Bare ActsThe Guwahati Metropolitan Development Authority Act, 1985

Section 5

Amendment status not verified — confirm the current text below against the official source.

(1) The Guwahati Metropolitan D evelop­ ment A uthority shall consist of the following members, nam ely :— (a) The Chief M inister of the State of Assam shall be the Chairman ; (b) The M inister in charge of Town and Country Planning Department and the M inister in charge of M unicipal Administration Department of the State of Assam shall be the Deputy Chairmen : Provided that when there is no Council of Ministers in the State of Assam, the State Governm ent shall nominate such persons, as it m ay think fit, to be the three members as the Chairm an and Deputy Chairman respectively of the Guwahati M etropolitan Development A utho­ rity ; (c) One member “to be appointed by the State Governm ent as Vice-Chairm an : Provided that the State Governm ent may, appoint the Secretary to the M inicipal Adm ini- -- stration Department of the State Governm ent as Ex-Officio Vice-Chairm an of the Guwahati Metropolitan Development A uthority to run the administration of the A uthority ; (d) the Chief Executive Officer of the Guwa- hati Metropolitan Development Authority to be appointed by the State Govern­ ment, ex-officio ; (e) the Town Planner of the Authority (not below the rank of Associate Planner of the State Government) to be appointed by the State Government; (f) the Chief Engineer of the Authority (not below the rank of Superintending Engi­ neer of the Public Works Department of the State Government) to be appoited by the State Government; (g) the Financial Adviser and Chief Accounts Officer of the Authority (in the rank of Financial' Adviser of the State Govern­ ment) to be appointed by the State Government; (h) the Director of Town and Country Plan­ ning, Government of Assam; (i) the Deputy Commissioner, Kamrup District; (j) the Deputy Commissioner, Pragjyntish- pur District; (k) the Chief Engineer, Public Works Depart­ ment (Roads); (l) the Chief Engineer, Flood Control Department ; (m) the Chief Engineer, Public Health Engineering Department; (n) the Director, Municipal Administration Department ; (o) the Chief Executive Officer and Com­ missioner, Assam State Housing Board ; (p) the Commissioner, Guwahati Municipal' Corporation ; (q) the Chairman, North Guwahati Town Committee ; 895 THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 (r) one Councilor from the Guwahati Muni- ’ cipal Corporation to be nominated by the Guwahati Municipal Corporation; (s) one member from the Commerce and Industry (Private Sector) to be nomina­ ted by the State Government; (t) one member from the Railways to be nominated by the State Government; (u) three other members to be nominated by the State Government, of whom one shall be from the Planning and Develop­ ment Department, one from the Finance Department and one person with expe­ rience of Town Planning or Architecture. (2) The appointment of the vice-chairman may be either whole-time or part-time as the State Government may think fit, but the appointment of the Chief Execu­ tive Officer, the Town Planner of the Authority, the Chief Engineer of the Authority, and the Financial Adviser and Chief Accounts Officer of the Autho­ rity referred to in clause (d). clause (e), clause (f), and clause (g) shall be whole­ time. (3) The Vice-chairman shall be entrusted general administration of the Guwahati Metropolitan Development Authority as per provisions of this Act subject to the overall control and. supervision of the Chairman or Deputy Chairman, as the case may be, and shall discharge such functions and exercise such powers as may be delegated to him by the Chair­ man or Deputy Chairman, as the case may be and shall during the absence of the Chairman or Deputy Chairman, per­ form the functions and exercise the powers of the Chairman or the Deputy Chairman, as the case may be. 895 THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 (r) one Councilor from the Guwahati Muni- ’ cipal Corporation to be nominated by the Guwahati Municipal Corporation; (s) one member from the Commerce and Industry (Private Sector) to be nomina­ ted by the State Government; (t) one member from the Railways to be nominated by the State Government; (u) three other members to be nominated by the State Government, of whom one shall be from the Planning and Develop­ ment Department, one from the Finance Department and one person with expe­ rience of Town Planning or Architecture. (2) The appointment of the vice-chairman may be either whole-time or part-time as the State Government may think fit, but the appointment of the Chief Execu­ tive Officer, the Town Planner of the Authority, the Chief Engineer of the Authority, and the Financial Adviser and Chief Accounts Officer of the Autho­ rity referred to in clause (d). clause (e), clause (f), and clause (g) shall be whole­ time. (3) The Vice-chairman shall be entrusted general administration of the Guwahati Metropolitan Development Authority as per provisions of this Act subject to the overall control and. supervision of the Chairman or Deputy Chairman, as the case may be, and shall discharge such functions and exercise such powers as may be delegated to him by the Chair­ man or Deputy Chairman, as the case may be and shall during the absence of the Chairman or Deputy Chairman, per­ form the functions and exercise the powers of the Chairman or the Deputy Chairman, as the case may be. 896 THE ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 (4) The Vice-Chairman, if he is a whole­ time member and other members speci­ fied in clause (d), clause (e), clause (f) and clause (g) shall be entitled to receive from the funds of the Authority such salaries and such allowances as may be determined by the State Government in this behalf. (5) The Vice-Chairman, if he is a part-time member, may be paid from the funds of Authority such allowances as may be fixed by the State Government in this behalf. (6) The Vice-Chairman, the Chief Executive Officer, the Town Planner? the Chief Engineer, and the Financial Adviser and Chief Accounts Officer referred to in clause (c), clause (d), clause (e), clause (f) and clause (g) shall hold office during the pleasure of the State Government. (7) The members referred to in clauses (r) and (s) of sub-section (1) shall hold office for a term of three years from the date of their nomination by the State Govern­ ment and shall receive such allowances for attending meeting of the Guwahati Metropolitan Development Authority or any committee; thereof . as may be pres­ cribed: Provided that the member referred to in clause (r) of sub-section (1), on ceasing, to be a Councillor of the Guwahati Municipal Corpora­ tion, shall cease to hold office as such member notwithstanding that the said term of three .years has not expired and the vacancy shall be filled by the State Government by making a fresh nomination. (8) The State Government may, if it thinks fit, terminate the appointment of any nominated member before the expiry of his term of office. THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 89 7 (9) A nominated member of the Authority may resign his membership by giving notice m writing to the State Govern­ ment. He shah cease to be a member on acceptance of such resignation. (10) Any vacancy caused by resignation, death or otherwise of a nominated member shall be filled by fresh nomination by the State Government. (11) No act or proceeding of the Guwahati Metropolitan Development Authority shall be deemed to be invalid merely bv reason of any vacancy in, or defect, initial or subsequent, in,the constitution of that Authority. Function and6. (1) Subject to the provisions of this Act and UwAutho-i- r v-les made thereunder and any direction «v. ‘ which the State Government, may give from time to time, the functions of the Guwahati Metro-* politan Development Authority shall be tp pro­ mote and secure the development of the Guwa­ hati Metropolitan Area according to the Master Plan. (2) Without prejudice to the generality of the functions specified in sub-section (1), the Guwahati Metropolitan Develop­ ment Authority shall have the following powers and functions :—; (a) to carry out or cause to be carried ou surveys of the area and to prepare repoi or reports of such survey ; (b) to prepare Master Plan for the Guwahal Metropolitan Area ; (c) to enforce and execute the Master Pla for Guwahati Metropolitan Area : (d) to prepare and execute developmei 898 THE Meeting of the Guwa- lia ti Metro­ politan Dev­ elopment A ” 1 horirv. ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 (e) to co-ordinate development activities of all departments and agencies of the. State Government or local authorities opera­ ting within the Guwahati Metropolitan Area ; (f) to carry out or cause to be carried out of such works as are contemplated in the Master Plan ; (g) to acquire, hold and manage such pro­ perty both movable and immovable, as the Guwahati Metropolitan Development. Authority may deem necessary for the purposes of any of its activities and to lease, sell or otherwise transfer any pro­ perty held by it ; (h) to purchase by agreement or to take on. lease or under any form of tenancy, anv * land and to erect thereon such buildings or structure and to carry out such opera­ tions as may be necessary for the purpose of carrying on its undertakings ; A (i) to enter into or perform such contracts as may be necessary for the performance of its duties and for exercise of itspoweis under this A ct; Ci) to periorm anv other function which -s supplemental, incidental. or consequential to any of the functions aforesaid .r which ni;iv be prescribed.

Section 5 – The Guwahati Metropolitan Development Authority Act, 1985 | DailyLaw.ai