(1) After making such inquiry, as it may think fit, the Board of Appeal may either direct the Authority to reconsider its proposals, or accept, modify or vary the direction or order of the Authority, and shall decide all matters arising out of such direction or order of the Authority.
(2) Every decision of the Board of Appeal shall be conclusive and binding on all persons and shall not be liable to be questioned in any suit in a Civil Court.
25. Nothing contained in this Act shall be deemed to constitute the Board of Appeal to be a Court.
26. The Assessors shall, save where they are salaried Government Officers, be entitled to such remuneration, either by way of monthly salary or by way of fees if partly in one way and partly in the other, as the State Government may, from time to time, determine.
27. Where no appeal has been made under section 18, the direction issued by the Authority under section 6 or its order under sub-section (2) of section 8 or under subsection (3) of section 9, shall be final and binding on the parties.
11[27A. Every member and every officer and other employee of the Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.]
28. No suit, prosecution or other legal proceeding shall lie against the State Government or any person for anything which is in good faith done or intended to be done under this Act, or the regulations made thereunder.
Constitution of Board of Appeal.
Officer appointed by authority to assist Board in advisory capacity.
Place where Board may sit.
Right to appear by recognised agent.
Decision of questions of law and other questions.
Powers of Board to decide matters finally.
Board not to be Court.
Remuneration of Assessors.
Decision of Authority to be final in certain matters.
Member, officer and employee of Authority to be public servant.
XLV of 1860.
Protection of action taken in good faith.
1958 : Bom. XIX] Gandhidham (Development and Control on Erection of Buildings) Act, 1957 11 of 13
29. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in any instrument having effect other wise than by virtue of this Act.
30. Nothing in this Act shall apply to—
(a) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the buildings but not its drainage or sanitary arrangements or its security or which do not materially affect the external appearance of the building ;
(b) the carrying out by the Government or local authority in Gandhidham of any work for the purpose of inspecting, repairing or renewing and sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose ;
(c) the erection of a building not being a dwelling house if such building is required for purposes subservient to agriculture ;
(d) the erection of buildings upon land included in the inhabitated site of any village with in the meaning of the Bombay Land Revenue Code, 1879, as applied to the Kutch area of the 12[ State of Gujarat].
(e) excavations (including wells) made by Government or any local authority in the ordinary course of agricultural operations, or for the purpose of laying, making, altering, repairing or renewing any sewer, drain or water course for supplying water for drinking;
(f) the construction of unmetalled roads intended to give access to land solely for agricultural purposes ; and
(g) any area within the limits of the major port of Kandla defined or altered, as the case may be under the Indian Ports Act, 1908, being an area owned or occupied for the purposes of that port by the Central Government.