Town Planning, Development, Land
GUJARAT ACT NO. LII OF 1963.
7 (Fimt pubfish&, ahtr having received the assent of the President in. the
“Gujmni Governtneni Gnzette” on the 27th November 1963 ).
An Act to amend with retmspective effect the Bombay Town Planning Act, 1954
for certain purposes and to validate certain actions Wen and things
done derthat Act.
It in hereby emoted in the Fourteenth Yearofthe BepubliaofIndia as foUom:-
- !&&Act mybe called the Bombay Town Planning (Gujsrat Amendm?nt fino& ti*
and Validating Proviaions ) Act, 1963.
“(b),a erno~nqpkpchayateon&itutdor deemed tobamnstiktgd &der
the Qujarat-Panchapts Act, 1961 which is permitted ih this behalf .bythe Sbb
IMP* Qoatnrnent,to exerciee,the powers of a low1 authority nnder the A&;
IQ-I (Mom)& ,QUJ. OOVT.aAZ.,EX,NOVEMBER 27, lQ631AQRAJUYANA6, 1886 ‘ f PA= lV
EqWiOn.- If any area compz@#8 smunicipal district or munioipalbornugh %jbr
is deolared ta be a gram or nagar Mpt8wtion 9 of the Gujarat Pmohagats ht,1~2.
1961, the gram panohayat or nagar-&chayat eatabliahed for such a- in phm
of the municipality shall be deem& to ~ntinueas the local authohy for M
of motion 18
- In section 18 ofthe principal Abt, Tot clause (I),the following clauseshalll~
ofmm.XXP- and deemsd always to have bean aubtitpted, nam+:–
authority may make one-ormore down planoiag soh$- for the
area within ita jurisdiction or any part thereof, regard beinghadtothe propmls
of motion 3%
in the 6nal d’ov’ehyhent plan, if any;”.*
d BO~.KX. mrda “in the order” the following shall be and ahall be deemed alwapsfoham
- Insection 32 of the prin&al Aot, insub-section(4,in th proviso, afterthe
of motion 66
ViIof 1066. been imrkd, namely:-
“and any auoh order:gxbndiqg the period may:be made EQ wfo hav ptro-
- In &ion 66 of theprinci$al Act, in sub-seotion (I),htbePro-, for dam
ofma.Xlb (i), the following shalt be subatithbd, namely:-
VIf of 1968.
“(i)(a) where the coat of tve soheme dwqot exceed half the inorement, &
&all be met wholly by $ wntribdtion, and
(b)I whem it emaeb half the inotement, to the extent of half brement
it shall be met by a contribution and the exmsa bUbe home by the M
Ii of 195& .
(bl the wowla any appointment made of an arbitrator, any p-
, ., ?<I
always to hsve been inmrted, namely :–
admen* -;6; Ih motion Wj of the principal Act-
efBom.XXV* (I) mb-wction (2)-
“(4byappointment of an arbitrator deunder the Aot 80 repealed and
mwmgimmdatelp before the date of the oommenwmmt ofthh llot ehall
mntinue asif auoh arbitrator were appointad as a Town Planning Officer,under
tbBot mdallproceedings pnding beforesuch arbitrator immediately before
wdihg before the arbitrator” shall be and ahall be deemed alwap to lave
hen deletd; and
( for the wordq3lLprocadbe, ~1wppnBion”the word ”swrpe&ofl” sU
be and shall be deemed alwap to have been subatituhd;
(2) after aub-section(3),the followingsub-motion &ll ba and eballbe deemed
before a Tom Planning
offimr andex this Act and the provisions of this Act shall, so far may be,
apply to such appointment and pmoeedings!’.
uhn aurt or an authority or any award of a tribunal-
thaiddate shall continue as if it were prn&$y
7, Hotwithatanding anything wntained in any judgment,’deores or ordar of a ,
(a) my town plnnning acheme sanctioned or oonthued as aanationed under
p&cipl M before the mmmenoement of thk Aot thll be didand sac- ,
td and shrrU not be dedin question merely on the pundthat a devekpvlent .
the area torhiohthe town planning soheme relateahdnot been
or eamtiond mdsr the principal Aut before the town pkn-
&g lobewna lanotioned or mntinued as eanptioned under tduprinwsl Act;
dons.pmW] GUJ. WVT. QM.,EX,,NOVEYBEP 87, 1903IACfBAHAYANA 6, 1886 241
(b) any final eoheme drawn up by sTown Planning officer or an arbitrator
appointed under the Bombay Town Planning Aot, 1916 and continued under
mction 90of the prinoipal Aot and any &erne aaaotioned at any eime between
the fbstday of April 1937 and the date of the commencement of this Act shall be
valid and effeotual and shall not be called in question merely on the ground that
the appointment of the arbitrator and the proceedings before him didnct continue
underthe prhoipal Aut, or that the Town Planning Officer or, asthe Gaae may be,
the arbitrator did not decide ail the matters referred to in sub-aection (I)of
eection 32 of the principal Act within the period of twelve months mentioned
in sub-section (3) of that section or that all auoh matters had been decided out
of time, or that the sxteneion of period was granted under the provim to the
mid sub-section(3)after theperiod had expired; and my deaision of the Board of
Appeal in an %pledagainst an order of an arbitmbr given during the aforemid
time ahall bevalid and eEwtua1 and shall not be called in question merely on the
wand fhat the Baud of Appeal had no juridotion to enhrtain.
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