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The Gandhidham (Development and Control on Erection of Buildings) Act, 1957

Gujarat · state statute
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The Gandhidham (Development and Control on Erection of Buildings) Act, 1957 
 
 
 
Government of Gujarat 
 
 
 
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT 
 
 
 
Bombay Act No. XIX of 1958 
 
 
 
 
 
 
 
 
The Gandhidham (Development and Control on Erection of Buildings) Act, 1957 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(As modified up to the 31st May, 2012) 
[1958 : Bom. XIX     Gandhidham (Development and Control on Erection of Buildings) Act, 1957 
 
 
 
THE GANDHIDHAM (DEVELOPMENT AND CONTROL ON ERECTION OF 
BUILDINGS) ACT, 1957 
 
CONTENTS 
 
PREAMBLE. 
 
SECTIONS.         
 
 
1. Short title, extent and commencement. 
 
2. Definitions. 
 
3. Constitution and composition of Gandhidham Development Authority. 
 
4. Procedure and authentication of order, etc., of Authority. 
 
5. Vacancy or defect in constitution of Authority. 
 
6. Power to issue directions in respect of Gandhidham. 
 
7. Control of development and building operations in Gandhidham. 
 
8. Application for permission. 
 
9. Prohibition of use of any land as brick-field etc. without licence. 
 
10. Bar of compensation. 
 
11. Power of entry on building or land. 
 
12. Order of demolition of building in certain cases. 
 
13. Penalties. 
 
14. Jurisdiction of courts. 
 
15. Previous sanction of authority or Officer authorise by it for prosecution. 
 
16. Magistrate's powers to impose enhanced penalties. 
 
17. Power to delegate. 
 
18. Right of Appeal. 
 
18A. Compounding of offences. 
 
19. Constitution of Board of Appeal. 
 
20. Officer appointed by authority to assist Board in advisory capacity. 
 
21. Place where Board may sit. 
 
22. Right to appear by recognised agent. 
 
23. Decision of questions of law and other questions. 
 
24. Powers of Board to decide matters finally. 
 
25. Board not to be court. 
 
26. Remuneration of Assessors. 
27. Decision of Authority to be final in certain matters. 
1958 : Bom. XIX]     Gandhidham (Development and Control on Erection of Buildings) Act, 1957 
 
3 of 13 
 
SECTIONS.         
 
27A. Member, officer and employee of Authority to be public servant. 
 
28. Protection of action taken in good faith. 
 
29. Effect of provisions of Act inconsistent with other enactments and 
instruments. 
 
30. Savings. 
 
31. Powers to make regulations. 
 
SCHEDULE. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
[1958 : Bom. XIX     Gandhidham (Development and Control on Erection of Buildings) Act, 1957 
 
BOMBAY ACT No.XIX OF 1958.1 
 
[THE GANDHIDHAM (DEVELOPMENT AND CONTROL ON ERECTION OF 
BUILDINGS) ACT, 1957.] 
[13th February, 1958] 
 
ADAPTED AND MODIFIED BY THE GUJARAT ADAPTATION OF LAWS (STATE AND 
CONCUREENT SUBJECTS) ORDER, 1960. 
 
Amended by Guj.35 of 1961. 
Amended by Guj.12 of 1966. 
Amended by Guj.1 of 1999. 
 
An Act to provide for the development of Gandhidham for, the control on 
erection of buildings therein, and for certain other matters. 
 
WHEREAS it is expedient to provide for the development of Gandhidham, 
for the control on erection of buildings therein and, for certain other matters; It is 
hereby enacted in the Eighth Year of the Republic of India as follows:— 
 
1. (1)This Act may be called the Gandhidham (Development and Control on 
Erection of Buildings) Act, 1957. 
 
(2)It extends to the whole of Gandhidham in the Kutch area of the 2[State of 
Gujarat]: 
 
Provided that the State Government may, at any time by notification 
in the Official Gazette, direct that all or any of the provisions of this Act shall 
cease to extend, on such date as may be specified in the notification, to any 
area in Gandhidham; and on that date the said provisions shall cease to extend 
to, and to be in force in, such area, except as respects things done or omitted 
to be done before s uch cesser of operation of this Act in such area, and 
section 7 of the Bombay General Clauses Act, 1904, shall apply upon such 
cesser of operation in such area as if it had been then repealed by a Bombay 
Act. 
 
(3) It shall come into force on such date as t he State Government may, by 
notification in the Official Gazette, appoint. 
 
2. In this Act, unless the context otherwise requires— 
 
(a) "amenity" includes roads, water supply, street lighting, drainage, 
sewerage, public parks and any other con venience which the Authority may, 
by notification in the Official Gazette, specify to be an amenity for the 
purposes of this Act ; 
 
(b) "Authority" means the Gandhidham Development Authority consti tuted 
under section 3 ; 
 
(c) "building" means a house, hut, shed or other roofed structure, for what  
soever purpose and of whatsoever material constructed and every part thereof 
and shall include any wall, under -ground room or passage, verandah, fixed 
plat form, plinth, staircase or doorstep, attached to or within the compound of 
an existing building or constructed on ground which is to be site or compound 
of a projected building but shall not include a tent or other such portable  
temporary structure erected on ceremonial or festive occasions ; 
 
(d) "develop ment" with its grammatical variations and cognate expressions, 
means the carrying out of building, engineering, mining or other operations 
in, on, over or under land, or the making of any material change in any 
buildings or land or in the use thereof; 
 
(e) "erection of any building" with its grammatical variations and cognate 
expressions includes— 
 
(i) any material alteration or enlargement of any building; 
 
Short title, extent 
and commence-
ment. 
Bom.I of 1904. 
Definitions. 
1958 : Bom. XIX]     Gandhidham (Development and Control on Erection of Buildings) Act, 1957 
 
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(ii) the conversion by structural alteration into a place for human 
habitation of any building not originally constructed for human 
habitation ; 
 
(iii) the conversion into more than one place for human habitation of a 
building originally constructed as one such place; 
 
(iv) the conversion of two or more places of human habitation into a 
greater number of such places; 
 
(v) such alterations of a building as affect its drainage or sanitary 
arrangements or materially affect its security ; 
 
(vi) the addition of any rooms, buildings, out -houses or other 
structures to any building ; and 
 
(vii) the construction  in a wall adjoing any street or land not 
belonging to the owner or ,the wall of a door opening on to such street 
or land ; 
 
(f) "Gandhidham" means the area in the Kutch district lying within the 
boundaries described in the Schedule ; 
 
(g) "owner" includes  a person for the time being receiving or entitled to 
receive the rent, or a part of the rent, of any land or building, whether on his 
own account or as trustee or as agent or as receiver appointed by or under 
order of a court, or who would so receive the rent or be entitled to receive it if 
the building or land were let to a tenant; 
 
(h) "prescribed "means prescribed by regulations made under this Act ; 
 
(i) "road" includes any street, square, court, alley or passage, whether a 
thoroughfare or not, over which the public have a right of way. 
 
3.  (1)The State Government shall, as soon as may be, after the commence ment 
of this Act, constitute for the purpose of this Act an authority to be call ed the 
Gandhidham Development Authority. 
 
(2) The Authority shall consist of the following members namely:— 
 
(a) the District Magistrate, Kutch, ex-Offcio ; 
 
(b) the District Public Health Officer, Kutch, ex-officio ; 
 
(c) five non-official members nominated by the State Government ; 
 
(d) not more than three persons as may be nominated by the Central 
Government. 
 
(3) The Chairman and the Secretary of the Authority shall be nominated by 
the State Government. 
 
3[(4) (a) The Chairman, Secretary and the members other than ex -officio 
members, of the Authority nominated by State Government shall hold 
office during the pleasure of the State Government; 
 
(b) The members nominated by the Central Government under clause 
(d)of sub section (2) shall hold office du ring the pleasure of the 
Central Government.] 
 
4[(4A) The Chairman, the members other than members ex -officio and the 
Secretary of the Authority shall receive such emoluments as may be 
prescribed.] 
 
(5) The Authority may, with the previous sanction of the State Government, 
appoint such officers, and clerical and other staff, as the Authority considers 
necessary. 
Constitution and 
composition of 
Gandhidham 
Development 
Authority. 
[1958 : Bom. XIX     Gandhidham (Development and Control on Erection of Buildings) Act, 1957 
 
 
4. (1)The number of members necessary to form a quorum, and the procedure to 
be followed by the Authority in the conduct of its business, shall be such as 
may be prescribed. 
 
(2) All action taken by the Authority shall be expressed to be taken in the 
name of the Authority and orders and other instruments made and executed in 
name of t he Authority shall be authenticated in such manner as may be 
prescribed, and the validity of an order or instrument which is so 
authenticated shall not be called in question on the ground that it is not an 
order or instrument made or executed by the Authority. 
 
5[(3) The Authority may have and use such official seal as may be 
prescribed.] 
 
5.  No act of the Authority shall be called in question on the ground only of the 
existence of any vacancy in, or any defect in the constitution of the Authority. 
 
6. (1) The Authority with a view to the proper laying out of land, the prevention 
of haphazard erection of building and growth of sub -standard colonies and 
generally with a view to developing and expanding Gandhidham according to 
proper planning may, by notification in the Official Gazette, issue in relation 
to Gandhidham or any area thereof, such directions as it may consider 
necessary. 
 
(2) Without prejudice t o the generality of the foregoing power, but regard 
being had to the objects therein mentioned, the Authority may, in particular, 
issue direc tions in relation to all or any of the following matters, that is to 
say,— 
 
(a) the division or sub -division of an y site into plots for the erection 
of buildings, and the manner in which such plots may be alloted to 
intending purchasers or lessees; 
 
(b) the allotment or reservation of land for roads, open spaces, 
gardens, recreation grounds, schools, markets and other public 
purposes; 
 
(c) the development of any site into a colony and the restrictions and 
conditions subject to which such development may be undertaken or 
carried out ; 
 
(d) the erection of buildings on any site and the restrictions and 
conditions in regard to the open spaces to be maintained in or around 
buildings, and the heights and character of buildings ; 
 
(e) the alignment of buildings on any site ; 
 
(f) the architectural features of the elevation or frontage of any 
buildings to be erected on any site ; 
(g) the number of residential buildings which may be erected on any 
site ;  
(h) the amenities to be provided in relation to any site or buildings on 
such site, whether before or after the erection of buildings, and the 
person or authority by whom such amenities are to be provided ; 
 
(i) the prohibition or restrictions regarding erection of shops, 
workshops, ware -houses or factories or buildings of a specified 
architectural feature or buildings designed for particular purposes in 
any locality; 
 
(j) the regulation of use of any land for purposes of charcoal -kiln, 
pottery-kiln or lime-kiln or brick field or brick-kiln ; 
 
(k) the maintenance of walls, fences, hedges or any other structural or 
architectural construction and the height at which they shal l be 
maintained ; 
Procedure and 
authentication of 
order, etc., of 
Authority. 
Vacancy or defect 
in constitution of 
Authority. 
Power to issue 
directions in respect 
of Gandhidham. 
1958 : Bom. XIX]     Gandhidham (Development and Control on Erection of Buildings) Act, 1957 
 
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(l) the restriction regarding the use of any site for purposes other than the 
erection of buildings ; and 
 
(m) any other matter, which in the opinion of the Authority, is necessary 
for the proper planning of Gandhidham and for preventing  buildings 
being erected haphazardly therein. 
 
(3) Before a direction is issued under this section, the Authority shall by notice in 
the Official Gazette, and advertisement in any newspaper circulating in the 
locality and also by notice affixed at some con venient place in that locality, 
inform all persons interested of the intention to issue such a direction, and invite 
objections thereto within a period therein specified, being a period not less than 
one month from the date of publication of intention in t he Official Gazette as 
aforesaid. When the Authority has considered all the objections to the proposal to 
issue a direction, the Authority shall decide whether to issue the direction with or 
without modification, or whether not to issue it; and if it is d ecided to issue the 
direction then the direction shall be published in the Official Gazette as provided 
in sub-section (1). 
 
7.  No person shall undertake or carry out the development of any site in Gandhi -
dham, or erect any building or make or extend any excavation, or lay out any 
means of access to a road in Gandhidham, except in accordance with the 
directions issued under section 6 and with the previous permission of the 
Authority in writing. 
 
8. (1) Every person desiring to obtain the permission referred to in section 7 shall 
make an application writing to the Authority in such form, and on payment of 
such fee, and containing such information, as may be prescribe d in respect of the 
development, building, excavation or means of access t o which the application 
relates: 
 
6[Provided that no fee shall be payable where the application is made by 
an officer or a department of Government.] 
 
(2) On receipt of such application the Authority, after making such inquiry 
considers necessary in relation to any direction issued under section 6 or in 
relation to any other matter, shall, by order in writing, either grant the 
permission, subject to such conditions, if any, as  may be specified in the order or 
refuse to grant such permission. 
 
(3) Where permission is refused, the grounds of such refusal shall be 
communicated to the applicant in the prescribed manner. 
 
9. (1) No land within Gandhidham shall be used for the purposes of a charcoal - 
kiln, pottery-kiln or time-kiln, and no land within Gandhidham shall be used for 
the purposes of a brick-field or brick -kiln except in accordance with the 
directions issued under clause (j) of sub-section (2) of section 6 and under and in 
accordance with the conditions of, a licence from the authority, which may be 
renewed annually. 
 
(2) Every person desiring to obtain or renew a licence under sub -section (1) shall 
make an application to the Authority in such form and containing such 
information as may be prescribed. 
 
(3) On receipt of an application under sub-section (2), the Authority after making 
such inquiry as it considers necessary in relation to any direction issue d under 
section 6 or in relation to any other matter, shall, by order in writing, either grant 
the licence subject to such conditions in respect thereof and on payment of such 
fee as may be prescribed, or refuse the licence. 
 
(4) Where the licence is refus ed, the grounds of such refusal shall be communi -
cated to the applicant in the prescribed manner. 
 
10.  No compensation shall be claimed by any person for damage or loss sustain ed 
 or alleged to have been sustained by him in consequence of— 
 
 
Control of 
development 
and building 
operations in 
Gandhidham. 
Application 
for 
permission. 
Prohibition 
of use of any 
land as brick-
field, etc., 
without 
licence. 
Bar of 
compensation 
[1958 : Bom. XIX     Gandhidham (Development and Control on Erection of Buildings) Act, 1957 
 
(a) any order made by the Authority under sub-section (2) of section 8 or sub-
section (3) of section 9 ; or 
 
(b) anything which is in good faith done or intended to be done under this 
Act. 
 
11. The Authority may authorise any person to enter into or upon any site of building 
with or without assistants or workmen, for the purpose of— 
 
(a) making any inquiry, inspection, measurement or survey, or taking levels 
of such site or building ; 
 
(b) examining works under construction or ascertaining the course of sewers 
or drains ; 
 
(c) ascertaining whether any site is being or has been developed, or any build-
ing is being or has been erected, in contravention of any direction issued 
under section 6 or without the permission referred to in section 7 or in 
contravention of any condition subject to which such permission has been 
granted ; or 
 
(d) ascertaining whether any land is being or has been used for the purposes 
of a charcoal -kiln, pottery -kiln or lime -kiln without a licence or in 
contravention of any condition subject to whic h such licence has been 
granted: 
 
Provided that no entry shall be made except between the hours of sun-
rise and sun -set and without giving not less than twent y-four hours written 
notice to the occupier, or if there be no occupier, to the owner of the building 
or land. 
 
12. (1)Where the Authority is satisfied that the erection of any building has been 
commenced, or is being carried on, or has been continued in contravention of 
any direction issued under section 6 or without the permission referred to in 
section 7 or in contravention of any condition subject to which such 
permission has been granted, the Authority may make an order directing  that 
such erection shall be demolished by the owner thereof within such period not 
exceeding two months, and on the failure of the owner to comply with the 
order, the Authority may itself cause the erection to be demolished and the 
expenses of such demolition shall be recoverable from the owner in the same 
manner as an arrear of land revenue: 
 
Provided that before causing such erection to be demolished, the 
Authority shall make a reference 7[ to the District Judge, Kutch, who shall 
constitute a Board of Appeal under section 19 for deciding the reference]. The 
Board shall after giving notice to the owner and after giving him reasonable 
opportunity to show cause why the erection should not be demolished, 
confirm, modify or cancel the order of demolition. The decision of the Board 
shall be conclusive, and shall not be liable to be questioned in any suit in a 
civil court or any proceeding in a criminal court. 
 
(2) The order directing the demolition of any erection made under sub-section 
(1) shall not prevent the  infliction of any punishment to which the person 
affected thereby is liable under section 13 or any other law for the time being 
in force. 
 
13. (1) Any person who— 
 
(a) undertakes or carries out the development of any site or erects any 
building or makes or extends any excavation or lays out any means of 
access to a road in contravention of any direction issued under section 
6 or without the permission referred to in section 7 or in contravention 
of any condition subject to which such permission  has been granted, 
or 
 
(b) uses any land in contravention of the provisions of sub -section (1) 
of section 9, 
Power of entry on 
building or land. 
Order of demolition 
of building in 
certain cases. 
Penalties. 
1958 : Bom. XIX]     Gandhidham (Development and Control on Erection of Buildings) Act, 1957 
 
9 of 13 
 
shall be punished with fine which may extend to ten thousand rupees and in 
the case of a continuing offence with a further fine which may extend t o five 
hundred rupees for every day during which such offence continues after 
conviction for the first commission of the offence. 
 
(2) Any person who obstructs the entry of a person authorised under section 
11 to enter into or upon any building site or land, or molests such person after 
such entry shall be punished with fine which may extend to one thousand 
rupees. 
 
(3) If the person committing an offence under this Act is a company, every 
person who, at the time the offence was committed was in charges of , and 
was responsible to, the company for the conduct of the business of the 
company, as well as the company, shall be deemed to be guilty of the offence 
and shall be liable to be proceeded against and punished accordingly: 
 
Provided that nothing contained  in this sub -section shall render any 
such person liable to any punishment provided in this Act, if he proves that 
the offence was committed without his knowledge, or that he exercised all 
due diligence to prevent the commission of such offence. 
 
(4) Notwithstanding anything in sub -section (3), where an offence under this 
Act has been committed by a company and it is proved that the offence has 
been committed with the consent or connivance of, or is attributable to, any 
neglect on the part of, any director or manager, secretary or other officer of 
the company, such director, manager, secretary or other officer shall also be 
deemed to be guilty of that offence and shall be liable to be proceeded against 
and punished accordingly. 
 
Explanation.—For the purposes of this section,— 
(a) "company" means a body corporate and includes a firm or other 
association of individuals ; and 
 
(b) "director" in relation to a firm, means a partner in the firm. 
 
14. No court inferior to that of a magistra te of the first class shall try offence 
punishable under this Act. 
 
15. No prosecution for any offence punishable under this Act shall be instituted 
except with the previous sanction of the Authority or an Officer authorised by the 
Authority in this behalf. 
 
16. Notwithstanding anything contained in section 32 of the Code of Criminal 
Procedure, 1898, it shall be lawf ul for any court of a magistrate of the first class to 
pass any sentence authorised by this Act in excess of its powers under the said 
section. 
 
17. The Authority may, by notification in the Official Gazette, direct that any power 
exercisable by it under this Act may also be exercised in such cases and subject to 
such conditions (if any), as may be specified in the notification, by such Officer being 
an officer not below the rank of a Deputy Collector or Assistant Collector as may be 
mentioned therein. 
 
18. Any person aggrieved by any direction issued by the Authority under section 6 or 
by an order of the Authority under sub-section (2) of section 8 or of sub-section (3) of 
section 9 may, within thirty days from the date of the issue of such direction or as the 
case may be, from the date of communication of such order to him 8[present an 
appeal to the District Judge, Kutch, who shall constitute a Board of Appeal under 
section 19 for deciding the appeal]. 
 
9[18A.(1) The Authority or any person authorised by the Authority by a general or 
special order in this behalf may, either before or after the institution of  
proceedingsfor any offence punishable under this Act, accept from any  
person charged with such offence a sum not exceeding ten thousand rupees 
by way of composition of the offence. 
Jurisdiction of 
courts. 
Previous sanction 
of Authority or 
Officer authorised 
by it for 
prosecution. 
V of 1898. 
Magistrate's powers 
to impose enhanced 
penalties. 
Power to delegate. 
Right of Appeal. 
Compounding of 
offences. 
[1958 : Bom. XIX     Gandhidham (Development and Control on Erection of Buildings) Act, 1957 
 
 
(2) On payment of such sum as may be determined by the Authority or, as the 
case may be, the person so authoris ed, no further proceedings shall be taken 
against the accused person in respect of the same offence.] 
 
19. (1)The Board of Appeal shall consist of a President and two Assessors. 
 
(2) The President shall be the District Judge, Kutch. 
 
(3) The President shall appoint fit and proper persons as Assessors. 
 
10[(4) The President and the Assessors shall be members of the Board of 
Appeal for such period as may be required by such Board to decide a 
reference under the proviso to sub-section (1) of section 12 or an appeal under 
section 18.] 
 
(5) The State Government  may, if it thinks fit, remove for incompetence or 
misconduct or any other good and sufficient reason an Assessor appointed 
under sub-section (3). 
 
(6) If any Assessor is removed or dies or refuses or neglects to act or becomes 
incapable of acting, the Pre sident shall appoint forthwith a fit and proper 
person to take the place of such Assessor. 
 
20. An Officer appointed by the Authority in that behalf, shall be present at the 
proceedings before the Board of Appeal. He shall not be required to give evidence in 
such proceedings but the President may require him to assist the Board in any 
advisory capacity. 
 
21. The Board of Appeal may sit either at the headquarters of the President or at any 
other place in Gandhidham which he may deem convenient for the considera tion, and 
decision of any matter before such Board. 
 
22. Every party to any proceeding before the Board of Appeal shall  be entitled to 
appear either in person or by this recognised agent. 
 
23. All questions of law and procedure shall be decided by the President. All other 
questions shall be decided by the President and the two Assessors, or by a majority of 
them. 
 
24. (1) After making such inquiry, as it may think fit, the Board of Appeal may 
either direct the Authority to reconsider its proposals, or accept, modify or 
vary the dire ction or order of the Authority, and shall decide all matters 
arising out of such direction or order of the Authority. 
 
(2) Every decision of the Board of Appeal shall be conclusive and binding on 
all persons and shall not be liable to be questioned in any suit in a Civil Court. 
 
25. Nothing contained in this Act shall be deemed to constitute the Board of Appeal 
to be a Court. 
 
26. The Assessors shall, save where they are salaried Government Officers, be 
entitled to such remuneration, either by way of monthly salary or by way of fees if 
partly in one way and partly in the other, as the State Government may, from time to 
time, determine. 
 
27. Where no appea l has been made under section 18, the direction issued by the 
Authority under section 6 or its order under sub -section (2) of section 8 or under sub-
section (3) of section 9, shall be final and binding on the parties. 
 
11[27A. Every member and every officer and other employee of the Authority shall be 
deemed to be a public servant within the meaning of section 21 of the Indian Penal 
Code.] 
 
28. No suit, prosecution or other legal proceeding shall lie against the State 
Government or any person for anything which is in good faith done or intended to be 
done under this Act, or the regulations made thereunder. 
Constitution of 
Board of Appeal. 
Officer appointed 
by authority to 
assist Board in 
advisory capacity. 
Place where Board 
may sit. 
Right to appear by 
recognised agent. 
Decision of 
questions of law 
and other questions. 
Powers of Board to 
decide matters 
finally. 
Board not to be 
Court. 
Remuneration of 
Assessors. 
Decision of 
Authority to be 
final in certain 
matters. 
Member, officer 
and employee of 
Authority to be 
public servant. 
XLV of 1860. 
Protection of action 
taken in good faith. 
1958 : Bom. XIX]     Gandhidham (Development and Control on Erection of Buildings) Act, 1957 
 
11 of 13 
 
29. The provisions of this Act shall have effect notwithstanding anything inconsi stent 
therewith contained in any other law or in any instrument having effect other  wise 
than by virtue of this Act. 
 
30. Nothing in this Act shall apply to— 
 
(a) the carrying out of works for the maintenance, improvement or other 
alteration of any building, being works which affect only the interior of the 
buildings but not its drainage or sanitary arrangements or its security or which 
do not materially affect the external appearance of the building ; 
 
(b) the carrying out by the Government or local authority in Gandhidham of 
any work for the purpose of inspecting, repairing or renewing and sewers, 
mains, pipes, cables or other apparatus, including the breaking open of any 
street or other land for that purpose ; 
 
(c) the erection of a building not being a dwelling house if such building is 
required for purposes subservient to agriculture ; 
 
(d) the erection of buildings upon land included in the inhabitated site of any 
village with in the meaning of the Bombay Land Revenue Code, 1879, as 
applied to the Kutch area of the 12[ State of Gujarat]. 
 
(e) excavations (including wells) made by Government or any local authority 
in the ordinary course of agricultural operations, or for the purpose of laying, 
making, altering, repairing or renewing any sewer, drain or water course for 
supplying water for drinking; 
 
(f) the construction of unmetalled roads intend ed to give access to land solely 
for agricultural purposes ; and 
 
(g) any area within the limits of the major port of Kandla defined or altered, 
as the case may be under the Indian Ports Act, 1908, being an area owned or 
occupied for the purposes of that port by the Central Government. 
 
31. (1) The Authority, with the previous approval of the State Government may, 
by notification in the Official Gazette, make regulations to carry out the pur -
poses of this Act: 
 
Provided that the State Government may make the first regulations 
under this section and any regulations so made may be altered or rescinded by 
the Authority in exercise of the powers conferred by this section. 
 
(2) In particular, but without prejudice to the generality of the foregoing 
power, such regulations may provide for all or any of the following matters, 
namely :— 
 
(a) the summoning and holding of meeting of the Authority, the time 
and place where such meetings are to be held, the procedure to be 
followed by the Authority, the conduct of all business to be transacted 
by the Authority and the number of the members necessary to form a 
quorum; 
 
13[(aa) the emoluments p ayable to the Chairman, members  and the 
Security of the Authority;] 
 
14[(b) the official seal of the Authority;] 
 
(c) the form in which an application for permission under sub -section 
(1) of section 8 and an application for licence under sub-section (2) of 
section 9 shall be made and the information to be furnished in such 
application; 
 
(d) the fee to be charged for an application under section 8; 
 
Effect, of provisions 
of Act inconsistent 
with other enact-
ments and 
Instruments. 
Savings. 
Bom. V of 1879 
XV of 1908 
Powers to make 
regulations. 
[1958 : Bom. XIX     Gandhidham (Development and Control on Erection of Buildings) Act, 1957 
 
(e) the fee to be charged for the grant and renewal of licences under 
section 9 and the conditions governing such licences; 
 
(f) the manner in which notice under this Act may be served; 
 
(g) the regulation of the laying out of means of access to roads; 
 
(h) the principles under which applications for permission or licence 
under this Act may be granted; 
 
(i) the officers to whom powers may be delegated under section 17; 
and 
 
(j) any other matter which has to be, or may be, prescribed. 
 
15[(3) All regulations made under this section shall be laid for not less than 
thirty days before the State Legislature as soon as possible after they are 
made, and shall be subject to rescission by the State Legislature or to such 
modifications as the State Legislature may make during the session in which 
they are so laid or the session immediately following. 
 
(4) Any rescission or modifications so made by the State Legislature shall be 
published in the Official Gazette and shall thereupon take effect.] 
 
SCHEDULE 
 
(See section 2 (f) ) 
 
Gandhidham comprised in the area bounded as follows :— 
 
On the South —by the coast line of the Gulf of Kutch starting from the 
Kandla Creek up to a position to the West at a dist ance of 13 miles from the New 
Kandla Port. 
 
On the West—by a line drawn in circle at a distance of 13 miles from the new 
Kandla port starting from the coast line of the Gulf of Kutch up to a position North 
latitude 23-8' and East longitude 70-7'. 
 
On the North—by a line drawn from position North latitude 23 -8' East 
longitude 70-7' Nalong North latitude 23-8' to East longitude 70-15'. 
 
On the East. —by a line drawn from position North latitude 23 -8' and East 
longitude 70 -15' along East longitude 70 -15' towa rds South meeting the Western 
bank of the Kandla Creek and then along Kandla Creek up to the coast line of the 
Gulf of Kutch. 
 
 
 
 
 
 
------------------- 
 
 
 
 
                                                           
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1957, Part V, Pages 
163-164. 
2 These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of 
Laws (State and Concurrent Subjects) Order, 1960. 
3 Sub-section (4) was substituted by Guj. 1 of 1999, s.3, sch., sr. No. 2. 
4 Sub-section (4A) was inserted by Guj 12 of 1966, s.2. 
5 Sub-section (3) was inserted, by Guj 12 of 1966, s.3. 
6 This proviso was added, by Guj. 35 of 1961, s. 2. 
7 These words and figures were substituted for the words and figures "to the Board of Appeal 
constituted under section 19" by Guj. 35 of 1961, s. 3. 
8 These words and figures were substituted for the words and figures "appeal to a Board of Appeal 
under section 19" by Guj. 35 of 1961, s. 4. 
1958 : Bom. XIX]     Gandhidham (Development and Control on Erection of Buildings) Act, 1957 
 
13 of 13 
                                                                                                                                                               
9 Section 18A was inserted by Guj. 12 of 1966, s.4. 
10 Sub-section (4) was substituted for original by Guj. 35 of 1961, s.5. 
11 Section 27A was inserted by Guj. 12 of 1966, s.5. 
12 These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of 
Laws (State and Concurrent Subjects) Order, 1960. 
13 Clause (aa) was inserted by Guj. 12 of 1966, s.6(1) (i). 
14 Clause (b) was substituted by Guj 12 of 1966, s.6(1) (ii). 
15 Sub-sections (3) and (4) were substituted for sub-section (3), by Guj 12 of 1966, s.6(2). 

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