Power to make rules.

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.