Section 5 in The Gujarat Town Planning and Urban Development Act, 1976
5. Constitution of area development authority.
(1)As soon as may be after the declaration of a development area under Section 3, the State Government shall, by notification, constitute an authority for such area to be called the area development authority for such area to be called the area development authority of that development area for the purpose of carrying out the functions assigned to an area development authority under this Act.(2)Every area development authority constituted under sub-section (1) shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both moveable and immovable, and to contract, and by the said name sue and be sued.(3)An area development authority shall consist of the following members, namely:-(i)a Chairman to be appointed by the State Government;(ii)the Chief Town Planner or his representative, ex-officio;(iii)[ such persons not exceeding four from amongst the members of the local authorities functioning in the development area as may be nominated by the State Government; [Clauses (iii) and (iii-a) were substituted for Clause (iii) by Gujarat 2 of 1999, Section 3 (w.e.f. 01-05-1999).](iii-a) the Presidents of the district panchayats functioning in the development area or in any part thereof, ex-officio;](iv)two officials of the State Government to be nominated by that Government, ex-officio;(v)a non-official who possesses special knowledge or practical experience in town planning, to be appointed by the State Government;(vi)a member secretary to be appointed by the State Government who shall also be designated as the Chief Executive Authority of the area development authority.(3A)[ Notwithstanding anything contained in sub-section (1), the State Government, to deal with the situation arising out of natural calamity or disaster, may by notification, constitute the area development authority or reconstitute any existing area development authority constituted under sub-section (1), for any development area declared as such under section 3, consisting of such members as it deems fit.] [Sub-section (3A) inserted by Gujarat 16 of 2001, dated 31st August, 2001 (w.r.e.f. 28-04-2001).](4)The State Government may, if it thinks fit, appoint one of the members as the Vice Chairman of the area development authority.(5)[The conditions of service] [These words were substituted and shall be deemed always to have been substituted for the words 'The term of office and conditions of service' by Gujarat 1 of 1999, Section 3, Schedule, entry No. 11 (1).] of the members of an area development authority other than ex-officio members shall be such as may be prescribed and the members shall be entitled to receive such remuneration or allowances or both as the State Government may by order determine.[(5-A) The Chairman and the members of an Area Development Authority other than ex-officio members shall hold office during the pleasure of the State Government.] [Sub-section (5-A) was inserted and shall be deemed always to have been inserted, by Gujarat 1 of 1999, Section 3, Schedule, entry No. 11 (2).](6)(a)If the State Government is of the opinion that any member of an area development authority is guilty of misconduct in the discharge of his duties or is incompetent or has become incapable of performing his duties as such member, or should for any other good and sufficient reasons, be removed, the State Government may, after giving him an opportunity to be heard, remove him from office.(b)Any member of the area development authority other than an ex-officio member may at any time resign his office by writing under his hand addressed to the State Government and upon the acceptance thereof, the office of such member shall become vacant.(7)In the event of a vacancy occurring in the office of any member of an area development authority, the vacancy shall be filled by the State Government as soon as possible after the vacancy has occurred by nomination or appointment, [as the case may be.] [These words were substituted and shall be deemed always to have been substituted for the portion beginning with the words 'as the case may be' and ending with the words 'vacancy had not occurred', by Gujarat 1 of 1999, Section 3, Schedule, entry 11 (3).](8)(i)An area development authority shall meet at such time and place as the Chairman may determine and may, subject to the provisions of this sub-section make regulations for regulating the procedure and conduct of its business at its meetings.(ii)The Chairman, and in his absence, any other member chosen by the members present from amongst themselves shall preside at a meeting of the area development authority.(iii)All questions at a meeting of the area development authority shall be decided by a majority of votes of the members present and voting and in the case of equality of votes, the persons presiding shall have a casting vote.(9)(i)An area development authority may, with the previous sanction of the State Government, associate with itself or consult such persons whose assistance or advice it may desire for the purpose of performing any of its functions under this Act and such persons may be paid by the area development authority such remuneration or fees as may be sanctioned by the State Government.(ii)The person so assisting of advising the area development authority may take part in the meetings of the authority relevant to the purpose for which he is associated or consulted but shall not have the right to vote at a meeting or take part in the meeting of the authority relating to matters concerned with any other purpose.(10)Subject to the provisions of Section 104, an area development authority may appoint such officers and other employees as it considers necessary for the efficient performance of its functions under this Act.(11)The officers and employees appointed under sub-section (10) shall be entitled to receive such salaries or allowances and shall be governed by such terms and conditions of service, as may be determined by the State Government.(12)The member Secretary of the area development authority and the officers and employees of that authority shall work under the supervision and control of its Chairman.
