l3
TIIE ARUNACHI,L PRADESH URBAN AND COUNTRY
PI,ANIiIING ACT, 20O7
(ACT No. 3 OF 2008)
(Received the assent ofthe Governor on 7th March,2008 published in theArunachal Pradesh. E.O. Gazette No. 18 Vol. XV dated 14th March, 2008)
A\
ACT
to provide for planning the development ofurban areas and use ofurban and rural land and to prevent encroachments ofpublic lands and to lay down regulations for building constructions in urban areas in the State ofArunacbal Pradesh and for purposes cormected therewith.
BE it enacted by the Legislature ofthe State ofArunachal Pradesh in the Fifty eighth Year ofthe Republic oflndia as follows :
CI{APTER- I
Preliminary
I. (l) This Act may be called the Arunachal Pradesh Urban and Country Planning Act, 2007.
(2) It extends to the whole ofthe State ofAruaachal Pradesh or part thereof as may be notified by the State Govemment.
(3) It shalt come itrto force on such date as the State Government may, by notification in the Ofiicial Gazette, appoint.
2. In this Act, unless there is anything repugnant in the subject or context otherwise requires :-
(i) "Agriculture" includes horticulture, farming, growing ofcrops, fruits, vegetables, flowers, grass, foddet trees or any kind of cultivation of soil; breeding and keeping oflivestock including cattle, horses, donleys, mules, pigs, hsh, poultry, and bees; the use of land which is ancillary to the farming ofland or any other agriculture purposes, but shall not include the use ofany land attached to a building for the purposes of a garden to be used along with such building;and "Agricultural' shall be construed accordingly ;
Short title,
extent, &
corrmencsment.
Definitions.
1
14
(ii) "Amenities" include roads and streets, open spaces, parks, recreational ground, play-grounds, ' water and electric supply, sfeet lighting, sewerage, drainage, public works and otherutilities, services and convcniences ;
(iii) "Area o{ bad lay-out or obsolete development"
means an area consisting of land which is badly laid out or ofobsolete development, togetherwith other land contiguous or adjacent thereto, whioh is defined by a developmentplan as an area ofbad layout or obsolete development ;
(iv) "Authority" mears State Urban and Country Planning Board and Local PlanningAuthority constituted under this Act;
(v) "Building Operations" include-
(a) erection or re-roofing ofa building, or any part ofit;
(b) roofing, re-roofing ofany part ofa building or open space;
(c) any material alteration or enlargement ofany building;
(d) any material charge in the use ofa building, including the use of
(e) its one part or more parts used for human habitation into
(f) greater number ofsuch parts;
(e) any such alteration ofa building as is likely !o affect an alteration of its drainage orsanitary arangements, or materially affect its security; (fl the construction of a door opening on any sheet or land not belonging to the owner;
(vi) "Commerce" means carrying on any trade, business or profession sale or exchange ofgoods ofany type whatsoevel and includes the runaing of, with a view to make profit, hospitals, nursing homes, infirmaries, eduoational institutions, and also includes hotels, restaurants, houses not attached to any educational institutions, saris, and
"commercial" shall be construed accordingly;
i5
(vii) "Commercial use" includes the use ofany land or building or part thereof for purposes of commerce as defined or for storage ofgoods, or as an office- whether attached to industry or otherwise:
(viii) "Courf'means a principal civil court oforiginal jurisdiction, and includes any other civil court empowered by the State Government to perform the functions of the court under this Act within the pecuniary and local limits of its jurisdiction;
(ix) "Devetopmenf 'with its gammatical variations, means tle carrying out ofbuilding. engineering. mining or other operations in, on, over or under land or the making ofany material change, in any building or land, or in the use ofany building or land and includes sub- division ofany land;
(x) "Development Plan" means interim development plan or comprehensive development or comprehensive developmentplan preparedunder this Act;
(xi) "Engineering Operations" include the formation oflaying out ofmeans ofaccess to a road or the laying out ofmeans ofwater supply;
(xii) " Industry" includes the carrying of any manufacturing process as defined in Factories Act, 1948: and "indusrial" shall be construed accordingly;
(xiii) "Industrial use" includes the user ofany lard or building or part thereoffor purposes of industry as defined;
(xiv) "Land" includes benefits to arise out ofland and things attached to the earth or permanently fastened to anlthing attached to the earth;
(xv) "Local Authority" means a Municipal Council or Committee, or Town Committee Board / Authority or District Board / Authority or other authority legally entitled to, 'or entru:rted bv the Governme[t with the control o!mana. ]r,r'Jo: of a municip4l or local fund or which is pcm,ned by th€ Govemment to exercise the powers ofa local
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(xvi) authority, and includes a to*.n improvement Eust; and a Local Authority is a "Local Authority concemed" of any land within its local limits falls in the area of a plan prepared or to be prepared under this Act ;
"Local Newspaper" means any newspaper published or circulated within the local Planning afea;
"Planning A-rea" means any area declared to be a Local Planning Area under thisAct:
"PlanningAuthorities" means State Urban and Country Planning Boardand Local Plarning Authority constituted under this Act;
"Occupier" includes:
(xvii)
(xviii)
(xix)
a tenant;
an owner in occupation of, or otherwise using his land:
a rent-free tenant ofany la[d:
a licensee in occupation ofany land; and any person who is liable to pay to tle owner damages for the use and occupation ofany land;
(xx) "Own€r" includes a mortgage in possession a person who for the time being is receiving or is entitled to receive, or has received, the rent or premium for any land whether on his own account or on account of, or on behalfor for the ' benefit ofany other person or an agent, trustee, guardian, or receiver for any other person or for
any religious or chadtable institutioD, or who
wound so receive the rent or premium or be
entitled to receive the rent or premium if the land
were let to a telant; and includes the Head ofa
Govemment department. General Manager ofa
Railway, the Secretary or otherprincipal officer
of a Local Authority, statutciry authority or
company, in respect of properties under their
respective conrol :
(a)
o)
(c)
(d)
(e)
t7
(xxi) "Prescribed" means prescribed by rules or regulations made under this Act ; (xxii)
"Public Place" means any place or building which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not; and whether the entry is regulated by any charge or not ;
(xxiii) "Relocation of population" means in relation to an area ofbad lay-out or obsolete development or a slum area, the making available, in that area or elsewhere, of accommodation, for residential purposes or for carrying on business or other activities. togetler with amenities. to persons living or carrying on business or other activities in the said area who have to be so accornmodated so that the said area may be properly plarured,
(xxiv) "Regulation" means a regulation made under this Act by the State Urban and Country Planning Board and Local Planning Authority and includes zooing and other regulations made as a part ofa Development Plan ;
(xxv) "Residence" includes the use for human habitation ofany land or building or part thereof including gardens, grounds, garages, stables, and houses, if any, appertaining to such building; and 'residential" shall be constmed accordingly;
(xxvi) "Rule" means a rule made under this Act by the State Goverrunent; and
(xxvii) "Slum area" means any predominantly residential area, where the dwellings whic1 by reason of dilapidation, over-crowding, faulty arrangement of design, lack of ventilation, light or sanitary facilities or any combination ofthesc fi.ro:s, are detrimental to safety health or moral: aird which is defiaed by a development plan as a slum area;
5
t8 State Urban and Country Planning Board .
Functions and 4 powers of the State Urba! and Country Planning
Board.
(ro
(xxix) 'Dtector'means DAector ofTown Planning/ Chief Town Planner, appointed by the State Goverrunent.
CIIAPTER.II
State Urban and Country Planning Board
(1) As soon as maybe, afterthe commencement ofthis Act, the State Govemment, shall by notihcation in the Official Gazette constitute and appoint for the purpose of carrying out the functions assigned to it under this Act, an Authority to be called the State Urban and Country Planning Board.
(2) The State Government may by notification in the Official Gazette, constitute the State Urban and Country Planning Board as deemed necessary from time to time.
(3) The Director ofTown Planning/ ChiefTown Plannel shall be Member Secretary to the State Urban and Country Planning Board. He may for the purpose of carrying out functions assigned to him under this Act, hire Office rs/Officials/ professionals from various Govemment Works Departsflents for certain periods for specific purposes as mentioned in section-
13. Further tle State Urban and Country Planning Board may authorize the Dilector ofTown Planning / ChiefTown Plarurer, for execution ofcertain functions on behalf of the State Urban and Country Plaruing Board as requted in the Act. The Director ofTown Planning/ ChiefTown Plarmer appointed under this Act shall possess such educational qualifications from any institution as recognized by the Institute of Town Planner, India.
(1) Subject to the provisions ofthis Act, and the rules fi:amed there under, the functions ofthe State Urban ard Country Planning Board shall be to guids, direct, and assist the Local Planning Authorities to frame policies in matten relating to Plaffing, Development and use ofrural and urban land in the State, and to
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19
perform such other functions as the State Government may, from time to time, assign to the State Urbar and Country Planning Board :
(2) In panicular and without prejudice to the generality of the foregoing provisions, the Stat€ Urban and Country Planning Board may, ifrequired by the State Government-
(a) direct the Local Planning Authorities/ Sub-Divisional Planning Authoriries as the case may be for the preparation of Development Plan;
(b) undertake, assist and encourage the colleclion, maintenalce, and publication of statistics, bulletins and monographs on planning and its methodology;
(c) prepare and fumish reports relating to the working of this Act;
(d) perform any other function which is supplemental, incidental or consequential to any of the functions aforesaid or which may be prescribed.
(3) The State Urban and Country Planning Board may exercise all such powers as may be necessary or expedient for the purposes of carrying out its functions under this Act.
(4) For carryi-ng out the purposes ofthis Act, the State Urban and Country Planning Board on behalf of the State Govemment tkough the Secretary, shall supervise, guide and direct the Local Planning Authorities/ Sub-Divisional Ptanning Authorities as and when need arises.
5. (1) The term of office and conditiors of service of the Chairman and other memberc of the Statc Urban and Country Plarming Board shall be such as may be prescriM; and they shall be entitled to receive such salaries with allowances or honoradrun or both as may be fixed by the State Government from time to time .
(2) The State Govemment may, if it thinks fit, terminate the appointrnent ofChairman or any members ofthe State U6an and Country Planning Board at any time. Term ofoffice
and conditions
of service of
Chairman and
members of
State Urban
and Country
Plaruring Board
Meetings of the 6 State Ulbar
and Country
Plandng Board.
20
(3) The Chairman or any member may resign his membership of the State Urban and Country Plaming Board by giving notice in writing to the State Governrnent, and on such resignation being accepted by the state Govemment he shall cease to be a member of the State Urban and Counfy Plaming Board.
(4) Any vacancy so created shall be filled by fresh appointnent by the State Government. ( I ) The State Urban and Country Planning Board shall convene meeting once in every six months and preferably twice in a year at such times and places and shall, subject to provisions of sub-section (2) and (3) below, observe the procedure as may be prescribed in regard lo the transaction ofits business at such meeting.
(2) The Chairman or in his absence the Vice-Chairman if any, or in the absence of Chairman and or the Vice Chairman, any member chosen by the members from amongst themselves, shall preside at a meeti[g of the State Urban and Country Planning Board.
(3) All questions, at a meeting of the State Urban and Country Planning Board, shall be decided by a majority ofthe votes ofthe members present and voting and in the case of equality of votes; the person presiding shall have a second or casting vot€.
(4) Minutes shall be kept ofthe names ofthe members present and of the proceedings at each meeting in a book to be kept for this purpose, which shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection, by any member during office hours.
8
'7 2l CII,\PI ER - III Declaration of Locll Planning Areas, their amalgamation, sub-division, inclusion of any area front Local Planning Area
(1) The State Govemment/ State Urban and Country Planning Board may, by notification declare any area in the State to be a Local Planning Area which may be comprised of one or more districts for the purposes of this Act, and on such declaration this Act shall apply to such area provided that no military cantonment or part ofa military cantoDment shall be included in any such area.
(2) Every such notification shall define the limits ofthe area to which it relates.
(3) The State GovemmenV State Urban and Country Planaing Board may amalgamate two or more Planning areas into one Local Planning Area, sub- divide a Local Planning area into different Local Planning areas, and include such divided areas in any other Local Plaming area.
(4) Ths State Govemment/ State Urban and Country Plaming Board may by notification dfect that all or any ofthe rules, regulations, orders, directions and powers made, issued, conferred and in force in any other Local Planning Area at the time, with such exceptions and adaptations and modifications as may be considered necessary by the State CovemmenV State Urban and Country Planning Board, shall apply to the area under this section and such rules, regulations, byeJaws, orders, directions and powers shall fonhwith apply to such Local Plarming Area without further publication.
(5) When Locat PlanningAreas are amalgamated or sub- divided, or such sub- divided area are included ir othrr Local Planning Areas, the State Covemment / State Urban and Country Planning Board shall, after consulting, the Local Planning Autho ties, ftame a scheme determining what portion of the balance of the fund of the I-ocal Plaming Authority shall vest Local Planning
Areas & Local
Planning
Authoriry
9
8. (l)
(2)
)2
in the Planning Authority or Authorities concemed and in what manner the properties and liabilities of the Local P lanning Authoriry or Authorities shalI be apportioned amongst them and on the scheme being notified the fund, property and liabilities shall vest and be apponioned accordingly.
The State Govemment/ State U6an and Country Planning Board may, by notification withdraw from the operation ofthis Act, the whole or a part of any Local Planning Area declared there under. When a notification is issued under this section in respect ofany Local Planning Area :
Power to
withdraw Local
Planning area
from operation
ofthis Act :
Local Plarmiag I
Authoriry.
(i) ThisAct and all notifications, rules, regulations, orders, directions and powers issued, made or conferred under this Act, shall aease to apply to the said area :
(ii) The State Govemment shall, after consulting the Board and Local Planning Authority or Authoriri€s concerned, frame a scheme determining what portion ofthe balance ofthe fund ofthe Local P lanning Authority shall vest in the State Government, and the Local Authority orAuthorities concemed and in what manner the properties and liabilities ofthe Local Planning Authorities shall be apportioned between the Stat€ Govemment, and the Local Autho ty or Authorities and on the scheme being notihed the fund, property and liabilities ofthe Local Planning Authority shall v€st and be apportioned accordingly.
(1) As soon as may be, after declaration of a Local Planning Area, the State Government in consultation with the Board, shall by notification in the Ofhcial Gazette constitute for the purposes ofthe performance ofthe fi.mctions assigned to it, an Authority to be called the Local Planning Authority ofthat area, havingjurisdiction over that area having adequate representatives &om Local Bodies.
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(2) Every Local Plarning Authority shall be body corporate by the name aforesaid having perpetual succession and a common seal with there to acqu e, hold and dispose ofproperty both moveable and irnmovable and to confact and shall by the said name sue and be sued.
(3) The State Governrnent, may by notification in the Official Gazette constitute the Local Plannirg Authority with Chairman, Vice- Chairman and Members as deemed fit tom time to time under this section.
(4) The Assistant Town Planaer, Town Planning shall be the Member Secretary to the Local Planning Authority till a Towr Planner is appointed and posted to discharge the duties and responsibilities of the Member Secretary of a Local Planning Authority. The Town Planning/ Assistant Towrt Plarner appointed under this Act shall possess such educational qualifications from any rDstrtution as recognized by the Institute of Town Planner, India.
(5) The Local Ptanning Authority may, ifneed be felt, constitute a Sub-Divisional Planning Authority , with prior approval of the State Urban and Country Planning Board to discharge the power and functions of Local Planning Authority in the Sub-Divisional level, subject to following conditions-
(i) The Local Planning Authority corcemed may, ifit thinks fit, ovemrle the decisions ofSub. Divisional Ptanning Au&ority and exercise its power and functions to discharge the duties assigned to it under this Act.
(ii) The Local Planning Authority may, if it is of the opinion that the continued existence of Sub-Divisional Planning Authority is not necessary, may
recommend dissolution of the Sub- Divisional Ptanning Authority to the State
Termof office10. and conditions of service of the members of
Local Ptanning Authority.
Functions and ll powers of the Local Plaming Authority.
Meeting of
I-ocal
Planning
Authorities
21
Urban and Country Planning Board. The State Urban and Country Planning Board shall dissolve such Sub-Divis ional Planning Authority.
(6) The Chairman Ar'ice Chairman and members of Sub-Divisional Plaming Authority shall be entitled to receive such allowances as may be fl\ed by the State Government.
(7) All other rules which is applicable to the Local Planning Authority shall also be applicable to the Sub-DivisionaI Plandng Authoriry The term of office and conditions of service of the Chairman and Members of the Local Planning Authorities shall be such as will be prescribed and they shall be entitled to receive such allowances as may be fixed by the State Government as deemed necessary from time to time.
Subject to the provisions ofthis Act, the rules framed there under and any directions which the State Coverrunent/ State Urban and Country Plaruring Board may give, the functions of every Local Planning Authority shall be, and it shall have power to prepare-
(a) a existing Land UseMap-
(b) a interim Development Plan-
(c) a comprehensive Development Plan-
(d) to prescribe uses of land within ils area and for these purposes it may carry out or cause to be ca[ied out surveys of its plandng area and to prepare report or reports of such surveys; and to perform any other function which is supplemental, incidental orconsequential to any ofthe functions aforesaid or which may by prescribed.
(l) Each Local Ptanning Authority shall meet oncein every 3 (Three) months or quarterly in a year, at such times and places and shall, subject to the provisions of sub-sections (2) and (3), observe such procedure in regard to the transaction of business at its meetings as may be prescribed by regulations.
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12
(2)
(3)
(4)
13. (l)
(2)
25
The Chairman or in his absence. the Vice-Chairman ifany or in the absence ofthe Chairmanand of the Vice-Chairman, any member chosen by the members from amongst themselves, shall preside at a meeting ofthe Local Plaruring Authoriry All questions at a meeting ofthe Local Planning Authority shall be decided by a majority of the votes of the members present and voting, and in the case of an equality of votes, the person presidhg shall have a second or castirg vote. Minutes shall be kept ofthe names ofthe members present and ofthe proceedings at each meeting in a book to be kept for this purpose, which shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection, by any member during office hours. The State Urban and Country Planning Board and Local Planning Authority may associate with itself in such manner and for such and for purposes as may be prescribed by rules any person/officers from !'arious Dspartrnents ofthe State Govemment, whose assistance or advice it may desire in performing any is functions under this Act. In the event ofnon- availability of requisite experts/professionals &om the various Government Departments, the .State Urban and Country Planning Board and Local Plaruing Authority may hire Professionals/Firms/ experts in tle Field from outside for specific purpose or outsource as deemed necessary from nme o time with such remuneration and allowances as mav be fixed by the Board.
Any person associated with it by the Local Plarufng Authority under sub-section - (l) for any purpose shall have a right to take part in the discussions of the Local Planaing Authority relevaDt to that pupose but shall not have a right to vote at a meeting and shall not be a member for any other purpose. Temporary
association of
persons with
State Urban
and Country
Planning Board
the Local and
Planning
Authority for
particular
purposes.
Staffofthe Local Planning Authority. Preparation of present Land use map and register.
Notice of the preparation of the map and register
(3)
14. (l)
(2)
26
The Officers as mentioned in the sub-section (l), on requisition oftheir sen ices by the State Urban and Country Planning Board and Local Planning Authority, shall oomply forthwith such requisition orders without fail.
Subject to prior approval of the State Urban and Country Planning Board and such control and restdctions as may be prescribed by rules, any Local Plarming Authority may appoint such number of officers and employees or may engage State Govemment Officials/O ffrcersas may be necessary for the efficient performance of its functions and may determine their designations and grades/ salaries, allowances and honorarium etc. The Officers and employees ofthe Local Plannirg Authority shall be entitled to receive such salaries and allowances and honorarium to the State Government Officials/Ofiicers if engaged pardy as maybe lxed by the Local Planning Authority and shall be govemed by such terms and conditions of service as may be determined by rules and regulations made in this behalf.
CHAPTER-IV
Presenl Land Use Map
15. As soon as may be, after its constitution every Local Plarning Authority/Sub-Divisional Planaing Authority shall. not later tha[ six months after its coostitution or within such time as the State Govemment/State Urban and Country Planning Board may, from time to time extend, prepare a Present Land Use Map (hereinafter calledthe Map) and a Land Use Register in the form to be prescribed indicating the present usc of every piece ofland in the Local PlanningArea.
16. (1) After the preparation of the map, the Local Planning Authority shall publish a public notice ofthe preparation ofthe Map and the Register and of the place or places where copies of the same may be inspected inviting objections in writing from any person with respect to the Map and Register within l5 days of the publication of such notice.
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(2)
(3)
(4)
(5)
17. (r) 2',7
Provided that. il a Map or a Regist€r or both ofthe area is prepared by the Government before the application of this Act to that area, the map or the Register already prepared shall be deemed to be a Map and a Register under section 15 subject to such reviews as deemed necessary for the properplaming and regulation ofurban and rural areas.
After the expirl. of the period mentioned in sub- section (1), the Town Planner/Assistant Town Planner orany other Officer engaged by the Local Planning Authority for the purpose shall, after allowing a reasonable opporhrnity ofbeing heard to all tle persom who have filed the objections make a report to Local Planning Authority. The Local Planning Authority shall consider such report as mentioned at sub-section (2) and may make such modifications in the Map or Register or both as it considers proper and adopt the Map and the Register by a resolution.
As soon as may be, after the adoption of the Map and the Register, the Local Planning Authority shall publish a public notice of the adoption of the map and the Register and the place or places where the copies of the same may be inspected and shall submit copies of the map aud the Register to the State Urban and Country Planning Board.
A copy of such public notice shall also be published in the Offrcial Gazette. Thepublication of the copy of the public notice in conclusive evidence that the N,lap and Register has been duly prepared and adopted.
Where by vifue of the foregoing provisions of this chaptei a Map and a Register is tobe prepared, then-
(a) rfwidrin the period prescribed or within such period rvhich the State Gor.ernment/ State Urban and Countiy Planuing Board has extended, no map or Register has been prepared, OR
The power of
the stat€
government/
State Urban and
Country
Plarming Board
in case of
default of the
Local Planning Authority to prepare the map and register. hterim
Development Plan.
18. (1)
2lt
(b) if at any time the state Govemment/ State Urban and Country Planning Board is satisfied that the Local Planning Authority is not taking steps necessary to prepare such a Map ard a register within that period, the State Government/ State Urban and Country Plaming Board may direct the Director of Towa Planning/ ChiefTown Plarmel to prepare the Map and the Register by itself or by engaging Professionals/ Experts in the field by hiring their services as per existing rules.
(2) After preparation ofthe Map and the R€gister, fie Director ofTown Planaing/ ChiefTown Plarmer of Towl Plaruring shall submit the same to the State Urban and Country Planning Board, and the State Uftan and Country Plaruring Board shall follow the procedure and exercise the powers of the Local Planning Authority under section I 6.
(3) Any expenses incurred under this section in connection with the making of the Map and the Register with respect to the area ofa Local Planning Authoity shall be paid by the Local Planning Authority from their own fund/resources or allocated earmarked fund for the purpose by the State Government.
CII,APTR-V
Development Plans
As soon as may be, after the declaration ofa Local Planaing Area, the Local Planning Authority shall, not later than one. year after such declaration or within such time as the State Govemmen, State Urban and Country Planning Board may, tom time to time extend. prepare, after consultation with the Local Authorities concemed, if any and submit to the State Urban and Country Planning Board and the State Government/ State Urban and Country Planning Board, a plan (hereinafter called the
"Interim Development Plan") for the planning area or any of its parts and such other area or area contiguous or adjacent to the plaming area as the State Governmentl State Urban and Country Plaming Board may direct to be included in the Interim Development Plan.
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29
(2) The Interim Developm€nt Plan shall-
(a) indicate broadly the marner in which the Local Planning Authority proposes that land in such area should be used.
(b) allocate areas or zones of land for use- (D forresidential,commercial, industrialand agricultural purposes;
(ii) for public and semi-public open spaces, parks and play grounds ;
(iii) for such other purposes as the Local Planning Authority may think fit ;
(c) indicate, define and provide-
(i) for existing and proposed national highways, anerial roads, ring roads, and major streets i
(ii) the existing and proposed other lines of communication. including railways, airports, canals ;
(d) include regulations (hereinafter called zoning regulations) to regulate within each zone the location, height, number ofstory and size of buildingsand other struchues, the size of yards, courts and other open spaces, ald the use ofbuildings, structures, and land.
(3) The Interim Development Plan may indicate, define and provide for-
(i) the existing and proposed public and semi- public buildings; and
(ii) all or any ofthe purposes and matters as may be indicated, dehned and provided for in the comprehensive development plao under sectiotr19.
19. (l) As soon as maybe, after the declaration ofa Local Planning Area, the Local PlandngAuthority shall, but not later than 3 years after such declaration or within sucb time as the State Golemment/ State Urban and Country Planning Board may, from time Comprehensive
Development
Plan.
l0 to time, extend, prepare after consultation with the Local Authorities concemed, and submit tothe state Government /State Urban and Country Planning Board a plan (hereinafter called
"Comprehensive Development P1an") for the planning area or any of its parts and such other area or areas contiguous oradjacent to the planning area as the State Government/ State Urban and Country Planning Board may direct to be included inthe Comprehensive Development Plan.
(2) The Comprehensive Development Plan shall-
(a) indicate, dehne and provide for all the matters that have to be or may be indicated, dehned and provided for in the lnterim Development Plan with such modifications as the plarning authority deems fit ;
(b) indicate. define and provide for- (D areas resirve for agriculture, public and semi- public open spaces. parks playgrounds, gardens and other re- creational uses, green belts and natural reserves ;
(ii) comprehensive land allocation ofareas or zones for residential, commercial, industrial, agricultural, artd other purposes ;
(iii) complete road and street pattern and traffic circulation pattem for present and future requirements ;
(iv) major road and street improvements ;
(v) area reserved for public buildings and instrlutrons and [or new civic devclopment;
{vi) arcas for funue development expansion. and areas lor new howing :
(r,ii) amenities, scrvices and utilities ;
(viii) all such matters as may be prescribed by the rules or may be directed by the State GoverDment' State Urban and Country Planning Board to be indicated, defined, and provided for ;
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31
(c) lnclude zoning regulations to regulate within each zone, the location, height, number of storey and size of buildings and other structures, the size of yards, courts and other open spaces and the use of buildings, structures and land ;
(d) Indicate th€ stages by which the plan is proposed to be carried out.
(3) The Comprehensive Development Plan may-
(a) indicate. define and provide for-
(t) all such matters as the Local Planning Authonty may consider expedient to be indicated, defined and provided for in the development plan I
(iD detailed development ofspecific areas for housing, shopping centers, lndustrial area and cultural institutions.
(iii) contol ofarchitectural features, elevation and &ontage ofbuildings and structures
(b) designate, as land subject to acquisition for any public purpose, and in particular, but without prejudice to the generality of this provision for the purpose of-
(i) the Union of India, the State, Local Authorities or any other Authority established by law and public utility concerns;
(ii) dealing satisfactorily with the area ofbad layout or obsolete development and slum areas and provision for relocation ofpopulation;
(iii) the provision ofopen spaces, parks and playgrounds ;
(iv) securing the use ofthe land in the nranner specified in the development r,.r.
(v) any ofthe marters as are rc', r(u . . ,. sub-section (2);
Development 20 Planprepared prior to the application of this Act to be deemed
Development Plan under this Act.
Power ofstate governmenV
State Urbar and Country Planning Board in case of
default ofLocal Planning
Authority to prepare
Development Plan.
32
(4) Subject to the provisions of the rules made under this Act for regulatiflg the form and contents of the Comprehensive Development Plan, any such plan shall include such maps and such descriptive matters as may be necessary to explain and illustrate the proposals in the development plan.
Ifthe Government has prepared a DevelopmentPlan for the plannhg area before the application ofthis Act to that area, the development plan already prepared may be deemed to be a development plan under section l8 or section 19 ofthis Act subject to reviews as deemed n€cessary for the proper planaing and regulations of the Local Planning Areas by the Local Planning Authority.
21. (l) Where, by virhre of the foregoing provisions of this Act, a development plan is to be prepared-
(a) Ifwithin the period prescribed or within such period which the State Government / State Urban and Country Planning Board has extended, no development plan has been prepared. oR,
(b) if at any time the state Government/ State Urtran and Country Plarming Board is satished that the Local Planning Authority is not taking steps necessary to prepare sucha
dev€lopment plan within that period, the State Government/ State Urban and Country Planning Board may direct the Director of Town Planning/ ChiefTown Planner, ofTown Planning, to prepare the developmentplan by itself or by hiring Professionals/Experts/ Consultants in the field as per rules.
(2) After prcparation ofthe dwelopment plarl tre Director of Town Planning/ Chief fbwn Planner of Town Planning shalt submit the dwelopment plau to the State Govemment/ Stat€ Urban and Counfy Planning Board and the State GovemmsoV State Urban and Country Pla.ning Board shall follow the procedure and exercise the powers of the Local Planning Authority under secti ons-22,23 ,24 and25 .
20
(3) Any expenses incurred under this section in connection with the preparation of the Development Plan for the Planning area ofLocal Planning Authority, shall be paid by the Local Planning Authoriry from their own fund, resources available to Local Planning Authodty. CIIAPTER-VI
Procedure lor Approval and Preparation of Develop- ment Plan.
22. (t) As soon as may be, after the Development Plan has been submitted to the State Govemmeny State Urban and Country Planning Board, but not later than the tirrle prescribed by the rules, the State Government/ State Urban and Country Planning Board may direct the concern Local Planning Authority to make such modifications in the development plan as the State Goverunent/ State Urban and Country Planning Board thinks fit and thereupon the Local Planning Authority shall make these mbdifications.
Consent of the
State Govem-
menV State
Urban and
Country
Plaruring Board
to the publica-
tion ofnotice of
preparation of
Development
Plan
(2)
23. (l) The State Govemment/ State Urban ard Country Plarning Board shall, after the modifications, ifany, have been made, give its consent to the publica- tion ofa public notice under section 23 (l), ofthe preparation ofthe Development Plan to the Con- cem Local Planaing Authority.
As soon as may be, after the Local Planning Authority had received the consent of the State GovernmenV State Urban and Country Planning Board to the publicatio[ ofthe notice undersection 22 (2), the Local Planning Authority shall publish the public notice ir the Official Gazette and in a local newspaper, of the preparation of the Development Plan and the place or places where copies of the same may be inspectcd. irrviting objections in writing from any person... .1' '-',rec:
to the Development PIan within such p.ricias may be specified in the notice:
Public notice of
the preparation
of the Devel-
opmentPlan.
21
Approval by the State Govemment/ State Urban and Country Planning Board.
3.1
Provided that such period shall not beless than 2 months from the date the notice is pub- lished in the Official Cazene
(2) After the expiry ofthe period mentioned in sub- section (1), the Local Planning Authority shall appoint a Committee consistrng ofthe ofiicers from District Administration, Department of Urban Development and Town Planning and not less than two ofits other memlrcIs, to consider the objections filed under sub-section 23 (1) and report on them within such time as the Local Planning Authority may hx in this behalf.
(3) The Committee so appointed shall have powe. to co-opt any other person. such co-option being subject to the provision ofsection-13.
(4) Such Committee shall allow a reasonable opportunity of being heard, to any person, including representatives of Government Departments or Local Authorities, who has frled aay objection, and u'ho has made a request for being so heard.
(5) As soon as may be, after the receipt of the Report from the Comminee, but not later than th€ time prescribed by the rules, the Local Planning Authority shall consider the report ofthe Committee and may make such amendments in the I)evelopment Plan as it considers proper, ald shall submit the Der.elopment Plan with or without modifications together with the report of the Committee to the State Urbanand Cou[try Planning Board.
24. As soon as may be, after the submission ofthe Devel- opment Plan, but not later than the time prescribed by the rules, the State Goverrunent/ State Urban and Coun- try Planaing Board, may either approve the Develop- ment Plan or may approve it, with such modifications, as it may consider necessary or may return the Devel- opment Plan to the concem Local PlallIliIlg Authority to modify the plan or prepare a fresh plan in accor- dance with such directions as the State Govemment/ State Urban and Country Planaing Board may issue in this behalf.
22
35
25.( 1) Immcdiately aftcr the Development Plan has been approved by the State Govemmen, State Urban and Country Plandng Board, the Local Planning Autholity shall publish a public notice in the Offlcial Gazette and in a local newspaper, of the approval ofthe development plan for inspection.
(2) From the date ofpublication ofthe aforesaid notice in the Oflicial Gazette the DevelopmentPlan shall come into operation.
(3) After the coming into operation of the Comprehensive Development Plan, the Interim Development Plan shall stand modified or altered to the extent the proposal in the Comprehensive Development Plan are at variance wifi t}te lnterim Development Plan.
26. At any time after the date on which the Development Plan for an area comes into operation, and at least once in every 10 years after that date, the Local Planning Authority shall, after carrying out such fresh surveys as may bc considered necessary or directed by the State Govemment/ State Urban and Country Planning Board prepare after consultation with the Local Authorities concemed, ifany, and submit to the State Government/ State Urban and Country Planning Board, a Development Plan for any alteration or additions considered necessary by the Local Planning Authority to lhe Development Plan in operation.
Theprovisions ofSection-23.24 and 25 with such modifications as may be necessary shall apply to such a Development Plan.
27. lf the State Govemment/ State Urban and Country Planning Board is satisfied that a grave emergencyexists which necessitates the suspension ofany Development Plan or part of any Development Plan, it may, by a notification in the Official Gazette, suspend any Development Plan or any pan ofit.
Conrng inlo
operation ofthe
Development
Plan.
Amendment of
Development
Plans.
Suspension of
Plan in emer-
gency by State
Govemment,
State Urban
and Country
Planning
Board.
Use and 28 Development ofland to be in conformity with Development Plan.
Prohibition of Development without
payment of
Development charges and without
permission.
29
36
CIIAPTER.\'U Control of Development and Use of Land After the coming into operation of any Development Plan in any area: no pe6on shall use or permit to be used any land or carry out any development in that area otherwise than in conformity with such Develop- ment Plan.
Provided that the Local Planning Authority,may allow the continuance, for a period not exceeding l0 years, of the use, upon such terms and conditions as rnay be prescribed by the rcgulations made in this behall ofany land for the purpose and to the extend, for and to which it is being used on the date on which such Development Plan came into operation.
(l) After the application ofthis Act to any area and subject to the provisions relating to the development charge and other provisions of this Act, no development, institution or change ofuse, of any land shall be undertaken or carried out in that area-
(a) without obtaining a certificate from the Local Planning Authority certifying thatthe development charge as leviable under this Act has been paid or that no such development charge is leviable; and
(b) without obtaining the permission in writing as provided for hereinaft er:
Provided that no such permission shallbe necessary-
(i) for carrying out such works for the maintenance, improvement or other alteration ofanybuilding, which affect only the interior ofthe building or which do not materially affect the extemal appearance ofthe building.
(ii) for the carry,rng out by the Central or tle State Govemment orany I-ocalAufiority of any wor*s required for the maintenance or implovement of a highway, road or public sfeet, b€ing works carried out on land within the boundaries ofsuch highway, road or public street;
24
37
(iii) for the carrying out by Cental or the State Govemment or any Local Authority of any works for the purpose ofinspection. repairing or renewing any drains. sewers. marns. pipes. cables or other apparatus including the breaking/ open ofany steet or other land for that purpose;
(iv) for the excavations (including wells) made in the ordinary coune ofagriculnual opentions
(v) for the construction of un-metalled road intended to give access to land solely for agricultural purposes ;
(vi) for normal use of land which has been used' temporarily for other purposes ;
(vii) in case ofland, normally used for one purpose and occasionally used for any other purpose or for the use of land for that other pur!,ose on occasions ;
(viii) for use, for any purpose incidental to the use ofa building for human habitation, orany other building or land attached to such building.
(2) Any person or body (excluding a department of Central or State Govemment or Local Authority) intending to carry out any development on any land shall make an application in writing to the Local Ptanning Authority for permission in such forms and containing such particulars aod accompanied by such documents and plans as may be prescribed by the rules or regulations-
Provided that in the case ofa Departnent of Central or State Government or Local Authority (where the Local Authority is not also the Plaming Authority) intending to carry out any development on any land, the concemed departrnent or authority, as the case may be, shall notifu in writing to the Local Plaruring Authority of its intention to do so, giving full particulars thereofand accompanied by such documents and plans as may be prescribed by State Governrn€nt/ State Urban and Country
33
Planning Board. At least, one month prior to the undertaking of such development where a Local Planning Authoriry has raised any objection in respect ofthe con[ormrry of*re preparation. or to any ofthebuilding bye-laws in force at the time, or due to any other material consideration, under sub- section (4), the Department orthe authority, as the case may be, shall-
(i) either make necessary modifications itr the proposals for development to meet the objections raised by the State GovemmenV State Urban and Country Planning Board / Local Planning Authority, or
(ii) submit the proposals for development together with the objections raised by the Local Planning Authority to the State Govemmen, State Urban and Country Planning Board for decision.
The State Governmenu State Urban and Country Ptaming Board on receipt ofthe proposals for development together with the objectioN of the Local Planning Authority, shall in consultation with the Director ofTown Plaoring/ ChiefTown Planner, either approve the proposals with or without modifications or direct the concerned Department or LocalAuthoriry as the case may be, to make such modihcations in the proposals as they consider necessary in the circumstances. The provisions ofsub-section (3) shall not apply in this case.
(3) On such application having been duly made, and on payment ofthe development charge as may be assessed under Chapter- VIII,
(a) the Local Plannrng Aurhority may pass an order-
(i) granting permission unconditionally ; or
(ii) granting permission subject to such conditions as it may think fit ; or
(iii) refusing permission ;
39
(b) without prejudice to the generality of the foregoing clause, the Local
Planning Authority may impose conditions-
(i) to the effect that the permission granted is only for a limited period and after the expiry ofthat period, the tand shall be restored to its previous condition or the use of the land permitted shall be discontinued ;
(ii) for regulating the development ofuse of any other land under the control of the applicant or for the carrying out of works on any such land as may appear to Local Planning Authority expedient for the purpose of the permitted development.
(4) The Local Planning Authority in dealing with the applications for permission shall have regard to-
(i) the provisions of the Development Plan, if it has come into operation
(ii) the proposals or provisions which it thinks are likely to be made in any Development Plan under preparatioq or to be prepared ; and liii) any other material consideration.
(5) Vr'hen permissioo is granted subject to conditions or is refused, the grounds ofimposilg such refusal be recorded in th6 order.
(6) Any such order shall be communicated to the applicant in the mallner prescribed by regulations.
(7) The Local Ptanning Authority may, by a resolution, delegate any of its functions and powers under this section to-
(a) any Local Authority,
(b) any ofhcer of the State Governmetrt with previous approval of the Govemment for such delegation, or
Appeal agaimt grant of
permission subject to conditions or refusal of Permission.
30.(1)
40
(c) any officer ofthe Local PlarLning Authoriry or Local Authority as may be mentioned therein. , in such cases and subject to such conditions, ifany. as may be specified therein. Any applicant aggrieved by an order passed under the last foregoing section, or if no order is passed under sub-section (2) ofthe last foregoing section, may appeal witlur one month of the communication of that order to him, or after the expiry ofthe aforesaid period of three months, in the manner and accompanied by such fees as may be prescribed by the rules, to the State GovemmenV State Urban aud Country Planning Board.
(2) The State Goverrunenv State Urban and Country Planning Board, after receiving the app€al, may give a reasonable opportudty to the appellant and the concem Local Planning Authority to be heard or any other person appointed by the State Govemment/ State Ufuanand Country Planning Board on their behalf to give a reasonable opporhrnity to the app€llant and the Local Planning Authority concemed to be heard and to submit thereafter his report on the appeal to the State Govemment/ State Urbanand Country Planning Board.
(3) After hearing the appellant and the Local Planning Authority concemed or after considering the aforesaid report the State Govemment/ State Urban and Country Planning Board may pass an order dismissing the appeal or accepting the appeal by -
(i) granting permission unconditionally : or
(ii) granting permission subject to such condi- tion as it may think fit : uod
.
(iii) removing the conditions subject to which permission has been granted and
(vi) imposirg otber conditions, if any as it may think fit.
28
4l
(4) The State Coverrunen, State Urban and Country Plaoning Board may, by a resolution, delegate any of its functions and powers under this section to the Secretary, State Urbal and Country Planning Board, in such cases and subject to such condi- tions, ifany as maybe specified therein.
31. Every permission for any development granted under this Act shall remain in force for three years only from the date ofsuch permission:
Provided that the State Government/ State Urban and Country Planning Board and Local Planning Au- thority may, on application made in this behalfbefore the expiry ofthe aforesaid period, extend such period for such time as it may think proper; but such extended period shall in no case exceed three years:
Provided further that such lapse shall not bar any subsequent application for fresh permission under this Act-
32.( I ) Where any person, interested in the land aggrieved by an order in appeal under section -30 refusing to grant permission to develop the land or granting permissio[ subject to conditions, claims -
(a) that the land has become incapable of reason- able beneficial use ir the existing state or
(b) in a case where permissionto develop the lard was granted subject to conditions, that the land cannot be rendered capable to reason- ablybeneficial use by carrying out the permit- ted development in accordance with these conditions, he may within three months and in the manner prescribed by the rules, serve on the State Govemment a notice (hereinafter re- ferred to as an acquisition notice) requirhg the State Govemment to acquire his interest in the land.
(2) A copy of such notice shall at the same time be served on the State Urban and Country Planning Board and the I-ocal PlanningAuthority concemed. Lapse of
permission
Obligation to
acquire on
refusal of
permission, or
on grant of
permission in
certain cases.
29
42
(3) After receiving notice under sub-section (l), the State Govemment shall appoint a person who shall give reasonable opportunity to the persor interested serving the acquisition notice, the [,ocal Planning Authority concemed, and after hearing shall submit a report thereon to the State GovemmenV State Ufuan and Country Planning Board; after receiving such report, the State Govemmenl/ State Urban and Country Planning Board,
(a) (i) ifsatisfied that the conditions specified in clause (a) or (b) of sub-section (l), are not fulfilled,
or
(ii) if the order appealed against was passed on the ground of not complying with any provisions ofthisAct, rules or regulations that may be applicable, shall pass an order refusing to coofirm the notice;
(b) if satisfied that the conditions specified in clauses(a) or (b) ofsub-section (1) are fulfilled regarding the land or any part ofthe Iand, shall pass an order;
(i) confirming the notice:
or
(ii) directing the Local Plaming Authority to grant such permission to develop the land or grant the permission subject to such conditions as will keep the land capable of reasonably benefi cial use.
(4) Ifwithin the period of3 (tfuee) years from the date on which an acquisition notice is served under sub-section( 1), the State Govenment/ State Urban and Country Planning Board have not passed any order under the last foregoing sub-section,the notice shali be deemed to have been confirm€d at the expiratior of that period.
+i
(5) I-pon conflrmation ofthe notice under cither ofthe t\r,o last foregoing sub-sections, the State GovemmentiState Urban and Country Planning Board shall proceed to acquire the land or that part of any land regarding u,hich the notice has been conhrmcd widrin 3 (three) years ofthe confirmation of the acquisition notice.
33. (1) Where an order in appeal under seation -30, refusing to grant permission. or gralting, permission subject to conditions, relates to any of the following developments -
(a) the re-erection of a building which has been destroyed or demolished so long as the cubic content ofthe original buildingis not exceeded by more than one-tenth:
(b) the enlargement, improvement or other alteration of any building which was in existence on the date, a development plan relating to the area comes into operation for the first time, so long as the cubic content of the original building is not exceeded by more than one-tenth;
(c) the carrying out, on land used for the purposes of agriculture, of any building or other operation required for that purpose, other than operations for the erection, enlargement, improvement or alteration of a building for human habitation or ofbuilding used for the purpose ofmarketing ofthe produce of land;
(d) where any part ofany building or other land which on the date of coming into operation for the f[st tim€ ofa developmentplan relating to the area is used for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth ofthe cubic cortent ofthe part ofthe building used for that purpose on that day, or as the case may be, one-tenth ofthe area of the land so used on that date, the owner may, witiin the time and in the mamerprescribed by rules under rhis Act claim upon the Local Plaming Compensation
forrefusal of
permission or
grant of
permission
subject to
conditions in
certail cases.
31
.+,+ Authority, if he has not been served an acquisition notrce. or lf the acquisition is not confirmed by the State Govemmeny State Urban and Country Planning Board under Section -30, compensation for such refusal or for grant ofpermission subject to conditions :
Provided that no compensation shall be claimable ifsuch refusal or grant ofpermission subject to condition was based on any provision ofany Development Plan.
(2) The compensation shall be equal to -
(a) where permission is refused, the difference between the value of the land as if the permission had been granted and the value of the land in irs exrstirg state:
(b) where permissior is granted subject to conditions. The difference between the value of the land as if the permission had been granted unconditionally and the value ofthe land with the permission granted subject to conditions.
(3) W1ten a claim is received by the Local Planning Authority, a special oficer with suficient knowl- edge on the subject nominated for the purpose shall. after giving an opportunity ofbeing heard to the applicant, make a report to the Local Plafffng Autho ty.
(4) The Local Plaming Authority shall, after consider- ation of the aforesaid report, assess the compen- sation and offer it to the owner
(5) If the owner does not accept the compensation and gives notice, within such time as may be pre- scribed, of his refusal to accept, the Local Plan- ning Authority shall refer the matter for the abdi- cation ofthe Court and the decision ofthe Court shall be final aad binding on the owner and the Local Planning Authoriry
32
34. (1)
45
Ifit appears to the Local Planning Authority that it is expedient having regard to the Development Plan, prepared, under preparation or to be prepared and to any other material considerations, that a permission to develop land granted under this Act or any other law, it should be revoked or modified, the Local Planning Authoriry may, by order. revoke or modifo the permission to such extent as appears it to be necessary:
Provided.that:-
(a) where the permission relates to the carrying out ofbuilding or other operations, no such order,
Powerof
revocation and
modification of
permission to
develop .
(D shall affect such ofthe operations as have been previously carried out;
(ii) shall be passed after these operations have been completed ;
(b) where permission relates to a change ofuse of land, such order shallbe passed at any time after the change has taken place.
(2) When permission is revoked or modified by an order as under the last foregoing section, if the owner claims from the Local Planning Authoriry within the time and in the manner prescribed compensation for the expenditure incurred in carrying out the work after the grant ofpermission and in accordance with such permission which has been rendered abortive by the revocation or modification, 0re Local Plaruring Authority shall after giving the omer reasonable opportunity of being heard offer such compensation to the owner as it tbinks fit.
(3) Ifthe owner does not accept the compensation and gives notice within such time as may be prescribed, of his refusal to accept, the Local Planning Authority shall refer the matter to the adjudication ofthe Court and the decision of the Court shall be bindiug aud final on the owner and the Local Plan.ir!r Ailtlt^ritv
33
Penalty for unauthorized development or for use otherwisethan in conformity with the
development plan.
46
35. (l) Any penon whether at his own instance or at the instance of any other person or anybody commences, undertakes or carries out development, institutes or changes any use of any land -
(a) in conka\ention ofany development pian ;
(b) without obtaining a certificate regarding development changes under section29( 1) (a) ;
(c) without permission as required under this Act ;
(d) ia contravention of any condition subject to which permission has been granted ;
(e) after the pemrission for development has been revoked under section 34 ; or
(f) in contravention of the permission which has been modified undcr section 34, shall be punishable with a tine which may extend to twenty thousand rupees, and in the case ofa continuing offence with a further fine which may extend to five hundred rupees for every day during which the offence continue after convrction for the first commission of the offence or imprisonment of three months or both.
(2) Aay person *'ho continues to use or allows the use ofany land orbuilding in contravention ofthe provisions ofa Development Plan without having been allowed under section 28, or rvhere the continuance of such use has been allowed under that section. continues such use after the period for which the use has been allowed or without complying with the temts and conditions under whichthe continuance ofsuch use is allowed, shall be punishable with a fine which may extend to twenty thousand rupees and in the case of a continuing offence with a funher fine which may extend to five hundred and fifty rupees for every day during which such offence continues or imprisonment of three months periods after conviction for the first comnission ofthe offence or both.
34
41
36. (1) Where any development ofland has been carried out as described in section 35, the Local Planning Authority may, within four years of such deve)opment. serve on the owncr a notlce requiring him, within such period, being not less than one month, as maybe spccified therein, aftcr the service ofthe notice, to take such steps as may be specified in the notice,
(i) in case speciired in clause (a), (c), or(e) thereof to restore the land to its condition before the said development took place ;
(ii) in cases spccified in clause (d) or (f) thereofto secure compliance with the conditions or with the permissiou as modified ;
(iii) in case specified in clause (b) to pay the development charge and such penalry ifany, as may be prescribed by the Rules, and, in particular, any such notice may, for the purpose aforesaid require
(i) the demolition or alteration ofany buildings or works ;
(ii) the carrying out on land, of any building or other operations ; or
(iii) the discontinuance to any use ofland ; Provided that in the case the notice requires the discontinuance of any use of land the Local Planning Authority shall serve a notice on the occupier also.
(2) any person aggrieved by such notice may, within the said period and in the manner prescribed -
(a) apply for permission under section 29, ofthis Act for the retention on the land ofany build- ings or works or for the continuance of ary use ofthe land, to rvhich the notice relates; or
(b) appeal to the State Governmer, State Urban and Country Planning
Board.
(3) (a) the notice shall be ofno effect pendurg thc final determining orwithdrawal ofthe appl ,. ionor the appeal.
Power to
require removal
ofunauthorized
development.
48
(b) (i) the provisions ofthe foregoing sections 29 and 30 shall apply to such application with such modifications as may be necessary.
(ii) ifsuch permission as aforesaid is granted on that application the rotice shall not take effect, or if such permission is granted for the retention orfy of some buildings or works or for the
continuance ofuse ofonly a part ofthe land, the notice shall not take effect regarding such buildings or works or suchpart ofthe land, but shall have full effect regarding other buildings or works or other parts of the land.
(4) On an appeal made to the State Govemmen, State Urban and Country Planning Board under sub- section (2), the DirectorTown Planning/ ChiefTown Planner, as the Secretary to the State Urban and Country Plaming Board or any othe! person appointed by him in their behalfshall, alier allowing a reasonable opportunity of being heard to the appellant and the Local Planning Authority concerned, submit his report to the State Govemmenf/ State Ulban and Country Planning Board.
(5) After considering the aforesaid repod, the State Govemment/ State Urban and Country Planning Board may dismiss the appeal or accept the appeal by quashing or varying the notice as it may think fit.
(6) Ifwithin the period specified in the notice or within such period after the disposal orwithdrawal ofthe application forpermission or the appeal under the sub-section (2), the notice or so much of it as continues to have effect, orthenotice with variation made in appeal, is not complied with, the Local Planning Authority may
(a) prosecute the owner for not complying with the notice and in the case where the notice required the discontinuance ofany use ofland, any other pe6on also who uses the land or causcs or permits the land to be used in contravention of the notice and;
19
(b) (i) in the case of a notice requiring the demolition oralteration ofany building or works or carrying out of any building or other operations, itselfcause the rcstoration of the land to its condition before the development took place and secure the compliance with the conditions of the permission or with the permission as modified, by taking such steps as the I-ocal Planning Authority may consider
necessary including demolition or alteration of any building or works of carrying out of any building or other operations .
(ii) The Local Plaruring Authority shall recover the cost of any expenses incurred by it in this behalf from the owner as arrears of land revenue.
(7) Any peIson prosecuted under sub-section 6 (a) shall be purishable with a lure which may extend to twenty thousand rupees, and in the case of continuing offence, wittr a fi,uther lure of Rupees five huadred every passing day during which such offence continues or imprisonment of three months period aftsr conviction for the fint commission ofdrc offence or both including confiscation of the said land.
37. (1) Where any development of land as described in Section 35 is being carried out but has not been completed, the Local Planaing Authority may serve on the owner and the person carrying out the development a notice requiriag the development of land to be discoltinued from the time ofthe service of such notice.
(2) where such notice has been served, the provisions ofsub-sections(4) and(5) ofsection 36 shall ap- ply with such modificatioo as may be necessary:
Provided that provisions ofclauses(a) ofsub- section (3) ofsection-36 shall not apply ard in spite of the filing of an application for permissionfor development or an appeal as provided in sub- section (2) ofsection 36, the notice shall continue to have fulleffect.
Power to stop
unauthorized
development
and requisition
ofPolice.
Power to require removal ofauthorized development of use.
50
(3) Any person. who continues to carry out the development of land, whether for himself or on behalfofthe omer or any othcrperson, after such noticehas been served shall be punishable with a fine which may extend to hventy thousand rupees. and r,r hen tle non-compliance rs a continurng one. with a further fine which may extend to fir,e hundrcd rupees for every day after the date of thc serving ofthe notice during which the non-compliance has continued or continues or imprisonment of three months period ftonl date ofconviction for the first commission ofthe offence or both.
(4) Ifsuchnotice is not complied forthwith the Local Planning Authorit-v or such officer of the Local Planning Authority, who may be authorizcd in this behalf, may requisition anypolice ollicerto remove such person and all assistants and workmel from the land at any time after the servicc ofsuch notice and such police officer shall comply with the requisition accordingly.
(5) After the requisition under sub-section (4) has been complied with. the Local Planning Authority or such officer ofthe Local Planning Authority who may be authorized in his behalf, may if he thinks fit, depute by a wriften ordel apolice officer orany officer or employee of the Local Plaming Authority to watch the land in order to ensurc that the development is not oontinued.
(6) Wbere a police officer or an officer or employee of the Local Planning Authorify has been deputed under sub-section (5) to watch the land. the cost of such deputation shall be paid by thc person at whose instance such development is being continued or to whom notice under sub-section
(1) was given and shall be recoverable from such person as arrcars ofland reveirue-
38. (l) Ifit appears to a Local Planning Authoriry that it is expedient in the interest ofproper planning of its areas (including the interests ofamenities) having regard to the Development Plan prepared or under preparation, or to be prepared, and to any other material consideration -
38
51
(a) that any use of land should be discontinued ; or
(b) that any conditions should be imposed on the continua[ce thereof ; or
(c) that any buildings or works should be altered or removed the Local
Planning Authority may, by notice served on the owner, -
(i) require the discontinuance ofthat use, or
(ii) impose such conditiors, as may bc speci- fied in the notice on the continuance thereof; or
(iii) requae such steps, as may be specified rn the notice tobe taken for the alteration orremoval ofany buildings orworks, as the case may be, within such period, being not less than one month, as may be specihed therein. after the service of the notice.
(2) Any person aggrieved by such notice may within the said period and in the manner prescribed, appeal to the Board / Authoriry
(3) lfan appeal is filed under the last foregoing sub- section the provisions ofclause(a) ofsub-section
(3) and sub-section (4) and (5) ofSection 36 shall apply with such modifications as may be neces- sary.
(4) Ifany person (D u ho has su ffered damage in consequcnce of the compliance with the notice, by the depreciation of any interest in thc land to which he is entitled to or by being disrurbed in his enjolirncnt ofthe land or
(ii) who has carried out any works in compliance with the notice claims from the Local PlanningAuthority, within the time and in the manner prescribed compensation in respect of that damage or of any expenses reasonably incurred
52
(5)(a) by him for complying with the notice the provisions of sub-sections (3) to (5) of section 33 shall apply with such modifications as may be necessary. ifany person interested in the land in respect of whicha notice is issued under t}is section claims that by the reason of the compliance with the notice the landwill become i-ncapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal ofthe appeal, ifany hled under sub-section (2) and in the manner prescribed, serve on the State Goverrunent, and acquiring his interest in the land to be acquired.
When a rotice is served under the last foregoing sub-section the provisions of sub- sections (2) to (5) of section 32 shall apply with such modifications as may be necessary. (b)
CTI,\PfER-VIII
Levy, Assessment and Recovery oJ Development Charge, Levy of
developmeot
charge..
3e. (l)
(2)
Subject to the provisions ofthis Act, and the rules so made under it and with previous sanction ofthe State Government/ State Urban and Country Planning Board, every Local Ptanning Authority shall by a notification published in the Official Cazette, levy a charge (hereinafter called Development Charge) on the carrying out of any development or the institution or change ofuse of land, for which permission is required under Chapter VI of this Act, in the whole or any part of the planning area, at rates specified in section 40:
Provided that the rate may be different for different parts of the plaming area. The charge shall be leviable on any person who undertakes or carries out such development and institutes or changes any such use.
53
(3) Notwithstanding anything contained in sub- sections (1) and (2), no development charge shall be levied on development or institution ofor change ofuse ofany land vested in or uflder the control or possession of the Central Govemment/State Govemment or any Local Authoriry
(4) The State Govemment/ State Urban and Country Planning Board, may by rules provide for the exemption Aom the le\y ofthe development charge any development, or institution or change of any use ofany land specified in the rules;
40. The Developmert Charge shall not exceed; Rates ofthe
(l) (a) For the institution ofuse: 1:]t]:o*t"charge. @ for residenc Rs.................... 5/. persq. met€r.
(ii) for industry Rs......--.......... 50/- persq. meter.
(iii) for commerce Rs................. 25l- per sq. meter.
(b) For change ofuse:
(i) from agriculnrre to residence... Rs.25l- per.sq. meter.
(ii) from agriculture to industry... Rs.50/-persq meter.
(iii) from agriculnre to commerce... Rs.25l- persq. meter.
(iv) from residence to industry ... Rs.50lpersq. meter.
(v) from residence to commerce... Rs.25l- per.sq. meter.
(vi) from industry to residence... Rs.50/- per.sq. meter.
(vii) from industry to commerce ... Rs.25l-persq. meter.
(2) For carryrng on ofdevelopment ... by erection or re-erection ofany building of works.
Rs.5/- per cu
bic meter ofthe
content of
such building
orworl
Note: The amount may be reviewed by theGovernment from time to time.
Assessmenr of 4l development
charge.
54
(1) Any person who intends to carry out any development or to institute or change any use of any land for which permission under ChapterVl is necessary! u'hether he has applied for such permission or not, or who has commenced the carrying out ofany such development orhas carried out such developrnent or instituted or changed any such use, shall apply to Planning Authority ,{.ocal Planning Authority in the manner prescribed for the assessment ofdevelopment charge payable in respect thereof.
(2) The State Urban and Country Planning Board I Local Planning Authority shall, on such application being made, or ifno such application is made, after serving a notice on the person liable for development charge, dctermine whether or not and ifso, what development charge is leviable in respect ofthat development or use.
(3) The Special Officer nominated for the purpose shall after giving a reasonable opporhrnity of being heard to the person who has made an application under sub-section( l) or who has been served with a notice under sub-section (2) make a report to the Local Planning Aufiority and State Urban and Country Planning Board.
(4) After taking into consideration the aforesaid report the Local Planning Authority and State Urban and Country Plaruring Board shall assess the amount ofdevelopment charge by an order
Provided that -
(a) where permission under Chapter-Vll has not been granted for carrying out the said development, the District ljrban Development and State Urban and Country Planning Board may postpone the assessment of the development charge:
(b) wherc the application relates to the carrying out of any development, the Local Planning Authority and State Urban and Country Planning Board may refuse to assess the
42
(5)
(6)
42.(1)
(2)
(3)
5l
development charge payable in respect thereof, unless it is satisfied that the applicant has an interest in the land sufhcient to enable him to carry out such development,or that the applicant will carry out the development within such period as the Local Planning Authority and State Urban and Country Planning Board considers appropriate;
(c) Where the application relates to the institution or change of any use the Local Planning Authority and State Urban and Country Planning Board may refirse to assess the amount of development charge in respect thereof unless itis satisfied that thc use will be instituted within such period as the Local Planning Authoriry considers appropriate. The Local Planning Authority and State Urban and Country Planning Board shall deliveror serve a copy ofsuch order on th€ appliaant or the person liable for the development charge
Sucb order of assessment. subject to provisions of section 42, shall be final and shall not be questioned in any court.
Ifanyperson, liable for such development charges is dissatisfied with the order ofassessment, he may, within such time and in such manns as may be prescribed appeal to the State Govemment/ State Urban and Country Planning Board.
On an appeal made to the State Government/ State Urban and Country Planning Board under sub- section( I ), the Director'Iown Planning/ ChiefTowa Planner, as the Secretary to the State Govemmen, State Urban and Country Planning Board, shall after giving reasonable opportunity ofbeing heard to such person and the Local Planning Authority concerned make a report to the State Governme[, State Urban and Country Planning Board. The State Goverrunenv State Urban and Country Planning Board may after taking into consideration Appeals
against
assessment.
Development 43 charge to be a charged on land to be recoverable as arrears ofland Ievenues.
Funds of the hcal Planning Authority.
56
the aforesaid report and if it deems necessary, giving a reasonable opportunity ofbeing heard to such person and the Local Planning Authority concemed, pass such order as it deems fit.
(l) Ifany development ofland is cornmenced or carried out or any use is instituted or changed without payment of the amount of the development charge assessed under the provision of this chapteq the amount ofthe development charge shall subject to prior payment ofthe land revenue, ifany be a first charge upon the interest of the person so liable in the land on rvhich development has been commenced or caried out or the use has been instituted or changed, aad also in any other land in which such person has any interest.
(2) The development charge shall be recoverable as arrears of land revenue.
CIIAPTER_D(
Finance,Accounts, andAudit
44. (1) Every Local Plaruring Authority shall have and maintain is own fund to which shall be credited -
(a) All moneys received by the Local Planning Authority from the State Covemment by way of grants, loans, advances, or otherwise;
(b) All devetopment charges or other charges or fees received by the Local Planning Authority under this Act or rules or regulations made thereunder;
(c) All moneys received by the Local Planning Authority from arly other source.
(2) The tund shall be applied towards meeting
(a) The expendinrre incurred in the administration of this Act;
(b) The cost ofacquisition ofland in the planning area for purposes ofdevelopment ;
(c) The expenditr.re for any development of land in the plaming area, and
(d) The expenditure for such other purposes as the State Government/ State Urban and Country Planning Board may direct.
44
5'.7
(3) Every Local PlanningAuthority may keep in current account of the State Bank of lndia or any othar bank approved by the State Govemment/ State Urban and Couutry Planning Board in this behalf such sum of money out of its funds as may be prescribed by the rules and any money in excess ofthe said sum shall be invested in such manner as may be approved by the State Governmen, State Urban and Country Plaming Board.
(4) The State Governmenv State Urban and Country Planning Board may, make such grants, advances and loans to any Local Planning Authority as it may deem necessary for the performance of the functions under this Act; and all grants, loans and advances made shall be on such terms and condi- tions as the State GovemmenV State U6an and Country Planning Board may determine.
45. Every Local Planning Authority shall prepare in such form and at such time every year as may be prescribed by the rules a budget in respect of the hnancialyear next e[suring showing the estimated receipts and expendinue of the Local Planaing Authority ard shall forward to the State Govemmenv State Urban and Country Plaffring Board and the State GovernmenV State Urban and Country Plaming Board such number ofcopies thereof as may be prescribed by rules.
46. (1) Every Local Plaruring Authority shall maintain proper accouots and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as the State Govemment may by rules prescribe
(2) Thc accounts of every Local Pla[ning Authority shall be subjected to audit annually by the Accountant General of the State and any expenditure incurred by him in connection with such audit shall be payable by the Local Planning Authority to the Accou[tant General.
(3) The Accountant General or any person appointed by him in connection with the audit ofaccounts of the Local Plaruring Authority shall have the same right. privilege and authority in cormection with Budget of the
Local Plaruring
Authority.
Accounts
and Audit.
45
Annual Repons
5S
such audit as the Accountaot General has in connection with the Government accounts and in particular shall have the righl to demand the production of books accounts, connected vouchers and other documents and papers and to inspect the o{Iice ofthe Local Planning Authority.
(4) The aocounts of every Local Planning Authority as certified by the Accountant General or any other persor appointed by him in this behalf together with the audit report thereon shall be forwarded arurually to the State Govemmen, State Urban and Country Planning Board .
a7. (l) The State Governrnenv State Urban ard Country Planning Board shallprepare for every year a report of its activities during that year and submit the report to thc State Go\€rtunen, Slate Urbafl aIId Country Planning Board in such form and on or before such date as may be prescribed by mles and the Govemment shall cause a copy ofthe repofi to be laid before the State Legislatwe.
(2) Every Local Plannirg Authority shall prepare for everyyeara report ofi* activities during that year and submit the report to the State Govemment/ State Ulban and Country Planring Board and the State Govemmenv State Urban and Country Plan- ning Board in such fomr on or before such date as may be prescribed by rules.
48. (1) EveryLocal Plaruring Authority shall constihrte for the benefit ofits &hole time paid members and of its officers and other employees, in such manner and subject to such conditions as maybeprescribed by rules, such pension and provident funds as it may dcem fit.
(2) Where any such pension or provident fund has beeo constituted, the State Government' State Ur- ban and CountryPlanning Board may declare that theprovisions or the Govemment Provident Funds Act, 1925. shall apply to such fuld as if it were a Government Provident Fund.
Pension and
provideut
funds.
46
jg CHAPI'ER_X Supplemental and Miscellaneous Provisions 49.( I ) The Director Town Planning./ ChiefTown Plannel as the Secretary to State Urban Development & Planning Authority or any other Oflicer of Local Planning Authority or any person authorized by the State Governmen, State Urban and Country Planning Board or any Local Planning Authority in this behalf may enter into or upon any land or building with or without assistants or workmen for the purpose of-
(a) making any enquiry inspection, measurement or survey or taking levels of such land or building :
ft) setting out boundaries and intended lines of work;
(c) marking such levels, boundaries and lines by placing market and cutting tenches;
(d) examining works under construction and as- certaining the course of sewers and drains ;
(e) digging or boring into fte sub-soil; (0 ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules on regulations thereunder ;
(g) doing any other acts necessary for the efncient administration of this Acq Provided that -
(i) in the case of any building used as a dwelling house or upon any enclosed part or garden attached to such a buildingno such entry shall be made (unless \Yith the consent of the occupier thereof) without giving such occupier at least 24 hours notice in writing ofthe intention to enter:
(ii) sufficient opportunity shall in every instalrce be given to enable women (if any) to withdraw from such land or buildinq'
Power on entry.
47
Service of Notice etc.
60
(it) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.
(2) The power of the Director Towlr Planning/ Chief Town Planner, as the Secretary State Urban De- velopment & Planning Authority under sub-sec- tion( I ) shatl extend to the whole ofthe State and the power ofany other officer ofany Local PIan- ning Authonty under sub-section (l) shall extend only to its plaffing area and such other area which the State Govemment/ State Urban and Country Planning Board may have directed to be included in a Development Plan.
(3) Any person rvho obstructs the entry of a person empowered or authorized under this section to enter into or upon any land or building or molests such person after such enky shall be punishable with imprisonment for a term which may extend to six months Or with fine which may extend to five thousand rupees, or with both.
50. (1) All documents including notices and orders requted by this Act or any rule or regulation made there under to be served upon any person shall, save as otherwise provided in this Act or rule or regulation, be deemed to be duly served
(a) Where the document is to be served on a Governrnent Department railway. Local Authority, statutory authority, company, corporation, society or other body, if the document is addressed to the head of the Govemment deparhnent, General manager of the railway, Secretary or Principal offrcer of the Local Authority, Statutory Authority, Company, Corporation, Society or any other body at its Principal branch, local or registered oIIice as the case may be and is either
(i) sent by registered post to such office;or
(ii) delivered at such office;
48
5l
(b) Where the person to be served is a partner- ship ifthe document is ad&essed to the part- nership at its principalplace ofbusiness, iden- tifuing it by the name or style under which its business is carried on, and is either -
(i) sent by registered post, or
(ii) delivered at the said place ofbushess ;
(c) In any other case ifthe document is addressed to the person to be served and
(i) is given or tendered to him, or
(ii) if such person cannot be found is affixed on some conspicuous
part ofhis last known place ofresidence or business or is given
or tendered to some adult member ofhis family or is affxed on
some conspicuous part of the land or building to which it
relates, or
(iii) is sent by registered post to that person.
(2) Any document which is required or authorized to be served on the owner or occupier ofany land or building may be addressed "the owner" or "the occupier", as the case may be, of that land or building (naming or describing that land or building) without further name or description, and shall be deemed to be duly served -
(a) ifthe document so addressed is sent or deliv- ered in accordance with clause (c) of sub-sec- tion (l) ; or
(b) ifthe document so addressed or a copy thereof so addressed, is delivered to some pelson on the land or building.
(3) Where a docuDent is served on a parmership in accordance with this section, the document shall be deemed to be served on each partner.
49
Public notice how to be made known.
62
(4) For the purpose ofenabling any documents to be served on the owner of any property, the Secre- tary to the State Urban and Country Planning Board./Local Planning Authority/Sub-divisional Planning Authority or any other officer authorized by the State Urban and Country Planning Board / Local Planning Authority /Sub-divisional Planning Authoriry, in this behalfmay by notice in writing iequire the occupier (ifany) ofthe property to state the name and address ofthe owner thereof.
(5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member ofhis family shall be deemedto be served upon the minor
(6) A servant is not a member of the family within the meaning of this section.
51. Every public notice given under this Act or rules or regulations there under shatl be in writing over the ' signahrre ofthe Chairman/ Secretary to the State Urban and Country Planning Board and Chairman/Member Secretary Local Planning Authority/Sub-divisional Planning Authority or such other officer who may be authorized in this behalfby the State Urban and Country Planning Board/ Local Planning AutholitylSub- divisional Planning Authority shall be widely made known in the locality to be affected thereby by affxing copies thereofin conspicuous public places within the said localiry or by publishing the same bybeat ofdrum or by advertisement in a local newspaper and by such other means which the Chaiman/ Secretary to the State Urban and Country Planning Board and Chairman/ Member Secretary , Local Plarming Authority/Sub- divisional Planning Authority thinks fit.
52. Where any notice order or other document issued or made under this Act or any rule or regulation made there under requires an),thing to be done for the doing ofwhich no time is fixed in this Act or nrle or regulations there under the notice order or other document shall speci! a reasonable time for doing the same. Notices etc. to
fx reasonable
time.
50
63
53. All permissions, orders, decisions, ootices and other documents of the State Urban and Country Planning Board and any Local Planning Authority shall be authenticated by the signature bf the Chairman/ Secretary to the State Urban and Country Planning Board or Chairman/ Member Secretary of the Local Planning Authority or such other officer as may be authorized by the State Urban and Country Planning Board, or the Local Planning Authority in this behall
54. A copy ofany receipt, application, plan, notice, order, entry in register, or other document in the possession ofthe State Urban and Country Plaming Board or any Local Platrning Authoriry, ifduly certified by the legal keeper thereof, or otherperson authorized by the State Urban and Country Planning Board or the Local Planning Authority in this behalf, shall be received as prima facie evidence of the existence of the entry or document and shall be admifted as evidence ofthe matters and transaction therein recorded in every case where, and to the same extent as, the original entry or document would, ifproduced have been admissible to prove such matters.
55. No Chairman/ Secretary,4\4ember Secretary, member or ofEcer or servant of the State Urban and Country Planning Board or any Local PlanrLing Authoriry shall in any local proceeding to which the State Urban and Country Planaing Board or Local Planning Authority is not a party be required to produce and register or document the contents of which can be proved under the preceding section by a certified copy, or to appeal as a witness to prove the matters and transactions recorded therein, unless by order ofthe Court made for special cause.
56. (l) Ifthe person committing an offence under this Act is a company, everyperson, who at the time the offence was committed was in charge ofand was responsible to, the company for the conduct ofthebusiness ofthe company. as well as the company, shall be deemed to be guilty of the offence and shall be liable to tre pr('ce( ded against and punished accordingi-v:
Authentication
of orders and
documents of
the State Urban
and Country
Plarning Board
and the Local
Planning
Authoriry
Mode ofproof
ofrecords of
the State Urban
and Country
Ptanning Board
and the Local
Planning
Authodry
Restriction on
the summoning
of ofhcers and
servants of the
State Urban and
Country Plan-
ning Board and
Local Planning
Authority.
Offences by
Companies.
Penalty for obstructing Contractor or removing mark.
64
Provided that nothing contained in this sub- section shall render any such person liable to any punishment provided in this Act if he proves that the offence was commifted without his knowledge ofthathe exercised all due diligence to prevent the commission of such offence.
(2) Nonvithstanding anything contained in sub-sec- tion (l) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or convenience ofor is attributable to any neglect on the part ofany Directoq Managel Secretary or other officer ofthe company such Director, Manager, Secretary orotherofficers shall be liable to bepro- ceeded against and punished accordingly. Explanation For the purpose of this section
(a) "company" means a body corporate and in- cludes a firm or other association of individu- als ; and
(b) "directof' in relation to a firm means a partner in the firm.
57. If any person -obstructs, or molests any person engaged or employed by the State Urban and Country Planning Board or any Local Plaruring Authority/Sub- divisional Ptanning Authority, or any penon with whom the State Urban aod Country Planning Board or the Local Ptanning Authority has entered into a contract in the performance or execution by such person of his duty or ofany thing which he is empowered or required to do under this Act, or removes any mark set up for the purposes ofindicating any level or direction necessary to the execution of works authorized under this Acl he/she shall be punishable with fine which may extend to ten thousand rupe es or with imprisonment for a term which may extend to six months orboth.
58. No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction ofthe State Ulban and Country Planning Board or the Local Planning Authority concemed or any officer authorized by the State Urban and Country Planning Board or the Local Planning Authority in this behalf. Sanction of
prosecution-
52
65
59. (1) The State Urban and Country Plaruriag Board or the Local P Ianniflg Authority concemed or aay person authorized in this behalfby general or special order may either before or after the iruititution of the proceedings comiound any offence made
punishable by or under this AcL
Compound of
offences.
(2) When an offence has been compounded, the of- fender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.
60. No Court inferior to that ofa magistrate ofthe fint class Jurisdiction of shall try an offence punishable under this Act. Courts.
62. All hnes realized in cormection with prosecution under Fine when this Act shall be paid to the Local Planning Authoriry realizedto be concemed l,.d,iu"*'Authoriry
61. Not withstanding an,.thing contained in section 29of the Code ofCriminal Procedure, 1973; it shall be lawful for any Court of a Magistrate ofthe fiIst class topass any sentence authorized by this Act in exercise of its power under the said section.
63 . Every member and every officer and other employee of the State Uftanand Country Ptaruring Board and every Local P lanning Authority /Sub-divisional Planning Au- thority shall be deemed to be a public servant within the meaning ofsection 21 ofthe Indian Penal Code.
64. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or iotended to be done under this Act or any rule or regulations made there under
65. Save as otherwise expressly provided in this Act, every order passed or direction issued by the State Urban and Country Planning Board / Chairman/ Secretary to the State Urban and Country Planning Board or order passed or notice issued by any Local Planning Author- ity under this Act shall bc frnaland shall not bc que{- tioned in any suit or other lcgal proceeding. Magistrate's
power to
impose
enhanced
penalties.
Members and
officers to be
public servants
Protection of
action taken in
good faith.
Fhality of
orders.
Validation of acts and
proceedings. Power to
delegate.
66
66. (1) No act done or proceeding takcn und€r this Act shall be questioned on the ground merely of '-
(a) the e stence ofany vacancy in, or any defect in the constitution of the State Urban and Country Ptanning Board or any Local Plan- ning Authority;
(b) any person having ceased to be a member;
(c) any person associated with the State Urban and Country Planaing Board or any Local Planning Authority under section 13 having voted in contravention of the said section; or
(d) the failure to serve a notice on any person, where no substantial injustice has resulted ftom such failure: or
(e) any omission, defect or iregularity not affect- ing the merits ofth€ case.
(2) Every meeting of the State Urban and Country Planning Board and any Local Planning Author- ity,the minutes of the proceedings ofwhich have been duly signed as prescribed in sub-section (4) ofsection 6 and section (4) ofsection 12 shall be taken to have been duly convened and to be free &om alldefecs and irregulariry.
67. (l) The State Urban and Country Planning Board may, by a resolution, direct that any power exercisable by it underthisAct, rules orregulations there under may also be exercised by any Local Planning Authority, Local Authorit-v, or any officer of the State Urban and Country Planning Board or the State Government with previous consent of State GovemmenV State Urban and Country Planning Board / Local PlanningAuthority or Local Authority as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
(2) The DirectorTown Plannirg/ ChiefTown Planner, in the capacity ofSecretary to the State Urban and Country Planning Board, may by an order in rriting delegate any power exercisable by him under this
54
61
Act, rules orregulations to any officer ofthe State Urbanand Country Planning Board or the State Govemment or any Local Plaming Authority or Local Authority in such case and subject to such conditions, if any, as may be specified therein.
(3) Ary Local Planning Authority may, by a resolution dtect that any power exercisable by it under this Act. rules, or regulations there under except the power to prepiue any developmentplan or to make regulations, may also be exercised by a Local Authority or any officer ofthe State Govemment/ State Urban and Courtry Planning Board with previous consent of State Govemment/State Urban and Country Planning Board or Local Authority as may be mentioned therein, in such cases and subject to such conditions, if any as may be specihed therein.
(4) The Oflicer from Directorate of Town Plaming of any Local Planning Authority may, by an order in writing, delegate any power exercisable by him under this Act, rules or r€gulations to any officer ofthe Local Planning Authoriry or Local Authority concemed, in such cases and subject to such conditions, ifany as may be specifred therein.
68.(1)
(2)
The Local Planning Authority shall carry out such dtections as may be issued from time to time by the State Govemment/ Secretary to the State Urtan and Country PlaDning Board for the efEcient administra- tion ofthis Act and every Local Planning Authority shall carry out such directions as may be issued from time to time by the Secretary to the State Urban and Counky Plaoning Board for the purpose. If in connection with the exercise ofits powers and discharge of its functions by any Local Planning Authority under this Act, any dispute arises between the Local Ptanning Authority and any other Local authorities or parties, the decision of the State Urban and Country Plao ng Board on such disputes shall be final.
Conftol by the
State Govem-
ment/State
Urban and
Couotry
Planning
Board.
Re nrms and information. Effect ofthe laws.
Power to make rules.
68
69. Every Local Planning Authority shall fumish to the State Urban and Country Planning Board such reports, retums and oth€r information as the State Urbafl and Country Planning Board may from time to time as required.
70.( I ) Save as aforesaid, the provisions of this Act and the rules and regulations made there under shall have effect notwithstanding anything inconsistent therewith contained in any other law.
(2) Notwithstanding anything contained in any such other law-
(a) When permission for development in respect ofany land has been obtained under thisAcq such development shall not be deemed to be unlawfully undertaken or carried out by rea- son only ofthe fact that permission, approval or sanction required under such other law for such development has not been obtained;
(b) When permission for such development has not been obtained under this Act such development shall not be deemed to be lawfutly undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained.
71. (l) The State Govemment /State Urban and Country Planning Board may, bynotification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) ln panicutar and without prejudice to the general- ity ofthe foregoing power such rules mayprovide forall or any ofthe following matters, namely-
(a) the functions and powers ofthe State Urban and Country Planning Board and Local Plan- ning Authority;
(b) the term ofofhce and conditions ofservice of the Chairman and members of the State Urban and Countly Planning Board and Local Plaming Authority .
56
69
(c) the qualification and disqualification for being chosen as and for being members ofthe State Urban and Country Planaing Board or Local Planning Authority.
(d) the time and place ofholding and the proceduro to be followed in meetings ofthe State Urban and Country Planning Board ;
(e) the functions and powers, duties ofthe Ti:wn Planners/Architects/Engineers or any other professionals hired under section 13, the term ofhs officeand cooditions ofhis service;
(f) the marurer ofnomination ofrepresentatives of Local Authorities under section 9 (3)
(g) The manner in which and the purposes for which aqy State Urbanand Country Plarming Board /Local Plarning Authorities may asso- ciate with itselfany persons under section 13.
(h) the control and restriction in relation to the appointment ofofficers and other employees ofthe State Urban and Country Planning Board and ofLocal Planning Authonty.
(i) the time withir which the State Urban and Coun- try Plaruing Board is to direct modifications in, or to give its consent for publication of notice of preparation of and approval to any development plan;
O the form and content ofthe interim development plan and the comprehensive development plan and the procedue to be followed in connection with the preparation, submission and approval of such plans and the form and the manner of publication of the notice relating to such plan;
(k) the periodical amendment ofdevelopment plans, the period on the expiration of which such an amendment may be taken up, procedure to be followed in making such amendment;
(l) the form in which any application for permis- sion for development shall be made, the par- ticulaG to be fumished in such application and documents and plans which shall accompany such application;
(m) the form ofregistration ofapplication and the particulars to be contahed il such register;
7o
(n) the marurer of filing, and the fees to be paid for, and the procedure to be followed in, appeals;
(o) the manner in which an acquisition notice is to be served and claim for compensation is to be made, the time within which such claim is to be made and the procedure to be followed for assessment of compensation;
(p) procedwe for the lerry ofdevelopment charges and exemption from it on any development or institution or change ofany use ofany land;
(q) the marurer in which application ofthe assess- ment ofdevelopment charge is to be made;
(r) the sum ofmoney that may be kept in currenr account;
(s) the form ofthe budget oflocal Plaming Au- thorities, the date on or before which it shall be prepared, the marurer of preparing it, the number ofcopies that have to be sent to State Govemment/State Urban and Country Plan- ning Board ;
(t) the form ofthe arurual statem€nt ofaccounts and balance sheet;
(u) the form of the annual report of tlte State Ur- ban and Counay Planning Board and the date on or before which it shall be submitted to the State Government;
(v) the form ofthe amual report oflocal Plan- ningAuthorities and date on or before which it shall be submitted to be State Govemmen, State Urban and Country Planning Board;
(w) the marurer and the constinrtion ofprovident funds for the whole time paid members and offrcers and other employees oflocal Plan- ning Authorities/State Urban and Country Planning Board;
(x) and the conditions subject to which such funds may be constituted;
(y) the documents of which copies may be granted. lbe fees for such copies:
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(z) any other matter which has to be or may be prcscribed by rules.
72. The State Govemmenvstate U6an and Country Ptarming Board may make regulations consistent wift this Act and the mles made there undel to carry out the purpose of this Act and without prejudice to the generality ofthis power such regulations may provide for -
(a) the time and place ofholding and procedure to be followed in meetings of the Local Planning Authority/Local Authority, the number of members necessary to form a quorum therein;
(b) dre powers and duties ofthe officers and employees of the Local Planning Authority.&ocal Authority ;
(c) the salaries, allowances and couditions of service ofits officers and employees;
(d) The terms and conditions for the continuance of use ofany land use otherwise than in conformity with a development plan orperspective plan or an annual plan;
(e) The form of application, details of particulars, documents and plans and amount of fee to accompany the application.
(0 The principles, building bye-laws, guidelines, planning norms and standards, regulations, conditions and restrictions in accordance with which developments may be undertaken or regulated ; and
(g) Any other matter which has to be or may be prescribed by rules and regulations and or any matter for efficient adn -'istsation ofthe objectives ofthisAct.
73. Every rule made by the Govemment of Arunachal Pradesh under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Arunachal Pradesh, while it is in session, for a total period of ten days which may be comprised in one session or in two or more successive sessions and if, before the expiry ofthe session in which it is so laid or the session immediately following the session or the successive sessioris aforesaid, the Legislative
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Dissolution of Local Planning Authority
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Assembly makes any modi fication in the rule or resolves that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so however, that such modihcation or annulment shall be without prejudice to the validity of anything previously done under that rule.
74. (1) Where the State Government /State Urbanand Country Planning Board is satisfied that the purposes for which any Local Plaruting Authority was established under this Act have been substantially achieved so as to render the continued existence of the Local Plaruring Authority h the opinion ofthe State Govemment /State Urbanand Country Planning Board unnecessary the State Governmenvstate Urban and Country Planning Board, may, by notification in the Offrcial Gazette declare that the Local Plaruring Authority shallbe dissolved with the effect from such date as may be specified in the notification and the Local Plarning Authority shall be deemed to be dissolved accordingly.
(2) From the said date-
(a) alt properties, funds and dues which are vested in, or realizable by, the Local Planning Author- ity shall vest in, or be realizable by the State Govemmen, State Urban and Country Plan- ning Board;
(b) all liabilities which are enforceable against the Local Plaruring Authority shall be erforceable against the State Governrnen State Urban and Country Planning Board; and
(c) For the purpose ofrealizing properties, funds and dues referred to in clause (a), the firnctions ofthe plarning authority shall be discharged by the State Govemment/ State Urban and CountryPla ling Board.
Sunil Choudhury
Secretary to the
Govemment of Arunachal Pradesh,
Itanagar.
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