Act.

AUTHORITIES

Declaration of development area. 3. (1) The State Government may, for the purpose of securing planned development of areas within the State, declare, by notification, and in such other manner as may be prescribed, any area in the State to be a development area.

1. (2) Every notification issued under sub-section (1) shall define the limits of the area to which it relates.
2. (3) The State Government may, by notification, amalgamate two or more development areas into one development area, sub-divide any development area into different development areas and include such sub-divided areas in any other development area : 2[Provided further that in the case of the heritage area, the development area or urban development area declared under this Act shall be co-terminous with Heritage area]. Exclusion of whole or part of develop-ment area from operation of

1. (1) The State Government may, by notification, withdraw from the operation of the relevant provisions of this Act, the whole or part of any development area declared under section 3.
2. (2) Where any notification is issued under sub-section (1) in respect of any development area or part thereof-
   • (a) the relevant provisions of this Act and all notifications, rules, regulations, orders, directions and powers issued, made or conferred, thereunder shall cease to apply to the said area or, as the case may be, part thereof;
   • (b) the State Government shall, after consultation with the area development authority or authorities concerned, frame a scheme determining the portion of the balance of the fund of the area development authority or authorities which shall vest in the State Government and the local authority or authorities concerned and in what manner the properties and liabilities of the area development authority or authorities shall be apportioned between the State Government and the local authority or authorities concerned and on the scheme being notified, the fund, properties and liabilities of the area development authority or authorities, shall vest and be apportioned accordingly. 1. Clause (xxx) was added by Guj. 2 of 1999, s. 2 (1) (ii).

2. This proviso was inserted by Guj. 28 of 2006, s. 36 (2).

5. (1) As soon as may be after the declaration of a development area under section 3, the State Government shall, by notification, constitute an authority for such area to be called the area development authority of that development area for the purpose of carrying out the functions assigned to an area development authority under this Act. Constitution of area development authority

1. (2) Every area development authority constituted under sub-section
2. (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 moveable and immovable, and to contract, and by the said name sue and be sued.
3. (3) An area development authority shall consist of the following members, namely:-
   • (i) a Chairman to be appointed by the State Government;
   • (ii) the Chief Town Planner or his representative, ex-officio; l [(iii) such persons not exceeding four from amongst the members of the local authorities functioning in the development area as may be nominated by the State Government;

(iii-a) the Presidents of the district panchayats functioning in

the development area or in any part thereof, ex-officio;]

1. (iv) two officials of the State Government to be nominated by that Government, ex-officio;
2. (v) a non-official who possesses special knowledge or practical experience in town planning, to be appointed by the State Government;
3. (vi) a member secretary to be appointed by the State Government who shall also be designated as the Chief Executive Authority of the area development authority. 2[(3A) Notwithstanding anything contained in sub-section (1), the State Government, to deal with the situation arising out of natural calamity or disaster, may by notification, constitute the area development authority or reconstitute any existing area development authority constituted under sub-section (1), for any development area declared as such under section 3, consisting of such members as it deems fit.].

1. (4) The State Government may, if it thinks fit, appoint one of the members as the Vice-Chairman of the area development authority. (5) 3[The conditions of service] of the members of an area

development authority other than ex-officio members shall be

such as may be prescribed and the members shall be entitled to receive such remuneration or allowances or both as the State Government may by order determine.

4[(5A) The Chairman and the members of an Area Development Authority other than ex-officio members shall hold office during the pleasure of the State Government.]

1. (6) (a) If the State Government is of opinion that any member of an area development authority is guilty of misconduct in the discharge of his duties or is incompetent or has become incapable of performing his duties as such member, or should for any other good and sufficient reasons, be removed, the State Government may, after giving him an opportunity to be heard, remove him from office.
   • (b) Any member of the area development authority other than an ex-officio member may at any time resign his office by writing under his hand addressed to the State Government and upon the acceptance thereof, the office of such member shall become vacant. 1. Clauses (ii) and (iii-a) were substituted for Clause (iii) by Guj. 2 of 1999, s. 3. 2. Sub-section (3-A) was inserted by Guj. 16 of 2001. s. 2. 3. These words were substituted and were deemed always to have been substituted for the words "The term of office and conditions of service" by Guj. 1 of 1999, s. 3, Sch., entry No. 11(1). 4. Sub-section (5A) was inserted and was deemed always to have been inserted, ibid., entry No.11(2).
2. (7) In the event of a vacancy occurring in the office of any member of an area development authority, the vacancy shall be filled by the State Government as soon as possible after the vacancy has occurred by nomination or appointment, [as the case may be.]
3. (8) (i) An area development authority shall meet at such time and place as the Chairman may determine and may, subject to the

provisions of this sub-section, make regulations for regulating the

procedure and conduct of its business at its meetings.

1. (ii) The Chairman, and in his absence, any other member chosen by the members present from amongst themselves shall preside at a meeting of the area development authority.

(ii i) All questions at a meeting of the area development authority

shall be decided by a majority of votes of the members present and voting and in the case of equality of votes, the persons presiding shall have a casting vote.

1. (9) (i) An area development authority may, with the previous sanction of the State Government, associate with itself or consult such persons whose assistance or advice it may desire for the purpose of performing any of its functions under this Act and such persons may be paid by the area development authority such remuneration or fees as may be sanctioned by the State Government.
   • (ii) The person so assisting or advising the area development authority may take part in the meetings of the authority relevant to the purpose for which he is associated or consulted but shall not have the right to vote at a meeting or take part in the meeting of the authority relating to matters concerned with any other purpose.
2. (10) Subject to the provisions of section 104, an area development authority may appoint such officers and other employees as it considers necessary for the efficient performance of its functions under this Act.
3. (11) The officers and employees appointed under sub-section (10) shall be entitled to receive such salaries or allowances and shall be governed by such terms and conditions of service, as may be determined by the State Government.
4. (12) The member Secretary of the area development authority and the officers and employees of that authority shall work under the supervision and control of its Chairman.

Power to

designate a local authority 6. (1) The State Government may, instead of constituting an area development authority for a development area, designate any local

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as area development authority. authority functioning in a development area or part thereof, as the area development authority for that development area.

1. (2) The local authority designated under sub-section (1) as the Area Development Authority shall, for the purposes of performing the functions assigned to an area development authority under this Act, set up a Planning Committee consisting of the following members, namely:- 1. These words were substituted and were deemed always to have been substituted for the portion beginning with the words "as the case may be" and ending with the words "vacancy had not occurred", by Guj. 1 of 1999, s. 3, Sch., entry 11 (3).
   • (i) six members of the local authority appointed by it out of whom one shall be designated as the Chairman;
   • (ii) the Chief Town Planner or his representative to be nominated by the State Government; l

[(iii) one official of the State Government to be nominated by the

State Government, ex-ojficio;

1. (iv) Chief Officer or, as the case may be, Secretary of the local authority.] 2[Provided that in case the local authority dose not set up the planning Committee within a period of three months from the date on which it is required to set up such Committee, then, the State Government shall appoint such Committee.]

1. (3) The Planning Committee set up under sub-section (2) shall have all the powers, responsibilities and status as are given to a Standing Committee 3[or, as the case may be, Executive committee,] if any, appointed under the Act under which the local authority is constituted.