Regulations

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No. TPS (K)/3858 – In exercise of the powers conferred by the provide to sub –section (1) of section 31 of the Gandhidham (Development & Control on Erection of Buildings) Act, 1957 (XIX of 1958), the Government of Bombay hereby makes the following regulations under clauses (a), (b), and (f) of sub-section (2) of Section 31 of the said Act, namely:-

1. Short title – These Regulations may called the Gandhidham (Development & Control on Erection of Buildings) Regulations, 1959.

 

1. Definitions – In these regulations, unless the context otherwise requires –
   1. “Act” means the Gandhidham (Development & Control on Erection of Buildings) Act, 1957;
   2. “Chairman” means the Chairman of the Authority;
   3. “Secretary” means the Secretary of the Authority’
   4. “Licenced architect” means a qualified Architect;
   5. * “Section” means section of the Act.

 

1. Meeting of the Authority – The Authority shall meet from time to time on such day and at such place as may be fixed by the Chairman:
   1. The Authority shall meet at least once in every six months;
   2. A meeting shall ordinarily be held at the Principal office of the Authority; and
   3. The Chairman shall call a meeting upon the written request of not less five members of the Authority.

 

1. Notice – Seven clear days� notice of a meeting specifying the date, time and place shall ordinarily be sent to all members. Provided that in the case of an urgent meeting, a shorter notice of not less than three days may be given.
2. 5. Agenda – The Agenda of the meeting with necessary notes shall be prepared by the Secretary with the approval of the Chairman, and sent to the members at least three days before the meeting.

 

1. Business to be transacted at meeting and order of business-Except with the permission of the person presiding at a meeting no business shall be transacted or any motion discussed at a meeting unless it is included in the agenda for the meeting. The order in which any business may be transacted at a meeting shall be determined by the person presiding threat.

 

1. Quorum – No business shall be transacted at any meeting unless at least five members including the Chairman or such other member as may be chosen by the meeting to preside over the meeting under Regulation 8 are present.

 

1. Chairman of the meeting � Every meeting shall be presided over by the Chairman; and, in his absence, by such one of the members presents as may be chosen by the meeting.
2. Decisions how arrived at –
   1. All questions shall be decided by a majority of votes of the members present and voting and the names of persons voting for an against a motion shall be recorded in the minute book.
   2. In case of any equality of votes, the person presiding shall have and shall exercise a second or casting vote.

 

1. Minute –
   1. Minutes of the names of the members present and of the proceedings at each meeting shall be kept in a book to be provided for this purpose. Such minutes shall be read or circulated at the ensuing meeting and shall after confirmation circulated at the ensuing meeting and shall after confirmation by the meeting be signed by the person presiding at such meeting.
   2. No person shall be entitled to object to the minutes of an meeting unless he was present at the meeting to which they relate.
   3. The minutes shall be open to inspection by any members during office hours at the office of the Authority.

 

1. Government Officers and other qualified persons may be invited to attend meeting of the Authority – if, it shall appear to the Chairman that the presence of the Consulting Surveyor to Government, the Public Health Engineer, the Director of public Health, any other Government. Officer or any other person qualified to advise on any subject before a meeting of the Authority, he may invite such officer or person to attend the meeting. Such Officer or person may tender his advice at the meeting but shall not be entitled to vote.

 

1. (1)Authentication of orders and other instruments made and executed in the name of the Authority shall be authenticated by the signature of the Secretary of the Authority or by any other officer of the Authority authorized by it in this behalf.
   12 (2)  The Authority shall have a seal which shall be affixed on all orders and other instruments made and executed in the name of the Authority.

 

1. Traveling Allowance –
   1. All members of the Authority, who are not Government Servants, shall, for journeys performed for attending the meeting if the Authority, be entitled to traveling and daily allowances at the rates for the time being admissible under the Bombay Civil Services Rules, to Officers of the first grade.
   2. The expenses on account of the traveling and daily allowance of members who are not Government servants shall be borne by the Authority.

 

1. Service of Notice –
   1. The service of every notice under this Act, lon any person or to any person to whom it is by name addressed, shall, in all cases not otherwise specially provided for therein, be effected in the following manner :-
      1. by sending it by registered post; or
      2. by presenting it to the person to whom it is addressed; or
      3. if such person is not found, by leaving the notice at his last known place of abode, if within Gandhidham or by giving the notice to some adult member or servant of his family or
      4. if none of the means aforesaid be available, then by causing, the notice to be affixed on some conspicuous part of the building or land, if any, to which the notice relates.
   2. When any notice under this Act is required or permitted by or under this Act to be served upon owner or permitted by or under this Act to be served upon owner or occupier of any building or land, it shall not be necessary to name the owner or occupier therein, and if there be more owners or occupiers than one, it may be served upon any one of them in the manner prescribed in Clause (1).
   3. In cases not specially provided for in the Act, any notice which the Act requires or empowers the Authority to give or to by provision which do not expressly require notice to be given to individuals therein specified, shall be deemed to have been sufficiently given or served if a copy thereof is put up in some conspicuous part of the office of the Authority and such other public buildings and places in the locality as the Authority may generally or specially select, or is published in such local papers as the Authority may generally or specially select.
   4. No notice shall be invalid for defect of form.