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State of Assam - Section

Section 13 in Assam Town and Country Planning Act, 1959

13. Restrictions of use of land and buildings thereon after publication.

(1)The plan as adopted by the State Government shall be published as prescribed in Section 10, and after such publication no person shall use any land, sub-divide any land or set up any new structure on any land covered by the Plan or change the existing structure of any building or use of any building or land within the area except with the permission of the Authority on a written application submitted for that purpose.
(2)Each such application shall be accompanied by a plan drawn to scale showing the actual dimension of the parcel of the land and the building to be built upon it, the site and the position of the building to be erected and in case of alteration in the use or structure of the building or land, the nature and extent of such alteration.
(3)The Authority may also call for such other information as it may deem necessary to examine the application.
(4)The Authority shall not refuse the permission except on the ground of contravention of proposal contained in the Plan or the Regulations and unless the permission has been refused within a period one month from receipt of the application or such other information as may be called for by the Authority under sub-section (3), it shall be presumed that the permission has been given.
(5)[ Notwithstanding anything contained in sub-sections (1) to (4) of this section, the subject matter covered under this section shall not be applicable in respect of the residents inhabiting the areas notified as a Municipality or a Town Committee under the provisions of the Assam Municipal Act, 1956 (Assam Act No. XV of 1957) All such matters relating to the said areas shall be dealt with under section 171 of the said Act.] [Inserted by Section 2 of Assam Act No. 17 of 2012.]