LexThe Gujarat Town Planning And Urban Development Act, 1976
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND
PARLIAMENTARY AFFAIRS DEPARTMENT
PRESIDENT'S ACT NO. 27 Of 1976
The Gujarat Town Planning And Urban
Development Act, 1976
(As modified upto the 30th April, 2010)
[ Price Rs. ]
2011
PRINTED IN INDIA BY THE MANAGER; GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, PUBLICATIONS AND STATIONERY, GUJARAT STATE,
GANDHINAGAR
GOVERNMENT OF GUJARAT
LEGISLATIVE AND
PARLIAMENTARY AFFAIRS DEPARTMENT
PRESIDENT'S ACT NO. 27 Of 1976
The Gujarat Town Planning And Urban
Development Act, 1976
(As modified upto the 30th April, 2010)
[ Price Rs. ]
2011
PRINTED IN I NDIA BY THE MANAGER; GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, PUBLICATIONS AND STATIONERY, GUJARAT STATE,
GANDHINAGAR
©
2011
GOVERNMENT CENTRAL PRESS, GANDHINAGAR
THE GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT
ACT, 1976
CONTENTS
PREAMBLE.
Sections. Page No.
CHAPTER I.
PRELIMINARY.
1. Short title, extent and commencement. 1
2. Definitions. 1
CHAPTER II.
DEVELOPMENT AREA AND CONSTITUTION OF AREA DEVELOPMENT AUTHORITIES.
3. Declaration of development area. 4
4. Exclusion of whole or part of development area from operation of Act. 4
5. Constitution of area development authority. 5
6. Power to designate a local authority as Area Development Authority. 6
6-A. Power to designate Government Company as an Area Development Authority. 7
6-B. Power of Collector of suspend execution of order etc. of appropriate authority. . 7
7. Powers and functions of area development authority.
8. Expenses of area development authority. 8
9. Development plan. 8
10. Copy of draft development plan to be open for public inspection. 8
11. Manner of preparation of draft development plan. 8
12. Contents of draft development plan. 9
13. Publication of draft development plan. 10
14. Suggestions or objections to draft development plan to be considered. 10
15. Modifications made after publication of draft development plan. 10
16. Submission of draft development plan to the State Government for sanction. 10
17. Power of State Government to sanction draft development plan. 11
18. Extension or reduction of development plan. 12
19. Variation of final development plan. 12
20. Acquisition of land. 13
21. Revision of development plan. 13
(i)
Gujarat Town Planning and Urban
Development Act, 1976
[Presi : Act No. 27 of 1976
CHAPTER III.
DECLARATION OF URBAN DEVELOPMENT AREAS AND
CONSTITUTION OF URBAN DEVELOPMENT AUTHORITIES.
Sections. Page No.
22. Declaration of urban development area and constitution of urban development authority. 14
23. Powers and functions of urban development authority. 15
23-A. Entrustment of powers and functions to Government Company 16
24. Expenses of urban development authority. 16
25. Application of certain provisions of Act applicable to urban development authority. 16
CHAPTER IV
CONTROL OF DEVELOPMENT AND USE OF
LAND INCLUDED IN DEVELOPMENT PLANS.
26. Restriction on development after publication of draft Development Plan. 16
27 Application of permission for development. 17
28 Permission for retention or continuance of use of any building or work or any use of land. 17
29. Grant or refusal of permission. 18
30. Supplementary provision as to grant of permission. 18
31. Obligation to purchase land on refusal of permission or grant of permission in certain cases. 18
32. Lapse of permission. 19
33. Power of revocation and modification of permission to development. 19
34. Sanction for sub-division of plot or lay-out of private street. 20
35. Penalty for unauthorised development or use or continuance or retention of the use without permission. 20
36. Power to require removal of unauthorised deve lopment or use. 21
37. Removal of unauthorised temporary development summarily. 22
38. Recovery of expenses incurred. 22
39. Development undertaken on behalf of Government and appropriate authority. 22
CHAPTER V.
TOWN PLANNING S SCHEMES .
40. Making and contents of a town planning scheme. 23
41. Power of appropriate authority to resolve on declaration of intention to make scheme. 25
42. Making and publication of draft scheme. 25
43. Power of State Government to require appropriate authority to make scheme. 25
44. Contents of draft scheme. 26
45. Reconstitution of plots. 26
Gujarat Town Planning and Urban
Presi : Act No. 27 of 1976] Development Act, 1976
Sections. Page No.
(ii)
(iii)
46. Disputed ownership. 27
47. Objections to draft scheme to be considered. 27
48. Power of State Government to sanction draft scheme. 27
48-A. Vesting of land in appropriate authority. 27
49. Restrictions on use and development of land after declaration of a scheme. 28
50. Appointment of Town Planning Officer. 29
51. Duties of Town Planning Officer. 29
52. Contents of preliminary and final scheme. 30
53. Certain decisions of Town Planning Officer to be final. 31
54. Appeal. 31
55. Constitution of Board of Appeal. 31
56. Town Planning Officer to assist Board in advisory capacity and his remuneration. 32
57. Place where Board may sit. 32
58. Decision of questions of law and other questions. 32
59. Powers of Board to decide matter finally. 32
60. Board not to be court. 32
61. Remuneration of assessors and payment of incidental expenses of Board to be added to costs of scheme. 32
62. Decision of Town Planning Officer to be final in certain matters and variation of
scheme in view of decision in appeal. 33
63. Power of Town Planning Officer to split up draft scheme into separate sections. 33
64. Submission of preliminary scheme and final scheme to Government. 33
65. Power of Government to sanction or refuse to sanction the scheme and effect of sanction. 33
66. Withdrawal of scheme. 34
67. Effect of preliminary scheme. 34
68. Power of appropriate authority to evict summarily. 34
69. Power to enforce scheme. 34
70. Power to vary scheme on ground of error, irregularity or informality. 35
70-A. Variation of Town Planning scheme for land allotted for public purpose. 35
71. Variation of town planning scheme by another scheme. 35
72. Amendment of regulations. 36
73. Compensation when scheme is varied. 36
74. Apportionment of costs of scheme withdrawn not sanctioned. 36
75. Right to appear by recognised agent. 36
76. Powers of Civil Court in respect of certain matters. 36
Gujarat Town Planning and Urban
Development Act, 1976
[Presi : Act No. 27 of 1976
CHAPTER VI.
FINANCE.
Sections. Page No.
77. Costs of scheme. 37
78. Calculation of increment. 37
79. Contribution towards costs of scheme. 38
80. Certain amounts to be added to, or deducted from, contribution leviable from a person. 38
81. Transfer of right from original to final plot or extinction of such right. 38
82. Compensation in respect of property or right inj uriously affected by scheme. 39
83. Exclusion of compensation in certain cases. 39
84. Provision for cases in which amount payable to owners exceeds amount due from him. 39
85. Provision for case in which value of developed plot is less than amount payable by owner. 39
86. Payment by adjustment of account. 40
87. Payment of net amount due to appropriate authority. 40
88. Power of appropriate authority to make agreement. 40
89. Recovery of arrears. 40
90. Powers of appropriate authority to borrow money for development plan
or for making or executing a town planning scheme. 41
91. Fund of the appropriate authority. 41
92. Power of authority to borrow money. 41
93. Priority of payment for interest and repayment of loans. 42
94. Budget of authority. 42
95. Accounts and audit. 42
96. Annual reports. 42
97. Pension and Provident Fund. 42
98. Offences and penalties. 42
CHAPTER VII.
LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGES.
99. Levy of development charges. 43
100. Rates of development charges. 43
101. Assessment and recovery of development charges. 43
102. Constitution of Tribunals. 44
103. Appeal and revision. 44
(iv)
Gujarat Town Planning and Urban
Presi: Act No. 27 of 1976] Development Act, 1976
CHAPTER VIII.
MISCELLANEOUS.
Sections. Page No.
104. Power of State Government to appoint its employee to any office or post under
appropriate authority. 45
105. Bar of legal proceedings. 45
106. Registration of documents, plans or maps in connection with town planning scheme not required. 45
107. Compulsory acquisition of land needed for purpose of town planning scheme or development plan. 45
108. Vesting of property and rights of appropriate authority ceasing to exist or ceasing to have jurisdiction. 45
109. State Government or person appointed by it may exercise powers, perform duty conferred or
imposed on appropriate authority and disbursement of expenses in certain circumstances. 46
110. Special provision in case of dissolution or supersession of local authority. 46
111. Power of entry. 46
112. Service of notice, etc. 47
113. Public notice how to be made known. 48
114. Notices, etc. to fix reasonable time. 48
115. Offences by companies. 48
116. Members and officers of appropriate authority to be public servants. 48
117. Effect of other laws. * 49
118. Power to make rules. 49
119. Power to make regulations. 51
120. Dissolution of appropriate authority. 52
121. [Deleted]
122. Control by State Government. 53
123. No town planning scheme or development plan for area for which housing scheme is
sanctioned under Housing Board Act. 53
123A. Consequences of Constitution of the Champaner-Pavagadh Archaeogical Park World Heritage Area
Management Authority.
124. Repeal and saving.
(v)
PRESIDENT'S ACT NO. 27 OF 1976.1
[THE GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT ACT, 1976.]
[19th June,
1976.]
Enacted by the President in the Twenty-seventh Year of the Republic of India.
see corrigendum dated 16th July 1976*
Amended by Guj. 4 of 1986.** Amended by Guj. 11 of 2002.
Amended by Guj. 3 of 1995.*** Amended by Guj. 22 of 2004.
Amended by Guj. 1 of 1999. † Amended by Guj. 28 of 2006.
Amended by Guj. 2 of 1999. Amended by Guj. 15 of 2011.
Amended by Guj. 16 of 2001. Amended by Guj. 11 of 2014.
An Act to consolidate and amend the law relating to the making and
execution of development plans and Town Planning schemes in the State of
Gujarat.
44 of 1976. In exercise of the powers conferred by section 3 of the Gujarat State
Legislature (Delegation of Powers) Act, 1976, the President is pleased to enact
as follows :-
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called the Gujarat Town Planning and Urban
Development Act, 1976 .
Short title,
extent and
Commence-
ment.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force on such date as the State Government may,
by notification, appoint.
2. In this Act, unless the context otherwise requires,- Definitions.
(i) "agriculture" includes-
(a) horticulture;
(b) farming;
(c) raising of crops, fruits, vegetables, grass, fodder, trees or
any other kind of cultivation;
(d) breeding and keeping of live-stock, including horses,
donkeys, mules, pigs, fish, poultry and bees; and
(e) the use of land for any purpose which is ancillary to its
cultivation or to any other agricultural purpose,
but does not include the use of land as a garden which is an appendage to
a building and the expression "agricultural" shall be construed accordingly:
(ii) "amenity" includes roads, streets, open spaces, parks,
playgrounds, recreational grounds, water and electric supply,
street lighting, sewerage, drainage, public works and other utility
services and conveniences;
(iii) "appropriate authority", in relation to a development area, means
an area development authority or an urban development authority,
as the case may be;
1. For Reasons for Enactment see Gujarat Government Gazette, Extraordinary, Part IV, dated the 21st
June, 1976, page 170.
* See Gujarat Government Gazette, Ordinary, Part VI dated the 22nd July, 1976.
** For Transitory provision see Sec. 7 of Guj. 4 of 1986.
*** For Validating provision see s. 13 of Guj. 3 of 1995.
† For Validating provision see s. 4 of Guj. 1 of 1999.
(iv) "area development authority'' means an area development
authority constituted under section 5 1[and includes a local
authority, designated as such under sub-section (1) of section 6 or
Government company designated as such under section 6A];
(v) "authorised officer" means an officer appointed by the State
Government under sub-section (2) of section 9;
(vi) "building operations" includes,-
(a) erection or re-erection of a building or any part thereof
(b) roofing or re-roofing of a building or any part of a building
or any open space;
(c) any material alteration of a building as is likely to affect the
alteration of its drainage or sanitary arrangement or to
materially affect its security, or the construction of a door
opening on any street or land not belonging to the owner;
(vii) "Chief Town Planner" means the officer appointed as Chief
Town Planner to the Government of Gujarat;
(viii) "development", with all its gra mmatical variations and cognate
expressions, means the carrying out of any building, engineering,
mining, or other operations in, or over, or under land or the
making of any material change in any building or land or in the
use of any building or land, and includes layout and sub-division
of any land;
(ix) "development area" means an area declared to be a development
area under section 3 or, as the case may be, an urban development
area under section 22;
(x) "development plan" means a plan for the development or
re-development or improvement of a development area ;
2[(x-a) "development right" means a right to develop the land or building
or both on any land to be acquired under section 20 to the extent
as may be decided in the development plan;
(xi) "engineering operations" includes the formation or laying out of
a street or of means of access to a road or the laying out of means
or water supply, drainage, sewerage, supply of electricity or gas,
or of any other public utility service;
(xii) "final plot" means a plot reconstituted from an original plot
and allotted in a town planning scheme as a final plot;
3[(xii-a) "heritage area" means the heritage area as defined in clause (i) of
section 2 of the Champaner-Pavagadh Archeological Part World
Heritage Area Management Authority Act, 2006];
Guj 28 of 2006.
(xiii) "land" includes benefits to arise out of land, and things
attached to the earth or permanently fastened to anything
attached to the earth;
(xiv) "local authority" means a municipal corporation constituted
under the 4[Gujarat] Provincial Municipal Corporations Act,
1949, as in force in the State of Gujarat, a municipality
constituted or deemed to be constituted under the Gujarat
Municipalities Act, 1963, a committee appointed for a notified
area under the Gujarat Municipalities Act, 1963 or a gram or
nagar panchayat constituted or deemed to be constituted under
the Gujarat Panchayats Act, 1993;
Bom. LIX of
1949. Guj.
XXXIV of
1964. Guj. 18
of 1993.
(xv) "notification" means a notification published in the Official
Gazette;
(xvi) "occupier" includes,-
(a) 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;
H-86-1
(b) an owner living in or otherwise using his land or building;
(c) a rent free tenant;
1. These words, brackets, and figures were inserted by Guj. 2 of 1999, s. (2) (1) (i).
2. Clause (x-a) was inserted, by Guj. 11 of 2014, s.2.
3. Clause (xii-a) was inserted, by Guj. 28 of 2006, s.36 (i)
4. This word was substituted by Guj. 15 of 2011, s.3 sch, sr. No. 36.
(d) a licensee in occupation of any land or building;
(e) any person who is liable to pay to the owner damages or
compensation for the use and occupation of any land or
building;
(xvii) "operational construction" means any construction whether
temporary or permanent, which is necessary for the operation,
maintenance, development or execution of any of the following
services, namely :-
(a) railways;
(b) national highways;
(c) national waterways;
(d) major ports;
(e) airways and aerodromes;
(f) posts and telegraphs, telephones, wireless, broadcasting
and other like forms of communication;
(g) regional grid for electricity;
(h) any other service which the State Government may, if it is
of opinion that the operation, maintenance, development or
execution of such service is essential to the life of the
community, by notification, declare to be a service for the
purposes of this clause.
Explanation.- For the removal of doubts, it is hereby
declared that the construction of-
(i) new residential buildings (other than gate lodges,
quarters for limited essential operational staff and the
like), roads and drains in railway colonies, hotels, clubs,
institutes and schools, in the case of railways; and
(ii) a new building, new structure or new installation or any
extension thereof, in the case of any other service,
shall not be deemed to be construction within the meaning
of this clause;
(xviii) "owner", in relation to any property, includes any person who
is, for the time being receiving or entitled to receive, whether on
his own account or on account 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
charitable institution, the rents or profits of the property; and
also includes a mortgagee in possession thereof;
(xix) "plot" means a portion of land held in one ownership and
numbered and shown as one plot in a town planning scheme;
(xx) "preliminary scheme" means a preliminary scheme relating to a
town planning scheme prepared by the Town Planning Officer
under section 51;
(xxi) "prescribed" means prescribed by rules made under this Act;
(xxii) "reconstituted plot" means a plot which is in any way altered by
the making of a town planning scheme.
Explanation.- For the purposes of this clause "altered"
includes the alteration of ownership of a plot;
(xxiii) "regulation" means a regulation made under section 119 and
includes zoning and other regulations made as part of a
development plan or town planning scheme;
(xxiv) "residence" includes the use for human habitation of any land or
building or part thereof, the use of gardens, grounds, garages, stables
and out-houses, if any, appertaining to such land or building, and the
expression "residential" shall be construed accordingly;
(xxv) "rule" means a rule made under section 118;
(xxvi) "scheme" means a town planning scheme prepared under this
Act, and includes a plan or plans, together with the descriptive
matter, if any, relating to such scheme;
(xxvii) "Town Planning Officer" means Town Planning Officer
appointed under section 50;
(xxviii) "urban development authority" means an urban development
authority constituted under section 22;
(xxix) "urban development area" means an area declared to be an urban
development area under section 22;
l[(xxx) "Government company" means a Government company
registered under the Companies Act, 1956 which has one of its
objects the development of an area.]
1 of 1956.
CHAPTER II.
DEVELOPMENT AREA AND CONSTITUTION OF AREA DEVELOPMENT
AUTHORITIES
Declaration of
development
area.
3. (1) The State Government may, for the purpose of securing planned
development of areas within the State, declare, by notification, and
in such other manner as may be prescribed, any area in the State to
be a development area.
(2) Every notification issued under sub -section (1) shall define the
limits of the area to which it relates.
(3) The State Government may, by notification, amalgamate two or
more development areas into one development area, sub -divide
any development area into different development areas and
include such sub-divided areas in any other development area :
2 [Provided further that in the case of the heritage area, the development
area or urban development area declared under this Act shall be co -terminous
with Heritage area].
Exclusion of
whole or part
of
develop-ment
area from
operation of
Act.
4. (1) The State Government may, by notification, withdraw from the
operation of the relevant provisions of this Act, the whole or part
of any development area declared under section 3.
(2) Where any notification is issued under sub-section (1) in respect
of any development area or part thereof-
(a) the relevant provisions of this Act and all notifications, rules,
regulations, orders, directions and powers issued, made or
conferred, thereunder shall cease to apply to the said area or,
as the case may be, part thereof;
(b) the State Government shall, after consultation with the area
development authority or authorities concerned , frame a
scheme determining the portion of the balance of the fund of
the area development authority or authorities which shall
vest in the State Government and the local autho rity or
authorities concerned and in what manner the properties and
liabilities of the area development authority or authorities
shall be apportioned between the State Government and the
local authority or authorities concerned and on the scheme
being notified, the fund, properties and liabilities of the area
development authority or authorities, shall vest and be
apportioned accordingly.
1. Clause (xxx) was added by Guj. 2 of 1999, s. 2 (1) (ii).
2. This proviso was inserted by Guj. 28 of 2006, s. 36 (2).
5. (1) As soon as may be after the declaration of a development area
under section 3, the State Government shall, by notification,
constitute an authority for such area to be called the area
development authority of that development area for the purpose of
carrying out the functions assigned to an area development
authority under this Act.
Constitution of
area
development
authority
(2) Every area development authority constituted under sub -section
(1) shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with power to acquire,
hold and dispose of property, both moveable and immovable, and
to contract, and by the said name sue and be sued.
(3) An area development authority shall consist of the following
members, namely:-
(i) a Chairman to be appointed by the State Government;
(ii) the Chief Town Planner or his representative, ex-officio;
l[(iii) such persons not exceeding four from amongst the
members of the local authorities functioning in the
development area as may be nominated by the State
Government;
(iii-a) the Presidents of the district panchayats functioning in
the development area or in any part thereof, ex-officio;]
(iv) two officials of the State Government to be nominated by
that Government, ex-officio;
(v) a non-official who possesses special knowledge or practical
experience in town planning, to be appointed by the State
Government;
(vi) a member secretary to be appointed by the State
Government who shall also be designated as the Chief
Executive Authority of the area development authority.
2[(3A) Notwithstanding anything contained in sub-section (1), the State
Government, to deal with the situation arising out of natural calamity
or disaster, may by notification, constitute the area development
authority or reconstitute any existing area development authority
constituted under sub-section (1), for any development area declared
as such under section 3, consisting of such members as it deems fit.].
(4) The State Government may, if it thinks fit, appoint one of the
members as the Vice-Chairman of the area development authority.
(5) 3[The conditions of ser vice] of the members of an area
development authority other than ex-officio members shall be
such as may be prescribed and the membe rs shall be entitled to
receive such remuneration or allowances or both as the State
Government may by order determine.
4[(5A) The Chairman and the members of an Area Development
Authority other than ex-officio members shall hold office during
the pleasure of the State Government.]
(6) (a) If the State Government is of opinion that any member of an
area development authority is guilty of misconduct in the discharge
of his duties or is incompetent or has become incapable of
performing
his duties as such member, or should for any other good and
sufficient reasons, be removed, the State Government may, after
giving him an opportunity to be heard, remove him from office.
(b) Any member of the area development 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 upon the acceptance
thereof, the office of such member shall become vacant.
1. Clauses (ii) and (iii-a) were substituted for Clause (iii) by Guj. 2 of 1999, s. 3.
2. Sub-section (3-A) was inserted by Guj. 16 of 2001. s. 2.
3. These words were substituted and were deemed always to have been substituted for the words "The
term of office and conditions of service" by Guj. 1 of 1999, s. 3, Sch., entry No. 11(1).
4. Sub-section (5A) was inserted and was deemed always to have been inserted, ibid., entry No.11(2).
(7) In the event of a vacancy occurring in the office of any member of
an area development authority, the vacancy shall be filled by the
State Government as soon as possible after the vacancy has
occurred by nomination or appointment, 1 [as the case may be.]
(8) (i) An area development authority shall meet at such time and
place as the Chairman may determine and may, subject to the
provisions of this sub-section, make regulations for regulating the
procedure and conduct of its business at its meetings.
(ii) The Chairman, and in his absence, any other member chosen
by the members present from amongst themselves shall
preside at a meeting of the area development authority.
(iii) All questions at a meeting of the area development authority
shall be decided by a majority of votes of the members
present and voting and in the case of equality of votes, the
persons presiding shall have a casting vote.
(9) (i) An area development authority may, with the previous
sanction of the State Government, associate with itself or
consult such persons whose assistance or advice it may desire
for the purpose of performing any of its functions under this
Act and such pe rsons may be paid by the area development
authority such remuneration or fees as may be sanctioned by
the State Government.
(ii) The person so assisting or advising the area development
authority may take part in the meetings of the authority
relevant to the purpose for which he is associated or
consulted but shall not have the right to vote at a meeting or
take part in the meeting of the authority relating to matters
concerned with any other purpose.
(10) Subject to the provisions of section 104, an area development
authority may appoint such officers and other employees as it
considers necessary for the efficient performance of its functions
under this Act.
(11) The officers and employees appointed under sub- section (10)
shall be entitled to receive such salaries or allowances and shall be
governed by such terms and conditions of service, as may be
determined by the State Government.
(12) The member Secretary of the area development authority and the
officers and employees of that authority s hall work under the
supervision and control of its Chairman.
Power to
designate a
local authority
6. (1) The State Government may, instead of constituting an area
development authority for a development area, designate any local
H-86-2
as area
development
authority.
authority functioning in a development area or part thereof, as the
area development authority for that development area.
(2) The local authority designated under sub- section (1) as the Area
Development Authority shall, for the purposes of performing the
functions assigned to an area development authority under this
Act, set up a Planning Committee consisting of the following
members, namely:-
1. These words were substituted and were deemed always to have been substituted for the portion
beginning with the words "as the case may be" and ending with the words "vacancy had not occurred",
by Guj. 1 of 1999, s. 3, Sch., entry 11 (3).
(i) six members of the local authority appointed by it out of
whom one shall be designated as the Chairman;
(ii) the Chief Town Planner or his representative to be
nominated by the State Government;
l[(iii) one official of the State Government to be nominated by the
State Government, ex-ojficio;
(iv) Chief Officer or, as the case may be, Secretary of the local
authority.]
2[Provided that in case the local authority dose not set up the planning
Committee within a period of three months from the date on which it is required
to set up such Committee, then, the State Government shall appoint such
Committee.]
(3) The Planning Committee set up under sub -section (2) shall have
all the powers, responsibilities and status as are given to a
Standing Committee 3[or, as the case may be, Executive
committee,] if any, appointed under the Act under which the local
authority is constituted.
4[6A. The State Government may, instead of constituting an area
development authority for a development area, designate the
Government company as the area developm ent authority for any
development area.].
Power to
designate
Government
company as an
Area
Development
Authority.
5[6B. (1) A copy of every order, resolution or decision of the appropriate
authority 6[other than the Urban Development Authority] shall be
sent to the Collector of the district.
(2) If, in the opinion of the Collector, the execution of any order,
resolution or decision of an appropriate authority or the doing of
anything which is about to be done or is being done by or on behalf of
an appropriate authority is causing or is likely to cause injury or
annoyance to the public or to lead to a breach of the peace or is
unlawful, he may by order in writing suspend the execution or
prohibit the doing thereof and where the execution of any work in
pursuance of the order or resolution of an appropriate authority is
already commenced or completed, direct an appropriate authority to
restore the position in which it was before the commencement of
such work.
(3) When the Collector makes any order under this section, he shall
forthwith forward to an appropriate authority affected thereby a
copy of the order with a statement of the reasons for making it and
also submit a report to the State Government along with copies of
such order and statement.
(4) Against the order made by the Collector under 7[sub-section (2)],
the appropriate authority or any person affected thereby may
prefer an appeal to the State Government within thirty days from
Power of
Collector to
suspend
execution of
order, etc. of
appropriate
authority.
the date on which it receives a copy of the order. The State
Government may on such appeal rescind the order or may revise or
modify or confirm the order or direct that the order shall continue to
be in force, with or without modification, permanently or for such
period as it may specify:
Provided that the order shall not be revised, modified or
confirmed by the State Government without giving the
appropriate authority or, as the case may be, person affected
thereby reasonable opportunity of showing cause against the
order].
1 Clauses (iii) and (iv) were inserted by Guj.2 of 1999, s.4 (1).
2 This proviso was inserted by Guj. 11 of 2014, s.3.
3 These words were inserted, ibid., s.4 (2).
4 Section 6A was inserted, ibid., s.5.
5 Section 6B was inserted by Guj. 16 of 2001, s. 3.
6 These words were inserted by Guj. 11 of 2014, s.4.
7 These words, brackets and figure were substituted for the words, brackets and figure "sub-section (1)"
by Guj. 11 of 2002, s. 2.
Powers and
functions of
area
development
authority.
7. (1) 1[The powers and functions of] an area development authority shall
be-
(i) to undertake the preparation of development plans under
the provisions of this Act for the development area;
(ii) to under take the preparation 2[and execution] of town
planning schemes under the provisions of this Act, if so
directed by the State Government;
(iii) to carry out surveys in the development area for the
preparation of development plans or town planning
schemes;
(iv) to control the development activities in accordance with the
development plan in the development area;
3[(iv-a) to levy and collect such scrutiny fees for scrutiny of
documents submitted to the appropriate authority for
permission for development as may be prescribed by
regulations;]
(v) to enter into contracts, agreements or arrangements with
any person or organization as the area development
authority may deem necessary for performing its functions;
(vi) to acquire, hold, manage and dispose of property, movable
or immovable, as it may deem necessary;
(vii) to execute works in connection with supply of water,
disposal of sewerage and provision of other services and
amenities;
4[(vii-a) to levy and collect such fees for the execution of works
referred to in clause (vii) and for provision of other services
and amenities as may be prescribed by regulations;]
(viii) to exercise such other powers and perform such other
functions as are supplemental, incidental or consequential to any
of the foregoing powers and functions or as may be directed by the
State Government.
(2) The area development authority may, with the approval of the
State Government, delegate 5[any of its powers and functions] to
the local authority or authorities within its jurisdiction.
(3) The area development authority shall have its office at such place
as the State Government may specify in this behalf.
Expenses of
area
development
authority.
8. (1) The State Government shall, by an order in writing, determine the
amount which a local authority or authorities functioning in the
development area shall pay as contribution, either in one lump sum
or in such installments as may be specified in the order, towards
the expenses incurred by an area development authority in the
discharge of its functions.
1. These words were substituted for the words "The function of “ by Guj. 3 of 1995, s.2 (1) (a).
2. These words were inserted by Guj. 2 of 1999, s.6.
3. Clause (iv-a) was inserted by Guj, 3 of 1995, s. 2(1) (b).
4. Clause (vii-a) was inserted, ibid., s.2 (1) (c).
5. These words were substituted for the words “any of its functions”, ibid. s.2 (2).
(2) The local authority shall, not later than thirty days of the receipt of
the order under sub -section (1), pay to the area development
authority concerned the amount of contribution specified in the
order in the manner indicated therein and if the local authority
fails to so pay such amount, the State Government may, on receipt
of necessary intimation from the area development authority,
recover it from the local authority as arrears of land revenue and
pay it to the area development authority.
9. (1) As soon as may be after the constitution of an area development
authority for any development area under section 5 1[or
designation of a local authority as the area development authority
under sub-section (1) of section 6,] the area development authority
shall, not later than three years after the declaration of such area
as a development area or within such time as the State
Government may, from time to time, extend, prepare and submit
to the State Government a draft development plan for the whole or
any part of the development area in accordance with the
provisions of this Act.
Development
plan.
(2) If a draft development plan is not prepared and submitted to the
State Government by any area development authority within the
period specified in sub-section (1) or within the period extended
under that sub -section, an officer a ppointed by the State
Government in this behalf may prepare and submit t o the State
Government in the prescribed manner a draft development plan
and recover the cost thereof from such area development authority
out of its funds.
10. A copy of the draft development plan as prepared under section 9
in respect of any area shall be kept open for inspection by the
public during office hours at the head office of the area
development authority, or as the case may be, at the office of the
authorized officer.
Copy of draft
development
plan to be open
for public
inspection.
11. The draft development plan shall be on a scale not lower than
eighty metres to a centimetr es and shall show in distinguishing
prescribed colours the area or sites and the uses to which they are
proposed to be put.
Manner of
preparation of
draft
development
plan.
Guj. 18 of 2008 12. (1) A draft development 2[which would be in conformity with the
development plan under the provisions of the Gujarat
Metropolitan Planning Committee Act, 2008] shall be inserted;
Contents of
draft
development
plan.
plan shall generally indicate the manner in which the use of land in
the area covered by it shall be regulate d and also indicate the
manner in which the development therein shall be carried out.
(2) In particular, it shall provide, so far as may be necessary, for all or
any of the following matters, namely :-
(a) proposals for designating the use of the land for
residential, industrial, commercial, 3[educational
agricultural and recreational purpose; 4[or such other
purposes]
(b) proposals for the reservation of land for public purposes,
such as schools, colleges and other educational
institutions, medical and public health institutions,
markets, social welfare and cultural institutions, theatres
and places for public entertainment, public assembly,
museums, art galleries, religious buildings, play-grounds,
stadiums, open spaces, dairies and for such other purposes
as may, from time to time, be specified by the State
Government;
1. These words, brackets and figures were inserted by Guj. 3 of 1995, s. 3.
2. These words, were inserted by Guj. 11 of 2014, s. 5(1).
3. These words, were inserted ibid., s. 5(2)(i)(a).
4. These words, were inserted ibid., s. 5(2)(i)(b).
(c) proposals for designation of areas for zoological gardens,
green belts, natural reserves 1[water body, water course]
and sanctuaries;
(d) transport and communications, such as roads, highways,
parkways, railways, waterways, canals and airport,
including their extension and development;
(e) proposals for water supply, drainage, sewage disposal,
other public utility amenities and services including
supply of electricity and gas;
(f) reservation of land for community facilities and services;
(g) proposals for designation of sites for service industries,
industrial estates and any other industrial development on
an extensive scales;
(h) preservation, conservation and development of areas of
natural scenery and landscape 2[and of heritage buldings
and heritage precincts;]
(i) preservation of features, structures or places of historical,
natural, architectural or scientific interest and of
educational value;
(j) proposals for food control and prevention of river
pollution;
(k) proposals for the reservation of land for the purpose s of
Union, any State, local authority or any other authority or
body established by or under any law for the time being in
force;
(l) the filling up or reclamation of low lying, swampy or
unhealthy areas or leveling up of land;
(m) provision for controlling and regulating the use and
development of land within the development area,
3[including imposition of charges at such rate as may be
provide for grant of Floor Space Index (FSI) or height,
and also imposition of ] conditions and restrictions in
regard to the open space to be maintained for buildings,
the percentage of building area for a plot, the location,
number, size, height, number of stor eys and character of
H-86-3
buildings and density of built up area allowed in specified
area, the use and purposes to which a building or specified
areas of land may or may not be appropriated, the
sub-divisions of plots, the discontinuance of objectionable
uses of land in any area in any specified periods, parking
spaces, loading and unloading space for any building and
the sizes of projections and advertisement signs and
hoardings and other matters as may be considered
necessary for carrying out the objects of this Act;
(n) provision for preventing or removing pollution of water or
air caused by the discharge of waste or other means as a
result of the use of land;
(o) such other proposals for public or other purposes as may
from time to time be approved by the area development
authority or as may be directed by the State Government in
this behalf.
Publication of
draft
development
plan.
13. (1) The area development authori ty or, as the case may be, the
authorized officer shall, as soon as may be, after a draft
development plan is prepared and submitted to the State
Government under section 9, publish it in the Official Gazette and
in such other manner as may be prescribed along with a notice in
the prescribed manner, inviting suggestions or objections from any
person with respect to the development plan within a period of
two months from the date of its publication.
1. These words, were inserted by Guj. 11 of 2014, s. 5(2)(ii).
2. These words, were inserted ibid., s.5(2)(iii).
3. These words were substituted and were deemed to have always been substituted with effecet from 18th
may, 2002, ibid., s.5 (2) (iv).
(2) The following particulars shall be published along with the draft
development plan, namely :-
(a) a statement indicating broadly the uses to which lands in
the area covered by the plan are proposed to be put and any
survey carried out for the preparation of the draft
development plan;
(b) maps, charts and statements explaining the provisions of
the draft development plan;
(c) the draft regulations for enforcing the provisions of the draft
development plan;
(d) procedure explaining the manner in which permission for
developing any land may be obtained from the area
development authority or, as the case may be, the
authorized officer;
(e) a statement of the stage of development by which it is
proposed to meet any obligation imposed on the area
development authority by the draft development plan;
(f) an approximate estimate of the cost involved in
acquisition of land reserved for public purposes.
14. If within the period specified in section 13 any person
communicates in writing to the area development authority, or, as
the case may be, to the authorized officer any suggestions or
objections relating to the draft development plan, the said
authority or officer shall consider such suggestions or objections
Suggestions or
objections to
draft
development
plan to be
considered.
and 1[then shall submit the same to the state Government
alongwith his or its opinion on such objections or suggestions.]
Modifications
made after
publication of
draft
development
plan.
15. 2[ * * * ]
16. (1) After a draft development plan is published as aforesaid and the
objections or suggestions thereto, if any, are received, th e area
development authority or, as the case may be, the authorized
officer shall, within a period of sExcerpt shown. Open the full act in Lexace.