The Gujarat Regularisation of Unauthorised Development Act, 2001

{
    "id": 16845,
    "slug": "the-gujarat-regularisation-of-unauthorised-development-act-2001",
    "title": "The Gujarat Regularisation of Unauthorised Development Act, 2001",
    "short_title": "The Gujarat Regularisation of Unauthorised Development Act, 2001",
    "act_number": "Gujarat Act No. 23 of 2001",
    "act_year": 2001,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Gujarat Regularisation of Unauthorised Development Act, 2001",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"area development authority\" means the authority constituted under section 5 of the Gujarat Town Planning and Urban Development Act, 1976 (President's Act No. 27 of 1976) (hereinafter in this section referred to as \"the Gujarat Act\"):\n(b) \"Commissioner\" shall have the meaning assigned to it in clause (9) of section 2 of the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949) (hereinafter in this section referred to as \"the Bombay Act\");\n(c) \"designated authority\" means the Commissioner, the area development authority or, as the case may be, urban development authority;\n(d) \"development\" shall have the meaning assigned to it in clause (viii) of section 2 of the Gujarat Act;\n(e) \"development area\" shall have the meaning assigned to it in clause (ix) of section 2 of the Gujarat Act;\n(f) \"prescribed\" means prescribed by rules made under section 9;\n(g) \"the relevant law\" means the Bombay Act or the Gujarat Act or any rules or by-laws, regulations, standing orders or orders made thereunder.\n(h) \"urban development authority\" shall have the meaning assigned to it in clause (xxviii) of section 2 of the Gujarat Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Regularisation of unauthorised development.",
            "chapter": null,
            "content": "(b) any order issued or decision taken under the relevant law at any time before the 28th April, 2001, the date on which the Gujarat Regularisation of Unauthorised Development Ordinance, 2001 (Gujarat Ordinance 3 of 2001), was first published, directing removal or pulling down or alteration of unauthorised development carried out, owned or occupied by a person.\n(i) in the case of (a) be deemed to have stood suspended with effect on and from the 22nd November, 2000, and\n(ii) in the case of (b) be deemed to have stood suspended with effect on and from the 28th April, 2001.\nunless and until such notice, order or decision stands revived under subsection (5).\n(i) a person has, at any time before the 22nd November, 2000 carried out any unauthorised development in urban development area or development area, and\n(ii) such unauthorised development may, having regard to the provisions of section 4, be regularised.\n[(aa) Where an unauthorised development in urban development area or development area has been carried out at any time before the 22nd November, 2000 and the development has been wholly destroyed by the earthquake or rendered substantially and permanently unfit for the purpose of occupation due to the earthquake in the month of January, 2001 and the owner or occupier of such development intends to carry out development at the same place and with the same built up area as existed prior to such destruction, the designated authority may, notwithstanding anything contained in the relevant law but having regard to the provisions of section 4, by an order allow him to carry out such unauthorised development subject to such terms and conditions as may be prescribed and may regularise the same in accordance with the provisions of this Act, as if such unauthorised development had been carried out before the 22nd November, 2000.\n(b) It shall be lawful for the designated authority to form the opinion referred in clause (a) either on the basis of information available with it or an application made to it by a person who has carried out or who owns or occupies the unauthorised development.\n(c) The designated authority, shall, as soon as may be, after service of notice to a person under clause (a), cause the substance thereof to be published for the information of the public, in such manner as may be prescribed.\n(b) (i) The designated authority shall, before receiving the fees and issuing of the certificate under clause (a), consult a committee of experts consisting of three persons, who have knowledge of and experience in structural engineering, fire fighting and town planning respectively, constituted by the designated authority, on the question as to whether the person has, while complying the requisitions complied with the fire safety measures and structural stability requirements as per the National Building Code and the Indian Standard Specifications for the time being in force and it shall be the duty of the committee to advise the designated authority on the question so referred.\n(ii) The Committee shall follow such procedure for disposal of its business as may be determined by the designated authority.\n[3A. Application of sections 3 and 4 in certain circumstances.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Circumstances in which unauthorised development may or may not be regularised.",
            "chapter": null,
            "content": "(i) land belonging to Government, local authority or statutory body or land in respect of which a dispute exists in relation to its title or tenure,\n(ii) land allotted by the Government, local authority or statutory body for a specific purpose,\n(iii) land under alignment of roads indicated in development plan or a town planning scheme or under alignment of a public road or an internal road, of approved lay out,\n(iv) land designated or reserved under a development plan or a town planning scheme,\n(v) water courses and water bodies like tank beds, river beds, natural drainage and such other places,\n(vi) areas earmarked for the purpose of obnoxious and hazardous industrial development.\n(a) any law other than the Bombay Provincial Municipal Corporations Act, 1949 (Bombay L1X of 1949), and the Gujarat Town Planning and Urban Development Act, 1976 President's Act NO. 27 of 1976), and any rules, bye-laws, regulations, standing orders or orders made thereunder (hereinafter in clause (b) referred to as \"the relevant laws\") for the time being in force relating to control or regulation of development,\n(b) fire safety measures under the relevant law, and\n(c) structural stability requirements as per the National Building Code and the Indian Standard Specifications (prescribed by the Bureau of Indian Standards) for the time being in force:\n(i) Margins and setbacks,\n(ii) Floor space index,\n(iii) Covered projection,\n(iv) Change of use,\n(v) A common plot and a consolidated open plot,\n(vi) Height of a building\n(b) The designated authority may regularise any unauthorised development in so far as parking and sanitary facilities are connected subject to the following conditions, namely:-\n(i) A person shall provide such necessary parking facilities in unauthorised development and where it is not so feasible, within such distance not exceeding five hundred metres from the unauthorised development as directed by the designated authority within a period of six months from such direction:\n(ii) A person shall provide such necessary sanitary facilities in unauthorised development as directed by the designated authority within a period of three months from such direction.\n(a) In the case of buildings with 100 per cent, built-up area with no space for water storage tank and installation of fire pumps and no provision of alternate means of escape or no provision for fixed fire-fighting installations, the designated authority may, in consultation with the Chief Fire Officer of the municipal corporation, direct the person to provide such fire safety measures as may be specified in the direction within a period of three months from the date of such direction.\n(b) In the case of buildings where no space is available within the complex in which they are situated for the construction of underground water storage tanks and installation of fire pumps but adequate means of escapes are available, the designated authority may direct the person to provide common underground water storage tank and fire pumps in such complex at suitable location within a period of three months from the date of direction.\n(c) In the case of high-rise buildings having the height of fifteen metres or exceeding fifteen metres, the designated authority may permit a person to install diesel-generating set instead of electric supply to the main fire pump within a period of three months.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Appeal.",
            "chapter": null,
            "content": "(ii) the owner or occupier aggrieved by an order made under clause (aa) of sub-section (2) of section 3, may, within sixty days from the date of the order, prefer an appeal to an Appellate Officer, who shall be a person who has held the office of District Judge for a period not less than three years and appointed in this behalf by the State Government for each City or development area:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Constitution of Infrastructure Development Fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Protection of action taken under the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Removal of doubt.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Power to make rules.",
            "chapter": null,
            "content": "(a) the period within which and the manner in which a notice shall be served under sub-section (2) of section 3 and the manner of publication of substance of notice under clause (c) of that sub-section;\n[(aa) the rates of fees under sub-section (2) of section 3;]\n(b) the form in which a certificate shall be issued under sub-section (3) of section 3;\n(c) the period within which a certificate shall be obtained under sub-section (3) of section 3;\n[(cc) the terms and conditions subject to which unauthorised development may be allowed to carry out and regularised under clause (aa) of sub-section (2) of Section 3.]\n(d) any other matter, which is to be or may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Repeal and savings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        }
    ],
    "metadata": {
        "Act ID": "guj171",
        "Act Number": "Gujarat Act No. 23 of 2001",
        "Enactment Date": "",
        "Act Year": "2001",
        "Short Title": "The Gujarat Regularisation of Unauthorised Development Act, 2001",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}