Section 22 in The Gujarat Town Planning and Urban Development Act, 1976
22. Declaration of urban development area and constitution of urban development authority.
(1)Where the State Government is of the opinion that the object of proper development or redevelopment of any urban area or group of urban areas in the State together with such adjacent areas as may be considered necessary, whether covered under a development area already declared as such under Section 3 or not, will be best served by entrusting the work of development or redevelopment thereof to a special authority, instead of to an area development authority, the State Government may, by notification, declare such area to be an urban development area and constitute an authority for such area to be called the urban development authority of that area, and thereupon all the powers and functions of an area development authority relating to the development or redevelopment of a development area under this Act shall, in relation to such urban development area, be exercised and performed by such urban development authority [****] [The words 'and not by any other authority' were deleted by Gujarat 2 of 1999, Section 9 (1) (w.e.f. 01-05-1999).],(2)Every notification issued under sub-section (1) shall define the limits of the area to which it relates.[(2-A) The State Government may, by notification in the Official Gazette, include in or exclude any area from an urban development area, amalgamate two or more urban development areas into one urban development area, sub-divide any urban development area into different urban development areas and include such sub-divided urban development area in any other urban development area.] [Sub-section (2-A) was inserted, by Gujarat 2 of 1999, Section 9 (2) (w.e.f. 01-05-1999).](3)Every urban 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 movable and immovable, and to contract, and by the said name sue and be sued.(4)The urban development authority shall consist of the following members namely:-(i)a Chairman to be appointed by the State Government;(ii)such persons, not exceeding [four in number] [These words were substituted for the words 'two in number,' by Gujarat 2 of 1999, Section 9 (3) (a) (w.e.f. 01-05-1999).] who are members of the local authority or authorities functioning in the urban development area, as may be nominated by the State Government;(iii)[Three officials] [These words were substituted for the words 'two officials', by Gujarat 2 of 1999, Section (3) (b) (w.e.f. 01-05-1999).] of the State Government, to be nominated by that Government, ex-officio;(iv)the Presidents of the district panchayats functioning in the urban development area, or, as the case may be, part thereof, ex-officio;(v)the Chief Town planner or his representative, ex-officio;,(vi)the Chief Engineer or Engineers (Public Health) of the local authority or authorities functioning in the urban development area or his or their nominee or nominees, ex-officio;[(vi-a) the Municipal Commissioner of the Municipal Corporation, if any, functioning in the urban development area, ex-officio;] [Clause (vi-a) was inserted by Gujarat 2 of 1999, Section 9 (3) (c) (w.e.f. 01-05-1999).](vii)a member secretary to be appointed by the State Government who shall also be designated as the Chief Executive Authority of the Urban Development Authority.(4A)[ Notwithstanding anything contained in sub-section (4), the State Government, to deal with the situation arising out of natural calamity or disaster, may by notification constitute the urban development authority or reconstitute any existing urban development authority constituted under sub-section (1), for any urban development area declared as such under sub-section (1), consisting of such members as it deems fit.] [Sub-section (4A) inserted by Gujarat 16 of 2001, dated 31st August, 2001.](5)The provisions of sub-sections (5) to (12) of Section 5 shall apply in relation to an urban development authority as they apply in relation to an area development authority, with the modification that references to an area development authority in the said subsection shall be construed as references to an urban development authority.
