The Statue Of Unity Area Development and Tourism Governance Act, 2019.

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EXTRAORDINARY
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PART TV
Acts of Gujarat Legislature and ordinances promulgated and Regulations
made by the Governor.
_ The following.Act of the Gujarat Legislature, having been assented to by the
Governor on the 19ft Decemb er,2019 is hereby published for general information.
IC M. LALA,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO. 33 OF 2019.
(First published, after having received the assent of the Governor, in
the "Gujarat Government Gazette,,, on the 20ft Deeember,2019).
AI\t ACT
to provide for development of the area and management of Tourism in
and around the Statue of Unity at Kevadia in the State of Gujarat by
providing necessary civic infrastricture through effective planning,
administration, and the matters connected therewith and incidental
thereto.
It is hereby enacted in the seventieth Year of the Republic of India
as follows: -
CHAPTER I
PRELIMINARY
l. (1) This Act may be called the Statue Of Unity Area shorttige,extent
Development and Tourism Governance Act, 2019" and
(2) It shall extend to the Tourism development area as declared 
commencement'
under section 3"
(3) It shall come into force on such date as the State Govemment
may, bynotification in the Official Gazette, appoint"
{rdFrr wkl
IV Ex"34 34-1
34-2
Definitions.
President's Act
No. 27 of 1976.
President's Act
No.27 of 1976.
President's Act
No. 27 of 1976.
Presidentos Act
No" 27 of 1976.
Guj.34 ofl964.
Guj" 18 of1993.
GUJARAT GOVERNMENT GAZETTE, EX. 2O-12-2OI} I PART IV
2. In this Act, unless the context otherwise requires-
(a) "amenities" means basic and essential services including but not
limited to roads, bridges, bypasses and underpasses, drainage,
water supply, power supply and electrical installations, collection-
treatment- discharge and disposal of institutional and township
waste, health, education, transport, disaster management, parks,
green areas, gas pipeline, entertainment, hospitality, recreation,
industry, townships and institutional areas and other facilities of
conveniences and such other services as the souADTG Authoritv
may specify;
(b) "building operations" shall have the same meaning as is assigned
to it under elause (vi) of section 2 of the Gujarat Town planning
and Urban Development Act,I976;
(c) "developer" means a person or entity with whom a concession
agreement is entered into or a project has been awarded and for
which such other agreement is entered into for furtherance of the
objectives ofthis Act;
(0 "development" shall have the surme meaning as is assigned to it
under clause (viii) of section2 of the Gujarat Town planning and
Urban Development Act,l97 6.
(e) "development plan" means a plan for the development or re-
development or improvement of a Tourism development area;
0 '"engineering operations" shall have the same meaning as is
assigned to it under clause (xi) of section 2 of the Gujarat Town
Planning and Urban Development Act 1976;
(g) "Govemment agency" means a Corporation or a Govemment
company or a body owned or controlled by the State Govemment
or an authority established by or under any State law and includes
a local authority;
(h) "land" shall have the same meaning as is assigned to it under
clause (xiii) of section2 of the Gujarat Town planning and Urban
Development Act,l976;
0 "local authority" means a municipality constituted or deemed to
be constituted under the Gujarat Municipalities Act, 1963, a
committee appointed for a notified area under the Gujarat
Municipalities Act, 1963 or a panchayat constituted under the
Gujarat Panchayats Act, 1993;
0 "Notification" means a notification published in the Officiat
Gazette;
(<) "Nuisance" includes any act of commission or omission or
carrying on of any activity, process, operation including the
operation of any machine which causes or is likely to cause injury,
danger, or which is or may be dangerous to life or injurious to
health or property or to any animal or plant;
PART IV ] GUJARAT GOVERNN4EMT GAZETTE, EX. 20.12-2019
"occupier" includes,
(t) any person who for the time being is pa,ving or is liable to
pay to the owner the rent of the land or building in respect of
which such rent is paid or is payable;
an owner living in or otherwise using his land or buirding;
a rent-free tenant;
a licensee in occupation of any land or building;
any person who is liable to pay to the owner damages or
compensation for the use and occupation of any land or
building;
but, shall not include a person who on the date of commencement
of this Act is in illegal possession of any land which has been
acquired by the State Government or by any other authority and
has vested in the State Government and shall not also include a
person who has encroached upon such land;
"operational construction" shall have the same meaning as is
assigned to it under clause (xvii) of section 2 of the Gujarat Town
Planning and Urban Development Act,1976.
"owner", in relation to any property, includes any person who is,
for the time being receiving or entitled to receive, whether on his
own account or on account ofor on behalf,of or for the benefit of,
any other person or as an agent, trustee, guardian, manager or
receiver for any other person or for any religious or charitable
institution, the rents or profits of the property; and also includes a
mortgagee in possession thereof but shall not include any such
person who on the date of commencement of this Act is in illegal
possession of any land which has been acquired by the state
Government or by any other authority and has vested in the state
Government and shall also not include a person who has
encroached upon such land;
"person" means and includes, an individual, an entity, a company,
firrn, organization, association of persons, society, establishment,
institution including Government agencies carrying on business or
economic activity in the Tourism development area;
"prescribed" means prescribed by rules made under this Act;
"Prescribed Authority" means an Authority appointed under
section 25;
"regulations" means a regulations made under section 54 and
includes zoning and other regulations made as part of a
development plan ortown pl ing scheme;
"rules" means rules made under seetion 53;
"Statue Of Unity" means the statue of Shri Sardar Vallabhbhai
Patel, located at Kevadia, District: Na ada, Gujarat;
0
34-3
President's Act
No. 27 of 1976"
(ii)
(ut)
(iv)
(v)
(m)
(n)
(o)
(p)
(q)
o
6)
o
34-4 GUJARAT GOVERNMENT GAZETTE, EX. 2O-12-2OI} I PART IV
"statue of unity Area Development and Tourism Governance
Authority" means the authority constituted under section 4 or any
Govemment agency or Government company designated as such
under sub-section (4) ofsection 4;
"Tourism activity" means the activities and services including but
not limited to industrial, manufacturing, oommercial, financial,
processing, packaging, logistics, transport, tourism, hospitality,
health, housing, entertainment, research and development,
education and training, skill development, information and
communication, management and consultancy, corporate offrces
and the activities and services connected therewith or incidental
thereto and other activities including the economic activities as the
State Government may specify bV notification in the Officiat
Gazette;
"Tourism development area" means the area declared under
section 3;
"Tourism trade" means and includes facilities, service, activities
orproducts relating to Tourism provided to a tourist in a premises
b>r any person or travel agency regularly or occasionally within
Tourism development area or otherwise;
"tourist guide" means the tourist guide appointed under section 30.
CHAPTER II
DECLARATION OF TOURISM DEVELOPMENT AREA
3. (1) The State Government, for the purpose of securing planned
Tourism development and govemance in and around Kevadia, District
Narmada and in the vicinity of Statue Of Unity, may, by notification in
the Official Gazette, declare such area to be the Tourism development
area.
(2) Every notification issued under sub-section (1) shall define
the limits of the area to which it relates.
(3) The State Government may also, by notification in the
Official Gazette, extend the Tourism development area as and when it
deems fit.
CHAPTER III
CONSTITUTION OF SOU TOURISM AUTHORITY
4" (1) As soon as may be after the declaration of a Tourism
development area under section 3, the State Government shall, by
notification in the Official Gazette, constitute an authority for such area
to be called the Statue Of Unity Area Development and Tourism
(u)
(v)
(w)
(x)
0)
Declaration of
Tourism
development
area.
Constitution of
SOU Tourism
Authority.
PART IV ] GUJARAT GOVERNMEMT GAZETTE, EX,2O-12-2OI| 34-5
Governance Authority (hereinafter referred to as ,.sou rourism
Authority") for such Tourism development area for the purpose of
carrying out the functions assigned to it by or under this Act.
(2) The headquarters of the Sou rourism Authority shall be at
Kevadia, District Narmada:
Provided that the State Government may, by notification in the
official Gazette, specify any other place as the headquarters of the sou
Towism Authority"
(3) (a) The sou rourism Authority shall consist of the following
members, namely: -
(r) the Chairman to be appointed by the State Government;
(ii) the vice chainnan - Managing Director, Sardar Sarovar
Narmada Nigam Limited, ex-fficio;
(nl) the vice chairman - Secretary / principal Secretary I
Additional chief secretary of Urban Development Department,
ex-fficio;
(rv) the Vice Chairman Secretary / principal Secretary I
Additional Chief Secretary (Narmada), ex-ffi c i o ;
(v) the vice chairman- secretary / Principal secretary/ Additional
Chief Secretary of Tourism Department , ex-fficio;
(vi) the Member-Secretary - Managing Director of Tourism
Corporation of Gujarat Limited, ex-fficio;
(vii) the Secretary, Roads and Buildings Department, ex-fficio;
(viii) the Joint Managing Director, Sardar Sarovar Narmada Nigam
Ltd", and Member-Secretary, Sardar Vallabhbhai patel
Rashtriya Ekta Trust (SVPRET), ex-ffi cio ;
(x) the Chief Executive Officer - Chief Administrator - SOU. ex-
fficio;
(x) the Collector, Narmada District, ex-fficio;
(-) the District Development Officer, Narmada District, ex- fficio;(xii) the Chief Town Planner, Gujarat., ex-fficio;
(xiii) the Superintendent of Police, Narmada District, ex- fficio;
(xiv) the Principal Chief Conservator of Forest (Wild Life), ex-
fficio;
(>cv) the Deputy Conservator of Forest, Kevadia, ex-fficio;
(xvi) the Chief Engineer (Dam and Vadodara), Sardar Sarovar
NarmadaNig Ltd,ex-fficio;
(xvii) the Chief Engineer, Gujarat Water Supply and Sewerage Board,
Surat, ex-fficio,.
34-6 GUJARAT GOVERNMENT GAZETTE, EX. 20-12-2019 I PART IV
(xviii) the chief Engineer, Daxin Gujarat vij company Ltd., surat,
ex-fficio,.
(xrD tluee experts who possess
development or Tourism
Government:
(xx) President, District Panchayat, Narmada.
(b) The chairman shall have powers to co-opt the members, not
exceeding three, in the sou rourism Authority subject to the rules as
may be prescribed:
Provided that no such appointment shall be made except without the
prior consultation with the State Government.
(c) The terms and conditibns of service of the members so co-opted shall
be as may be determined by the State Government.
(a) The State Government may, instead of constituting the Sou rourism
Authority, designate any Government agency or Government company
as the sou rourism Authority and empower it to exercise in part or all
the powers to enable it to perform the functions by or under this Act.
5. (1) The term of office, conditions of service and powers and
functions of the Chairman, Vice- Chairrnan, the Member-Secretary, the
chief Executive officer and members appointed under sub-clause (xix)
of clause (a) of sub.section (3) of section 4 of the SOU Tourism
Authority shall be such as may be prescribed.
(2) The Chairman, the Vice-Chairman and the members of the
Sou rourism Authority other than ex-fficio members shall hold office
during the pleasure of the State Government.
(3) The conditions of service of the members of the SOU
Tourism Authority other than ex-fficio members shall be such as may
be'prescribed and such members shall be entitled to receive such
remuneration or allowances or both as the State Government may by
order determine.
(4) (a) If the State Government is of opinion that any member.
of SOU Tourism Authority is guilty of misconduct in the discharge of
his duties or is incompetent or has become incapable of performing his
duties as such member, or should for any other good and sufficient
reasons, be removed, the State Government may, after giving him an
opportunity to be heard, remove him from office.
(b) Any member of the SOU Tourism Authority other thanan ex-
fficio member may at any time resign his office by writing under his
hand addressed to the State Government and upon the acceptance
thereof, the office of such member shall become vacant.
experience and knowledge in area
to be nominated by the State
Term of office
and conditions
of service of
members.
PART IV ] GUJARAT GOVE N{ENIT GAZETTE ,EX.2O-I2.2OII 34-7
6" (1) The SOU Tourism Authority shall meet at such time and at Meetingorsou
such place as the Chairman may determine: Tourism
Authority and
transaction ofProvided that the procedure with regard to transaction of business at ;;;;;..r.
its meetings including quomm at such meeting shall be such as may be
laid down by the soU Tourism Authority in consultation with the State
Government.
(2) The sou rourism Authority sharl meet at least once in everV
guafter.
(3) The appointment, remuneration, allowances and conditions
of services of the officers and employees of Sou rourism Authority
shall be such as may be prescribed by regulations"
7" (1) The SOU Tourism Authority may constitute an Executive constitution of
committee and such other committees consisting of members not committees-
exceeding six in numbers, for the performance of its functions as may be
detennined by it.
(2) The terms and conditions of any of the committees
constituted under sub-section (t) shall be as may be determined by the
SOU Tourism Authority.
8. No act or proceedings of the SOU Tourism Authority and any of its vatidity of acts
committees shall be invalid or vitiated merely by reason of - ;l3d[,"i:'"t',:tr
(a) a vacancy therein or any defect in the constitution thereof or l"HT,?13:'
(b) an irregularity in its procedure not affecting the merits of the
case.
CIIAPTER IV
POWERS AND FUNCTIONS OF'SOU TOURISM AUTHORITY
9" (1) The SOU Tourism' Authority shall secure planned powersand
development of the Tourism development area and take steps to provide i"J"t:ffi 
orsou
basic infrastructure and measures for effective management thereof. Auurority"
(2) The SOU Tourism Authority shall, in particular, exercise the
following powers and perform the following frrnctions namely: -
(D to engage or assist or promote necessary facilities for tourists;
(ii) to establish, maintain and operate services connected with the
Tourism industry and to coordinate the activities of the
persons providing sueh services for tourists;
34-8 GUJARAT GOVERNMENT GAZETTE, EX. 2O-T2-2OII I PART IV
(iiD to prescribe, regulate, maintain and enforce the standards to
be maintained by the different persons engaged in Tourism
trade and Tourism activity;
(iv) to acquire hereinafter by sale, take on lease, hire, pledge or
otherwise, grant, allocation, donation, town planning scheme,
consent agreement or through proceedings under the Right to
30 of 2013. Fair compensation and Transparency in Land Acquisition;
Rehabilitation and Resettlement Act, 2013, hold or manage
any moveable or immoveable property as it may deem
necessary subject to general or specific directions ofthe State
Govemment in this behalf;
(v) to sale, lease, transfer or dispose of any land or building
belonging to it subject to the regulations made by the State
Govemment;
(vi) to enter into contracts, agreements or concession agreement
with any person, entity, developer or organization as it may
deem necessary for performing its functions;
(vii) to undertake preparation and execution of development plan
for whole or part of the area of the Tourism development area;
(viii) to undertake preparation and execution of town planning
scheme for whole or part of the Tourism development area;
(ix) to make general or specific regulations or issue directions to
fix so as to implement the standards and the norms for
building structures, infrastructure development, aesthetics
and other construction activities ;
(x) to remove encroachments from Tourism development area
and constructions therefrom not duly authorized or made in
violation of the regulations, directions and norms laid down;
(xi) to control the development activities in accordance with the
development plan and to bring aesthetics, efficiency and
economy in the process of development;
(xii) to ensure and make provision for sufhcient civic amenities
including drainage and services including hospitals and
medical services, schools, fire services, public parks, markets
and shopping places, play grounds, entertainment areas and
disposal of waste.
(xiii) to make sustainable anangements for providing and
maintaining the highest standards in civic amenities such as
water supply, sewerage, power supply, transportation,
communication, infrastructure and services particularly for
cleanliness, aesthetics, health, hygiene, etc.
PART IV ] GUJARAT GOVERNMEN4T GAZETTE, E)^. 20 -12-2A19 34-9
. (xiv) to provide for disaster management and mitigation;
(xv) to levy and collect such t"ees, development charges, or user
charges as may be fixed by the State Govemment;
(xvi) to exercise such other powers and discharge such other
functions for proper planning, management and development
of the Tourism development area, the sou rourism
Authority may issue such directions or ins ctions as it may
consider necessary to any person, unit, entity, developer or
any other stakeholder.
(xvii) to exercise such other powers and discharge such other
functions as may be prescribed by rules or regulations.
(xviii) to appoint directly by contractual appointment / deputation/
outsourcing or in any other manner the staff for carrying out
vilrious functions and duties specified by the Act and
determine remuneration thereof.
(xix) to exeroise such other powers and perform such other
functions as are incidental or consequential to any of the
foregoing powers and functions or as may be directed by the
State Government.
(3) On receipt of the proposal from the SOU Tourism Authority
or otherwise, the State Govemment may, by notification in the officiat
Gazette, delegate any of the powers and functions of the SoU Tourism
Authority to the local authority or authorities or an officer within its
jurisdiction.
(4) Notwithstanding anything contained in the relevant State
Acts, rules or any existing instructions of the State Government, the
provisions made under clause (iv) of sub-section (2) shall prevail.
CHAPTER V
TOWN PLANNING
10" (l) The provisions of the Gujarat Town Planning and Urban
Development Act, 1976, shall mutatis mutan , apply with respect
to the Development Plans and to the Town Planning Schemes made
under this Act"
(2) The SOU Tourism Authority shall be The "Appropriate
Authority" for the Tourism development area for the purposes of sub-
seetion (1).
Application of
President's Act
No. 27 of 1976"
34-10
Restriction on
development
after publication
of draft
development
plan.
Application of
permission for
development.
GUJARAT GOVERNN4ENT GAZETTE, EX. 2O-T2-20T9
CHAPTER VI
CONTROL, REGULATION AND DEVELOPMENT IN
TOURISM DEVELOPMENT AREA
I PART IV
11. (1) on or after the date on which the Sou rourism,A,uthority is
constituted, no person shall carry on any development in any building or
in or over any land, within the limits of the said Tourism development
area without the permission in writing of the Sou rourism Authority:
Provided that no such permission shall be nec.essary, -
(D in respect of any work which is being canied on by the state
Government on the date of commencement of this Act;
(ii) for any work being carried on for the maintenance, improvement
or other alteration of any building and which affect only the
interior of the building or which does not materially affect the
external appearance thereof;
(iii) for the carrying out of-
(a) any operational construction undertaken by the Central
Government or a State Government;
(b) any work for the purpose of inspecting, repairing or
renewing any drains, sewers, mains, pipes, cables,
telephone or other apparatus or the breaking open of any
street or other land for such purpose;
(iv) for any excavation, including excavation of wells made in the
ordinary course ofan agricultural operation;
(v) for the construction of a road intended to give access to land
solely for agricultural purposes;
(vi) for the normal use of land which has been used temporarily for
other purposes;
(vii) in case of land normally used for one purpose and occasionally
used for any other purpose, for the use of land for that other
pu{pose;
(viii) for any purpose incidental to the use of a building for human
habitation or any other building or land attached to such building.
12. Any person, not being the Central Government or a State
Govemment, intending to carry out any development in any building or
in or over any land within the limits of a Tourism development area shall,
make an application in writing to the SOU Tourism Authority for
permission for such development in such form and containing such
particulars and accompanied by such documents as may be determined
by regulations"
PART IV ] GUJARAT GOVERNMEIMT GAZETTE, EI*.2O-I2.2ATI
13" (l) Any person not being the Central Government or a State
Government, intending to retain any use of building or work constructed
or carried out on any land, or to eontinue any use of any p icular land,
before the date on which a final development plan comes into force,
ich is not in conformity with the provisions of the regulations or the
final developmont plan, shall make an application in writing to the SOU
Tourism Authority for permission to retain or continue such use,
containing sueh particulars and accompanied by sueh documents and
such fees as may be determined by regulations, within six months from
the date on which the final development plan in respect of such Tourism
development area comes into force.
(2) On and after the date on which the said period of six months
expires, no person shall retain or eontinue any such use of building or
work or land, without such permission having been obtained or contrary
to the terms thereof:
Provided that where such person has applied under sub-
section (l) within period of six months and no order has been made
within a period of six months after the receipt of the application under
said sub- section (1), he shall retain or eontinue such use until the date of
such order.
34-l I
Permission for
retention or
continuance of
use of any
building or work
or any use of
land.
14. (1) On receipt of an application under section 12 or section 13, Grantorrefusal
the SOU Tourism Authority shall fumish the applicant with a written orpermission.
acknowledgement of its receipt and after satisfuing itself that the
development charge, if any, payable by the applicant has been paid and
after making such inquiry as it thinks fit may, subject to the provisions
of this Act, by order in writing-
(i) grant the permission with or without any condition; or
(iD grant the permission, subject to any general or special
orders made by the State Government in this behalf;
or
(iii) refuse to grant the permission"
(2) Any permission under sub-section (l) shall be granted in the
prescribed form and every order granting permission subject to
conditions or refusing permission shall state the grounds for imposing
such conditions or for such refusal"
(3) Every order made under sub-section (l) shall be
communicated to the applicant in the manner prescribed by regulations"
(4) If the SOU Tourism Authori fails to communicate its order
to the applicant within three months from the date of receipt of the
application, sueh permission shall be deemed to have been granted to the
applicant on the expiry of the said,period of three mo s.
34_r2
Unauthorized
construction.
GUJARAT GOVERNMENT GAZETTE, EX. 2O-12-2OI} I PART IV
15" (l) If any person carries on any development work or retains the use
of any building or work or continues the use of land in contravention of
work or to discontinue any use and may, after making an inquiry in the
prescribed manner, remove or pull down any building or work carried
out and restore the land to al condition or, as the case may be,
take any measures to stop s
(2) Any expenses incurred by the sou rourism Authority under
sub-section (1) shall be a sum due to the SoU Tourism Authority under
this Act from the person in default.
16. (l) where permission for the retention or continuance or
retention of use of building or work or land of the kind referred to in
section 13 is refused or is granted subject to any conditions, then, ifany
owner of the land claims
(a) in a case where such permission is refused on the ground that
the land in question has become incapable of reasonable' beneficial use in its existing state,
O in a case where permission is granted subject to conditions, due
to which the land has become incapable of reasonable
beneficial use by carrying out the conditions of the permission,
he may, within the time and in the manner determined by regulations,
serve on the soU Tourism Authority a notice (herein after referred to as
a pwchase notiee) requiring the SoU Tourism Authority to purchase his
interest in the land in accordance with the provisions of this section"
(2) Where a purchase notice is served on the SOU Tourism
Authority under sub-section (l), the SOU Tourism Authority shall
forthwith transmit a copy of the notice to the State Government and the
State Government shall, if satisfied, confirm the notice and thereupon the
SOU Tourism Authority shall be deemed to be authorized to acquire the
interest of the owner in accordance with the provisions of this Act, and
shall serve on the owner a notice for acquiring his interest in such land
on such date as the State Government may direct.
(3) If the State Government does not confirm the purchase notice,
within the period of six months from the date on which the purchaser has
served notice under sub-section (1), the notice shall be deemed to have
been confinned at the expiration of that period and the SOU Tourism
Authority on which the notice was served shall be deemed to be
authorized to acquire the interest of the owner.
Obligation to
purchase land on
refusal of
permission or
grant of
permission in
certain cases"
PART IV ] GUJARAT GOVERNMEMT GAZETTE ,EX,2O-T2-2OII
lT.Every permission granted or deemed to have been granted under
section 14 shall remain in force for a period of one year from the date of
such grant and thereafter it shali lapse:
Provided that, the SoU To sm Authority may, on an application
from time to time, extend such period by a fuither period not exceeding
one year at a time, so however, that the extended period shall in no case
exceed three years in the aggregate:
Provided further that the lapse of the permission as afloresaid shall
not bar any subsequent lication for fresh permission under this Act.
18. (1) If it appears to the SOU Tourism Authority that it is necessary
or expedient, having regard to the development plan that may have been
prepared or may be under preparation or having regard to any variation
made in the final development plan that any permission granted under
section 14 should be revoked or modified, the SOU Tourism Authority
may, after giving the person concerned an opportunity of being heard, by
an order, revoke or modiff the permission to such extent as appears to it
to be necessary :
Provided that where the permission relates to the carrying out of any
building or other operation, in or over any land, no sueh order shall affect
such of the operations as may have already been carried out in pursuance
of the permission and no such order shall be passed after such operations
have substantially progressed or have been completed.
(2) Where any permission is revoked or modified by an order
made under sub-section (1) and any owner claims, within the time and in
the manner as may be prescribed, compensation for the expenditure
incurred in carrying out any development in accordance with such
pe ission which has been rendered abortive by the revocation or
modification, the SOU Tourism Authority shall, after giving the owner a
reasonable opportunity of being heard, assess and offer such
compensation to the owner as it thinks fit.
(3) If the compensation as offered under sub-section (2) is not
acceptable to the owner, he may prefer an appeal before the District
Judge within a period of three months from the date of such order:
Provided that no such appeal shall be entertained if not made within
the stipulated time limit.
19. (1) Any person who, whether at his own instance or at the
instance of any other person, oofitmences, undertakes or carries out
development-
(a) without any applieation for permission required under
section 12;
34-13
Lapse of
permission.
Power of
revocation and
modification of
permission to
development.
Penalty for
unauthorized
development or
use or
continuance or
retention of the
use without
permission.
34-14 GUJARAT GOVERNMENT GAZETTE, EX. 2O-12-2OI} I PART IV
(c)
(d)
which is not in accordance with any permission granted
under section 13 or section 14 or is in contravention ofany
condition subject to which such permission has been
granted;
after such permission has been duly revoked; or
in contravention of any modification made in such
permission,
shall, on conviction, be punished with fine which may extend to
fifty thousand rupees, and in the case of a continuing offence with
a further fine whieh may extend to five thousand rupees for each
day during which the offence continues after conviction for the
first offence"
(2) Any person who continues to use or allows the use of any land
or building or work in contravention of the provisions of a development
plan or being allowed to do so under section 14 or where the continuance
of such use has been allowed under that section, continues such use after
the period for which the use has been allowed, or does not comply with
the terms and conditions under which the continuance of such use is
allowed, shall, on conviction, be punished with frne which may extend
to fifty thousand rupees and in the case of a continuing offence, with a
further fine which may extend to five thousand rupees for each day
during which such offence continues after conviction for the first
offence.
20. (1) Where any development has been carried out in any of the
circumstances referred to in sub- section (l) of section 19, or any use of
land or building or work is continued so as to constitute an offence
punishable under sub-section (2) of section 19, the SOU Tourism
Authority may, subject to the provisions of this section, within three
years of such development, or continuance of use so made, serve on the
owner a notice requiring him, within such period, being not less than one
month as may be specified therein, after the service of the notice,-
(a) to restore the land or building to its condition existing
before the said development took place, in cases specified
in clause (a) or clause (c) ofsub-section (1) ofsection 19;
(b) to secure compliance with the conditions or with the
permissions as modified, as the case may be, in cases
specified in clause (b) or clause (d) of sub-section (1) of
sectionl9;
(c) to discontinue such use of building or land or work:
Provided that where the notice requires the discontinuance of any use
of land or building, the SOU Tourism Authority shall also serve a notice
on the occupier"
(b)
Power to require
removal of
unauthorized
developnent or
use.
PART IV ] GUJARAT GOVERNMEMT GAZETTE, EX. 20-12-2019
(2) The notice under sub-section (l) may include the following,
namely: *
(a) the demorition or alteration of any building or work;
(b) the carrying out on land of any building or other
operauons.
Authority"
(4) The soU Tourism Authority, after considering the representation
and, if it deems fit, after providing an opportunity of being heard, may
withdraw the notice fully or to the extent in respect of any of the matters
specified therein:
compliance of the matters which have not been withdrawn.
(5) In case where the owner acts in breach of the provisions of sub-
section (l) or in breach of the provisions of sub-section (4), as the case
may be, the SoU Tourism Authority may pass an appropriate order,-
(a) to discontinue of any use of land or building made in
contravention of the notice;
(b) to demolish or alter any building or work or other operations,
and recover the amount of any expenses incurred by it in this
behalf from the owner as an arrear of land revenue, where
the notice requires for demolition or alteration of any
building or work or the carrying out of any construction or
other operations, for the purpose of the restoration of the
building to its condition before the development took place
and secure compliance with the conditions of the permission
or with the permission.
(6) Whoever, contravenes clause (a) of sub-section (5) shall, on
conviction, be punished with fine which may extend to fifty thousand
rupees, and in the case of a continuing offence, with a further fine which
may extend to one thousand rupees for each day during which such
offence continues after conviction for the first offence.
2L" Q) Notwithstanding anything contained in this Chapter, where
any person has canied out any development of a temporary nature in any
of the oircumstances referred to in sub-section (1) of section 20, so as to
constitute an offence punishable under that section, the Sou rourism
Authority may, by an order in iting, direct such person to remove any
structure or work erected within fifteen days of the receipt of such order,
and if thereafter, the person does not comply with the said order, the Sou
34-1s
Removal of
unauthorized.
temporary
development
summarily.
Recovery of
exPenses
incurred.
Development
under taken on
behalf of
Government and
SOU Tourism
Authority.
34-16 GUJARAT GOVERNI\4ENT GAZETTE, EX. 2O-12-2OT} I PART IV
Tourism Authority may direct the superintendent of police, Narmada
District to have such structure or work summarily removed without any
notice and thereupon any such structure or work shall be summarilv
removed.
(2) The decision of the sou rourism Authority on the question
as to what is development of a temporary nature shall be final.
22" Any expenses incurred by the Sou rourism Authority under section
20 or section 21 shall be a.sum due to the Sou rourism Authority under
this Act from the person in default or the owner of the land or the
building.
23. (l) where any Department of the central Govemment or a State
Government intends to carry out development of any land for any
purpose of the Government or for carrying out any operational
construction, it shall inform in writing the SoU Tourism Authority of its
intention to do so, giving full particulars thereo! and accompanied by
such documents and plans as may be prescribed at least thirty days before
undertaking such development or construction.
(2) Where the SOU Tourism Authority raises any objection to the
proposed development on the ground that such development is not in
conformity with the provisions either of any development plan under
preparation, or development plan already sanctioned, or of any building
bye-laws in force for the time being, or for any other material
consideration, the Department shall-
(i) either make necessary modifications in the proposals for
development to meet the objections raised by the SOU Tourism
Authority; or
(i1) submit the proposals for development together with the
objections raised by the SOU Tourism Authority to the State
Govemment for decision.
(3) The State Government on receipt of the proposals foi
development together with the objections of the SOU Tourism Authority
shall, either approve the proposals with or without modifications or direct
the department to make such modifications in the proposals as it
considers necessary in the circumstances"
(4) Where the SOU Tourism Authority intends to carry out
development of land for its owrr purpose in the exercise of its powers
under any law for the time being in force, such development shall be in
conformity with the development plan and of the bye-laws or regulations
relating to construction of buildings.
(5) The provisions of sections 12, 13 and 14 shall not apply to
developments carried out under this section.
PART IV ] GUJARAT GOVERNMEMT GAZETTE, EX,2O-12-2OII
CHAPTER VII
TOURISM AREA PROTECTION AND MAINTENANCE
24" (l) The District Police shall assist the officers or any other
persons authorized to discharge any of the provisions for enforcement of
this Act particularry in respect of the following, namely:-
(i) for the better protection and security of the public property
within the Tourism development area including prevention of
encroachments and removal thereof;
(ii) for aiding the officers of the SOU Tourism Authority in the
detection and investigation of any matter relating to leakage of
revenue or any amount payable to the SOU Tourism
Authority;
(iii) for effective communication and obtaining of any information
regarding any design to commit or the commission of any
offence by any person under this Act or any rules or
regulations made thereunder;
(iv) to exercise such other powers and discharge such other
functions as may be prescribed.
(2) Notwithstanding anything contained inthe Gujarat Police Act
1951, the prescribed authority, for the purposes of sub-section (1) shall
have power of superintendence over the police.
25. The State Government may, by notification in
appoint any officer to be a Prescribed Authority
development area.
Official Gazette, Appointment
. ofPrescribedror tne I ounsm Authoritv.
34-17
District police
to assist SOU
Tourism
Authority.
Bom. XXII
of 1951.
Preventioh
of nuisance.
Power of
Frescribed
Authority to
prohibit
nuisance"
26. Notwithstanding anything contained in any other law for the time
being in force, or any instrument, contract or usage or any order,
judgment or decree of any court, no person, company, association or firm
or any other body shall cause any nuisance within the Tourism
development area.
27" (l) The Prescribed Authority, either on its own motion or upon a
complaint received or upon reference made to him, may, by an order in
writing and without giving any prior notice, prohibit any nuisance being
caused or prevent any such activity, process, operation being c ied out,
if in his opinion, the s e has damaged or deteriorated or is likely to
damage or affect adversely to tourism potentiality of the Tourism
development area, and pass such interim orders as it deems fit.
34-1 8
Notice for
removing the
nuisance.
GUJARAT GOVERNMENT GAZETTE, EX. 20-T2-2019 I PART IV
(2) If, in the opinion of the prescribed Authority, despite the
actions taken by him under sub- section (1) a nuisance is continued, he
shall issue notice to the person responsibre for such nuisance to remove
such nuisance forthwith.
(3) If the concemed person fails to comply with the directions
under sub-section (l), the material thing or object of nuisance shall stand
forfeited and vested in the State Government.
(4) The expenses and costs incurred, if any, in removing or
abating such nuisance, shall be recovered as an iurear of land revenue
frorn the person who has caused such nuisance.
(5) Any property, thing, material or object, which is a nuisance
under this Act, may be disposed of or dealt with by the State Government
in the manner as it may deem fit.
(6) Whoever causes the nuisance or abets the same or fails to
comply with any order or directions given under this section, shall be
punishable with imprisonment for a term which may extend to one month
or with fine which may extend to fifty thousand rupees or both.
(7) Any offence committed under sub-section (6) shall be
cognizable and non-bailable.
28. (1) No person shall, within the Tourism development area
commit or cause to commit or attempt to commit any act of touting or
malpractice against any tourist or engage in begging or in unauthoized,
hawking at any tourist destination and shall be dispersed by any
personnel authorized by the SOU Tourism Authority;
(2) Whoever contravenes the provisions of sub-section (l) shall,
on conviction, be punishable with imprisonment for a term which may
extend to one month or with fine which may extend to five thousand
rupees or with both.
CHAPTER VIII
LICENSING, REGISTRATION, RECOGNITION AND
GRADING OF TOURISM TRADE RELATED ACTIVITIES
29.The SOU Tourism Authority shall regulate every category of tourism
trade in the tourism development area by registering, recognition and
grading in accordance with the procedures as determined by SOU
Tourism Authority.
Object of
nuisance shall
stand forfeited
and vested in the
Government.
Expenses and
costs for
removing the
nuisance.
Dealing with the
property of
n u isance.
Offences and
penalties.
Prohibition of
certain
activities in
Tourism
development
area.
Registration,
Recognition
and Grading.
PART IV ] GUJARAT GOVERNMEMT GAZETTE, EX.2O.T2.2O1I 34-Ig
30. (1) The sou Tourism Authority ffiBy, for the Tourism Appointmenr
developrnent area, from time to time, appoint as many tourist guides as $fr;ff:required and speeify their functions" ticensing.
(2) The sou rourism Authority shall appoint the tourist guides
in the manner as may be determined by it.
(3) The SoU Tourism Authority shall issue necessary license to
the tourist guides containing therein the terms and conditions of such
license.
(4) It shall be competent for the SoU Tourism Authority to
cancel the licenses of any tourist guide if he breaches any of the terms
and conditions of the licenses.
(5) No person having not been granted the lieense, shall act as a
tourist guide.
(6) whoever acts as a tourist guide without having the license,
shall, on conviction, be punishable with imprisonment which may extend
to one month.
CHAPTER IX
SOU TOURISM AUTHORITY TO BE AN II\DUSTRIAL
TOWNSHIP
31. (l) The State Government may, having regard to the proviso to SoU Tourism
clause (l) of article 243Q of the constitution of India consider the f.u:lo'nttoTourism development area to be an industrial township, and may by rndustrial
notification, declare the Tourism development area to be a notified area: Township"
Provided that, the State Government may, while declaring the
notified area, include or exclude the village site area (gamtal) of a village
Panchayat or Municipal area.
(2) The provisions of sections 2648 and 264C of the Gujarat Guj.34 of
Municipalities Act, 1963 shall be applicable in case the Tourism rs6E"
development area is declared as notified area under sub-section (l)"
CHAPTER
F'INANCE, ACCOUNTS AND ANNUAL REPORTS OF SOU
TOURISM AUTHORITY
32. (1) The SOU Tourism Authority shall establish a fund to be Fundsorsou
called the "SOU Authority fund". Tourism
Authoritv"
(2) The following shall form part of; or be paid in to, the fund.
2 nf 1934.
Power of
authority to
boirow
money.
Recovery of
arrears.
Accounts and
Audit.
34-20 GUJARAT GOVERNMENT GAZETTE, EX. 2O-12-2OI} I PART IV
(a) all money received by the Sou rourism authority by way of
grants, loans, advances, fees, development charges or
otherwise;
(b) all money derived from its undertakings, projects and other
sources;
(c) bequests, donations, ifany.
(d) all money received by the SoU Tourism Authority in any
other manner or from any other source.
(3) The tund of the Sou rourism Authority shall be applied
towards the expenses of the authority including expenses incurred in the
exercise of its powers and discharge of its functions and for achieving
the objects of this Act
(4) The SOU Tourism Authority fund shall be kept in any
scheduled Bank as defined in the Reserve Bank of India Act, 1934 or in
any bank authorized by the State Government in this behalf or invested
in such manner as may be prescribed.
(5) The State Government may make such grants, advances and
loans to SOU Tourism Authority as the State Government may deem
necessary for the performance of its functions under this Act on such
terms and conditions as the State Government may determine.
33. The SOU Tourism Authority may, from time to time, borrow for such
period and upon such terms, as the State Govemment may approvo, ily
sum of money necessary for the purpose of achieving the objects of this
Act.

Excerpt shown. Open the full act in Lexace.

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