- . · -~···· · ..... Extra No. 3 REGISTERED No. G/GNR/2 ©
~"""' m:be ~obernment ~a?ette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol. L] TUESDAY, MARCH 3, 2009/PHALGlJNA 12, 1930 Separate paging is given to this Part in order that it may IJe flied as a Separate Compilation.
PART IV
Acts of Gujarat Legislature and Ordinances promulgated and Regulations mndc by the Governor.
The following Act of the Gujarat Legislarure, having been assented to by the Governor on the 3"' March, 2000, is hereby published for general information.
H.D. VYAS,
Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department. GUJARAT ACf NO. 2 OF2009.
(First published, after having received lhe as:.ent of the Governor. in the
"Gujara1 Government Gazette," on the 3"' March, 2009).
AN ACT
to provide for establishment, operation, regulation and management of large size Investment Regions and Industrial Areas in the State of Gujarat; and to specially enable their development as global hubs of economic activity supported by world class infrastructure, premium civic amenities, centers of excellence and proactive policy framework; and for setting up an organizational structure with that purpose and for matt~rs connected therewith or incidental thereto.
It is hereby enacted in the Sixtieth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Gujarat Special Investment Region Short title aod Act, 2009. commencement
(2) It shall be deemed to have come into force on the 61h January, 2009. IV-Ex., 3-1 3-1
1
3-2 GUJARAT GOVERNMENT GAZETTE, EX., 3-3-09 (PART IV
Definitions. 2. In this Act, unless the context otherwise requires- (a)
(b)
(c)
(d)
"Amenities " means basic and essential services including but not limited to roads, bridges, bypasses and underpasses, drainage, water supply, collection-rreacment-discharge and disposal of industrial, institutional and township waste, health. education, transport, disaster management, parks, green areas, gas pipeline, entertainment, hospitality, recreation, industrial parks, townships and institutional areas and other facilities of conveniences as the Apex Authority may specify;
.. Apex Authority" means the Special Investment Region Apex Authority constituted under section 5;
"Award of project" means awarding, allocating, assigning, u·ansferring and leasing a project or work for execution, operation, management or maintenance under this Act;
"Concession Agreement" shall have the same meaning as assigned to it by clause (b) of section 2 of the Gujarat Infrastructure Development Act, 1999;
(e) "Developer" means a person or entity with whom a concession agreement is entered into or a project has been awarded and for which such ocher agreement is entered into for furcherance of the objectives of this Act;
(f) "Economic Activity" means the activities and services including but not limited co industrial, manufacturing, commercial, financial, processing, packaging. logistics, transport, tourism, hospitality, healch, housing, entertainment, research and development, education and training, information and communication, management and consultancy, corporate offices and the (!ctivities and services connected therewith or incidental thereto and other economic activities as the Apex Authority may specify;
(g) · 'Government agency" means a Corporation or a body owned or controlled by the State Government or an authority established by or under any law of the State and includes a local authority;
(h) "Industrial Area" means an area of more chan fitly square kilometers and less than or equal to hundred square kilometers and having or proposed for predominantly economic activity;
(i) "Infrastructure projects" means any project or facility, utility, amenity or service which is required or desirable for smooth, productive and efficient functioning of the Special Investment Region and includes such projects within the Special Investment Region, connecting the Special Investment Region or required for it:
G) "Investment Region·· means an area of more than hundred square kilometers and having or proposed for predominantly economic activity;
(k) "Local Authority" means and includes a Village Panchayat declared Cuj. II of 1999.
under clause (14) of section 2 of the Gujarat Panchayats Act, 1993, GuJ. 18 oft993.
2
PART!V] GUJARAT GOVERNMENT GAZETIE. EX., 3-3-093-3 I or 1956.
Municipal Council and Municipal Corporation having jurisdiction and falling \\ ithin the Spec!al Investment Region;
(I) "Occupier'' means a person who is ir. the legal po.session of a site or building 111 the Special lnvesunem Region and includes his successors, transferees and assignees;
(m) "Periphery Arca" mean~ the outer area of Special ln~cstmem Region declared a~ such under section 27;
(n) "Person" means and includes an individual, an entity, a company, fum, organization, association, society, eslllblishment, institution including Government agencies can·ying on business or economic activity in the Special Investment Region or entrusted with any work under the provisions of this Act;
(0)
(p) (q) (r) (s) (t)
"prescribed" means prescribed by rules made under section 33;
"Regional Development Authoricy'' means !he Regional Development Authority conscituted under section 8:
"Regulations" means the regulations of the Apex Authority made under section 35;
"Special Investment Region" means an Investment Region or an Industrial Area dedared under section 3;
"Special Purpose Entity" means a legal entity formed under 1.he Companies Act, 1956 or registered under other relevant Acts to execute paiticular infrast1ucture projects;
"Unit" means a unit set up by a person for the purpose of carrying on any economic activily in Special Investment Region and includes an existing unit whether established before or after the commencemenl of this Act;
(u) "User Charges" means the charges levied by the Regional Development Authority, a Developer or any other entity authorized for that purpose under this Act.
CHAPTER II
DECLARATION OF SPECIAL INVESTMENT REGION
3. (1) The State Government may, by notification in the Ojfi.cia1 Declaration of Gazette, declare an existing or proposed Investment Region or Industrial Special Area co be a Special Investment Region and determine the geographical area ~v~nt of che Special Investment Region for carrying out the purposes of this Act. egion.
(2) An Investment Region or Industrial Area declared as a Special Investment Region may be known with the name of its location or its predominant economic activity.
(3) Every notification issued under sub-section (1) shall be laid before the State Legislature as soon as may be after it is issued.
4. (1) A Special Investment Region declared under this Act, except Special the village site area (gamral) of a Village Panchayat, Municipal area and Investment Municipal Corporation area declared under the provisions of respective Region to be out of
jurisdiction of
local authority.
3
3-4 Establishment of Apex
Authority. Powers and functions of Apex Authority. GUJARAT GOVERNMENT GAZETTE, EX., 3-3·09 [PART IV State laws, shall cease to be under the jurisdiction of a local authority to the extent it relates lo the provisions made in this Act.
(2) While preparing the development plan for the Special Investment Region, the Regional Development Authority shall take into account the development plan, if any, prepared by the respective local authority for the concerned village site a;ea (gamtal) of the village Panchayat, Municipal area and Municipal Corporation area and the adjacent area thereof:
Provided that the State Government may declare the adjacent area of a village Panchayat. Municipality or Municipal Corporation from cime to time.
CHAPTER III
ESTABLISHMENT OF APEX AUTHORITY
5. The Gujarat Infrastructure Development Board (GIDB) established under section 17 of the Gujarat Infrastructure Development Act. 1999 is Gui. 11of1999. hereby declared and designated as the Special Investment Region Apex Authority (hereinafter called ''Apex Authority") for the purposes of this Act.
6. (I) The Apex Authority shall exercise all powers conferred on it and discharge all functions a%igned to it for any Special Invcstmem Region declared under the provisions of this Act.
(2) Without prejudice to the generality of the foregoirig powers, the powers and functions of the Apex Authority ~hall also include -
.
(i) to make regulations to give effect to the provisions of this Act;
(ii) to make regulations for development, operation, regulation and management of the Special Investment Region within the State and for development of infra~tructure within the Special h1vestment Region;
(iii) to approve, with or without modification, the plan for use of land in the Special Investment Region or its peripheral area on receipt of the proposal from Regional Development Authority;
(iv) to approve, with or without modification, the development plar~ lhe Town Planning Scheme and the General Development Regulations prepared and proposed by the Regional Development Authority;
(v) to grant permission and approval for any economic activity, amenity or infrastructure projects to be established in the Special Investment Region including integrated development in a large area in the Special Tnvestment Region;
(vi) to approve with or without modification, the agreements to be entered into by the Regional Development Authority or by a Government agency or submit the same to the Gujarat Infrastructure Development Board for its recommendation under sub-section (2) of section 5 of che Gujarat Infrastructure Development Act, l 999 for the project Guj. 11 of 1m. specified in Schedule I of Lhe said Act and che regulations made thereunder in this regard;
4
PART IV]
(vii)
(viii) ~ix)
(x)
GUJARAT GOVERNMENT GAZETTE. EX., 3-3-09 to ascertain and fur. the rates and approve, with or without modification, the user charges proposed by the Regional Development Authority, a Government agency or the Developer of infrastructure projects;
to propose with its recommendation to the State Government for making such provisions with respect to proper development, operation. regulation and management of the Special Investment Region;
tO monitor the development of the Special Investment Region and issue necessary directions to the agencies involved; to exercise such other powers and perform such other functions that may be required for development, operation, regulation and management of the Special Investment Region and as entrusted to it by the State Government.
7. (I) The Apex Authority may appoint an Executive Committee and such other committees or sub-committees consisting of such number of its members for efficient perforJT1ance and exercise of its powers conferred under !his Act as may be determined by regulations.
(2) The Apex Authority may. instead of appointing an Executive Committee under sub-section (!), designate the Executive Commillee of Gujarat Infrastructure Developm
Provided that the core functions of the Apex Authority such as approval and modification of Development Plan, Town Planning Scheme and the General Development Regulations shall not be delegated to any committee of the Apex Authority.
CHAPTER IV
CONSTITUTION OF REGIONAL DEVELOPMENT
AUTHORITY
8. (1) The State Government may, by notification in the Official Gazette, constitute a Regional Development Authority for the Special lnves~meut Region area declared under section 3.
(2) Every Regioo.al Development Authority constiruted under sub-section
(1) shall be a body corporate and shall have perpetual succession and a common seal, with power to acquire, hold and dispose of movable and immovable property and to contract, and by the said name, to sue and be sued.
(3) The State Government may, instead of constituting a Regional Development Authority for an Investment Region or an Industrial Area, designate a Government agency or Government company as the Regional Development Authority and empower it to exercise all the powers and perform all the functions as specified in section 15. IV-Ex., 3-2
3-5
Appointment
of Executive
Committee
and other
committees.
Constitution of Regional Development Authority.
5
3-6 Headquarters of Regional Development Authority. Appointment of members in Regional
Development Authority. Term of office and Conditions of service of members.
Meeting of Regional
Development Authority and transaction ot
business.
Constitution of Committees. .... ...... - · .. . ... -··-· GUJARAT GOVERNMENT GAZETTE, EX., 3-3-09 [PART IV
9. The Headquarters of the Regional Development Authority shall be at such place as the State Government may, by notification in the Official Gazette, specify.
10. The Regional Development Authority shall consist of the following members, namely:-
(i) the Chairperson, to be appointed by the State Government;
(ii) the Vice-Chairperson, to be appointed by the State Government;
(iii) two officials of the State Government, to be nominated by the State Government, ex-officio;
(iv) an officer to be nominated by the Apex Authority;
(v) a person having experience in administration, to be nominated by the Star.e Government;
(vi) two non-officials who possess experience in area development and regional planning, to be nominated by the State Government;
(vii) two representatives from the industry and business sector, to be nominated by the State Government;
(viii) a Member-Secretary who shall be an officer of the State Government, to be appointed by the State Government. The Member-Secretary shall be the Chief Executive Officer of the Regional Development Authority, ex-officio.
11. (1) The term of office and conditions of service of the Chairperson, Vice-Chairperson, the Chief Executive Officer and members of the Regioni.l Development Authority shalJ be such as may be prescribed.
(2) The appointment, remuneration, allowances and conditions of services of the officers and employees of the Regional Development Authority shall be such as may be prescribed by regulations.
12. The Regional Development Authority shall meet at such time and at such place as the Chairperson may determine:
Provid~ that the procedure with regard to transaction of business at its meetings including quorum at such meeting shall be such as may be laid down by the Regional Development Authority in consultation with the Apex Authority.
13. The Regional Development Authority may constitute an Executive Committee and such other committees consisting of $Uch number of its members for performance of its functions as may be determined by it:
Provided that the core functions of the Regional Development Authority such as preparation of the development plan, town planning scheme and the General Development Regulations shall not be delegated to any other committee of the Regional Development Authority.
6
PART IV] GUJARAT GOVERNMENT GAZETTE, EX., 3-3-09 I ot 1894.
14. No act or proceedings of the Regional Development Authority and any of its cornminees shall be invalid or vitiated merely by reason of-
(a) a vacancy therein or any defect in the cxmstitution thereof, or
(b) an irregularity in its procedure not affecting the merit of the case.
CHAPTER V
POWERS AND FUNCTIONS OF REGIONAL DEVELOP!VIENT
AUTHORITY
15. (1) The Regional Development Authority shall secure planned development of the Special Investment Region and shall take steps for il~ effective regulation and efficient management so as to bring and enhance general welfare, convenience, productivity and excellence.
(2) Without prejudice to the generality of foregoing provisions, the Regional Development Authority shall undertake the management and planning of land resource and infrastrucrure of the Special Investment Region.
(3) The Regional Development Authority shall, in particular, exercise the following powers and perform the following functions, namely:-
(i) to classify and earmark the area of the Special Investment Region for various purposes and usages including economic activities, amenities and community services as it deems fit;
(ii) to prepare the development plan for whole or part of the area of the Special Investment Region;
(iii) to undertake preparation and execution of town planning scheme for whole or part of the Special Investment Region;
(iv) to regulate the development of the periphery area of !he Special Investment Region;
(v) to acquire, bold and manage moveable or immoveable property as it may deem necessary subject to general or specific directions of the State Government in this regard;
(vi)
(vii)
to acquire land in the Special Investment Region , by sale, lease, grant, allocation, donation, town planning scheme, consent agreement or through proceedings under the Land Acquisition Act, 1894 for the purposes of this Act;
to sale, lease, transfer or dispose off any land or building belonging to it subject to the regulations made by the Apex Authority;
(viii) to carry out surveys in the Special Investment Region for the preparation of development plans and town planning schemes;
(ix) . to prepare, issue and implement the directions, the standards and !he norms for building strucrures, infrastructure development and other construction activities in the Special Investment Region;
(x) to enter into contracts, agreements or concession agreement with any person, entity, developer or organization as it may deem necessary for performing its functions;
3-7
Acts and
proceedillf;S of
Reglonal
Development
Authority and
committees
presumed to be
valid.
Powers and
functions of
Regional
Development
Authority.
7
3-8 .. ~ .. . -·· · ···· ·-- · . . GUJARAT GOVERNMENT GAZE! IE, EX., 3-3-09 [PARTN
(xi) to execute, co-ordinate and supervise works in connection with infrastructure or provision of other services and amenities in the Special lmres.tment Region ;
(xii) to provide for disaster management and mitigation in the Special Investment Region ;
(xiii) to levy and collect such fees, development charges, or user charges as may be ascertained and fixed by the Apex Authority under clause
(vii) of sub-section (2) of section 6;
(xiv) to remove encroachments and constructions not duly authorized or made in violation of the regulations, directions and norms laid down by the Regional Development Authority;
(xv) to make arrangements for observance and promotion of safety, order, health and environmental safeguards within the Special Investment Region;
(xvi) to guide, assist and co-ordinate with other authorities functioning in the Special Investment Region in matters pertaining to planning and ·use of land and development of the Special Investment Region;
(xvii) to control the development activities in ac~rdance with the development plan and to bring aesthetics, efficiency and economy in the process of development;
(xviii) to ensure and make provision for sufficient civic amenities and services including hospitals and medical services, schools, fire services, public parks, market~ and shopping places, play grounds, entertainment areas and disposal of waste and provision of drainage;
(xix) to make sustainable arrangements for providing and maintaining the highest standards in civic amenities and services particularly for cleanliness, aesthetics, health and hygiene;
(xx) to make enquiry, inspection, examination or measurement of any land and building in any part of the Special Investment Region ; (Xxi) to exercise such other powers and discharge such other functions as may be prescribed by rules or regulations.
(4) (a) Notwithstanding anything contained in the relevant State Acts, rules or any existing instructions of the State Government, the Regional Development Authority may frame its own General Development
. Regulations and the same shall prevail for developments in the Special Investment Region .
(b) Every person, unit or Developer or any other stakeholder in Speciai lnvestment Region shall be required to get the plans of the building approved.by the Regional Development Authority before commencing any construction and shall obtain the approval of the Regional Development Authority necessary and incidental thereto, after the completion and before the use of such premises.
(c) For the purpose of this section and with any other requirement for proper planning, management and development of the Special Investment Region, the Regional Development Authority may issue such direction or
8
PART IV] GUJARAT GOVERNJ'v!ENT GAZETTE, EX., 3-3-09
Presidml'$ Act
No. r7 oft!n6. instruction as it may consider necessary to any person, unit, entity, Developer or any other stakeholder in the Special Investment Region and the person, unit, entity, Developer or, as the case may be, the stakeholder shall be bound by such directions.
16. (!) No person or entity shall erect or occupy any building or structure in the Special Investment Region in contravention of any building norms made by the Regional Development Authority.
(2) Notwithstanding anything contained in any other State law for the time being in force, no person or entity shall erect or occupy any building or structure within the Special Investment Region except with the previous permission of the Regional Development Authority.
(3) A person desiring to undertake building operations or erection or occupation of any building or structure in the Special Investment Region referred to in sub-section (2) shall seek prior permission of the Regional Development Authority.
(4) The Regional Development Authority may, after making such inquiry as it deems necessary, grant the permission on such conditions as it may deem fit or refuse to grant such permission.
(5) (a) Any person aggrieved by the decision of the Regional Development Authority under sub-section (4) may, within fifteen days (including public holidays) from the date of decision, may prefer an appeal to the Disputes Resolution Forum set up under clause (2) of section 25.
(b) The Disputes Resolution Forum, after hearing the Regional Development Authority and the aggrieved person and considering all relevant facts, may accept or reject the appeal filed under sub-section (5) or modify the decision taken by the Regional Development Authority. ( c) In case of rejection of appeal or modification of the decision of Regional Development Authority under clause (b) above, the aggrieved person may prefer second appeal to the Disputes Settlement Mechanism set up under section 26 within fifteen days (including publtc holidays ) of the decision of the Disputes Resolution Forum.
( d) The Disputess Settlement Mechanism after hearing the Regional Development Authority and the aggrieved person, may accept or reject the appeal. The decision taken by the Disputes Settlement Mechanism shall be final and binding to the parties. ·
(6) In case any person does anything contrary to the decision given under sub-section (4) or (5), the Regional Development Authority shall have power to pull down, demolish or remove any erection made contrary to such decision and recover the cost of such pulling down, demolition or removal from the person concerned.
17. (1) The provisions of the Gujarat Town Planning and Urban Development Act, 1976, shall mutatis mutandis, apply with respect to the IV-Ex., 3·3
3-9
No erection, etc.
by any person or
entity without
permission of
Regional
Development
Authority.
Application of
President's Act
No. 27 of 1976.
9
J-10 Setting up of units and
amenities in
Special lnvestment Region. Units and amenities of Special
Economic Zone in Special Investment Region to be overoed under relevant Act. GUJARAT GOVERNMENT GAZETTE, EX., 3-3-09 [PART IV Development Plans and to the Town Planning Schemes made under this Act.
(2) The power exercisable by the State Government for sanctioning of Development Plans and Town Planning Schemes under the Gujarat Town Planning and Urban Development Act, 1976 shall be exercisable by the Apex Authority.
(3) The Regional Development Authority shall be "Appropriate Authority" for the area comprising of Special Investment Region for the purposes of Gujarat Town Planning and Urban Development Act, 1976 as so applied to this Act.
CHAPTER VI
PROCEDURE FOR SETTING UP OF UNITS AND AME1''1TIES IN SPECIAL Thi'VESTMENT REGION
18. (1) The Apex Authority shall be the single point of contact for starting an economic activity or setting up a unit, amenity or infrastructure in the Special Investment Region.
(2) Any person who intends to start an economic activity or set up a unit, amenity or infrastructure project in !he Special Investment Region or who intends to undertake integrated development as per the provisions of section 23, shall make a proposal in that regard to !he Apex Authority or the agency specified by it in such form containing such particulars, and in such manner and along with such fees as may by regulation prescribed by the Apex Aulhority.
(3) The Apex Authority, on receipt of a proposal made under sub- section (2) shall examine the same and approve with or without modification or disapprove the proposal. The Apex Aulhority shall communicate its decision w the concerned person and the Regional Development Authority as early as possible.
(4) The Regional Development Authority, on receipt of communication of approval from the Apex Authority, shall offer the concerned part of the land, premises, facilities or amenities to !he concerned unit or person.
(5) The Apex Authority may offer !he package, schemes or incentives for an economic activity, amenity or infrastructure in the Special Investment Region as per the existing policy or directions of the State Government.
10
..,.u.., u ''-' ''-' ' '- "- • ·••·• " ·•-• ••"•" .,, . ....... • '"'"'"-"" .. • '"'' PARTIVl GUJARAT GOVERNMENT GAZETIE, EX., 3-3-09
(;'If. 11 of
2004.
(2) The Developer of the Special Economic Zone shall take into account the development plan prepared by the Regional Development Authority while finalizing the infrasuucrure within and adjacent to the Special Economic Zone and its peripheral area declared .under clause (ii) of section 2 of the Gujarat Special Economic Zone Act, 2004.
CHAPTER Vil
DEVELOPMENT ~'iD EXECUTION OF l~FRASTUCTURE
PROJECTS
3-11
20. (I) The State Government may
(2) The State Government may form or designate a Nodal Company out of the project development agencies and companies mentioned in sub- section (1), to act as the project development agency for projectS relating to all the Special Investment Regions in the State.
(3) The Nodal Company shall carry out its functions under general or specific directions of the Apex Authority and shall assist the Apex Authority and the State Government in undertaking project related task.
(4) The Nodal Company shall act in close co-ordination with Apex Authority and give all suppon and guidance to the Regional Development Authorities and other agencies, Developers and entities involved in the task of development of projectS relating to the Special Invescment Regions.
(5) The functions of the Nodal Company may include the following, namcly:-
(i) conceiving and detailing of the Projects;
(ii) assessing the techno-commercial and economic feasibility;
(iii) financial structuring of projects;
(iv) environmental issues and Solutions;
(v) implementing the projcctS or awarding them to other developers or entities;
(vi) global marketing of the Special Investment Regions, the Projects in and connected with the Special Investment Regions;
(vii) raising finances from the market including financial and multilateral institutions;
(viii) promoting and bringing in Private Sector Participation in projectS within or connected with the Special lnvesrment Region;
(ix) entering into contracts and agreement with other entities for any of the purposes assigned to it;
11
3-12 Transfer of assets to
O\ITll;l llJlft.-.,•t
company for infrastructure development. Award of
projects to a Developer. Integrated levelopment of a large area in Special
Investment
Region.
Allocation of premises in
Special
Investment
Region.
... ···- - - . .. . . ·- ····· - .. -.... -. ... .. . . .. GUJARAT GOVERNMENT GAZETTE, EX., 3-3-09 [PART IV
(x) taking or suggesting any other steps for effective implementation. marketing and management of the projects connected with the Special Investment Region.
(6) Any entity proposing to undertake the development of infrastructure projects in the Special Investment Region or connected thereto shall make the proposal in that regard to the Apex Authority.
21. (I) The Regional Development Authority may transfer its assets including the land granted by the State Government, its agencies or a local n ... thori•y, "" thP. case 111ay be, to a Government company for development of infrastructure and amenities tn the Spe<:ial Investment Region .
(2) Public assets including land and rights thereon shall be transferred or conferred to a private entity for a project as per agreement or, as the case may be, the concession agreement approved under clause (vi) of sub-sxtion
(2) of section 6.
22. (I) The Regional Development Authority may enter into agreement with a developer for carrying out any project or work in the Special Investment Region:
Provided that, in case of infrastructure projects, the process of selection of a developer shall be such as stipulated in the Gujarat Infrastructure Development Act, 1999. GuJ. 11 or 1999.
(2) Without prejudice to the generality of the foregoing provisions, the Regional Development Authority may enter into a joint venture agreement with another Government company or another developer or entity to form a special purpose entity for developing or managing a particular project in the Special Investment Region with prior approval of the Apex Authority.
23. A person or an entity, having under his possession the minimum contiguous area in the Special Investment Region as prescribed by the Apex Authority from time to time and intending to undertake integrated development of the said area with economic activity and amenities, may apply to the Apex Authority as per the procedure laid down in section 18:
Provided that such development shall be subject to the development plan, the General Development Regulations and such ocher conditions as the Apex Authority may deem fit.
CHAPTER VIII
ALLOCATION OF PREMISES, EVICTION AND RECOVERY
OF DUES
24. (I) Subject to any general or specific directions of the State Government or the Apex Authority, the Regional Development Authority shall be the primary agency for allocating and handing over the premises, land and amenities to the units, amenities and infrastructure projects being set up in the Special Investment Region .
12
- ~!VJ
• '""'"~ P. • r,i..:JARAT. G0VER;\IMENT GAZETTE, EX., 3-3-09 26of 1996.
(2) The Regional Development Authority shall offer the lands, premises and amenities within the Special Investment Region to the concerned unit or person on such terms and conditions and after levying such charges as it deems fit or as directed by the Apex Authority.
(3) The Regional Development Authority shall make provisions and take steps for recovery of dues, rent and charges from the occupants of premises and amenities in the Special Investment Region .
(4) The pending dues, if any, on proposal and certification in this regard by the Regional Development Authority, may be recovered or collected as an arrear of land revenue.
(5) The Regional Development Authority in consultation with the Apex Authority, may make previsions for eviction of the occupants from any premises in the Special Investment Region for violation of any guidelines issued under this Act or non-compliance of the provisions of this Act.
CHAPTER IX
REDRESSAL OF GRIEVANCES AND SETTLEMENT OF
DISPUTES
25. Without prejudice to the jurisdiction of any court of law, and to the provisions of the Arbitration and Conciliation Act, 1996, an internal Disputes Settlement Mechanism for the purposes of this Act shall be as follows , namely:-
(1) The Regional Development Authority shall set up a Grievances Redressal Committee comprising of such number of its members and officers, as may be decided by it to redress the grievances and resolve the disputes originating from any stakeholder in the Special Investment Region.
(2) Any person aggrieved by the decision of Grievances Redressal Committee may appeal to the Disputes Resolution Forum set up by the Apex Authority comprising of such number of members and officers as may be decided by it.
(3) For the purpose of deciding the disputes, the Grievances Redressal Committee and the Disputes Resolution Forum shall frame the guidelines including the time frame in this regard and follow the principles of natural justice while dealing with the grievances.
26. ( 1) The State Government may, by notification in the Official Gazette, form a Disputes Settlement Mechanism consisting of such number of members as may be specified by it, to deal with the disputes against Regional Development Authority or those arising in any manner in the Special Investment Region and brought before it or those which could not be resolved or settled by the Grievances Redressal Committee and the Disputes Resolution Forum.
IV-Ex .. 3-4
3-13
Redressal of
Grievances and
Disputes
Resolution
Forum.
Disputes
Settlement
Mechanism.
13
3-14 Periphery of Special
Investment Region.
Control,
regulation and development. - --- -. ... .. - · - . - - ... --..... - ·-· . . -. - . -. --. GUJARAT GOVERNMENT GAZETTE, EX., 3-3-09 [PART TV
(2) The qualification, tenure of office and other terms and conditions of the Chairperson and members of the Disputes Settlement Mechanism shall be such as may be prescribed by rules.
(3) For the purpose of deciding the disputes, the Disputes Settlement Mechanism shall frame the guidelines including the time frame in this regard and follow the principles of natural justice while dealing with the disputes.
(4) The order passed by the Disputes Settlement Mechanism shall be final.
CHAPTER X
ADMINISTRATION AND DEVELOPMENT OF PERIPHERY OF
THE SPECIAL INVESTMENT REGION
27. (I) The State Government may, by notification in the Official Gazette, declare such of the outer area 'not exceeding three kilometers on either side adjoining to a Special Investment Region, to be the periphery of the Special Investment Region as it deems fit.
(2) On declaration of an area under sub-section (1) as periphery of a Special Investment Region,-
(a) the Regional Development Authority of the Special Investment Region shali be the Regional Development Authority for the periphery of the Special Investment Region; and
(b) the powers and functions of the Regional Development Authority and tl1e Apex Authority shall extend to the periphery of the Special Investment Region.
(3) ln order to regulate the developments in the periphery area, the Regional Development Authority may prepare separate land use plan and development plan for the periphery area in accordance with · the provisions of this Act.
CHAPTER XI
CONTROL, REGULATION M'D DEVELOPMENT IN SPECIAL
INVESTMENT REGION
28. ( 1) The State Government may, by notification in the Official Gazette, declare the whole or any part of the Special Investment Region to be control led area for the purposes of this Act.
(2) No land within the controlled area shall, except with the permission of the Regional Development Authority, be used for purposes other than those for which it was used on the date of notification under sub-section ( 1 ).
(3) No local authority or the State Government agency shall grant any permission for any development work or sanction any project including those referred to in sub-section (2) unless the Regional Development Authority has given specific approval for the same.
14
PARTIVI UUJARAT GOVERNMENT GAZETIE, EX., 3-3-09
(4) No person shall erect any building or make or extend any excavaLion, or lay om any means of access to a road, in the controlled area, save with the previous permission of the Regional Development Authority and in accordance with the development plan and guidelines formulated by the Regional Development Authority.
(5) Any person desiring to obtain the permission referred to in sub- section (4) shall make an application in writing to the Regional Development Authority in such form and containing such information as may be specified by the Regional Development Authority.
(6) The Regional Development Authority may, after making due enquiry, grant such permission subject to such conditions as it deems fit or may refuse to gram the same.
(7) Any person aggrieved by the decision of the Regional Development Authority under sub-section (6) may, within thirty days from the date of the decision of the Regional Development Authority, prefer an appeal against such decision to the Disputes Resolution Forum of the Apex Authority.
(8) No person shall be entitled to claim compensation for any injury, loss or damage caused or alleged to have been caused by the control on the developments under this Act.
(9) The Regional Developmenl Authority may order any person who has committed a breach of the provisions of this section to stop or to restore to its original state or to bring into conformity with the conditions imposed, as the case may be, within the stipulated time period, any building or land in respect of which a contravention has been committed.
(10) If such person fails to do so as directed under sub-section (9). the Regional Development Authority may itself take measures to give effect to the order and the cost of such measures shall be recovered from such person as an arrear of land revenue.
(11) Nothing in this section shall apply to -
(a) any building for the purposes of residence or buildings subservient to agriculture in the village site area (gamtal) of a village Panchayat, Municipal area and Municipal Corporation area;
(b) the erection of a building or a wall enclosing a crematorium, graveyard, place of worship, or Sam.adhi on land which is, at the time of the notification under the sub-section (l), was traditionally occupied by or was used for the said purposes;
(c) normal excavations (including wells) made in the ordinary course of agriculture;
(d) the construction of an unmetalled road intended to give access to land solely for agricultural purposes;
(e) construction or extension in an agricultural land, of a dwelling house for personal use or for storage of agricultural assets of the owner, as 3-15
15
3-16 GUJARAT GOVERNMENT GAZETTE, EX., 3-3-09 [PART rv Special
Investment
Region to be
an Industrial
Township.
Funds of
Regional
l>evelopment
Authority.
Attounts
and Audit.
per permissible norms prescribed by the State Government from time to time under the relevant Acts or rules.
CHAPTER XII
SPECIAL INVESTMENT REGION TO BE AN INDUSTRIAL
TOWNSmP
29. (l) The area within the Special Investment Region except the village site area (gamtal) of a Village Panchayat, Municipal area and Municipal Corporation area shall be deemed to be an industrial township within the meaning of the provisions of clause (1) of article 243Q of the Constitution of India from the date it is so notified in the Official Gazette by the State Government.
(2) Subject to the prior permission and any general or special orders which the State Government may make in this behalf, the Regional Development Authority may act as the authority for taking decisions and steps for assessment, imposition and recovery of taxes under this section.
CHAPTER XIII
FINAl'ICE, ACCOUNTS AND Al'JNUAL REPORTS OF REGIONAL
. DEVELOPMENT AUTHORITY
30. The Regional Development Authority shall have and maintain its own fund. All sums paid to and collected by the Regional Development Authority shall be carried to the fund of the said Authority and all payments shall be made therefrom.
31. (1) The acoounts of the Regional Development Authority shall be prepared and maintained in such form and in such manner as may be prescribed by rules.
(2) The accounts of the Regional Development Authority shall be . audited by an auditor duly qualified to act as an auditor of the Companies under section 226 of the Companies Act, 1956.
Annual 32. ( 1) The Regional Development Authority shall during each Report. financial year, prepare an annual report giving a true and full acoount of its activities during the previous financial year and an account of the activities likely to be undertaken by it in current financial year in consultation with the Apex Authority and submit it to the State Government.
(2) The State Government shall cause every such report along with the audited annual accounts for the year to be laid before the State Legislature as soon as may be.after the receipt of the report under sub-section (I).
CHAPTER XIV
POWER TO MAKE RULES, ISSUE DIRECTIONS ANl>
REGULATIONS AND REMOVE DIFFICULTIES
PowerofState 33. (l) The State Government may, by notification in the Official Government to Gazene, make rules to carry out the purposes of !his Act. make rules.
lof 1956.
16
··- . ·· -·····--· .. PART IV] GUJARAT GOVERNMENT GAZETTE. EX .. 3-3--09 I otl894.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may be made for determining any other powers and functions of the Regional Development Authority and the Apex Authority constituted under this Act.
(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to such modifications as the Jegislarure may make during the session in which they are so laid or the session immediately following.
34. (I) The State Government may issue directions to the Apex Authority, Regional Development Authority or any agency or entity connected with Ltie activities under this Act or to any person or body involved in the development. operation and implementation of the projects in the Special Investment Region or connecced !herewith.
(2) Every direction issued by the State Government under sub-section ( l ), shall be binding to the respective authority, Regional Development Authority, agency, entity, body or person.
35. The Apex Authority may make regulacions not inconsistent with the provisions of this Act and the rules made thereunder to carry out the purposes of this Act and for enabling it to discharge its functions under this Act.
36. (l) lf any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to be necessary or expedient for removing the difficulty:
Provided that no order under sub-section (1) shall be made after the expiry of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.
CHAPTER XV
MISCELLANEOUS
3 7. Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State laws for the time being in force.
38. Land needed for the purposes of a town planning scheme, development plan or an infrastructure project under this Act shall be deemed to be the land needed for public purpose within the meaning of the Land Acquisition Act., 1894.
39. All members, officers, and employees of the Apex Authority, the Regional Development Authority, the Nodal Company and other Government Company or Project Development Agency shall, while acting or purporting to act in pursuance of the provisions of this Act or the rules IV-Ex., 3-5
3-17
Power of
State
Governme.nt
to give directions. Power of Apex Authority to~ke
rel!ulations. Powe?' of State Government to
remove
difficulties. Act to
override other State laws. Land deemed to be for
public
purpose.
Members,
olftcers and employees to be public
sen an ls.
17
3-18 Protection of action taken in good faith. Repeal
and
savings.
GUJARAT GOVERNMENT GAZETTE, EX .• 3-3-09 [PART IV and regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
40. No suit, prosecution or other legal proceeding shall lie against the Apex Authority, the Regional Development Authority, Nodal Company, other Government companies or project development agencies or any of their committees, members, officers and employees for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rules and regulations made thereunder.
45 or 1860.
41. (1) Tne Gujarat Special Investment Region Ordinance, 2009 is Guj. Ord. 1 hereby repealed. of 2009.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
Govemrr1ent Central Press, Gandhinagar
18