(1)This Act may be called the Maharashtra Regional and Town Planning Act, 1966.
In this Act, unless the context otherwise requires,-
(1) Subject to the provisions of this section, the State Government may, by notification in the Official Gazette, establish any area in the State, by defining its limits, to be a Region for the purposes of this Act, and may name and alter the name of any such Region. In any case, where any Region is renamed, then all references in any law or instrument or other document to the Region shall be deemed to be a reference to the Region as renamed, unless expressly otherwise provided or the context so requires.
(1) For the purpose of planning the development and use of land in the Region, the State Government shall, by notification in the Official Gazette, constitute a Regional Planning Board for the Region consisting of a Chairman appointed by the State Government; the Director of Town Planning (or a person nominated by him); such number of persons not exceeding four appointed by the State Government as are members of local authorities functioning in the whole or part of the Region; such number of persons 1[not exceeding ten] appointed by the State Government who in the opinion of that Government have special knowledge or practical experience of matters relating to town and country planning, engineering, transport, industry, commerce or agriculture 2[; a Town Planning Officer appointed by the State Government and such number of persons not exceeding four appointed by the State Government from the two Houses of the State legislature, representing the whole or part of the Region, so that not more than two members are appointed from each of the said Houses.
(1) 1[Subject to the provisions of sub-section (3), the term of office]and conditions of service of the members of a Regional Board shall be such as may be prescribed; and the members shall be entitled to receive such remuneration or allowances, or both, as the State Government may by order determine.
Any member of a Regional Board may at any time resign his office by writing under his hand addressed to the State Government, and upon the acceptance thereof, the office of the member shall become vacant.
In the event of a vacancy in the office of any member of a Regional Board, the vacancy shall be filled by the State Government, and the person so appointed shall hold office so long only as the member in whose place he is appointed would have held office, if the vacancy had not occurred.
Subject to the provisions of this Act and the rules and regulations made thereunder, it shall be the duty of a Regional Board-
(1) The Regional Board shall meet at such times and places as the Chairman may determine and may, subject to the provisions of sub-sections (2) and (3), make regulations for regulating its procedure and the conduct of its business :
(1) A Regional Board may, with the previous sanction of the State Government, associate with itself or consult such persons whose assistance or advise it may desire for the purpose of performing any of its functions under this Act. Such persons may be paid by the Regional Board such remuneration or fees as may be sanctioned by the State Government.
(1) For the efficient performance of its functions under this Act, a Regional Board, or an officer authorised by it, may appoint such officer and other staff as may be necessary. The officers and staff so appointed shall be entitled to receive such salaries or allowances, and shall be governed by such terms and conditions of service, as may be determined by the State Government.
All expenses incurred by a Regional Board, including expenses incurred on account of salaries, allowances, fees and other remuneration payable to its members and to its officer and other staff (not being salaried Government officers or staff) shall be met from such funds as may be placed at the disposal of the Board by the State Government.
Subject to the provisions of this Act and the rules and regulations made thereunder, a Regional Board shall, with a view to securing planned development and use of land in a Region, carry out a survey thereof, prepare an existing-land-use map thereof, and other maps as are necessary for the purpose of preparing the Regional plan, and shall, within such period or periods as the State Government may from time to time determine in this behalf, prepare a report of the surveys, prepare the Regional plan and such other documents, maps and information as the Regional Board may deem fit for illustrating or explaining the provisions of the Regional plan.
Subject to the provisions of this Act and any rules made thereunder for regulating the form of a Regional plan and the manner in which it may be published, any such Regional plan shall indicate the manner in which the Regional Board propose that land in the Region should be used, whether by carrying out thereon development or otherwise, the stages by which any such development is to be carried out, the net-work of communications and transport, the proposals for conservation and development of natural resources, and such other matters as are likely to have an important influence on the development of the Region; and any such plan in particular, may provide for all or any of the following matters, or for such matters thereof as the State Government may direct, that is to say-
(1) Every Regional plan shall be submitted to the State Government together with all connected documents, maps and plans for approval. The State Government may, within the prescribed period, by notification in the Official Gazette, either approve the Regional plan without modification for the whole Region, or any part thereof, or with such modifications as it may consider necessary, or reject the plan with a direction to the Regional Board to prepare a fresh plan according to such direction.
(1) Before preparing any Regional plan and submitting it to the State Government for approval, every Regional Board shall, after carrying out the necessary surveys and preparing an existing-land-use map of the Region, or such other maps as are considered necessary, prepare a draft Regional plan 1[and publish a notice in the Official Gazette and in such other manner as may be prescribed, stating that the draft Regional plan has been prepared. The notice shall state the name of the place where a copy of such plan shall be available for inspection by the public at all reasonable hours mentioned therein and that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price and invite] objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice, such date not being earlier than four months from the publication of the notice. 2[The notice shall also state that copies of the following particulars in relation to the draft Regional plan are also available for inspection by the public and copies thereof or extracts therefrom certified to be correct are also available for sale to the public at a reasonable price at the place so named, namely :-]
Immediately after a Regional plan is approved by the State Government, the State Government shall publish, in such manner as may be prescribed by rules as is calculated to bring to the notice of all persons concerned; and in particular, to all persons affected by the Regional plan, a notice stating that the Regional plan has been approved, and naming a place where a copy of the Regional plan may be inspected at all reasonable hours, 1[and stating also that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price,] and shall specify therein a date (not being earlier than sixty days from the date of publication of the said notice) on which the Regional plan shall come into operation and the plan which has come into operation shall be called the "final Regional plan".
1[(1) No person shall, on or after the publication of the notice that the draft Regional plan has been prepared or the draft Regional plan has been approved, institute or change the use of any land for any purpose other than agriculture or carry out any development in respect of any land without the previous permission,-
No compensation shall be awarded-
1[Revision or modification] of Regional plan.-(1) If the State Government at any time after a Regional plan has come into operation, but not earlier than ten years therefrom is of the opinion that revision of such Regional plan is necessary and there is no Regional Board for the Region to which plan relates, to undertake such revision, the State Government may constitute a Regional Planning Board under section 4, or a Regional Board may, with the previous approval of the State Government, also revise the Regional plan; and thereupon, the foregoing provisions of this Chapter shall, so far as they can be made applicable, apply to the revision of the Regional plan as those provisions apply in relation to the preparation, 2[publication of notice] and approval of a Regional plan.
A Development plan shall generally indicate the manner in which the use of land in the area of a Planning Authority shall be regulated, and also indicate the manner in which the development of land therein shall be carried out. In particular, it shall provide so far as may be necessary for all or any of the following matters, that is to say,-
1[22A.Modifications of a substantial nature.- In section 31, the expression "of a substantial nature" used in relation to the modifications made by the State Government in the draft Development Plan means,-
(1) A planning Authority shall, before carrying out a survey and preparing an existing-land-use map of the area as provided in section 21, by a resolution make a declaration of its intention to prepare a Development plan; and shall despatch a copy of such resolution with a copy of a plan showing only the boundary of the entire area proposed to be included in the Development plan to the State Government. 1[The said Officer] shall also make a similar declaration and submit a copy thereof to the State Government. The Planning Authority or the said Officer, as the case may be, shall also publish a notice of such declaration in the Official Gazette, and also in one or more local newspapers in the prescribed manner, inviting suggestions or objections from the public within a period of not less than sixty days from the publication of the notice in the Official Gazette.
1[Town Planning Officer.- Every Planning Authority shall, at the time of declaration of intention to prepare Development plan, resolve to appoint a person possessing such qualification as may be prescribed, to be the Town Planning Officer for carrying out survey of the area of a Planning Authority, preparing an existing-land-use map thereof and formulating proposals of Development plan of that area for submission to the Planning Authority. Thereafter, the Planning Authority shall, with the previous sanction of the State Government, appoint such person as a Town Planning Officer.]
After the declaration of intention of a Planning Authority or the said Officer to prepare a Development plan but not later than six months from the date of such declaration or not later than such further time as the State Government may from time to time extend, a Planning Authority or the said Officer shall carry out a survey of the lands within the jurisdiction of the Planning Authority and prepare an existing-land-use map indicating the existing use of land therein :
(1) Subject to the provisions of section 21, a Planning Authority, or the said Officer shall, not later than two years from the date of notice published under section 23, 1[prepare a draft Development plan and publish a notice in the Official Gazette, and in such other manner as may be determined by it stating that the Development plan has been prepared. The notice shall state the name of the place where a copy thereof shall be available for inspection by the public and that copies thereof or extracts therefrom certified to be correct shall be available for sale to the public at a reasonable price, and inviting objections and suggestions within a period of 3[thirty days] from the date of notice in the Official Gazette :
Where any area within the jurisdiction of a Planning Authority is included in a Region, the Planning Authority or as the case may be, the said Officer shall have regard to, and be guided by, the proposals made in any draft Regional plan or any final Regional plan, as the case may be, while preparing the draft Development plan :
(1) Subject to the provisions of this Act, if within the time allowed under subsection (1) of section 26 any person communicates in writing to the Planning Authority or the said Officer any suggestion or objection relating to the draft Development plan, the Planning Authority or the said officer may, after considering the report of the Planning Committee under sub-section (2) and the suggestions or objections received by it or him, modify or change the plan in such manner as it or he thinks fit.
1* * *
(1) The Planning Authority or as the case may be, the said Officer shall submit the draft Development Plan 1[along with the list of modifications or changes made in the draft Development plan under sub-section (4) of section 28 to the State Government for sanction within a period of six months] 2[from the date of publication of the notice in the Official Gazette regarding its preparation] under section 26 :
(1) Subject to the provisions of this section, and not later than 1[six months] from the date of receipt of such plan from the Planning Authority, or as the case may be, from the said Officer, 2* * * * the State Government may, after consulting the Director of Town Planning by notification in the Official Gazette sanction the draft Development plan submitted to it for the whole area, or separatley for any part thereof, either without modification, or subject to such modifications as it may consider proper, or return the draft Development plan to the Planning Authority, or as the case may be, the said Officer for modifying the plan as it may direct or refuse to accord sanction and direct the Planning Authority or the said Officer to prepare a fresh Development plan :
(1) Pending the preparation of a draft Development plan, a Planning Authority may, where it considers it expedient, and shall, when so directed by the State Government, prepare 1* * an interim Development plan for the entire area within the jurisdiction of the Planning Authority, or for any part thereof 2[and publish a notice in the Official Gazette and in such other manner as may be prescribed regarding its preparation]; and thereupon, the provisions of sections 25, 26, 27, 28, 3* * 30 and 31 shall, so far as may be, but subject to the provisions of this sections, apply in relation to such interim Development plan as they apply in relation to the preparation 4[and publication of notice] of a Development plan.
(1) Any time after 1[the publication of notice regarding preparation] of draft Development plan under section 26, a Planning Authority may prepare plan or plans showing proposals for the development of an area or areas which in the opinion of the Planning Authority should be developed or re-developed as a whole (hereinafter referred to as " the area or areas of Comprehensive development") ; and in particular, such plans shall provide for-
(1) If at any time after a Planning Authority has declared its intention to prepare a Development plan or after a Development plan prepared by a Planning Authority has been sanctioned, the jurisdiction of the Planning Authority is extended by inclusion of an additional area, the Planning Authority shall make a fresh declaration of intention to prepare a Development plan for the additional area; and after following the provisions of this Act for the preparation of a draft Development plan, 1[prepare a draft Development plan and publish a notice regarding its preparation], for such additional area either separately or jointly with the draft or final Development plan prepared or to be prepared for the area originally under its jurisdiction, and submit it to the State Government for sanction after following the same procedure as is followed for submission of a draft Development plan to the State Government :
If any Planning Authority has prepared a Development plan which has been sanctioned by the State Government before the commencement of this Act, then such Development plan shall be deemed to be final Development plan sanctioned under this Act.
If any Planning Authority has prepared a draft Development plan for the area within its jurisdiction before the commencement of this Act, such Development plan shall be deemed to be a draft Development plan for that area for the purposes of this Act, and thereupon, the foregoing provisions of this Chapter in relation to the submission of draft Development plan to the State Government for sanction shall mutatis mutandis apply.
37. 1[Modification] of final Development plan.-(1) Where a modification of any part of or any proposal made in, a final Development plan 2 * * *, the Planning Authority may, or when so directed by the State Government 3[shall, within ninety days from the date of such direction, publish a notice in the Official Gazette4[and in such other manner as may be determined by it] inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice ; and shall also serve notice on all persons affected by the proposed modification and after giving a hearing to any such persons, submit the proposed modification (with amendments, if any,) 5[to the State Government for sanction within one year from the date of publication of notice in the Official Gazette. If such modification proposal is not submitted within the period stipulated above, the proposal of modification shall be deemed to have lapsed:
1[37A. Power of State Government or Planning Authority to permit temporary change of user. - Notwithstanding anything contained in this Act or any other law for the time being in force, or in any judgement, order or direction of any Court or any draft or final Development plan, the State Government or the Planning Authority may, in respect of any plot of land reserved, designated or allocated for the purpose of playground in such draft or final Development plan, which is in the possession of the State Government or the Planning Authority, by an order issued from time to time, permit any organisation, body of persons or association to use such play-ground for functions organised on the occasions of Independence Day, Republic Day, Maharashtra Day and similar National events, and the Jayanties or Punnyatithies of National Leaders 2[, religious functions and public meetings], on terms and conditions specified by the State Government or the Planning Authority, as the case may be, in such order, for a period not exceeding 12 days at a time and 5[in any case not exceeding forty-five days in the aggregate, in a calender year] ; and such use shall not be deemed to be a change of user:]
At least once in 1[twenty years] from the date on which a Development plan has come into operation, and where a Development plan is sanctioned in parts, then at least once in 2[twenty years] from the date on which the last part has come into operation, a Planning Authority may 3[and shall at any time when so directed by the State Government], revise the Development plan 4[(either wholly, or the parts separately)] after carrying out, if necessary, fresh survey and preparing an existing-land-use map of the area within its jurisdiction, and the provisions of sections 5* * * 22, 23, 24, 25, 26, 27, 28, 6* * 30 and 31 shall, so far as they can be made applicable, apply in respect of such revision of the Development plan.
Where a final Development plan contains proposals which are in variation, or modification of those made in a town planning scheme which has been sanctioned by the State Government before the commencement of this Act, the Planning Authority shall vary such scheme suitably under section 92 to the extent necessary by the proposals made in the final Development plan.
1[40. Special Planning Authority for developing certain 2[notified areas].- (1) The State Government may, by notification in the Official Gazette 3* * * for any undeveloped area specified in the notification in this Act referred to as the notified area either-
(1) The State Government shall by an order in writing determine the amount which a local authority or each of the local authorities in respect of whose area the Special Planning Authority has been constituted shall pay as contribution either in lump sum or in such instalments as may be specified in the order, for meeting the expenses of the Special Planning Authority for the purposes of this Act.
On the coming into operation of any plan or plans referred to in this Chapter, it shall be the duty of every Planning Authority to take such steps as may be necessary to carry out the provisions of such plan or plans.
(1) The State Government may, by notification in the Official Gazette, withdraw from operation of the relevant provisions of this Act, the whole or part of any development area declared under section 42A.
(1) As soon as may be, after the declaration of a development area under section 42A, the State Government shall, by notification in the Official Gazette, constitute an authority for such area to be called the Area Development Authority of that development area for the purpose of carrying out the functions assigned to an Area Development Authority under this Act.
| Guardian Minister of the concerned Chairman | Chairman ; | |
| The Presidents of Zilla Parishads and Chairman of Panchayat Samitis Members ; functioning in the development area or in any part thereof | Ex officio Members ; | |
| Mayors of Municipal Corporations and Presidents of Municipal Councils, functioning in the development area or in any part thereof, | Ex officio Members ; | |
| Municipal Commissioners of Municipal Corporations and Chief Officers of ; Municipal Councils, functioning in the development area or in any part thereof, | Ex officio Members; | |
| The Collectors of Districts or their representatives not below the rank of ; Deputy Collector having jurisdiction over the development area or in any part thereof, | Ex officio Members ; | |
| Chief Executive Officers of Zilla Parishads or their representatives not ; below the rank of Deputy Chief Executive Officer, functioning in the development area or in any part thereof, | Ex officio Members ; | |
| The Chief Engineer of Maharashtra Jeevan Authority or his representative ; not below the rank of Superintending Engineer having jurisdiction over the development area or in any part thereof, | Ex officio Members ; | |
| Settlement Commissioner and Director of Land Records or his nominee not ; below the rank of Deputy Director of Land Records having jurisdiction over the development area or in any part thereof, | Ex officio Members ; | |
| Chief Executive Officer not below the rank of Joint Director of Town Planning or an Officer appointed by Government for Metropolitan Area and Deputy Director of Town Planning elsewhere, to be appointed by the State Government. | Member Secretary. |
The State Government may, instead of constituting an Area Development Authority for a development area, appoint any agency or authority or any company or corporation established by the State or Central Government to be the Area Development Authority for any development area.
(1) Every Area Development Authority constituted under section 42C or appointed under section 42D shall carry out such directions or instructions as may be issued, from time to time, by the Metropolitan Planning Committee or the District Planning Committee, as the case may be, within whose jurisdiction the notified area of the Area Development Authority, is situated :
(1) The powers and functions of an Area Development Authority shall be,-
(1) The State Government shall, by an order in writing determine the amount which an authority or authorities functioning in the development area shall pay as contribution, either in one lump sum or in instalments as may be specified in the order, towards the expenses incurred by an Area Development Authority, in the discharge of its functions.
After the date on which the declaration of intention to prepare a Development plan for any area is published in the Official Gazette 1[or after the date on which a notification specifying any undeveloped area as a notified area, or any area designated as a site for a new town, is published in the Official Gazette], no person shall institute or change the use of any land or carry out any development of land without the permission in writting of the Planning Authority :
1[(1)] Except as otherwise provided by rules made in this behalf, any person not being Central or State Government or local authority intending to carry out any development on any land shall make an application in writing to the Planning Authority for permission in such form and containing such particulars and accompanied by such documents, as may be prescribed :
(1) On receipt of an application under section 44 the Planning Authority may, subject to the provisions of this Act, by order in writing-
The Planning Authority in considering application for permission shall have due regard to the provisions of any draft or final plan 1[or proposal] 2[published by means of notice] 3[submitted] or sanctioned under this Act:
(1) Any appilcant aggrieved by an order granting permission on conditions or refusing permission under section 45 may, within forty days of the date of communication of the order to him, prefer an appeal to the State Government or to an officer appointed by the State Government in this behalf, being an officer not below the rank of a Deputy Secretary to Government ; and such appeal shall be made in such manner and accompained by such fees (if any) as may be prescribed.
Every permission for development granted or deemed to be granted under section 45 or granted under section 47 shall remain in force for a period of one year 1[form the date of receipt of such grant], and thereafter it shall lapse :
(1) Where-
(1) The Appropriate Authority 1[(other than the Planning Authority)], if it is satisfied that the land is not or no longer required for the public purpose for which it is designated or reserved or allocated in the interim or the draft Development plan or plan for the area of Comperhensive development or the final Development plan, may request-
(1) If it appears to a Planning Authority that it is expedient, having regard to the Development plan prepared or under preparation that any permission to develop land granted 1[or deemed to be granted] under this Act or any other law, should be revoked or modified, the Planning Authority may, after giving the person concerned an opportunity of being heard against such revocation or modification, by order, revoke or modify the permission to such extent as appears to it to be necessary :
(1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes, or changes the use of any land-
1[52A. Provisions relating to certain develapments as compunded structure.- (1) Notwithstanding anything contained in this Act or any other law, for the time being in force, or in any judgment, order or direction of any Court where unauthorised development has been carried out on or before the 31st December 2015, in the area of Development Plan, the State Government may, the requist of the Planning Authority, specify the terms and conditions, not inconsistent with the rules made in this behalf, on compliance of which and the compounding charges, infrastructure charges and premium on payment of which, the Planning Authority may declare such development as compounded structure.
1[(1) (a) Where any development of land has been carried out as indicated in clause (a) or (c) of sub-section (1) of section 52, the Planning Authority may, subject to the provisions of this section, serve on the owner, developer or occupier a prior notice of 24 hours requiring him to restore the land to conditions existing before the said development took place ;
(1) Where any development of land as indicated in sub-section (1) of section 52 is being carried out but has not been completed, the Planning Authority may serve on the owner and the person carrying out the development a notice requiring the development of land to be discontinued from the time of the service of the notice ; and thereupon, the provisions of sub-sections (3), (4), (5) and (6) of section 53 shall so far as may be applicable apply in relation to such notice, as they apply in relation to notice under section 53.
(1) Notwithstanding anything hereinbefore contained in this Chapter, where any person has carried out any development of a temporary nature unauthorisedly as indicated in sub-section (1) of section 52, the Planning Authority may by an order in writing direct that person to remove any structure or work erected, or discontinue the use of land made, unauthorisedly as aforesaid, within fifteen days of the receipt of the order ; and if thereafter, the person does not comply with the order within the said period, the Planning Authority may request the District Magistrate or the Commissioner of Police, as the case may be, 1[or authorise any of its officers or servants,] to have such work summarily removed or such use summarily discontiuned without any notice as directed in the order; and any development unauthorisedly made again, shall be similarly removed or discontinued summarily without making any order as aforesaid.
(1) If it appears to a Planning Authority that it is expedient in the interest of proper planning of its areas (including the interest of amenities) having regard to the Development plan prepared,-
1[56A. Punishment for failure to take action against unauthorised construction.- Where it has been brought to the notice of the Designated Officer that erection of any building or execution of any work is carried out in contravention of the provisions of the Act, rules or bye-laws and if such Designated Officer has failed, without sufficient reasons, to take action, as provided under section 53, 54, 55 or 56, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both.]
Any expenses incurred by a Planning Authority under sections 53, 54, 55 and 56 shall be a sum due to the Planning Authority under this Act from the person in default or the owner of the plot
(1) When any Government intends to carry out development of any land for the purpose of any of its departments or offices or authorities, the officer incharge thereof shall inform in writing the Planning Authority the intention of Government to do so, giving full particulars thereof, and accompanied by such documents and plans as may be prescribed at least thirty days before undertaking such development.
1[(1)]Subject to the provisions of this Act or any other law for the time being in force-
(1) A Planning Authority may by resolution declare its intention to make a town planning scheme in respect of any part of the area within its jurisdiction.
Making and publication of draft scheme 1[by means of notice].- (1) Not later than 2[nine months] from the date of the declaration, subject, however, to sub-section (3), the Planning Authority shall, in consultation with the Director of Town Planning, make a draft scheme for the area in respect of which the declaration was made, 3[and publish a notice in the Official Gazette, and in such other manner as may be prescribed stating that the draft scheme in respect of such area has been made. The notice shall state the name of the place where a copy thereof shall be available for inspection by the public and shall also state that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price.]
If at any time before a draft scheme is prepared and submitted to the State Government for sanction, the Planning Authority or the officer is of the opinion, or on any representation made to it or him that an additional area be included within the said scheme, the Planning Authority or the officer may, after informing the State Government and giving notice in the Official Gazette, and also in one or more local newspapers, include such additional area in the scheme; and thereupon, all the provisions of sections 59, 60 and 61 shall apply in relation to such additional area as they apply to any original area of the scheme and the draft scheme shall be prepared for the original area and such additional area and submitted to the State Government for sanction.
(1) Notwithstanding anything contained in this Act, the State Government may, in respect of any Planning Authority after making such inquiry as it deems necessary, direct that Authority to make 1* * * * and submit for its sanction, a draft scheme in respect of any land in regard to which a town planning scheme may be made 2[after a notice regarding its making has been duly published in the prescribed manner.]
A draft scheme shall contain the following particulars so far as may be necessary, that is to say,-
(1) In the draft scheme, the size and shape of every reconstituted plot shall be determined, so far as may be, to render it suitable for building purposes, and where a plot is already built upon, to ensure that the buildings as far as possible comply with the provisions of the scheme as regards open spaces.
Where under sub-clause (i) of clause (b) of section 59 the purposes to which the buildings or areas may not be appropriated or used in pursuance of clause (m) of section 22 have been specified, then the building or area shall cease to be used for a purpose other than the purposes specified in the scheme within such time as may be specified in the final scheme; and the person affected by this provision shall be entitled to such compensation, from the Planning Authority as may be determined by the Arbitrator :
If within thirty days from the date of the 1[publication of notice regarding the preparation of the draft scheme], any person affected thereby communicates in writing any objection relating to such scheme, the Planning Authority, or the officer appointed under sub-section (2) of section 61 or section 63 shall consider such objection and may, at any time before submitting the draft scheme to the State Government as hereinafter provided, modify such scheme as it or he thinks fit.
(1) The Planning Authority or, as the case may be, the officer aforesaid shall, not later than 1[three months] 2[from the date of the publication of the notice in the Official Gazette, regarding the making of the draft scheme], submit the same with any modifications which it or he may have made therein together with a copy of objections received by it or him to the State Government, and shall at the same time apply for its sanction.
1[68A. Effect of sanction of draft scheme - (1) Where a draft scheme has been sanctioned by the State Government under sub-section (2) of section 68 (hereinafter in this section, referred to as "the sanctioned draft scheme"), all lands required by the Appropriate Authority for the purposes specified in sub-clauses (ii-b), (ii-e), (ii-f) and (ii-g) of clause (b) of sub-section (1) of section 59 shall vest absolutely in the Appropriate Authority free from all encumbrances.
(1) On or after the date on which a declaration of intention to make a scheme is published in the Official Gazette-
(1) Where a Planning Authority has published a declaration under section 61 the State Government may, on an application of the Planning Authority by order published in the Official Gazette, suspend to such extent only as may be necessary for the proper carrying out of the scheme any rule, bye law, regulation, notification or order made or issued under any law which the Legislature of the State is competent to amend.
(1) Where there is a disputed claim as to the ownership of any piece of land included in an area in respect of which a declaration of intention to make a town planning scheme has been made and any entry in the record of rights or mutation register relevant to such disputed claim is inaccurate or inconclusive, an inquiry may be held on an application being made by the Planning Authority or the Arbitrator at any time prior to the date on which the arbitrator draws up the final scheme under clause (xviii) of sub-section (3) of section 72 by such officer as the State Government may appoint for the purpose of deciding who shall be deemed to be owner for the purposes of this Act.
(1) Within one month from the date on which the sanction of the State Government to the draft scheme is published in the Official Gazette, the State Government shall for purposes of one or more planning schemes received by it for sanction appoint any person possessing such qualifications as may be prescribed to be an Arbitrator with sufficient establishment and his duties shall be as hereinafter provided.
Except in matters arising out of 1[clauses (i), (ii), (iv), (v) and clauses (vii) to (xiii) (both inclusive) of sub-section (6)] of section 72, every decision of the Arbitrator shall be final and conclusive and binding on all parties including the Planning Authority.
(1) Any decision of the Arbitrator under 1[clauses (i), (ii), (iv), (v) and clauses (vii) to (xiii) (both inclusive) of sub-section (6)] of section 72 shall be forthwith communicated to the party concerned including the Planning Authority; and any party aggrieved by such decision may, within two months from the date of communication of the decision, apply to the Arbitrator to make a reference to the Tribunal of Appeal for decision of the appeal.
(1) The Tribunal of Appeal shall consist of a President and two Assessors.
(1) The Arbitrator shall be present at the proceedings before the Tribunal of Appeal. He shall not be required to give evidence in such proceedings but the President may require him to assist the Tribunal in an advisory capacity.
The Tribunal of Appeal may sit either at the headquarters of the President or at any other place within the local limits of his jurisdiction which he may deem convenient for the consideration and decision of any matter before such Tribunal.
All questions of law and procedure shall be decided by the President. All other questions shall be decided by the President and the two Assessors or by a majority.
(1) The Tribunal of Appeal shall, after making such inquiry as it may think fit, decide all matters arising out of clauses (iv) to (xi) (both inclusive) and clauses (xiv), (xv) and (xvi) only of sub-section (3) of section 72 in respect of appeals referred to the Tribunal: and may either confirm the proposals of the Arbitrator or direct him where necessary to reconsider, vary or modify his proposals only in respect of such matters aforesaid.
Nothing contained in this Act shall be deemed to constitute the Tribunal of Appeal to be a Court.
(1) The President and the Assessors shall, save where they are salaried Government Officers, be entitled to such remuneration, either by way of monthly salary or by way of fees or partly in one way and partly in the other, as the State Government may, from time to time, decide :
(1) Where no appeal has been made under section 74, the decisions of the Arbitrator under clauses (iv) to (xi) and clauses (xiv), (xv) and (xvi) of sub-section (3) of section 72 shall be final and binding on the parties
(1) Where a Planning Authority thinks that, in the interest of the public, it is necessary to undertake forthwith any of the works included in a draft scheme for a public purpose, the Planning Authority shall make an application through the Arbitrator to the State Government to vest in it the land (without any building) shown in the draft scheme.
(1) If the Arbitrator is opposed or impeded in taking possession of the land under section 83, he shall request the Commissioner of Police, or as the case may be, the District Magistrate to enforce the delivery of possession of the land to the Arbitrator. The Commissioner or the District Magistrate, as the case may be, shall take or cause to be taken such steps and use or cause to be used such force as may be reasonably necessary for securing the delivery of possession of the land to the Arbitrator.
(1) Where possession of land is taken by the Arbitrator under section 83 or 84, the persons interested in such land shall be entitled to interest at the rate of 4 per cent. per annum on the amount of compensation payable to him under the final scheme in respect of the said land from the date on which such possession is taken till the date on which amount of compensation is paid to him by the Planning Authority.
1[86.Sanction of State Government to preliminary or final scheme. - (1) On receipt of the preliminary scheme or, as the case may be, the final scheme, the State Government may,-
(1) If at any time before the 1[preliminary scheme] is forwarded by the Arbitrator to the State Government, a representation is made to the Arbitrator by the Planning Authority and a majority of the owners in the area that the scheme should be withdrawn, the Arbitrator shall, after inviting from all persons interested in the scheme objections to such representation, forward such representation together with the objections, if any, to the State Government.
On and after the day on which a 1[preliminary scheme] comes into force-
(1) On and after the day on which a 1[preliminary scheme] comes into force, any person continuing to occupy any land which he is not entitled to occupy under the 2[preliminary scheme] may, in accordance with the prescribed procedure, be summarily evicted by the Planning Authority or any of its officers authorised in that behalf by that Authority.
(1) On and after the day on which a 1[preliminary scheme] comes into force, the Planning Authority may, after giving the prescribed notice and in accordance with the provisions of the scheme,-
(1) If after the final scheme has come into force, the Planning Authority considers that the scheme is defective on account of an error, irregularity or informality or that the scheme needs variation or modification of a minor nature, the Planning Authority may apply in writing to the State Government for variation of the scheme.
Notwithstanding anything contained in section 86, a town planning scheme may at any time be varied by a subsequent scheme made, 1[published by means of notice] and sanctioned in accordance with this Act :
In the event of a town planning scheme being withdrawn or sanction to a final scheme being refused by the State Government, the State Government may direct that the costs of the scheme shall be borne by the Planning Authority or be paid to the Planning Authority by the owners concerned, in such proportion as the State Government may in each case determine.
Every party to any proceeding before an Arbitrator or the Tribunal of Appeal shall be entitled to appear either in person or by his agent authorised in writing in that behalf.
For the purpose of this Act, an officer appointed under sub-section (1) of section 71 or an Arbitrator or the Tribunal of Appeal may summon and enforce the attendance of witnesses including the parties interested or any of them and compel them to give evidence and compel the production of documents by the same means and as far as possible, in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure, 1908(V of 1908).
(1) When the State Government or two or more Planning Authorities are of opinion that the interests of contiguous areas within the jurisdiction of such Planning Authorities can best be served by the making of a joint development plan or a joint town planning scheme, the State Government shall after necessary enquiry constitute a Special Planning Authority as provided in section 40.
(1) The cost of a town planning scheme shall include,-
For the purposes of this Act, the increment shall be deemed to be the amount by which at the date of the declaration of intention to make a scheme, the market value of any plot with reference to the improvements contemplated in the scheme on the assumption that the scheme has been completed would exceed on the same date the market value of the same plot estimated without reference to such improvements :
(1) The cost of the scheme shall be met wholly or in part by a contribution to be levied by the Planning Authority on each final plot included in the final scheme calculated in proportion to the increment which is estimated to accrue in respect of such plot by the Arbitrator :
The amount by which the total value of final plots included in a final scheme with all the buildings and works thereon allotted to the person falls short of or exceeds the total value of the original plots with all the buildings and works thereon of such person shall be deducted from or added to, as the case may be, the contribution leviable from such person, each of such plots being estimated at its market value at the date of the declaration of intention to make a scheme and without reference to improvements contempted in the scheme other than improvements due to the alteration of its boundaries:
Any right in an original plot which in the opinion of the Arbitrator is capable of being transferred wholly or in part, without prejudice to the making of a town planning scheme to a final plot shall be so transferred and any right in an original plot which in the opinion of the Arbitrator is not capable of being so transferred shall be extinguished :
The owner of any property or right which is injuriously affected by the making of a town planning scheme shall, subject to provisions of section 101, if he makes a claim before the Arbitrator within sixty days of the receipt of the notice from the Arbitrator, be entitled to obtain compensation in respect thereof from the Planning Authority or from any person benefited or partly from the Planning Authority and partly from such person as the Arbitrator may in each case determine.
(1) No compensation shall be payable in respect of any property or private right of any sort which is alleged to be injuriously affected by reason of any provisions contained in the town planning scheme, if under any other law for the time being in force applicable to the area for which such scheme is made, no compensation is payable for such injurious affection.
If the owner of an original plot is not provided with a final plot in the final scheme or if the contribution to be levied from him under section 100 is less than the total amount to be deducted therefrom under any of the provisions of this Act, the net amount of his loss shall be payable to him by the Planning Authority in cash or in such other way as may be agreed upon by the parties.
(1) If from any cause the total amount which would be due to a Planning Authority under the provisions of this Act from the owner of a final plot to be included in the final scheme exceeds the value of such plot estimated on the assumption that the scheme has been completed, the Arbitrator shall, at the request of the Planning Authority, direct the owner of such plot to make payment to the Planning Authority of the amount of such excess.
All payments due to be made to any person by a Planning Authority under this Act shall, as far as possible, be made by an adjustment in such person’s account with the Planning Authority in respect of the final plot concerned or of any other plot in which he has an interest, and failing such adjustment shall be paid in cash or in such other way as may be agreed upon by the parties.
(1) The net amount payable under the provisions of this Act by the owner of a final plot included in a final scheme may at the option of the contributor be paid in one sum or annual instalments not exceeding ten. If the owner elects to pay the amount by instalments, interest at 6 per cent. per annum shall be charged on the net amount payable. If the owner of a plot fails to elect the option on or before the date specified in a notice issued to him in that behalf by the Planning Authority, he shall be deemed to have elected the option of paying contribution by instalments and the interest on the contribution shall be calculated from the date specified in the notice, being the date before which he was required to make an election as aforesaid :
(1) A Planning Authority shall be competent to make any agreement with any person in respect of any matter which is to be provided for in a town planning scheme subject to the power of the State Government to modify or disallow such agreement and unless it is otherwise expressly provided therein, such agreement shall take effect on and after the day on which the town planning scheme comes into force.
(1) Any sum due to a Planning Authority under this Act, rule or any regulation made thereunder shall be a first charge on the plot on which it is due, subject to the prior payment of land revenue, if any, due to the Government thereon.
Where after completing and meeting all the costs of a scheme as provided in this Act, any amount from the sums paid to the Planning Authority under this Act remains as surplus, the Planning Authority shall, in consultation with the owners of the plots, spend such surplus amount for providing further amenities within the area of the scheme.
(1) A Planning Authority shall complete all the works provided in a final scheme within the period prescribed in the final scheme by the Arbitrator under clause (xvii) of sub-section (3) of section 72 :
Whoever wilfully destroys or injures or without lawful authority removes, a boundary stone or mark lawfully fixed or constructed, the Collector, on receipt of the intimation from the Arbitrator or the Planning Authority, may order such person to pay a fine, not exceeding twenty rupees for each stone or mark so destroyed, injured or removed as may in his opinion be necessary to defray the expenses of restoring the same.
(1) If the State Government is satisfied that it is expedient in the public interest that any area should be developed as a site for a new town as reserved or designated *1[in any draft or final Regional Plan], it may, by notification in the Official Gazette, designate that area as the site for the proposed new town. The new town shall be known by the name specified in the notification.
1[113A. Power of State Government to acquire land for Corporation or Company declared to be New Town Development Authority. Notwithstanding anything contained in this Act, or in any law for the time being in force, where any corporation or company is declared to be the New Town Development Authority under sub-section (3A) of section 113, the State Government shall acquire either by agreement or 2[under the provisions of the Right to Fair Comensation and Transparancy in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)] (and such acquisition may have been commenced before the coming into force of this section) any land within the area designated under this Act, as the site of the new town, any land adjacent to that area which is required for the purposes connected with the development of the new town, and any land whether adjacent to that area or not, which is required for provisions of services or amenities for the purposes of the new town; and vest such land in such Authority for the purposes of this Chapter] 3[by an order duly made in that behalf].
(1) The objects of a Development Authority shall be to secure the laying out and development of the new town in accordance with proposals approved in that behalf under the 1[provisions] of this Act, and for that purpose every such Authority shall 2[subject to the provisions of section 113A] have power to acquire, hold, manage and dispose of land and other property to carry out buildings and other operations, to provide water, electricity, gas, sewerage and other services, amenities and facilities and generally to do anything necessary or expedient for the purpose of the new town or for purposes incidental thereto.
1[Without prejudice to the provisions of sub-section (8) of section 113, the Development Authority] shall from time to time submit to the State Government in accordance with any directions that may be given by the State Government in that behalf, its proposals for the development of land within the area designated under this Act as the site of the new town, and the State Government 2[after consultation with the Director of Town Planning], may approve any such proposals either with or wihout modification.
116. Acquisition of land by Development Authority 1[constituted under section 113 (2)].- A Development Authority 2[constituted under sub-section (2) of section 113] shall have all the powers of a Planning Authority under this Act as provided in Chapter VII for the purpose of acquisition either by agreement or 3[under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)] of-
Where any land within the area designated by a notification under section 113 of this Act as the site of the new town has not been 1[acquired by the State Government or a Development Authority constituted under sub-section (2) of section 113] within a period of ten years from the date of the notification, any owner of the land may by notice in writing 2[served on the State Government or the Development Authority] require it to acquire his interest therein; and thereupon, the provisions of section 127 providing for lapsing of reservations shall apply in relation to such land as they apply in relation to land reserved under any plan under this Act.
(1) Subject to any directions given by the State Government under this Act, a Development Authority may dispose of any land acquired by it 1[or vesting in it] to such persons, in such manner, and subject to such terms or conditions as they consider expedient for securing the development of the new town in accordance with proposals approved by the State Government under this Act :
The State Government may give to any Development Authority such directions with respect to the disposal of land acquired by the Authority 1[or vested in it] under this Act and with respect to the development by that Authority of such land, as appear to the State Government to be necessary or expedient for securing so far as practicable, the preservation of any features or objects of special architectural or historic interest.
A Development Authority may make any agreement or enter into any contract with any local authority, Planning Authority or statutory body in order to secure the provision of services, such as water-supply, drainage, including sewerage, electricity, gas within the area of the new town, subject to the power of the State Government to modify or disallow such agreement or contract.
Without prejudice to the generality of the powers conferred on a Development Authority under this Chapter, any Development Authority may, with the consent of the State Government contribute such sums as the State Government may determine towards expenditure incurred or to be incurred by any local authority, Planning Authority or statutory body in the performance, in relation to the new town, of any of their statutory functions, including expenditure so incurred in the acquisition of land.
(1) For the purpose of enabling a Development Authority 1[constituted under sub-section (2) of section 113] to defray expenditure properly chargeable to capital account including the provision of working capital, the State Government may, after due appropriation made by the State Legislature by law in this behalf, make advances to the Development Authority repayable over such periods and on such terms as may be approved by the State Government.
1[122A. Power of Development Authority to borrow and to accept deposits.- (1) Without prejudice to the provisions of section 122, a Development Authority constituted under sub-section (2) of section 113 may,-
(1) Without prejudice to the power of a Development Authority under this Act to dispose of any of their property, a Development Authority may by an agreement made with any local authority, or Planning Authority and approved by the State Government, transfer to that local authority or Planning Authority any part of the property of the Development Authority upon such terms as may be prescribed by the agreement :
(1) If it appears to the State Government in the case of any area designated under this Act as the site of a new town, that there are exceptional circumstances which render it expedient that the functions of a Development Authority under this Act should be performed by the Development Authority established for the purpose of any other new town instead of by a separate Development Authority established for the purpose, it may, in lieu of establishing such a separate Development Authority by order direct that the said functions shall be performed by the Development Authority established for the said other new town.
(1) (a) For the purposes of assessing the development charge, the user of land and building shall be classified under the following categories, namely :-
After the regulations in respect of development charge are sanctioned by the State Government under section 124B, such development charge shall be brought into force on or after the date to be specified by the State Government in its sanction.
(1) The regulations referred to in sections 124B and 124C, as sanctioned and published in the Official Gazette, shall be displayed by the Authority on notice board in its office. The Authority shall also publish a notice in a local newspaper, informing the inhabitants of the area within its jurisdiction, of the subject matter of the regulations so displayed and the date on which they shall come into force.
(1) Any person who, after the commencement of the Maharashtra Regional and Town Planning (Amendment) Act,1992 (Mah. XVI of 1992) , intends to carry out any development or institute or change any use of any land or building for which permission is required under this Act, whether he has applied for such permission or not, or who has commenced carrying out any such development or has carried out such development or instituted or changed any such use, shall apply to the Authority within such time and in such manner as may be prescribed, for the assessment of development charge payable in respect thereof.
(1) No development charge shall be levied on institution of use or of change of use, or development of, any land or building vested in or under the control or possession of the Central or State Government or of any local authority.
(1) Any person aggrieved by an order passed by the Authority under section 124E may prefer an appeal to the State Government or to such an officer as may be appointed by the State Government in this behalf, being an officer not below the rank of Deputy Secretary to the Government; and such appeal shall be made in such manner and accompanied by such fees, as may be prescribed.
No appeal under section 124G shall be entertained unless,-
If, as a result of an order passed in appeal under section 124G, the assessment is enhanced and any amount of difference is required to be recovered from the appellant or any amount from out of the amount paid under clause (b) of section 124H is required to be refunded to the appellant, an interest at the rate of eighteen per cent. per annum shall be payable,-
(1) There shall be established and set apart a separate fund to be called "the Development Fund" and an Authority shall separately show the same in its budget.
(1) Where any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes or changes the use of any land or building without the payment of development charge payable under this Chapter, the Authority may serve on such person a notice requiring to stop the development work or the change of any such land or building and from the time of the service of such notice, such person shall discontinue such development or change of use of land or building.
1[124K-1Provisions of sections 124A to 124K also to apply in certain cases. Notwithstanding anything contained in the draft or final Regional plan, the provisions of sections 124A to 124K shall apply, mutatis mutandis, to cases where the permission to carry out the development is under clause (ii) or (iii) of sub-section (1) of section 18 :
(1) The provision of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in this Act or any other law for the time being in force.
Any land required, reserved or designated in a Regional plan, Development plan or town planning scheme for a public purpose or purposes including plans for any area of comprehensive development or for any new town shall be deemed to be land needed for a public purpose 1[within the meaning of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)] :
(1) Where after the publication of a draft Regional plan, a Development or any other plan or town planning scheme, any land is required or reserved for any of the public purposes specified in any plan or scheme under this Act at any time, the Planning Authority, Development Authority, or as the case may be, 1[any Appropriate Authority may, except as otherwise provided in section 113A] 2[acquire the land,-
1[(1) If any land reserved, allotted or designated for any purpose specified in any plan under this Act is not acquired by agreement within ten years from the date on which a final Regional Plan, or final Development Plan comes into force 2[or if a declaration under sub-section (2) or (4) of section 126 is not published in the Official Gazette within such period, the owner or any person interested in the land may serve notice, along with the documents showing his title or interest in the said land, on the Planning Authority, the Development Authority or, as the case may be, the Appropriate Authority to that effect; and if within 3[twenty-four months]] from the date of the service of such notice, the land is not acquired or no steps as aforesaid are commenced for its acquisition, the reservation, allotment or designation shall be deemed to have lapsed, and thereupon, the land shall be deemed to be released from such reservation, allotment or designation and shall become available to the owner for the purpose of development as otherwise, permissible in the case of adjacent land under the relevant plan.]
Power of State Government to acquire lands for purpose other than the one for which it is designated in any 1plan or scheme. (1) Where any land is included in 2[ any plan or scheme] as being reserved, allotted or designated for any purpose therein specified or for the purpose of Planning Authority or Development Authority or Appropriate Authority and the State Government is satisfied that the same land is needed for a public purpose different from any such public purpose or purpose of the Planning Authority, Development Authority or Appropriate Authority, the State Government may, notwithstanding anything contained in this Act, acquire such land 3[under the provisions of the Right to Fair Compensation and Transperency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)].
(1) At any time after the publication of a notification under sub-section (2) of section 126, where the State Government, on an application of the Planning Authority, Development Authority or Appropriate Authority, is satisfied that the possession of any land which is reserved or designated for a public purpose either under a Regional plan or Devlopment plan 1 * * * * * is urgently required 2[ for defence of India or national security or for natural calamities or for any other emergency, by that authority with the approval of the State Government], the State Government may, by an order in writing authorise the Collector to enter on and take possession of the land under acquisition after giving a notice of fifteen days; and thereupon, the right or interest in that land shall be extinguished from the date specified in the order; and on the date on which possession is taken, the land shall vest without any further assurance and free from encumbrances in the State Government :
(1) Every Regional Board, 1[Special Planning Authority (other than a Special Planning Authority appointed under clause (b) of sub-section (1) of section 40)] or Development Authority 2[constituted under sub-section (2) of section 113] shall have and maintain its own fund to which shall be credited-
Every Regional Board, 1[Special Planning Authority (other than a Special Planning Authority appointed under clause (b) of sub-section (1) of section 40)] or Development Authority 2[constituted under sub-section (2) of section 113] shall prepare in such form and at such time every year as may be prescribed by rules, a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure of such Board or Authority and shall forward to the State Government such number of copies thereof as may be prescribed by rules.
1[132.Accounts and Audit of Regional Board.- (1) Every Regional Board shall maintain proper accounts and other relevant records and prepare annual statement of accounts including the balance sheet in such form as the State Government may by rules prescribe.
(1) Every Special Planing Authority 1[other than a Special Planning Authority appointed under clause (b) of sub-section (1) of section 40)] and Development Authority constituted under sub-section (2) of section 113 (hereinafter in this section collectively referred to as "the said Authorities") shall maintain books of accounts and other books in relation to its functioning under this Act in such form and in such manner as the State Government may by rules prescribe.
(1) Every Regional Board, 1[Special Planning Authority] or Development Authority shall prepare for every year a report of its activities during that year and submit the report to the State Government in such form on or before such date as may be prescribed by rules.
(1) Every Regional Board, 1[Special Planning Authority] or Development Authority may constitute for the benefit of its whole time paid members and of its officers and other employees, in such manner and subject to such conditions as may be prescribed by rules, such pension or provident fund or both as it may deem fit.
(1) The Director of Town Planning or any officer authorised by him, the Town Planning Officer of any Regional Board or Planning Authority, the Arbitrator, or any person authorised by the State Government, Regional Board, Planning Authority, Development Authority or Arbitrator may enter into or upon any land or building with or without assistants or workmen for the purpose of the preparation of a plan or scheme under this Act by-
(1) All documents including notices and orders required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or rule or regulation, be deemed to be duly served-
Every public notice given under this Act or rules or regulations thereunder shall be in writing over the signature of the Secretary to the Regional Board or Planning Authority or Development Authority or such other officer who may be authorised in this behalf by such Board or Authority and shall be widely made known in the locality to be affected thereby, affixing copies thereof in conspicuous public places within the said locality and by publishing the same by beat of drum or by advertisement in one or more local newspapers, and by such other means which the Secretary thinks fit.
Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or rule or regulations thereunder, the notice, order or other document shall specify a reasonable time for doing the same.
All permissions, orders, decisions, notice and all documents of a Regional Board, Planning Authority or Development Authority shall be authenticated by the signature of the Secretary to the Regional Board or Planning Authority or Development Authority or such other officer as may be authorised by such Board or Authority in this behalf.
(1) If the person committing an offence under this Act is a company, every person, who, at the time of the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
If any person-
No prosecution for any offence punishable under this Act or rules made thereunder shall be instituted or no prosecution instituted shall be withdrawn, except with the previous sanction of the Regional Board, Planning Authority, or as the case may be, a Development Authority or any officer authorised by such Board or Authority in this behalf :
(1) The Regional Board or Planning Authority or Development Authority concerned or any person authorised in this behalf by general or special order may either before or after the institution of the proceedings compound any offence made punishable by or under this Act or rules made thereunder.
No court inferior to that of a Judicial Magistrate of the First Class shall try an offence punishable under this Act.
Notwithstanding anything contained in section 32 of the *Code of Criminal Procedure, 1898 (V of 1898.) it shall be lawful for any Presidency Magistrate or Magistrate of the First Class to pass any sentence authorised by this Act in excess of its power under the said section.
Every member and every officer and other employee of a Regional Board or Planning Authority or Development Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rules or regulations made thereunder.
(1) Nothing in the Indian Registration Act, 1908 (XVI of 1908.) shall be deemed to require the registration of any document, plan or map prepared, made or sanctioned in connection with a final Regional plan or final Development plan or final town planning scheme which has come into force.
1[148-A. Exclusion of time in certain cases.- In computing the period, in relation to any Development plan, Regional plan or scheme under the provisions of Chapters II, III, IV and V of this Act, the period or periods during which any action could not be completed under the said Chapters, due to any interim order of any Court 2[or due to enforcement of any Code of conduct by the Election Commission of India or the State Election Commission in respect of any election] shall be excluded.]
Save as otherwise expressly provided in this Act, every order passed or direction issued by the State Government or order passed or notice issued by any Regional Board, Planning Authority or Development Authority under this Act shall be final and shall not be questioned in any suit or other legal proceedings.
(1) No act done or proceeding taken under this Act shall be questioned on the ground merely of-
(1) The State Government may, by a notification in the Official Gazette, delegate any power exercisable by it under this Act, or rules thereunder to any officer of the State Government 1[in such case and subject to such conditions, if any, as may be specified in such notification].
Notwithstanding anything contained in section 151, the powers and functions of a Planning Authority or New Town Development Authority shall, for the purposes of sections 25, 43, 44, 45, 46, 49, 51, 53, 55, 56, 58, 89, 90,107, 112,1[126 (1)(b)], 135, 136 and 142 be exercised and performed by the following officers, namely :-
(1) A Planning Authority may, for the purpose of a Development plan or the making or execution of a town planning scheme, borrow loans in accordance with the provisions of the Act under which that Authority is constituted or if such Act does not contain any provision for such borrowing, in accordance with the Local Authorities Loans Act, 1914 (IX of 1914).
1[(1) Notwithstanding anything contained in this Act or the rules or regulations made thereunder, the State Government may, for implementing or bringing into effect the Central or the State Government programmes, policies or projects or for the efficient administration of this Act or in the larger public interest, issue, from time to time, such directions or instructions as may be necessary, to any Regional Board, Planning Authority or Development Authority and it shall be the duty of such authorities to carry out such directions or instructions within the time-limit, if any, specified in such directions or instructions.]
(1) Every Regional Board, Planning Authority and Development Authority shall furnish to the State Government such reports, returns and other information as the State Government may from time to time require.
Notwithstanding anything contained in any law for the time being in force -
(1) Unless otherwise provided in this Act, a Planning Authority or Development Authority shall be competent to make any agreement with any person or party in respect any matter which is provided for under this Act subject to the right of the State Government to modify or disallow such agreement.
1[157A. Authentication of plans and schemes and custody thereof.- (1) Every Regional plan, Development plan or town planning scheme, which is finally sanctioned by the State Government shall be drawn up in duplicate, and every such plan or scheme on every page thereof shall be authenticated under the seal and signature of the Secretary to Government, 2[Urban Development and Public Health Department or such other officer not below the rank of a Deputy Secretary as may be specified by the Secretary]. One such plan or scheme shall be deposited with the Director of Town Planning and sealed with his seal and the second shall be deposited with the Planning Authority concerned 3[and in the case of a Regional Plan, such second copy together with all the documents, plans and maps relating thereto shall be deposited in the Head Office of the Board, and if the Board is dissolved, then in the nearest office of the State Planning and Valuation Department].
(1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out all or any of the purposes of this Act.
1[(1)] Any Regional Board, Planning Authority or Development Authority may, with the previous approval of the State Government, make regulations consistent with this Act and the rules made thereunder, to carry out the purposes of this Act, and without prejudice to the generality of this power,-
1[159A. Special provisions relating to New Town Development Authority and Special Planning Authority.- The provisions of 2[the First Schedule] hereto shall apply in relation to a New Town Development Authority and a Special Planning Authority referred to in section 40 of this Act.]
(1) Where the State Government is satisfied that the purposes for which any Regional Board, Special Planning Authority or Development Authority was established under this Act have been substantially achieved so as to render the continued existence of the Board or Authority in the opinion of the State Government unnecessary, 1[or where the State Government is of opinion that the work of acquiring, developing and disposing of land in the area of any new town should be entrusted to any corporation, company or subsidiary company referred to in sub-section (3A) of section 113,] the State Government may, by notification in the Official Gazette, declare that the Regional Board, Special Planning Authority or Development Authority 2[constituted under sub-section (2) of section 113] shall be dissolved with effect from such date as may be specified in the notification 3[or that the Development Authority declared under sub-section (3A) of section 113 shall cease to function in relation to such area of the new town from such date as may be specified in the notification,] and such Board or Authority shall be deemed to be dissolved accordingly4[or as the case may be, shall be deemed to cease to function in relation to such area of such new town.]
Where any Planning Authority (which is a local authority) ceases to exist or ceases to have jurisdiction over any area included in a development plan or town planning scheme, the property and rights vested in such Planning Authority under this Act shall, subject to all charges and liabilities affecting the same, vest in such other local authority or authorities as the State Government may, with the consent of such local authority or authorities, by notification in the Official Gazette, direct and such local authorities, or each one of such local authorities shall have all the powers under this Act in respect of such schemes or such part of a scheme as comes within its jurisdiction which the Planning Authority ceasing to exist or ceasing to have jurisdiction had.
(1) If in the opinion of the State Government, any Regional Board, Planning Authority or Development Authority is not competent to exercise or perform, or neglects or fails to exercise or perform, any power conferred or duty imposed upon it by or under any of the provisions of this Act, the State Government or any person or persons appointed in this behalf by the State Government may exercise such power or perform such duty.
Where a municipal corporation is superseded under sub-section (1) of section 452 of the 1Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949.) or where Zilla Parishad is dissolved or superseded under sub-section (1) of section 260 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961(Mah. V of 1962.) or where the Nagpur Improvement Trust is dissolved under sub-section (1) of section 121 of the Nagpur Improvement Trust Act, 1936 (C. P. and Berar XXXVI of 1936.) (or where an Administrator is appointed under section 313, or a Municipal Council is dissolved under section 315 of the Maharashtra Municipalities Act,1965) (Mah. XL of 1965.)2
[Provisions of Bom. LXVII of 1948, Hyd. Act. XXI of 1951 and Bom. XCIX of 1958 not to apply to town planning schemes.]
(1) The Bombay Town Planning Act, 1954 (Bom. XXVII of 1955) and sections 219 to 226A and clause (xxxvi) of sub-section (2) of section 274 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961(Mah. V of 1962), are hereby repealed.