Gujarat Town Planning and Urban Development (Amendment and Validation) Act, 1995*
| [Gujarat Act No. 3 of 1995] | [6th April, 1995] |
AN ACT further to amend the Gujarat Town Planning and Urban Development Act, 1976.
It is hereby enacted in the Forty-sixth Year of the Republic of India as follows:-
* Received the Assent of the Governor on the 6th April, 1995 is hereby published for general information.
1. Short title and commencement.- This Act may be called the Gujarat Town Planning and Urban Development (Amendment and Validation) Act, 1995.
(2) It shall be deemed to have com-) into force on the 11th January, 1995.
2. Amendment of section 7 of President's Act No. 37 of 1976.- In the Gujarat Town Planning and Urban Development Act, 1976 (President's Act No. 27 of 1976) (hereinafter referred to as "the principal Act"), in section 7,-
(1) in sub-section (1):-
(a) for the words "The functions of", the words "The powers and functions of" shall he substituted;
(b) after clause (iv), the following clause shall be and shall be deemed always to have been inserted, namely:-
"(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;";
(c) after clause (vii), the following clause shall be inserted, namely:-
"(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;";
(2) in sub-section (2), for the words "any of its functions", the words "any of its powers and functions" shall be substituted.
3. Amendment of section 9 of President's Act No. 27 of 1976.- In the principal Act, in section 9, in sub-section (1), after the words and figure "under section 5", the words, brackets and figures "or designation of a local authority as the area development authority under sub-section (1) of section 6," shall be inserted.
4. Amendment of section 23 of President's Act No. 27 of 1976.- In the principal Act, in section 23,-
(1) in sub-section (1),-
(a) for the words "The functions of", the words "The powers and functions of" shall be substituted;
(b) after clause (v), the following clause shall be and shall be deemed always to have been inserted, namely:-
"(v-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;";
(c) after clause (vi), the following clause shall be inserted, namely:-
"(vi-a) to levy and collect such fees for the execution of works referred to in clause (vi) and for provision of other services and amenities as may be prescribed by regulations;";
(2) in sub-section (2), for the words "any of its functions", the words "any of its powers and functions" shall be substituted.
5. Amendment of section 26 of President's Act No. 27 of 1976.- In the principal Act, in section 26, after the word "charge" occurring at two places, the words "and scrutiny fees" shall be inserted.
6. Amendment of section 27 of President's Act No. 27 of 1976.- In the principal Act, inaction 27, the following shall be and shall be deemed always to have been added at the end, namely:-
"and by such scrutiny fees at may be prescribed by regulations".
7. Amendment of section 28 of President's Act No. 27 of 1978.- In the principal Act, in section 28, in sub-section (1), after the words "as may be prescribed", the words "and by such scrutiny fees as may be prescribed by regulations" shall be and shall be deemed always to have been inserted.
8. Amendment of section 29 of President's Act No. 27 of 1976.- In the principal Act, in section 29, in sub-section (1), after the words "development charge", the words "and scrutiny fees" shall be inserted.
9. Amendment of section 34 of President's Act No. 27 of 1976.- In the principal Act, in section 34, in sub-section (1), after the words "together with the prescribed particulars", the words "and with ‘such scrutiny fees as may be prescribed by regulations’ shall be and shall be deemed always to have been inserted.
10. Amendment of section 41 of President's Act No. 27 of 1976.- In the principal Act, in section 49, in sub-section (1), in clause (a), the following shall be and shall he deemed always to have been added at the end, namely:-
"and on payment of such scrutiny fees as may be prescribed by regulations"
11. Amendment of section 91 of President's Act No. 27 of 1976.- In the principal Act, in section 91, in sub-section (1), in clause (a), for the words "advances or otherwise", the words "advances, fees, development charges or otherwise" shall be substituted.
12. Amendment of section 118 of President's Act No. 27 of 1976.- Io the principal Act, in section 119, in sub-section (2),-
(1) after clause (c), the following clause shall be and shall be deemed always to have been inserted, namely:-
"(ci) regulations proscribing fees to be levied and collected under clause (iv-a) of sub-section (1) of section 7;";
(2) after clause (ci) as so inserted, the following clause shall be inserted, namely:-
"(cii) regulations prescribing fees to he levied and collected finder clause (vii-a) of sub-section (1) of section 7;";
(3) after clause (cii) as so inserted, the following clause shall be and shall be deemed always to have been inserted, namely:-
"(ciii) regulations prescribing fees to be levied and collected under clause (v-a) of sub-section (1) of section 23;";
(4) after clause (ciii) as so inserted, the following clause shall be inserted, namely:-
"(c-iv) regulations prescribing fees to be levied and collected under clause (vi-a) of sub-section (1) of section 23;";
(5) after clause (c-iv) as so inserted, the following clause shall belaud shall be deemed always to have been inserted, namely:-
"(o-v) regulations prescribing scrutiny fees under section 27 or, as the case may be, sub-section (1) of section 28;";
(6) after clause (c), the following clause shall be and shall be deemed always to have been inserted, namely:-
"(c-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;".
13. Validation of levy and collection of scrutiny fees under principal Act.- (1) Notwithstanding anything contained in any judgment, decree or order of any court or any other authority-
(a) any regulation made or purported to have been made before the commencement of this Act by any appropriate authority under the principal Act for levy of scrutiny fees for scrutiny of document submitted to the appropriate authority for permission for development shall be and shall be deemed always to have been validly made under the principal Act as amended by this Act as if the principal Act as amended by this Act had been in force at all material times when such regulation was made; and
(b) any scrutiny fees for scrutiny of document's submitted to the appropriate authority for permission for development, levied or levied and collected or purported to have been levied or levied and collected under any such regulation before the commencement of this Act shall be and shall be deemed always to have been validly levied or levied and collected;
and accordingly-
(i) any such regulation made or purported to have been made or scrutiny fees levied or levied and collected or purported to have been levied or levied and collected under any such regulation shall not be called in question in any court or before any authority whatsoever merely on the ground that the making of such regulation or levy and collection of such scrutiny fees, by the appropriate authority, was not authorised under the principal Act;
(ii) no suit or other proceedings shall be maintained or continued in any court or before any authority whatsoever against the State Government or an appropriate authority or any officer or other authority whatsoever for the refund of such scrutiny fees paid under the principal Act;
(iii) no court shall enforce any decree or order directing refund of such scrutiny fees paid under the principal Act; and
(iv) any such scrutiny fees levied before the commencement of this Act hut not collected before such commencement, may be collected in accordance with provisions of the principal Act as amended by this Act and regulation made thereunder.
(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 principal Act as emended by this Act and rules and regulations made thereunder any levy or collection of scrutiny fees; or
(b) from claiming any refund of scrutiny fees paid by him in excess of the amount due from him under the principal Act as amended by this Act and the rules and regulations made thereunder.
14. Repeal and savings.- (1) The Gujarat Town Planning and Urban Development (Amendment and Validation) Ordinance, 1995 (Guj. Old. 1 of ???) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.