ESTABLISHMENT AND CONSTITUTION OF AUTHORITY
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27. Directions by Authority
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.
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28. 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.
Authority may compromise claims by or against it 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:
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29. Provided that no such claim or demand exceeding twenty-five thousand rupees shall be compromised except with the previous approval of the State Government.
Members and officers to be public servants 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 servant within the meaning of section 21 of the Indian Penal Code.
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30. Protection of action taken in good faith
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.
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31. Control by State Government
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 Government such reports, and other information as the State Government may from time to time require.
- (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.
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32. Act to over-ride other State laws
32.
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33. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State laws for the time being in force.
Power to make Rules 33.
- (1) The State Government may, by notification in the Official Gazette, subject to the condition of previous publication, make rules to carry out the purposes of this Act: Provided that if the State Government is satisfied that the circumstances exist which 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 to 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 the 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.
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34. Regulations
34.
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35. The Authority may, with previous sanction of the State Government, make regulations not inconsistent with this Act and the rules made thereunder for enabling it to perform its functions under this Act.
Removal of difficulties 35.
- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government, may by order published in the Official Gazette, 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 under this section after the expiry of two years from the commencement of this Act.
- (2) Every order made under sub-section
- (1) shall be laid, as soon as may be, before the State Legislature.
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36. Amendment of Gujarat Town Planning and Urban Development Act, 1976
36. In the Gujarat Town Planning and Urban Development 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 in clause
- (i) of section 2 of the Champaner-Pavagadh Archeological Park World Heritage Area Management Authority Act, 2006.";
- (2) in section 3, to sub-section (3), the following proviso shall be inserted, namely:- " Provided 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 (1), the following proviso shall be inserted, namely:- " Provided that notwithstanding anything contained in 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 Area 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.";
- (4) after section 123, the following section shall be inserted, namely :- “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.”."
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37. Application of the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1972
37.
- (1) The State Government may, by notification in the Official Gazette, provide from such date 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
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