The Statue of Unity Area Development and Tourism Governance Act, 2019
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The Statue of Unity Area Development and Tourism Governance Act, 2019 Act 33 of 2019 Keyword(s): Amenities, Building Operations, Development Plan, Engineering Operations, Government Agency, Land, Notification, Occupier, Operational Construction, Statue of Unity, Tourism Development Area, Tourism Trade DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. Extra No.34 qil{g eteil%E{'r\ €,? Qr. y,oool- {rdFrr wkl wbe @uinrut obernment @uTette EXTRAORDINARY PUBLISHED BY AUTHORITY Separate paging is given to this pa PART TV Acts of Gujarat Legislature and ordinances promulgated and Regulations made by the Governor. The following.Act of the _ Gujarat Legislature, having been assented to by the Governor on the 19ft Decemb er,2019 is hereby published for general information. IC M. LALA, Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department. GUJARAT ACT NO. 33 OF 2019. (First published, after having received the assent of the Governor, in the "Gujarat Government Gazette,,, on the 20ft Deeember,2019). AI\t ACT to provide for development of the area and management of Tourism in and around the Statue of Unity at Kevadia in the State of Gujarat by providing necessary civic infrastricture through effective planning, administration, and the matters connected therewith and incidental thereto. It is hereby enacted in the seventieth Year of the Republic of India as follows: - CHAPTER I PRELIMINARY l. (1) This Act may be called the Statue Of Unity Area shorttige,extent Development and Tourism Governance Act, 2019" and commencement' (2) It shall extend to the Tourism development area as declared under section 3" (3) It shall come into force on such date as the State Govemment may, bynotification in the Official Gazette, appoint" IV Ex"34 34-1 34-2 GUJARAT GOVERNMENT GAZETTE, EX. 2O-12-2OI} I PART IV Definitions. 2. In this Act, unless the context otherwise requires- (a) "amenities" means basic and essential services including but not limited to roads, bridges, bypasses and underpasses, drainage, water supply, power supply and electrical installations, collection- treatment- discharge and disposal of institutional and township waste, health, education, transport, disaster management, parks, green areas, gas pipeline, entertainment, hospitality, recreation, industry, townships and institutional areas and other facilities of conveniences and such other services as the souADTG Authoritv may specify; (b) "building operations" President's Act shall have the same meaning as is assigned No. 27 of 1976. to it under elause (vi) of section 2 of the Gujarat Town planning and Urban Development Act,I976; (c) "developer" means a person or entity with whom a concession agreement is entered into or a project has been awarded and for which such other agreement is entered into for furtherance of the objectives ofthis Act; President's Act (0 "development" shall have the surme meaning as is assigned to it No.27 of 1976. under clause (viii) of section2 of the Gujarat Town planning and Urban Development Act,l97 6. (e) "development plan" means a plan for the development or re- development or improvement of a Tourism development area; '"engineering 0 operations" shall have the same meaning as is President's Act assigned to No. 27 of 1976. it under clause (xi) of section 2 of the Gujarat Town Planning and Urban Development Act 1976; (g) "Govemment agency" means a Corporation or a Govemment company or a body owned or controlled by the State Govemment or an authority established by or under any State law and includes a local authority; Presidentos Act (h) "land" shall have the same meaning as is assigned to it under No" 27 of 1976. clause (xiii) of section2 of the Gujarat Town planning and Urban Development Act,l976; 0 "local authority" means a municipality constituted or deemed to Guj.34 ofl964. be constituted under the Gujarat Municipalities Act, 1963, a committee appointed for a notified area under the Gujarat Guj" 18 of1993. Municipalities Act, 1963 or a panchayat constituted under the Gujarat Panchayats Act, 1993; 0 "Notification" means a notification published in the Officiat Gazette; (<) "Nuisance" includes any act of commission or omission or carrying on of any activity, process, operation including the operation of any machine which causes or is likely to cause injury, danger, or which is or may be dangerous to life or injurious to health or property or to any animal or plant; PART IV ] GUJARAT GOVERNN4EMT GAZETTE, EX. 20.12-2019 34-3 0 "occupier" includes, any person (t) who for the time being is pa,ving or is liable to pay to the owner the rent of the land or building in respect of which such rent is paid or is payable; (ii) an owner living in or otherwise using his land or buirding; (ut) a rent-free tenant; (iv) a licensee in occupation of any land or building; (v) any person who is liable to pay to the owner damages or compensation for the use and occupation of any land or building; but, shall not include a person who on the date of commencement of this Act is in illegal possession of any land which has been acquired by the State Government or by any other authority and has vested in the State Government and shall not also include a person who has encroached upon such land; (m) "operational construction" shall have the same meaning as is President's assigned to it under clause (xvii) of section 2 of the Gujarat Town Act No. 27 of 1976" Planning and Urban Development Act,1976. (n) "owner", in relation to any property, includes any person who is, for the time being receiving or entitled to receive, whether on his own account or on account ofor on behalf,of or for the benefit of, any other person or as an agent, trustee, guardian, manager or receiver for any other person or for any religious or charitable institution, the rents or profits of the property; and also includes a mortgagee in possession thereof but shall not include any such person who on the date of commencement of this Act is in illegal possession of any land which has been acquired by the state Government or by any other authority and has vested in the state Government and shall also not include a person who has encroached upon such land; (o) "person" means and includes, an individual, an entity, a company, firrn, organization, association of persons, society, establishment, institution including Government agencies carrying on business or economic activity in the Tourism development area; (p) "prescribed" means prescribed by rules made under this Act; (q) "Prescribed Authority" means an Authority appointed under section 25; o "regulations" means a regulations made under section 54 and includes zoning and other regulations made as part of a development plan ortown pl ing scheme; 6) "rules" means rules made under seetion 53; o "Statue Of Unity" means the statue of Shri Sardar Vallabhbhai Patel, located at Kevadia, District: Na ada, Gujarat; 34-4 GUJARAT GOVERNMENT GAZETTE, EX. 2O-12-2OI} I PART IV (u) "statue of unity Area Development and Tourism Governance Authority" means the authority constituted under section 4 or any Govemment agency or Government company designated as such under sub-section (4) ofsection 4; (v) "Tourism activity" means the activities and services including but not limited to industrial, manufacturing, oommercial, financial, processing, packaging, logistics, transport, tourism, hospitality, health, housing, entertainment, research and development, education and training, skill development, information and communication, management and consultancy, corporate offrces and the activities and services connected therewith or incidental thereto and other activities including the economic activities as the State Government may specify bV notification in the Officiat Gazette; (w) "Tourism development area" means the area declared under section 3; (x) "Tourism trade" means and includes facilities, service, activities orproducts relating to Tourism provided to a tourist in a premises b>r any person or travel agency regularly or occasionally within Tourism development area or otherwise; 0) "tourist guide" means the tourist guide appointed under section 30. CHAPTER II DECLARATION OF TOURISM DEVELOPMENT AREA Declaration of (1) The State Government, the purpose Tourism 3. for of securing planned development Tourism development and govemance in and around Kevadia, District area. Narmada and in the vicinity of Statue Of Unity, may, by notification in the Official Gazette, declare such area to be the Tourism development area. (2) Every notification issued under sub-section (1) shall define the limits of the area to which it relates. (3) The State Government may also, by notification in the Official Gazette, extend the Tourism development area as and when it deems fit. CHAPTER III CONSTITUTION OF SOU TOURISM AUTHORITY Constitution of 4" (1) As soon as may be after the declaration of a Tourism SOU Tourism Authority.