Assam Town and Country Planning Act, 1959

{
    "id": 15104,
    "slug": "assam-town-and-country-planning-act-1959",
    "title": "Assam Town and Country Planning Act, 1959",
    "short_title": "Assam Town and Country Planning Act, 1959",
    "act_number": "",
    "act_year": 1959,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Assam Town and Country Planning Act, 1959",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(1) \"Authority\" shall mean the Local or Regional Authority appointed by the State Government for the purpose of administering the Act. Unless otherwise appointed by the State Government, the Authority in the case of Municipal Areas shall be taken to mean the Municipal Board for the area constituted under the Assam Municipal Act, 1956 (Assam Act XV of 1957).\n(2) \"Advisory Council\" means the Town and Country Planning Advisory Council constituted under section 3 of this Act.\n(3) \"Betterment Fee\" means the fee prescribed in respect of an increase in the value of land resulting from the execution of a Development Scheme.\n(4) \"Building\" means any construction for whatsoever purpose and of whatsoever materials constructed and every part thereof, whether used as human habitation or not and includes plinth walls, chimney, drainage works, fixed platforms, verandah, balcony, cornice or projection, or part of a building on anything affixed thereto or walls, earth bank, fence or other construction enclosing or delimiting or intended to enclose or delimit any and or space.\n(5) \"Building Industrial\" means a building which is wholly or predominantly used as a warehouse, factory, distillery iron foundry and all other buildings put to or be put to any use permitted in the zone by an authorised scheme applicable thereto.\n(6) \"Director\" means Director of Town and Country Planning or any other officer appointed by the State Government.\n(7) \"Development\" means the carrying out of buildings, engineering, mining or other operations in on or over the land, or making of any material change in the use of any buildings or of land:\n(a) the carrying out of works for the maintenance, improvement or other alteration of any buildings being works which affect only the interior of the building or which do not materially affect the use and the external appearance of the building;\n(b) the carrying out by a local authority of any works required for the maintenance or improvement of road being works carried out on land within the boundaries of the road;\n(c) the carrying out by any local authority any works for the purposes of inspecting, repairing or renewing any sewers, main pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;\n(d) the use of any building or other land within the curtilage of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as such.\n(8) \"Factory\" means a place to which the provisions of the Indian Factories Act of 1934 or any amendment thereof shall apply.\n(9) \"Industrial Concern\" means a commercial body e.g. a factory, workshop and a mill or any concern of similar nature where materials are manufactured repaired altered or processed.\n(10) \"Master Plan\" means a plan as defined under section 9 and shall comprise of items (a) to (e) of section 11.\n(11) \"Occupier\" includes any person paying or liable to pay the rent or any portion of the rent of the land or building in respect of which the work is due or compensation or premium on account of the occupation of such land and building and also a rent free tenant.\n(12) \"Open space\" means any land whether enclosed or not on which not more than one-twentieth part is covered with buildings and whole of the remainder has been laid out as a public garden or used for purposes of recreation or lies waste and unoccupied.\n(13) \"Prescribed\" means prescribed by rules made under this Act.\n(14) \"Reconstituted plot\" means a plot which is in any way altered by the making of a Development Scheme.\n(15) \"Road\" means and includes any highway, street, lane, pathway, alley, passageway, carriageway, footway, square, bridge, whether private or public, whether thoroughfare or not, whether existing or proposed in any scheme and includes all bunds, channels, ditches, drains, culverts, side walks and traffic islands.\n(16) \"Scheme\" means a development scheme and includes a plan or plans together with the descriptive matter if any relating to such a scheme.\nChapter II\nConstitution of the Advisory Council",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Constitution of the Town and Country Planning Advisory Council.",
            "chapter": null,
            "content": "(i\n\t\t\t\t)Minister-in-charge of Town and  Country Planning.\n...\nChairman\n(ii) Director of the Town and Country Planning\n\t\t\t\tDepartment.\n...\nSecretary\n(iii) Secretary, Town and Country Planning\n\t\t\t\tDepartment.\n...\nMember\n(iv) Chief Engineer, Public Works Department.\n\t\t\t\t(R. and B.) or his nominee.\n...\nMember\n(v) Chief Engineer, Public Works Department.\n\t\t\t\t(Flood Control) or his nominee\n...\nMember\n(vi) Public Health Engineer or his  nominee.\n...\nMember\n(vii) Secretary, Local Self-Government  or his\n\t\t\t\tnominee.\n...\nMember\n(viii) Secretary, Finance Department or  his\n\t\t\t\tnominee.\n...\nMember\n(ix) Secretary, Revenue Department  or his\n\t\t\t\tnominee.\n...\nMember\n(x) Six other non-official members half of whom\n\t\t\t\tshall be elected by the Assembly and the rest shall be nominated\n\t\t\t\tby the State Government.\n...\nMember\n(xi) Such member of representatives of Local Authorities falling within the area as may Be covered by the Master Plan not exceeding two as may be co-opted by the Council by notification, Published in the official Gazette.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Registration of non-official members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Term of office.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Commencement of the term of office of non-official members.",
            "chapter": null,
            "content": "(2) A person ceasing to be member by reason of the expiry of his term of office as described in section 5, shall be eligible for re-nomination or re-election.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Removal of non-official members.",
            "chapter": null,
            "content": "(a) refuses to act, or becomes incapable of acting or absents himself from three consecutive meetings of the Council and is unable to explain such absence to the satisfaction of the Council; or\n(b) has to flagrantly abused in any manner his position as a member of the Council as to render his continuance detrimental to the public interest:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Filling of casual vacancies.",
            "chapter": null,
            "content": "Chapter IIA\nConstitution of the Development Authority",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "8A",
            "title": "8A. Constitution of the Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "8B",
            "title": "8B. Composition of the Authority.",
            "chapter": null,
            "content": "(a) A Chairman to be appointed by the State Government;\n(b) Engineer- in- chief of the Authority to be appointed by the State Government;\n(c) Town Planning Officer of the Authority to be appointed by the State Government;\n(d) Finance Officer to be appointed by the State Government;\n(e) Deputy Commissioner of the Sub divisional Officer, as the case may be;\n(f) Chairman or Chairmen of the local Authority or authorities covered by the Master Plan;\n(g) One member representing Commerce and Industry (Private Sector) to be nominated by the State Government;\n(h) One member representing the Railways, to be nominated by the State Government;\n(i) One member representing Industry (Public Sector) to be nominated by the State Government;\n(j) One person each from the local authorities covered by the Master Plan to be elected by the members at a meeting from amongst them.\n(2) Notification of members.\n(3) Disqualification for election or appointment as member.\n(a) has been convicted of any offence involving moral turpitude;\n(b) is an applicant to be adjudicated as a bankrupt or insolvent or is an un-certificated bankrupt or undischarged insolvent;\n(c) holds any office of profit under the Authority except those mentioned in clause (a),(b),(c) and (d) of sub-section (1);\n(d) has directly or indirectly, by himself or by any partner, any share or interest, in any contract or employment with by, or on behalf of, the Authority; or\n(e) is a Director, or a Secretary, Manager or other salaried Officer of any incorporated company which has any share or interest in any contract or employment, with, by, or on behalf of the Authority.\n(4)Removal of members.\n(a) refuses to act or becomes incapable of acting or absents himself from three consecutive meetings of the Authority and is unable to explain such absence to the satisfaction of the Authority;\n(b) has so flagrantly abused in any manner his position as a member of the Authority as to render his continuance detrimental to the public interest;\n(c) ceases to be a member of the local authority from which he was elected;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "8C",
            "title": "8C. Term of office and conditions of service of the Chairman and members of the Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "8D",
            "title": "8D. Functions and powers of the Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "8E",
            "title": "8E. Meeting of the Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "8EE",
            "title": "8EE. Power of Chairman.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "8F",
            "title": "8F. Temporary association of persons with the Authority for particular purposes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "8G",
            "title": "8G. Staff of the Authority.",
            "chapter": null,
            "content": "Chapter III\nMaster Plan",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "9",
            "title": "9. Preparation of Master Plan.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "10",
            "title": "10. Publication of the Master Plan.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "11",
            "title": "11. Contents of Master Plan and Zoning Regulations.",
            "chapter": null,
            "content": "(a) A general land-use plan for residential, commercial, industrial, recreational and public and semi-public purposes;\n(b) Zoning plan;\n(c) Transportation plan including roads, railways, canals etc.;\n(d) Public utilities plan;\n(e) A report giving relevant data and information in respect of the proposals in the Plan and any other things which the State Government may deem necessary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "12",
            "title": "12. Implementation of the Plan.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "13",
            "title": "13. Restrictions of use of land and buildings thereon after publication.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "13A",
            "title": "13A. Prohibitions of registration in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "14",
            "title": "14. Power of the State Government to modify the Plan and the Zoning Regulation.",
            "chapter": null,
            "content": "Chapter IV\nDevelopment Scheme",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "15",
            "title": "15. Preparation of development Scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "16",
            "title": "16. Publication of the Development Scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "17",
            "title": "17. Implementation of the Development Scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "18",
            "title": "18. Scope of the Development Scheme.",
            "chapter": null,
            "content": "(a) in the course of development,\n(b) likely to be used for building purposes, or\n(c) already built upon\n(a) the laying out or re-laying out of land either vacant or already built upon;\n(b) the filling up or reclamation of low-lying swamp or unhealthy areas or levelling up of land;\n(c) lay out of new streets or roads, construction, diversion, extension, alteration, improvement and stopping up of streets, road and communications;\n(d) the construction alteration and removal of buildings , bridges and other structure;\n(e) the allotment of reservation of land for roads, open spaces, garlans, recreation, grounds, schools, markets, industrial and commercial activities, green belts and dairies transport facilities and public purposes of 11 kinds;\n(f) drainage inclusive of sewarage, surface or sub-soil drainage and sewage disposal;\n(g) lighting;\n(h) water supply;\n(i) the preservation of objects of historical importance or natural beauty and of buildings actually used for religious purpose;\n(j) the imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the number, height and character of buildings allowed in specified areas, the purposes to which buildings or specified areas may be or may not be appropriate, the subdivision of plots, the discontinuance of objectionable uses of land in any area of reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs;\n(k) the suspension, so far as may be necessary for the proper carrying out of the scheme, of any rule, bye-law, regulation, notification or order made or issued under any Act of the State Legislature or any of the Acts which the State Legislature is competent to amend;\n(l) such other matter not inconsistent with the objects of this Act.\n(a) the area, ownership and tenure of each original plot;\n(b) the land allotted or reserved under clause (e) of sub-section (2) of section 18 with a general indication of the uses to which such land is to be put and the terms and conditions subjects to which such land is to be put to such cases;\n(c) the extent to which it is proposed to alter the boundaries of original plots;\n(d) an estimate of the net cost of the scheme;\n(e) a full description of all details of the scheme under such clause of sub-section (2) of section 18, as may be applicable;\n(f) the laying out or re-laying out of land either vacant or already built upon;\n(g) the filling up or reclamation of low-laying swamp or unhealthy areas or levelling up of land; and\n(h) any other prescribed particulars.\n(a) to form a reconstituted plot by the alteration of the boundaries of an original plot;\n(b) to provide with the consent of the owners that two or more original plots each of which is held in one ownership in severalty or in joint ownership, shall hereafter, with or without alteration of boundaries be held in ownership in common as a reconstituted plot.\n(a) the laying out or re-laying out of land, either vacant or already built upon;\n(b) the filling up or reclamation of low-lying swamp or unhealthy areas or levelling up of land;\n(c) lay out of new streets or roads, construction, diversion, extension, alteration, improvement and stopping up of streets, roads and communications;\n(d) the construction, alteration and removal of building, brides and other structures;\n(e) the allotment of reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets, industrial and commercial activities, green belts and dairies, transport facilities and public purposes of all other kinds;\n(f) drainage inclusive of sewerage, surface or sub soil drainage and sewage disposal;\n(g) lighting;\n(h) water supply;\n(i) the preservation of objects of historical importance or natural beauty and of buildings actually used for religious purposes.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "19",
            "title": "19. Amendments and alterations of the Development Scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "20",
            "title": "20. Power to revoke the Development Scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "21",
            "title": "21. Power of the Authority to impose restriction.",
            "chapter": null,
            "content": "Chapter V\nStreets and Land Subdivisions\n[22. Power of the State Government to make rules prescribing die width etc. of public streets.\n(i) land sub-division and layout of public street;\n(ii) street lanes and setting back of buildings from the regular line Of the street.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "23",
            "title": "23. Power to prescribe Street lines.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "24",
            "title": "24. Setting back buildings to the prescribed street line.",
            "chapter": null,
            "content": "(a) to re-build such building or to take down such building,\n(b) to remove, reconstruct or make any addition to or structural alteration in any portion of such building which is within the regular line of the street.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "25",
            "title": "25. Acquisition of land within the line of street.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "26",
            "title": "26. Acquisition of the remaining part of building and land after their portions within a prescribed line of the street are acquired.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "27",
            "title": "27. Subdivision of private land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "28",
            "title": "28. Plans accompanying notice.",
            "chapter": null,
            "content": "(a) The location of the land ,\n(b) The boundaries of the proposed land shown on the map, and sufficient description to define the same,\n(c) Name and address of the owner of the land,\n(d) Location, name and present widths of the adjacent roads and lanes,\n(e) The major physical characteristics of the land proposed to be sub-divided, including topography, the approximate location and width of any water course and location of any areas subject to inundation or flood,\n(f) The complete layout of the proposed subdivision showing the location and widths of all the proposed streets, dimensions and uses of all the plots,\n(g) The locations of all drains, sewers and other utilities,\n(h) Building lines permissible.\n(i) Scale and north line,\n(j) Key plan.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "29",
            "title": "29. Sanction with or without modification or refusal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "30",
            "title": "30. Layout not according to plan.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "31",
            "title": "31. Penalty for violation.",
            "chapter": null,
            "content": "chapter VI\nAcquisition of Land",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "32",
            "title": "32. Power of the State Government to acquire land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "33",
            "title": "33. Proceeding for acquisition of land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "34",
            "title": "34. Disposing of land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "35",
            "title": "35. Provisions of private negotiation before compulsory acquisition.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "36",
            "title": "36. Payment to owner by adjustment.",
            "chapter": null,
            "content": "Chapter VII\nCompensation and Betterment",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "37",
            "title": "37. Right to compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "38",
            "title": "38. No right to compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "39",
            "title": "39. Power of Government to exclude compensation in certain cases.",
            "chapter": null,
            "content": "(a) prescribes the space about buildings; or\n(b) limits the number of buildings; or\n(c) regulates the size, height, design or external appearance of buildings; or\n(d) prohibits or restricts buildings operations permanently or temporarily on the ground that erection of buildings thereon will be likely to be injurious to the health of the occupants or the neighbours or likely to cause excessive expenditure of public money in making provisions for roads, sewers, water supply or other public services; or\n(e) prohibits or restricts the use of land or a building for a purpose which may involve danger or injury to public hygiene or the health of the occupants or their neighbours or for a purpose which is against the public policy or public morals; or\n(f) in the interest of safety, regulates the height and position of proposed walls, and building fences or hedges near the corners or bends of roads; or\n(g) in the case of the erection of any building intended to be used for purposes of business or industry, requires the provisions of parking the vehicles.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "40",
            "title": "40. Right of owner to require Authority to acquire or purchase land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "41",
            "title": "41. Levy of betterment fee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "42",
            "title": "42. Appeal.",
            "chapter": null,
            "content": "Chapter VIII\nAppeals and the Appellate Authority",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "43",
            "title": "43. Appointment of Appellate Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "44",
            "title": "44. Duties of the Appellate Authority.",
            "chapter": null,
            "content": "(a) to hear and decide appeals against the orders of the Authority.\n(b) to decide and hear appeals in respect of such other matters and exercise such other powers as may be entrusted to and conferred upon it by the State Government in accordance with the provisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "45",
            "title": "45. Procedure of working of the Appellate Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "46",
            "title": "46. Right to appear by recognised agent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "47",
            "title": "47. Protection of action taken under this Act.",
            "chapter": null,
            "content": "Chapter IX\nFinance",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "48",
            "title": "48. Development Fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "49",
            "title": "49. Powers to borrow.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "50",
            "title": "50. Grants, advances and loans.",
            "chapter": null,
            "content": "Chapter X\nLegal Proceedings",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "51",
            "title": "51. Penalty for breach of the provisions of the Master Plan or scheme.",
            "chapter": null,
            "content": "(i) with fine which may extend to Rs.500 with or without simple imprisonment not exceeding a period of 2 months;\n(ii) if the breach, neglect or failure continues after such conviction with fine which may extend to Rs.30 for every day during which the breach, neglect or failure continues after such conviction.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "52",
            "title": "52. Power to execute works on failure to comply with notice.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "53",
            "title": "53. Right of occupier to execute works in default of owner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "54",
            "title": "54. Procedure upon opposition to execution by occupier.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "55",
            "title": "55. Recovery of cost of work by the occupier.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "56",
            "title": "56. Penalty for obstructing contractor or removing mark.",
            "chapter": null,
            "content": "(a) obstructs or assaults any person with whom the authority has entered into a contract for the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act; or\n(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act, shall be punishable with fine which may extend to Rs.500 or with or without simple imprisonment for a term which may extend to two months.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "57",
            "title": "57. Officers under the Act to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "58",
            "title": "58. Authority for prosecution.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "59",
            "title": "59. Power of Authority to institute proceedings, etc., and to take legal advice.",
            "chapter": null,
            "content": "(a) institute, defend or withdraw from legal proceedings under this Act;\n(b) compound any offence against this Act, before the matter is referred to the court ;\n(c) admit compromise, or withdraw any claim made under this Act and\n(d) obtain such legal advice and assistance as it may from time to time think necessary or expedient to obtain for any of the purposes, referred to in the foregoing clauses of this section for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the Authority or any officer or servant or the Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "59A",
            "title": "59A. Power to recover dues as an arrear of land revenue.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "60",
            "title": "60. Bar to suits and prosecutions in certain cases.",
            "chapter": null,
            "content": "(a) unless the previous sanction of the State Government has been obtained; and\n(b) until the expiration of two months after notice in writing has been given to the person to be used, clearly stating the cause of action, and the nature of relief sought, etc.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "61",
            "title": "61. Punishment for malicious abuse of powers.",
            "chapter": null,
            "content": "(a) unless the previous sanction of the State Government has been obtained ;\n(b) until the expiry of two months notice in writing has been given to the person concerned clearly stating the cause of action and the nature of relief sought, etc.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "62",
            "title": "62. Registration of documents plans, or maps in connection with scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "63",
            "title": "63. Orders under the Act not to be questioned in any Court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "64",
            "title": "64. Effect of orders inconsistent with other enactments.",
            "chapter": null,
            "content": "Chapter XI\nMiscellaneous Provisions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "65",
            "title": "65. Service of notice.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "66",
            "title": "66. Method of giving public notice.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "67",
            "title": "67. Formal defects in assessments and demands.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        },
        {
            "number": "68",
            "title": "68. Power and duties of police in respect of offences and assistance to Authorities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 76
        },
        {
            "number": "69",
            "title": "69. Decision of disputes between Authorities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 77
        },
        {
            "number": "70",
            "title": "70. Powers to enter into land for inspection, etc.",
            "chapter": null,
            "content": "(a) to make any inspection, survey, measure valuation or enquiry;\n(b) to take levels;\n(c) to dig or bore into the sub-soil;\n(d) to set out boundaries and intended lines of works;\n(e) to mark levels, boundaries and lines by marks and cutting trenches; or\n(f) to do any other thing, whenever it is necessary to do so, for any of the purposes of this Act or any rule made or scheme sanctioned hereunder or any scheme which the authority intends to frame hereunder :\n(a) except when it is otherwise specially provided by a rule no such entry shall be made between sunset and sunrise;\n(b) except when it is otherwise specially provided by the rules, no building which is used as a human dwelling shall be so entered unless with the consent of the occupier thereof; without giving, the said occupier at least 24 hours previous notice in writing of the intention to make such entry;\n(c) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 78
        },
        {
            "number": "71",
            "title": "71. Mode of proof of the records of the Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 79
        },
        {
            "number": "72",
            "title": "72. Power of Authority to make agreements.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "73",
            "title": "73. Powers of the State Government to make rules.",
            "chapter": null,
            "content": "(i) The manner of publication of the notification regarding scheme, their modifications, variations, revocations, submission and sanction by the State government.\n(ii) Powers that may be delegated to any Authority established under this Act or to any officer.\n(iii) Procedure to be adopted for securing co¬operation of various Government Departments, the owners or other persons or bodies interested in schemes.\n(iv) All matters pertaining to land acquisition including procedure and making of award, compensation and the possession of land by Authority in ordinary and emergent cases.\n(v) Calculation, assessment and payment of compensation in respect of property which is injuriously affected within the meaning assigned to it in section 37 of this Act.\n(vi) Calculation, assessment and collection of betterment contribution.\n(vii) Procedure of filling, hearing and deciding objections and appeals under the Act and all matters connected therewith.\n(viii) The delegation of powers to and the duties that shall be discharged by the Director and the matters on which and the manner in which he shall be consulted.\n(ix) Matters other than those referred to in foregoing clauses which are expressly or by implication requires or allowed by this Act to be prescribed by rules.\n(x) Creation and administration of fund for the purpose of implementing the provisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 81
        },
        {
            "number": "74",
            "title": "74. Power of the Authority to make bye-laws.",
            "chapter": null,
            "content": "[(i) zoning regulations prescribing the type or description of building which may or may not be, and the purpose for which a building may or may not be created, in any prescribed area or areas,\n(ii) regulation and display of advertisement in the interest of amenity, aesthetic, or public safety.\n(iii) regulations in any manner not specifically provided for in this Act, the erection of any enclosure, wall, fence, tent or other structure on any land within the limits of the authority.\n(iv) time and place and transaction of business of the meetings of the Authority.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 82
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 13th February, 2020 [ass367]",
        "Act Number": "",
        "Enactment Date": "",
        "Act Year": "1959",
        "Short Title": "Assam Town and Country Planning Act, 1959",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:19"
}