Gujarat act 014 of 1968 : Gujarat Industrial Development (Amendment) Act, 1968

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Gujarat Industrial Development (Amendment) Act, 1968.

(2) It shall come into force on such date as the State Government may by notification in the Official Gazette, specify.

Section 2. Amendment of section 4 of Guj. XXIII of 1962

2. Amendment of section 4 of Guj. XXIII of 1962.- In section 4 of the Gujarat Industrial Development Act, 1962 (Guj. XXIII of 1962) (hereinafter referred to as "the principal Act"), in sub-section (1)-

(i) for the word "ten" the word "twelve" shall be substituted;

(ii) in clause (d), for the word "four" the word "six" shall be substituted.

Section 3. Substitution of section 16 of Guj. XXIII of 1962 by new section

3. Substitution of section 16 of Guj. XXIII of 1962 by new section.- For section 16 of the principal Act (Guj. XXIII of 1962), the following section shall be substituted, namely:-

"16. Notification of any industrial area as notified area under Gujarat Municipalities Act.- Notwithstanding anything contained in the provisions for the time being in force relating to notified areas in the Gujarat Municipalities Act, 1963, the State Government may, by notification in the Official Gazette-

(a) declare that the provisions relating to notified areas and any other provisions of that Act shall extend to and be brought into force in any industrial area, and thereupon such area shall be deemed to be a notified area under that Act;

(b) appoint the Corporation or any officer or committee thereof for the purposes of the assessment and recovery of any taxes, when imposed under the provisions so extended and for enforcing such provisions;

(c) provide that the provisions of any other law relating to local authorities which is in force in that area shall cease to apply, and thereupon such provisions shall cease to apply thereto;

(d) make such other provision as is necessary for the purposes of the enforcement of the provisions so extended to that area".

Section 4. Substitution of heading of Chapter V of Guj. XXIII of 1962

4. Substitution of heading of Chapter V of Guj. XXIII of 1962.- In the principal Act, in Chapter V, for the heading the following shall be substituted, namely:-

"POWER TO EVICT PERSONS FROM AND NON-APPLICATION OF RENT CONTROL ACTS TO CORPORATION PREMISES.".

Section 5. Substitution of section 28, of Guj. XXIII of 1962 by new section

5. Substitution of section 28, of Guj. XXIII of 1962 by new section.- For section 28 of the principal Act, the following sections shall be substituted, namely:-

"28. Definitions.- In this Chapter,-

(a) "competent authority" means the Chief Executive Officer of the Corporation and includes such other officer of the Corporation as the State Government may, by notification in the Official Gazette, authorise to perform the functions of a competent authority under this Chapter for such area as may be specified in the notification;

(b) "corporation premises" means any premises belonging to or vesting in the Corporation or taken on lease by the Corporation or entrusted to the Corporation under the Act for management and use for the purposes of this Act;

(c) "premises" means any land, building or part of a building and includes a hut, shed or other structure or part thereof.

28A. Power to evict certain persona from Corporation premises.- (1) If the competent authority is satisfied,-

(a) that the person authorised to occupy any Corporation premises has-

(i) not paid rent lawfully due from him in respect of such premises for a period of more than two months, or

(ii) sub-let, without the permission of the Corporation, the whole or any part of such premises, or

(iii) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises, or

(b) that any person is in unauthorised occupation of any Corporation premises,

the competent authority may, notwithstanding anything contained in any law for the time being in force, by notice served (i) by post or (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or (iii) in such other manner as may be prescribed, order that person as well as any other person who may be in occupation of the whole or any part of the premises, shall vacate them within one month of the data of the service of the notice.

(2) Before an order under sub-section (1) is made against any person the competent authority shall inform the person by notice in writing of the grounds on which the proposed order is to be made and give him a reasonable opportunity of tendering an explanation and producing evidence, if any, and to show cause why such order should not be made, within a period to be specified in such notice. If such person makes an application to the competent authority for extension of the period specified in the notice the competent authority may grant the same on such terms as to payment and recovery of the amount claimed in the notice as it deems fit. Any written statement put in by such person and documents produced in pursuance of such notice shall be filed with the record of the case and such person shall be entitled to appear before the authority proceeding in this connection by advocate, attorney or pleader. Such notice in writing shall be served in the manner provided for service of notice under sub-section (1).

(3) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may evict that person from, and take possession of, the premises and may for that purpose use such force as may be necessary.

(4) If a person, who has been ordered to vacate any premises on the grounds mentioned in sub-clause (i) or (iii) of clause (a) of sub-section (1) within one month of the date of service of the notice or such longer time as the competent authority may allow, pays to the Corporation the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the competent authority, as the case may be, the competent authority shall, in lieu of evicting such person under sub-section (3), cancel its order made under sub-section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him.

Explanation.-For the purposes of this section and section 28B the expression "unauthorised occupation", in relation to any person authorised to occupy any Corporation premises, includes the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined.

28B. Power to recover rent or damages as arrears of land revenue.- (1) Subject to any rules made by the State Government in this behalf and without prejudice to the provisions of section 28A, where any person is in arrears of rent payable in respect of any Corporation premises, the competent authority may by notice served, (i) by post or (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or (iii) in such other manner as may be prescribed, order such person to pay the same within such time not being less than ten days as may be specified in the notice. If such person refuses or fails to pay the arrears of rent within the time specified in the notice, such arrears may be recovered as arrears of land revenue.

(2) Where any person is in unauthorised occupation of any Corporation premises the competent authority may, in the prescribed manner, assess such damages, on account of the use and occupation of the premises as it may deem fit, and may by notice served (i) by post or (ii) by affixing a copy of it on the outer door or some oilier conspicuous part of such premises, or (iii) in such other manner as may be prescribed, order that person to pay the damages within such time as may be specified in the notice. If any person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered from him as arrears of land revenue.

(3) No order shall be made under sub-section (2) until after the issue of a notice in writing to the person calling on him to show cause, within a reasonable period to be specified in such notice, why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same have been considered by the competent authority.

28C. Appeal.- (1) Any person aggrieved by an order of the competent authority under section 28A or section 28B may, within one month of the date of the service of the notice under sub-section (1) of section 28A or sub-section (1) or (2) of section 28B, as the case may be, file an appeal to the State Government:

Provided that the State Government may entertain the appeal after the expiry of the said period of one month, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) On receipt of an appeal under sub-section (1), the State Government may, after calling for a report from the competent authority, and after making such further inquiry, if any, as may be necessary, pass such orders as it thinks fit and the order of the State Government shall be final.

(3) When an appeal is preferred under sub-section (1) the State Government may stay the enforcement of the order of the competent authority for such period and on such conditions as it thinks fit.

28D. Bar of jurisdiction of Civil Courts.- No order made by the State Government or the competent authority in the exercise of any power conferred by or under this Chapter shall be called in question in any court and no injunction shall be granted by any court of other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Chapter.".

Section 6. Insertion of new Chapter VIA in Gaj. XXIII of 1962

6. Insertion of new Chapter VIA in Gaj. XXIII of 1962.- After Chapter VI of the principal Act, the following Chapter shall be inserted, namely:-

"CHAPTER VIA.

Levy of Betterment Charge

32A. Notice to owners etc. in respect of levy of betterment charge.- 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 work, an officer authorised by the State Government in this behalf (hereinafter referred to as "the authorised officer") shall give notice to the person known or believed to be the owner of or interested in, such land requiring him to appear before him either personally or by an agent at a time and place therein mentioned (such time not being earlier than thirty days from the date of notice) to state his objections, if any, to the imposition and recovery of a betterment charge on such Land:

Provided that no such notice shall be given unless the State Government after consulting the Corporation and the Collector has declared that the value of such land is likely to increase or has increased by reason of the benefit available to the land on account of the development made or of the scheme or work undertaken by the Corporation in its land.

32B. Inquiry and order regarding betterment charge.- On the date fixed under section 32A or on such other date to which the inquiry may be adjourned, the authorised officer shall, after holding a formal inquiry in accordance with the provisions of Chapter XII of the Bombay Land Revenue Code, 1879 (Bom. V of 1879) and after hearing the objections, if any, stated by the persons as required by notice under section 32A, make an order, fixing the amount of the betterment charge leviable on the land. Such order shall also specify,-

(a) the area of the land benefited by the development, scheme or work as the case may be.

(b) the increase in the value of such land on account of such development, scheme or work,

(c) the date from which the betterment charge shall be leviable.

32C. Quantum of betterment charge.- The increase in value of any land on account of any development, scheme or work referred to in section 32A shall be the amount by which the value of the land on the date of the completion of the development, scheme or work, as the case may be, is likely to exceed or has exceeded the value of the land as on the date on which the development, scheme or work was undertaken and the betterment charge shall be one half of such increase in value.

Explanation.-For the purposes of this section, the Corporation shall by notification in the Official Gazette, specify-

(a) the date on which the development, scheme or work was undertaken by it,

(b) the date on which the same was completed.

32D. Reference against order of the authorised officer.- (1) Any person aggrieved by the order fixing the betterment charge may, by a written application to the authorised officer, require that the matter be referred, to the District Judge within the limits of whose jurisdiction the land is situate.

(2) Any such application shall be made within six weeks from the date on which the order of the authorised officer referred to in sub-section (1) was communicated to such person and shall be in such form as may be prescribed.

(3) The provisions of sections 5, 12 and 14 of the Limitation Act, 1963 (36 of 63), shall apply to the computation of the time fixed for reference under sub-section (2).

(4) The authorised Officer shall make the reference, in such manner as may be prescribed.

32E. Finality of order fixing betterment charges and of decision on reference.- The order fixing the betterment charge under section 32B, subject to a reference to the District Judge under section 32D and the decision of the District Judge on such reference shall be final.

32F. Betterment charge to be first charge on land next to land next to land revenue.- From the date specified in the order fixing the betterment charge as the date from which such charge shall be leviable, or from such date as may be otherwise specified by the District Judge under section 32D as the date from which such charge shall be leviable, the betterment charge recoverable in respect of any land shall, subject to the prior payment of the land revenue, if any, due to the State Government thereon, be a first charge on the land in respect of which such betterment charge is leviable.

32G. Payment of betterment charge.- The betterment charge shall be payable to the Corporation on the date fixed by the Corporation:

Provided that the owner of the land in which such charge is imposed may execute an agreement in favour of the Corporation agreeing to pay the amount of such charge by annual instalments together with interest at such rate and, within such period as may be prescribed.".

Section 7. Insertion of new section 40A in Guj. XXIII of 1962

7. Insertion of new section 40A in Guj. XXIII of 1962.- After section 40 of the principal Act, the following new section shall be inserted, namely:-

"40A. Liability of lessee to pay taxes etc.- Where any land is leased by the Corporation, the lessee shall, pay to the Corporation before such date or dates as may be prescribed an amount equal to the land revenue, rent, cesses, rates, and other taxes, if any, payable in respect of such land, which would have been payable by the Corporation had the land not been leased.".

Section 8. Insertion of section 44A in Guj. XXIII of 1962

8. Insertion of section 44A in Guj. XXIII of 1962.- After section 44 of the principal Act, the following section shall be inserted, namely:-

"44A. Quinquennial valuation of assets and liabilities of the Corporation.- The Corporation shall quinquennially have a valuation of its assets and liabilities made by a valuer appointed with the approval of the State Government:

Provided that it shall be open to the State Government to direct a valuation to be made at any time it may consider necessary.".

Section 9. Insertion of sections 52A, 52B and 52C in Gnj. XXIII of 1962

9. Insertion of sections 52A, 52B and 52C in Gnj. XXIII of 1962.- After section 52 of the principal Act, the following sections shall be inserted, namely:-

"52A. Penalty for obstructing etc. persons performing duty under contract.- If any person obstructs or molests any person with whom the Corporation has entered into a contract in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act he shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

52B. Penalty for removing marks etc.- If any person removes any mark set up for the purpose of indicating any level, boundary line or direction necessary to the execution of works authorised under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

52C. Penalty fat obstructing exercise of powers under Chapter V.- Any person, who obstructs the lawful exercise of any power conferred by or under Chapter V shall, on conviction, be punished with fine which may extend to one thousand rupees.".

Section 10. Insertion of section 55A in Guj. XXIII of 1962

10. Insertion of section 55A in Guj. XXIII of 1962.- After section 55 of the principal Act, the following section shall be inserted, namely:-

"55A. Notice of suit against Corporation.- (1) No person shall commence any suit against the Corporation or against any officer or servant of the Corporation or any person acting under the orders of the Corporation for anything done or purporting to have been done in pursuance of this Act, without giving to the Corporation, officer or servant or person, as the case may be, two months' previous notice in writing of the intended suit and of the cause thereof, not after six months from the date of the act complained of.

(2) In the case of any such suit for damages if tender of sufficient amount shall have been made before the action was brought, the plaintiff shall not recover more than the amounts so tendered and shall pay all costs incurred by the defendant after such tender.".