GUJARAT REGULARISATION OF UNAUTHORISED DEVELOPMENT (AMENDMENT) ACT, 2003
GUJARAT ACT NO. 12 OF 2003.
(First published, after having received the assent of the Governor in the “Gujarat Government Gazette”, on the 31st March, 2003.
An Act further to amend the Gujarat Regularisation of Unauthorised Development Act, 2001.
It is hereby enacted in the Fifty-fourth Year of the Republic of India as follows:-
Short title and commencement.
1. (1) This Act may be called the Gujarat Regularisation of Unauthorised Development (Amendment) Act, 2003.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of section 3 of Guj. 23 of 2001.
Guj. 23 of 2001.
2. In the Gujarat Regularisation of Unauthorised Development Act, 2001 (hereinafter referred to as “the principal Act”), in section 3,-
(1) in sub-section (2), —
(a) in clause (a), -
(i) for the portion beginning with the words “per square meter of each category” and ending with the words “specified therein”, the words “as may be prescribed by the State Government” shall be substituted;
(ii) the provisos shall be deleted,
(b) the TABLE OF FEES and Explanation thereunder shall be deleted;
(2) in sub-section (3), in clause (b), to sub-clause (i), the following proviso shall be inserted, namely:-
“Provided that the provision of this sub-clause shall not apply to the buildings having ground plus one floor constructed as load-bearing structure”.
Insertion of new section 3A in Guj. 23 of 2001.
3. In the principal Act, after section 3, the following section shall be inserted, namely:-
Application of sections 3 and 4 in certain circumstances.
Guj.12 of 2003.
“3A. (1) The provisions of sections 3 and 4, as amended by the Gujarat Regularisation of Unauthorised Development (Amendment) Act, 2003, shall also be applicable where certificate referred to in sub-section (3) of section 3 has not been issued on the date of commencement of the said Act.
Guj. 12 of 2003.
(2) The notice issued to the person under sub-section (2) of section 3 shall be deemed to be a notice issued under the provisions of this Act as amended by the Gujarat Regularisation of Unauthorised Development (Amendment) Act, 2003.”.
Amendment of section 4 of Guj. 23 of 2001.
4. In the principal Act, in section 4, in sub-section (3), in clause (b), to sub-clause (i), after the existing proviso, the following proviso shall be inserted, namely:-
“Provided further that in case where it is not feasible to provide the parking facilities as mentioned above, the designated authorities may charge parking creation fee, as may be decided by the designated authority and facilitate in providing the required facilities or may provide for the same on the basis of build, own, operate and transfer on behalf of the defaulters.”
Amendment of section 9 of Guj. 23 of 2001.
5. In the principal Act, in section 9, in sub-section (2), after clause (a), the following clause shall be inserted, namely:-
“(aa) the rates of fees under sub-section (2) of section 3;”. |
