(1)This Act may be called the Gandhidham (Development and Control on Erection of Buildings) Act, 1957.
(2)It extends to the whole of Gandhidham in the Kutch area of the 2[State of Gujarat]:
Provided that the State Government may, at any time by notification in the Official Gazette, direct that all or any of the provisions of this Act shall cease to extend, on such date as may be specified in the notification, to any area in Gandhidham; and on that date the said provisions shall cease to extend to, and to be in force in, such area, except as respects things done or omitted to be done before such cesser of operation of this Act in such area, and section 7 of the Bombay General Clauses Act, 1904, shall apply upon such cesser of operation in such area as if it had been then repealed by a Bombay Act.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires—
(a) "amenity" includes roads, water supply, street lighting, drainage, sewerage, public parks and any other convenience which the Authority may, by notification in the Official Gazette, specify to be an amenity for the purposes of this Act ;
(b) "Authority" means the Gandhidham Development Authority constituted under section 3 ;
(c) "building" means a house, hut, shed or other roofed structure, for what soever purpose and of whatsoever material constructed and every part thereof and shall include any wall, under-ground room or passage, verandah, fixed plat form, plinth, staircase or doorstep, attached to or within the compound of an existing building or constructed on ground which is to be site or compound of a projected building but shall not include a tent or other such portable temporary structure erected on ceremonial or festive occasions ;
(d) "development" with its grammatical variations and cognate expressions, means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in any buildings or land or in the use thereof;
(e) "erection of any building" with its grammatical variations and cognate expressions includes—
(i) any material alteration or enlargement of any building;
Short title, extent and commencement.
Bom.I of 1904.
Definitions.
1958 : Bom. XIX] Gandhidham (Development and Control on Erection of Buildings) Act, 1957 5 of 13
(ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation ;
(iii) the conversion into more than one place for human habitation of a building originally constructed as one such place;
(iv) the conversion of two or more places of human habitation into a greater number of such places;
(v) such alterations of a building as affect its drainage or sanitary arrangements or materially affect its security ;
(vi) the addition of any rooms, buildings, out-houses or other structures to any building ; and
(vii) the construction in a wall adjoing any street or land not belonging to the owner or ,the wall of a door opening on to such street or land ;
(f) "Gandhidham" means the area in the Kutch district lying within the boundaries described in the Schedule ;
(g) "owner" includes a person for the time being receiving or entitled to receive the rent, or a part of the rent, of any land or building, whether on his own account or as trustee or as agent or as receiver appointed by or under order of a court, or who would so receive the rent or be entitled to receive it if the building or land were let to a tenant;
(h) "prescribed "means prescribed by regulations made under this Act ;
(i) "road" includes any street, square, court, alley or passage, whether a thoroughfare or not, over which the public have a right of way.