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

Bombay Act No. XIX of 1958

13th February, 1958

BOMBAY ACT No. XIX OF 1958.1 An Act to provide for the development of Gandhidham for, the control on erection of buildings therein, and for certain other matters. WHEREAS it is expedient to provide for the development of Gandhidham, for the control on erection of buildings therein and, for certain other matters; It is hereby enacted in the Eighth Year of the Republic of India as follows:— 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1957, Part V, Pages 163-164.

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S.1 Short title, extent and commencement

(1) This Act may be called the Gandhidham (Development and Control on Erection of Buildings) Act, 1957.

(2) It extends to the whole of Gandhidham in the Kutch area of the 2State of Gujarat:

Provided that the State Government may, at any time by notification in the Official Gazette, direct that all or any of the provisions of this Act shall cease to extend, on such date as may be specified in the notification, to any area in Gandhidham; and on that date the said provisions shall cease to extend to, and to be in force in, such area, except as respects things done or omitted to be done before such cesser of operation of this Act in such area, and section 7 of the Bombay General Clauses Act, 1904, shall apply upon such cesser of operation in such area as if it had been then repealed by a Bombay Act.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. These words were subst

S.2 Definitions

In this Act, unless the context otherwise requires—

• (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;
• (b) "Authority" means the Gandhidham Development Authority constituted under section 3;
• (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, under-ground room or passage, verandah, fixed plat form, plinth, staircase or doorstep, attached to or within the compound of an existing building or constructed on ground which is to be site or compound of a projected building but shall not include a tent or other such portable temporary structure erected on ceremonial or festive occasions;
• (d) "development" with its grammatical variations a
  

S.3 Constitution and composition of Gandhidham Development Authority

(1) The State Government shall, as soon as may be, after the commencement of this Act, constitute for the purpose of this Act an authority to be called the Gandhidham Development Authority.

(2) The Authority shall consist of the following members namely:—

• (a) the District Magistrate, Kutch, ex-Officio;
• (b) the District Public Health Officer, Kutch, ex-officio;
• (c) five non-official members nominated by the State Government;
• (d) not more than three persons as may be nominated by the Central Government.

(3) The Chairman and the Secretary of the Authority shall be nominated by the State Government.

3(4) (a) The Chairman, Secretary and the members other than ex-officio members, of the Authority nominated by State Government shall hold office during the pleasure of the State Government;

(b) The members nominated by the Central Government under clause (d) of subsection (2) shall hold office during the p

S.4 Procedure and authentication of order, etc., of Authority

(1) The number of members necessary to form a quorum, and the procedure to be followed by the Authority in the conduct of its business, shall be such as may be prescribed.

(2) All action taken by the Authority shall be expressed to be taken in the name of the Authority and orders and other instruments made and executed in name of the Authority shall be authenticated in such manner as may be prescribed, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Authority.

5(3) The Authority may have and use such official seal as may be prescribed.

5. Sub-section (3) was inserted, by Guj 12 of 1966, s.3.

S.5 Vacancy or defect in constitution of Authority

No act of the Authority shall be called in question on the ground only of the existence of any vacancy in, or any defect in the constitution of the Authority.

S.6 Power to issue directions in respect of Gandhidham

(1) The Authority with a view to the proper laying out of land, the prevention of haphazard erection of building and growth of sub-standard colonies and generally with a view to developing and expanding Gandhidham according to proper planning may, by notification in the Official Gazette, issue in relation to Gandhidham or any area thereof, such directions as it may consider necessary.

(2) Without prejudice to the generality of the foregoing power, but regard being had to the objects therein mentioned, the Authority may, in particular, issue directions in relation to all or any of the following matters, that is to say,—

• (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 alloted to intending purchasers or lessees;
• (b) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;
• (c) the development
  

S.7 Control of development and building operations in Gandhidham

No person shall undertake or carry out the development of any site in Gandhidham, or erect any building or make or extend any excavation, or lay out any means of access to a road in Gandhidham, except in accordance with the directions issued under section 6 and with the previous permission of the Authority in writing.

S.8 Application for permission

(1) Every person desiring to obtain the permission referred to in section 7 shall make an application writing to the Authority in such form, and on payment of such fee, and containing such information, as may be prescribed in respect of the development, building, excavation or means of access to which the application relates:

6[Provided that no fee shall be payable where the application is made by an officer or a department of Government.]

(2) On receipt of such application the Authority, after making such inquiry considers necessary in relation to any direction issued under section 6 or in relation to any other matter, shall, by order in writing, either grant the permission, subject to such conditions, if any, as may be specified in the order or refuse to grant such permission.

(3) Where permission is refused, the grounds of such refusal shall be communicated to the applicant in the prescribed manner.

6. This proviso was added, by Guj. 35

S.9 Prohibition of use of any land as brick-field etc. without licence

(1) No land within Gandhidham shall be used for the purposes of a charcoal-kiln, pottery-kiln or time-kiln, and no land within Gandhidham shall be used for the purposes of a brick-field or brick-kiln except in accordance with the directions issued under clause (j) of sub-section (2) of section 6 and under and in accordance with the conditions of, a licence from the authority, which may be renewed annually.

(2) Every person desiring to obtain or renew a licence under sub-section (1) shall make an application to the Authority in such form and containing such information as may be prescribed.

(3) On receipt of an application under sub-section (2), the Authority after making such inquiry as it considers necessary in relation to any direction issued under section 6 or in relation to any other matter, shall, by order in writing, either grant the licence subject to such conditions in respect thereof and on payment of such fee as may be prescribed, or refuse the licence.

S.10 Bar of compensation

No compensation shall be claimed by any person for damage or loss sustained or alleged to have been sustained by him in consequence of—

• (a) any order made by the Authority under sub-section (2) of section 8 or sub-section (3) of section 9; or
• (b) anything which is in good faith done or intended to be done under this Act.

S.11 Power of entry on building or land

The Authority may authorise any person to enter into or upon any site of building with or without assistants or workmen, for the purpose of—

• (a) making any inquiry, inspection, measurement or survey, or taking levels of such site or building;
• (b) examining works under construction or ascertaining the course of sewers or drains;
• (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
• (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:

Provided that no entry shall be made except between the hours of sun-rise a

S.12 Order of demolition of building in certain cases

(1) Where the Authority is satisfied that the erection of any building has been commenced, or is being carried on, or has been continued 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, the Authority may make an order directing that such erection shall be demolished by the owner thereof within such period not exceeding two months, and on the failure of the owner to comply with the order, the Authority may itself cause the erection to be demolished and the expenses of such demolition shall be recoverable from the owner in the same manner as an arrear of land revenue:

Provided that before causing such erection to be demolished, the Authority shall make a reference 7[to the District Judge, Kutch, who shall constitute a Board of Appeal under section 19 for deciding the reference]. The Board shall after giving notice to the

S.13 Penalties

(1) Any person who—

• (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
• (b) uses any land in contravention of the provisions of sub-section (1) of section 9,

shall be punished with fine which may extend to ten thousand rupees and in the case of a continuing offence with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

(2) Any person who obstructs the entry of a person authorised under section 11 to enter into or upon any building site or land, or molests such person after such entry shall be punished with fine which may extend t

S.14 Jurisdiction of courts

No court inferior to that of a magistrate of the first class shall try offence punishable under this Act.

S.15 Previous sanction of authority or Officer authorise by it for prosecution

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Authority or an Officer authorised by the Authority in this behalf.

S.16 Magistrate's powers to impose enhanced penalties

Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any court of a magistrate of the first class to pass any sentence authorised by this Act in excess of its powers under the said section.

S.17 Power to delegate

The Authority may, by notification in the Official Gazette, direct that any power exercisable by it under this Act may also be exercised in such cases and subject to such conditions (if any), as may be specified in the notification, by such Officer being an officer not below the rank of a Deputy Collector or Assistant Collector as may be mentioned therein.

S.18 Right of Appeal

Any person aggrieved by any direction issued by the Authority under section 6 or by an order of the Authority under sub-section (2) of section 8 or of sub-section (3) of section 9 may, within thirty days from the date of the issue of such direction or as the case may be, from the date of communication of such order to him 8[present an appeal to the District Judge, Kutch, who shall constitute a Board of Appeal under section 19 for deciding the appeal].

8. These words and figures were substituted for the words and figures "appeal to a Board of Appeal under section 19" by Guj. 35 of 1961, s. 4.

S.18A Compounding of offences

9(1) The Authority or any person authorised by the Authority by a general or special order in this behalf may, either before or after the institution of proceedings for any offence punishable under this Act, accept from any person charged with such offence a sum not exceeding ten thousand rupees by way of composition of the offence.

(2) On payment of such sum as may be determined by the Authority or, as the case may be, the person so authorised, no further proceedings shall be taken against the accused person in respect of the same offence.

9. Section 18A was inserted by Guj. 12 of 1966, s.4.

S.19 Constitution of Board of Appeal

(1) The Board of Appeal shall consist of a President and two Assessors.

(2) The President shall be the District Judge, Kutch.

(3) The President shall appoint fit and proper persons as Assessors.

10(4) The President and the Assessors shall be members of the Board of Appeal for such period as may be required by such Board to decide a reference under the proviso to sub-section (1) of section 12 or an appeal under section 18.

(5) The State Government may, if it thinks fit, remove for incompetence or misconduct or any other good and sufficient reason an Assessor appointed under sub-section (3).

(6) If any Assessor is removed or dies or refuses or neglects to act or becomes incapable of acting, the President shall appoint forthwith a fit and proper person to take the place of such Assessor.

10. Sub-section (4) was substituted for original by Guj. 35 of 1961, s.5.

S.20 Officer appointed by authority to assist Board in advisory capacity

An Officer appointed by the Authority in that behalf, shall be present at the proceedings before the Board of Appeal. He shall not be required to give evidence in such proceedings but the President may require him to assist the Board in any advisory capacity.

S.21 Place where Board may sit

The Board of Appeal may sit either at the headquarters of the President or at any other place in Gandhidham which he may deem convenient for the consideration, and decision of any matter before such Board.

S.22 Right to appear by recognised agent

Every party to any proceeding before the Board of Appeal shall be entitled to appear either in person or by this recognised agent.

S.23 Decision of questions of law and other questions

All questions of law and procedure shall be decided by the President. All other questions shall be decided by the President and the two Assessors, or by a majority of them.

S.24 Powers of Board to decide matters finally

(1) After making such inquiry, as it may think fit, the Board of Appeal may either direct the Authority to reconsider its proposals, or accept, modify or vary the direction or order of the Authority, and shall decide all matters arising out of such direction or order of the Authority.

(2) Every decision of the Board of Appeal shall be conclusive and binding on all persons and shall not be liable to be questioned in any suit in a Civil Court.

S.25 Board not to be court

Nothing contained in this Act shall be deemed to constitute the Board of Appeal to be a Court.

S.26 Remuneration of Assessors

The Assessors shall, save where they are salaried Government Officers, be entitled to such remuneration, either by way of monthly salary or by way of fees if partly in one way and partly in the other, as the State Government may, from time to time, determine.

S.27 Decision of Authority to be final in certain matters

Where no appeal has been made under section 18, the direction issued by the Authority under section 6 or its order under sub-section (2) of section 8 or under sub-section (3) of section 9, shall be final and binding on the parties.

S.27A Member, officer and employee of Authority to be public servant

11Every member and every officer and other employee of the Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

11. Section 27A was inserted by Guj. 12 of 1966, s.5.

S.28 Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against the State Government or any person for anything which is in good faith done or intended to be done under this Act, or the regulations made thereunder.

S.29 Effect of provisions of Act inconsistent with other enactments and instruments

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in any instrument having effect other wise than by virtue of this Act.

S.30 Savings

Nothing in this Act shall apply to—

• (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;
• (b) the carrying out by the Government or local authority in Gandhidham of any work for the purpose of inspecting, repairing or renewing and sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;
• (c) the erection of a building not being a dwelling house if such building is required for purposes subservient to agriculture;
• (d) the erection of buildings upon land included in the inhabitated site of any village with in the meaning of the Bombay Land Revenue Code, 1879, as applied to the Kutch area of the 12State of Gujarat.
• (e) exca
  

S.31 Powers to make regulations

(1) The Authority, with the previous approval of the State Government may, by notification in the Official Gazette, make regulations to carry out the purposes of this Act:

Provided that the State Government may make the first regulations under this section and any regulations so made may be altered or rescinded by the Authority in exercise of the powers conferred by this section.

(2) In particular, but without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—

• (a) the summoning and holding of meeting 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;
• 13(aa) the emoluments payable to the Chairman, members and the Security of the Authority;
• 14(b) the off