The Guwahati Satellite City Development Authority Act, 2026
The Guwahati Satellite City Development Authority Act, 2026
1. Short title, extent and commencement
- (1) This Act may be called the Guwahati Satellite City Development Authority Act, 2026.
- (2) It shall extend to the Kamrup (Metropolitan) District and such other districts as may be notified by the Government from time to time.
- (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions
In this Act, unless the context otherwise requires, —
- (a) "amenity" means roads, streets, open spaces, parks, landscaping, playgrounds, recreational grounds, tourist spots, water and electric supply, street lighting, sewerage, drainage, public works, communication network and such other utility services and conveniences as the Government may specify by notification to be as amenities for the purpose of this Act;
- (b) "Authority" means the Guwahati Satellite City Development Authority established under section 5 of this Act;
- (c) "Committee" means Executive Committee constituted under section 13 of this Act;
- (d) "building" means any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or any other purposes, whether in actual use or not;
- (e) "developer entity" means an individual, company or association or body of individuals whether incorporated or not, a cooperative society, a corporate body, or an agency national or international to whom a licence is given to undertake development works within the framework of a plan or development scheme duly approved under this Act;
- (f) "development" means to carry out building, engineering, mining or other operations in, on, over, or under, land or the making of any material change, in any building or land or both, or in the use of any building or land or any material or structural change and includes demolition of any existing building, structure or erection and re-development, re-clamation of land, conservation of environment, forming of layouts and sub-division of any land into plots, and development of amenities; and 'to develop' shall be construed accordingly;
- (g) "development plan" means a comprehensive plan for the development or re-development or improvement of a local area within the jurisdiction of the Authority covering the whole or part thereof, conceived within the framework of the perspective plan providing medium-term (five years) policies, programmes and detailed proposals for socio-economic and spatial development of such area indicating the manner in which the use of land and development therein shall be carried out and includes a Satellite City Development Area plan, development plan, area development plan, town development plan, zonal development plan, village development plan, or any other plan or scheme prepared under the Act;
- (h) "development project or projects" means plans conceived within the framework of approved development plan, containing detailed working layouts with all supporting infrastructure and documents including cost of development, source of finance and recovery instruments for their execution;
- (i) "development scheme" means the method of securing land required for a development plan by means of land acquisition or land pooling or any other means, and the details of implementation of the plan in the secured land incorporating in a document conferring rights on land by specifying the use of land and development, and outlining the processes of development to be followed;
- (j) "Government" means the Government of Assam;
- (k) "infrastructure plan" means a plan showing existing and proposed major infrastructure facilities like circulation network including ring/radial/grid roads connecting all the settlements, transport, power, water supply, natural drainage, sewerage system, solid waste disposal and management system, communications network and related facilities like power plants, roads, highways, railways, metro ways, airports, and the like;
- (l) "land" means land and includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;
- (m) "land pooling scheme" means a cluster of small plots of land of different owners voluntarily authorised to be combined into a large land parcel, to provide it with infrastructure development in a planned manner and return the reconstructed land to the land owners, after deducting the land required for public open spaces such as parks and play grounds, social housing for economically weaker sections, social amenities such as school, dispensary and other civic amenities, road network, and other infrastructure as specified under the Act as well as such extent of land in lieu of the cost of development towards the provision of infrastructure and amenities and other costs and expenses to be incurred for the scheme and external trunk infrastructure;
- (n) "land use" means the principal use of land for which a plot of land or building thereon is used or intended to be used for the purpose of classification of a plot according to the land uses, which is deemed to include subsidiary land uses that are contingent upon it;
- (o) "master plan" means a land use, infrastructure and transportation plan, indicating the location of residential, commercial, transportation, green/open, mixed use, utilities, social infrastructure, industrial, agricultural areas and ecologically fragile areas, prepared for the whole of the notified Satellite City Development Areas or part thereof and which may at the concept level be for a twenty year period, reviewed every five years having a low level of detail or at a detailed level for up to ten years period;
- (p) "operational construction" means any construction whether temporary or permanent, which is necessary for the operation, maintenance, development, or execution of any of the services such as railways; national highways, state highways, other important roads; waterways; ports; airways and aerodromes; postal, telecom services of Bharat Sanchar Nigam Limited; electricity; defence; Oil and Natural Gas Corporation Limited/Oil India Limited/Assam Gas Company Limited; works undertaken by the Authority or any local body; or any other service which the Government may, if it is of the opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notification, declare to be a service for the purposes of this clause. Explanation.— Construction of new residential buildings (other than gate lodges, quarters for limited essential operational staff and the like), roads and drains in railway colonies, hotels, clubs, institutes and schools, in the case of railways; and construction of a new building, new structure or new installation or any extension thereof, in the case of any other service, shall not be deemed to be construction within the meaning of this clause.
- (q) "plan" means the statement of proposals, policies and development briefs for securing, promoting and regulating development in a planning area, and includes a map or maps or sets of documents or all of them; and includes a perspective plan, a development plan of the whole or a part of the any notified Satellite City Development Area, prepared under this Act;
- (r) "prescribed" means prescribed by rules "regulations" means regulations made by the Authority under this Act;
- (t) "rule" means rule made under this Act;
- (u) "Satellite City Development Area" means such areas within a district or traversing one or more districts, as notified by the State Government from time to time under section 3 of this Act, for the purposes of securing the planned and sustainable development of such Satellite City Development Areas and for providing integrated urban infrastructure, public amenities, utility services, housing, economic development and other facilities incidental thereto;
- (v) 'Special Purpose Vehicle' means a public limited company under the Companies Act, 2013 or any type of body corporate incorporated under applicable laws, which may be formed by the Authority on its own or in collaboration or joint venture with any third party for a well-defined and specific purpose to achieve one or more objects of the Authority and/or execute any works and/or project in furtherance of such objects of the Authority;
- (w) "State" means the State of Assam;
- (x) "town planner" means a person having post-graduation in any discipline of Planning as prescribed by Institute of Town Planners India with graduation either in Architecture or Civil Engineering;
- (y) 'township' means a well-planned and developed area, under which there is an integrated provision of living, working and entertainment facilities including all physical and social infrastructure and shall include a development scheme, a town planning scheme, a land pooling scheme or development in an area where land belongs to a promoter or association of individuals or an area as notified by the Authority;
- (z) "transferable development right" means a development right as defined under the provisions of the Assam Town and Country Planning Act, 1959 read together with the Assam State Policy for Grant of Transferable Development Rights published vide Notification No. UDD(T)/270/2022/26 dated 28.09.2022. Assam Act No. II of 1960
3. Declaration of Satellite City Development Areas
- (1) The State Government may by notification in the Official Gazette from time to time, declare, delineate, define the limits of certain areas within Kamrup (Metropolitan) District or traversing one or more such other districts as may be notified by Government from time to time, as a notified 'Satellite City Development Area' consisting of such urban and rural areas for the purpose of this Act with effect from such date as may be specified therein.
- (2) In delineating any area as a Satellite City Development Area under this Act, the State Government shall have due regard to the objectives of planned urban development, industrial growth, infrastructure development, economic development and such other factors and/or considerations as may be prescribed.
- (3) The State Government may, by notification in the Official Gazette, transfer any function performed by any department of the Government within a notified Satellite City Development Area to the Authority, subject to the provisions of this Act.
4. Control of the Authority within the notified Satellite City Development Area
- (1) Subject to the provisions of this Act, the Authority shall, on and from the date of the notification under section 3(1), be the principal authority for planning, development and coordination of all development initiatives, schemes and/or projects within the notified Satellite City Development Areas under this Act.
- (2) Subject to the provisions of this Act, on and from the date of notification of the Satellite City Development Area under section 3, all development activities, land use changes, infrastructure projects, development permissions, layout approvals, earmarking and sub-division of land, building and construction activities and development schemes within a notified Satellite City Development Area shall conform to the plans, regulations, byelaws, development schemes and other orders, notifications and/or directions issued by the Authority under this Act.
- (3) Every local body, local authority, statutory authority, Government department, public utility, public sector undertaking and other agency and/or entity operating within a notified Satellite City Development Area shall incorporate and make applicable in such manner as may be necessary the plans, rules, regulations, byelaws and/or directions as may be issued by the Authority under this Act from the date of notification of the Satellite City Development Area under section 3.
- (4) The Authority may notify in writing any local body, local authority, Government department, statutory authority or public sector undertaking operating within the notified Satellite City Development Area such information, rules, guidelines and/or orders for purposes of securing coordinated planning, infrastructure development and implementation of development schemes within a notified Satellite City Development Area.
- (5) Where any existing laws, rules, regulations and/or byelaws are found to be inconsistent with the provisions of this Act or any rules or regulations or byelaws made under this Act, the provisions of this Act and the rules, regulations and byelaws made hereunder shall take precedence and shall be given effect to.
- (6) Where any project, proposal, scheme, permission and/or activity undertaken in a notified Satellite City Development Area is found to be inconsistent with an approved plan, development scheme or regulation or byelaws made under this Act, such activity shall be ceased immediately upon receipt of a notice in writing from the Authority and shall be subject to the decision of the Authority with respect to such project, proposal, scheme, permission and/or activity.
- (7) Nothing contained in this Section shall be construed as divesting any local authority or statutory authority of its statutory municipal and/or development functions except to the extent expressly provided under this Act and limited to the notified Satellite City Development Areas only.
- (8) The State Government may, by notification, confer upon the Authority such additional powers, functions and responsibilities as may be necessary for securing and achieving integrated and planned development within a notified Satellite City Development Area as per the provisions of this Act.
- (9) The State Government and/or the Authority may make such rules and/or regulations and/or byelaws as may be necessary to give effect to the provisions of this Section, in accordance with the provisions of this Act.
5. Establishment of the Authority
- (1) The Government may, by notification published in the Official Gazette, establish for the purposes of this Act, an Authority to be called the Guwahati Satellite City Development Authority for the planning, coordination, regulation, financing, implementation, promotion and supervision of the planned and sustainable development of Satellite City Development Areas in Kamrup (Metropolitan) District and such other districts as may be notified by Government from time to time.
- (2) The Authority shall exercise jurisdiction over the Satellite City Development Areas as may be notified from time to time for providing integrated urban infrastructure, public amenities, utility services, housing, economic development and other facilities incidental thereto,
- (4) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold, develop, manage, lease, transfer and dispose of property, both movable and immovable, and to enter into contracts and by the said name sue and be sued.
- (5) The head office of the Authority shall be situated at any place within the notified Satellite City Development Area as may be necessary for the efficient discharge of its functions under this Act and may have subsidiary offices, regional offices, project offices, special purpose vehicles, companies, joint ventures or other implementation entities and/or offices within or outside the notified area.
6. Constitution of the Authority
- (1) The Guwahati Satellite City Development Authority shall consist of the following members, namely:-
- (i) Hon'ble Chief Minister of Assam -Chairperson
- (ii) Hon'ble Minister-in-Charge, Department of Housing and Urban Affairs, Government of Assam -Vice Chairperson
- (iii) Chief Secretary, Government of Assam -Member
- (iv) The Senior-most Secretary, Department of Housing and Urban Affairs, Government of Assam -Member Secretary
- (v) Any other such members as may be nominated by the Government.
- (2) Any other such members as may be nominated by the Government, including but not limited to senior Government Officials, domain experts, industry leaders, financial institutions and other stakeholders in order to incorporate best practices in its policy decisions and achieve the objects of the Authority shall be in such manner as may be prescribed.
- (3) Where a person becomes or is elected or nominated or appointed as a member of the Authority by virtue of holding any office or being a member of the Legislature or any local authority, or Committee or body, he shall cease to be a member of the Authority, as soon as he ceases to hold that office or to be such member, as the case may be.
7. Powers and functions of the Authority
The Authority shall exercise the following powers and functions namely:-
- (A) Planning functions:
- (1) Prepare, revise and implement master plans, development plans, area development plans, infrastructure plans, local area plans, town planning scheme, townships and such other plans as may be necessary for the planned development of satellite cities and integrated townships in the notified Satellite City Development Areas;
- (2) Undertake surveys, studies, investigations and data collection necessary for urban planning, infrastructure planning, environmental management and land use planning, etc. and such other purposes as may be necessary for the planning and development of satellite cities and integrated townships in the notified Satellite City Development Areas;
- (3) Formulate plan for zoning regulations and building regulations and such other rules, regulations and byelaws affecting planning and development of the notified Satellite City Development Areas;
- (4) Review, approve, coordinate and monitor development plans prepared by local authorities and/or concessionaires, developer entities or other entities or special purpose vehicles within the notified Satellite City Development Areas.
- (B) Development functions:
- (1) Formulate, finance, undertake, execute and implement development schemes, infrastructure projects and urban development projects either by itself or through any agency, company, contractor, concessionaire, developer entity or special purpose vehicles within notified Satellite City Development Areas;
- (2) Undertake the construction, development, operation, maintenance and management of roads, bridges, water supply systems, sewerage systems, drainage systems, power infrastructure, communication networks, logistics infrastructure and other public utilities within notified Satellite City Development Areas;
- (3) Develop integrated townships, industrial townships, knowledge cities, aviation cities, logistics hubs, tourism zones, economic corridors, commercial centres and other planned urban development projects within notified Satellite City Development Areas or other areas under its jurisdiction;
- (4) Formulate and implement affordable housing programmes, rehabilitation schemes and resettlement projects;
- (5) Formulate and implement economic development strategies, policies and/or schemes, investment promotion initiatives or schemes and livelihood generation programmes of the Government of Assam with respect to satellite cities or integrated townships established or developed pursuant to this Act.
- (C) Land and property functions:
- (1) Acquire, purchase, lease, exchange, hold, manage, develop, transfer, mortgage, dispose of or otherwise deal with land and immovable property belonging to or transferred to the Authority;
- (2) Undertake and implement land pooling schemes, town planning schemes, land readjustment schemes and create and maintain land banks for purposes of this Act;
- (3) Grant leases, licenses, development rights, concessions and/or permissions with respect to land and/or immovable property vested in or belonging to the Authority;
- (4) Create, grant, regulate and administer transferable development rights, development rights certificates and other land value capture instruments as per applicable laws of the state of Assam.
- (D) Regulatory functions:
- (1) Regulate development activities within Satellite City Development Areas in accordance with approved plans, in such manner as may be prescribed;
- (2) Grant, approve, refuse, suspend or revoke development permissions and such other approvals in such manner as may be prescribed;
- (3) Enforce and monitor compliance with notified development plans, development schemes, building regulations and byelaws, planning specifications and standards in such manner as may be prescribed;
- (4) Monitor and prevent unauthorized development within Satellite City Development Areas and enforce the provisions of this Act.
- (E) Financial and commercial powers and functions:
- (1) Raise finance through grants, loans, borrowings, issue of securities such as bonds or debentures, equity shares or preference shares in special purpose vehicles of the Authority, public-private partnerships in accordance with the provisions of this Act;
- (2) Establish and manage development funds, infrastructure funds and project-specific funds;
- (3) Levy, collect and recover development charges, utility charges, user charges, betterment charges, premiums, cess and such other fees as per the provisions of this Act;
- (4) Undertake land value capture, asset monetization and revenue generation measures for development of financial resources of the Authority.
- (F) Institutional functions:
- (1) Promote the formation of companies, special purpose vehicles, trusts, funds or other entities for the development, financing, operation and management of infrastructure, urban services, industrial townships, logistics hubs, economic zones, housing projects and such other projects as may be approved by the Authority
- (2) Establish, incorporate, promote and/or subscribe to the share capital of public limited companies, special purpose vehicles, joint ventures, trusts, funds and other corporate entities for implementation of projects and schemes under this Act;
- (3) Coordinate the activities of Government departments, statutory authorities, local bodies, utility companies and/or public sector undertakings and/or concessionaires and other entities operating within the Satellite City Development Areas;
- (4) Issue directions, recommendations and take coordination measures necessary for integrated infrastructure and urban development;
- (5) Engage consultants, advisors, experts, institutions and agencies to aid and assist the Authority in carrying out its functions.
- (G) Residual powers
- (1) Do all such acts, deeds and/or things required for attainment of the purpose of the Act:
- (2) Exercise such other powers and perform such other functions as may be conferred upon the Authority by the State Government from time to time.
8. Tenure of the members of the Authority
- (1) Any members co-opted by the Authority in accordance with clause (v) of sub-section (1) of section 6 shall be for a period not exceeding 5
- (five) years or be a member for such duration as may be specified in the order and/or notification of the State Government issued for this purpose, provided that such duration does not exceed 5
- (five) years.
- (2) No act or proceeding of the Authority shall be invalidated by reason only of any vacancy in the constitution of the Authority and/or the Executive Committee.
9. Meetings of the Authority
- (1) The meetings of the Authority shall be chaired by the Chairperson and in the absence of the Chairperson, the Vice-Chairperson shall preside over the meeting.
- (2) The Authority shall meet at least once in every six
- (6) months and shall subject to the provision of this Act, conduct the business of the Authority in such manner as may be prescribed in the regulation.
- (3) The first meeting of the Authority shall be held within a period of three
- (3) months from the date of the constitution of the Authority.
10. Other Functions of the Authority
- (1) The Authority, in addition to the overall powers and functions conferred upon the Authority under this Act, shall provide strategic direction, policy guidance and high-level coordination for purposes of implementing the projects towards fulfilling the objects of the Authority.
- (2) The Authority shall review major projects, facilitate inter-departmental coordination, guide investment promotion initiatives, resolve policy issues and monitor the progress of flagship projects undertaken by Authority and perform such other functions as may be prescribed.
11. Temporary Placement of the Authority
- (1) The Government may, from time to time, depute Government officials from various departments to the Authority, on a temporary basis, as may be necessary to assist the Authority for performing the functions of the Authority.
- (2) The Government may engage, appoint and consult domain experts, industry leaders, financial institutions and other consultants as may be necessary to assist the Authority in formulating policies and schemes, preparing plans and projects and performing the various functions of the Authority.
12. Delegation of the power by the Authority
The Authority may, with the prior approval of the State Government, delegate any of its powers and functions, to the Chief Executive Officer or to one or more officers in such manner and for such purposes as may be prescribed.
13. Constitution of the Executive Committee
The Executive Committee shall consist of the following members, namely:-
- (i) Senior-most Secretary, Department of Housing and Urban Affairs, Government of Assam (Chairperson);
- (ii) Chief Executive Officer;
- (iii) Secretary or his representative from the Finance Department (not below the rank of Secretary);
- (iv) Secretary or his representative from the Department of Revenue and Disaster Management (not below the rank of Secretary);
- (v) Secretary or his representative from the Department of Industries and Commerce (not below the rank of Secretary);
- (vi) Secretary or his representative from the Department of Transformation and Development (not below the rank of Secretary);
- (vii) Representative from the Directorate of Town and Country Planning, Assam;
- (viii) Town Planner, GMDA;
- (ix) Any other members as may be required for the purpose of the provisions of the Act.
14. Powers and functions of the Executive Committee
- (1) The Executive Committee shall oversee the overall functioning of the Authority, particularly with respect to strategic direction, preparation of development plans, implementation of projects and schemes, etc. to ensure that the objectives of the Authority are being fulfilled.
- (2) The Executive Committee shall be responsible for project approvals, implementation oversight, financing frameworks, partnership structures, land-related matters and overall operational management of the Authority, which shall be in such manner as may be prescribed.
- (3) The Committee may, at any time and for such period as it thinks fit, co-opt any person or persons as a member of the Committee.
- (4) A person co-opted under sub-section (3) of section 14 shall exercise and discharge all the powers and functions of a member of the Committee, as the case may be, but shall not be entitled to vote.
15. Appointment of the Chief Executive Officer
The State Government shall appoint an officer not below the rank of Secretary to the Government of Assam as a Chief Executive Officer of the Authority by notification published in the Official Gazette.
16. Powers and functions of Chief Executive Officer
- (1) The Chief Executive Officer shall be responsible for the administration and management of the functions and affairs of the Authority in accordance with the resolutions, directions and orders passed by the Executive Committee and the Authority
- (2) The Chief Executive Officer shall be the supervising authority and shall give direction and control over all departments of the Authority and staff and employees of the Authority shall be as may be prescribed.
- (3) The Chief Executive Officer shall .
- (i) appoint heads for various branches such as Urban Planning, Architecture, Urban Design, Landscape Architecture, Civil Engineering, Geographic Information Systems (GIS), Information Technology (IT), Finance and Accounts, Utilities, Housing and Environment, Economic Development and Investment Promotion, Administration and Human Resources, Vigilance, Revenue, Public Works and other departments;
- (ii) recruit such number of personnel and staff following such procedure as may be prescribed;
- (4) The Chief Executive Officer and the officers appointed to lead various branches and any and/or all staff appointed in such departments of the Authority shall be entitled to receive from the funds of the Authority such remuneration and/or salary and shall be governed by such conditions of service as may be prescribed.
- (5) The Authority may engage such heads or other officers and employees including professional service providers and team of experts as may be necessary for the efficient performance of its functions and to guide the Authority in the implementation of the Act and may determine their designations, grades, scales of pay and allowances.
- (6) The Authority may utilize the services of the employees in the Government Services for various cadres in the Authority, in consultation with the administrative department and the State Government, as per the provisions of the Assam Mobility of Employees of State Government and Other Establishment of Government (For Optimum Utilization Of Available Manpower For Efficiency) Act, 2023 and such other laws, rules and/or regulations as made applicable from time to time. (Assam Act No. XLIX of 2023)
- (7) The Authority shall have the power to engage officials of various cadres on deputation from the State Government and Central Government departments or public sector undertakings, as may be necessary.
- (8) The Authority may engage external consultants, advisors and experts as considered necessary on such remuneration and such terms of reference to be assigned and determined by the Authority.
- (9) The Authority shall have the power to hire the services of private service providers and engage people with expertise so as to augment the professional expertise required for execution of its responsibilities.
- (10) The Authority may identify, engage, surrender, remove, re-appoint and appraise the performance of heads of departments, officers and other employees in the manner prescribed by rules and/or regulations under this Act.
- (11) The powers of appointment, promotion, termination of appointment, dismissal and disciplinary control of the persons employed by the Authority shall be vested in the Chief Executive Officer and shall be governed by conditions of service and other terms laid down by rules and regulations made under this Act.
17. Preparation of Master Plan and development plans
- (1) The Authority shall from the date of notification of each Satellite City Development Area or within such time as the State Government may extend, prepare a master plan, undertake detailed area development plans, undertake surveys and studies, review and revise the master plans, area development plans or any other plans as may be necessary from time to time for the notified Satellite City Development Areas.
- (2) After preparing a master plan or any other plans under this section, the Authority shall notify the same in such form and manner as may be prescribed, inviting objections or suggestions from any person or body or other stakeholders within a prescribed period from the date of publication of the draft master plan.
18. Area development schemes
- (1) The Authority shall, as soon as may be after the commencement of this Act, by notification in the Official Gazette. declare any area under the notified Satellite City Development Area to be a development area for the purpose of achieving planned development and for providing better infrastructural facilities by implementing the proposals contained in the Master Plan and the development plans as approved.
- (2) Upon declaration of a development arca under sub-section (1), no development of land shall be carried out in any area by any person or body including a department of the State Government unless permission for such development has been obtained in writing from the Authority in accordance with the provisions of this Act.
- (3) The Authority shall, upon declaration of development areas under sub-section (1), prepare one or more development schemes for such notified development areas incorporating the proposals in the final master plan and development plans.
- (4) The Authority may, while preparing the development scheme under sub-section (3), consult local bodies, statutory authorities and/or other departments and public sector undertakings of the State Government and may further consult domain experts as may be necessary.
- (5) The Authority, as and when required, may by notification invite applications from any developer entity to undertake a development scheme independently or jointly with the Authority as specified in accordance with the provisions of this Act, as per the terms and conditions specified in the notification and as per the conditions stipulated by the Authority while according sanction for the development scheme. The form and manner of inviting applications from developer entities shall be in such manner as may be prescribed.
- (6) A development scheme or schemes shall be prepared by the Authority and/or a developer entity appointed by the Authority under this Act containing such provisions and particulars as may be prescribed.
- (7) Notwithstanding anything contained in this Chapter, the Authority may, in the preparation of any development scheme pertaining to the development of integrated townships within notified Satellite City Development Areas, incorporate and apply the provisions of the Assam State Township Policy, 2023 or any other policy as required for the purpose of this Act. Explanation.- For the purposes of this Act, the Authority under this Act shall be deemed to be an Authority as defined under the provisions of the Assam State Township Policy, 2023.
19. Effect of notification of development scheme
On and after the day on which a development scheme under this Act comes into force, -
- (1) all lands belonging to the State Government or any other local authority situated within the concerned development area, unless it is otherwise determined in the development scheme by the Authority shall vest in the Authority free from all encumbrances;
- (2) all rights in the existing plots within the development area which have been reconstituted by the development scheme shall be determined and the reconstituted plots shall become subject to the rights settled by the Authority;
- (3) land uses earmarked in the development plans sanctioned under section 18 under different categories and/or classifications shall automatically stand converted to uses proposed under the sanctioned and notified development Scheme: Provided that land uses which have been earmarked for recognized ecological conservation purposes including but not limited to wildlife reserve, forest use, tribal lands, buffer zones, ecologically sensitive water bodies, marsh lands and/or wetlands and all other prohibited uses as may be decided by the Authority shall not be subject to automatic change of land use and/or conversion of land use under this section;
- (4) The Authority shall hand over lawful, physical possession of the reconstituted plots to the owners to whom such reconstituted plots are allotted by the provisions of the development scheme.
20. Implementation of notified development scheme
- (1) Upon coming into force of a final development scheme duly notified under the development scheme shall be implemented by the Authority within such period as may be mentioned in the development scheme or such further time period as the State Government may, by notification, extend for purposes of implementation of the development scheme, subject to such rules and/or regulations as may be prescribed.
- (2) No person or body (including a department of Government and any local authority) shall, within any area where a development scheme under this Act has come into force, erect or proceed with any building or work or remove and alter or make any substantial repair to a building or a part of it, a compound wall or any drainage work or may remove any earth or change the use of any land or building except on permission of the Authority on application submitted for the purpose. Unless the permission has been refused by way of a speaking order passed by the competent officer of the Authority within one
- (1) month from the date of receipt of the application, it shall be presumed that the permission has been granted.
21. Infrastructure development
- (1) The Authority shall have the power to undertake infrastructure development projects and/or activities as per notified master plans and/or development plans under section 17 upon land situated in notified Satellite City Development Areas which is vested in the Authority and/or transferred to the Authority by the State Government under this Act.
- (2) The Authority may further undertake infrastructure development projects and/or activities as per sanctioned development schemes under section 18 in respect of notified development areas.
- (3) Infrastructure projects and/or activities within notified Satellite City Development Areas and/or notified development areas under sub-section (1) or sub-section (2), as the case may be, may be undertaken by the Authority either on its own or by appointing developer entities in such manner as may be prescribed by rules and/or regulations made in this behalf.
- (4) The Authority may establish special purpose vehicles as developer entities to implement and execute the sanctioned development schemes under this Act.
- (5) The Authority may, by notification, invite applications from any developer entity to undertake infrastructure development projects and/or activity or activities independently or jointly with the Authority as per the provisions of sub-section (1) and sub-section (3), in such manner as may be prescribed by rules and/or regulations and upon such terms and conditions as may be specified in the notice inviting applications.
- (6) Any infrastructure project and/or development project undertaken by the Authority and/or an appointed developer entity under this section shall be subject to such frameworks and procedures for preparation and approval of detailed project reports, commencement of execution of work and monitoring of progress as may be prescribed by rules and/or regulations made in this behalf.
22. Infrastructure and amenities to be provided
- (1) The Authority or the developer entity appointed for purposes of implementation of a development scheme shall provide the following infrastructure and amenities in the concerned development area:-
- (a) Road development;
- (b) Electric lines and street lighting located in exclusive strips of land;
- (c) Water supply;
- (d) Sewerage works including but not limited to distribution network and sewage disposal and treatment facilities;
- (e) Storm water drainage network and systems;
- (f) Rain water harvesting, as applicable;
- (g) Telecommunication lines located in exclusive strips of land over ground or in ducts under the surface;
- (h) Development of open spaces for parks, playgrounds and other recreational facilities without obstructing pedestrian pathways or roads;
- (2) The responsibility of providing infrastructure and amenities within reconstituted plots under the development schemes shall lie with the respective owners.
23. Resumption of plot and infrastructure
In the event of failure of any developer entity to execute the development projects and/or infrastructure development projects as per the approved Detailed Project Report or in the event of failure to complete development projects within the targeted project completion date the Authority shall have the power to take over the plot, the project and the works under execution in such manner as may be prescribed.
24. Urban infrastructure and utility services
- (1) Notwithstanding anything contained in this Act or any other law for the time being in force, the Authority may, in consultation with the competent authorities of municipal corporations, development authorities and other local authorities as well as Departments of the State Government, prepare any project or scheme with a view to provide urban infrastructure within the territorial limits of such municipal corporations, development authorities and other local authorities and Departments of the State Government and execute the same in such manner as may be prescribed. Explanation.— For the purposes of this section, the term “urban infrastructure” also mean and include drinking water, sanitation, sewage systems, electricity and gas distribution, urban transport, primary health services, environmental regulation as well as streets, roads, bridges and any other means of transport and communication, and activities related or incidental for the execution of such infrastructure project or scheme.
- (2) For the purposes of preparation and execution of a project or scheme under sub-section (1), the Authority shall be deemed to be the competent authority or authorities under the Guwahati Municipal Corporation Act, 1969, Assam Town and Country Planning Act, 1959, the Assam Municipal Act, 1956, the Assam Municipal Corporation Act, 2022 and Assam Panchayat Act, 1994 and shall exercise such powers of the competent authorities under the said Acts as may be necessary, limited to the extent of preparation, execution and implementation of an urban infrastructure project and/or activity under sub-section (1). Assam Act No. 1 of 1973 Assam Act No. II of 1960 Assam Act No. XV of 1957 Assam Act No. VIII of 2022 Assam Act No. XVIII of 1994
- (3) The Authority shall, in consultation with the concerned competent authorities of municipal corporations, development authorities and other local authorities as well as Departments of the State Government and in such manner as may be prescribed made in this behalf, define the roles and responsibilities of such competent authorities in the operation, maintenance and administration of the completed urban infrastructure project and/or activity and/or determine the terms and conditions, inter alia, of revenue generation, asset monetization and sharing of revenue, as the case may be, with respect to the completed urban infrastructure project and/or activity.
25. Power to hand over management and administration of development projects and/or Satellite City Development Areas to other development authorities and/or local bodies and/or local authorities
Notwithstanding anything contained herein, the Authority may, with the prior approval of the State Government and in such manner as may be prescribed by rules and/or regulations made in this behalf, hand over the operation, maintenance and administration of the completed development projects and/or activities under this Act and/or the whole or any part of a notified Satellite City Development Area to local municipal corporations, development authorities and other local authorities, subject to such terms and conditions as may be prescribed made in this behalf.
26. Power to enforce development scheme
- (1) On and from the day on which a development scheme has been notified by the Authority in such manner as may be prescribed, the Authority shall have the power to enforce and execute the development scheme within the notified development area and recover expenses for execution of any work which it is the duty of any person to execute under the notified development scheme in such manner as may be prescribed.
- (3) For the purpose of making or execution of any development scheme under this Act, the Authority or any officer of the Authority authorised in this behalf or persons appointed by the State Government or their subordinates under this Act shall exercise such powers as may be prescribed by rules and/or regulations.
27. Power of Authority to require local authority to assume responsibility for local amenities in certain cases
Where any area situated within a notified Satellite City Development Area has been developed by the Authority, the Authority may require the local authority within whose limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the Authority and for the provision of the amenities which have not been provided by the Authority but which in its opinion shall be provided in the area, on terms and conditions agreed upon between the Authority and that local authority; and where such terms and conditions cannot be agreed upon, on terms and conditions settled by the State Government in consultation with the local authority on a reference of the matter to the State Government by the Authority.
28. Acquisition of land
- (1) The State Government may, in order to enable the Authority to discharge any of its functions or to exercise any of its powers or to carry out any of its projects or development schemes or programmes, or to provide any amenity by itself or through any recognised agency and on a representation made by the Authority in such form and manner as may be prescribed, acquire any land in any part of the districts mentioned in sub-section (2) of section 1 by publishing in the Official Gazette a notification to the effect that the State Government has decided to acquire the land in pursuance of this section.
- (2) The acquisition of land for any purpose mentioned in sub-section (1) shall be deemed to be a public purpose and the acquisition of any land for such purpose shall in all cases be made in accordance with the relevant provisions of this Chapter and/or the provisions of applicable land acquisition laws in force and made applicable to the State of Assam.
- (3) When a notification as aforesaid is published in the Official Gazette, the land shall, on and from the date on which the notification is so published, vest absolutely in the State Government free from all encumbrances in such manner as may be provided in the applicable statute under which the land has been acquired by the State Government.
29. Modes of Acquisition of land by the Authority through negotiated settlement
- (1) The Authority may acquire land by mutual agreement by paying such amount and also on such other terms and conditions as may be agreed upon in such manner as may be prescribed.
- (2) The Authority may enter into an agreement with any person for the purchase, leasing or exchange by the Authority from such person of any land, which the Authority is authorised to acquire, or any interest in such land.
- (3) The State Government may acquire land under this Chapter by private negotiation and settlement with land owners as per the provisions of direct purchase policies of the State Government in force and as amended from time to time.
- (4) Notwithstanding anything contained in this Act, the Authority may, subject to such rules as may be prescribed, opt for acquisition of land by private negotiation and settlement prior to initiating the procedure for compulsory acquisition of land by the State Government under this Act.
- (5) The Authority may, with the consent of the owner, acquire land for public purposes, for providing infrastructure, amenities and facilities by way of according Transferable Development Rights through issue of Development Right Certificate in lieu of payment towards cost of land in such manner as may be prescribed by rules and/or regulations made in this behalf.
- (6) The Authority may, with the consent of the owner, acquire land and built-up space for public purposes as indicated in the sanctioned development plans and/or development schemes from the owner, and provide a built-up space equivalent to the area of the land and the built-up space required for the amenity or facility, in lieu of the cost of land the built-up space acquired for the infrastructure, public amenity, public utility and services which is transferred to the Authority in such manner as may be prescribed by rules and/or regulations made in this behalf.
30. Disposal and allotment of land by the Authority
The Authority shall have the first right of alienation of Government lands within the Satellite City Development Areas and such land which may be required by the Authority shall be transferred to the Satellite City Development Land Bank.
31. Transfer of Government land to the Authority
- (1) Where any land has been acquired by the State Government, the State Government may, after it has taken possession of the land, transfer the land to the Authority for the purpose for which the land has been acquired on payment by the Authority of the compensation awarded under the provisions of the applicable land acquisition laws and of the charges incurred by the State Government in connection with the acquisition.
- (2) The Government may, by specific orders and on such terms and conditions as may be agreed upon between the Government and the Authority, place at the disposal of the Authority any developed and undeveloped Government lands situated in the districts mentioned in sub-section (2) of section 1 for the purpose of development of Satellite City Development Areas under this Act.
32. Vesting of land in the Authority
Notwithstanding anything contained in any other law for the time being in force, existing government land earmarked by the State Government for purposes of achieving the objects of this Act and land under acquisition by the State Government under this Act shall, immediately after establishment of the Authority under section 5 of this Act, be deemed to have been placed at the disposal of and vested in the Authority which shall take over such land for and on behalf of the State Government and may use the same for the purposes of this Act and may dispose of the same as per the provisions of this Act subject to such conditions and restrictions as the State Government may, from time to time, lay down and in such manner, as it may, from time to time, prescribe.
33. Form and manner of disposal of land or other property by the Authority
- (1) Subject to any directions given by the State Government under this Act, the Authority may dispose of—
- (a) any land acquired by the State Government and transferred to it, without undertaking or carrying out any development thereon; or
- (b) any such land after undertaking or carrying out such development as it thinks fit, to such persons, in such manner and subject to such terms and conditions as it considers expedient for securing the development of Satellite City Development Areas according to plan and as per the provisions and objects of this Act.
- (2) Nothing in this Act shall be construed as enabling the Authority to dispose of land by way of gift, mortgage or charge, but subject as aforesaid, reference in this Act to the disposal of land shall be construed as reference to the disposal thereof in any manner, whether by way of sale, exchange or lease or by the creation of any easement right or privilege or otherwise for purposes of achieving the objects of this Act.
34. Land pooling schemes
Subject to the provisions of this Act and after notification of the final master plans and development plans for one or more Satellite City Development Areas under this Act, the Authority shall prepare land pooling schemes for any part of the notified Satellite City Development Areas, as may be necessary and expedient for purposes of implementation of the sanctioned master plan and development plans and in such manner as may be prescribed by rules and/or regulations made in this behalf.
35. Land pooling schemes may also be prepared and formulated by recognized developer entities under this Act, subject to approval and monitoring by the Authority in such manner as may be prescribed.
Establishment of GSCDA Fund
- (1) There shall be a fund for the Authority to be called the Guwahati Satellite City Development Authority Fund ("GSCDA Fund") to which shall be credited all moneys received by the Authority, including—
- (a) A contribution made by the State Government towards a revolving fund to be established by the Authority, in such instalments, as the State Government may determine in accordance with the development schemes, development plans and master plans, as sanctioned for various notified Satellite City Development Areas and under appropriation duly made in this behalf, which contribution shall be utilised by the Authority for such planned development of Satellite City Development Areas as per the provisions of this Act;
- (b) Such other moneys as may be paid to the Authority by the State Government;
- (c) Such moneys as may be paid to the Authority by the Central Government or any other authority or agency;
- (d) Sums placed at the disposal of the Authority by the State Government from out of the proceeds of any cess levied under this Chapter;
- (e) The proceeds of any betterment charge levied under this Act;
- (f) All fees, costs and charges received by the Authority under this Act or any other law for the time being in force;
- (g) All money received by the Authority from the disposal of lands, buildings and other properties, movable and immovable, and other transactions;
- (h) All moneys borrowed by the Authority;
- (i) All moneys received by the Authority by way of rents and profits or in any other manner or from any other source.
- (2) The Authority may keep in current or deposit account with the State Bank of India or with any Scheduled Bank as defined in the Reserve Bank of India Act, 1934, which holds a licence issued by the Reserve Bank of India under section 22 of the Banking Regulation Act, 1949, or with any other bank approved by the State Government in this behalf, such sum of money out of its Fund as may be prescribed, and any money in excess of the said sum shall be invested in such manner as may be approved by the State Government.
- (3) Such accounts shall be operated upon by such officers of the Authority as per the direction of the Government.
- (4) As part of the GSCDA Fund, the Authority shall establish in district Bank accounts a Loans Fund for the purposes of,
- (a) receiving all money borrowed by it including all repayments of loan instalments together with payment of interest made by the borrower on loans;
- (b) providing all money to be made available by the Authority as loans or advances to local authorities and other authorities or persons;
- (c) repayment of loans raised by the Authority for the purpose of this Act, and
- (d) expenditure on projects and schemes.
- (5) All matters connected with the Loans Fund shall be governed by regulations made in this behalf.
- (6) The Authority shall make provisions for a reserve fund and may provide for other specially denominated funds as it deems fit.
- (7) The management of the funds referred to in sub-section (1), the sums to be transferred from time to time to the credit thereof and the application of money comprised therein, shall be determined by the Authority.
36. Development fund
- (1) For the purpose of enabling the Authority to undertake implementation and execution of sanctioned development schemes within notified Satellite City Development Areas and for the provision of working capital, a fund by the name of ‘Development Fund’ with a seed capital duly approved by the Government of Assam shall be created by the State Government which fund shall be maintained in such manner and applied towards such purposes and objectives as may be prescribed.
- (2) The Authority shall have the power to maintain and manage the Development Fund and allocate finances based on the provisions of the development schemes, plans and programmes for functional departments or public sector undertakings for undertaking development of amenities and infrastructure facilities and to monitor and exercise financial control over budgetary allocations concerning development works made through it to various functional departments or public sector undertakings or other instrumentalities, in such manner as may be prescribed by rules and/or regulations made in this behalf.
37. Development charges
- (1) Subject to the provisions of this Act and the rules made in this behalf, the Authority shall levy a charge, hereinafter called ‘development charge’, on—
- (a) the change of use of land or building or both, situated within a notified Satellite City Development Area;
- (b) The carrying out of development of any land or building or both, situated within a notified Satellite City Development Area.
- (2) The rates of development charges, their manner of assessment and recovery shall be in such form and manner as may be prescribed by rules and/or regulations made in this behalf.
38. Mobilising financial resources
- (1) The Authority may, from time to time, for the purposes of this Act, raise loans from the Government or, mobilise resources from any other source, either by creation and issue of debentures, bonds, or otherwise.
- (2) The Authority shall pay interest on such loans at such rates and at such times and shall make such provision for the mode and time or times of repayment of principal.
- (3) The Authority may, from time to time borrow by way of a temporary loan or overdraft from a bank or otherwise, any sum which it may temporarily require, —
- (a) For the purpose of defraying expenses pending the receipt of revenues receivable by it in respect of the period of account in which those expenses are chargeable; or
- (b) For the purpose of defraying, pending the receipt of money due in respect of a loan authorised to be raised under this Act, expenses intended to be defrayed by such loan.
- (4) Loans, debentures and bonds issued under this section may be guaranteed by the Government as to the repayment of the principal and the payment of interest at such rate as may be agreed upon. Explanation. For removal of doubts, it is hereby declared that the Authority may raise finance for any project or scheme for the development of Satellite City Development Areas and extend assistance to the local bodies in the region for the execution of such project or scheme.
- (5) All loans raised by the Authority under this section, together with all interest and other sums payable in respect thereof, shall be charged indifferently upon all the revenues of the Authority and shall rank equally with one another, with priority over any other charge on the revenues of the Authority.
- (6) The Authority shall maintain a sinking fund for the repayment of loans and moneys borrowed and shall pay every year into the sinking fund such sum as may be required under the borrowing contract and sufficient for repayment within the period fixed for all moneys so borrowed.
39. Borrowing powers
- (1) The Authority may, with the previous approval of the State Government, borrow any moneys for carrying out the purpose of this Act or for servicing any loan obtained by it, at such rates and on such conditions as the State Government may determine at the time the moneys are borrowed.
- (2) The Authority constituted under this Act shall be deemed to be a local authority as defined in the Local Authorities Loans Act, 1914 for the purpose of borrowing money under that Act, and the making and execution of a plan and scheme shall be deemed to be a work which such local authority is legally authorised to carry out.
- (3) The Authority may, from time to time, borrow money by way of loans or debenture from such sources, issue debentures at such rate of interest and for such period and upon terms, as the State Government may approve, for carrying out the objects of this Act.
40. Grants, advances and loan
The State Government may, after due appropriation made by the State Legislature by law in this behalf, make such grants, advances and loans to the Authority as the State Government may deem necessary for the performance of the functions of the Authority under this Act; and all grants, loans and advances made shall be on such terms and conditions as the State Government may determine.
41. Power to finance projects and schemes and impose conditions therefore
The Authority shall be competent to give grants, advances or loans to, or to share expenses with, any local authority or other authority in notified Satellite City Development Areas, for any of the purposes of section 7, and notwithstanding anything contained in any law for the time being in force, but subject to the restrictions (if any) contained in any laws governing such local authorities, it shall be lawful for such other authority to accept such grants, advances or loans or share in the expenses, subject to such terms and conditions as the Authority may, from time to time, in consultation with such other authority, specify.
42. State guarantee to loans taken or given by Authority
The State Government may guarantee repayment of the principal of, and interest on, any loan raised or given by the Authority or transferred to it, for the purposes of this Act, subject to such conditions as the State Government may think fit to impose.
43. Issue of securities, etc
As a consequence of the vesting of any property, rights or liabilities of the Government in the Authority under this Act, or of any capital injection or other investment by the Government in the Authority in accordance with any written law, the Authority may issue such securities or other securities to the Government as mutually agreed.
44. Power of investment
The Authority may invest its funds in accordance with the standard investment power of statutory bodies as defined under law.
45. Powers of levy user charge
- (1) The Authority, may, by notification in the Official Gazette and levy a cess on buildings and lands in notified Satellite City Development Areas or any part thereof, or notify, levy and collect user charges for land, building, erection of hoarding, tower, advertising signs situated within the notified Satellite City Development Areas and/or services of water supply, sanitation, waste management, public infrastructure, cleanliness, utility and services and other usable services etc. provided by the Authority within the notified Satellite City Development Areas in such manner as may be prescribed.
- (2) Such cess, user charges may be levied at different rates for different areas and for different classes of properties situated within the notified Satellite City Development Areas as may be prescribed and shall be collected in such manner as may be prescribed.
- (3) Notwithstanding anything contained in the Assam Tenancy Act, 2021, a landlord shall not, in respect of any premises situated in a notified Satellite City Development Area, be entitled to make any increase in the rent of the said premises on account of the payment by him of the cess levied under this section. Assam Act No. XXXI of 2021
46. Power of the Authority to levy betterment charges
- (1) The Authority shall have the power to levy upon the owner of the land or any person having an interest therein a betterment charge, in such form and manner as may be prescribed, in the event of an increase in value of the land situated in any notified Satellite City Development Area, as a consequence of any development project or scheme having been executed by the Authority under this Act in any notified Satellite City Development Area and/or notified development area.
- (2) The State Government may make such rules as may be necessary to set out the form and manner of assessment of betterment charges by the Authority under this section.
47. Application of Funds, etc
All property, funds and other assets vesting in the Authority shall be held and applied by it for the purposes and subject to the provisions of this Act and such rules and/or regulations as may be prescribed.
48. Application of revenues of the Authority
The State Government may, after consultation with the Authority, give directions to the Authority as to the manner in which its revenues shall be applied.
49. Annual budget estimate and annual plan
- (1) The Authority shall prepare, every year, in such form and at such time as may be prescribed, an annual budget estimate in respect of the financial year next ensuing showing the estimated receipts, expenditure and disbursements of the Authority and shall submit it to the Executive Committee for approval.
- (2) The Authority shall forward to the State Government copies of the budget estimate so prepared by the Authority and the budget as approved by the Authority and the Executive Committee.
50. Annual report
The Authority shall prepare after the end of each year (ending on the 31st day of March), a report of its activities during the previous year and submit it to the State Government before the 30th day of November and the State Government shall cause a copy of such report to be laid before the State Legislature.
51. Accounts
The Authority shall keep accounts in such form and in such manner as it may by regulations made in this behalf determine.
52. Audit
- (1) The accounts of the Authority shall be audited by an auditor appointed by the State Government from time to time.
- (2) The audit shall be made in such manner as may be determined by regulations.
- (3) The auditor shall submit his audit report to the Authority and shall forward a copy thereof to the State Government.
53. Power of Authority to enter into contracts, agreements, etc
The Authority shall be competent to make any agreement with any person in respect of any matter which is to be provided for in a development scheme, subject to the power of the Government to modify or disallow such agreement and unless it is otherwise expressly provided therein, such agreement shall take effect on and after the day on which the development scheme comes into force.
54. Establishment of project companies
The Authority shall have the power to promote, incorporate and establish special purpose vehicles and/or joint venture companies and/or project companies in the nature of public limited companies with the object of providing any services or for performing any functions which are directly or indirectly conducive to the duties and functions of the Authority under this Act.
55. Joint ventures
The Authority shall have the power to enter into and execute joint venture agreements with other Departments, development authorities, statutory authorities, developer entities and/or concessionaires and financing companies. as the case may be, for carrying out one or more of its objects under this Act.
56. Power of Authority to subscribe to the share capital of certain companies or contribute to trusts or societies
The Authority may, with the previous sanction of the State Government and subject to such terms and conditions, as the State Government may, —
- (i) subscribe to the share capital of any public limited company incorporated under the Companies Act, 2013 or a cooperative society with limited liability registered under the Assam Cooperative Societies Act, 2007;
- (ii) contribute to the corpus of a trust created under the Indian Trusts Act, 1882 or public trust registered under applicable laws in force in the State of Assam, or a society registered under the Societies Registration Act, 1860 as amended and made applicable to the State of Assam, which are incorporated or registered and promoted by the Authority with the object of providing any services or for performing any functions which are directly or indirectly conducive to the duties and functions of the Authority under this Act or any other law for the time being in force.
57. Investment in companies and powers of control and management
- (1) The Authority shall have the power to infuse capital in its project companies, special purposes vehicles or joint venture companies by subscribing to the share capital or by grant of loans by way of debentures or bonds or other recognised securities, for purposes of enabling such project companies, special purposes vehicles or joint venture companies to carry out their objects, functions and obligations.
- (2) The Authority shall have the power to exercise control and management over its project companies, special purpose vehicles and joint venture companies and retain such control and management even in the case of partial divestment by the Authority in such project companies, special purposes vehicles and/or joint venture companies, in such manner as may be prescribed.
- (3) The powers of control and management of the Authority in respect of its project companies, special purposes vehicles or joint venture companies shall be incorporated by way of special provisions in their incorporation documents including but not limited to memorandum of association and articles of association.
58. Delegation of project functions
Subject to the provisions of this Act, the Authority may delegate any of its development functions with respect to the notified Satellite City Development Areas to any of its project companies, special purposes vehicles or joint venture companies, on such terms and conditions as may be imposed by the Authority and subject to regular periodic monitoring and review of the execution and performance of such project companies, special purposes vehicles or joint venture companies with respect to the project functions delegated to them under this Section.
59. Restrictions on use of land and buildings after notification of development scheme
After the coming into operation of any development scheme in the notified Satellite City Development Area under this Act, no person or body (including a department of the State Government or any local body or authority) shall use or permit to be used any land, sub-divide any land by transfer, by way of gift, sale, partition or any other manner the whole or any part of the land; or setup any new structure on any land covered by the notified development scheme or change the existing structure or any building or use of any building or land within the area covered by the notified development scheme except with permission of the Authority on a written application submitted for this purpose.
60. Prohibition on development without permission
After the notification of the Satellite City Development area, no development, or change of use of any land shall be undertaken or carried out within the notified Satellite City Development Areas without obtaining the permission in writing from the Authority.
61. Permission for development
Any person or body (including a department of the State Government or any local authority) intending to carry out any development on any land situated in the notified Satellite City Development Area shall make an application in writing to the Authority for permission in such form and manner as may be prescribed.
62. Extension of validity of permission
- (1) Every permission for development granted by the Authority under this Act shall remain in force for a period of two years from the date of such permission.
- (2) The Authority may, on application made in this behalf before the expiry of the aforesaid period under sub-section (1), extend the period of validity of permission for development for such further period and in such manner as may be prescribed.
63. Sub-division of private land
- (1) Any person who intends to sub-divide any plot of land within a notified Satellite City Development Area shall give notice in writing to the Authority of his intention and such notice shall be accompanied by the plans and statements together with a development permission fee as may be prescribed.
- (2) All plans for sub-division of land situated within a notified Satellite City Development Area shall be in accordance with such standards as may be prescribed by the Authority and/or the State Government.
- (3) Upon receipt of a notice under sub-section (1), the Authority may either grant or refuse the approval to the plans or may approve them with such modifications as it may deem fit.
- (4) No person shall be allowed to construct a building on any plot of land situated within a notified Satellite City Development Area, the sub-division of which has not been previously approved by the Authority under this Section.
64. Layout not according to plan
In the event it is brought to the notice of the Authority at any stage that the layout or construction within a notified Satellite City Development Area has not proceeded in accordance with the sanctioned plans or is in violation of any provision of this Act, it shall serve a notice on the applicant requiring him to cease and desist from further execution until the deviation from the approved plans has been corrected by the applicant and duly certified by the Authority to be in accordance with the sanctioned plans in such manner as may be prescribed.
65. Prohibition of registration in certain cases
Where any deed or document required to be registered under the Registration Act 1908, as amended and made applicable to the State of Assam, purports to sub-divide any land or transfer of any land within a notified Satellite City Development Area, no registering officer shall register any such document unless the party presenting the deed or document for registration produces a No-Objection Certificate from the Authority to the effect that the Authority has No-Objection to the registration of such deed or document.
66. Power of revocation and modification of permission for development
- (1) If in the opinion of the Authority, it is expedient, having regard to the sanctioned master plans and/or development plans and/or development schemes notified or under preparation under this Act and for any other material consideration, that any permission for development of land situated within a notified Satellite City Development Area, granted under this Act or any other law, should be revoked or modified, the Authority may, by order revoke or modify the permission to such extent as appears to it to be necessary, subject to such rules and/or regulations as may be made in this behalf.
- (2) When permission is revoked or modified by an order made under sub-section (1), if the owner claims from the Authority within thirty
- (30) days from the date of revocation or modification, an amount for the expenditure incurred in carrying out the works after the grant of permission and in accordance with such permission, which has been rendered abortive by the revocation or modification under sub-section (1), the Authority shall, after giving the owner a reasonable opportunity of hearing by the Authority, assess and offer such amount to the owner as it thinks fit.
67. Penalty for violation
The Authority shall have power to impose fine on any person, firm or body corporate who violates, disobeys, refuses to comply with, or who resist the enforcement of any of the provisions of this Act. Continuation of the violation shall constitute a separate offence for which a fine of INR 1000/- (Rupees One Thousand only) per day may be imposed for each day after the first occurrence on which the violation continues.
68. Punishment for issue of development permission
If any officer or authority including the Appellate Authority or any agency under this Act issues permission for construction of building in contravention of the provision of this Act and the rules and byelaws made under this Act, he shall be liable to be punished with imprisonment for a term of six months along with a fine of rupees ten thousand only.
69. Penalty for unauthorised development
- (1) Any person who, whether at his own instance or at the instance of any other person, commences, undertakes or carries out development, or changes use of any land or building: —
- (a) in contravention of the provisions of the sanctioned master plans and/or development plans and/or development schemes and/or development regulations and byelaws of the Authority under this Act;
- (b) without permission as required under this Act;
- (c) in contravention of any condition subject to which such permission has been granted;
- (d) after the permission for development has been revoked under section 66; or
- (e) in contravention of the permission which has been modified under section 66; shall be punished under sub-section
- (3) herein below.
- (2) In case of any such breach or default, the Authority shall send to any such person a notice calling upon him to discontinue the breach or cause it to be discontinued or to comply with such provision of the sanctioned master plans and/or development plans and/or development schemes and/or development regulations and byelaws of the Authority under this Act within a period to be specified in the notice.
- (3) If after expiry of such period any such person under sub-section (1) continues to neglect or cause a breach of any specified provision, such persons shall be prosecuted and, on conviction by a Magistrate, be punishable by any or all of the following: —
- (i) With fine which may extend to five thousand rupees with or without simple imprisonment not exceeding a period of six months.
- (ii) If the breach, neglect or failure continues after such conviction with fine which may extend to two hundred and fifty rupees for every day during which the breach, neglect or failure continues after the first convictions.
70. Power to stop development
- (1) Where any development in any areas covered by a notified development scheme has been commenced in contravention of the sanctioned master plans and/or development plans and/or development schemes or without the permission, approval or sanction referred to in section 61 and sub-section (3) of section 63 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, the Authority may, in addition to any prosecution that may be instituted under this Act make an order requiring the development to be discontinued on and from the date of the service of the order and such order shall be complied with accordingly.
- (2) Where such development is not discontinued in compliance with the order under sub-section (1), the Authority may require any police officer not below the rank of Sub-Inspector of Police to remove the person by whom the development has been commenced including all his employees, agents, personnel and workmen from the place of development within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly.
- (3) After the requisition under sub-section (2) has been complied with, the Authority may depute by a written order a police officer or an officer or an employee of the Authority to keep a watch on the place to ensure that the development is not continued.
- (4) The provision of this section shall be in addition to and not in derogation of any other provision relating to stoppage of building operations contained in any other law for the time being in force.
71. Power for removal of unauthorized development
- (1) Where any development of land has been carried out as indicated in sub-section (1) of section 69, the Authority may, subject to the provisions of this section, serve on the owner a notice requiring him within such period, being not exceeding one month, as may be specified therein after the service of the notice, to take such steps as may be specified in the notice---
- (a) in cases specified in clause (a) or (b) or (d) of sub-section (1) of section 69 to restore the land to its condition existing before the said development took place;
- (b) in cases specified in clause (c) or (e) of sub-section (1) of section 69 to secure compliance with the conditions or with the permission as modified: Provided that where the notice requires the discontinuance of any use of land, the Authority shall serve a notice on the occupier also.
- (2) In particular, such notice may, for purposes of sub-section (1), require—
- (i) the demolition or alteration of any building or works, subject to the provisions of section 72;
- (ii) the carrying out on land of any building or other operations; or
- (iii) the discontinuance of any use of land.
72. Power of demolition
- (1) Where any development has been commenced or is being carried on or has been completed in contravention of sanctioned master plans and/or development plans and/or development schemes or without the permission, approval or sanction referred to in section 61 and sub-section (3) of section 63 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, the Authority may in addition to any prosecution that may be instituted under the Act, make an order directing that such development shall be removed by demolition, filling or otherwise by the owner, occupier, manager or by any person at whose instance the development has been commenced or is being carried out or has been completed.
- (2) The order issued by the Authority shall direct the removal of such development within such period not being less than five days and not more than thirty days from the date on which a copy of the order of removal with brief statement of the reasons thereof has been delivered to the owner, occupier and manager or the person at whose instance the development has been commenced or is being carried out or has been completed. Provided that no such order shall be made unless the owner, occupier, manager or the person concerned has been given a reasonable opportunity to show cause why the order shall not be made.
- (3) In the event of the failure on the part of the owner, occupier, manager or other person under notice under sub-section (2) above to comply with the order under sub-section (1) within the period specified in the notice, the Authority may remove or cause to be removed the development and the expenses of such removal shall be recovered from the owner, occupier manager or any person at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue.
- (4) The provisions of the section shall be in addition to and not in derogation of any other provision relating to demolition of building contained in any other law for the time being in force.
- (5) No compensation shall be claimed by any person for any damage which he may sustain in consequence of the removal of any development under this section or the discontinuance of the development under section 77 of this Act.
73. Power to seal unauthorised development
- (1) It shall be lawful for the Authority or the competent authority, as the case may be, at any time, before or after making an order for the removal or discontinuance of any development under section 70 or section 71, to make an order directing the sealing of such development in the manner prescribed by rules, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such development.
- (2) Where any development has been sealed, the Authority or the competent authority, as the case may be, may, for the purpose of removing or discontinuing such development order the seal to be removed, in such manner as may be prescribed by rules and/or regulations made in this behalf.
- (3) No person shall remove such seal except—
- (a) under an order made by the Authority or the competent authority under sub-section (2); or
- (b) under an order of the Appellate Authority made in an appeal under this Act.
74. Punishment for encroachment or obstruction upon public land
- (1) Whoever makes any encroachment in any land or space not being private property, whether such land or space belongs to or vests in the Authority or not, shall on conviction, be punished with simple imprisonment which shall not be less than one month but which may extend to two years and with fine which may extend to twenty thousand rupees.
- (2) Whoever makes any obstruction in any land or space not being private property, whether such land or space belongs to or vests in the Authority or not, shall on conviction, be punished with simple imprisonment which may extend to one month or with fine which may extend to two thousand rupees or with both.
- (3) Whoever not being duly authorised in that behalf removes earth, sand or other material from any land or space as aforesaid shall be punished on conviction with imprisonment which may extend to six months or with fine which may extend to ten thousand rupees or with both.
- (4) Whoever, being an employee of the Authority, specifically entrusted with the duty to stop or prevent the encroachment or obstruction punishable under this section, wilfully or knowingly neglects or deliberately omits to stop or prevent such encroachment or obstruction, shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees or with both: Provided that no court shall take cognizance against such employee for the offence punishable under this sub-section except with the previous sanction of the Authority.
- (5) No investigation of an offence under this section shall be made by an officer not below the rank of a Deputy Superintendent of Police.
75. Removal of encroachments and recovery of expenses
- (1) The Authority shall have the power to remove obstructions and encroachments upon public streets and open spaces situated within notified Satellite City Development Areas and upon properties vesting in the Government or the Authority and the expenses of such removal shall be paid by the person who had caused the said obstruction or encroachment in such manner as may be prescribed.
- (2) Notwithstanding anything contained in the foregoing provisions, the Authority or the officer authorised by it in this behalf shall, in addition to the action taken as provided in this section, also have power to seize or attach any property found on the land or space referred to in this section or, as the case may be, attached to such land or space or permanently fastened to anything attached to such land or space.
- (3) Where any property is seized or attached by an officer authorised by the Authority, he shall immediately make a report of such seizure or attachment to the Authority.
- (4) The Authority may make such orders as it thinks fit for the proper custody of the property seized or attached, pending the conclusion of confiscation proceedings, and if the property is subject to speedy and natural decay, or it is otherwise expedient to do so, the Authority may order it to be sold or otherwise disposed of in such manner as may be prescribed by rules and/or regulations made in this behalf.
- (5) Where any property is sold as aforesaid, the sale proceeds thereof after deduction of the expenses of any such sale or other incidental expenses relating thereto, shall,—
- (a) where no order of confiscation is ultimately passed by the Authority; or
- (b) where an order passed in appeal so requires, be paid to the owner thereof or the person from whom it is seized.
- (6) Where any property is seized or attached under sub-section (2), the Authority may order confiscation of such property.
- (7) No order for confiscation of a property shall be made under sub-section (6), unless the owner of such property or the person from whom it is seized or attached is given—
- (a) a notice in writing, informing him of the grounds on which it is proposed to confiscate the property;
- (b) an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and
- (c) a reasonable opportunity of being heard in the matter.
- (8) The order of any confiscation under this section shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.
- (9) Whenever any property is seized or attached pending confiscation under this section, the Authority or the Appellate Authority constituted under this Act shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any court, other tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such property.
76. Regulation of unauthorized use and obstruction of public places
- (1) The Authority shall have the power to regulate any and/or all activities occurring within notified Satellite City Development Areas as per the provisions of this Act and in such manner as may be prescribed by rules and/or regulations, on and from the date of notification of such Satellite City Development Area in the Official Gazette.
- (2) Where any person parks, stands, places, leaves, stores or causes any vehicle, goods, materials, articles or objects to remain in any public place without lawful authority or permission, or carries out vending, hawking, trading, advertising, littering, dumping of waste, encroachment, or any other activity in a public place without permission or in an unauthorised manner, the Authority may, without prejudice to any other action under applicable laws:
- (a) direct the immediate removal of such objects, goods, materials, articles and/or vehicles and/or direct the cessation of such activity;
- (b) remove or cause to be removed such vehicle, goods, materials, articles, structures or obstructions from such areas falling under a notified Satellite City Development Area;
- (c) recover the costs incurred for such removal from the person responsible; and
- (d) impose such penalties, fees, charges or other enforcement measures as may be prescribed by rules and/or regulations made in this behalf.
- (3) The Authority shall also have the power to seize any goods, materials, objects, equipment or articles used in connection with the unauthorised activity and take such further action as may be necessary to ensure the free, safe and orderly use and enjoyment of such public places and to prevent any and/or all obstruction, nuisance, inconvenience, environmental degradation or risks to public health and safety.
- (4) Any person who contravenes the provisions of sub-section (2) and/or fails to comply with an order under sub-section (3) shall be liable to be punished with a fine not exceeding Rs. 10,000/- (Rupees Ten Thousand only). In the case of a continuing contravention, such person shall be liable to pay additional fine not exceeding Rs. 2,000/- (Rupees Two Thousand only) for each day of violation till such time the violation ceases.
77. Offences by body corporate
- (1) If the person committing an offence under this Act is a company, every person who, at the time of offence was committed, was in-charge of, and was responsible to, the company for the conduct of its business as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent its commission.
- (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officers of the company, such director manager, secretary or other officers shall be liable to be proceeded against and punished accordingly.
- (3) The provisions of sub-section (1) and sub-section (2) shall apply in the case of offences committed by other body corporate, including but not limited to limited liability partnership firms, as may be recognized under law for the time being in force. Explanation. — For the purpose of this section—
- (a) ‘Company' means a body corporate and includes a firm or other association of individuals; and
- (b) 'director' in relation to a firm means a partner in the firm.
78. Cognizance of offences
No court shall take cognizance of any offence punishable under this Act or any rule or regulation or order made under this Act except upon a complaint in writing of the facts constituting such offence made by the Authority or by a person expressly authorised in this behalf by the Authority.
79. Fines to be paid to Authority
All fines realised in connection with prosecution under this Act shall be paid to the Authority.
80. Power of the Authority as to legal proceedings
The Authority may,—
- (a) institute, defend or withdraw from any legal proceeding;
- (b) compound any offence against this Act; and
- (c) admit, compromise or withdraw any claim made in any legal proceeding or otherwise:
81. Provided that no withdrawal from prosecution for an offence under this Act shall be made except with the permission of the court.
Delegation of powers
- (1) The State Government may, by notification in the Official Gazette, delegate to any officer subordinate to it all or any powers conferred on it by or under this Act, other than the power to make rules.
- (2) The Authority may, with prior approval of the State Government and by notification in the Official Gazette, direct that any power exercisable by it under this Act may also be exercised by any local authority or any officers of the State Government or any officer of the Authority as may be mentioned therein and subject to such conditions, if any, as may be specified therein.
82. Control by the State Government
The Authority shall exercise its powers and perform its duties under this Act in accordance with the direction given from time to time, by the State Government for development of Satellite City Development Areas.
83. Power to call for records
- (1) The State Government or any officer not below the rank of the Secretary to the Government authorised in this behalf by the or State Government may, for the purpose of being satisfied as to the correctness, legality or propriety of any order or resolution passed or purporting to have been passed , under this Act by the Authority or any committee or officer of it, call for the relevant record, and may in doing so, direct that pending the examination of such record, such order or resolution shall be kept in abeyance and no action in furtherance thereof shall be taken until such examination be the State Government or by the officer authorised in this behalf be the State Government and the passing of order under sub-section (2); Provided that no record relating to an order or a resolution shall be called for under this sub-section after the expiry of three years from the date of such order or resolution.
- (2) After examining the record, the State Government or the officer authorised as aforesaid may rescind, reverse or modify such order or resolution and the order of the State Government or the officer authorised as aforesaid shall be final and binding on the Authority and on its officers and committees.
84. Confidentiality and intellectual property right
- (1) The designs and drawings for execution of development projects of the Authority shall remain confidential unless otherwise required to be published by an order passed by a competent court of law.
- (2) All intellectual property rights arising out of any designs and drawings for projects commissioned by the Authority shall belong to the Authority unless otherwise provided by the terms of any agreement and/or contract to be entered into by the Authority and/or under the provisions of any other law for the time being in force.
85. Protection of acts done in good faith
No suit, prosecution or other legal proceeding shall lie against the Authority or any person or officer or employee authorized by the Authority to exercise any power under the Act or for anything which is done in good faith or intended to be done under this Act.
86. Officers under the Act to be public servants
Every member, officer and servants of the Authority and every other Officer employed by the State Government for the purpose of this Act, shall be deemed to be a public servant within the meaning of sub-section (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023. Central Act No. 45 of 2023
87. Power to make rules
- (1) The State Government may by notification make rules for the purpose of carrying out the purposes of this Act.
- (2) All rules made under this section shall be laid, as soon as may be after they are so made, before the State Legislature, while it is in session for a period of not less than fourteen days, which may comprise in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following, the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
88. Power to make regulations
- (1) The Authority may, from time to time, make regulations for all or any of the matters to be provided under this Act by regulations
- (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
- (a) the manner in which and the purposes for which the Authority may associate with itself.
- (b) the terms and conditions of service of the Officers and Employees of the Authority.
- (c) any other matter in respect of which provisions is to be, or may be, made by regulations.
89. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion requires, but not later than two years from the date on which the Authority is established, by order, do anything, not inconsistent with the objects and purposes of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty.
90. Act to have overriding effect
Notwithstanding anything inconsistent therewith contained in any other law for the time being in force, the provisions of this Act, shall prevail.
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