(1) As soon as may be after the commencement of this Act. the State Government shall by notification in the Official Gazette, constitute for the purposes of this Act, a Authority to be called "The Assam State Capital Region Development Authority"[ herein after referred to as "the llegion Development Authority" or "the Authority"}.
(2) The Authority shall be a body corporate, by the name aforesaid. having perpetual succession and a common seal with power, subject to the provisions of this Act. w contract and shall. by the said name. sue and to acquire hold and dispose the property, both movable and immovable and to contract and may sue or be sued by lts corporate name aforesaid.
(3) The Authority shall consist of such numbers, not exceeding twelve, as may be prescribed, and unless the rules made In this behalf otherwise provide, the Authority shall consist of the following members, namely:-
(i) The Chief Minister, Assam who sha11 be tbe Chairman;
(ti) The Finance Minister, Assam;
(iii) The Minister of Guwahati Development Department;
(Iv) The Minister of Urban Development Department;
( v) Vice Chairman of the Authority who is notified by the Government of Assam not below the rank of Commissi.oner & Secretary to the State Government;
(vi) Four (4) elected Members of Parliament/ Members of Legislative Assembly who shall be nomlnated by the Government and be members on a rotational basis;
(Vii) Two (2) members who shall be persons having knowledge and experience in town planning. to be nominated by the State Government;
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2017 4701
(viii) A full-time Secretary of the Authority who will act as Member Secretary:
Provided that no change shall be made in the composition of the Authority by rules except with the previous consent of the Government.
(4) The terms and conditions of office of the members nominated under clause (vi), clause (vii), of subsection (3) shall be 3 (three) years or such as may be prescribed.
(5) No Act or proceeding of the Authority or of any Committee or other body thereof sha11 be deemed to be invalid at any time merely on the ground that.- a) any of the members of the Authority or its Committee or body are not duly ele<:ted, nominated or appointed or for any other reason are not available to take office at the time of the constitution or any meeting of the Authority or of its Committee or body or there is any defect in the constitution thereof, or any person is a member in more than one capacity or there are one or more vacancies in the offices of any such member:
b) there is any Irregularity in the procedure of the Authority or such Committee or Body, affecting the merits of the matter under consideration.
(6) The Authority shall meet at least once in three months, in such place and at such time as the Chairman may decide and observe such rules of procedure in regard to the transaction ofbusiness at its meetings (including the quorum thereat) as may be laid down by regulations.
(7) The Authority may utilize the services of fo11owing institutions/organizations in discharging of preparation of plans and development of infrastructure:- ( a) Development Authorities constituted under the GMDA Act,1985 with amendments and Assam Town & Country Planning Act,1959 with amendments.
(b) Guwahati Municipal Corporation, other urban & rural local bodies and Authorities administrating 6th schedule areas falllng under Assam State Capital Region.
(c) Other Government and Semi-Government departments, as the case may be:
Provided that Authority may, by a resolution add any other institutions / organ\zations as the case may be, and delegate to them powers.
Composition -4.
of the
(1) The Authority shall as soon as may be, after the commencement of this Act.
-constitute a Committee, to be called the Executive Committee, for assisting the Authority in the dJscharge of its functions.
E~ocutive Cormnittcc.
(2) The Executive Committee shall consist of such members, not exceeding twelve, as may be prescribed and unless the rules made in this behalf otherwise provide. the Committee shall consist of the following members, namely:- 4702 THE ASS/u\1 GAZETTE, EXTRAORDfNARY, OCTOBER 30. 2017 Powertoco opt.~.
Vacancies, et(.
not to lnvalld<lte proceedings of the Authority or the Committee Fuoctlons of the Autborit;f
(i) Vice-ChaJnnan of the Authority shall be the Chairman of the Executive Committee:
(ii) Senior most Secretary or not less than Commissioner & Secretary, Urban Development Department;
(iii) Senior most Secretary or not less than Commissioner & Secretary, Guwabati Development Department;
(iv) Senior most Secretary or not less than Commissioner & Secretary, Finance Department;
(v) Senior most Secretary or not less than Commissioner & Secretary, Revenue & Disaster Management Department;
(v1) Commissioner ofPWD of Roads and BuUding;
(vii) Deputy Commissioner of all Districts falling within the State Capital Region;
(viii) Member Secretary of the Authority shall act as member secretary of the Executive Committee:
(ix) One member who is expert in the field of urban planning and development to be appointed by the Government.
(3) The Executive Committee shall meet at such place and at such time as may be determlned by its Chairman, and shall observe such rules of procedure as tt may determine or frame In this regard.
S. (1) The Authority or the Committee may, at any time and for such period as it thinks fit, co-opt any person or persons as a member or members of the Authority or of the Commtttee.
(2) A pID"Son co-opted under sub-section 5(1) shall exercise and discharge all the powers and functions of a member of the Authority or of the Committee, as the case may be, but shaU not be entitled to vote.
6. No act or proceeding of the Authority or of the Committee shall be lnvalid merely by reason of,-
(a) the existence of any vacancy in or any defect in the constitution of the Authority or the Committee; or
(b) any irregularity in the pre>cedure of the Authority or of the Committee not affetting the merits of the case.
CHAPTERJll FUNCTION AND POWERS OF THE AUTHORITY AND OF THE COMMITTEE
7. The main object of the Authority shall be to secure the development of the State Capital Region according to the Regional Plan, and for that purpose the functions of the Authority shall. -
(a) prepare the Regional Plan for the area under State Capital Region;
Pawers of the Authority Functio11S of the Committee TIJE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2017 4703
(b) co·ordinate the preparation of Functional Plans, Sub· Regional Plans, Development Schemes and Project Plans by concerned Development Authority, Corporation, local bodies, Panchayat and various Government Departments;
(c) to arrange for, and oversee, the financing of selected development projects in the State Capital Region through Government fund and other sources ofrevenue;and ( d) review of Phys teal. Financial and Economical Plan in respect of the Authortty.
8. The powers of the Authority shall include the powers to, -
(a) seek information from the development Authorities and local bodies and Department of Government within State Capital Region with regard to preparation and implementation of Functional Plans and Sub·Regional Plans;
(b) indicate the stages for the implementation of the Regional Plan;
(c) review the Implementation of the Regional Plan, Functional Plan, Development Schemes and Project Plan;
(d) select and approve comprehensive projects, call for priority development and provide such assistance for the implementation of those projects as the Authority may deem fit;
(e) select, in consultation with the State Government, any urban area, outside the State Capital Region having regard to it's location, population and potential for growth which may be developed as a counter-magnet in order to achieve the objectives of the Regional Plan; and (f} entrust to the Executive Committee such other functions as it may consider necessary to carry out the prov1sions of this Act.