Gujarat act 016 of 2001 : Gujarat Town Planning and Urban Development (Amendment) Act, 2001

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Gujarat Town Planning and Urban Development (Amendment) Act, 2001.

(2) This section and section 2 shall be deemed to have come into force on the 28th April, 2001 and the remaining sections shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Section 2. Amendment of section 5 of President's Act No. 27 of 1976

2. Amendment of section 5 of President's Act No. 27 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 5, after sub-section (3), the following sub-section shall be inserted, namely:-

"(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".

Section 3. Insertion of new section 6B in President's Act No. 27 of 1976

3. Insertion of new section 6B in President's Act No. 27 of 1976.- In the principal Act after section 6A, the following section shall be inserted, namely-

"6B(1) Powers of Collector to suspend execution of order etc. of appropriate authority.- A copy of every order, resolution or decision of the appropriate, 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 of annoyance to the public or to lead to a breach of the peace or is unlawful, lie may by order in writing suspend the execution or prohibit the doing thereof and which 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 alongwith copies of such order and statement.

(4) Against the order made by the Collector under sub-section (1), the appropriate authority or any person affected thereby may prefer an appeal to the State Government within thirty days from 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".

Section 4. Amendment of section 22 of President's Act No. 27 of 1976

4. Amendment of section 22 of President's Act No. 27 of 1976.- In the principal Act, in section 22, after sub-section (4), the following sub-section shall he inserted, namely:-

"(4A) Notwithstanding anything contained in sub-section (4), the State Government, to deal with the situation arising out of natural calamity or disaster, may by notification constitute the urban development authority or reconstitute any existing urban development authority ??? under sub-section (1), for any urban development ??? as such under sub-section (1) consisting of such members as it deems fit.".

Section 5. Amendment of section 51 of President's Act No. of 1976

5. Amendment of section 51 of President's Act No. of 1976.- In the principal Act in section 51, after the second proviso the following proviso shall be inserted, namely:-

"Provided also that where the town planning scheme pending before the Town Planning Officer on the date of commencement of the Gujarat Town Planning and Urban Development (Amendment) Act, 1999 (Act No. ???), has not been sub-divided into a preliminary scheme and a final scheme within the period so extended under the second proviso the State Government may by order and for reasons to be recorded in writing, extend the extend by Mich further period not exceeding two year in aggregate from the date of expiry of the period so extended under the said proviso and any such order extending the period may be made so as to have retrospective effect."

Section 6. Repeal and savings

6. Repeal and savings.- (1) It The Gujarat Town Planning and Urban Development (Amendment) Ordinance 2001 (Guj. Ord. of 2001) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance shall he deemed to haw been done or taken under the principal Act as amended by this Act.