The Gandhidham (Development and Control on Erection of Buildings) Act, 1957

{
    "id": 16752,
    "slug": "gandhidham-development-and-control-on-erection-of-buildings-act-1957",
    "title": "The Gandhidham (Development and Control on Erection of Buildings) Act, 1957",
    "short_title": "The Gandhidham (Development and Control on Erection of Buildings) Act, 1957",
    "act_number": "Bombay Act No. 19 of 1958",
    "act_year": 1957,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Gandhidham (Development and Control on Erection of Buildings) Act, 1957",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"amenity\" includes roads, water supply, street lighting, drainage, sewerage, public parks and any other convenience which the Authority may, by notification in the Official Gazette , specify to be an amenity for the purposes of this Act;\n(b) \"Authority\" means the Gandhidham Development Authority constituted under section 3;\n(c) \"building\" means a house, hut, shed or other roofed structure, for whatsoever purpose and of whatsoever material constructed and every part thereof and shall include any wall, underground room or passage, verandah, fixed Platform, plinth, staircase or doorstep, attached to or within the compound of an existing building or constructed on ground which is to be the site or compound of a projected building but shall not include a tent or other such portable temporary structure erected on ceremonial of festive occasions;\n(d) \"development\" with its grammatical variations and cognate expressions, means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in any buildings or land or in the use thereof;\n(e) \"erection of any building\" with its grammatical variations and cognate expressions includes-\n(i) any material alteration or enlargement of any building;\n(ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;\n(iii) the conversion into more than one place for human habitation of a building originally constructed as one such place;\n(iv) the conversion of two or more places of human habitation into a greater number or such places;\n(v) such alteration of a building as affect its drainage of sanitary arrangements or materially affect its security;\n(vi) the addition of any rooms, buildings, out-houses or other structures to any building, and;\n(vii) the construction in a wall adjoining any street or land not belonging to the owner or the wall of a door opening on to such street or land;\n(f) \"Gandhidham\" means the area in the Kutch District lying within the boundaries described in the Schedule;\n(g) \"owner\" includes a person for the time being receiving or entitled to receive the rent, or a part of the rent, of any land or building, whether on his own account or as trustee or as agent or as receiver appointed by or under order of a court or who would so receive the rent or be entitled to receive it if the building or land were let to a tenant;\n(h) \"prescribed\" means prescribed by regulations made under this Act;\n(i) \"road\" includes any street square, court, alley or passage, whether a thoroughfare or not, over which the public have a right of way.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Constitution and composition of Gandhidham Development Authority.",
            "chapter": null,
            "content": "(a) the District Magistrate, Kutch, Ex-offico ;\n(b) the District Public Health Officer, Kutch ex-officio ;\n(c) five non-official members nominated by the State Government;\n(d) not more than three persons as may be nominated by the Central\n(b) The members nominated by the Central Government under clause (d) of subsection (2) shall hold office, during the pleasure of the Central Government.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Procedure and authentication of order, etc. of Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Vacancy or defect in constitution of Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Power to issue directions in respect of Gandhidham.",
            "chapter": null,
            "content": "(a) the division or sub-division of any site into plots for the erection of buildings, and the manner in which such plots may be allotted to intending purchasers or lessees;\n(b) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;\n(c) the development of any site into a colony and the restrictions and conditions subject to which such development may be undertaken or carried out;\n(d) the erection of buildings on any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings, and the height and character of buildings;\n(e) the alignment of buildings on any site;\n(f) the architectural features of the elevation or frontage of any buildings to be erected on any site;\n(g) the number of residential buildings which may be erected on any site;\n(h) the amenities to be provided in relation to any site or buildings on such site, whether before or after the erection of buildings, and the person or authority by whom such amenities are to be provided;\n(i) the prohibition or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in any locality;\n(j) the regulations of use of any land for the purposes of charcoal-kiln, pottery-kiln or lime-kiln or brick field or brick-kiln;\n(k) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained;\n(l) the restriction regarding the use of any site for the purposes other than the erection of buildings; and\n(m) any other matter, which in the opinion of the Authority, is necessary for the proper planning of Gandhidham and for preventing buildings being erected haphazardly therein.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Control of development and building operations in Gandhidham.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Application for permission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Prohibition of use of any land, as brick fields, etc., without licence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Bar of compensation.",
            "chapter": null,
            "content": "(a) any order made by the Authority under sub-section (2) of section 8 or subsection (3) of section 9; ors\n(b) anything which is in good faith done or intended to be done under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Power of entry on building or land.",
            "chapter": null,
            "content": "(a) making any inquiry, inspection, measurement or survey, or taking levels of such site or building;\n(b) examining works under construction or ascertaining the course of sewers or drains:\n(c) ascertaining whether any site is being or has been developed, or any building is being or has been erected, in contravention of any direction issued under section 6 or without the permission referred to in section 7 or in contravention of any condition subject to which such permission has been granted; or\n(d) ascertaining whether any land is being or has been used for the purposes of a charcoal-kiln, pottery-kiln or lime-kiln without a licence or in contravention of any condition subject to which such licence has been granted:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Order of demolition of building in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Penalties.",
            "chapter": null,
            "content": "(a) undertakes or carries out the development of any site or erects any building or makes or extends any excavation or lays out any means of access to a road in contravention of any direction issued under section 6 or without the permission referred to in section 7 or in contravention of any condition subject to which such permission has been granted, or\n(b) uses any land in contravention of the provisions of sub-section (1) of section 9,\n(a) \"company\" means a body corporate and includes a firm or other association of individuals; and\n(b) \"director\" in relation to a firm, means a partner in the firm.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Jurisdiction of courts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Previous sanction of Authority or Officer authorised by it for prosecution.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Magistrate's powers to impose enhanced penalties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Power to delegate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Right of Appeal.",
            "chapter": null,
            "content": "[18A. Compounding of offences.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Constitution of the Board of Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Officer appointed by authority to assist Board in advisory capacity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Place where the Board may sit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Right to appear by recognised agent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Decision of questions of law and other questions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Powers of Board to decide matters finally.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Board not be a Court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Remuneration of Assessors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Decision of Authority to be final in certain matters.",
            "chapter": null,
            "content": "[27A. Member, officer and employee of Authority to be public servant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Effect of provisions of Act inconsistent with other enactments and instruments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Savings.",
            "chapter": null,
            "content": "(a) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the buildings but not its drainage or sanitary arrangements or its security or which do not materially affect the external appearance of the building;\n(b) the carrying out by the Government or local authority in Gandhidham of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;\n(c) the erection of a building not being a dwelling house if such building is required for purposes subservient to agriculture;\n(d) the erection of buildings upon land included in the inhabitated site of any village within the meaning of the Bombay Land Revenue Code, 1879 (Bombay V of 1879), as applied to the Kutch area of the [State of Gujarat] .\n(e) excavations (including wells) made by Government or any local authority in the ordinary course of agricultural operations, or for the purpose of laying, making, altering, repairing, or renewing any sewer, drain or water course for supplying water for drinking;\n(f) the construction of unmetalled roads intended to give access to land solely for agricultural purpose; and\n(g) any area within the limits of the major port of Kandla defined or altered as the case may be under the Indian Ports Act, 1908 (XV of 1908), being an area owned or occupied for the purposes of that port by the Central Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Powers to make regulations.",
            "chapter": null,
            "content": "(a) the summoning and holding of meetings of the Authority, the time and place where such meetings are to be held, the procedure to be followed by the Authority, the conduct of all business to be transacted by the Authority and the number of the members necessary to form a quorum;\n[(aa) the emoluments payable to the Chairman, members and the Secretary of the Authority;]\n[(b) the official seal of the Authority;]\n(c) the form in which an application for permission under sub-section (1) of section 8 and an application for licence under sub-section (2) of section 9 shall be made and the information to be furnished in such application;\n(d) the fee to be charged for an application under section 8;\n(e) the fee to be charged for the grant and renewal of licences under section 9 and the conditions governing such licences;\n(f) the manner in which notice under this Act may be served;\n(g) the regulation of the laying out of means of access to roads;\n(h) the principles under which applications for permission or licence under this Act may be granted;\n(i) the officers to whom powers may be delegated under section 17; and\n(j) any other matter which has to be, or may be, prescribed.\nSchedule\n[See Section 2(F)]\n[See Section 2(F)]\nOn the South\nOn the West\nOn the North\nOn the East",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        }
    ],
    "metadata": {
        "Act ID": "guj067",
        "Act Number": "Bombay Act No. 19 of 1958",
        "Enactment Date": "",
        "Act Year": "1957",
        "Short Title": "The Gandhidham (Development and Control on Erection of Buildings) Act, 1957",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:52:40"
}