section 6B
Area Development Authority.
The Gujarat Town Planning And Urban Development Act, 1976Chapter II DEVELOPMENT AREA AND CONSTITUTION OF AREA DEVELOPMENT
- (1) A copy of every order, resolution or decision of the appropriate authority 6[other than the Urban Development Authority] shall be sent to the Collector of the district.
- (2) If, in the opinion of the Collector, the execution of any order, resolution or decision of an appropriate authority or the doing of anything which is about to be done or is being done by or on behalf of an appropriate authority is causing or is likely to cause injury or annoyance to the public or to lead to a breach of the peace or is unlawful, he may by order in writing suspend the execution or prohibit the doing thereof and where the execution of any work in pursuance of the order or resolution of an appropriate authority is already commenced or completed, direct an appropriate authority to restore the position in which it was before the commencement of such work.
- (3) When the Collector makes any order under this section, he shall forthwith forward to an appropriate authority affected thereby a copy of the order with a statement of the reasons for making it and also submit a report to the State Government along with copies of such order and statement.
- (4) Against the order made by the Collector under 7[sub-section (2)], the appropriate authority or any person affected thereby may prefer an appeal to the State Government within thirty days from Power of Collector to suspend execution of order, etc. of appropriate authority. the date on which it receives a copy of the order. The State Government may on such appeal rescind the order or may revise or modify or confirm the order or direct that the order shall continue to be in force, with or without modification, permanently or for such period as it may specify: Provided that the order shall not be revised, modified or confirmed by the State Government without giving the appropriate authority or, as the case may be, person affected thereby reasonable opportunity of showing cause against the order]. 1 Clauses (iii) and (iv) were inserted by Guj.2 of 1999, s.4 (1). 2 This proviso was inserted by Guj. 11 of 2014, s.3. 3 These words were inserted, ibid., s.4 (2). 4 Section 6A was inserted, ibid., s.5.
5 Section 6B was inserted by Guj. 16 of 2001, s. 3.
6 These words were inserted by Guj. 11 of 2014, s.4. 7 These words, brackets and figure were substituted for the words, brackets and figure "sub-section (1)"
by Guj. 11 of 2002, s. 2.
Powers and functions of area development authority.
7. (1)
1[The powers and functions of] an area development authority shall be-
- (i) to undertake the preparation of development plans under the provisions of this Act for the development area;
- (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; (ii i) to carry out surveys in the development area for the preparation of development plans or town planning schemes;
- (iv) to control the development activities in accordance with the development plan in the development area; 3[(iv-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;]
- (v) to enter into contracts, agreements or arrangements with any person or organization as the area development authority may deem necessary for performing its functions;
- (vi) to acquire, hold, manage and dispose of property, movable or immovable, as it may deem necessary;
- (vii) to execute works in connection with supply of water, disposal of sewerage and provision of other services and amenities; 4[(vii-a) to levy and collect such fees for the execution of works referred to in clause (vii) and for provision of other services and amenities as may be prescribed by regulations;]
- (viii) 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.
- (2) The area development authority may, with the approval of the State Government, delegate 5[any of its powers and functions] to the local authority or authorities within its jurisdiction.
- (3) The area development authority shall have its office at such place as the State Government may specify in this behalf. Expenses of area development authority.
8. (1) The State Government shall, by an order in writing, determine the
amount which a local authority or authorities functioning in the 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 an area development authority in the discharge of its functions.
1. These words were substituted for the words "The function of “ by Guj. 3 of 1995, s.2 (1) (a). 2. These words were inserted by Guj. 2 of 1999, s.6. 3. Clause (iv-a) was inserted by Guj, 3 of 1995, s. 2(1) (b). 4. Clause (vii-a) was inserted, ibid., s.2 (1) (c).
5. These words were substituted for the words “any of its functions”, ibid. s.2 (2).
- (2) The local authority shall, not later than thirty days of the receipt of the order under sub-section (1), pay to the area 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 area development authority, recover it from the local authority as arrears of land revenue and pay it to the area development authority.
9. (1) As soon as may be after the constitution of an area development
authority for any development area under section 5
1[or designation of a local authority as the area development authority under sub-section (1) of section 6,] the area development authority shall, not later than three years after the declaration of such area as a development area or within such time as the State Government may, from time to time, extend, prepare and submit to the State Government a draft development plan for the whole or any part of the development area in accordance with the provisions of this Act. Development plan.
- (2) If a draft development plan is not prepared and submitted to the State Government by any area development authority within the period specified in sub-section (1) or within the period extended under that sub- section, an officer appointed by the State
Government in this behalf may prepare and submit to the State
Government in the prescribed manner a draft development plan and recover the cost thereof from such area development authority out of its funds.
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