Chapter XI MISCELLANEOUS

38. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, no person shall have any right or any claim over any land which has been acquired by the State Government or by any Government agency prior to coming into force of this Act within the Pilgrimage Tourism Development area and had vested in it, (2) It shall be competent for the State Government to remove any person from the land referred to in sub-section (1).

(1) Any person who is engaged in any Pilgrimage Tourism activity or Pilgrimage Tourism trade within the Pilgrimage Tourism development area shall get himself registered before the Ambaji Pilgrimage Tourism Authority in the manner as may be determined by it.

(2) The Ambaji Pilgrimage Tourism Authority shall maintain information of all registrations made under sub-section (1) in the manner as may be determined by it.

It shall be competent for the State Government, if it considers it necessary to do so, to appoint any employee of the State Government to any office or post under the Ambaji Pilgrimage Tourism Authority upon such terms and conditions as the State Government may determine.

(1) If in the opinion of the State Government, the Ambaji Pilgrimage Tourism Authority is not competent to exercise or perform, or neglects or fails to exercise or perform, any power conferred or duty imposed upon it under any of the provisions of this Act, the State Government or a person or persons appointed in this behalf by the State Government may exercise such power or perform such duty.

(2) Any expenses incurred by the State Government or by such person or persons in exercising such power or performing such duty shall be paid out of the fund of the Ambaji Pilgrimage Tourism Authority and the State Government may make an order directing any person who for the time being has custody of any such funds to pay such expenses from such fund and such person shall be bound to comply with such order.

(1) For the discharge of duties and functions cast under this Act any person authorized by Ambaji Pilgrimage Tourism Authority or any other person authorized by the State Government or any authority shall be authorized to enter into or upon any land or building with or without assistance:

Provided that- (i) no such entry shall be made except between the hours of sunrise and sunset or without giving its occupier at least 24 hours' notice in writing of the intention to enter in the case of any building used as a dwelling house or in the land wherein such building exists; (ii) sufficient opportunity shall be given to enable a woman to withdraw from such land or building; (iii) due regard shall always be had to the social and religious usages of the occupants of the land or building entered.

(2) Any person who obstructs the entry of a person empowered or authorised under this section to enter into or upon any land or building shall on conviction, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees or with both.

(1) All documents including notices and orders required by this Act or any rules or regulations made thereunder to be served upon any person shall, save as otherwise provided in this Act or rules or regulations, be deemed to be duly served, -

(a) where the document is to be served on a Government department, railway, local authority, statutory authority, company, corporation, society or other body, if the document is addressed to the head of the Government department, General Manager of the railway, secretary or principal officer of the local authority, statutory authority, company, corporation, society or other body at its principal or branch office, or the local or registered office, as the case may be, and is either-

(i) sent by registered post to such office, or

(ii) delivered at such office;

(b) where the document is to be served on a partnership firm, addressed 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 to such place of business, or

(ii) delivered at the said place of business; and

(c) where any document is to be served on the owner or occupier or 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, 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 that person.

(2) Where a document is to be served on a partnership firm in accordance with this section, the document shall be deemed to be served on each partner.

(3) Where the person on whom a document is to be served is a minor, then service upon his guardian or any adult member of his family shall be deemed to be the valid service upon the minor.

Every public notice given under this Act shall be in writing and shall be widely circulated in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality and by advertisement in one or more local newspapers.

Where any notice, order or other document issued or made under this Act requires anything to be done for which no time is fixed, the notice, order or other document shall specify a reasonable time for processing the same.

(1) If the person committing an offence under this Act is a company, every person, who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that, nothing contained above shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance, of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly :

Explanation. - For the purposes of this section- (a) "company" means any corporate body and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm.

(1) Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State laws for the time being in force.

(2) Notwithstanding anything contained in any other law for the time being in force, when permission for such development has not been obtained under this Act, such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained.

In respect of the land which is included in the scheme sanctioned under the provisions of the Gujarat Town Planning and Urban Development Act, 1976, the provisions of the Gujarat Land Revenue Code, 1879, in so far as obtaining the permission of the Collector for the use of the agricultural land into any non-agriculture purpose is concerned, shall be applicable as per general or specific orders of the State Government made in this behalf.

Land needed for the purposes of a town planning scheme, development plan or an infrastructure project under this Act shall be deemed to be the land needed for public purpose within the meaning of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

All members, officers, and employees of the Ambaji Pilgrimage Tourism Authority, and other Government Company or Agency shall, while acting or purporting to act in pursuance of the provisions of this Act or the rules and regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

No suit, prosecution or other legal proceedings shall lie against the Ambaji Pilgrimage Tourism Authority, other Government companies or any of their committees, members, officers and employees for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rules or regulations made there under.

(1) The State Government may issue directions to the Ambaji Pilgrimage Tourism Authority for carrying out the purposes of this Act and the authority shall follow such directions.

(2) While exercising its powers and discharging of its functions by Ambaji Pilgrimage Tourism Authority under this Act, if any dispute arises between the authority and the State Government, the decision of the State Government on such disputes shall be final.

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(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 such modifications as the legislature may make during the session in which they are so laid or the session immediately following.

The Ambaji Pilgrimage Tourism Authority may make regulations not inconsistent with the provisions of this Act and the rules made there under to carry out the purposes of this Act and for enabling it to discharge its functions under this Act.

(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 appears to be necessary or expedient for removing the difficulty:

Provided that no order under sub-section (1) shall be made after the expiry of two years from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.

Notwithstanding anything done or any action taken including (i) any declaration of intention to make a town planning scheme, (ii) any draft development plan or draft town planning scheme published by Ambaji Area Development Authority, (iii) any application made to the State Government for the sanction of any draft development plan or draft town planning scheme, (iv) any sanction given by the State Government to the draft development plan or draft town planning scheme or any part thereof, (v) any restriction imposed on any person against carrying out any development work in any building or in or over any land or upon an owner of land or building against the erection or re-election of any building or work, (vi) any commencement certificate granted, (vii) any order or suspension of rule, bye-law, regulation, notification or order made, (viii) any purchase notice served on a Ambaji Area Development authority, (ix) any interest of an owner compulsorily acquired or deemed to have been acquired by it in pursuance of such purchase notice, (x) any revision of development plan, (xi) any appointment made of Town Planning officer, (xii) any proceeding pending before, and any decision of, a Town Planning Officer or a Board of Appeal, (xiii) any final scheme forwarded to, or sanctioned, varied or withdrawn by, the State Government, (xiv) any delivery of possession enforced, (xv) any eviction summarily made, (xvi) any notice severed, (xvii) any action taken to enforce a scheme, (xviii) any costs of scheme calculated and any payments made to Ambaji Area Development authority by owners of plots included in a scheme, (xix) any recoveries made or to be made or compensation awarded or to be awarded in respect of any plot, any rules or regulations made, under the Gujarat Town planning and Urban Development Act, 1976 shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and the provisions of this Act shall have effect in relation thereto.