BOMBAY TOWN PLANNING (GUJARAT AMENDMENT AND VALIDATING PROVISIONS) ACT, 1963
GUJARAT ACT NO. LII OF 1963.
(First published, after having received the assent of the President in the "Gujarat Government Gazette” on the 27th November 1963).
An Act to amend with retrospective effect the Bombay Town Planning Act, 1954 for certain purposes and to validate certain actions taken and things done under that Act It is hereby enacted in the Fourteenth Year of the Republic of India as follows:-
Short title.
1. This Act may be called the Bombay Town Planning (Gujarat Amendment and Validating Provisions) Act, 1963.
Amendment of section 2 of Bom. XXVII of 1955.
2. In section 2 of the Bombay Town Planning Act, 1954 (hereinafter referred to as “the principal Act” shall be substituted, namely:—
“(b) a gram or nagar Panchayats constituted or deemed to be constituted under the Gujarat Panchayats Act, 1961 which is permitted in this behalf by the State Government to exercise the powers of a local authority under the Act;
Explanation.- If any area comprising a municipal district or municipal borough is declared to be a gram or nagar under section 9 of the Gujarat Panchayats Act, 1961, the gram panchayat or nagar panchayat established for such area in place of the municipality shall be deemed to continue as the local authority for that area;”.
Amendment of section 18 of Bom. XXVII of 1955.
3. In section 18 of the principal Act, for clause (1), the following clause shall be and shall, be deemed always to have been substituted, namely:—
"(1) a local authority may make one or more town planning schemes for the area within its jurisdiction or any part thereof, regard being had to the proposals in the final development plan, if any;”.
Amendment of section 32 of Bom. XXVII of 1955.
4. In section 32 of the principal Act, in sub-section (3), in the proviso, after the words “in the order” the following shall be and shall be deemed always to have been inserted, namely:—
“and any such order extending the period may be made so, as to have retrospective effect”.
Amendment of section 66 of Bom. XXVII of 1955.
5. In section 66 of the principal Act, in sub-section (1), in the proviso, for clause (i), the following shall be substituted, namely:—
“(i) (a) where the cost of the scheme does not exceed half the increment, the cost shall be met wholly by a contribution, and
(b) where it exceeds half the increment, to the extent of half the increment it shall be met by a contribution and the excess shall be borne by the local authority;”.
Amendment of section 90 of Bom. XXVII of 1955.
6. In section 90 of the principal Act-
(1) in sub-section (2)-
(i)the words “any appointment made of an arbitrator, any proceeding pending before the arbitrator” shall be and shall be deemed always to have been deleted; and
(ii) for the words “proceedings, suspension” the word “suspension” shall be and shall be deemed always to have been substituted;
(2) after sub-section (3), the following sub-section shall be and shall be deemed always to have been inserted, namely :—
“(4) Any appointment of an arbitrator made under the Act so repealed and subsisting immediately before the date of the commencement of this Act shall continue as if such arbitrator were appointed as a Town Planning Officer under this Act and all proceedings pending before such arbitrator immediately before the said date shall continue as if it were proceedings before a Town Planning Officer under this Act and the provisions of this Act shall, so far as may be, apply to such appointment and proceedings.”.
Validation of certain section taken and things done.
7. Notwithstanding anything contained in any judgment, decree or order of a Court or an authority or any award of a tribunal—
(a) any town planning scheme sanctioned or continued as sanctioned under the principal Act before the commencement of this Act shall be valid and effectual and shall not be called in question merely on the ground that a development plan in respect of the area to which the town planning scheme relates had not been prepared, published or sanctioned under the principal Act before the town planning scheme was sanctioned or continued as sanctioned under the principal Act;
Bom. I of 1915.
(b) any final scheme drawn up by a Town Planning Officer or an arbitrator appointed under the Bombay Town Planning Act, 1916 and continued under section 90 of the principal Act and any scheme sanctioned at any time between the first day of April 1957 and the date of the commencement of this Act shall be valid and effectual and shall not be called in question merely on the ground that the appointment of the arbitrator and the proceedings before him did not continue under the principal Act, or that the Town Planning Officer or, as the case may be, the arbitrator did not decide all the matters referred to in sub-section (1) of section 32 of the principal Act within the period of twelve months mentioned in sub-section (3) of that section or that all such matters had been decided out of time, or that the extension of period was granted under the proviso to the said sub-section (3) after the period had expired; and any decision of the Board of Appeal in an appeal against an order of an arbitrator given during the aforesaid time shall be valid and effectual and shall not be called in question merely on the ground that the Board of Appeal had no jurisdiction to entertain and decide such appeal. |
