Gujarat act 015 of 2007 : Gujarat Industrial Development (Amendment and Validation) Act, 2007

Section 1. Short title

1. Short title.- This Act may be called the Gujarat Industrial Development (Amendment and Validation) Act, 2007.

Section 2. Amendment of section 14 of Guj. XXIII of 1962

2. Amendment of section 14 of Guj. XXIII of 1962.- In the Gujarat Industrial Development Act, 1962 (Guj. XXII of 1962) (hereinafter referred to as "the principal Act"), in section 14, after clause (c), the following clause shall be and shall be deemed always to have been inserted, namely:-

"(cc) to levy and collect development charges on the land which is not vested in or under the control of the Corporation and which is benefited or likely to be benefited by the development or scheme or the work undertaken by the Corporation.".

Section 3. Substitution of Chapter VI-A of Guj. XXIII of 1962

3. Substitution of Chapter VI-A of Guj. XXIII of 1962.- In the principal Act, for Chapter VI-A, the following Chapter shall be and shall be deemed always to have been substituted, namely:-

"CHAPTER VI-A.

LEVY OF DEVELOPMENT CHARGES

32A. Levy of development charges.- Where any land is developed or any scheme or work is undertaken by the Corporation under the provisions of this Act and any other land not vesting in or under the control of the Corporation is benefited or is likely to be benefited by such development, scheme or the work, the Corporation may, by resolution, determine the development charges and levy and collect the development charges on such land in such manner as may be prescribed by regulations.

"32B. Appeal.- (1) Any person aggrieved by the order of the Corporation levying the development charges under section 32A, may prefer an appeal to the State Government within such period, accompanied by such fees and in such manner as may be prescribed.

(2) The State Government may, after giving an opportunity of being heard to the appellant and the Corporation, pass such order thereon as it deems fit and proper.

(3) The decision of the State Government on such appeal shall be final.".

Section 4. Validation of levy and collection of development charges

4. Validation of levy and collection of development charges.- (1) Notwithstanding anything contained in the principal Act, any resolution passed by the Corporation determining the rate of development charges and the development charges levied and collected or purported to have been levied or collected on the land, other than the land not vested in or under the control of the Corporation which is benefited or likely to be benefited by the development, scheme or the work undertaken by the Corporation, shall be and shall be deemed always to have been validly passed and validly levied and collected by the Corporation in accordance with law as if the provisions of the principal Act as amended by this Act had been in force at all material times when such resolutions passed or such charges were levied and collected; and accordingly,-

(a) no suit, appeal or other proceedings shall be maintained or continued in any court or before any authority against the Corporation for the refund of aforesaid development charges.

(b) no court or other authority shall enforce any decree or order directing the refund of the said development charges.

(c) any resolution passed by the Corporation determining the development charges and the levy and collection of the said development charges shall have and shall be deemed to have effect for all the purposes and recoveries of such development charges shall be made in accordance with the provisions of the principal Act as amended by this Act.

(d) any amount paid as development charges or development expenses shall be deemed to have been paid as development charges in accordance with the provisions of the principal Act as amended by this Act.

(2) For the removal of doubt, it is hereby declared that nothing in sub-section (1) shall be construed as preventing any person,-

(a) from questioning, in accordance with the provisions of the principal Act as amended by this Act, the levy and collection of aforesaid development charges, or

(b) from claiming, in accordance with the provisions the principal Act as amended by this Act, the refund of such development charges paid by him in excess of the amount due from him.