LexThe Ambaji Area Development and Pilgrimage Tourism Governance Act, 2020.
Gujarat · state statute
Open in Lexace · Ask the AI about this actExtra No. 27 äëìæýÀ áäëÉÜÞù Øß wë. 4,000/- © The Gujarat Government Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY Vol. LXI ] MONDAY, OCTOBER 12, 2020 / ASVINA 20, 1942 Separate paging is given to this Part in order that it may be filed as a Separate Compilation. PART - IV Acts of Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor The following Act of the Gujarat Legislature, having been assen ted to by the Governor on the 9 th October, 2020 is hereby published for general information. K. M. LALA, Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department. GUJARAT ACT NO. 16 OF 2020. (First published, after having r eceived the assent of the Governor, in the "Gujarat Government Gazette", on the 12th October, 2020). AN ACT to provide for development of the area and management of Pilgrimage Tourism in and around the Maa Ambaji Temple at Ambaji in the State of Gujarat by providing necessary civic infrastructure through effective planning, administration, governance, and the matters connected therewith and incidental thereto. It is hereby enacted in the Seventy-first Year of the Republic of India as follows:- IV-Ex.-27 27-1 27-2 GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 [ PART IV CHAPTER I PRELIMINARY 1. (1) This Act may be called the Ambaji Area Development and Pilgrimage Tourism Governance Act, 2020. (2) It shall extend to the Pilgrimage Tourism development area as declared under section 3. (3) It shall come into force on such date as the State Governme nt may, by notification in the Official Gazette, appoint. 2. (1) In this Act, unless the c ontext otherwise requires- (a) “Ambaji Area Development and Pilgrimage Tourism Governance Authority” means the authority constituted under section 4 or any Government agency or Government company designated as such under sub-section (4) of section 4; (b) “amenities” means basic and essential services including but no t 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, buildings for accommoda tion, sanitary facilities, health facilities, education facilities, entertainment facilities, mea ns of transport, disaster management, parks, green areas, gas pipelin e, hospitality, recreation, industry, development of townships and institutional areas, measures required for safety or convenience of the devotees and such other facilities or services as the Ambaj i Area Development and Pilgrimage Tourism Governance (AADPTG) Authority may specify; (c) “building operations” shall have the same meaning as is assigne d to it under clause (vi) of section 2 of the Gujarat Town Planni ng and Urban Development Act, 1976; (d) “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 t he objectives of this Act; (e) "development" shall have the same meaning as is assigned to it under clause (viii) of section 2 of the Gujarat Town Planning a nd Urban Development Act,1976. (f) "development plan" means a plan for the development or re- development or improvement of a Pilgrimage Tourism development area; (g) "engineering operations" shall have the same meaning as is assigned to it under clause (xi) of section 2 of the Gujarat To wn Planning and Urban Development Act 1976; Short title, extent and commencement. Definitions. President’s Act No. 27 of 1976. President’s Act No. 27 of 1976. President’s Act No. 27 of 1976. PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 27-3 (h) “Government agency” means a Corporation or a Government company or a body owned or controlled by the State Government or an authority established by or under any State law and includes a local authority; (i) "land" shall have the same meaning as is assigned to it under clause (xiii) of section 2 of the Gujarat Town Planning and Urban Development Act, 1976; (j) "local authority" means a municipality constituted or deemed to be constituted under the Gujara t Municipalities Act, 1963, a committee appointed for a notif ied area under the Gujarat Municipalities Act, 1963 or a panchayat constituted under the Gujarat Panchayats Act, 1993; (k) "Notification" means a notification published in the Official Gazette; (l) "Nuisance" includes any act o f commission or omission or carrying on of any activity, proc ess, 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 t o health or property or to any animal or plant; (m) "occupier" includes, - (i) any person who for the time being is paying 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; (ii) an owner living in or otherwise using his land or building; (iii) a rent-free tenant; (iv) a licensee in occupation of any land or building; (v) any person who is liable to pay to the owner damages or compensation for the use and occupation of any land or building; (n) "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. (o) "owner", in relation to any prope rty, includes any person who i s, for the time being receiving or entitled to receive, whether on his own account or on account of or 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 charitabl e institution, the rents or profits of the property; and also includes a mortgagee in possession thereo f but shall not include any such person who on the date of commencement of this Act is in illega l possession of any land which has been acquired by the State Government or by any other authority and has vested in the Stat e Government and shall also not include a person who has encroached upon such land; President’s Act No. 27 of 1976. Guj. 34 of 1964. Guj. 18 of 1993. President’s Act No. 27 of 1976. 27-4 GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 [ PART IV (p) “person” means and includes, an individual, an entity, a company, firm, organization, association of persons, society, establishment, institution including Government agencies carrying on business or economic activity in the Pilgrimage Tourism development area; (q) “Pilgrimage Tourism development area” means the area declared under section 3; (r) “Pilgrimage Tourism trade” means and includes facilities, service, activities or products relating to Pilgrimage Tourism provided to a pilgrim in a premises by any person or travel agency or Trust regularly or occasionally within Pilgrimage Tourism development area or otherwise; (s) “prescribed” means prescribed by rules made under this Act; (t) “Prescribed Authority” means an Authority appointed under section 25; (u) "regulations" means a regula tions made under section 54 and includes zoning and other regul ations made as part of a development plan or town planning scheme; (v) "rules" means rules made under section 53; (w) “Tourism activity” means the activities and services including but not limited to industrial, manufacturing, commercial, financial , processing, packaging, logistics, transport, pilgrimage tourism , hospitality, health, housing, entertainment, research and development, education and training, sk ill development, information and communication, management and consultancy, corporate offices and the activities and services connected therewith or incidental thereto and other activities including the economic activities as the State Government may specify by notification in the Official Gazette; (x) “tourist guide” means the tourist guide appointed under section 30. (y) "Trust" means the Shri Arasuri Ambaji Mata Devasthan Trust (SAAMDT) ; (2) The words and expression used but not defined in this Act shall have meanings respectively assigned to them in the Gujarat Town Planning and Urban Development Act, 1976. CHAPTER II DECLARATION OF PILGRIMAGE TOURISM DEVELOPMENT AREA 3. (1) The State Government, for the purpose of securing planned Pilgrimage Tourism development, administration and governance in and around Maa Ambaji Temple, District Banaskantha in the State of Gujarat, may, by notification in the Official Gazette, declare such area to be the Pilgrimage Tourism development area. Declaration of Pilgrimage Tourism development area. President’s Act No. 27 of 1976. PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 27-5 (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 or reduce the Pilgrimage Tourism development area as and when it deems fit. CHAPTER III CONSTITUTION OF AMBAJI PILGRIMAGE TOURISM AUTHORITY 4. (1) As soon as may be after th e declaration of a Pilgrimage Tourism development area under section 3, the State Government shall, by notification in the Official Gazette, constitute an au thority for such area to be called the Ambaji Area Development and Pilgrimage Tourism Governance Authority (hereinafter referred to as “Ambaji Pilgri mage Tourism Authority”) for such Pilgrimage Tourism development area for the purpose of carrying out the functions assigned to it by or under this Act. (2) The headquarters of the Ambaji Pilgrimage Tourism Authority shall be at Village: Ambaji, District: Banaskantha: Provided that the State Government may, by notification in the Official Gazette, specify any other place to be the headquarters of the Ambaji Pilgrimage Tourism Authority. (3) (a) The Ambaji Pilgrimage Tourism Authority shall consist of the following members, namely: - (i) a Chairman to be appointed by the State Government; (ii) the Vice - Chairman – Collector, Banaskantha, ex-officio; (iii) the Secretary, Gujarat Pavitra Yatradham Vikas Board, ex- officio; (iv) the Joint Secretary / Deputy S ecretary, Tourism Department, ex-officio; (v) the Superintendent of Police, Banaskantha, ex-officio; (vi) two officials of the State Government, to be nominated by the State Government, ex-officio; (vii) the Town Planner, District: Banaskantha, ex-officio; (viii) the Prant Officer, Ta: Danta, District: Banaskantha, ex-officio; (ix) two experts who possess experience and knowledge in area development or Pilgrimage Tourism to be nominated by the State Government; (x) the President, Danta Taluka Panchayat, District: Banaskantha, ex-officio; (xi) a Member-Secretary who shall also be designated as the Chief Executive Officer – Administrator and Deputy Collector, Ambaji Trust, ex-officio; Constitution of Ambaji Pilgrimage Tourism Authority. 27-6 GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 [ PART IV (b) The Chairman shall have powers to co-opt the members, not exceeding three, in the Ambaji Pilgrimage Tourism 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 conditions of service of the members so co-opted shall be as may be determined by the State Government. (4) The State Government may, instead of constituting the Ambaj i Pilgrimage Tourism Authority, designate any Government agency o r Government company as the Ambaji Pilgrimage Tourism Authority and empower it to exercise any or all of 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- Chairman, the Chief Executive Officer and members appointed under sub-clause (ix) of clause (a) of sub-section (3) of section 4 of the Ambaji Pilgrimage Tourism Authority sha ll be such as may be prescribed. (2) The Chairman, the Vice-Chairman and the members of the Ambaji Pilgrimage Tourism Authority other than ex-officio members shall hold office during the pleasure of the State Government. (3) The conditions of service of the members of the Ambaji Pilgrimage Tourism Authority other than ex-officio 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 an order determine. (4) (a) If the State Governme nt is of the opinion that any member of Ambaji Pilgrimage 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 fo r any other good and sufficient reasons, be removed, the State Govern ment may, after giving him an opportunity to be heard, remove him fr om office. (b) Any member of the Ambaji Pilgrimage Tourism Authority other than an ex- officio member may at any time resign his office by writing under his hand addressed to the State Government and up on the acceptance thereof, the office of such member shall become vacant. 6. (1) The Ambaji Pilgrimage Tourism Authority shall meet at such time and at such place as the Chairman may determine: Provided that the procedure with regard to transaction of business at its meetings including quorum at such meeting shall be such as may be laid down by the Ambaji Pilgrimage Tourism Authority in consult ation with the State Government. (2) The Ambaji Pilgrimage Tourism Authority shall meet at least once in every quarter. Term of office and conditions of service of members. Meeting of Ambaji Pilgrimage Tourism Authority and transaction of business . PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 27-7 (3) The appointment, remuneration, allowances and conditions of services of the officers and employees of Ambaji Pilgrimage Tourism Authority shall be such as may be prescribed by regulations. 7. (1) The Ambaji Pilgrimage Tourism Authority may constitute an Executive Committee and such other committees consisting of members not exceeding six in numbers, for the performance of its functions as may be determined by it. (2) The terms and conditions of any of the committees constituted under sub-section (1) shall be such as may be determined by the Ambaji Pilgrimage Tourism Authority. 8. No act or proceedings of the Ambaji Pilgrimage Tourism Authori ty and any of its committees shall b e invalidated or vitiated mere ly by reason of – (a) a vacancy therein or any defect in the constitution thereof, or (b) an irregularity in its procedure not affecting the merits of th e case. CHAPTER IV POWERS AND FUNCTIONS OF AMBAJI PILGRIMAGE TOURISM AUTHORITY 9. (1) The Ambaji Pilgrimage Tourism Authority shall secure planned development of the Pilgrimage Tourism development area and take steps to provide basic infra structure and measures for eff ective management thereof. (2) The Ambaji Pilgrimage Tourism Authority shall, in particular, exercise the following powers and perform the follo wing functions, namely: - (i) to engage or assist or promote necessary facilities for the local residents, pilgrims as well as tourists; (ii) to establish, maintain and operate services connected with the Pilgrimage Tourism industry and to co-ordinate the activities of the persons providing such services for pilgrims; (iii) to prescribe, regulate, maintain and enforce the standards to be maintained by the different persons engaged in Pilgrimage Tourism trade and Pilgrimage 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 Fair Compensation and Transp arency 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 of the State Government in this behalf; Constitution of Committees. Validity of acts and proceedings of Ambaji Pilgrimage Tourism Authority and committees. Powers and functions of Ambaji Pilgrimage Tourism Authority. 30 of 2013. 27-8 GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 [ PART IV (v) to sale, lease, transfer or dispose of any land or building belonging to it subject to the regulations made by the State Government; (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 Pilgrimage Tourism development area; (viii) to undertake preparation a nd execution of town planning scheme for whole or part of the Pilgrimage Tourism development area; (ix) to make general or specific regul ations 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 Pilgrimage Tourism development area and constructions there from not duly authorized or made in violation of the regulations, directions and norms laid down; (xi) to control the development activ ities 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 sufficient civic amenities including drainage and servi ces 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 arrangements 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. (xiv) to provide for disaster management and mitigation; (xv) to levy and collect such fees, development charges, or user charges as may be fixed by the State Government; (xvi) to exercise such other powers and discharge such other functions for proper planning, management and development of the Pilgrimage Tourism development area, the Ambaji Pilgrimage Tourism Authority may issue such directions or instructions as it may consider necessary to any person, unit, entity, developer or any other stakeholder. (xvii) to exercise such other power s and discharge such other functions as may be prescribed by rules or regulations. PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 27-9 (xviii) to appoint directly by contractua l appointment / deputation/ outsourcing or in any other manner, the staff for carrying out various functions and duties specified by the Act and determine remuneration thereof. (xix) to exercise 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) The powers and functions of the Shri Arasuri Ambaji Mata Devasthan Trust (SAAMDT) shall not be affected with respect to religious activities, maintenance and development of temple com plex, administration of the Trust funds including donations, and in a ny other manner whatsoever. (4) On receipt of the proposal from the Ambaji Pilgrimage Tourism Authority or otherwise, the State Government may, by notification in the Official Gazette , delegate any of the powers and functions of the Ambaji Pilgrimage Tourism Authority to the loc al authority or authorities or an officer within its jurisdiction. (5) Notwithstanding anything contained in the relevant State Acts, rules or any existing instructions of the State Governmen t, the provisions made under clause (v) of sub-section (2) shall prevail. CHAPTER V TOWN PLANNING 10. (1) The provisions of the Gu jarat Town Planning and Urban Development Act, 1976, shall mutatis mutandis, apply with respect to the Development Plans and to the Town Planning Schemes made under this Act. (2) The Ambaji Pilgrimage Tourism Authority shall be the “Appropriate Authority” for the Pilgrimage Tourism development area for the purposes of sub-section (1). CHAPTER VI CONTROL, REGULATION AND DEVELOPMENT IN PILGRIMAGE TOURISM DEVELOPMENT AREA 11. (1) On or after the date on which the Ambaji Pilgrimage Tourism Authority is constituted, no person shall carry on any development in any building or in or over any land, within the limits of the said Pilgrimage Tourism development area without the permission in writing of t he Ambaji Pilgrimage Tourism Authority: Provided that no such permission shall be necessary, - (i) in respect of any work which is being carried 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 th e external appearance thereof; Application of President’s Act No. 27 of 1976. Restriction on development after publication of draft development plan. 27-10 GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 [ PART IV (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 of an 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 fo r one purpose and occasionally used for any other purpose, for the use of land for that other purpose; (viii) for any purpose incidental to th e 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 Government, intending to carry out any development in any build ing or in or over any land within the limits of a Pilgrimage Tourism development area shall, make an application in writing to the A mbaji Pilgrimage Tourism Authority for permission for such developmen t in such form and containing such particulars and accompanied by su ch documents as may be determined by regulations. 13. (1) 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 continue any use of any particular land, before the date on which a final development plan comes into fo rce, which is not in conformity with the provisions of the regulatio ns or the final development plan, shall make an application in writing to the Ambaji Pilgrimage Tourism Authority for permission to retain or continue such use, containing such particulars and accompanied by such documents and such fees as may be determined by regulations, within six months from the date on which the final development plan in res pect of such Pilgrimage Tourism development area comes into force. (2) On or after the date on which the said period of six month s expires, no person shall retain or continue any such use of bui lding 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 (1) within a period of s ix months and no order has been made within a period of six months after the receipt of the applicat ion under said sub- section (1), he shall retain or continue such use until the date of such order. Application of permission for development. Permission for retention or continuance of use of any building or work or any use of land. PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 27-11 14. (1) On receipt of an application under section 12 or section 1 3, the Ambaji Pilgrimage Tourism Authority shall furnish the appli cant with a written acknowledgement of its receipt and after satisfying itself that the development charge, if any, payable by the applicant h as been paid and after making such inquiry as it thinks fit may, subjec t to the provisions of this Act, by order in writing- (i) grant the permission w ith or without any condition; or (ii) grant the permission, subject to any general or special or der made by the State Government in this behalf; or (iii)refuse to grant the permission. (2) Any permission under sub-sect ion (1) shall be granted in t he prescribed form and every order granting permission subject to conditions or refusing permissi on shall state the grounds for i mposing such conditions or for such refusal. (3) Every order made under sub-section (1) shall be communicated to the applicant in the manner prescribed by regulations. (4) If the Ambaji Pilgrimage Tourism Authority fails to communicate its order to the applicant within three months from the date of receipt of the application, such permission shall be deemed to have been granted to the applicant on the expiry of the said period of three months. 15. (1) If any person carries on any development work or retains the use of any building or work or continues the use of land in contrav ention of the provisions of section 12 or section 13 or of any permission granted under sub-section (1) of section 14, the Ambaji Pilgrimage Tour ism Authority may direct such person, by notice in writing, to stop further progress of such work or to discontinue any use and may, after making an inquiry in the prescribed manner, remove or pull down any bu ilding or work carried out and restore the land to its original condition or, as the case may be, take any measures to stop such use. (2) Any expenses incurred by the Ambaji Pilgrimage Tourism Authority under sub-section (1) sh all be a sum due to the Ambaj i Pilgrimage Tourism Authority under this Act from the person in default. 16. (1) Where permission for the retention or continuance or retention of use of building or work or land of the kind referr ed to in section 13 is refused or is granted subject to any conditions, then, if any 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, (b) 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, Grant or refusal of permission. Unauthorized construction. Obligation to purchase land on refusal of permission or grant of permission in certain cases. 27-12 GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 [ PART IV he may, within the time and in the manner determined by regulat ions, serve on the Ambaji Pilgrimage Tourism Authority a notice (hereinafter referred to as “a purchase notic e”) requiring the Ambaji Pilgri mage 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 Ambaji Pilgrimage Tourism Authority under sub-section (1), the Ambaji Pilgrimage 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 Ambaji Pilgrimage Tourism Authority shall be deemed to be authorized to acq uire the interest of the owner i n 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 a s the State Government may direct. (3) If the State Government does not confirm the purchase noti ce, 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 confirmed at the expiration of that period and the Ambaji Pilgrimage Tourism Authority on which the notice was served sha ll be deemed to be authorized to acquire the interest of the owner. 17. 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 shall lapse: Provided that, the Ambaji Pilgrimage Tourism Authority may, on an application from time to time, extend such period by a further 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 aforesaid shall not bar any subsequent application for fresh permission under this Act. 18. (1) If it appears to the Ambaji Pilgrimage Tourism Authority t hat 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 permi ssion granted under section 14 should be revoked or modified, the Amb aji Pilgrimage Tourism Authority may, after giving the person concerned an opportunity of being heard, by an order, revoke or modify the permission to such extent as appears to it to be necessary : Provided that where the per mission relates to the carrying out of any building or other operation, in or over any land, no such 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 expenditu re incurred in carrying out any development in accordance with suc h permission which has been rendered abortive by the revocation o r Lapse of permission. Power of revocation and modification of permission to development. PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 27-13 modification, the Ambaji Pilgrimage Tourism Authority shall, af ter giving the owner a reasonable opportunity of being heard, asses s and offer such compensation to the owner as it thinks fit. (3) If the compensation as offered under sub-section (2) is no t acceptable to the owner, he may prefer an appeal before the Dis trict 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, commences, undertakes or carries out development- (a) without any application for permission required under section 12; (b) which is not in accordance with any permission granted under section 13 or section 14 or is in contravention of any condition subject to which such permission has been granted; (c) after such permission has been duly revoked; or (d) 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 which 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 l and 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 comp ly with the terms and conditions under which the continuance of such us e is allowed, shall, on conviction, be punished with fine which may extend to fifty thousand rupees and in the case of a continuing offenc e, 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 s ub-section (1) of section 19, or any use of land or building or work is continued so as to constitute an of fence punishable under sub-section (2) of section 19, the Ambaji Pilg rimage 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 o f the notice,- (a) to restore the land or build ing to its condition existing before the said development took place, in cases specified in clause (a) or clause (c) of sub-section (1) of section 19; Penalty for unauthorized development or use or continuance or retention of the use without permission. Power to require removal of unauthorized development or use. 27-14 GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 [ PART IV (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 section19; (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 Ambaji Pilgrimage Tourism Authority shall also serve a notice on the occupier. (2) The notice under sub-section (1) may include the following, namely: - (a) the demolition or alteration of any building or work; (b) the carrying out on land of any building or other operations. (3) Any person aggrieved by such notice may, within the period specified in the notice, make representation to the Ambaji Pilg rimage Tourism Authority. (4) The Ambaji Pilgrimage 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: Provided that in case where the representation is not withdraw n fully, the Ambaji Pilgrimage Tourism Authority may grant a period not exceeding one month for the compliance of the matters which hav e not been withdrawn. (5) In case where the owner acts in breach of the provisions of sub- section (1) or in breach of the provisions of sub-section (4), as the case may be, the Ambaji Pilgrimage Tourism Authority may pass an appropriate order,- (a) to discontinue 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 as modified. (6) Whoever, contravenes clause (a) of sub-section (5) shall, o n conviction, be punished with fine which may extend to fifty tho usand 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 suc h offence continues after conviction for the first offence. 21. (1) Notwithstanding anything contained in this Chapter, where any person has carried out any development of a temporary nature in any of the circumstances referred to in sub-section (1) of section 20, so as to constitute an offence punishable under that section, the Ambaji Pilgrimage Tourism Authority may, by an order in writing, direc t such Removal of unauthorized, temporary development summarily. PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 27-15 person to remove any structure or work erected within fifteen days of the receipt of such order, and if thereafter, the person does not c omply with the said order, the Ambaji Pilgrimage Tourism Authority may direct the Superintendent of Police, Banaskantha District to have such structure or work summarily removed without a ny notice and thereupon any su ch structure or work shall be summarily removed. (2) The decision of the Ambaji Pilgrimage Tourism Authority on the question as to what is devel opment of a temporary nature sh all be final. 22. Any expenses incurred by the Ambaji Pilgrimage Tourism Authority under section 20 or section 21 shall be a sum due to the Ambaji Pilgrimage Tourism Authority under this Act from the person in default or the owner of the land or the building. 23. (1) Where the Central Government or a State Government intends to carry out development of any land for any purpose of t h e Government or for carrying out any operational construction, th e concerned Department shall inform in writing the Ambaji Pilgrim age Tourism Authority of its intention to do so, giving full particulars thereof, and accompanied by such documents and plans as may be prescribe d at least thirty days before undertaking such development or construction. (2) Where the Ambaji Pilgrima ge 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 prepara tion, or development plan already sanctioned, or of any building bye-laws in force for the time being, or for any other material consideration, the concerned Department shall- (i) either make necessary modifications in the proposals for development to meet the objections raised by the Ambaji Pilgrimage Tourism Authority; or (ii) submit the proposals for development together with the objections raised by the Ambaji Pilgrimage Tourism Authority to the State Government for decision. (3) The State Government on receipt of the proposals for development together with the objections of the Ambaji Pilgrima ge Tourism Authority shall, either approve the proposals with or w ithout modifications or direct the department to make such modifications in the proposals as it considers necessary in the circumstances. (4) Where the Ambaji Pilgrimage Tourism Authority intends to carry out development of land for its own purpose in the exerci se 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 t o developments carried out under this section. Recovery of expenses incurred. Development under taken on behalf of Government and Ambaji Pilgrimage Tourism Authority . 27-16 GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 [ PART IV CHAPTER VII PILGRIMAGE TOURISM AREA PROTECTION AND MAINTENANCE 24. The District Police shall assist the officers or any other per sons authorized to discharge any of the provisions for enforcement of this Act particularly in respect of the following, namely:- (i) for the better protection and security of the public proper ty within the Pilgrimage Tourism development area including prevention of encroachments and removal thereof; (ii) for aiding the officers of the Ambaji Pilgrimage Tourism Authority in the detection and investigation of any matter relating to leakage of revenue or any amount payable to the Ambaji Pilgrimage 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. 25. The State Government may, by notification in Official Gazette , appoint any officer to be a Presc ribed Authority for the Pilgri mage Tourism development area. 26. Notwithstanding anything contai ned in any other law for the ti me being in force, or any instrument, contract or usage or any ord er, judgment or decree of any court, no person, company, association or firm or any other body shall cause any nuisance within the Pilgrimag e Tourism development area. 27. (1) The Prescribed Authorit y, either on its own motion or upon a complaint received or upon reference made to him, may, by an or der in writing and without giving any prior notice, prohibit any nuisance being caused or prevent any such activity, process, operation being carried out, if in his opinion, the same has damaged or deteriorated or is l ikely to damage or affect adversely to pilgrimage tourism potentiality o f the Pilgrimage Tourism development area, and pass such interim orders as it deems fit. (2) If, in the opinion of the Prescribed Authority, despite th e actions taken by him under sub- section (1) a nuisance is conti nued, he shall issue notice to the person responsible for such nuisance to remove such nuisance forthwith. (3) If the concerned person fa ils to comply with the direction s under sub-section (1), 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 arrear of land revenue from the person who has caused such nuisance. District police to assist Ambaji Pilgrimage Tourism Authority . Appointment of Prescribed Authority. Prevention of nuisance. Power of Prescribed Authority to prohibit nuisance. PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 12-10-2020 27-17 (5) Any property, thing, material or object, which is a nuisan ce 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, s hall 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 Pilgrimage Tourism development area commit or cause to commit or attempt to commit any act of touting or malpractice against any pilg rim or engage in begging or in unauthorized hawking at any pilgrimage tourist destination and shall be dispersed by any personnel authorized by the Ambaji Pilgrimage Tourism Authority; (2) Whoever contravenes the provisions of sub-section (1) shal l, on conviction, be punishable with imprisonment for a term which may extend to one month or with fine which may extend to five thous and rupees or with both. CHAPTER VIII LICENSING, REGISTRATION, RECOGNITION AND GRADING OF PILGRIMAGE TOURISM TRADE RELATED ACTIVITIES 29. The Ambaji Pilgrimage Tourism Authority shall regulate every category of tourism trade in the Pilgrimage tourism development area by registering, recognition and grading in accordance with the pro cedures as determined by Ambaji Pilgrimage Tourism Authority. 30. (1) The Ambaji Pilgrimage Tourism Authority may, for the Pilgrimage Tourism development area, from time to time, appoint a s many tourist guides as required and specify their functions. (2) The Ambaji Pilgrimage Touris m Authority shall appoint the tourist guides in the manner as may be determined by it. (3) The Ambaji Pilgrimage Tourism Authority shall issue necessary license to the tourist guides containing t
Excerpt shown. Open the full act in Lexace.