Chapter VIII MISCELLANEOUS.

Power of State Government to appoint its employees to any office or post under appropriate authority.

necessary to do so, to appoint any employee of the State Government to any office or post under an appropriate authority and upon such terms and conditions as the State Government may fix.

No suit, prosecution or other legal proceeding shall lie against the State Government, the appropriate authority or any public servant or person duly appointed or authorized under this Act, in respect of anything's in good faith done or purporting to be done under the provisions of this Act or any rules or regulations made thereunder.

Registration of document, plans or maps in connection with town planning scheme not required.

106. (1) Nothing in the Registration Act, 1908 shall be deemed to require the

registration of any document, plan or map prepared, made or sanctioned in connection with a scheme which has come into force. 16 of 1908.

1. (2) All such documents, plans and maps shall, for the purposes of sections 48 and 49 of the Registration Act, 1908 be deemed to have been registered in accordance with the provisions of that Act : 16 of 1908. Provided that documents, plans and maps relating to the sanctioned scheme shall be accessible to the public in the manner prescribed. Compulsory

acquisition of land needed for purpose of town planning scheme or development plan.

development plan shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894.

1 of 1894.

Vesting of property and right of appropriate authority ceasing to exist or ceasing to have jurisdiction.

jurisdiction over any area included in a development plan or town planning scheme, the property and rights vested in such appropriate authority under this Act shall, subject to all charges and liabilities affecting the same, vest in such other appropriate authority or authorities as the State Government may, with the consent of such authority or authorities, by notification, direct; and such appropriate authority or each one of such appropriate authorities shall have all the power under this Act in respect of such plans, schemes or such part of a plan or scheme as comes within its jurisdiction which the appropriate authority ceasing to exit or ceasing to have jurisdiction had.

State Government or person appointed by it may exercise powers, perform duty conferred or imposed on appropriate authority and disbursement of expenses in certain circumstances. 109. (1) If in the opinion of the State Government any appropriate 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.

1. (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 appropriate 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.

imposed on appropriate authority and disbursement of expenses in certain circumstances. 46

under this Act is dissolved or superseded under any of the provisions of the Act under which it was constituted, Special provision in case of dissolution or supersession of local authority.

1. (a) the person appointed under such Act to exercise the powers and perform the functions of the local authority shall be demand to be the development authority under this Act, and he may exercise all the powers and perform all the duties of an area development authority under this Act during the period of his appointment;
2. (b) in the event of the person appointed as aforesaid exercising the powers and performing the duties of an area development authority under this Act, any properties which, under the provisions of this Act, vest in the local authority as an area development authority shall, during the period of the dissolution or supersession of the local authority, vest in the State Government and such property shall, at the expiry of the said period vest in such authority as the State Government may, by notification, direct. 111. (1) The Chief Town Planner or any officer authorised by him, any officer of an appropriate authority, the Town Planning Officer or any person authorised by the State Government, an appropriate authority, or the Town Planning Officer, may for the purpose of preparation of a plan or scheme under this Act, enter into or upon any land or building with or without assistance or workmen for- Power of entry.
3. (a) taking any measurement or survey or taking levels of such land or building ;
4. (b) setting out and marking boundaries and intended line of development;
5. (c) marking such levels, boundaries and lines by placing marks and cutting trenches;
6. (d) examining works under construction and ascertaining the

course of sewers and drains;

1. (e) ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules or regulations thereunder: Provided that-
   • (i) in the case of any building used as a dwelling house, or upon any enclosed part of garden attached to such a building, 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;
   • (ii) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land or building;
   • (iii) due regard shall always be had, so far 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 land or building entered.

1. (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 or molests such person after such entry shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.

1. (1) All documents including notices and orders 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 rule or regulation, 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 person to be served is a partnership, if the document is addressed to the partnership 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) 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. (2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed to the owner or occupier, as the case may be, of that land or building (naming or describing that land or building) without any 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 (c) 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.
3. (3) Where a document is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner.
4. (4) For the purpose of enabling any document to be served on the owner of any property, the appropriate authority or the Town Planning Officer may by notice in writing require the occupier (if any) of the property to state the name and address of the owner thereof.
5. (5) 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 service upon the minor. Public notice how to be made known.

made thereunder shall be in writing 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 advertisement in one or more local newspapers.

Notice etc. to fix reasonable time.

this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or rule or regulation made thereunder, the notice, order or other document shall specify a reasonable time for doing the same.

1. (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 in this sub-section 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. (2) Notwithstanding anything contained in sub-section (1), where an H-86-13 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 body corporate and includes a firm or other association of individuals; and
   • (b) "director" in relation to a firm means a partner in the firm. Members and officers of appropriate authority to be public servants.

appropriate authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

45 of 1860. Variation in mattrs contained in clause (m) of sub-section (2) of section 12.

1[116A. (1) Notwithstanding anything contained in this Act or any other law for the time being in force or rules or regulations made thereunder, if the State Government is of the opinion that it is necessary in public interest to make any variation in any of the matters provided under clause (m) of sub-section (2) of section 12. in any development plan, it shall publish such variations in the Official Gazette, inviting suggestions or objections from public in respect of such variations, within a period of two months from the date of such publication.

1. (2) The State Government may, after considering such suggestions and objections, received under sub-section (1), if any, sanction the variation with or without modifications and publish the same by notification in the Official Gazette, and direct that such variation shall come in force on and from the date of its publication in the Official Gazette,]

being in force-

Effect of other laws.

• • * * * * * 1. section 116A was inserted by Guj. 11 of 2014, s. 22. 2. Clause (a) was deleted by Guj. 2 of 1999, s. 21.

1. (b) 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. Bom.

In respect of the land which is included in the scheme sanctioned under section 65, the provisions of section 65 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.] Application of provision of section 65 of Gujarat Land Revenue Code, 1879.

1. (1) The State Government may, by notification, and subject to previous publication, make rules consistent with the provisions of this Act to carry out the purposes of this Act : 1[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. (2) In particular, and without prejudice to the generality of the foregoing power, the State Government may make rules for all or any of the following matters, namely :-
   • (i) the manner of declaration of a development area under sub-section (1) of section 3;
   • (ii) the term of office and conditions of service of the members of an area development authority under sub-section (5) of section 5;
   • (iii) the manner in which the draft development plan is to be prepared and submitted to the State Government by the authorised officer under sub-section (2) of section 9;
   • (iv) the distinguishing colors to be used in the draft development plan under section 11;
   • (v) the manner of publication of, and the manner in which notice for inviting suggestions or modifications to, the draft development plan under section 13;
   • (vi) the manner in which a notice for inviting suggestions or objections to modifications in the draft development plan shall be published under 3[ * * * ] proviso to sub-clause
   • (ii) of clause (a) of *sub-section (1) of section 17;
   • (vii) the period within which the draft development plan and the regulations shall be sanctioned under sub-clause (i) of clause (a) of sub-section (1) of section 17;
   • (viii) the term of office and conditions of service of the members of an urban development authority under sub-section (5) of section 22, read with sub-section (5) of section 5;
   • (ix) the form in which, the particulars to be contained and the documents to be accompanied in an application to be made for permission for development under section 27;
   • (x) the form of the permission to be granted under section 29; 1. Section 117A was inserted by Guj. 11 of 2014, s. 23. 2. This proviso was added by Guj. 11 of 2002, s. 6 (1). 3. These words and figures were deleted by Guj. 11 of 2014, s. 24.
     • • See corrigendum dated the 16-07-1976, published in Gujarat Government Gazette, Ordinary, Part VI, dated the 22-07-1976.
   • (xi) the manner of making inquiry under sub-section (5) of section 29;
   • (xii) the time and the manner in which compensation shall be claimed under sub-section (2) of section 33;
   • (xiii) the time within which the owner is to give notice of refusal to accept the compensation under sub-section (3) of section 33;
   • (xiv) the particulars to be submitted along with the lay-out plan

for the sub-division of a plot or the making or laying out of

a private street on such plot under sub-section (1) of section 34;

1. (xv) the period within which the appropriate authority shall sanction or refuse to sanction the plan under sub-section (2) of section 34;
2. (xvi) the manner of making inquiry under sub-section (4) of section 34;
3. (xvii) the manner of making an application for withdrawal of notice under sub-section (3) of section 36; (xviii) the documents and plans to be accompanied with the intimation for carrying out any development work by Government under sub-section (1) of section 39;
4. (xix) the manner of publication of declaration of intention to make a *scheme under sub-section (2) of section 41;
5. (xx) the manner of publication of a draft scheme under sub-- section (1) of section 43;

1. (xxi) the manner in which and the method by which, compensation shall be payable under sub-section (3) of section 45: 1[(xxi-a) the circumstances in which the period for inviting objections to the draft scheme may be reduced to fifteen days under section 47;]"
2. (xxii) the form of permission to be granted by the appropriate authority under clause (a) of sub-section (1) of section 49: (xxiii) the manner of inquiry for unauthorised development under clause (d) of sub-section (1) of section 49;
3. (xxiv) the qualifications for the appointment of a Town Planning Officer under sub-section (1) of section 50;
4. (xxv) the procedure to be followed by the Town Planning Officer

for sub-dividing the town planning scheme under section

51;

1. (xxvi) the manner and the form of notice to be served by the Town

Planning Officer under sub-section (1) of section 52;

under clause (x) of sub-section (3) of section 52;

(xxviii) the form in which the preliminary and the final scheme shall

be drawn under clause (xi) of sub-section (3) of section 52;

1. (xxix) the form in which the decision of the Town Planning Officer shall be communicated to the party concerned under section 54; (xxx) 2[the terms of appointment and conditions of service of President; and the qualifications] and experience for the assessors of the Board of Appeal under sub-section (1) of section 55;
2. (xxxi) the procedure for summary eviction of a person under section 68;

(xxxii) the form of the notice to be given under sub-section (1) of

section 69;

1. This clause was inserted by Guj. 11 of 2002, s. 6 (2). 2. These words were substituted for the words "the qualifications" by Guj. 2 of 1999, s. 22.

• • See corrigendum, dated the 16-07-1976, published in Gujarat Government Gazette, Ordinary, Part VI, dated the 22-07-1976. (xxxiii) the manner of publication of the draft variation of a scheme under sub-section (2) of section 70; (xxxiv) the manner of publication of the draft amendment to regulations under clause (a) of section 72;

1. (xxxv) the time within which any claim is to be made by the owner of any property or right injuriously affected by the making of a town planning scheme under section 82; (xxxvi) the period for payment of excess amount by the owner under sub-section (2) of section 85; (xxxvii) the sums of money to be kept in current account by an appropriate authority under sub-section (3) of section 91;

(xxxviii) the form of, and time at which budget shall be prepared by

an appropriate authority and the number of copies thereof to be forwarded to the State Government under section 94;

(xxxix) the form of the annual statement of accounts including the balance sheet of an appropriate authority under sub-section

1. (1) of section 95;
   • (xl) the form of the annual report of an appropriate authority and the date before which it shall be submitted to the State Government under sub-section (1) of section 96;
   • (xli) the manner in which documents, plans and maps relating to a sanctioned scheme shall be accessible to the public, under the proviso to sub-section (2) of section 106;
   • (xlii) any other matter which is to be, or may be prescribed.
2. (3) All rules made under this Act 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 rescission by the Legislature or to such modification as the Legislature may make during the session in which they are so laid or the session immediately following.
3. (4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect. Power to make regulations. 119. (1) An appropriate authority may, with the previous approval of the State Government make regulations consistent with this Act and the rules made thereunder, to carry out the purposes of the development plan and of the town planning scheme and for regulating its procedure and conduct of business.
4. (2) In particular, and without prejudice to the generality of the foregoing power such authority may make-
   • (a) regulations subject to which it shall exercise its powers and perform its functions under this Act ;
   • (b) regulations providing for the delegation of its powers and functions to its Chairman, Vice-Chairman, member-secretary or any of its officers ;
   • (c) regulations for regulating its procedure and the conduct of its business at its meeting ; 1[(c-i) regulations prescribing fees to be levied and collected under clause (iv-a) of sub-section (1) of section 7;]

1. Clause (c-i) was inserted and shall be deemed always to have been inserted by Guj. 3 of 1995, s. 12 (1).

1[(c-ii) regulations prescribing fees to be levied and collected

under clause (vii-a) of sub-section (1) of section 7;]

2[(c-iii) regulations prescribing fees to be levied and collected under clause (v-a) of sub-section (1) of section 23;]

3[(c-iv) regulations prescribing fees to be levied and collected under clause (vi-a) of sub-section (1) of section 23;]

4[(c-v) regulations prescribing scrutiny fees under section 27 or,

as the case may be, sub-section (1) of section 28;]

1. (d) regulations prescribing the manner in which its order under sub-section (1) of section 29 shall be communicated to the applicant seeking permission under that section;
2. (e) regulations prescribing the time within which and the manner in which a purchase notice shall be served on the appropriate authority under sub-section (1) of section 31;

5[(e-i) regulations prescribing scrutiny fees under sub-section (1)

of section 34 or, as the case may be, clause (a) of sub-section (1) of section 49;]

1. (f) regulations providing for any other matter which has to be or may be prescribed by regulations. Dissolution of appropriate authority. 120. (1) Where the State Government is satisfied that the purpose for which any appropriate authority was established under this Act has been substantially achieved so as to render the continued existence of the authority in the opinion of the State Government unnecessary, the State Government may, by notification, declare that such authority shall be dissolved with effect from such date as may be specified in the notification and such authority shall be deemed to be dissolved accordingly.

1. (2) With effect on and from the date specified in the notification under sub-section (1)-
   • (a) all properties, funds and dues which are vested, or realisable by the appropriate authority shall vest in, or be realisable by, the State Government;
   • (b) all liabilities which are enforceable against such authority shall be enforceable against the State Government; and
   • (c) for the purposes of carrying out any development in any area which has not been fully carried out by the authority before its dissolution and for the purpose of releasing properties, funds and dues referred to in clause (a), the functions of such authority shall be discharged by the State Government.

planning schemes.] Deleted by Guj. 4 of 1986, s.5.

1. (1) Every appropriate authority shall carry out such directions or instructions as may be issued from time to time by the State Government for the efficient administration of this Act.
2. (2) If in, or in connection with, the exercise of its powers and discharge of its functions by any appropriate authority under this Act any dispute arises between the authority and the State Government, the decision of the State Government on such disputes shall be final. 1. Clause (c-ii) was inserted by Guj. 3 of 1995., s. 12 (2). 2. Clause (c-iii) was inserted and was deemed always to have been inserted, ibid., s. 12 (3). 3. Clause (c-iv) was inserted, ibid., s. 12 (4). 4. Clause (c-v) was inserted and was deemed always to have been inserted, ibid., s. 12 (5). 5. Clause (e-i) was inserted and was deemed always to have been inserted, ibid., s. 12 (6). Guj.

Notwithstanding anything contained in this Act, no development plan or town planning scheme shall be made for any area for which a housing scheme has been sanctioned under the provisions of the Gujarat Housing Board Act, 1961. No Town Planning scheme or development plan for area for which housing schemes is sanctioned under Housing

Notwithstanding anything contained in this Act, with effect from the date of the constitution of the Champaner-Pavagadh Consequences of constitution of the H-86-14

Guj. 28 0f 2006. 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.] Champaner- Pavagadh Archaeological Park World Heritage Area Management Authority. Bom. XXVII of 1955.

124. (1) The Bombay Town Planning Act, 1954, is hereby repealed.

Repeal and saving.

1. (2) Notwithstanding such repeal, anything done or any action taken (including any declaration of intention to make a development plan or town planning scheme, any draft development plan or draft town planning scheme published by a local authority, *any application made to the State Government for the sanction of any draft development plan or draft town planning scheme, any sanction given by the State Government to the draft development plan or draft town planning scheme or any part thereof, 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, any commencement certificate granted, any order or suspension of rule, bye-law, regulation, notification or order made, any purchase notice served on a local authority, any interest of an owner compulsorily acquired or deemed to have been acquired by it in pursuance of such purchase notice, any revision of development plan, any appointment made of Town Planning officer, any proceeding pending before, and any decision of, a Town Planning Officer or a Board of Appeal, any final scheme forwarded to, or sanctioned, varied or withdrawn by, the State Government, any delivery of possession enforced, any eviction summarily made, any notice severed, any action taken to enforce a scheme, any costs of scheme calculated and any payments made to local authorities by owners of plots included in a scheme, 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 repealed Act) 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.

** (3) All proceedings pending before a Town Planning Officer or a

Board of Appeal under the Act hereby repealed on the date of commencement of this Act shall be disposed of by the Town Planning Officer or the Board of Appeal, as the case may be, appointed or constituted under this Act in accordance with the provisions of this Act.

Bom. I of 1904. *** (4) The mention of particular matters in sub-section (2) shall not affect the general application to the repeal of the said Act of section 7 of the Bombay General Clauses Act, 1904 (which relates to the effect of repeal).

1. Section 123A was inserted by Guj. 28 of 2006. s. 36 (4).

• • See corrigendum, dated the 16-07-1976, published in Gujarat Government Gazette, Ordinary, Part VI, dated the 22-07-1976. ** ibid. *** ibid. ----------------------------- G OVERNMENT CENTRAL PRESS, GANDHINAGAR.