Chapter III DECLARATION OF URBAN DEVELOPMENT AREAS AND CONSTITUTION

OF URBAN DEVELOPMENT AUTHORITIES.

Declaration of urban development area and constitution of urban development authority.

22. (1) Where the State Government is of opinion that the object of proper

development or redevelopment of any urban area or group of urban areas in the State together with such adjacent areas as may be considered necessary, whether covered under a development area already declared as such under section 3 or not, will be best served by entrusting the work of development or redevelopment thereof to a special authority, instead of to an area development authority, the State Government may, by notification, declare such area to be an urban development area and constitute an authority for such area to be called the urban development authority of that area, and thereupon all the powers and functions of an area development authority relating to the development or redevelopment of a development area under this Act shall, in

relation to such urban development area, be exercised and

performed by such urban development authority

2[***]:

1. Sub-section (1) was substituted by Guj. 11 of 2014, s. 9. 2. The words "and not by any other authority" were deleted by Guj. 2 of 1999, s. 9(1).

Guj. 28 of 2006.

1[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.]

1. (2) Every notification issued under sub-section (1) shall define the limits of the area to which it relates.

2[2A) The State Government may, by notification in the Official Gazette,

include in or exclude any area from an urban development area, amalgamate two or more urban development areas into one urban development area, sub-divide any urban development area into different urban development areas and include such sub-divided urban development area in any other urban development area.]

1. (3) Every urban development authority constituted under

sub-section (1) shall be a body corporate, by the name aforesaid,

having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and by the said name sue and be sued.

1. (4) The urban development authority shall consist of the following members, namely :--
   • (i) a Chairman to be appointed by the State Government;
   • (ii) such persons, not exceeding 3[four in number], who are members of the local authority or authorities functioning in the urban development area, as may be nominated by the State Government; (iii) 4[Three officials] of the State Government, to be nominated by that Government, ex-officio;
   • (iv) the Presidents of the district panchayats functioning in the urban development area, or, as the case may be, part thereof, ex-officio;
   • (v) the Chief Town planner or his representative, ex-officio;
   • (vi) the Chief Engineer or Engineers (Public Health) of the local authority or authorities functioning in the urban development area or his or their nominee or nominees, ex-officio; 5[(vi-a) the Municipal Commissioner of the Municipal Corporation, if any, functioning in the urban development area, ex-officio;]
   • (vii) a member secretary to be appointed by the State Government who shall also be designated as the Chief Executive Authority of the Urban Development Authority. 6[(4A) Notwithstanding anything contained in sub-section (4), the State Government, to deal with the situating arising out of natural calamity or disaster, may by notification constitute the urban development authority or reconstitute any existing urban development authority constituted under sub-section (1), for any urban development area declared as such under sub-section (1), consisting of such members as it deems fit.]"
2. (5) The provisions of sub-sections (5) to (12) of section 5 shall apply in relation to an urban development authority as they apply in relation to an area development authority, with the modifications that references to and area development authority in the said sub-sections shall be construed as references to and urban development authority. 1. This proviso was inserted by Guj. 28 of 2006, s. 36(3).

2. Sub-section (2A) was inserted by Guj. 2 of 1999, s. 9 (2).

3. These words were substituted for the words "two in number" ibid., s. 9 (3) (a).

6. Sub-section (4A) was inserted by Guj. 16 of 2001, s. 4. Powers and functions of urban development authority. 23. (1)

1[The powers and functions of] an urban development authority

shall be:-

1. (i) to undertake the preparation of development plans under the provisions of this Act, for the urban development area ;
2. (ii) to undertake the preparation 2[and execution] of town planning schemes under the provisions of this Act, if so directed by the State Government;

3[(ii-a) to undertake the preparation execution of Local Area Plan

under the provisions of this Act, if so directed by the State Government;]

1. (iii) to carry out surveys in the urban development area for the preparation of development plans or town planning schemes;
2. (iv) to guide, direct and assist the local authority or authorities and other statutory authorities functioning in the urban development area in matters pertaining to the planning, development and use of urban land;
3. (v) to control the development activities in accordance with the development plan in the urban development area; 4[(v-a) to levy and collect such scrutiny fees for scrutiny of documents submitted to the appropriate authority for permission for development as may be prescribed by regulations;]
4. (vi) to execute works in connection with supply of water, disposal of sewerage and provision of other services and amenities; 5[(vi-a) to levy and collect such fees for the execution of works referred to in clause (vi) and for provision of other services and amenities as may be prescribed by regulations;]
5. (vii) to acquire, hold, manage and dispose of property, movable or immovable, as it may deem necessary;
6. (viii) to enter into contracts, agreements or arrangements, with any local authority, person or organisation as the urban development authority may consider necessary for performing its functions;
7. (ix) to carry out any development works in the urban development area as may be assigned to it by the State Government from time to time;

6[(ix-a) to levy and collect such fees or charges for the execution

of works and for provision of other services and amenities as specified in the Local Area Plan.]

1. (x) to exercise such other powers and perform such other functions as are supplemental, incidental or consequential to any of the foregoing powers and functions or as may be directed by the State Government.

1. (2) The urban development authority may, with the approval of the State Government, delegate 7[any of its powers and functions] to the local authority or authorities functioning in the urban development area.
2. (3) The urban development authority shall have its office at such place as the State Government may specify in this behalf. Entrustment of powers and functions to

The State Government may, by notification, in the Official Gazette, entrust to the Government company, all or any of the powers and functions of the appropriate authority.]

1. These words were substituted for the words "The functions of" by Guj. 3 of 1995, s.4 (1)(a). 2. These words were inserted by Guj. 2 of 1999, s. 10. 3. Clause (ii-a) was inserted by Guj. 11 of 2014, s. 10. (1). 4. Clause (v-a) was inserted by Guj. 3 of 1995, s. 4. (1)(b). 5. Clause (vi-a) was inserted, ibid., s. 4 (1) (c). 6. Clause (ix-a) was inserted by Guj. 11 of 2014, s. 10. (2). 7. These words were substituted for the words "any of its functions" by Guj. 1 of 1999, s. 4. (2). 8. Section 23A was inserted by Guj. 2 of 1999, s. 11.

24. (I) The State Government shall, by an order in writing, determine the

amount which a local authority or authorities functioning in the urban development area shall pay as contribution, either in one lump-sum or in such installments as may be specified in the order, towards the expenses incurred by the urban development authority in the discharge of its functions. Expenses of urban development authority.

1. (2) The local authority shall, not later than thirty days of the receipt of the order under sub-section (1), pay to the urban development authority concerned the amount of contribution specified in the order

in the manner indicated therein and if the local authority fails to

so pay such amount, the State Government may, on receipt of necessary intimation from the urban development authority, recover it from the local authority as arrears of land revenue and pay it to the urban development authority.

publication, sanction, variation and revision of a development plan and all other matters connected therewith or incidental thereto and the powers and duties of an area development authority relating to the development or redevelopment of a development area shall, so for as may be, apply to an urban development authority. Application of certain provisions of Act applicable to urban development authority.