CONTENTS

1. Short title and commencement

2. Amendment of Section 9 of President's Act No. 27 of 1976

3. Amendment of Section 12 of President's Act No. 27 of 1976

4. Insertion of new Section 19-A in President's Act No. 27 of 1976

5. Amendment of Section 1 of Guj. 11 of 2008

6. Amendment of Section 2 of Guj. 11 of 2008

7. Insertion of new Sections 10-A to 10-C in Guj. 11 of 2008

8. Amendment of Section 2 of Guj. 18 of 2008

9. Insertion of new Sections 10-A to 10-C in Guj. 18 of 2008

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An Act further to amend the Gujarat Metropolitan Planning Committees Act, 2008, the Gujarat District Planning Committees Act, 2008 and the Gujarat Town Planning and Urban Development Act, 1976 to make effective provisions for the planning in the areas under the jurisdiction of Metropolitan Planning Committee and the District Planning Committee in different areas in the State of Gujarat and for matters connected therewith or incidental thereto

Whereas it is expedient to make effective provisions to achieve planned development with respect to economic development and social justice, and for the implementation of development schemes in different areas in the State of Gujarat;

It is hereby enacted in the Seventieth Year of the Republic of India as follows—

## Section 1. Short title and commencement.—(1) This Act may be called the Gujarat Local Authorities and Town Planning Laws (Amendment) Act, 2019.

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

## Section 2. Amendment of Section 9 of President's Act No. 27 of 1976.—In the Gujarat Town Planning and Urban Development Act, 1976 (President's Act No. 27 of 1976), (hereinafter referred to as “the President's Act”), in Section 9, to sub-section (1), the following proviso shall be inserted, namely:—

“Provided that, the development plan shall include the proposals, with regard to spatial planning, of the development plan sanctioned under the Gujarat Metropolitan Planning Committees Act, 2008 (Guj. 18 of 2008) or the Gujarat District Planning Committees Act, 2008 (Guj. 11 of 2008), as the case may be.”.

## Section 3. Amendment of Section 12 of President's Act No. 27 of 1976.—In the President's Act, in Section 12, in sub-section (1), the words and figures “which would be in conformity with the development plan under the provisions of the Gujarat Metropolitan Planning Committees Act, 2008 (Guj. 18 of 2008)” shall be deleted.

## Section 4. Insertion of new Section 19-A in President's Act No. 27 of 1976.—In the President's Act, after Section 19, the following section shall be inserted, namely:—

“19-A. Inclusion of proposal regarding spatial planning in the development plan.—After the date specified in sub-section (2) of Section 10-A of the Gujarat District Planning Committees Act, 2008 (Guj. 11 of 2008) or sub-section (2) of Section 10-A of the Gujarat Metropolitan Planning Committees Act, 2008 (Guj. 18 of 2008), as the case may be, the appropriate authority shall include in the development plan to be under this Act, the proposals with regard to spatial planning, of the development plan to which sanction is accorded under clause (a) of sub-section (1) of Section 10-A of the Gujarat District Planning Committees Act, 2008 (Guj. 11 of 2008) or clause (a) of sub-section (1) of Section 10-A of the Gujarat Metropolitan Planning Committees Act, 2008 (Guj. 18 of 2008), as the case may be, by varying the development plan under Section 19, as the appropriate authority may consider proper.”.

## Section 5. Amendment of Section 1 of Guj. 11 of 2008.—In the Gujarat District Planning Committees Act, 2008 (Guj. 11 of 2008) (hereinafter referred to as “the DPC Act”), in Section 1, in sub-section (2), for the words and figures “the Bombay Provincial Municipal Corporations Act, 1949 (Bom LIX of 1949)”, the words and figures “the Gujarat Metropolitan Planning Committees Act, 2008 (Guj. 18 of 2008)” shall be substituted.

## Section 6. Amendment of Section 2 of Guj. 11 of 2008.—In the DPC Act, in Section 2, before clause (a), the following clause shall be inserted, namely:—

“(a-1) “appropriate authority” means an authority as defined under clause (iii) of Section 2 of the Gujarat Town Planning and Urban Development Act, 1976 (President's Act No. 27 of 1976);”.

## Section 7. Insertion of new Sections 10-A to 10-C in Guj. 11 of 2008.—In the DPC Act, after Section 10, the following sections shall be inserted, namely,—

“10-A. Inclusion of proposals in development plan.—(1) The State Government may, on receipt of the draft development plan submitted by the District Planning Committee or the authorized officer, as the case may be, by notification in the Official Gazette, either—

(a) sanction or refuse to sanction the draft development plan so received for the whole of the area covered by the plan or separately for any part thereof, either without modification, or subject to such modification, as it may consider proper; or

(b) return the draft development plan to the district planning committee or the authorized officer, as the case may be, for modifying the plan as it may direct.

(2) The sanction accorded under clause (a), shall be called the final development plan which shall come into force on such date as the State Government may, by notification in the Official Gazette, specify.

(3) A final development plan which has come into force shall be binding on the concerned all authorities functioning in the district.

10-B. Variation of final development plan.—(1) If on a proposal received from a District Planning Committee in that behalf or otherwise, the State Government is of opinion that it is necessary in the public interest to make any variation in the final development plan (hereinafter referred to as “the variation”), it shall publish in the Official Gazette, the variation proposed in the final development plan, alongwith a notice, inviting objections or suggestions from any person with respect to the variation within a period of two months from the date of publication of the variation.

(2) After considering the objections or suggestions, if any, received under sub-section (1) within the period specified therein and after consulting the district planning committee in a case where the variation is not proposed by that district planning committee, the State Government may, by notification in the Official Gazette, sanction the variation with or without modifications, as it may consider fit to do and such variation shall come into force on such date as may be specified in the notification.

(3) From the date of coming into force of the variation, the provisions of this Act shall apply to such variation, as they apply to a final development plan.

10-C. Directions by State Government.—(1) Every District Planning Committee shall carry out such directions or control by instructions as may be issued from time to time by the State Government for the efficient administration of this Act.

(2) If in, or in connection with, the exercise of its powers and discharge of its functions by any District Planning Committee under this Act any dispute arises between the District Planning Committee and the State Government or any other authority, the decision of the State Government on such disputes shall be final.

(3) Notwithstanding anything contained in this Act or any other law for the time being in force, the State Government may appoint any officer, who shall,—

(a) assist the District Planning Committee in the preparation of the development plan under the Act;

(b) maintain the records of the committee, prepare the records of the discussions and communication of decisions and all other incidental, ancillary matters.”.

## Section 8. Amendment of Section 2 of Guj. 18 of 2008.—In the Gujarat Metropolitan Planning Committees Act, 2008 (Guj. 18 of 2008) (hereinafter referred to as “the MPC Act”), in Section 2, before clause (a), the following clause shall be inserted, namely—

”(a-1) “appropriate authority” means an authority defined under clause (iii) of Section 2 of the Gujarat Town Planning and Urban Development Act, 1976 (President's Act No. 27 of 1976);”.

## Section 9. Insertion of new Sections 10-A to 10-C in Guj. 18 of 2008.—In the MPC Act, after Section 10, the following sections shall be inserted, namely,—

“10-A. Inclusion of proposals in development plan.—(1) The State Government may, on receipt of the draft development plan submitted by the Metropolitan Planning Committee, by notification in the Official Gazette, either—

(a) sanction or refuse to sanction the draft development plan so received for the whole of the area covered by the plan or separately for any part thereof, either without modification, or subject to such modification, as it may consider proper; or

(b) return the draft development plan to the metropolitan planning committee or the authorized officer, as the case may be, for modifying the plan as it may direct.

(2) The sanction accorded under clause (a) of sub-section (1), shall be called the final development plan which shall come into force on such date as the State Government may, by notification in the Official Gazette, specify.

(3) A final development plan which has come into force shall be binding on the concerned all authorities functioning in the metropolitan area.

10-B. Variation of final development plan.—(1) If on a proposal received from a Metropolitan Planning Committee in that behalf or otherwise, the State Government is of opinion that, it is necessary in the public interest to make any variation in the final development plan (hereinafter referred to as “the variation”), it shall publish in the Official Gazette, the variation proposed in the final development plan, along with a notice, inviting objections or suggestions from any person with respect to the variation within a period of two months from the date of publication of the variation.

(2) After considering the objections or suggestions, if any, received under sub-section (1) within the period specified therein and after consulting the metropolitan planning committee in a case where the variation is not proposed by that district planning committee, the State Government may, by notification in the Official Gazette, sanction the variation with or without modifications, as it may consider fit to do and such variation shall come into force on such date as may be specified in the notification.

(3) From the date of coming into force of the variation, the provisions of this Act shall apply to such variation, as they apply to a final development plan.

10-C. Direction by State Government.—(1) Every Metropolitan Planning Committee shall carry out such directions or control by instructions as may be issued from time to time by the State Government for the efficient administration of this Act.

(2) If in, or in connection with, the exercise of its powers and discharge of its functions by any Metropolitan Planning Committee under this Act any dispute arises between the Metropolitan Planning Committee and the State Government or any other authority, the decision of the State Government on such disputes shall be final.

(3) Notwithstanding anything contained in this Act or any other law for the time being in force, the state government may appoint any officer, who shall,—

(a) assist the metropolitan planning committee in the preparation of the development plan under the Act;

(b) maintain the records of the committee, prepare the records, of the discussions and communication of decisions and all other incidental, ancillary matters.

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