Section 36 of Establishment and Constitution of Authority — Amendment of Gujarat Town Planning and Urban Development Act, 1976
Bare section text
Official Legislative Text
36. In the Gujarat Town Planning and Urban Development Act, 1976,-
- (1)in section 2, after clause (xii), the following shall be inserted, namely:- "(xii-a) "heritage area" means the heritage area as defined in clause
- (i)of section 2 of the Champaner-Pavagadh Archeological Park World Heritage Area Management Authority Act, 2006.";
- (2)in section 3, to sub-section (3), the following proviso shall be inserted, namely:- " Provided further that in the case of the heritage area, the development area or urban development area declared under this Act shall be co-terminous with Heritage area.";
- (3)in section 22, to sub-section (1), the following proviso shall be inserted, namely:- " Provided that notwithstanding anything contained in this Act, in the case of the urban development area comprising the heritage area, the development plan shall also contain the particulars specified in the Champaner-Pavagadh Archeological Park World Heritage Area Management Authority Act, 2006 and the plan so prepared shall for the purpose of that Act be deemed to be the comprehensive development plan for the purpose of section 22 of this Act.";
- (4)after section 123, the following section shall be inserted, namely :- “123A. Notwithstanding anything contained in this Act, with effect from the date of the constitution of the Champaner-Pavagadh Archaeological Park World Heritage Area Management Authority under the Champaner-Pavagadh Archaeological Park World Heritage Area Management Authority Act, 2006, such authority shall be the Area Development Authority or the Urban Development Authority for the area comprising the heritage area and shall exercise all the powers, perform duties and discharge functions under this Act as if it were Area Development Authority or Urban Development Authority constituted for the heritage area.”."
Educational Study Layer
Summary
- Section 36 amends the Gujarat Town Planning and Urban Development Act, 1976, to align town planning laws directly with this Act.
- It inserts clause (xii-a) into section 2 of the 1976 Act, adopting the exact definition of "heritage area" from clause (i) of section 2 of this Act.
- It adds a proviso to section 3(3) of the 1976 Act declaring that any development area or urban development area declared for the heritage area must be co-terminous with, meaning share the exact same boundaries as, the heritage area.
- It adds a proviso to section 22(1) of the 1976 Act requiring that the development plan for the urban development area comprising the heritage area must contain the particulars specified in this Act.
- The plan prepared with those particulars is legally deemed to be the comprehensive development plan for the purposes of section 22 of the 1976 Act.
- It inserts section 123A into the 1976 Act, stating that from the date this Authority is constituted, it acts as the Area Development Authority or Urban Development Authority for the heritage area and exercises all powers and functions under the 1976 Act.
Practical examples
FAQ
1. How does Section 36 define "heritage area" in the Gujarat Town Planning and Urban Development Act, 1976?
Under Section 36 of this Act, section 2 of the 1976 Act is amended to insert clause (xii-a), which defines "heritage area" as the heritage area defined in clause (i) of section 2 of this Act.
2. Must the development area under the 1976 Act match the heritage area under Section 36?
Yes, under Section 36 of this Act, a proviso inserted into section 3(3) of the 1976 Act requires the declared development area or urban development area to be co-terminous with the heritage area.
3. What status does the Authority hold under the 1976 Act pursuant to Section 36?
Under Section 36 of this Act, new section 123A makes the Authority the Area Development Authority or Urban Development Authority for the heritage area from the date of its constitution.
4. How does Section 36 treat the development plan prepared with the particulars of this Act?
Under Section 36 of this Act, inserting a proviso to section 22(1) of the 1976 Act, that plan is deemed to be the comprehensive development plan for the purpose of section 22 of the 1976 Act.
Practice Quiz
Q1.Under Section 36 of this Act, what boundary requirement applies to an urban development area declared under the Gujarat Town Planning and Urban Development Act, 1976, for the heritage area?
Q2.Under Section 36 of this Act, inserting section 123A into the 1976 Act, which body acts as the Area Development Authority or Urban Development Authority for the heritage area?
Q3.Under Section 36 of this Act, what is the legal effect of including the particulars specified in this Act in a development plan prepared under section 22 of the 1976 Act?
Q4.Under Section 36 of this Act read with Section 2, which provision provides the definition of "heritage area" inserted into the 1976 Act as clause (xii-a)?