WHEREAS draft notification regarding the
Gujarat Town Planning and Urban Development Rules, 1938 was published as
required by sub-section (1) of section 118 of the Gujarat Town Planning and
Urban Development Act, 1976 (President's Act No. 27 of 1976), at pages 999-1058
of the Government of Gujarat Gazette, Extra-ordinary Part IV-B, dated the 21st
December, 1978 under Government Notification, Panchayats, Housing and Urban
Development Department No GH/P/205/UDA/1277/2401/Q2, dated the 20th December,
1978 inviting objections and suggestions from all persons likely to be affected
thereby, till the 19th January, 1979; AND WHEREAS the objections and suggestions
received from the public on the said draft have been considered by the
Government; NOW, THEREFORE; in exercise of the powers
conferred by section 118 of the Gujarat Town Planning and Urban Development
Act, 1976 (President's Act No. 27 of 1976), the Government of Gujarat hereby
makes the following rules, namely:- These rules may be called the Gujarat Town
Planning and Urban Development Rules, 1979[1]. (1)
in
these rules, unless the context otherwise requires, (a)
"Act"
means the Gujarat Town Planning and Urban Development Act, 1976 (b)
"section"
means section of the Act. (2)
Words
and expressions used but not defined in these rules shall have the meanings
assigned to them in the Act. The
authorised officer shall prepare and submit the draft development plan after
carrying out the survey of the area within the jurisdiction of the area
development authority. For the purpose of carrying out survey of the area and
preparation of the draft development plan the authorised officer shall after
giving 24 hour's notice in writing to the owner, occupier or other person
interested in the land unless such owner or occupier has given consent to such
entry enter upon, survey, mark out such land and do all things necessary for
such purposes and then proceed to prepare development plan in the manner
provided in sections 10, 11 and 12. After the development plan is prepared the
said Officer shall submit the same to the State Government through the Chief
Town Planner along with the particulars referred to in sub-section (2) of
section 13. The distinguishing
colours to be used in draft plan under section 11 shall be as under. Sr. No Land use Graphic symbol Colour symbol. 1 2 3 4 1. Vacant land (Partly built but
occupied). White. 2. Residential use. Yellow. 3. Commercial use. Blue. 4. Industrial use. Violet. 5. Agricultural use. Bluish Green. 6. Recreational use. Green. 7. Public purpose. Red. 8. Transport and communications. Grey. 9. Public utilities. Brown. 10. Reservation of land. White with Orange Verge. 11. Water body. Light Blue. (1)
the area development authority or as the case may be the authorised
officer shall, as soon as may be after a draft development plan is prepared and
submitted to the State Government under section 9, cause the development plan
also published by means of a notice in the Official Gazette, and in one or more
Gujarati newspapers circulating within the area declared as development areas,
Such notice shall as far as may be in From A. Copies of notice shall also be
posted at the head office of the area development authority or as the case may
be at the prominent place in the development area, as deem fit by the
authorised officer and at other prominent places in the area declared as
development area. (2)
Every notice published under sub-rule (1) shall be in pursuance of
the provisions of section 13 announce that if within two months from the date
of publication of notice in the matter in the Official Gazette any member of
the public communicates in writing to the area development authority or as the
case may be to the authorised officer, his objections or suggestions with respect
to the development plan, the development authority or as the case may be the
authorised officer shall consider such objections or suggestions and may modify
such plan as it/he thinks fit. (1)
If the modifications made by an area development authority or as
the case may be by the authorised officer in the draft development plan are of
an extensive or a substantial nature, the said authority or as the case may be
the authorised officer shall publish the modification in the Official Gazette.
These modifications shall also be published by a notice which shall, as for as
may be, be in Form B in one or more Gujarati newspapers circulating in the area
covered by the draft development plan. The notice shall announce that if any
objections or suggestions in respect of these modifications are received from
the public within two months from the date of publication of the modifications
in the Official Gazette, they shall be considered by the area development
authority or as the case may be by the authorised officer before finally
submitting the development plan to Government for sanction. (2)
On receipt of the draft development plan under section 16, if the
State Government is of the opinion that substantial modifications in the draft
development plan and regulations are necessary, the State Government may
publish the modifications so considered necessary in the Official Gazette. The
State Government shall also, publish these modifications by notice in one or
more newspapers in the regional language circulating in the area covered by,
the draft development plan. The notice shall announce that if any suggestions
or objections in respect of these modifications are received by Government from
the public within two months from the date of publication of the modification
in the Official Gazette, the State Government before according sanction to the
draft development plan and the regulations, shall consider objections and
suggestion so received. (1)
The State Government may sanction the draft development plan and
the regulations submitted to it under section 16 within a period of 12 months
from the date of receipt by the State Government, if no modification is
proposed. (2)
If any modification in the draft development plan or the
regulations submitted to the State Government under section 16 are considered
necessary by the State Government then the State Government may sanction the
draft development plan and the regulations with modifications within a period
of twenty four months from the date of receipt by the State Government. The provision of rules 3 to 7 applicable to
the area development authority shall mutatis mutandis apply to the urban
development authority. An application, for permission for
development shall so far as may be, in Form C. The permission to be granted under sections
29 and 49 shall be in Form D. (1)
for
the purpose of making an inquiry under sub-section (5) of section 29,
sub-section (4) of section 34 and clause (d) of sub-section (1) of section 49
(hereinafter referred to as the aforesaid provisions) the appropriate authority
or as the case may be Authorised officer shall serve a notice in writing upon
the person contravening any of the aforesaid provisions calling upon him, (a)
to
remove pull, down or after the building or other work; (b)
to
stop any development work being carried on by him; (c)
to
discontinue the use of the property or part of the property; (d)
to
restore the land to its original conditions as the case may be. (2)
the
notice under sub-rule (1) shall as far as may be, be in Form E. (3)
The
appropriate development authority if it considers expedient to do so may
appoint a Committee of not less than three of its members to hear such cases. (4)
Any
representation which may be made by or on behalf of the person served with the
notice on the date specified under sub- rule (1) or which may be received on or
before such date shall be considered. Minutes shall be kept of the inquiry so
held and the decision arrived at in the such inquiry shall be reduced to
writing together with reasons for the same. Reasons for the decisions shall be
signed by all persons giving such decision. (1)
The
claim for conpensation under sub-section (2) of section 33 shall be made within
a period of one month from the date on which the permission granted under
section 29 is revoked or modified by the appropriate authority or as the case
may be, by the authorised officer, under sub-section (1) of section 33. The
owner shall file claim of compensation in writing with sufficient documentary
evidence to prove that the expenditure incurred by him in carrying out any
development in accordance with the permission granted has been rendered
abortive by revocation or modifications of such permission. The appropriate
authority shall give the owner reasonable opportunity of being heard before
finally assessing the amount of compensation. (2)
If
the owner does not accept the compensation fixed by the appropriate authority
under sub-section (2) of the section 33 he may give a notice to the appropriate
authority or as the case may be to the authorised officer within fifteen days
from the date of the order by which the compensation is communicated to him
stating that he refuses to accept the compensation. (1)
The
layout plan under sub-section (1) of section 34 shall be submitted in
triplicate on a scale not smaller than 1/500 and shall include therein such of
the following particulars as may be relevant the layout, namely: (i)
sub-divisions
of the plot; (ii)
site
plan showing the existing access to the land included in the layout plan and
the surrounding lands ; (iii)
the
dimensions and area of each of the proposed sub-division; (iv)
widths
of the proposed streets ; (v)
dimensions
and area of open space provided for in the layout plan. (vi)
use
of the plot proposed to be made by him. (2)
The
appropriate authority or the authorised officer to whom the plan under
sub-section (1) of section 34 is submitted may sanction the plan or refuse to
sanction the plan as far as practicable within a period of two months and in
any case not later than six months. The application under sub-section (3) of
section 36 shall contain sufficient reasons substantiated by documentary
evidence as to why the notice under sub-section (1) of the said section 36
should be withdrawn. The documents and plans to be accompanied
with the intimation for carrying out any development work under sub-section (1)
of section 39 shall be as follows: (1)
An
official letter of the Government department addressed to the appropriate
authority or as the case may be to the authorised officer seeking the
permission for carrying out the development work or any operational
construction with full particulars thereof. (2)
Building
plan for the proposed development work to a scale of not less than 1/100. (3)
Plans
showing complete details of the operational construction as defined under
clause (xvii) of section 2 such as detailed alignments, layouts, locations, and
such other matters with measurements. (4)
Statement
indicating the use of land proposed to be made by the Government Departmental
by carrying out the development work. (5)
The
proposal of the draft development plan, final development plan or Town Planning
Scheme affecting the land : Provided that in the case of works proposed
to be undertaken by the local military authority of the Defense Ministry, the
provisions of clauses (2) and (3) shall not apply and such authority shall be
required to submit the layout plan of such works. (1)
The
declaration under sub-section (1) of section 41 shall be published in the
Official Gazette and shall also be published by means of an advertisement in
one or more Gujarati newspapers circulating within the jurisdiction of the
appropriate authority. The appropriate authority shall cause copies of such advertisement
to be posted in the prominent places in or near the area included in the scheme
and at the head office of the appropriate authority. (2)
Every
advertisement published under sub-rule (1) shall contain the resolution of the
appropriate authority in respect of the declaration under section 41 and shall
announce that a copy of the plan of the area proposed to be included in the
town planning scheme and the surrounding land is kept open for inspection of
the public at the head office of the appropriate authority during office hours. For the purpose of making the draft scheme
under section 42 the appropriate authority shall call a meeting or meetings of
the owners of the lands included in a town planning scheme by a public notice
as well as by individual notice to every, owner whose address is known to the
appropriate authority and explain in such meeting the tentative proposals of
the draft scheme for eliciting public opinion and suggestions on the said
proposals. The appropriate authority may take into consideration all such
suggestions as made and objections raised on the proposals for making the draft
scheme under section 42. (1)
The
draft scheme under section 42 shall be published by means of an advertisement
in the Official Gazette and shall also be published in one or more Gujarati
newspapers circulating within the area of the appropriate authority. The
appropriate authority shall also cause copies of such advertisement to be
posted at the head office of the appropriate authority and at other promints
places in or near the area included in the draft scheme. The adverisment shall
state a copy of the scheme is open for public inspection at the head office of
the appropriate authority during office hours. (2)
Every
advertisement published under sub-rule (1) shall announce that if within one
month from the date of publication of the draft scheme in the Official Gazette
any person affected by such scheme communicate in writing to the approriate
authority any objection relating to such scheme, the appropriate authority
shall consider such objections before submitting the draft scheme to State
Government under section 48. [3]["Provided that
the appropriate authority may reduce the period of one month to fifteen days
for inviting objections as provided in the proviso under Sec. 47 of the said
Act in the circumstances of a severe natural calamities such as earthquake,
flood, cyclone, fire or any other such calamity which has resulted in
considerable and widespread destruction in the area included in the draft
scheme." The provision of rule 18 regarding the
publication of the draft scheme by the appropriate authority shall mutatis
mutandis apply to the publication of a draft scheme to be made by an officer
under sub-section (2) of section 42. On the publication of the notification under
sub-section (1) of section 43, the appropriate authority shall make and publish
a draft scheme in the manner provided in rule 18. The draft scheme under section 44 shall
contain the following particulars in addition to the particulars specified in
clauses (a) to (g) of section 44, namely:- (i)
An
index map on a scale not smaller than one cms, to seventy five mts. showing :- (a)
The
area incuded in the scheme and the surroundings within reasonable limit on all
sides of such areas, and (b)
all
existing roads means of communications of every kind. (ii)
A
plan on a scale not smaller than one cms, to twenty five mts, showing the
original post with identification numbers and all existing buildings (iii)
A
plan on a scale not smaller than one cms. to twenty five metres showing both
the original plots and the manner in which it is proposed to alter the
boundaries of the original plots. (iv)
A
plan on a scale not smaller than one cms, to twenty five mts. showing the
boundaries of the the plots as they will appear after the final scheme is
executed. with their numbers and illustrating as far as possible by means of
colours, letters and explanatory notes or in some other convenient manner all
such provisions of the scheme as may properly be illustrated in the plan. (v)
A
redistribution and valuation statement in Form F showing the estimated amount
to be paid to or each of the owners included in the scheme. (vi)
A
copy of the estimates of all works contemplated in the scheme and a statement
of the approximate dates by which the respective works are expected to be
completed, such approximate dates being correct to within six moths and binding
on the approximate authority. (vii)
A
statement in Form G explaining the estimated financial expenditure of the
scheme. (viii)
Regulations
for the control of development within the scheme area. (1)
The
compensation payable under section 45 shall be difference between the value of
the property (inclusive of structures) on the basis of the existing use and
that on the basis of permitted use both values being determined as on the date
of declaration of intension to prepare the scheme. (2)
In
making the valuation on the basis of permitted use, allowance shall be made for
the expenses that may have to be incurred in so converting the existing
structures as to male them suitable for permitted use. (3)
In
case provision is made for continuance of the existing use for a number of
years taking into consideration the future life of the structure the
compensation payable shall be limited to the present value of the standing
structures less value of materials at the end of such period. (4)
The
compensation payable under this rule shall be paid in the same manner as any
other compensation under the Act. (1)
The
Officer appointed to hold an inquiry under section 46 shall while the inquiry
is proceeding, record a minute of the proceedings including the material
averments, made by the parties interested, the material parts of the evidence,
the decision and the reasons for the decision. (2)
Such
inquiry shall be held in public and a notice of the proposed inquiry shall be
given to all the parties concerned fifteen days before the commencement of the
inquiry. [5](1) A person to be appointed as a Town Planning
Officer shall be one who holds or has held a post of Junior Town Planner or a
post higher in rank than that of post in the Town Planning and Valuation
Department. A person to be appoined as a Town Planning Officer by direct
selection shall possess atleast two years experience of the "Town Planning
and Valuation. [6](2) The appointment of Town Planning Officer shall
be made by an order, a copy of which shall be forwarded to the concerned
appropriate authority. The appropriate authority shall immediately affix such
order on the notice board of the office and also at prominent places within the
area of the jurisdiction of the appropriate authority. The appropriate authority shall render all
reasonable assistance to the Town Planning Officer and shall allow him to
examine freely all papers, documents and plan connected with the scheme. (1)
For
the purpose of preparing the preliminary scheme and final scheme the Town
Planning officer shall give notice in Form H of the date on which he will
commence his duties and shall state the in the time, as provided in Rule 37
within which the owner of any property or right which is injuriously affected
by the making of a Town Planning Scheme shall be entitled under section 82 to
make a claim before him. Such notice shall be published under the Official
Gazette and in one or more Gujarati newspapers circulating within the area of the
appropiate authority and shall be pasted in prominent places at or near the
areas comprised in the scheme and at the office of the Town Planning Officer. (2)
The
Town Planning Officer shall after the date fixed in the notice given under
sub-rule (1), continue to carry on his duties as far possible on working days
and during working hours. (3)
The
Town Planning Officer shall, before proceeding to deal with the matters
specified in section 52, publish a notice in Form H in the Official Gazette and
in one or more Gujarati newspaper circulating within the area of the
appropriate authority. Such notice shall specify the matters which are proposed
to be decided by the Town Planning Officer and State that all persons who are
intersted in the plots or are affected by any of the matters specified in the
notice shall communicate in writing their objections to the Town Planning
Officer within a period of [7][fifteen
days in the cases provided in the proviso to sub-rule (2) of Rule 18 of the
said rules] from the publication of notice in the Official Gazette. Such notice
shall also be posted at the officer of the Town Planning Officer and of the
appropriate authority and the substance of such notice shall be pasted at
convenient places in the said locality. (4)
The
Town Planning Officer shall give every person interested in any land affected
by any particular of the scheme sufficient opportunity of stating their views
and shall not give any decision till he has duly considered their
representations if any. (5)
If
during the proceedings, it appears to the Town Planning Officer that there are
conflicting claims or any difference of opinion with regard to any part of the
scheme, the Town Planning Officer shall record a brief minute in his own hand
setting out the points at issue and the necessary particulars, and shall give a
decision with the reasons therefore. All such minutes shall be appended to the
scheme. (6)
The
Town Planning Officer shall record and enter in the scheme every decision given
by him. The calculations and estimates shall be set out and recorded in Form F,
Form G and in other statements as may be prepared by the Town Planning Officer. (7)
The
scheme as drawn up by the Town Planning Officer shall include particulars
specified in rule 21 read with section 52. (8)
The
component parts of the scheme shall be so arranged that they may be readily
referred to in connection with the map and plans. (9)
The
Town Planning Officer shall publish the scheme drawn up by him by notification
in the Official Gazette in Form I and also by means of an advertisement in one
or more local newspaper announcing that the scheme shall be open for the
inspection of the public during office hours at his office and communicate
forthwith the decisions taken by him in respect of each plot to the owner or
person interested by the issue of the requisite extract from the scheme in Form
J and Form K as the case may be. The Town Planning Officer shall also inform
the [8][State
Government] about the publication of final scheme. The preliminary scheme drawn up by the Town
Planning Officer shall contain relevant plans and forms with details referred
to in rule 21 and the decisions recorded by the Town Planning Officer under
sub-section (1) of section 52. The final scheme drawn up by the Town Planning
Officer shall contain all plans of the preliminary scheme, forms, regulations
for control of development and decisions recorded by the Town Planning Officer
under subsection (3) of section 52. (1)
As
soon as the Board of Appeal is constituted under section 55 same shall be
notified in the Official Gazette by [9][State
Government within one month of the date on which the President receives
information from the Town Planning Officer regarding the Publication of the
final scheme and shall be communicated to the appropriate authority concerned.
The appropriate authority concerned shall give publicity to the constitution of
the Board of Appeal by posting up copy of notification at its office and in
some prominent places within the jurisdiction of the appropriate authority. (2)
Out
of the Assessors appointed on Bord of Appeal one assessor shall be a person who
possesses 4a degree in Civil Engineering or Architecture and
degree or diploma in city town planning or regional planning of valuation of a
recognised University or institution or a membership obtained by examination of
Institute of Town Planners of India and has about five years experience in town
planning valuation and the other assessor shall be a person who possess a
degree of law of a recognised university and has practised for five years as an
advocate or has worked in the capacity of a legal adviser in a reputed firm or
in the office of a local authority or a Government office for five years. (1)
No
business shall be transacted by the Board of Appeal unless all members are
present. (2)
Where
any member of the Board ceases to act the Board shall proceed with any business
in hand as soon as a new member is appointed under sub-section (4) of section
55 and it shall not be necessary to transact any business de-novo by reason of
such change in the constitution of the Board (3)
The
Board shall record their decisions in writing in any case where the proposal of
the Town Planning Officer under clauses (iii), (iv), (vi), (vii), (viii) and
(x) of sub-section (3) of section 52 are modified, varied or rejected by them. (4)
On
receipt of a copy of appeal presented to under section 54, the Board of Appeal
shall give such notice as it deems sufficient to the parties concerned. (5)
The
Board shall meet and adjourn as it thinks proper with due regard to the
despatch of business, but shall decide all appeals received within a period of
12 months from the date of constitution of the Board of Appeal. The Town Planning Officer shall submit the
final scheme to the State Government for sanction after making necessary
variation in accordance with the decision of the Board of Appeal within four
months from the date of receipt of the decision of the Board of Appeal. The notification published under section 65
shall be given publicity also by means of an advertisement in one or more
Gujarati newspapers circulating within the jurisdiction of the appropriate
authority concerned and by posting copies of the advertisement in or near the
area included in the scheme and at the office of the appropriate authority. When a scheme is sanctioned by the State
Government under sub-section (1) of section 65, the appropriate authority
concerned shall without delay forward a copy of the scheme to the
Superintendent of Land Records of the Region for the purpose of correcting the
survey records. (1)
For
eviction under section 68, the appropriate authority shall follow the following
procedure, viz.: (a)
The
appropriate authority shall in the first instance serve a notice upon a person
to be evicted requiring him, within such reasonable time as may be specified in
the notice, to vacate the land. (b)
If
the person to be evicted fails to comply with the requirement of the notice,
the appropriate authority shall depute any Officer or Servant to remove him. (c)
If
the person to be evicted resists or obstructs the officer or Servant deputed
under clause (b) or if he re-occupies the land after eviction, the appropriate
authority shall prosecute him under section 188 of the Indian Penal Code. Before removing pulling down or altering any
building or other work, under sub-section (1) of section 69, the appropriate
authority shall serve a notice on the owner or occupier of the building or
work, as the case may be, calling upon him to remove, pull down or alter such
building or work or execute such work within such reasonable time as may be
specified in the notice intimating him the intention of the appropriate
authority to do so on failure to comply with the requirement of the notice.
Such notice shall as far as may be, in Form L. (1)
The
appropriate authority making an application for the variation of a scheme under
sub- section (1) of section 70 shall state in such application all the
particulars in respect of the variation to be made. (2)
If
such variation affects and of the items of Form F or Form G an extract from
Form F and a revised statement in Form G, together with a plan showing the
change or changes proposed to be made, shall be sent in duplicate along with
the application made under sub-rule (1). (3)
The
publication of the draft variation under sub-section (2) of section 70 shall be
made by means of a Notification published in the Official Gazette and in one or
more Gujarati newspapers circulating within the jurisdiction of the appropriate
authority. Such Notification shall also state that any person affected by the
draft variation may communicate in writing any objection to such variation to
the State Government [10][through
the Collector] and the draft variation shall be open to the inspection of the
public at the office of the appropriate authority during office hours. The
State Government shall also supply the appropriate authority with such number
of copies of the Notification, not exceeding fifteen as the appropriate
authority may require and such copies shall be affixed by the appropriate
authority in prominent places within the area affected by the scheme and more
particularly, within the areas affected by the draft variation. (4)
When
a variation is made under sub-section (6) of section 70, the Town Planning
Officer, and where no Town Planning Officer is appointed, the Collector shall
as soon as may be, forward a copy of such variation to the Superintendent of
Land Records who shall correct the Survey Record affected by the variation. (1)
The
appropriate authority before making variation in regulations of final scheme
under section 72 shall publish the notification containing the proposed
variations in the Official Gazette. Such Notification shall state that the
appropriate authority has prepared draft amendment in the Scheme regulations
and that the same are kept open for public inspection at the office of the
appropriate authority during Office hours on working days inviting the persons
affected by the draft amendment and the plot owners in the scheme area to file
their suggestions and objections on the draft amendment within a period of one
month from the date of publication of Notification in Government Gazette. The
appropriate authority shall also publish such notification in one or more Local
newspapers published in regional language and circulating within the area of
the appropriate authority. (2)
The
State Government may sanction with or without modification the draft amendments
in Scheme regulations under clause (d) of section 72 within a period of two
months from the date of receipt of the draft amendment with application from
the appropriate authority for sanction. The claim under section 82 shall be made
within three months from the date fixed, in the notice given under sub-rule (1)
of rule 26. The owner of a plot shall make payment under
section 85 within a period of three months from the date on which the owner is
directed by the Town Planning Officer to make payment. The appropriate authority may for the purpose
of (a) meeting expenditure debitable to capital account, and (b) for re-paying
any loan previously taken under this Act property chargeable to revenue, borrow
by way of temporary loan or overdraft from any bank or otherwise, such sums
suit may require, on such terms and conditions as the appropriate authority
thinks fit. The amount so borrowed together with the interest thereon shall be
repaid from the current account within a period of twelve months from the date
of the temporary borrowing or such extended period as State Government may
allow. Every bond, obligation debenture or other
Security issued by the appropriate authority for raising money or for securing
money borrowed by or due from the appropriate authority shall be by deed under
the common seal of the appropriate authority and signed autographically by the
Chief Executive Authority or the appropriate authority or any other officer
authorised by the appropriate authority in that behalf. The appropriate authority shall kept a
register of bonds, debentures and other securities in prescribed Form M. The appropriate authority may from time to
time issue instructions for controlling the transfer of any bond, debenture or
other security as it may deem expedient provided that no such instructions
affect the holder or transferee of any bond, debenture or other security unless
distinct notice of such instructions shall appear thereon. The appropriate authority may for the purpose
of securing the payment of any such bonds, debentures or other securities as
aforesaid or the payment with interest of any money so borrowed as aforesaid,
or payable under any contract or otherwise make and carry into effect any
arrangement which an appropriate authority may deem expedient by assigning or
conveying any property of an appropriate authority including its revenues to
trustees. Unless otherwise resolve by the appropriate
authority in general meeting, any debenture which may be issued by such
appropriate authority may be so framed that the principal money and interest
thereby secured shall be payable to the bearer and free from any equities
between ouch appropriate authority and the persons to whom the same may be
issued. Where the appropriate authority proposes to
borrow money on the guarantee of the State Government, the appropriate authority
shall furnish to the State Government all such particulars of the amount,
purpose, nature and circumstances of the proposed borrowing and the amount of
outstanding loans and such other information as the State Government may
require. No Security shall be issued or granted as a
security in respect of which the payment of the principal and interest is
guaranteed by the State Government, until the amount, price rate of interest,
date and method of issue of each security, the arrangement for the application
of the proceeds of the issue and for repayment of the proceeds have been
previously approved by the State Government and no variation of any such
arrangements shall be made without the like approval of the State Government. (1)
The
appropriate authority shall submit to the State Government for approval before
1st day of February of such year the annual Financial Statement and programme
of work, in triplicate for the succeeding financial year. (2)
The
annual financial statement and the supplementary financial statement, if any,
shall be in Form N and the Programme of work in Form O. (3)
The
annual financial statement shall be accompanied by statement of honoaria and
salaries and allowances of members officers and servants of an appropriate
authority in Form P. (4)
The
appropriate authority shall forward to the State Government with its programme
of work a note giving history and description of each work or project includinginter
alia the progress made, expenditure incurred, and receipts accrued in the
previous year in respect of continuing work or projects. The note shall, in
particulars bring out the financial implications of each work or project. The annual statement of accounts including
balance sheet of any appropriate authority under sub-section (1) of section 95
shall be in Form Q. (1)
The
appropriate authority shall within three months of the date of closing of each
year submit Annual Report to the State Government. (2)
The
report shall contain inter-alia particulars regarding the (a)
Programme
of work for the year under report. (b)
Progress
of work during the year with particular reference to the (i)
Land
acquired; (ii)
Development
carried out; (iii)
Amenities
provided; (iv)
Town
Planning Schemes Prepared; (v)
Development
Plans Prepared; (vi)
Details
of any other activities entrusted to and undertaken by the appropriate
authority in accordance with the Act; (c)
Finances
of the appropriate authority; (d)
Changes,
if any, in the constitution of the appropriate authority; (e)
The
staff of the appropriate authority for the head quarters work and field work,
project-wise and schemewise, (f)
Directions
given by the State Government to the appropriate authority and their
compliance. (3)
The
appropriate authority shall also submit to the State Government by the 1st
November of each year a progress report based on its working and accounts of
the first six months of the year. (1)
The
notification regarding levy of development charge under section 99 shall be
published by the appropriate authority in Official Gazette as well as in one or
more Gujarati Newspapers in regional language circulating within the area of
the appropriate authority. Notice giving the extract of the Notification
showing the rate of development charge for different area and for different
uses as approved by the State Government shall be affixed on the Notice Board
of the appropriate authority along with a Plan of the area showing boundaries
of different areas and uses for which different development charge may have
been approved by the State Government. (2)
Before
submitting a proposal to the State Government for giving sanction to the levy
of development charge in the area, the appropriate authority shall prepare a
draft proposal giving rates of development charge for different area and for
different use and published the draft proposal in the Official Gazette by
notification as well as by an advertisement in one or more local newspapers in
regional language circulating in the area of the appropriate authority inviting
general public to give their suggestions and objections on the draft proposal. [11][within three months
from the date of publication of the draft proposal in the Official Gazette.] (3)
The
notice regarding draft proposal to levy development charge shall also be
affixed on the notice board of the appropriate authority and at prominent
places in the area of the appropriate authority. (4)
The
draft proposal to levy the development charge shall show the grounds and
reasons for working out the various rates of development charge for different
areas and uses. (5)
After
considering the suggestions and objections that may be received on publication
of the draft proposal under sub-rule (2) on merits and after
giving individual hearing to all where any application is made in this
regards, the appropriate authority shall submit the proposal to levy
development charge so the State Government for sanctioned. (6)
The
proposal shall be submitted to the State Government for sanction along with all
suggestions and objection applications that may have been received by the
appropriate authority and the minutes of the personal hearing that may have
been conducted at the request of any individual. While applying for the State
Government sanction to the levy of development charge, the appropriate
authority shall substantiate the proposal with statements, plans, estimates
development works likely to be undertaken in the area etc. (1)
If
before the notification for levy of development charge is issued under section
99, any person has commenced the carrying out of any development work or has
carried out of such development or instituted or changed use of any land or
building for which permission is required under this Act, he shall within three
months from the date of publication of notification in Official Gazette make
application to the appropriate authorities for the assessment of development
charge. In other cases i.e. in cases where development work or change in use of
land or building is to be undertaken after the publication of the notification
in the Official Gazette application for assessment of development charge shall
be made prior to 3 months before undertaking the work along with the
application for permission for such work. (2)
The
application shall be accompanied by plan giving the boundary of the plot or land,
its area it plot No. or S. No. name of Town Planning Scheme or name of village
to which the plot No. or S. No. belongs, detail building plan of the
construction with floor area of each floor, if any construction is proposed,
for assessment of development charge. (3)
Before
deciding the development charge the applicant shall given an opportunity to
explain his scheme and explain various plans and documents that may be
submitted by him. (4)
After
giving sufficient opportunity to the applicant, and after considering the
representation that may be received, the development charge shall be assessed
and communicated to the applicant as early as possible. (1)
Appeal
on the order of the appropriate authority for assessment of development charge
shall give reasons of appeal and it shall accompany with required documents,
plans, evidence, etc. in support of the various statements that may be made in
the Appeal. (2)
Only
those appeals which are received within the period prescribed under sub-section
(1) of section 103 shall be accepted and registered while the rest of the
appeals shall not be registered unless genuine and satisfactory reasons are
given in the appeal for filling the appeal late after the expiry of prescribed
period. (3)
Separate
appeal for each Plot or Sr. No. Shall be filed and it shall be accompanied by
fee, on the basis of Rs. 5 for every Rs. 100 but not exceeding Rs. 250 in any
case. (4)
Form
of Securities that may be furnished for payment of development charge under
sub-section (5) of section 103 shall be free from any encumbrance and they
shall not be subject to any mortgage, attachment etc. Such securities shall be
easily realisable and shall be of value not less than the total amount of
development charge assessed. (5)
Amount
of development charge levied on each plot or S. No. shall be the first charge
on the plot or land and shall be realised or default or payment in the manner
as available for recovery of land revenue. (6)
The
appropriate authority shall take steps to implement the decision of the
Tribunal by (i) recovering amount of development charge as fixed by the
Tribunal. (ii) by making fresh assessment if the Tribunal has so directed; or
(iii) by implementing any other order passed by the Tribunal in the, matter. (1)
Documents,
plans and maps relating to a finally sanctioned scheme (preliminary as well as
final) shall be kept open for public inspection at the head office of the
appropriate authority at any time during office hours of the appropriate
authority for a period of six months from the date of the Official Gazette in
which the sanction was published. (2)
All
Town Planning Schemes (Preliminary and Final) finally sanctioned by Government
shall be lodged with the Town Planning and Valuation Department or the expiry
of the period mentioned in sub-rule (1). (3)
The
head of Town Planning and Valuation Department may, on an application of an
owner of any plot included in the scheme so sanctioned, issue a certificate in Form
R specifying the area and boundaries of a Final Plot, the nature of the tenure
of land of the owner's title to such a plot and the name of the person to whom
the plot has been allotted under the scheme. [1] Published in G.G.Gaz.
Ext. Pt. IV-B, dated. 1-4-1979, P. 52 and as amended by Notification. No.
GH/V/25 of 1987/TPA-1284-1871-V, dated. 22-1-1987; G.G. Gaz. Ext. Pt. IV-B.
dated. 6-2-1987, P. 18. [2] Inserted by
Notification dated 22-1-1987. [3] Published in Gujarat
Government Gazette extra part IV B No. 1 date 2-1-2002. [4] Substituted by
Notification dated. 22-1-1987. [5] Substituted by Guj.
Govt. Gaz., Pt. IV-B, dated 6-7-2006, p. 49 [6] Guj. Govt. Gaz. Ex.
Part IV-B, P. 63, dated. 14/6/01. [7] Published in Gujarat
Government Gazette extra part IV B No. 1 date 2-1-2002. [8] Published New 2003. [9] Published New 2003. [10] Substituted by
Notification. dated. 22-1-1987. [11] Inserted by
Notification dated. 22-1-1987.GUJARAT
TOWN PLANNING AND URBAN DEVELOPMENT RULES, 1979
PREAMBLE