Bare ActsThe Assam Town and Country Planning (Amendment) Act,1985

Section 8

In the principal Act, after Section 30, the follow- new Sections shall be added, namely:—

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

In the principal Act, after Section 30, the follow- new Sections shall be added, namely:— . ,C-' *fPowy 30.A (1) Where any development in any area has been menuCVe ^commenced in contravention of the Master Plan or Development Scheme or without the permission, approval or sanction referred to in Section 29 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 -hat mav 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 assistants 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. v I THE ASSAM GAZETTE. EXTRAORDINARY, MAY 3, 1985 289 (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 or the Authority to keep that the development is a watch on the place to ensure not continued. % (4) The provisions of this Section shall be in addition to and not in derogation of, any other provisions relating to stoppage of building operations contained in any other law for the time being in force. of Power demolition of building. SOB. (I) Where any development has been commenced or is being carried on or has been completed in contraven- ' tion of the Master Plan or Development Scheme or with­ out the permission, approval or sanction referred to in Section 29 of this Act or in contravention of any conditions subject to which such permission, approval or sanction has been granted, the Authority may, in addition to any pro­ secution that mav be instituted under this Act make an order directing that such development shall be removed by demolition, filling or otherwise by the owner, occupier, manager or bv any person at whose instance the develop­ ment has been commenced or is being carried out or has been completed withih such period not being less than five days and 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 develop­ ment has been commenced or is being carried out or has been completed as may be specified in the order and on his fadure to comply with the order, 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 co; mleted as arrears of land revenue nrovided that no such order shall be made unless the owner, occupier, manager or the person concerned has been given a msona- ble opportunity to show cause why the order shall not be made. r ’ (2) The provisions of this Section shall be in addition to and not in derogation of any other provision relating to demolition of buildings contained in any other law for the time being in force. (3) No compensation shall be claimed bv any person for nrjy Hamave which he may sustain in consequence of the removal of any development under this Section or the discontinuance of the d eve1 oom ent ■ under Section 30A of tills Act.” 290 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 3, 1985 insertion of 9 j n the principal Act, after Section 50, the following 5oX,S 5UB°n S n e w S e c tio n s shall be inserted, namely: — and 50Gin Assam Act II of 1960. “ Levy of 50A (1) For the purpose of providing and main- fees* taining any amenity, the Development Authority may levy such fees as it may consider necessary which shall be in addition to any fee for the time being leviable under this Act or any other law in force, in respect of any site or building on the transferee or occupier thereof. (2) Where any transferee or occupier makes any default in the payment of any fee levied under sub-sec­ tion (1), the Authority may direct that in addition to the amount of the arrears, a sum not exceeding that amount shall be recovered from the transferee or occupier, as the case may be, by way of penalty. (3) In case of any default in payment of an amount payable under this Act the outstanding amount in default together with any sum, if any, directed to be paid by way of penalty under sub-section (2} may be recovered from the transferee or occupier as the case may be, in the same manner as arrear of land revenue. Resumption

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