The Champaner-Pavagadh Archaeological Park World Heritage Area Management Authority Act, 2006.

Extra No. 31 REGISTERED No. G/GNR/2 
~~ 
Qtbt d9ujarat d9obtrnmtnt d9a;tttt 
EXTRAORDINARY 
PUBLISHED BY AUTHORITY 
Vol. XLVD) THURSDAY, NOVEMBER 9, 2006/KARTIKA 18, 1928 
Separate paging Is given to this Part in order that it may be filed as a Separate Compilation . 
PART IV 
Acts of the Gujarat Legislature and Ordinances promulgated 
and Regulations made by the Governor. 
The following Act of the Gujarat Legislature, having been assented to by the 
Governor on the 91b November, 2006 is hereby published for general information. 
H. D. VYAS, 
Secretary to the Government of Gujarat, 
Legislative and Parliamentary Affairs Department. 
GUJARAT ACT NO. 28 OF 2006. 
(First published, after having received the assent of the Governor in the "Gujarat 
Government Gazette", on the 9th November, 2006). 
AN ACT 
to provide for constituting and establishing of an Authority to manage and 
ensure integrated conservation of heritage and natural environs, preservation 
of historical and cultural identity and also for preventing uncontrolled 
development and commercial exploitation of the Champaner-Pavagadh 
Archaeological Parle and for matters connected therewith and 
incidental thereto. 
It is hereby enacted in the Fifty-seventh Year of the Republic of India 
as follows:-
IV-Ex., -31-1 31-1 
31- 2 
Short title and 
commencement. 
GUJARAT GOVERNMENT GAZETTE EX. 9-11-2006 
CHAPTER 1 
PRELIMINARY 
[PART-IV 
1. (1) This Act may be called the Champaner-Pavagadh 
Archaeological Park World Heritage Area Management Authority Act, 2006. 
(2) It shall come into force on such date as the State Government may, by 
notification, in the Official Gazette, appoint and different dates may be 
appointed for different provisions of the Act. 
Definitions. 2. In ti-is Act, unless the context ot.lieivise requires -
(a) "amenity" includes roads, bridges, streets. transport, 
lighting, water and electricity supply, sewerage, drainage, public 
works, open spaces, recreational grounds, parks and other 
conveniences, services or utilities; 
(b) "appointed day'' means the day appointed for bringing 
into force all or any of the provisions of the Act; 
(c) ·"Authority'" means the Champaner-Pavagadh 
Archaeological Park World Heritage Area Management Authority 
es'.ablished under section 3, 
(d) "Cha.iiperson" means che Chairperson of the authority; 
(e) "Chief Executive Officer" means an Officer appointed 
as such under sub-section (1) of section 8; 
(t) "Core Area Zone" and 'Buffer Zone' mean such are-.is 
as the State Government may, by notification in the Official Gazette, 
specify; 
(gl "development" with its grammatical variation means the 
carrying out of building, engineering or other operations in or over or 
under any land or the making of any material change in any building, 
or land or in the use of any building, or land and inciudes 
redevelopment and forming of layouts and ·sub-division of any land 
including amenities; 
(h) "Fund" means the fond of the Authority; 
(i) "Heritage Area" means the whole of the are<t 
comprising the Core Area Zone and Buffer Zone including the area 
notified or as may be notified from time to time under the Gujarat 
Ancient Monwnents and Archaeological Sites and Remains Act, 
1965 in the Core Area Zone and Buffer Zone but excluding the 
area notified as 'protected area' under the Ancient Monuments and 
Guj. 25of 
1965. 
24of1958. 
l6ofl92?. 
69 Of1980. 
PART-JV] GUJARAT GOVER..."\!ME1'.'T GAZETTE EX. 9-11-2006 31-3 
Bom.LlX 
of 1949. 
Guj. 34 
of 1964. 
Guj. 18 
of 1993. 
-Pre$irlent's Art 
No. 27of1976. 
Archaeological Sites and Remains Act, 1958 and the areas declared as 
a reserved forest under the Indian Forest Act, 1927 and the Forest 
(Conservation) Act, 1980; 
(j) "Local Authority" means a mumcipal Corporation, 
Mu.-ricipality or panchayat constituted under relevant local authonty 
Jaw; 
(k) "Land" includes benefits arising out of land and things 
attached to the earth permanently fastened to anything attached to the 
earth: 
(I) 'prescribed' means prescribed by rules made under this 
Act; 
(m) .. relevant local authority law" means the Bombay 
l>ro•incial Murricipal Corporations Act, 1949, the Gujarat 
Murucipalities Act, 1963 or the Gujarat Panchayats Act, 1993; 
(n) th..: words and expression used but not defined in this 
Act shall have meanings respectively assigned to them in the Gujarat 
To•.vn Planning and Urban Development Act, 1976. 
CHAPTER ll 
ESTABLISHMENT M'D CONSTITUTION OF AUTHORiri. 
3. (I) The State Government shall, by notification in L'1e Official 
Gazette, establish an Authority to be called the «Champaner-Pavagadh 
Archaeological Park World Heritage Area Management Authority". 
(2) The Authority shall be a body corporate with perpetual 
succession and common seal and may sue or be sued in the said name and 
shall subject to the provisions of !his Act, be competent to acquire, hold and 
dispose of property both movable and immovable and to contract and do all 
things necessary for the purposes of this Act. 
(3) The headquarters of the Authority shall be at such place as the 
State Government may, by notification in the Official Gazette, specify. 
4. The Authority shall consist of the following members, namely:-
(i) Chief Secretary to the 
Government of Gujarat ex-officio, 
Chairperson 
Establishment 
and 
incorporation 
of Authority. 
Constitution of 
Authorit;"'. 
31- 4 
Establishment 
of Ad"isory 
Committee. 
GUJARAT GOVERNMENT GAZETfE EX. 9-11-2006 [PART-IV 
(ii) Secretary to the Vice-Chairperson 
Government of Gujarat (Culture 
activity) ex-officio. 
(iii) Director General, Archaeological Survey of India, New Delhi 
(iv) Secretary to Government of Gujarat, Forest and Environment 
Department, ex-officio, 
(v) Secretary to Government of Gujarat, Roads and Building 
Department, ex-officio, 
(vi) Managing Director, Tourism Corporation of Gujarat Ltd., 
(vii) DirectQr of Archaeology, Gujarat State, 
(viii) Superintending Archaeologist, Archaeological Survey of 
India, V adodara Circle, 
(ix) Collector, Panchmahal District, 
(x) District Development Officer, Pancbrnahal District, 
(xi) Superintendent of Police, Panchrnahal District, 
(xii) Senior Town Pla.11Jler, South Guja...-at Regional Office, 
Vadodara, 
(xiii) Deputy Conservator of Forest, Godhra, Panchmahal District, 
(xiv) Executive Engineer, Road and Building Division, God.hra, 
(xv) Head of the Department of Archaeology, M.S. University of 
Baroda, 
(xvi) President, Heritage Trust, Vadodara, 
(xvii) Sarpanch, C'nampaner Village, 
(xviii) One member as nominated by the Pavagadh Temple Trust, 
(xix) Chief Executive Officer Member Secretary. 
5. There shall be Technical Advisory Committee consisting of the 
following members, namely:-
( a) Superintending .A.rchaeologist. Archaeological Survey of India, 
Vadodara Circle. 
(b) Director of Arcbaeoiogy, Gujarat State. 
(c) Deputy Conscrv"ator of Forest, Godhra, Panch111ahal Distr.ict, 
(d) One Representative as nominated by the M.S. University of 
Baroda from the Department Of Archaeology. 
PART-JV] GUJARAT GOVERNMENT GAZE! IEEX. 9-11-2006 31-5 
ProiUcut~~ A.;:i. 
No. 27 of 1976. 
(e) One Representative of the Heritage Trust, Baroda. 
(f) Planning officer of the Authority. 
(g) An expert in the field of Heritage, Archaeology, Tourism, 
Environment co-opted by the Authority on the recommendation 
of the Chief Executive Officer. 
6. (1) The meeting of the Authority shall be convened by the Meeting of 
Chairperson or by the Chief Executive Officer with the approval of the Authority. 
Chairperson and it shall ordinarily meet at least once m three mnnths at such 
place within the jurisdiction of the authority er at the Headquaners of the 
Authority 2nd at such time as the Chairperson may decide. 
(2) The Authority shall observe such rules of procedures :is framed 
by tbe Authority in regard to the u-ansaction of business of it~ meetings 
(including quorum at meeting) as may be specified by regulations. 
(3) The Chairperson or in his absence, the Vice-Chairperson or in 
absence of both, any other member chosen by the members present at the 
meeting, shall preside at th.: meeting of the Auti'Jority. 
(4) All questions which come up before any meeting of the 
Authority shall be decided by the majority of the votes of the members present 
and voting and in the event of equality of votes, the Chairperson shall have 
and exercise a second or casting vote. 
(5) A member shall not, at any meeting of the Authority or a 
committee the!"'..o!~ take pan m the discussion or vote on any m.:ttcr ra which 
he has directly or indirectly by himself or his pa."tller, any share or interest 
7. (1) There shall be appointed and maintained a force to be called the 
Authority Security Force for the purpose of· 
(i) better protection and security of the public property within the 
heritage area including prevention of encroaclunents and 
removal thereof; 
(ii) aiding the officers of the authority in the detection and 
investigation of any matter relating to leakage of revenue or 
any amount payable to the Authority; 
(iii) effective communication and obtaining of any information 
regarding any design to commit or the commission of any 
offence by any person under this Act or the Gujarat Town 
Pianning and Urban Deveiopllleui Act, 1976 01 any 1ul.:: vi 
regulation or order made thereunder; 
IV-Ex.,-31-2 
Aulhoril) 
Security 
Force. 
31 - 6 
Duties of the 
Chief 
Executi,•e 
Officer. 
Appointment 
of Planning 
Officer and 
Account 
Oflicer. 
GUJARATGOVER.t'lMENTGAZETfE EX. 9-11-2006 [PART-IV 
(iv) exercismg such other powers and discharging such other 
functions as may be prescribed. 
(2) .The Authority Security Force shall consist of such number of 
supervisory officers and employee as may be determined by the Authority and 
shall be appointed with the prior approval of the State Government. 
(3) The Chief Executive Officer shall exercise powers of 
superintendence and control over the Authority Security Force. 
CHAPTER Ill 
OFFICERS A..1'ID EMPLOYEES OF AUTHORITY AND 
THEIR DUTIES 
8. (l) The State Government shall appoint an officer to be the Chief 
Executive Officer of the Authority. 
(2) The Ch.ief Executive Officer shall be the administrative officer 
of the Authority and in addition to perform such functions as are conferred on 
him by or under this Act or untler any law for the time being in force, he shaii-
(a) 
{b) 
.. 
(c) 
{d) 
be responsible for alf budgetary, planning, enforcement and 
supervisory functions of the Authority ; 
furnish to the Authority all the information relating to the 
administration and accounts of t.ie Authority as well as other 
matter whenever called upon by the Authority to do so; 
prepare and submit the Annual Report and audited accounts of 
the Authority for its approval within three months of the close 
of every financial year and submit copies of the same to the 
State Guvemment; 
I 
perfonn such other function as may be prescribed. 
9. (1 _l For the effective implementation of the Act, the State 
Government shall appoint a Planning Officer a.-id an Account Officer to the 
Authority . 
(2) The Planning Officer shall ;-,ot be below the ra.-ik of an 
Assistant Director ofTo\;.'Il Planning. 
(3) The Account Officer shall be an officer with adequate 
knowledge and experience of account matters. 
PART-NJ GUJARAT GOVERNMENT GAZETTE EX. 9-11-2006 31-7 
(4) The Planning officer and the Account Officer shall report to the 
Chief Executive Officer and shall exercise such powers and perform such 
duties as may be prescribed. 
1 O. The Planning Officer and the Account Officer and such otli.er staff as 
are approved by the authority may be either on deputation from the State 
Government or recruited by the authority in accordance with the regulations 
made in this behalf. 
CHAPTER IV 
POWERS A.."'ID FUNCTIONS OF AlJ~HORITY 
11. Subject to the provisions of this Act and the rules made there under, 
the functions of the Authority shall be-
(i) to carry out a survey of the Heritage Area and prepare reports 
on the surveys so carried out; 
(ii} to prepare development and management plans of the Heritage 
Area; 
(iii) to carry out such works as arc contemplated in the development 
and management plans; 
(iv) to formulate as many schemes as are necessary for 
implementing the development plans of the Heritage Area; 
(v) to secure and co-ordinate execution of the development plan, 
town planning schemes and development of the Heritage Area 
in accordance with such plans and schemes; 
(vi) to raise finance for any project or scheme for the development 
of the Heritage Area and extend assistance to the local 
authorities in the Region for the execution of such project or 
scheme; 
(vii) to do such other acts and things ~ may be entrusted by the 
State Government or as may be necessary for or incidental or 
conducive to, any matters which are necessary for furtherance 
of the objects for which the authority is constituted; 
(viii) to entrust to any local authority or other agency the work of 
execution of any development plan of tovm planning scheme 
for the development of the Heritage Area; 
(ix) to co-ordinate the activities of the local authorities and the 
Urban Development Authority, if any, constituted under the 
President's Act Gujarat Town Planning and Urban Development Act, 1976 
No. 27 of 1976. 
Mode of 
Recruitment 
of Planning 
Officer and 
Account 
Officer. 
Filnctions of 
Authority . 
31- 8 
Special 
powers of 
chairperson. 
Power to 
delegate. 
No other 
authority or 
person to 
undertake 
development 
";tbout 
permission of 
Authority. 
GUJARAT GOVERNMENT GAZEI IE EX. 9-11-2006 [PART-IV 
exercising jurisdiction within the limits of the Heritage Area 
and the Gujarat Water Supply and Sewerage Board, Gujarat 
Slum Clearance Board, the Madhya Gujarat Urja Vik.as Nigam, 
the Gujarat Industrial Area Development Board, the Gujarat 
State Road Transport Corporation and such other bodies as are 
presently concerned with development activities in the Heritage 
Area or may be concerned in the future; 
(x) to supervise and review the progress of expenditure incurred 
under the plan or scheme and the performance of development 
by various departments and local authorities with reference to 
the plan or scheme; 
(xi) to take action to protect the public property within the Heritage 
Area; 
(xii) to raise local, regional, national and international awareness 
about the significance of the World Heritage Site; 
(xiii) to promote and encourage proper research to understand the 
archaeological, histoncal and environmental values of the 
Champaner-Pavagadh Archaeological Park World Heritage 
Site; 
(xiv) to perform such otl1er functions as may be prescribed. 
12. \Vhcre there is no sufficient time to convene a meeti11g of the 
Authority, the Chairperson shall have special powers to act on his own and 
direct measures for effective realization of the object in the case of urgency. 
After taking such action as deemed necessary, he shall place the subject before 
the Authority at its immediate next meeting and seek the ratification of the 
action taken by him. 
13. The Authority .na} l>y an order, direct that any power ei..ercisable by it 
under this Act (except the power to make regulation) may also be exercised by 
the Chairperson or such officer of the Authority as may be specified in the 
order subject to such restrictions and conditions as may be specified therein. 
14. {l) Notwitlistanding anything contained in any law of the State for 
the time being in force, no other authority or person shall undertake any 
development within the Heritage Area of the types which the Authority has 
power to undertake under this Act, except with the previous permission of the 
Authority. 
PART-IV] GUJARAT GOVERNMENT GAZETIE EX. 9-11-2006 31-9 
(2) No iocal authority shall grant permission for any development 
referred to in sub section (I) within the Heritage Area, unless the Authority 
has granted permission for such development. 
(3) Any authority or person desiring to undertake development 
referred to in sub-section (1) shall seek a prior permission from the Authority. 
(4) The Authority may, after making such inquiry as deems 
necessary, grant such permission subject to such conditions as it may deem fit 
to impose or refuse to grant such permission. 
(5) (a) Any authority or person aggrieved by the decision of 
the Authority under sub-section (4) may, within thirty days from the date of 
the decision, appeal against such decision to the State Government. 
(b) The State Government after hearing the appellant may, 
confirm, modify the decision or reject the appeal and fae decision of the State 
Government shall be final: 
Provided that where the aggrieved authority which is under the 
administrative control of the Central Government has filed an appeal, such 
appeal shall be decided by the State Government, after consultation with the 
Central Government. 
(6) In case any person or authority does anything contrary to the 
decision given under sub-section (4) as modified in sub-section (5), the 
Authority shall have power to pull down, demolish or remove any 
development undertaken contrary to such decision and recover the ccst of such 
pulling down, demolition or removal from the person or authority concerned. 
15. The Authority may authorise any person to enter into or upon any land Power of entry. 
or building with or without assistance of workmen for the purposes of-
(a) 
(b) 
(c) 
(d) 
(e) 
(f) 
IV-Ex.,-31-3 
making any enquiry, inspection, measurement or survey or 
taking level for such land building; 
examining works under construction and ascertaining the 
course of sewers and drains; 
digging or boring into the sub-soil; 
setting out boundaries and intended lines of works. 
making such levels, boundaries and lines by placing marks and 
cutting trenches; 
contravention of any plan or scheme or in contravention of any 
conditions subject to which such pennission has been granted; or 
31- 10 GUJARAT GOVERNMENT GAZETTE EX. 9-11-2006 [PART-N 
(g) doing any other thing necessary for the efficient administration 
of this Act: 
Provided that no such entry shall be made except between the 
hours of sunrise and sunset and without giving reasonable notice to the 
occupier, or if t.'lcre is no occupier, to the owner of the land or 
building: 
Provided further that sufficient opportunity shall in every 
instance be given to enable women and children, if any, to withdraw 
from such land or building: 
Provided also that due regard shall always be had, so far as may 
be, compatible with the exigencies of the purpose for which the entry 
is made, to social and religious usage of the occupants of the iand or 
building entered. 
Levy of Fees. 16. (I) It shall be lawful for the Authonty to levy at such rate as the 
State Government may, by notification in the Official Gazette, specify, a fee 
for grant of pennission under section l 4. 
Fund of 
Authority. 
(2) AJI foes re~ \i 700 under this Act shall be credited to Llic Fund. 
CH.APER V 
AUTIIOIUTY FUND, ACCOUNTS. AUDIT AND REPORTS 
17. (I) The Authority shall have a fund to be called the Authority Fund 
which shall be operated by such officer as may be authorized by the Authority. 
(2) The Authority may accept grants, subventions, contributions, 
donations and gifts from the Central Government, the State Government, a 
local authority, any international organization or any individual or body, 
whether incorpontcd or not, for all or any of the purposes of this Ac!. 
(3) Tnc State Government shall. every year, make a grant to the 
Authority of a sum equivalent to the administrative expenses of the Authority 
till the Authority is able to meet its administrative expenses out of its own 
resource.~. 
(4) All moneys received by or on behalf of the Authority by virtue 
of tJ1~s .. A.ct and al! i..l'Jterest, profits, a..~d other moneys accr~.ing to or borrowed 
by the Authority, shall be credited to the Fund. 
(5) Except as otherwise directed by the State Government, all 
moneys and receipts specified in the foregoing provision and forming part of 
the Fund shall be deposited in any Scheduled Bank as defined in the Reserve 
PART-IV] GUJARAT GOVERNMENT GAZETTE EX. 9-11-2006 31-11 
2 of1934. Bank of India Act, 1934 or invested in such securities as may be approved by 
the State Govemn1ent. 
(6) The Fwid and all other assets vesting in the Authority shall be 
held and applied by it, for the purposes of this Act. 
18. The Authority shall prepare, every year, in such form and at such time 
as may be prescribed, an annual budget estimate in respects of the next 
financial year showing the estimated receipts and expenditure of the Authority 
and shail submit a copy thereof to the State Government 
19. (1) The Authority shall prepare, after the end of each year in such 
form and before such date as may be prescribed, an annual report of its 
activities during the previous year and programme of work likely to be 
undertaken by the Authority and submit a copy thereof to the State 
Government. 
(2) The State Government shall, as soon as may be after the receipt 
of the annual report under sub-section (I), cause the same to be laid before the 
State Legislature. 
20. (I) The State Government may from time to time, make 
subventions to the Authority for the purposes of this Act on such terms and 
conditions as the State Government may determine. 
(2) The State Govemment, may, from time to time, ac.Jvance loa.•s 
to the Aui.honty for the purposes of this Act, on such terms and conditions as 
the State Government may determine. 
21. The Authority may from time to time and subject to the provisions of 
th.is Act and to such conditions as may be prescribed in this behalf, borrow 
money as required for the purposes of this Act. 
22. (1) The Authority shall maintain books of account and such other 
books in such form and in such manner as may be prescribed and shall prepare 
in accordance with such rules an annual statement of account. 
(2) The Authority shall cause its account to be audited annually by 
~n('h perc::o11 ;l~ the State Govt?rnmen!, may dir~t 
(3) As soon as the account of the Authority have been audited, the 
Authority shall send a copy thereof together with a copy of the report of the 
auditor thereon to the State Government. 
Budget. 
Annual 
Report. 
Subvenhons 
and loans tc 
Authority . 
Power of 
Authority to 
borrow money, 
Att0unts and 
audit. 
31- 12 
Penalty for 
breach of 
provisions of 
the Act. 
Offences by 
companies. 
GUJARAT GOVERNMENT GAZE1TE EX. 9-11-2006 [PART-N 
(4) The Authority shall comply with such direction as the State 
Government, may, after perusal of the report of the auditor, think fit to issue 
such direction. 
(5) The State Government shall, as soon as may be after the 
receipt of the audit report under sub-section (3) cause the same to be laid 
before the State Legislature. 
CHAPTER VI 
OFFENCES AND PENALTIES 
23. Whoever contravenes any of the prOVJSIOn of this Act or rule, 
regulation, bye-law or scheme made or sanctioned thereunder shall be 
punishable with imprisonment for a term which may extend to one year or 
with fine which may extend to ten thousand rupees or with both and in the 
case of continuing contravention, with additional imprisonment for a term 
which may extend to six month or with fine which may extend to five 
thousand rupees or with both for each day after the first during which the 
contravention contmues. 
24. (!) If the per>on committing an offence under this Act is a 
company, every person who at the time the offence was conunitted was in 
charge of and responsible to the company for the conduct of its business 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 ifhe proves that the 
offence was committed without his knowledge or that he exercised all due 
diligence to prevent the commission of such offence. 
(2) Notwithsta.'lding anything contained in sub-section (1) where 
an offence under this Act has been committed by a company and it 1s proved 
that the offence has been conunitted with the consent or connivance of, or is 
attributable to any neglect on the part of any director, 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 purpose of this section-
PART-IV) GUJARAT GOVERNMENT GAZE I lE EX. 9-11-2006 31-13 
(a) "company• means a body corporate and includes a firm or other 
association of individuals; and 
(b) "director " in relation to a fum means partner in the firm. 
25. No court shall take cognizance of an offence punishable under this Act 
except on a complaint in writing made by an officer of the Authority 
authorized by it in this behalf. 
26. All fines realized in connection with prosecutions under this Act shall 
be credited to the Authority Fund. 
CHAPTER VII 
MISCELLANEOUS 
27. (1) The Authority may, in order to carry out the development plans 
and schemes formulated under section 11 or any town planning schemes, issue 
directions to any local Authority, Urban Development Authority concerned, 
Gujarat Water Supply and Sewerage Board, Madhya Gujarat Urja Vikas 
Nigam and such other bodies as are connected with developmental activities in 
the Heritage Area 
(2) Notwithstanding anything contained in any other law for the 
time being in force, every such direction shall be complied with by the body to 
which it is issued. On failure, it shall be competent for the Authority to take 
necessary action to carry out the directions issued under sub-section (1) and 
recover expenses, if any, incurred from the body concerned. 
28. The Authority may compromise any claim or demand arising out of 
any contract entered into by it under this Act or any action or suit instituted by 
or against it for such sum of money or other compensation, as it may deem 
sufficient: 
Providecl that no such claim or demand exceeding twenty-five 
thousand rupees shall be compromised except with the previous approval of 
the State Government. 
29. Every member, every officer and other employees of the Authority 
shall, when acting or purporting to act in pursuance ·of the provisions of this 
Act or any rule or regulation made thereunder, be deemed to be a public 
45 of1860. servant within the meaning of section 21 of the Indian Penal Code. 
IV-Ex.,-31-4 
Sanction of 
Prose.:ution. 
~ntS rtaJiud 
to be credited 
to the Fund. 
Directions 
by Authority . 
Authority may 
compromise 
claims by or 
against it. 
Mem~rs2Dd 
officers to 
~public 
servants. 
31- 14 
Protection of 
action taken in 
good faith. 
Control by 
State 
Government. 
Act to over .. 
ride other 
State laws. 
Power to 
make Rules. 
GUJARAT GOVERNMENT GAZETTE EX. 9-11-2006 (PART-IV 
30. No suit, prosecution or other legal proceeding shall lie against the 
Authority or any member, officer or employee of the Authority or any person 
for anything which is in good faith done or intended to be done in pursuance 
of the provisions of this Act or any rule or regulation made thereunder. 
31. (1) The State Government may give such directions consistent with 
the object of this Act, to the Authority as in its opinion is necessary or 
expedient for carrying out the purposes of the Act. The Authority shall carry 
out such directions as may be issued from time to time by the State 
Government. 
(2) The authority shall furnish to the State Goyemment such 
reports, and other infonnation as the State Government may from time to time 
requl.l'e. 
(3) Where in connection with the exercise of its powers and 
discharge of its functions by the Authority under this Act, any dispute arises 
between the Authority and a local authority or any Board or Corporation the 
decision of the State Government on such dispute shall be final. 
32. The provisions of thi:> Act shall have effect notwithstanding anything 
inconsistent therewith contamcd in any other State laws for the time being in 
force. 
33. (!) The State Government may. by notification in the Official 
Gazelle. subject to the condition of PfE'.Vious publication, make rules to carry 
out the purposes of this Act: 
Provided that if the State Government is satisfied that the 
circumstances exist wr.1ch render it necessary to take immediate action, it may 
dispense with the previous publication of any rule to be made under this 
section. 
(2) All rules 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 IO the rescission by the State Legislature or to such 
modification as the State Legislature may make during the session in which 
they are so laid or !he session immediately following. 
{3) Any rescission or modification so made by the State 
Legislature shall be published in the Official Gazette, and shall thereupon take 
effect. 
' 
PART-NJ GUJARAT GOVERNMENT GAZETTE EX. 9-1 ! -2006 31-15 
Presiuc:ut's 
Act ,'\o. 27 
of 1976. 
Guj. 28 of 
2006. 
Guj. 28 of 
2006. 
34. The Authority may, with previous sanction of the State Government, Regulations. 
make regulations not inconsistent with this Act and the rules made thereunder 
for enabling it to perform its functions under this Act. 
35. (1) If any difficulty arises in giving effect to the provisions of this Removal of 
Act, the State Government, may by order published m the Official Gazette, difficulties. 
make such provisions not inconsistent with the provisions of this Act as the 
occasion may require to do anything which appears to be necessary for 
removing the difficulty: 
Provided that no such order shall be made nnder this section after the 
expiry of two years from the commencement ofihis Act. 
(2) Every order made under sub-section (1) shall be laid, as soon as 
may be, before the State Legislature. 
36. In the Gujarat Town Planning and Urban Del'elopment Act, 1976,-
(1) in section 2, after clause (xii), the following shall be inserted, 
namely · 
"(xii-a) "heritage area" means the heritage area as defined m clause (i) 
of section 2 of the Champaner-Pavagadh Archeological Park World 
He1itage Area Management Authority Act, 2006."; 
(2) in section 3, to sub-section (3), the following proviso shall be 
insert~, namely:-
"Pro\ided 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."; 
(3) in section 22, to sub-section ( J ), the following proviso shall be 
inserted, namely~-
"Provided that notwithstanding anything contained m this Act, 
in the case of the urban development area comprising the heritage area, 
the development plan shall also contain the particulars specified in the 
Champaner-Pavagadh Archeological park World Heritage .A.rea 
Management Authority Act, 2006 and the plan so prepared shall for the 
purpose of that Act be deemed to be the comprehensive development 
plan for the purpose of section 22 of this Act."; 
l 4) atler section 123, the foliowing secnon shall be inserted, 
namely:-
Amendmrot of 
Gujarat Town 
1'1aoniog and 
Urban 
De·•elopment 
Act. 1976. 
31- 16 
Consequences or 
constitution of 
the Champaner­
l'llvagadb 
Ardiaeologh:al 
l'llrk World 
Heritage Aru 
Management 
Authority. 
Application of 
the Gujar.ot 
Public 
Premises 
(E•iction or 
Unauthorized 
Occupants) 
Act, 1972. 
GUJARAT GOVERNMENT GAZETTE EX. 9-11-2006 [PART-IV 
"123A. Notwithstanding anything contained in this Act, with 
effect from the date of the constitution of the Champaner-Pavagadh 
Archaeological Park World Heritage Area Management Authority 
under the Champaner-Pavagadh Archaeological Park World Heritage 
Area Management Authority Act, 2006, such authority shall be the 
Area Development Authority or the Urban Development Authority for 
the area comprising the heritage area and shall exercise all the powers, 
perform duties and discharge functions under this Act as if it were 
Area Development Authority or Urban Development Authority 
constituted for the heritage area.". 
37. (1) The State Government may, by notification in the Official 
Gazette, provide from such dare as may be specified in such notification that 
the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1972 
shall apply to premises belonging to, vesting in or leased by the Authority as 
that Act applies in relation to public premises subject to the provision of sub­
section (2) . 
(2) On issue of the notification under sub-section (1), the aforesaid 
Act of 1972 and rules made thereunder shall apply to the premises of the 
Authority with the following modifications, namely: -
(a) the State Government may appoint an officer of the State 
Government or the Authority as it thin.ks fit, to be the Competent 
Authority for the purpose of the aforesaid Act; 
(b) reference to "public premises" in that Act and the rules shall be 
deemed to be references to premises of the Authority; and the 
references to the 'State Government' in that Act shall be deemed to be 
reference to 'the Authority'. 
Government Central Press, Gandhinagar. 
Guj. 28 
of2006. 
Guj. 12 
of 1973. 

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