(l) where any Department of the central Govemment or a State Government intends to carry out development of any land for any purpose of the Government or for carrying out any operational construction, it shall inform in writing the SoU Tourism Authority of its intention to do so, giving full particulars thereo! and accompanied by such documents and plans as may be prescribed at least thirty days before undertaking such development or construction.
(2) Where the SOU Tourism Authority raises any objection to the proposed development on the ground that such development is not in conformity with the provisions either of any development plan under preparation, or development plan already sanctioned, or of any building bye-laws in force for the time being, or for any other material consideration, the Department shall-
(i) either make necessary modifications in the proposals for development to meet the objections raised by the SOU Tourism Authority; or (i1) submit the proposals for development together with the objections raised by the SOU Tourism Authority to the State Govemment for decision.
(3) The State Government on receipt of the proposals foi development together with the objections of the SOU Tourism Authority shall, either approve the proposals with or without modifications or direct the department to make such modifications in the proposals as it considers necessary in the circumstances"
(4) Where the SOU Tourism Authority intends to carry out development of land for its owrr purpose in the exercise of its powers under any law for the time being in force, such development shall be in conformity with the development plan and of the bye-laws or regulations relating to construction of buildings.
(5) The provisions of sections 12, 13 and 14 shall not apply to developments carried out under this section.
PART IV ] GUJARAT GOVERNMEMT GAZETTE, EX,2O-12-2OII
CHAPTER VII TOURISM AREA PROTECTION AND MAINTENANCE 24" (l) The District Police shall assist the officers or any other persons authorized to discharge any of the provisions for enforcement of this Act particularry in respect of the following, namely:-
(i) for the better protection and security of the public property within the Tourism development area including prevention of encroachments and removal thereof;
(ii) for aiding the officers of the SOU Tourism Authority in the detection and investigation of any matter relating to leakage of revenue or any amount payable to the SOU Tourism Authority;
(iii) for effective communication and obtaining of any information regarding any design to commit or the commission of any offence by any person under this Act or any rules or regulations made thereunder;
(iv) to exercise such other powers and discharge such other functions as may be prescribed.
(2) Notwithstanding anything contained inthe Gujarat Police Act 1951, the prescribed authority, for the purposes of sub-section (1) shall have power of superintendence over the police.
25. The State Government may, by notification in appoint any officer to be a Prescribed Authority development area.
Official Gazette, Appointment . ofPrescribedror tne I ounsm Authoritv.
34-17 District police to assist SOU Tourism Authority.
Bom. XXII of 1951.
Preventioh of nuisance.
Power of Frescribed Authority to prohibit nuisance"
26. Notwithstanding anything contained in any other law for the time being in force, or any instrument, contract or usage or any order, judgment or decree of any court, no person, company, association or firm or any other body shall cause any nuisance within the Tourism development area.
27" (l) The Prescribed Authority, either on its own motion or upon a complaint received or upon reference made to him, may, by an order in writing and without giving any prior notice, prohibit any nuisance being caused or prevent any such activity, process, operation being c ied out, if in his opinion, the s e has damaged or deteriorated or is likely to damage or affect adversely to tourism potentiality of the Tourism development area, and pass such interim orders as it deems fit.
34-1 8 Notice for removing the nuisance.
GUJARAT GOVERNMENT GAZETTE, EX. 20-T2-2019 I PART IV
(2) If, in the opinion of the prescribed Authority, despite the actions taken by him under sub- section (1) a nuisance is continued, he shall issue notice to the person responsibre for such nuisance to remove such nuisance forthwith.
(3) If the concemed person fails to comply with the directions under sub-section (l), the material thing or object of nuisance shall stand forfeited and vested in the State Government.
(4) The expenses and costs incurred, if any, in removing or abating such nuisance, shall be recovered as an iurear of land revenue frorn the person who has caused such nuisance.
(5) Any property, thing, material or object, which is a nuisance under this Act, may be disposed of or dealt with by the State Government in the manner as it may deem fit.
(6) Whoever causes the nuisance or abets the same or fails to comply with any order or directions given under this section, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to fifty thousand rupees or both.
(7) Any offence committed under sub-section (6) shall be cognizable and non-bailable.