The Gujarat New Capital (Periphery) Control Act, 1960

Short title and extent

1. (1) This Act may be called the Gujarat New Capital (Periphery) Control Act, 1960.
2. (2) It extends to the periphery of the New Capital.
3. (3) It shall come into force in such area and on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas.

Definitions In this Act, unless the context otherwise requires,—

1. (1) "agriculture" includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder, trees any kind of cultivation of soil, breeding and keeping of livestock (including cattle, horses, donkeys, mules, pigs, fish and poultry) and the use of land which is ancillary to the farming of land or any other agricultural purpose but does not include the use of land as a garden which is an appendage to a building or the cutting and preservation of wood or the growing of trees and such other fruit trees as are not of a kind which may be described as agricultural produce;
2. (2) "the New Capital" means the new capital of the State of Gujarat;
3. (3) "Collector" means the Collector of the district in which the periphery or any part thereof is situate and includes any officer appointed by the State Government to perform all or any of the functions of the Collector under this Act;
4. (4) "Commissioner" means the Commissioner of the division in which the periphery or any part thereof is situate;
5. (5) "erect or re-erect any building" has the same meaning as is assigned to it in the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964);
6. (6) "periphery" means the area within such distance of the New Capital as the State Government may, by notification in the Official Gazette, specify in this behalf;
7. (7) "prescribed" means prescribed by rules made under this Act;
8. (8) "road" means any highway, street, lane, pathway, alley, or bridge, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and had access uninterruptedly for a period of twenty years and includes all carriageways, footways, pavements, berms, drains and embankments of such road.

Declaration of controlled area.

1. (1) If the State Government is of opinion that it is necessary so to do for the purpose of securing the planned development of the New Capital, it may, by notification in the Official Gazette, declare the area comprised in the periphery of, and within a distance of not more than sixteen kilometres from, the outer limits of the New Capital, to be a controlled area for the purposes of this Act.
2. (2) The State Government shall also cause the substance of the declaration to be published in such language as the State Government may deem fit, in the Official Gazette and in such number of local newspapers as the State Government may decide and also by beat of drum in the villages comprised in the controlled area.

Restrictions on building etc. in controlled area.

1. (1) No person shall erect or re-erect any building or make or extend any excavation, or lay out any means of access to a road, in a controlled area save in accordance with the plans and restrictions and with the previous permission of the Collector in writing.
2. (2) Every person desiring to obtain the permission referred to in sub-section
3. (1) shall make an application in writing to the Collector in such form and containing such information in respect of the building, excavation or means of access to which the application relates, as may be prescribed.
4. (3) On receipt of such application the Collector, after consultation with the Chief Town Planner, may either grant the permission subject to such conditions, if any, as may be specified in the order or refuse the permission: Provided that the permission shall not be refused except on the ground that the erection or re-erection of the building or the execution of the excavation or the layout of the means of access, as the case may be, is not in conformity with the planned development of the controlled area.
5. (4) Every order made under sub-section
6. (3) shall be communicated to the applicant in the manner prescribed.

Application for permission. —

1. (1) Any person desiring to undertake any development in the periphery shall make an application in writing to the Collector in such form and containing such particulars and accompanied by such documents as may be prescribed.
2. (2) Every such application shall be accompanied by such fee as may be prescribed.

Grant or refusal of permission. —

1. (1) On receipt of an application under section 5, the Collector shall, in consultation with the Commissioner, make such inquiry as he considers necessary and may, by order in writing, either grant the permission, subject to such conditions, if any, as may be specified in the order, or refuse to grant such permission: Provided that the permission shall not be refused unless the applicant has been given a reasonable opportunity of being heard.
2. (2) Where the Collector refuses to grant the permission, he shall record in the order the reasons for such refusal and shall communicate the same to the applicant.
3. (3) Where the Collector fails to communicate his order to the applicant within three months of the receipt of the application, such permission shall be deemed to have been granted.

Appeal

1. (1) Any person aggrieved by a decision of the Collector under section 3, 4, 5 or 6 may, within thirty days from the date of the decision, appeal to the Commissioner.
2. (2) The Commissioner shall, after giving the appellant a reasonable opportunity of being heard, pass such order on the appeal as he thinks fit.
3. (3) The order of the Commissioner shall be final.

Power of revocation and modification of permission

1. (1) If at any time after permission has been granted by the Collector under section 4 or 5, the State Government is satisfied that such permission was granted in consequence of any material misrepresentation or fraud or if it is necessary in the public interest to do so, it may, after giving the person concerned a reasonable opportunity of being heard, by order revoke or modify the permission.
2. (2) Where permission is revoked or modified under sub-section (1), any person who has suffered damage by reason of such revocation or modification shall be entitled to compensation: Provided that no compensation shall be payable for any damage suffered by any person if the revocation or modification is in consequence of any material misrepresentation or fraud on his part.
3. (3) Any person aggrieved by an order of the State Government under sub-section
4. (1) may, within thirty days from the date of the order, appeal to the State Government and the decision of the State Government on the appeal shall be final.

Register. —

1. (1) The Collector shall maintain a register in the prescribed form in which shall be entered such particulars as may be prescribed of all applications for permission under section 7, and of all decisions thereon.
2. (2) The register shall contain such particulars as will afford adequate information to any person having an interest in any land to ascertain whether the land is subject to any restriction under this Act.
3. (3) The register shall be available for inspection by the public on payment of the prescribed fee.

Penalty for unauthorised development. —

1. (1) Any person who—
   • (a) having obtained permission under section 7, undertakes or carries out any development otherwise than in accordance with the terms and conditions of such permission, or
   • (b) without obtaining such permission, or in contravention of any order passed under section 7, undertakes or carries out any development, shall, on summary enquiry by the Collector be punishable with a fine which may extend to five hundred rupees, and in the case of a continuing offence, with a further fine which may extend to fifty rupees for every day during which such offence continues after the conviction for the first commission of the offence.
2. (2) The Collector may also order such person to remove the development within such time as may be specified in the order, and if the development is not removed within the time so specified, the Collector may cause it to be removed and recover the cost of such removal from the person as an arrear of land revenue.

Power to require removal of unauthorised development. -

1. (1) Where any development of land has been carried out in or after the date on which the New Capital Periphery Control Regulations come into force, without the permission required under section 6, or in contravention of any permission granted or of any conditions subject to which permission has been granted, the Collector may, after giving to the owner or occupier of the land a reasonable opportunity of being heard, make an order directing that the development shall be removed by demolition, filling or otherwise as may be specified in the said order and upon such removal, any development of land which has been carried out otherwise than in accordance with the permission granted or in contravention of any condition subject to which permission has been granted shall also be removed.
2. (2) For the purpose of carrying out any such order, the Collector may apply to the nearest Magistrate of the first class to enforce such order, and such Magistrate may thereupon take such steps as may be necessary for the enforcement of the order and the recovery of costs of such enforcement through a warrant of attachment and sale of the movable property of the person who failed to comply with the order.

Recovery of cost of expenses incurred for action under section 11. -

Constitution of Advisory Committee Constitution of Advisory Committee.—

1. (1) For the purpose of advising the State Government or any officer authorised by it on such matters arising out of the administration of this Act as may be referred to it, the State Government shall constitute an Advisory Committee consisting of such number of persons as the State Government thinks fit.
2. (2) The Advisory Committee shall consist of—
   • (a) the Collector of the district in which the periphery or any part thereof is situate;
   • (b) the officer in charge of the planning of the New Capital;
   • (c) such other persons as the State Government may appoint in this behalf.
3. (3) The terms and conditions of office of the members of the Advisory Committee shall be such as may be prescribed.

Power of entry.— Any officer authorised by the State Government in this behalf may enter into or upon any land or building with or without assistants or workmen—

1. (a) for the purpose of making any inquiry, inspection, measurement, valuation or survey or taking levels of such land or building;
2. (b) for the purpose of examining works under construction and ascertaining the course of sewers and drains;
3. (c) for the purpose of digging or boring into the sub-soil;
4. (d) for the purpose of setting out boundaries and intended lines of work;
5. (e) for the purpose of making such levels, boundaries and lines by placing marks and cutting trenches;
6. (f) for the purpose of doing any other act or thing necessary for the carrying out of the purposes of this Act or any rule or regulation made thereunder: Provided that—
7. (a) no such entry shall be made between sunset and sunrise;
8. (b) no dwelling house and no part of a public building or dwelling house in actual occupancy shall be so entered without the consent of the occupier thereof unless at least twenty-four hours previous notice in writing of the intended entry has been given to the occupier;
9. (c) sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to women to remove themselves to some part of the premises where their privacy will not be disturbed;
10. (d) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered.

Service of notice etc.

1. (1) All notices, orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served—
   • (a) where the person to be served is a company, if the document is addressed to the secretary of the company at its registered office or at its principal office or place of business and is either—
     • (i) sent by registered post, or
     • (ii) delivered at the registered office or at the principal office or place of business of the company;
   • (b) where the person to be served is a partnership firm, if the document is addressed to the partnership firm at its principal place of business, identifying it by the name or style under which its business is carried on, and is either—
     • (i) sent by registered post, or
     • (ii) delivered at the said place of business;
   • (c) where the person to be served is a public body, or a corporation, society or other like body, if the document is addressed to the secretary, manager or other principal officer of that body at its principal office and is either—
     • (i) sent by registered post, or
     • (ii) delivered at that office;
   • (d) in any other case, if the document is addressed to the person to be served and—
     • (i) is given or tendered to him, or
     • (ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the periphery, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates, or
     • (iii) is sent by registered post to such person.
2. (2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed "the owner" or "the occupier" as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served—
   • (a) if the document so addressed is sent or delivered in accordance with clause
   • (d) of sub-section (1), or
   • (b) if the document so addressed or a copy thereof so addressed is delivered to some person on the land or building or where there is no person on the land or building to whom it can be delivered, is affixed to some conspicuous part of the land or building.

Public notice how to be made known Every public notice given under this Act or any rule or regulation made thereunder shall be in writing under the signature of the officer concerned and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality and by publishing the same by beat of drum or by advertisement in one or more local newspapers or by any other means that the officer may think fit.

Protection of action taken in good faith.— No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

Power to make rules.—

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the manner of prescribing the forms of application for permission under section 6 and the fees to be paid along with such application;
   • (b) the manner in which the plans and specifications for the building or the description of the land intended to be used shall be submitted;
   • (c) the procedure to be followed by the Collector in granting or refusing permission under section 7;
   • (d) the form and manner of the register to be maintained under section 15;
   • (e) any other matter which is required to be or may be prescribed.
3. (3) The rules made under this section shall be subject to the condition of previous publication.
4. (4) 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 such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

Power to delegate. The State Government may, by notification in the Official Gazette, delegate any of the powers conferred on it under this Act or the rules made thereunder to the Collector or any other officer subordinate to the State Government.

Effect of provisions of the Act inconsistent with other laws. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force in the State: Provided that nothing in this Act shall be deemed to prevent the carrying out of any development in accordance with the provisions of any other law for the time being in force in the State where such development was lawfully commenced before the date of the coming into force of this Act.