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Gujarat act 004 of 1986 : Gujarat Town Planning, and Urban Development (Amendment) Act, 1986

Preamble

Gujarat Town Planning, and Urban Development (Amendment) Act, 1986*

[Gujarat Act No. 4 of 1986][4th February, 1986]

An Act further to amend the Gujarat Town Planning and Urban Development Act, 1976.

It is hereby enacted in the Thirty-seventh Year of the Republic of India as follows:-

* Received the Assent of the Governor on the 4th February, 1986 is hereby published for general information.

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, 1986.

(2) It shall be deemed to have come into force on the 12th June, 1985.

Section 2. Amendment of section 40 of President's Act No. 27 of 1976

2. Amendment of section 40 of President's Act No. 27 of 1976.- In the Gujarat Town Planing and Urban Development Act, 1976 (President Act No. 27 of 1976) (hereinafter referred to as "the principal Act"), in section 40,-

(a) in sub-section (2), for clause (ii), the following clause-shall be substituted, namely:-

"(ii) likely to be used for 1 residential or commercial or industrial or for building purposes; or";

(b) in sub-section (3), after clause (j), the following new clause shall be inserted, namely:-

"(jj) the allotment of land to the extent of ten percent, or such percentage as neat thereto as possible of the total area covered under the scheme, for the purpose of sale for residential, commercial or industrial use;".

Section 3. Amendment of section 77 of President's Act No. 27 of 1976

3. Amendment of section 77 of President's Act No. 27 of 1976.- In the principal Act, in section 77, in sub-section (1),-

(a) to clause (b), the following proviso shall be added, namely;-

"Provided that the estimates shall be with reference to the period during which the preliminary scheme is to be implemented after it is sanctioned under section 65";

(b) after clause (f), the following new clause shall be inserted namely:-

"(g) twenty percent of the amount of the cost of infrastructure provided in the area, adjacent to the area of the scheme as is necessary for the purpose of and incidental to the scheme.".

Section 4. Amendment of section 87 of President's Act No. 27 of 1976

4. Amendment of section 87 of President's Act No. 27 of 1976.- In the principal Act in section 87, for sub-section (2), the following sub-section shall be substituted, namely:-

"(2) If the owner elects to pay the amount by installments, interest at such rate as is arrived at by adding two percent to the bank rate published under, section 49 of the Reserve Bank of India Act, 1934, (II of 1934) from time to time shall be charged per annum on the net amount payable.".

Section 5. Deletion of section 121 of President's Act No. 27 of 1976

5. Deletion of section 121 of President's Act No. 27 of 1976.- In the principal Act, section 121 shall be deleted.

Section 6. Repeal and savings

6. Repeal and savings.- (1) The Gujarat Town Planning, and Urban Development (Amendment) (Second) Ordinance, 1985 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.

Section 7. Transitory provisions

7. Transitory provisions.- The provisions of the principal Act shall continue to apply to any scheme in respect of which a declaration of intention to make not scheme has boon made under Section 41 of the principal Act at any time before 1st January, 1985 as if this Act had not been enacted.