The Gujarat District Planning Committees Act, 2008
The Gujarat District Planning Committees Act, 2008
1. Short title and commencement
- (1) This Act may be called the Gujarat Local Authorities and Town Planning Laws (Amendment) Act, 2019.
- (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Amendment of section 9 of President's Act, No. 27 of 1976
In the Gujarat Town Planning and Urban Development Act 1976, (hereinafter referred to as "the President's Act"), in section 9, to sub-section (1), the following proviso shall be inserted, namely: - " Provided that, the development plan shall include the proposals, with regard to spatial planning, of the development plan sanctioned under the Gujarat Metropolitan Planning Committees Act, 2008 or the Gujarat District Planning Committees Act, 2008, as the case may be.".
3. Amendment of section 12 of President's Act, No. 27 of 1976
In the President's Act, in section 12, in sub-section (1), the words and figures "which would be in conformity with the development plan under the provisions of the Gujarat Metropolitan
4. Planning Committees Act, 2008?" shall be deleted.
Inclusion of proposal regarding spatial planning in the development plan In the President's Act, after section 19, the following section shall be inserted, namely: - "19A. After the date specified in sub-section
- (2) of section 10A of the Gujarat District Planning Committees Act, 2008 or sub-section
- (2) of section 10A of the Gujarat Metropolitan Planning Committees Act, 2008, as the case may be, the appropriate authority shall include in the development plan to be under this Act, the proposals with regard to spatial planning, of the development plan to which sanction is accorded under clause
- (a) of sub- section
- (1) of section 10A of the Gujarat District Planning Committees Act, 2008 or clause
- (a) of sub-section
- (1) of section 10A of the Gujarat Metropolitan Planning Committees Act, 2008, as the case may be, by varying the development plan under section 19, as the appropriate authority may consider proper.".
5. Amendment of section 1 of Guj. 11 of 2008
In the Gujarat District Planning Committees Act, 2008 (hereinafter referred to as "the DPC Act"), in section 1, in sub-section
- (2) , for the words and figures "the Bombay Provincial Municipal
6. Corporations Act, 1949", the words and figures "the Gujarat Metropolitan Planning Committees Act, 2008" shall be substituted.
Amendment of section 2 of Guj. 11 of 2008 In the DPC Act, in section 2, before clause (a), the following clause shall be inserted, namely: - "(a-1) "appropriate authority" means an authority as defined under clause
- (iii) of section 2 of the Gujarat Town Planning and
7. Urban Development Act 1976;".
Inclusion of proposals in development plan In the DPC Act, after section 10, the following sections shall be inserted, namely, - Inclusionof proposals .,10A.
- (1) The State Govemment in development plan. may, on receipt of the draft development plan submitted by the District Planning Committee or the authorized officer, as the case may be, by notification in the Official Gazette, either -
- (a) sanction or refuse to sanction the draft development plan so received for the whole of the area covered by the plan or separately for any part thereof, either without modification, or subject to such modification, as it may consider proper; or
- (b) return the draft development plan to the district planning committee or the authorized officer, as the case may be, for modifying the plan as it may direct.
- (2) The sanction accorded under clause (a), shall be called the final development plan which shall come into force on such date as the State Government may, by notification in the Official Gazette, specify.
- (3) A final development plan which has come into force shall be binding on the concerned all authorities functioning in the district.
8. Amendment of section 2 of Guj. 18 of 2008
In the Gujarat Metrolitan Plannins Committees Act, 2008 (hereinafter referred to as "the MPC Act"), in section 2, before clause (a), the following clause shall be inserted, namely:- "(a-l) "appropriate authority" means an authority defined under clause
- (iii) of section 2 of the Gujarat Town Planning and Urban
9. Development Act 1976;".
Inclusion of proposals in development plan -1 9. In the MPC Act, after section 10, the following sections shall be inserted, namely, - Inclusion of proposals in development plan. 10A.
- (1) The State Government may, on receipt of the draft development plan submitted by the Metropolitan Planning Committee, by notification in the Official Gazette, either -
- (a) sanction or refuse to sanction the draft development plan so received for the whole of the area covered by the plan or separately for any part thereof, either without modification, or subject to such modification, as it may consider proper; or
- (b) return the draft development plan to the metropolitan planning committee or the authorized officer, as the case may be, for modifying the plan as it may direct.
- (2) The sanction accorded under clause
- (a) of sub-section (1), shall be called the final development plan which shall come into force on such date as the State Government may, by notification in the Official Gazette, specify.
- (3) A final development plan which has come into force shall be binding on the concerned all authorities functioning in the metropolitan area. 10B. (1). If on a proposal received from a Metropolitan Planning Committee in that behalf or otherwise, the State Government is of opinion that, it is necessary in the public interest to make any variation in the final development plan (hereinafter referred to as "the variation"), it shall publish in the Official Gazette, the variation proposed in the final development plan, along with a notice, inviting objections or suggestions from any person with respect to the variation within a period of two months from the date of publication of the variation.
- (2) After considering the objections or suggestions, if any, received under sub-section
- (1) within the period specified therein and after consulting the metropolitan planning committee in a case where the variation is not proposed by that district planning committee, the State Government may, by notification in the Official Gazette, sanction the variation with or without modifications, as it may consider fit to do and such variation shall come into force on such date as may be specified in the notification.
- (3) From the date of coming into force of the variation, the provisions of this Act shall apply to such variation, as they apply to a final development plan. Direction by State
10C. Government
- (1) Every Metropolitan Planning Committee shall carry out such directions or control by instructions as may be issued from time to time by the State Government for the efficient administration of this Act.
- (2) If in, or in connection with, the exercise of its powers and discharge of its functions by any Metropolitan Planning Committee under this Act any dispute arises between the Metropolitan Planning Committee and the State Government or any other authority, the decision of the State Government on such disputes shall be final.
- (3) Notwithstanding anything contained in this Act or any other law for the time being in force, the state government may appoint any officer, who shall, -
- (a) assist the metropolitan planning committee in the preparation of the development plan under the Act;
- (b) maintain the records of the committee, prepare the records, of the discussions and communication of decisions and all other incidental, ancillary matters.
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