The Gandhidham (Development and Control on Erection of Buildings) Act, 1957
Gujarat · state statute
Open in Lexace · Ask the AI about this actThe 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
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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
5 of 13
(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.
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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).
Lex