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State of Assam - Section

Section 3 in Assam State Capital Region Development Authority Act, 2017

3. Constitution and incorporation of the Authority.

(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 Region 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, to 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 its 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 shall be the Chairman;
(ii)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 Commissioner & Secretary to the State Government;
(vi)Four (4) elected Members of Parliament/ Members of Legislative Assembly who shall be nominated 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;
(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 shall 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 elected, 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 of business at its meetings (including the quorum thereat) as may he laid down by regulations.
(7)The Authority may utilize the services of following 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 falling 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/organizations as the case may be, and delegate to them powers.