The Gandhidham (Development and Control on Erection of Buildings) Act, 1957
gujarat · 1958
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1)This Act may be called the Gandhidham (Development and Control on Erection of Buildings) Act, 1957
- S. 2Section 2 defines key terms used in the Gandhidham (Development and Control on Erection of Buildings) Act, 1957, including "amenity," "Authority," "building," and "development."
- S. 3Section 3 establishes the Gandhidham Development Authority, its composition, and the appointment of its members and staff.
- S. 4Section 4 outlines quorum requirements and procedures for the Authority's business, and specifies order authentication.
- S. 5Section 5 ensures actions by the Authority are valid despite any vacancies or constitutional defects.
- S. 6Section 6 empowers the Authority to issue planning and development directions for Gandhidham, including land division, public amenities, and building regulations.
- S. 7Section 7 prohibits site development, building construction, excavations, or road access in Gandhidham without prior written permission and compliance with section 6 directions.
- S. 8Section 8 outlines the application process and decision-making authority for building permissions in Gandhidham, Gujarat.
- S. 9Section 9 prohibits certain industrial activities in Gandhidham and requires licenses for exceptions.
- S. 10Section 10 prohibits compensation claims for damages due to the Act's enforcement measures in Gandhidham.
- S. 11Section 11 authorizes the Authority to permit inspections and investigations on building sites to ensure compliance with regulations.
- S. 12Section 12 empowers the Authority to order the demolition of unauthorized buildings and recover demolition costs from the owner.
- S. 13Section 13 penalizes unauthorized building development and obstruction of authorized inspections, with fines up to ₹10,000 and daily increments.
- S. 14No court inferior to that of a magistrate of the first class shall try offence punishable under this Act
- S. 15Section 15 requires prior approval from the Authority for prosecuting offenses under the Gandhidham Act.
- S. 16Section 16 allows a first-class magistrate to impose sentences exceeding those permitted under the Code of Criminal Procedure.
- S. 17Section 17 allows the Authority to delegate its powers under the Act to officers of Deputy Collector or higher rank.
- S. 18Section 18 allows aggrieved individuals to appeal to the District Judge for decisions by the Authority, and permits the Authority to accept fines for offenses.
- S. 18ACompounding of offences
- S. 19(1)The Board of Appeal shall consist of a President and two Assessors
- S. 20An Officer appointed by the Authority in that behalf, shall be present at the proceedings before the Board of Appeal
- S. 21The Board of Appeal can meet at the President's headquarters or any other convenient Gandhidham location for decisions.
- S. 22Section 22 allows parties in appeal proceedings to represent themselves or through a recognized agent.
- S. 23All questions of law and procedure shall be decided by the President
- S. 24Section 24 allows the Board of Appeal to modify or accept the Authority's decisions and its rulings are final and binding.
- S. 25Nothing contained in this Act shall be deemed to constitute the Board of Appeal to be a Court
- S. 26Section 26 determines the remuneration for Assessors, either salaried or fee-based, as decided by the State Government.
- S. 27Section 27 makes directions by the Authority final and binding if no appeal is made under section 18.
- S. 27AMember, officer and employee of Authority to be public servant
- S. 28Section 28 protects the State Government and individuals from legal actions for actions taken in good faith under the Act.
- S. 29Section 29 overrides any conflicting laws or instruments regarding the Act's provisions.
- S. 30Section 30 exempts certain interior building works, government infrastructure repairs, agricultural buildings, village site constructions, and port areas from the Act's regulations.
- S. 31Section 31 authorizes the Authority to make regulations for the purposes of the Act, with State Government approval, including meeting procedures and application fees.