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THE GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT ACT, 1976.
The Gujarat Town Planning and Urban Development Act, 1976
Sections
An ACT
Section 1
CHAPTER I
CHAPTER I - PRELIMINARY
Section 2Section 1(1)
Section 1Section 1(2)
Section 1Section 1(3)
Section 1Section 2
Section 2Section 2(i)
Section 2Section 2(ii)
Section 2Section 2(iii)
Section 2Section 2(iv)
Section 2Section 2(v)
Section 2Section 2(vi)
Section 2Section 2(vii)
Section 2Section 2(viii)
Section 2Section 2(ix)
Section 2Section 2(x)
Section 2Section 2(xi)
Section 2Section 2(xii)
Section 2Section 2(xiii)
Section 2Section 2(xiv)
Section 2Section 2(xv)
Section 2Section 2(xvi)
Section 2Section 2(xvii)
Section 2Explanation to Section 2(xvii)
Section 2Section 2(xviii)
Section 2Section 2(xix)
Section 2Section 2(xx)
Section 2Section 2(xxi)
Section 2Section 2(xxii)
Section 2Explanation to Section 2(xxii)
Section 2Section 2(xxiii)
Section 2Section 2(xxiv)
Section 2Section 2(xxv)
Section 2Section 2(xxvi)
Section 2Section 2(xxvii)
Section 2Section 2(xxviii)
Section 2Section 2(xxix)
Section 2
CHAPTER II
CHAPTER II - DEVELOPMENT AREA AND CONSTITUTION OF AREA DEVELOPMENT AUTHORITIES
Section 38Section 3(1)
Section 3Section 3(2)
Section 3Section 3(3)
Section 3Section 4(1)
Section 4Section 4(2)
Section 4Section 4(2)(a)
Section 4Section 4(2)(b)
Section 4Section 5(1)
Section 5Section 5(2)
Section 5Section 5(3)
Section 5Section 5(3)(i)
Section 5Section 5(3)(ii)
Section 5Section 5(3)(iii)
Section 5Section 5(3)(iii)(a)
Section 5Section 5(3)(iii)(b)
Section 5Proviso to Section 5(3)(iii)(b)
Section 5Section 5(3)(iv)
Section 5Section 5(3)(v)
Section 5Section 5(3)(vi)
Section 5Section 5(4)
Section 5Section 5(5)
Section 5Section 5(6)(a)
Section 5Section 5(6)(b)
Section 5Section 5(7)
Section 5Section 5(8)(i)
Section 5Section 5(8)(ii)
Section 5Section 5(8)(iii)
Section 5Section 5(9)(i)
Section 5Section 5(9)(ii)
Section 5Section 5(10)
Section 5Section 5(11)
Section 5Section 5(12)
Section 5Section 6(1)
Section 6Section 6(2)
Section 6Section 6(3)
Section 6Section 7(1)
Section 7Section 7(2)
Section 7Section 7(3)
Section 7Section 8(1)
Section 8Section 8(2)
Section 8Section 9(1)
Section 9Section 9(2)
Section 9Section 10
Section 10Section 11
Section 11Section 12(1)
Section 12Section 12(2)
Section 12
gujarat-town-planning-and-urban-development-act-1976.json
•
84 Sections
•
Gujarat
{
"id": 663,
"slug": "gujarat-town-planning-and-urban-development-act-1976",
"title": "THE GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT ACT, 1976.",
"short_title": "The Gujarat Town Planning and Urban Development Act, 1976",
"act_number": "27",
"act_year": 1976,
"act_type": "STATE",
"location": "Gujarat",
"law_status": "valid",
"enactment_date": "1976-06-19",
"description": "The Gujarat Town Planning and Urban Development Act, 1976",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "An ACT",
"chapter": null,
"content": "GUJARAT ACT NO. 27 OF 1976\nEnacted by the President in the Twenty-seventh Year of the Republic of India.\nAN ACT\nto consolidate and amend the law relating to the making and execution of development plans and town planning schemes in the State of Gujarat.\nIn exercise of the powers conferred by section 3 of the Gujarat State Legislature (Delegation of Powers) Act, 1976, the President is pleased to enact as follows:-",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "CHAPTER I - PRELIMINARY",
"chapter": "CHAPTER I",
"content": "CHAPTER I\nPRELIMINARY",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "1",
"title": "Section 1(1)",
"chapter": null,
"content": "1. (1) This Act may be called the Gujarat Town Planning and Urban Development Act, 1976.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "1",
"title": "Section 1(2)",
"chapter": null,
"content": "(2) It extends to the whole of the State of Gujarat.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "1",
"title": "Section 1(3)",
"chapter": null,
"content": "(3) It shall come into force on such date as the State Government may, by notification, appoint.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "2",
"title": "Section 2",
"chapter": null,
"content": "2. In this Act, unless the context otherwise requires,-",
"footnote": "",
"is_definition": true,
"sort_order": 50
},
{
"number": "2",
"title": "Section 2(i)",
"chapter": null,
"content": "(i) \"agriculture\" includes-\n(a) horticulture;\n(b) farming;\n(c) raising of crops, fruits, vegetables, grass, fodder, trees or any other kind of cultivation;\n(d) breeding and keeping of live-stock, including horses, donkeys, mules pigs, fish, poultry and bees; and\n(e) the use of land for any purpose which is ancillary to its cultivation or to any other agricultural purpose,\nbut does not include the use of land as a garden which is an appendage to a building, and the expression \"agricultural\" shall be construed accordingly;",
"footnote": "",
"is_definition": true,
"sort_order": 60
},
{
"number": "2",
"title": "Section 2(ii)",
"chapter": null,
"content": "(ii) \"amenity\" includes roads, streets, open spaces, parks, playgrounds, recreational grounds, water and electric supply, street lighting, sewerage, drainage, public works and other utility services and conveniences.",
"footnote": "",
"is_definition": true,
"sort_order": 70
},
{
"number": "2",
"title": "Section 2(iii)",
"chapter": null,
"content": "(iii) \"appropriate authority\", in relation to a development area, means an area development authority or an urban development authority, as the case may be;",
"footnote": "",
"is_definition": true,
"sort_order": 80
},
{
"number": "2",
"title": "Section 2(iv)",
"chapter": null,
"content": "(iv) \"area development authority\" means an area development authority constituted under section 5;",
"footnote": "",
"is_definition": true,
"sort_order": 90
},
{
"number": "2",
"title": "Section 2(v)",
"chapter": null,
"content": "(v) \"authorised officer\" means an officer appointed by the State Government under sub-section (2) of section 9;",
"footnote": "",
"is_definition": true,
"sort_order": 100
},
{
"number": "2",
"title": "Section 2(vi)",
"chapter": null,
"content": "(vi) \"building operations\" includes, -\n(a) erection or re-erection of a building or any part thereof;\n(b) roofing or re-roofing of a building or any part of a building of any open space;\n(c) any material alteration of a building as is likely to affect the alteration of its drainage or sanitary arrangement or to materially affect its security, or the construction of a door opening on any street or land not belonging to the owner;",
"footnote": "",
"is_definition": true,
"sort_order": 110
},
{
"number": "2",
"title": "Section 2(vii)",
"chapter": null,
"content": "(vii) \"Chief Town Planner\" means the officer appointed as Chief Town Planner to the Government of Gujarat;",
"footnote": "",
"is_definition": true,
"sort_order": 120
},
{
"number": "2",
"title": "Section 2(viii)",
"chapter": null,
"content": "(viii) \"development\", with all its grammatical variations and cognate expressions, means the carrying out of any building, engineering, mining, or other operations in, or over, or under land or the making of any material change in any building or land or in the use of any building or land, and includes layout and sub-division of any land;",
"footnote": "",
"is_definition": true,
"sort_order": 130
},
{
"number": "2",
"title": "Section 2(ix)",
"chapter": null,
"content": "(ix) \"development area\" means an area declared to be a development area under section 3 or, as the case may be, an urban development area under section 22;",
"footnote": "",
"is_definition": true,
"sort_order": 140
},
{
"number": "2",
"title": "Section 2(x)",
"chapter": null,
"content": "(x) \"development plan\" means a plan for the development or re-development or improvement of a development area;",
"footnote": "",
"is_definition": true,
"sort_order": 150
},
{
"number": "2",
"title": "Section 2(xi)",
"chapter": null,
"content": "(xi) \"engineering, operations\" includes the formation or laying out of a street or of means of access to a road or the laying out of means of water supply, drainage, sewerage, supply of electricity or gas, or of any other pubilc utility service;",
"footnote": "",
"is_definition": true,
"sort_order": 160
},
{
"number": "2",
"title": "Section 2(xii)",
"chapter": null,
"content": "(xii) \"final plot\" means a plot reconstituted from an original plot and allotted in a town planning scheme as a final plot;",
"footnote": "",
"is_definition": true,
"sort_order": 170
},
{
"number": "2",
"title": "Section 2(xiii)",
"chapter": null,
"content": "(xiii) \"land\" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;",
"footnote": "",
"is_definition": true,
"sort_order": 180
},
{
"number": "2",
"title": "Section 2(xiv)",
"chapter": null,
"content": "(xiv) \"local authority\" means a municipal corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949, as in force in the State of Gujarat, a municipality constituted or deemed to be constituted under the Gujarat Municipalities Act, 1963, a committee appointed for a notified area under the Gujarat Municipalities Act, 1963 or a gram or nagar panchayat constituted or deemed to be constituted under the Gujarat Panchayats Act, 1961;",
"footnote": "Rom. LIX of 1949; Guj. XXXIV of 1964; Guj. VI of 1962",
"is_definition": true,
"sort_order": 190
},
{
"number": "2",
"title": "Section 2(xv)",
"chapter": null,
"content": "(xv) \"notification\" means a notification published in the Official Gazette;",
"footnote": "",
"is_definition": true,
"sort_order": 200
},
{
"number": "2",
"title": "Section 2(xvi)",
"chapter": null,
"content": "(xvi) \"occupier\" includes,--\n(a) any person who for the time being is paying or is liable to pay to the owner the rent of the land or building in respect of which such rent is paid or is payable;\n(b) an owner living in or otherwise using his land or building;\n(c) a rent free tenant;\n(d) a licensee in occupation of any land or building;\n(e) any person who is liable to pay to the owner damages or compensation for the use and occupation of any land or building;",
"footnote": "",
"is_definition": true,
"sort_order": 210
},
{
"number": "2",
"title": "Section 2(xvii)",
"chapter": null,
"content": "(xvii) \"operational construction\" means any construction whether temporary or permanent, which is necessary for the operation, maintenance, development or execution of any of the following services, namely:-\n(a) railways;\n(b) national highways;\n(c) national waterways;\n(d) major ports;\n(e) airways and aerodromes;\n(f) posts and telegraphs, telephones, wireless, broadcasting and other like forms of communication;\n(g) regional grid for electricity;\n(h) any other service which the State Government may, if it is of opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notification, declare to be a service for the purposes of this clause.",
"footnote": "",
"is_definition": true,
"sort_order": 220
},
{
"number": "2",
"title": "Explanation to Section 2(xvii)",
"chapter": null,
"content": "Explanation. For the removal of doubts, it is hereby declared that the construction of\n(i) new residential buildings (other than gate lodges, quarters for limited essential operational staff and the like), roads and drains in railway colonies, hotels, clubs, institutes and schools, in the case of railways; and\n(ii) a new building, new structure or new installation or any extension thereof, in the case of any other service,\nshall not be deemed to be construction within the meaning of this clause;",
"footnote": "",
"is_definition": false,
"sort_order": 230
},
{
"number": "2",
"title": "Section 2(xviii)",
"chapter": null,
"content": "(xviii) \"owner\", in relation to any property, includes any person who is, for the time being, receiving or entitled to receive, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as an agent, trustee, guardian, manager or receiver for any other person or for any religious or charitable institution, the rents or profits of the property; and also includes a mortgagee in possession thereof;",
"footnote": "",
"is_definition": true,
"sort_order": 240
},
{
"number": "2",
"title": "Section 2(xix)",
"chapter": null,
"content": "(xix) \"plot\" means a portion of land held in one ownership and numbered and shown as one plot in a town planning scheme;",
"footnote": "",
"is_definition": true,
"sort_order": 250
},
{
"number": "2",
"title": "Section 2(xx)",
"chapter": null,
"content": "(xx) \"preliminary scheme\" means a preliminary scheme relating to a town planning scheme prepared by the Town Planning Officer under section 51;",
"footnote": "",
"is_definition": true,
"sort_order": 260
},
{
"number": "2",
"title": "Section 2(xxi)",
"chapter": null,
"content": "(xxi) \"prescribed\" means prescribed by rules made under this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 270
},
{
"number": "2",
"title": "Section 2(xxii)",
"chapter": null,
"content": "(xxii) \"reconstituted plot\" means a plot which is in any way altered by the making of a town planning scheme;",
"footnote": "",
"is_definition": true,
"sort_order": 280
},
{
"number": "2",
"title": "Explanation to Section 2(xxii)",
"chapter": null,
"content": "Explanation.--For the purposes of this clause \"altered\" includes the alteration of ownership of a plot;",
"footnote": "",
"is_definition": false,
"sort_order": 290
},
{
"number": "2",
"title": "Section 2(xxiii)",
"chapter": null,
"content": "(xxiii) \"regulation\" means a regulation made under section 119 and includes zoning and other regulations made as part of a development plan or town planning scheme;",
"footnote": "",
"is_definition": true,
"sort_order": 300
},
{
"number": "2",
"title": "Section 2(xxiv)",
"chapter": null,
"content": "(xxiv) \"residence\" includes the use for human habitation of any land or building or part thereof, the use of gardens, grounds, garages, stables and out-houses, if any, appertaining to such land or building, and the expression \"residential\" shall be construed accordingly;",
"footnote": "",
"is_definition": true,
"sort_order": 310
},
{
"number": "2",
"title": "Section 2(xxv)",
"chapter": null,
"content": "(xxv) \"rule\" means a rule made under section 118;",
"footnote": "",
"is_definition": true,
"sort_order": 320
},
{
"number": "2",
"title": "Section 2(xxvi)",
"chapter": null,
"content": "(xxvi) \"scheme\" means a town planning scheme prepared under this Act, and includes a plan or plans, together with the descriptive matter, if any, relating to such scheme;",
"footnote": "",
"is_definition": true,
"sort_order": 330
},
{
"number": "2",
"title": "Section 2(xxvii)",
"chapter": null,
"content": "(xxvii) \"Town Planning Officer\" means Town Planning Officer appointed under section 50;",
"footnote": "",
"is_definition": true,
"sort_order": 340
},
{
"number": "2",
"title": "Section 2(xxviii)",
"chapter": null,
"content": "(xxviii) \"urban development authority\" means an urban development authority constituted under section 22;",
"footnote": "",
"is_definition": true,
"sort_order": 350
},
{
"number": "2",
"title": "Section 2(xxix)",
"chapter": null,
"content": "(xxix) \"urban development area\" means an area declared to be an urban development area under section 22.",
"footnote": "",
"is_definition": true,
"sort_order": 360
},
{
"number": "38",
"title": "CHAPTER II - DEVELOPMENT AREA AND CONSTITUTION OF AREA DEVELOPMENT AUTHORITIES",
"chapter": "CHAPTER II",
"content": "CHAPTER II\nDEVELOPMENT AREA AND CONSTITUTION OF AREA DEVELOPMENT AUTHORITIES",
"footnote": "",
"is_definition": false,
"sort_order": 370
},
{
"number": "3",
"title": "Section 3(1)",
"chapter": null,
"content": "3. (1) The State Government may, for the purpose of securing planned development of areas within the State, declare, by notification, and in such other manner as may be prescribed, any area in the State to be a development area.",
"footnote": "",
"is_definition": false,
"sort_order": 380
},
{
"number": "3",
"title": "Section 3(2)",
"chapter": null,
"content": "(2) Every notification issued under sub-section (1) shall define the limits of the area to which it relates.",
"footnote": "",
"is_definition": false,
"sort_order": 390
},
{
"number": "3",
"title": "Section 3(3)",
"chapter": null,
"content": "(3) The State Government may, by notification, amalgamate two or more development areas into one development area, sub-divide any development area into different development areas and include such sub-divided areas in any other development area.",
"footnote": "",
"is_definition": false,
"sort_order": 400
},
{
"number": "4",
"title": "Section 4(1)",
"chapter": null,
"content": "4. (1) The State Government may, by notification, withdraw from the operation of the relevant provisions of this Act, the whole or part of any development area declared under section 3.",
"footnote": "",
"is_definition": false,
"sort_order": 410
},
{
"number": "4",
"title": "Section 4(2)",
"chapter": null,
"content": "(2) Where any notification is issued under sub-section (1) in respect of any development area or part thereof--",
"footnote": "",
"is_definition": false,
"sort_order": 420
},
{
"number": "4",
"title": "Section 4(2)(a)",
"chapter": null,
"content": "(a) the relevant provisions of this Act and all notifications, rules, regulations, orders, directions and powers issued, made or conferred thereunder shall cease to apply to the said area or, as the case may be, part thereof;",
"footnote": "",
"is_definition": false,
"sort_order": 430
},
{
"number": "4",
"title": "Section 4(2)(b)",
"chapter": null,
"content": "(b) the State Government shall, after consultation with the area development authority or authorities concerned, frame a scheme determining the portion of the balance of the fund of the area development authority or authorities which shall vest in the State Government and the local authority or authorities concerned and in what manner the properties and liabilities of the area development authority or authorities shall be apportioned between the State Government and the local authority or authorities concerned and on the scheme being notified, the fund, properties and liabilities of the area development authority or authorities, shall vest and be apportioned accordingly.",
"footnote": "",
"is_definition": false,
"sort_order": 440
},
{
"number": "5",
"title": "Section 5(1)",
"chapter": null,
"content": "5. (1) As soon as may be after the declaration of a development area under section 3, the State Government shall, by notification, constitute an authority for such area to be called the Area Development Authority of that development area, for the purpose of carrying out the functions assigned to an area development authority under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 450
},
{
"number": "5",
"title": "Section 5(2)",
"chapter": null,
"content": "(2) Every area development authority constituted under sub-section (1) shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and by the said name sue and be sued.",
"footnote": "",
"is_definition": false,
"sort_order": 460
},
{
"number": "5",
"title": "Section 5(3)",
"chapter": null,
"content": "(3) An Area Development Authority shall consist of the following members, namely:-",
"footnote": "",
"is_definition": false,
"sort_order": 470
},
{
"number": "5",
"title": "Section 5(3)(i)",
"chapter": null,
"content": "(i) a Chairman to be appointed by the State Government;",
"footnote": "",
"is_definition": false,
"sort_order": 480
},
{
"number": "5",
"title": "Section 5(3)(ii)",
"chapter": null,
"content": "(ii) the Chief Town Planner or his representative, ex-officio;",
"footnote": "",
"is_definition": false,
"sort_order": 490
},
{
"number": "5",
"title": "Section 5(3)(iii)",
"chapter": null,
"content": "(iii) representatives of the local authorities functioning in the development area to be nominated by them in the following manner, namely:-",
"footnote": "",
"is_definition": false,
"sort_order": 500
},
{
"number": "5",
"title": "Section 5(3)(iii)(a)",
"chapter": null,
"content": "(a) in the case of development area having only one local authority functioning in that area, a representative nominated by that local authority and the Chief Executive Officer of that local authority;",
"footnote": "",
"is_definition": false,
"sort_order": 510
},
{
"number": "5",
"title": "Section 5(3)(iii)(b)",
"chapter": null,
"content": "(b) in the case of a development area having two or more local authorities functioning in that area, representatives of such local authorities and such number of representatives from each such authority as the State Government may consider necessary to be represented on the Area Development Authority, to be nominated by such local authorities:",
"footnote": "",
"is_definition": false,
"sort_order": 520
},
{
"number": "5",
"title": "Proviso to Section 5(3)(iii)(b)",
"chapter": null,
"content": "Provided that the total number of such representatives shall not exceed four;",
"footnote": "",
"is_definition": false,
"sort_order": 530
},
{
"number": "5",
"title": "Section 5(3)(iv)",
"chapter": null,
"content": "(iv) two officials of the State Government, to be nominated by that Government, ex-officio;",
"footnote": "",
"is_definition": false,
"sort_order": 540
},
{
"number": "5",
"title": "Section 5(3)(v)",
"chapter": null,
"content": "(v) a non-official who possesses special knowledge or practical experience in town planning, to be appointed by the State Government;",
"footnote": "",
"is_definition": false,
"sort_order": 550
},
{
"number": "5",
"title": "Section 5(3)(vi)",
"chapter": null,
"content": "(vi) a member secretary to be appointed by the State Government who shall also be designated as the Chief Executive Authority of the Area, Development Authority.",
"footnote": "",
"is_definition": false,
"sort_order": 560
},
{
"number": "5",
"title": "Section 5(4)",
"chapter": null,
"content": "(4) The State Government may, if it thinks fit, appoint one of the members as the Vice-Chairman of the Area Development Authority.",
"footnote": "",
"is_definition": false,
"sort_order": 570
},
{
"number": "5",
"title": "Section 5(5)",
"chapter": null,
"content": "(5) The term of office and conditions of service of the members of an area development authority other than ex-officio members shall be such as may be prescribed and the members shall be entitled to receive such remuneration or allowances or both as the State Government may by order determine.",
"footnote": "",
"is_definition": false,
"sort_order": 580
},
{
"number": "5",
"title": "Section 5(6)(a)",
"chapter": null,
"content": "(6) (a) If the State Government is of opinion that any member of an area development authority is guilty of misconduct in the discharge of his duties or is incompetent or has become incapable of performing his duties as such member, or should for any other good and sufficient reasons, be removed, the State Government may, after giving him an opportunity to be heard, remove him from office,",
"footnote": "",
"is_definition": false,
"sort_order": 590
},
{
"number": "5",
"title": "Section 5(6)(b)",
"chapter": null,
"content": "(b) Any member of the area development authority other than an ex-officio member may at any time resign his office by writing under his hand addressed to the State Government and upon the acceptance thereof, the office of such member shall become vacant.",
"footnote": "",
"is_definition": false,
"sort_order": 600
},
{
"number": "5",
"title": "Section 5(7)",
"chapter": null,
"content": "(7) In the event of a vacancy occurring in the office of any member of an area development authority, the vacancy shall be filled by the State Government as soon as possible after the vacancy has occurred by nomination or appointment, as the case-may be, and the person so nominated or appointed shall hold office for so long as the member in whose place he is nominated or appointed would have held office, if the vacancy had not occurred.",
"footnote": "",
"is_definition": false,
"sort_order": 610
},
{
"number": "5",
"title": "Section 5(8)(i)",
"chapter": null,
"content": "(8) (i) An area development authority shall meet at such time and place as the Chairman may determine and may, subject to the provisions of this sub-section, make regulations for regulating the procedure and conduct of its business at its meetings.",
"footnote": "",
"is_definition": false,
"sort_order": 620
},
{
"number": "5",
"title": "Section 5(8)(ii)",
"chapter": null,
"content": "(ii) The Chairman, and in his absence, any other member chosen by the members present from amongst themselves shall preside at a meeting of the area development authority.",
"footnote": "",
"is_definition": false,
"sort_order": 630
},
{
"number": "5",
"title": "Section 5(8)(iii)",
"chapter": null,
"content": "(iii) All questions at a meeting of the area development authority shall be decided by a majority of votes of the members present and voting and in the case of equality of votes, the person presiding shall have a casting vote.",
"footnote": "",
"is_definition": false,
"sort_order": 640
},
{
"number": "5",
"title": "Section 5(9)(i)",
"chapter": null,
"content": "(9) (i) An area development authority may, with the previous sanction of the State Government, associate with itself or consult such persons whose assistance or advice it may desire for the purpose of performing any of its functions under this Act and such persons may be paid by the area development authority such remuneration or fees as may be sanctioned by the State Government.",
"footnote": "",
"is_definition": false,
"sort_order": 650
},
{
"number": "5",
"title": "Section 5(9)(ii)",
"chapter": null,
"content": "(ii) The person so assisting or advising the area development authority may take part in the meetings of the authority relevant to the purpose for which he is associated or consulted but shall not have the right to vote at a meeting or take part in the meeting of the authority relating to matters concerned with any other purpose.",
"footnote": "",
"is_definition": false,
"sort_order": 660
},
{
"number": "5",
"title": "Section 5(10)",
"chapter": null,
"content": "(10) Subject to the provisions of section 104, an area development authority may appoint such officers and other employees as it considers necessary for the efficient performance of its functions under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 670
},
{
"number": "5",
"title": "Section 5(11)",
"chapter": null,
"content": "(11) The officers and employees appointed under sub-section (10) shall be entitled to receive such salaries or allowances and shall be governed by such terms and conditions of service, as may be determined by the State Government.",
"footnote": "",
"is_definition": false,
"sort_order": 680
},
{
"number": "5",
"title": "Section 5(12)",
"chapter": null,
"content": "(12) The member Secretary of the area development authority and the officers and employees of that authority shall work under the supervision and control of its Chairman.",
"footnote": "",
"is_definition": false,
"sort_order": 690
},
{
"number": "6",
"title": "Section 6(1)",
"chapter": null,
"content": "6. (1) The State Government may, instead of constituting an Area Development Authority for a development area, designate any local authority functioning in a development area or part thereof, as the Area Development Authority for that development area.",
"footnote": "",
"is_definition": false,
"sort_order": 700
},
{
"number": "6",
"title": "Section 6(2)",
"chapter": null,
"content": "(2) The local authority designated under sub-section (1) as the Area Development Authority shall, for the purposes of performing the functions assigned to an area development authority under this Act, set up a Planning Committee consisting of the following members, namely:-\n(i) six members of the local authority appointed by it out of whom one shall be designated as the Chairman;\n(ii) the Chief Town Planner or his representative to be nominated by the State Government.",
"footnote": "",
"is_definition": false,
"sort_order": 710
},
{
"number": "6",
"title": "Section 6(3)",
"chapter": null,
"content": "(3) The Planning Committee set up under sub-section (2) shall have all the powers, responsibilities and status as are given to a Standing Committee, if any, appointed under the Act under which the local authority is constituted.",
"footnote": "",
"is_definition": false,
"sort_order": 720
},
{
"number": "7",
"title": "Section 7(1)",
"chapter": null,
"content": "7. (1) The functions of an area development authority shall be-\n(i) to undertake the preparation of development plans under the provisions of this Act for the development area;\n(ii) to undertake the preparation of town planning schemes under the provisions of this Act, if so directed by the State Government;\n(iii) to carry out surveys in the development area for the preparation of development plans or town planning schemes;\n(iv) to control the development activities in accordance with the development plan in the development area;\n(v) to enter into contracts, agreements or arrangements with any person or organisation as the area development authority may deem necessary for performing its functions.\n(vi) to acquire, hold, manage and dispose of property, movable or immovable, as it may deem necessary;\n(vii) to execute works in connection with supply of water, disposal of sewerage and provision of other services and amenities;\n(viii) to exercise such other powers and perform such other functions as are supplemental, incidental or consequential to any of the foregoing powers and functions or as may be directed by the State Government.",
"footnote": "",
"is_definition": false,
"sort_order": 730
},
{
"number": "7",
"title": "Section 7(2)",
"chapter": null,
"content": "(2) The area development authority may, with the approval of the State Government, delegate any of its functions to the local authority or authorities within its jurisdiction.",
"footnote": "",
"is_definition": false,
"sort_order": 740
},
{
"number": "7",
"title": "Section 7(3)",
"chapter": null,
"content": "(3) The area development authority shall have its office at such place as the State Government may specify in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 750
},
{
"number": "8",
"title": "Section 8(1)",
"chapter": null,
"content": "8. (1) The State Government shall, by an order in writing, determine the amount which a local authority or authorities functioning in the development area shall pay as contribution, either in one lump sum or in such instalments as may be specified in the order, towards the expenses incurred by an area development authority in the discharge of its functions.",
"footnote": "",
"is_definition": false,
"sort_order": 760
},
{
"number": "8",
"title": "Section 8(2)",
"chapter": null,
"content": "(2) The local authority shall, not later than thirty days of the receipt of the order under sub-section (1), pay to the area development authority concerned the amount of contribution specified in the order in the manner indicated therein and if the local authority fails to so pay such amount, the State Government may, on receipt of necessary intimation from the area development authority, recover it from the local authority as arrears of land revenue and pay it to the area development authority.",
"footnote": "",
"is_definition": false,
"sort_order": 770
},
{
"number": "9",
"title": "Section 9(1)",
"chapter": null,
"content": "9. (1) As soon as may be after the constitution of an area development authority for any development area under section 5, the area development authority shall, not later than three years after the declaration of such area as a development area or within such time as the State Government may, from time to time, extend, prepare and submit to the State Government a draft development plan for the whole or any part of the development area in accordance with the provisions of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 780
},
{
"number": "9",
"title": "Section 9(2)",
"chapter": null,
"content": "(2) If a draft development plan is not prepared and submitted to the State Government by any area development authority within the period specified in sub-section (1) or within the period extended under that sub-section, an officer appointed by the State Government in this behalf may prepare and submit to the State Government in the prescribed manner a draft development plan and recover the cost thereof from such area development authority out of its funds.",
"footnote": "",
"is_definition": false,
"sort_order": 790
},
{
"number": "10",
"title": "Section 10",
"chapter": null,
"content": "10. A copy of the draft development plan as prepared under section 9 in respect of any area shall be kept open for inspection by the public during office hours at the head office of the area development authority, or as the case may be, at the office of the authorised officer.",
"footnote": "",
"is_definition": false,
"sort_order": 800
},
{
"number": "11",
"title": "Section 11",
"chapter": null,
"content": "11. The draft development plan shall be on a scale not lower than eighty metres to a centimetre and shall show in distinguishing prescribed colours the area or sites and the uses to which they are proposed to be put.",
"footnote": "",
"is_definition": false,
"sort_order": 810
},
{
"number": "12",
"title": "Section 12(1)",
"chapter": null,
"content": "12. (1) A draft development plan shall generally indicate the manner in which the use of land in the area covered by it shall be regulated and also indicate the manner in which the development therein shall be carried out.",
"footnote": "",
"is_definition": false,
"sort_order": 820
},
{
"number": "12",
"title": "Section 12(2)",
"chapter": null,
"content": "(2) In particular, it shall provide, so far as may be necessary, for all or any of the following matters, namely:-\r\n(a) proposals for designating the use of the land for residential, industrial, commercial, agricultural and recreational purposes;",
"footnote": "",
"is_definition": false,
"sort_order": 830
}
],
"metadata": {
"Act ID": "197627",
"Act Number": "27",
"Enactment Date": "1976-06-19",
"Act Year": "1976",
"Short Title": "The Gujarat Town Planning and Urban Development Act, 1976",
"Department": "Legal Department, Government of Gujarat",
"Type": "STATE",
"Location": "Gujarat"
},
"updated_at": "2026-09-29 21:52:50"
}