THE GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT (AMENDMENT) ACT, 1999
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 8th March, 1999 is hereby published for general information.
KUM. H.K. JHAVERI,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO.2 OF 1999
(First published after having received the assent of the Governor in the Gujarat Government Gazette, on the 9th March, 1999).
AN ACT
further to amend the Gujarat Town Planning and Urban Development Act, 1976
It is hereby enacted in the Fiftieth Year of the Republic of India as follows:—
Short title and commencement
1. (1) This Act may be called the Gujarat Town Planning and Urban Development (Amendment) Act, 1999.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of section 2 of President’s Act No.27 of 1976
2. (1) In the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as “the Principal Act”), in section 2,—
(i) in clause (iv), after the words and figure “under section 5”, the words, brackets and figure “and includes a local authority, designated as such under sub-section (1) of section 6 or Government company designated as such under section 6A” shall be inserted.
(ii) after clause (xxix) the following clause shall be added, namely:—
“(xxx) “Government company” means a Government company registered under the Companies Act, 1956 which has one of its objects the development of an area.”.
Amendment of section 5 of President’s Act No.27 of 1976
3. In the principal Act, in section 5, in sub-section (3), for clause (iii), the following clauses shall be substituted, namely:—
“(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;”.
Amendment of Section 6 of President’s Act No.27 of 1976
4. In the principal Act, in section 6,—
(1) in sub-section (2), after clause (ii), the following clauses shall be inserted, namely:—
(iii) “One official of the State Government to be nominated by the State Government, ex-officio;
(iv) Chief Officer or, as the case may be, Secretary of the local authority.”.
(2) in sub-section (3), after the words “Standing Committee”, the words or, as the case may be, Executive Committee” shall be inserted.
Insertion of new section 6A in President’s Act No.27 of 1976
5. In the principal Act, after section 6, the following section shall be inserted, namely:—
Power to designate Government company as an Area Development Authority
“6A. The State Government may, instead of constituting an area development authority for a development area, designate the Government company as the area development authority for any development area.”.
Amendment of section 7 of President’s Act No.27 of 1976
7. In the principal Act, in section 17,—
(1) in sub-section (1), in clause (d), for the word, brackets and letter “clause (b)”, the words, brackets and letters “clause (a), clause (b)” shall be substituted;
(2) in sub-section (2), for the word, brackets and letter “clause (n)”, the words, brackets and letters “clause (n) or clause (o)” shall be substituted.
Amendment of section 20 of President’s Act No.27 of 1976
8. In the principal Act, in section 20, in sub-section (1), for the words, brackets and letters “clause (k) or clause (n)”, the words, brackets and letters clause (f), clause (k), clause (n) or clause (o)” shall be substituted.
Amendment of section 22 of President’s Act No.27 of 1976
9. In the principal Act, in section 22,—
(1) in sub-section (1), the words “and not by any other authority| occurring at the end shall be deleted.
(2) after sub-section (2), the following sub-section shall be inserted, namely:—
“(2A) The State Government may, by notification in the Official Gazette, include in or exclude any area from an urban development area, amalgamate two or more urban development areas into one urban development area, sub-divide any urban development area into different urban development areas and include such sub-divided urban development area in any other urban development area.”;
(3) in sub-section (4),—
(a) in clause (ii), for the words “two in number”, the words “four in number” shall be substituted;
(b) in clause (iii), for the words “two officials”, the words “three officials” shall be substituted;
(c) after clause (vi), the following clause shall be inserted, namely:—
“(vi-a) the Municipal Commissioner of the Municipal Corporation if any, functioning in the urban development area, ex-officio;”.
Amendment of section 23 of President’s Act No.27 of 1976
10. In the Principal Act, in section 23, in sub-section (1), in clause (ii), after the words “the preparation”, the words “and execution” shall be inserted.
Insertion of new section 23-A in President’s Act No.27 of 1976
11. In the principal Act, after section 23, the following section shall be inserted, namely:—
Entrustment of powers and functions to Government company
“23-A The State Government may, by notification, in the Official Gazette, entrust to the Government company, all or any of the powers and functions of the appropriate authority.”;
Amendment of section 40 of President’s Act No.27 of 1976
12. In the principal Act, in section 40, in sub-section (3), for clause (jj), the following shall be substituted, namely:—
“(jj) (a) the allotment of land from the total area covered under the scheme, to the extent of,—
(i) fifteen per cent for roads,
(ii) five per cent for parks, play grounds, gardens and open space,
(iii) five per cent for social infrastructure such as schools, dispensary, fire brigade, public utility place as earmarked in the Draft Town Planning Scheme, and
(iv) fifteen per cent for sale by appropriate authority for residential, commercial or industrial use depending upon the nature of development.
provided that the percentage of the allotment of land specified in paragraphs (i) to (iii) may be altered depending upon the nature of development and for the reasons to be recorded in writing;
(b) the proceeds from the sale of land referred to in para (iv) of sub-clause (a) shall be used for the purpose of providing infrastructural facilities.
(c) the land allotted for the purposes referred to in paragraphs (ii) and (iii) of sub-section (a) shall not be changed by variation of schemes for the purpose other than public purpose.
Amendment of section 42 of President’s Act No.27 of 1976
13. In the principal act, in section 42, in sub-section (1),—
(a) for the words “twelve months”, the words “nine months” shall be substituted;
(b) in the proviso, for the words “six months”, the words “three months” shall be substituted.
Amendment of section 48 of President’s Act No.27 of 1976
14. In the principal Act, in section 48,—
(1) in sub-section (1), for the words “four months”, the words “three months” shall be substituted;
(2) in sub-section (2), for the words “six months”, the words “three months” shall be substituted.
Insertion of new section 48-A in President’s Act No.27 of 1976
15. In the principal Act, after section 48, the following section shall be inserted, namely:—
Vesting of land in appropriate authority
“48-A. (1) Where a draft scheme has been sanctioned by the State Government under sub-section (2) of section 48, (hereinafter in this section, referred to as ‘the sanctioned draft scheme’), all lands required by the appropriate authority for the purposes specified in clause (c), (f), (g) or (h) of sub-section (3) of section 40 shall vest absolutely in the appropriate authority free from all encumbrances.
(2) Nothing in sub-section (1) shall affect any right of the owner of the land vesting in the appropriate authority under that sub-section.
(3) The provisions of section 68 and 69 shall mutatis mutandis apply to the sanctioned draft scheme as if,—
(i) sanctioned draft scheme were a preliminary scheme, and
(ii) in sub-section (1), for the words “comes into force”, the words, brackets and figures “the date on which the draft scheme is sanctioned under sub-section (2) of section 48” were substituted.
Amendment of section 50 of President’s Act No.27 of 1976
16. In the principal Act, in section 50, after sub-section (1), the following proviso shall be added, namely:—
Provided that the State Government may, on the request made by the Appropriate Authority, appoint a Town Planning Officer within one month from the date of the publication of the Draft Scheme under sub-section (1) of section 42.
Amendment of section 51 of President’s Act No.27 of 1976
17. In the principal Act, in section 51, for the proviso, the following proviso shall be substituted, namely:—
“Provided that the State Government may, by order in writing, extend the said period by such further period not exceeding nine months in aggregate and any such order extending the period may be made so as to have retrospective effect;
Provided further that the State Government may, by order and for reasons to be recorded in writing, extend such further period not exceeding six month.”.
Amendment of section 54 of President’s Act No.27 of 1976
18. In the principal Act, for section 54, the following shall be substituted, namely:—
“54. (1) Any decision of the Town Planning Officer under clause (iii), (iv), (vi), (vii), (viii) and (x) of sub-section (3) of section 52 shall forth with be communicated to the party concerned in the prescribed form and any party aggrieved by such decision may within one month from the date of communication of decision, present an appeal to the Board of Appeal constituted under section 55.
(2) (a) A Board of Appeal existing immediately before the commencement of the Gujarat Town Planning and Urban Development (Amendment) Act, 1999 shall continue to hear and decide appeal until the date on which the Board of Appeal is constituted (hereinafter referred to as “the said date”), by the State Government under section 55, and
(b) all appeals pending on the said date before any Board of Appeal shall stand transferred to the Board of Appeal so constituted.
Amendment of section 55 of President’s Act No.27 of 1976
19. In the principal Act, in section 55, for sub-section (1), the following shall be substituted, namely:—
“(1) (a) The State Government shall, from time to time by an order published in the Official Gazette, constitute a Board of Appeal for hearing and deciding appeals under section 54.
(b) the Board of Appeal shall consist of three Members, one of whom shall be its President and two persons, possession such qualifications and experience as may be prescribed, as assessor.
(c) The President shall be a person who is or has been a District Judge or a Judge of the City Civil Court, Ahmedabad.
(d) The terms of appointment of the President of the Board of Appeal and conditions of service shall be such as may be prescribed.
Insertion of new section 70A in President’s Act No.27 of 1976
20. In the principal Act, after section 70, the following section shall be inserted, namely:—
Variation of Town Planning Scheme for land allotted for public purpose
“70 A. if any time after the final town planning scheme comes into force, the appropriate authority is of the opinion that the purpose for which any hand is allotted in such scheme under any of the paragraphs (ii) and (iii) of sub-clause (a) of clause (jj) of sub-section (3) of section 40 requires to be changed to any other purpose specified in any of the said paragraphs, the appropriate authority may make such change after following the procedure relating to amendment of regulations, specified in section 72 as if such change were an amendment of regulations.”.
Amendment of section 117 of President’s Act No.27 of 1976
21. In the principal Act, in section 117, clause (a) shall be deleted.
Amendment of section 118 of President’s Act No.27 of 1976
22. In the principal Act, in section 118, in sub-section (2), in clause (xxx), for the words “the qualifications”, the words “the terms of appointment and conditions of service of President; and the qualifications” shall be substituted. |
