BOMBAY TOWN PLANNING (GUJARAT EXTENSION AND AMENDMENT) ACT, 1967
GUJARAT ACT NO. 12 OF 1968.
(First published, after having received the assent of the President in the “Gujarat Government Gazette” on the 6th May 1968).
An Act further to amend the Bombay Town Planning Act, 1954, for the purpose of extending it to the rest of the State of Gujarat and for certain other purposes.
It is hereby enacted in the Nineteenth Year of the Republic of India as follows; —
Short title and commencement.
1. (1) This Act may be called the Bombay Town Planning (Gujarat Extension and Amendment) Act, 1967.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of section 1 of Bom. XXVII of 1955.
2. In the Bombay Town Planning Act, 1954 (hereinafter referred to as “the principal Act”), in section 1,—
(a) to sub-section (2), the following proviso shall be added, namely:—
Guj.12 of 1968.
“Provided that on and from the date of the commencement of the Bombay Town Planning (Gujarat Extension and Amendment) Act, 1967, it shall extend to the whole of the State of Gujarat.”;
(b) to sub-section (3), the following proviso shall be added, namely;—
Guj. 12 of 1968.
“Provided that in the Saurashtra area and the Kutch area of the State of Gujarat it shall come into force on the date of the commencement of the Bombay Town Planning (Gujarat Extension and Amendment) Act, 1967.”.
Amendment of section 2 of Bom. XXVII of 1955.
Guj.34 of 1964.
3. In section 2 of the principal Act, in clause (4) for the words and figures “or a municipality constituted under the Bombay Municipal Boroughs Act, 1925 or the Bombay District Municipal Act, 1901” the words and figures “or a municipality constituted or deemed to be constituted under the Gujarat Municipalities Act, 1963” shall be substituted.
Amendment of section 3 of Bom. XXVII of 1955.
4. In section 3 of the principal Act, to sub-section (1), the following proviso shall be added, namely:—
“Provided that where in respect of any local authority in the Saurashtra area of the State of Gujarat a period has been fixed under section 3 of the Saurashtra Town Planning Act, 1955 and such period has not expired before the coming into force of this Act in that area, the period so fixed shall be the period within which such local authority shall carry out the survey of the area within its jurisdiction and prepare and publish the development plan and submit it to the State Government for sanction”.
Amendment of section 49 of Bom. XXVII of 1955.
5. In section 49 of the principal Act, the Explanation shall be renumbered as Explanation 1, and,—
(a) in the Explanation 1 as so renumbered, for the words “For the purposes of this section”, the words “For the purposes of this section, in the Bombay area of the State of Gujarat" shall be substituted;
(b) after Explanation 1 as so renumbered the following Explanation shall be added, namely : —
Sau. Act XII of 1955.
"Explanation 2.—For the purposes of this section, in the Saurashtra area of the State of Gujarat a pending scheme shall mean a scheme in respect of which a declaration of its intention to make a scheme has been made by a local authority under the corresponding provisions of the Saurashtra Town Planning Act, 1955 but in respect of which final scheme has not been forwarded to the State Government for sanction under section 43 of the said Act.”.
Amendment of section 77 of Bom. XXVII of 1955.
6. In section 77 of the principal Act, in sub-section (1), after the words and figures "Local Authorities Loans Act, 1914” the words and figures “or as the case may be, the Saurashtra Local Authorities Loans Act, 1951” shall be added.
Substitution of section 85 of Bom. XXVII of 1955.
7. For section 85 of the principal Act, the following section shall be substituted, namely:-
Special provision in case of dissolution or supersession of local authority.
“85. Where a local authority is dissolved or superseded under any of the provisions of the Act under which it was constituted—
(a) a person appointed under such Act to exercise the powers and perform the functions of the local authority shall be deemed to be a local authority under this Act, and he may exercise all the powers and perform all the duties of a local authority under this Act, during the period of his appointment;
(b) in the event of the person appointed as aforesaid exercising the powers and performing the duties of a local authority under this Act, any property which may under the provisions of this Act vest in the local authority shall, during the period of the dissolution or supersession of the local authority vest in the State Government, and such property, shall, at the end of the said period, vest in such local authority, as the State Government may by notification in the Official Gazette direct.”.
Amendment of section 87 of Bom. XXVII of 1955.
8. In section 87 of the principal Act, after sub-section (4), the following sub-sections shall be added, namely:—
“(5) 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 to rescission by the Legislature, or to such modification as the Legislature may make during the session in which they are so laid or the session immediately following.
(6) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.”.
Insertion of section 91 in Bom. XXVII of 1955.
9. After section 90 of the principal Act, the following new section shall be inserted, namely:—
Repeal of Sau. Act. XII of 1956 and saying.
“91. (1) On the date of the commencement of the Bombay Town Planning (Gujarat Extension and Amendment) Act, 1967, the Saurashtra Town Planning Act, 1955 shall stand repealed.
(2) Notwithstanding the repeal of the Act—
(a) anything done or any action taken (including any appointment, order, decision, notification, rule, regulation or declaration made and any development plan prepared and published or sanctioned or any draft scheme, preliminary scheme, final scheme prepared, made or sanctioned and any permission or certificate granted, and any notice issued or served and any increment, contribution, cost or compensation calculated, determined or awarded and any Board constituted) under any provision of the Act so repealed shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue in force until superseded by anything done or any action taken under this Act; and accordingly any proceeding commenced under the Act so repealed and pending before any authority immediately before the commencement of this Act shall be continued and be disposed of by the authority competent to dispose of such proceeding under this Act;
(b) the repeal shall not affect —
(i) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed or any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or
(ii) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed under the corresponding provisions of this Act as if the right, privilege, obligation, liability, penalty, forfeiture or punishment had accrued under this Act.”.
Amendment of Schedule to Bom. XXVII of 1955.
10. In paragraph 1 of the Schedule to the principal Act, section 23 shall be renumbered as sub-section (1) of that section, and
(1) in sub-section (1) as so renumbered after clause (6), the following shall be added, namely : —
“(7) damage, if any bonafide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time when the possession of the land was taken.”;
(2) after sub-section (1) as so renumbered the following shall be inserted, namely:—
“(2) In addition to the market value of land, as provided in sub-section (1) the Court shall in every case award a sum of fifteen per centum on such; market value, in consideration of the compulsory nature of acquisition.”. |
