Section 118 in The Gujarat Town Planning and Urban Development Act, 1976
118. Power to make rules.
(1)The State Government may, by notification, and subject to previous publication, make rules consistent with the provisions of this Act to carry out the purposes of this Act:[Provided that if the State Government is satisfied that the circumstances exist which render it necessary to take immediate action, it may dispense with the previous publication of any rule to be made under this section.] [Proviso added by Gujarat 11 of 2002, dated 6th April, 2002 (w.r.e.f. 12-12-2001).](2)In particular, and without prejudice to the generality of the foregoing power, the State Government may make rules for all or any of the following matters, namely:(i)the manner of declaration of a development area under sub-section (1) of Section 3;(ii)the term of office and conditions of service of the members of an area development authority under sub-section (5) of Section 5;(iii)the manner in which the draft development plan is to be prepared and submitted to the State Government by the authorised officer under subsection (2) of Section 9;(iv)the distinguishing colours to be used in the draft development plan under Section 11;(v)the manner of publication of, and the manner in which notice for inviting suggestions or modifications to, the draft development plan under Section 13;(vi)the manner in which a notice for inviting suggestions or objections to modifications in draft development plan shall be published under [***] [Substituted 'Section 15 or under' by Gujarat Act No. 11 of 2014, dated 28.7.2014.] the proviso to sub-clause (ii) of Clause (a) of sub-section (1) of Section 17;(vii)the period within which the draft development plan and the regulations shall be sanctioned under sub-clause (i) of Clause (a) of sub-section (1) of Section 17;(viii)the term of office and conditions of service of the members of an urban development authority under sub-section (5) of Section 22, read with subsection (5) of Section 5;(ix)the form in which, the particulars to be contained and the documents to be accompanied in an application to be made for permission for development under Section 27;(x)the form of the permission to be granted under Section 29;(xi)the manner of making inquiry under sub-section (5) of Section 29;(xii)the time and the manner in which compensation shall be claimed under sub-section (2) of Section 33;(xiii)the time within which the owner is to give notice of refusal to accept the compensation under sub-section (3) of Section 33;(xiv)the particulars to be submitted alongwith the layout plan for the subdivision of a plot or the making or laying out of a private street on such plot under sub-section (1) of Section 34;(xv)the period within which the appropriate authority shall sanction or refuse to sanction the plan under sub-section (2) of Section 34;(xvi)the manner of making inquiry under sub-section (4) of Section 34;(xvii)the manner of making an application for withdrawal of notice under sub-section (3) of Section 36;(xviii)the document and plans to be accompanied with the intimation for carrying out any development work by Government under sub-section (1) of Section 39;(xix)the manner of publication of declaration of intention to make a scheme under sub-section (2) of Section 41;(xx)the manner of publication of a draft scheme under sub-section (1) of Section 43;(xxi)the manner in which and the method by which, compensation shall be payable under sub-section (3) of Section 45;[(xxi-a) the circumstances in which the period for inviting objections to the draft scheme may be reduced to fifteen days under section 47;] [Clause (xxi-a) inserted by Gujarat 11 of 2002, dated 6th April, 2002 (w.r.e.f. 12-12-2001).](xxii)the form of permission to be granted by the appropriate authority under Clause (a) of sub-section (1) of Section 49;(xxiii)the manner of inquiry for unauthorised development under Clause (d) of sub-section (1) of Section 49;(xxiv)the qualification for the appointment of a Town Planning Officer under sub-section (1) of Section 50;(xxv)the procedure to be followed by the Town Planning Officer for sub-dividing the town planning scheme under Section 51;(xxvi)the manner and the form of notice to be served by the Town Planning Officer under sub-section (1) of Section 52;(xxvii)the manner and the form of notice to be given by the Town Planning Officer under Clause (i) of sub-section (1), or under Clause (x) of subsection (3) of Section 52;(xviii)the form in which the preliminary and the final scheme shall be drawn under Clause (xi) of sub-section (3) of Section 52;(xxix)the form in which the decision of the Town Planning Officer shall be communicated to the party concerned under Section 54;(xxx)[the terms of appointment and conditions of service of president; and the qualifications] [These words were substituted for the words 'the qualifications' by Gujarat 2 of 1999, Section 22 (w.e.f. 01-05-1999).] and experience for the assessors of the Board of Appeal under sub-section (1) of Section 55;(xxxi)the procedure for summary eviction of a person under Section 68;(xxxii)the form of the notice to be given under sub-section (1) of Section 69;(xxxiii)the manner of publication of the draft variation of a scheme under subsection (2) of Section 70;(xxxiv)the manner of publication of the draft amendment to regulations under Clause (a) of Section 72;(xxxv)the time within which any claim is to be made by the owner of any property or right injuriously affected by the making of a town planning scheme under Section 82;(xxxvi)the period for payment of excess amount by the owner under sub-section (2) of Section 85;(xxxvii)the sums of money to be kept in current account by an appropriate authority under sub-section (3) of Section 91;(xxxviii)the form of, and time at which, budget shall be prepared by an appropriate authority and the number of copies thereof to be forwarded to the State Government under Section 94;(xxxix)the form of the annual statement of accounts including the balance-sheet of an appropriate authority under sub-section (1) of Section 95;(xl)the form of the annual report of an appropriate authority and the date before which it shall be submitted to the State Government under subsection (1) of Section 96;(xli)the manner in which documents, plans and maps relating to a sanctioned scheme shall be accessible to the public, under the proviso to sub-section (2) of Section 106;(xlii)any other matter which is to be, or may be prescribed.(3)All rules made under this Act shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the Legislature or to such modification as the Legislature may make during the session in which they are so laid or the session immediately following.(4)Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.
