TRIPURA TOWN AND COUNTRY PLANNING ACT, 1975
(1) This Act may be called the Tripura Town and Country Planning Act, 1975.(2) It extends to the whole of Tripura.(3) It shall come into force on such date as the State Government may, by notifi#31;cation in the official Gazette appoint, and different dates may be appointed for different areas.
In this Act, unless the context otherwise requires —(1) ‘agriculture’ includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass fodder, trees or any kind of cultivation of soil, breeding and keeping of livestock, including cattle, horses, donkeys, mules, pigs, fish, poultry and bees, the use of land which is ancillary to the farming of land or any other agricultural purposes, but shall not include the use of any land attached to a building for the purposes of a garden to be used along with such building ; and ‘agricultural’ shall be construed accordingly ;(2) ‘amenities’ includes roads and streets, open spaces, parks, recreational grounds, play-grounds, water and electric supply, street lighting, sewerage, drainage, public works and other utility services and conveniences ;(3) ‘area of bad lay-out or obsolete development’ means an area consisting of lan
(1) As soon as may be, after the commencement of this Act the State Government shall, by notification in the official Gazette, constitute and appoint for the purpose of carrying out the functions assigned to it under this Act, a Board to be called the Tripura Town and Country Planning Board.(2) The Board shall consist of a Chairman and not less than four, and not more than fourteen other members appointed by the State Government, of which at least one shall be a member of the Legislative Assembly ; and the State Government may, if it thinks fit, appoint one of the members as Vice-Chairman of the Board.(3) As soon as may be after the commencement of this Act, the State Government shall, by notification in the official Gazette, appoint for the purpose of carrying out the functions assigned to it under this Act, a Town and Country Planner, to be called the Chief Town Planner to the State Gove
(1) Subject to the provisions of this Act, and the rules framed thereunder, the functions of the Board shall be to guide, direct and assist the Planning Authorities, to advise the State Government in matters relating to the planning, development and use of rural and urban land in the State of Tripura, and to perform such other functions as the State Government may, from time to time, assign to the Board.(2) In particular and without prejudice to the generality of the foregoing provi#31;sions, the Board may, and shall, if required by the State Government—(a) prepare and supervise the Master Plan;(b) give general supervision and guidance for the implementation of the projects;(c) direct the preparation of Development Plans by Local Planning Authorities;(d) undertake, assist and encourage the collection, maintenance and publication of statistics, bulletins and mo
(1) The term of office and conditions of service of the Chairman and other members of the Board shall be such as may be prescribed by rules; and they shall be entitled to receive such salaries or allowances or both as may be fixed by the State Government.(2) The State Government may, if it thinks fit, terminate the appointment of Chair#31;man or any members of the Board at any time.(3) The Chairman or any member may resign his membership of the Board by giving notice in writing to the State Government and on such resignation being accepted by the State Government, he shall cease to be a member of the Board.(4) Any vacancy so created shall be tilled by fresh appointment by the State Government.
(1) The Board shall meet at such times and places and shall subject to the provisions of sub-Ss. (2) and (3), observe the procedure as may be prescribed in regard to the transaction of its business at such meeting.(2) The Chairman or in his absence the Vice-Chairman, if any, or in the absence of the Chairman and of the Vice-Chairman, any member chosen by the members from amongst themselves, shall preside at a meeting of the Board.(3) All questions, at a meeting of the Board, shall be decided by a majority of votes of the members present and voting and in the case of equality of votes, the person presiding shall have a second or casting vote.(4) Minutes shall be kept of the names of the 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
(1) The State Government may, by notification, declare any area in the State of Tripura to be a Planning Area for the purposes of this Act, and on such declaration this Act shall apply to such area:Provided that no military cantonment or part of a military cantonment shall be included in any such area.(2) Every such notification shall define the limits of the area to which it relates.(3) The State Government may, after consultation with the Board, amalgamate two or more Planning Areas into one Planning Area, sub-divide a Planning Area into different Planning Areas, and include such divided areas in any other Planning Area.(4) The State Government may, by notification, direct that all or any of the rules, regulations, order, directions and power respectively made, issued, conferred and in force in any other Planning Area at the time, with such exceptions and adaptations
(1) The State Government may, by notification in the official Gazette, withdraw from the operation of this Act the whole or a part of any Planning Area declared thereunder.(2) When a notification is issued under this section hi respect of any Planning Area—(a) this Act and all notifications, rules, regulations, orders, directions and powers respectively issued, made or conferred under this Act shall cease to apply to the said area;(b) the State Government shall, after consulting the Board and the Local Authority or Authorities concerned, frame a Scheme determining what portion of the balance of the fund of the Planning Authority shall vest in the State Government and the Local Authority or Authorities concerned and in what manner the properties and liabilities of the Planning Authority shall be apportioned between the State Government and the Local Authority or Authorities and on
(1) As soon as may be, after declaration of a Planning Area, the State Government, in consultation with the Board shall, by notification in the official Gazette, constitute for the purposes of the performance of the functions assigned to it, an authority to be called the Planning Authority of that area, having jurisdiction over that area.(2) Every Planning Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued.(3) Every Planning Authority except those constituted under sub-S. (5) shall consist of the following members:(a) a Chairman;(b) a Town Planning Officer who shall be the Member-Secretary to the Planning Authority;(c) representatives of local bodies composed as below:
(1) The term of office and conditions of service of the Chair#31;man and members of the Planning Authorities shall be such as may be prescribed by the rules and they shall be entitled to receive such salaries or allowances as may be fixed by the State Government.(2) Members of Planning Authorities, except those nominated by local bodies as provided in Cl. (c) of sub-S. (3) of S. 9, shall hold office at the pleasure of the State Government.(3) The Chairman or any member except those nominated by the local bodies as provided in Cl. (c) of sub-S. (3) of S. 9 may resign his membership of the Planning Authority giving notice in writing to the State Government and on such resignation being accepted he shall cease to be a member of that Planning Authority.(4) Any vacancies created in respect of Cls. (a), (b) and (d) of sub-S. (3) of S. 9, shall be filled by fresh appointment by the Stat
Subject to the provisions of this Act, the rules framed thereunder and any directions which the State Government may give, the functions of every Planning Authority shall be, and it shall have power to—(a) prepare and execute a Master-Plan; (b) prepare a present Land Use Map;(c) prepare an Outline Development Plan ;(d) prepare a Comprehensive Development Plan ;(e) prescribe use of land within its area;and for these purposes it may carry out or cause to be carried out surveys of its Planning Area and to prepare report or reports of such surveys ; and to perform any other function which is supplemental, incidental or consequential to any of the functions aforesaid or which may be prescribed.
(1) Each Planning Authority shall meet at such times and places and shall, subject to the provisions of sub-Ss. (2) and (3), observe such procedure in regard to the transaction of business at its meetings as may be prescribed by regulations.(2) The Chairman, or in his absence, the Vice-Chairman if any, or in the absence of the Chairman and of the Vice-Chairman, any member chosen by the members from amongst themselves, shall preside at a meeting of the Planning Authority.(3) All questions at a meeting of the Planning Authority shall be decided by a majority of votes of the members present and voting, and in the case of an equality of votes, the person presiding shall have a second or casting vote.(4) Minutes shall be kept of the names of the 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 meeti
(1) The Planning Authority may associate with itself in such manner and for such purposes as may be prescribed by rules any person whose assistance or advice it may desire in performing any of its functions under this Act.-(2) Any person associated with the Planning Authority under sub-S. (1) for any purpose shall have a right to take part in the discussions of the Planning Authority relevant to that purpose but shall not have a right to vote at a meeting and shall not be member for any other purpose.
(1) Subject to such control and restrictions as may be prescribed by rules, a Planning Authority may appoint such number of officers and employees as may be necessary for the efficient performance of its functions and may determine their destinations and grades.(2) The officers and employees of the Planning Authority shall be entitled to receive such salaries and allowances, if any, as may be fixed by the Planning Authority and shall be governed by such terms and conditions of service as may be determined by rules and regulations made in this behalf.
As soon as may be, after its constitution every Planning Authority shall, not later than six months after its constitution or within such time as the State Government may, from time to time extend, prepare a present Land Use Map and a Land Use Register (hereinafter called the Map and the Register respectively) in the form to be prescribed indicating the present use of every piece of land in the Planning Area.
(1) After the preparation of the Map, the Planning Authority shall publish a public notice of the preparation of the 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 the Register within 30 days of the publication of such notice :Provided that if a Local Authority has been declared as a Planning Authority for any area and it has prepared a map or a register or both of the area before the applica#31;tion of this Act to that area, the map or the register already prepared shall be deemed to be a Map and Register under S. 15.(2) After the expiry of the period mentioned in sub-S. (1) the Town Planning Officer of the Planning Authority or a committee appointed by the Planning Authority for the purpose shall, after allowing a reasonable opportunity of being heard to all the persons
(1) Where by virtue of the foregoing provisions of this Chapter a Map and a Register are to be prepared, then—(a) if within the period prescribed or within such period which the State Government has extended, no Map or Register has been prepared; or(b) if at any time the State Government is satisfied that the Planning Authority is not taking steps necessary to prepare such a Map or a Register within that period, the State Government may direct the Chief Town Planner to prepare the Map and the Register;(2) After preparation of the Map and the Register the Chief Town Planner shall submit the same to the Board, and the Board shall follow the procedure and exercise the powers of the Planning Authority under S. 16.(3) Any expenses incurred under this section in connection with the making of the Map and the Register with respect to the area of a Planning Authority s
(1) As soon as may be, after the declaration of a Planning Area, the Planning Authority shall, not later than one year after such declaration or within such time as the State Government may, from time to time, extend, prepare, after consultation with the Local Authorities concerned, if any, and submit to the Board and the State Government, a plan (hereinafter called the Outline Development Plan) for the Planning Area or any of its parts and such other area or areas contiguous or adjacent to the Planning Area as the State Government may direct to be included in the Outline Development Plan.(2) The Outline Development Plan shall—(a) indicate broadly the manner in which the Planning Authority proposes that land in such area should be used;(b) allocate areas or zones of land for use—(i) for residential, commercial, industrial and agricultural purposes, (ii) for pu
(1) As soon as may be after the decla#31;ration of a Planning Area, the Planning Authority shall, but not later than three years after such declaration or within such tune as the State Government may, from time to time, extend, prepare after consultation with the Local Authorities concerned, if any, and submit to the Board and the State Government, a Plan (hereinafter called the Com#31;prehensive Development Plan) for the Planning Area or any of its parts and such other area or areas contiguous or adjacent to the Planning Area as the State Government may direct to be included in the Comprehensive Development Plan:(a) indicate, define and provide for all the matters that have to be or may be indicated, defined and provided for in the Outline Development Plan with such modifications as the Planning Authority deems fit;(b) indicate, define and provide for—(i) areas reserved for agri
If any Local Authority has been declared as a Planning Authority for a Planning Area and the Local Authority has prepared a Development Plan for the Planning Area before the application of this Act to that area, the Development Plan already prepared may be deemed to be a Development Plan under S. 18 or S. 19 of this Act.
(1) Where, by virtue of the foregoing provisions of this Act, a Development Plan is to be prepared—(a) if within the period prescribed or within such period which the State Government has extended, no Development Plan has been prepared; or(b) if at any time the State Government is satisfied that the Planning Authority is not taking steps necessary to prepare such a Development Plan within that period, the State Government may direct the Chief Town Planner to prepare the Development Plan.(2) After preparation of the Development Plan, the Chief Town Planner shall submit the Development Plan to the Board and the Board shall follow the procedure and exercise the powers of the Planning Authority under S. 22,23,24 and 25.(3) Any expenses incurred under this section in connection with the preparation of the Development Plan for the Planning Area of a Planning Authority, shall
(1) As soon as may be, after the Development Plan has been submitted to the Board and the State Government, but not later than the time prescribed by the rules, the State Government may direct the Planning Authority to make such modifications in the Development Plan as the State Government thinks fit and thereupon the Planning Authority shall make these modifications.(2) The State Government shall, after the modifications, if any, directed by it, have been made, give its consent to the publication of a public notice under sub-S. (1) of S. 23, of the preparation of the Development Plan to the Planning Authority.
(1) As soon as may be, after the Planning Authority has received the consent of the State Government to the publication of the notice under sub-S. (2) of S. 22, the Planning Authority shall publish the public notice in the official Gazette and in one or more local newspapers, of the preparation of the Development plan and the place or places where copies of the same may be inspected, inviting objections in writing from any person with respect to the Development Plan within such period as may be specified in the notice:Provided that such period shall not be less than two months from the date of publication of the notice in the official Gazette. (2) After the expiry of the period mentioned in sub-S. (1) the Planning Authority shall appoint a committee consisting of the Town Planning Officer and not more than two of its other members, to consider the objections filed under sub-S. (1) and repo
As soon as may be, after the submis#31;sion of the Development Plan, but not later than the time prescribed by the rules, the State Government after consulting the Board, may, either approve the Development Plan or may approve it with such modifications as it may consider necessary, or may return the Development Plan to the Planning Authority to modify the plan or to prepare a fresh plan hi accordance with such directions as the State Government may issue in this behalf.
(1) Immediately after the Development Plan has been approved by the State Government, the Planning Authority shall publish a public notice in the official Gazette and in a local newspaper, of the approval of the Development Plan and the place or places where copies of the Development Plan may be inspected.(2) From the date of publication of the aforesaid notice in the official Gazette the Development Plan shall come into operation.(3) After the coming into operation of the Comprehensive Development Plan, the Outline Development Plan shall stand modified or altered to the extent the proposals in the Comprehensive Development Plan are at variance with the Outline Development Plan. (4) A Development Plan shall not, either before or after it has been approved, be questioned in any manner in any legal proceedings whatsoever.
(1) At any time after the date on which the Development Plan for an area comes into operation, and at least once in every ten years after that date the Planning Authority shall, after carrying out such fresh surveys as may be considered necessary or directed by the Board and the State Government, prepare after consultation with the Local Authorities concerned, if any, and submit to the Board and the State Government, a Development Plan for any alteration or additions considered necessary by the Planning Authority to the Develop#31;ment Plan in operation.(2) The provisions of Ss. 23, 24 and 25 with such modifications as may be neces#31;sary shall apply to such a Development Plan.(3) At any time after the date on which the Development Plan for an area comes into operation, the Planning Authority may, with the prior approval of the State Gov#31;ernment, make such minor changes in the Developm
If the State Government is satisfied that a grave emergency exists which necessitates the suspension of any Development plan or part of any Development Plan, it may, by a notification in the official Gazette, suspend any Development Plan or any part of it.
After the coming into operation of any Development Plan in any area, no person shall use or permit to be used any land or carry out any development in that area otherwise than in conformity with such Development Plan:Provided that the Planning Authority may allow the continuance, for a period not exceeding ten years, of the use, upon such terms and conditions as may be prescribed by the regulations made in this behalf, of any land for the purpose and to the extent, for and to which it is being used on the date on which such Development Plan come into operation.
(1) After the application of this Act to any area and subject to the provisions relating to the development charge and other provisions of this Act, no development, institution of change of use, of any land shall be undertaken or carried out in that area—(a) without obtaining a certificate from the Planning Authority certifying that the 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 hereinafter: Provided that no such permission shall be necessary—(a) for carrying out such works for the maintenance, improvement or other alteration of any building, which affect only the interior of the building or which do not materially affect the external appearance of the building;(b) for the carrying out by the Central or the State Government or any Local Aut
(1) Any applicant aggrieved by an order passed under the last foregoing section, or if no order is passed under sub-S. (3) of the last foregoing section, may appeal, within one month of the communication of that order to him, or after the expiry of the period of three months from the date of submitting the application in the manner and accompanied by such fees as may be prescribed by the rules, to the Board.(2) The Board, after receiving the appeal, may give a reasonable opportunity to the appellant and Planning Authority to be heard or it may cause the Chief Town Planner, or any other person appointed by him in this behalf, to give a reasonable opportunity to the appellant and the Planning Authority concerned to be heard and to submit thereafter his report on the appeal to the Board.(3) After hearing the appellant and the Planning Authority concerned or after considering the aforesaid rep
Every permission for any development granted under this Act shall remain in force for three years only from the date of such permission:Provided that the Planning Authority may, on application made in this behalf before the expiry of the 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.
(1) If it appears to a Planning Authority that it is expedient, having regard to the Development Plan prepared, under preparation pr to be prepared and to any other material considera#31;tions, that any permission to develop land granted under this Act or any other law, should be revoked or modified, the Planning Authority may, by an order, revoke or modify the permission to such extent as appears to it to be necessary:Provided that—(a) where the permission relates to the carrying out of building or other operations, no such order—(i) shall affect such of the operations as have been previously carried out; (ii) shall be passed after these operations have been completed;(b) where permission relates to a change of use of land, no such order shall be passed at any time after the change has taken place.(2) When permission is revoked or modified by an ord
(1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out develop#31;ment, institutes, or changes any use of any land—(a) in contravention of any Development Plan;(b) without obtaining a certificate regarding development charges under Cl. (a)of sub-S. (l)ofS.29;(c) without permission as required under this Act;(d) in contravention of any condition subject to which such permission has been granted;(e) after the permission for development has been revoked under S. 32; or(f) in contravention of the permission which has been modified under S. 32;shall be punishable with a fine which may extend to ten thousand rupees, and hi the case of a continuing offence with a further fine which may extend to five hundred rupees for every day during which the offence continues after conviction
(1) Where any development of land has been carried out as described in S. 33, the Planning Authority may, within four years of such development, serve on the owner a notice requiring him, within such period being not less than one month, a& may be specified therein, after the service of the notice, to take such steps as may be specified in the notice:(a) in cases specified in Cls. (a), (c) or (e) thereof to restore the land to its condition before the said development took place;(b) in cases specified in Cl. (d) or (f) thereof to secure compliance with the conditions or with the permission as modified;(c) in cases specified in Cl. (b) to pay the development charge and such penalty, if any, as may be prescribed by the rules, and in particular, any such notice may, for the purpose aforesaid require—(i) the demolition or alteration of any buildings or works; (ii)
(1) Where any development of land as described in S. 33 is being carried out but has not been completed, the PlanningAuthority 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 such notice.(2) Where such notice has been served, the provisions of Cl. (a) of sub-S. (3), sub-S. (4) and sub-S. (5) of S. 34 shall apply mutatis mutandis:Provided that provisions of Cl. (a) of sub-S. (3) of S. 34 shall not apply and in spite of the filing of an application for permission for development or an appeal as provided in sub-S. (2) of that section the notice shall continue to have full effect.(3) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, after such notice has been served, shall be punisha
(1)If it appears to a Planning Authority that it is expedient in the interest of the proper planning of its areas (including the interests of amenities) having regard to the Development Plan prepared, or under preparation, or to be prepared, and to any other material consideration—(a) that any use of land should be discontinued; or(b) that any conditions should be imposed on the continuance thereof; or(c) that any buildings or works should be altered or removed;the Planning Authority may, by notice serve on the owner—(i) require the discontinuance of that use; or(ii) impose such conditions as may be specified in the notice, on the continuance thereof; or(iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any buildings or works, as the case may be, within such period, being not less than o
Where a planning Authority, in the exercise of its functions and power with respect to any area under it, is required to have regard to the provisions of a Development Plan before such Development Plan has become operative, the Planning Authority shall have regard to the provisions which in its opinion will be required to be included for securing the proper planning of the concerned area.
(1) Subject to the provisions of this Act, and the rules under it and with the previous sanction of the State Government, every Planning Authority shall, by a notification published in the official Gazette, levy a charge (hereinafter called the development charge) on the carrying out of any development or the institution or change of use 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 S. 39:Provided that the rates may be different for different parts of the Planning Area.(2) The charge shall be leviable on any person who undertakes or carries out such development and institutes or changes any such use.(3) Notwithstanding anything contained in sub-Ss. (1) and (2), no development charge shall be levied on development, or institution of, or change of use of any land vested hi or under the co
The development charge shall not exceed—(a) for the institution of use—(i) for residence #7;Re. 0.50 per Sq. metre. #7;#7;(ii) for industry #7;Re. 100 per Sq. metre. #7;#7;(iii) for commerce#7;Re. 200 per Sq. metre.#7;#7;(b) for change of use—#7;#7;#7;(i) from agricultural to residence#7;Re. 0.50 per Sq. metre.#7;#7;(ii) from any agricultural to industry#7; Re. 100 per Sq. metre. #7;#7;(iii) from agricultrual to commerce#7;Re. 200 per Sq. metre. #7;#7;(iv) from residence to industry#7;Re. 0.50 per Sq. metre.#7;#7;(v) from residence to commerce#7; Re. 1.50 per Sq. metre.#7;#7;(vi) from industry to residence#7; Re. 0
(1) Any person who intends to carry out any development or to institute or change any use of any land for which permission under Chapter VII is necessary, whether he has applied for such permission or not, or who has commenced the carrying out of any such development or has carried out such development or instituted or changed any such use, shall apply to the Planning Auth#31;ority in the manner prescribed for the assessment of development charge payable in respect thereof.(2) The Planning Authority shall, on such application being made, or if no such application in made, after serving a notice on the person liable for development charge, determine whether or not, and if so, what development charge is leviable in respect of that development or use.(3) The Town Planning Officer shall, after giving a reasonable opportunity of be#31;ing heard to the person who has made an application under su
(1) If any person, liable for the development charge referred to in S. 40 is dissatisfied with the order of assessment, he may, within such time and in such manner as may be prescribed appeal to the Board.(2) On an appeal made to the Board under sub-S. (1) the Chief Town Planner shall, after giving reasonable opportunity of being heard to such person and the Planning Authority concerned, make a report to the Board.(3) The Board may, after taking into consideration the aforesaid report and if it deems necessary, giving a reasonable opportunity of being heard to such person and the Planning Authority concerned, pass such order as it deems fit.
(1) If any development of land is commenced 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 Chapter, the amount of the development charge shall, subject to prior payment of the land revenue, if any, be a first charge upon the interest of the person so liable in the land on which development has been commenced or carried out or the use has been instituted or changed and also in any other land in which such person has any interest.(2) The development charge shall be recoverable as arrears of lant revenue.
(1) Every planning Authority shall have and maintain its own Fund to which shall be credited —(a) all moneys received by the planning Authority from the Government by way of grants, loans, advances or otherwise ;(b) all development charges or other charges or fees received by the planning Authority under this Act or rules or regulations thereunder ;(c) all moneys received by the Planning Authority from any other source.(2) The Fund shall be applied towards meeting —(a) the expenditure incurred in the administration of this Act ;(b) the cost of acquisition of land in the Planning Area for purposes of development ;(c) the expenditure for any development of land in the Planning Area ; and(d) the expenditure for such other purposes as the State Government may direct.(3) Every planning Authority may keep in current account of
Every 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 financial year next ensuing showing the estimated receipts and expen#31;diture of the Planning Authority and shall forward to the State Government and the Board such number of copies thereof as may be prescribed by the rules.
(1) Every planning Authority shall maintain proper accounts and other relevant records and Prepare an annual statement of accounts including the balance sheet in such form as the State Government may be rules prescribe.(2) The accounts of every Planning Authority shall be subject 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 Planning Authority to the Accountant General.(3) The Accountant General or any person appointed by him in connection with the audit of accounts of the Planning Authority shall have the same right, privilege and authority in connection with such audit as the Accountant General has in connection with the Government accounts and in particular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect t
(1) The Board shall prepare for every year a report on its activities during that year and submit the report to the State Government in such form and on or before such day as may be prescribed by the rules and the Government shall cause a copy of the report to be laid before the State Legislature.(2) Every planning Authority shall prepare for every year a report of its activities during that year and submit the report to the State Government and the Board in such form on or before such date as may be prescribed by the rules.
(1) Every Planning Authority shall constitute for the benefit of its whole-time paid members and of its officers and other employees, hi such manner and subject to such conditions as may be prescribed by the rules, such pension and provident funds as it may deem fit.(2) Where any such pension or provident fund has been constituted, the State Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as it were a Government Provident Fund.
(1) The Chief Town Planner or Town Planning Officer of any Planning Authority or any person authorised by the Board or any Planning Auth#31;ority in this behalf, may enter into or upon any land or building with or without assist#31;ants or workmen for the purpose of—(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building ;(b) setting out boundaries and intended lines of works;(c) making such levels, boundaries and lines by placing marks and cutting trenches;(d) examining works under construction and ascertaining the course of sewers and drains;(e) digging or boring into the sub-soil;(f) ascertaining whether any land is being or has been developed in con#31;travention of any provision of this Act or rules or regulations thereunder;(g) doing any other acts necessary for the efficient administration
(1) All documents including notices and orders required by this Act or any rules or regulations made thereunder to be served upon any person shall, save as otherwise provided hi this Act or rules or regulations, be deemed to be duly served—(a) where the document is to be served on a Government department, railway, Local Authority, Statutory Authority, company, corporation, society or other body, if the document is addressed to the head of the Government depart#31;ment, general manager of the railway, secretary or principal officer of the Local Authority, Statutory Authority, company, corporation, society or any other body at its principal branch, local or registered office, as the case may be, and is either:(i) sent by registered post to such office; or (ii) delivered at such office;(b) where the person to be served is a partnership, if the document is addressed to the
Every public notice given under this Act or rules or regulations thereunder shall be in writing over the signature of the Secretary to the Board or any Planning Authority or such other officer who may be authorised in this behalf by the Board or any Planning Authority and shall be widely made known in the locality to be affected thereby by affixing copies thereof hi conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement hi a local newspaper and by such other means which the Secretary to the Board or the Planning Authority thinks fit.
Where any notice, order or other document issued or made under this Act or any rules or regulations made thereunder requires anything to be done for the doing of which no time is fixed in this Act or rules or regulations thereunder the notice, order or other document shall specify a reasonable tune for doing the same.
All permissions, orders, decisions, notices and other documents of the Board and any Planning Authority shall be authenticated by the signature of the Secretary to the Board or the Planning Authority or such other officer as may be authorised by the Board, or the Planning Authority in this behalf.
A copy of any receipt, application, plan, notice, order, entry in a register, or other document in the possession of the Board or any Planning Authority, if duly certified by the legal keeper thereof, or other person authorised by the Board or the Planning Authority in this behalf, shall be received as prima facie evidence of the existence of the entry of document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent as, the original entry of document would, if produced, have been admissible to prove such matters,
No Chairman, member or officer or servant of the Board or any planning Authority shall in any legal proceeding to which the Board or Planning Authority is not a party, be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy or to appear as a witness to prove the matters and transactions recorded therein, except by an order of the Court made for special cause.
(1) If the person committing an offence under this Act is a company, every person, who, at the time the offence was committed was hi 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: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 com#31;mitted without his knowledge or that he exercised all due diligence to prevent the com#31;mission of such offence.(2) Notwithstanding anything contained hi sub-S. (1) where an offence under this Act has been committed by a company and if it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part
If any person—(a) obstructs, or molests any person engaged or employed by the Board or any Planning Authority, or any persons with whom the Board or the Planning Authority has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act; or(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act;he shall be punishable with fine which may extend to two hundred rupees or with imprisonment for a term which may extend to two months.
No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Board or the Planning Authority concerned or any officer authorised by the Board or the Planning Authority in this behalf.
(1) The Board or as the case may be the Planning Authority concerned or any person authorised by the Board or such Planning Authority by general or special order in this behalf may, either before or after the institution of the proceeding, compound, any offence made punishable by or under this Act.(2) When an offence has been compounded, the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.
No court inferior to that of a Judicial Magistrate of the first class shall try an offence punishable under this Act.
Notwithstanding any#31;thing contained in S. 29 of the Code of Criminal Procedure, 1973 (2 of 1974) it shall be lawful for any court of Judicial Magistrate of the first class to pass any sentence Auth#31;orised by this Act in excess of its power under the said section.
All fines realised in connection with prosecution under this Act shall be paid to the Planning Authority concerned.
Every member and every officer and other employees of the Board and every Planning Authority shall be deemed to be a public servant within the meaning of S. 21 of the Indian Penal Code.
No suit, prosection 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 rule or regulation made thereunder.
Save as otherwise expressly provided in this Act, every order passed or direction issued by the State Government or the Board or order passed or notice issued by any Planning Authority under this Act shall be final and shall not be questioned in any suit or other legal proceeding.
(1) No act done or proceeding taken under this Act shall be questioned on the ground merely of—(a) the existence of any vacancy in, or any defect in the constitution of the Board or any Planning Authority;(b) any person having ceased to be a member;(c) any person associated with the Board or any Planning Authority under S. 13 having voted in contravention of the said section ;(d) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or(e) any omission, defect or irregularity not affecting the merits of the case.(2) Every meeting of the Board and any Planning Authority, the minutes of the proceedings of which have been duly signed as prescribed in sub-S. (4) of S. 6andsub-S. (4) of S. 12 shall be taken to have been duly convened and to be free from all defects and irregularity.
(1) The Board may, by a resolution, direct that any power exercisable by it under this Act, rules or regulations thereunder may also be exercised by any Planning Authority, Local Authority, or any officer of the Board, or any officer of the State Government with the previous consent or the State Government, in such case and subject to such conditions, if any, as may be specified therein.(2) The Chief Town Planner may, by an order hi writing, delegate any power exercisable by him under this Act, rules or regulations to any officer of the Board, any Planning Authority or any Local Authority, hi such cases and subject to such condi#31;tions, if any, as may by specified therein.(3) Any Planning Authority may, by a resolution, direct that any power exercis#31;able by it under this Act, rules or regulations thereunder except the power to prepare any Development Plan or to make regulations, may a
(1) The Board and every Planning Authority shall carry out such directions as may be issued from time to time by the State Government for the efficient administration of this Act and every Planning Authority shall also carry out such directions as may be issued from time to time by the Board for the purpose.(2) If in, or in connection with, the exercise of its powers and discharge of its functions by any Planning Authority under this Act, any dispute arises between the Planning Authority, the Local Authority, the Board and the State Government, the decision of the State Government on such disputes shall be final.
(1) The Board and every Planning Authority shall furnish to the State Government such reports, returns and other information as the State Government may from time to time require.(2) Every Planning Authority shall furnish to the Board such reports, returns and other information as the Board may from time to time require.
( 1) Save as aforesaid, the provisions of this Act and the rules and regulations made thereunder 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 hi respect of any land has been obtained under this Act, such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission approval or sanction required under such other law for such development has not been obtained; this shall not however, be construed as exemption to permission being obtained as required under such other laws and of payment of such fees and charges as may be prescribed by these laws ,(b) when permission for such development has not been obtained under this Act, such development shall not be deemed to be lawfully undertaken or carr
(1) The State Government may, by notification in the official Gazette, make rules to carry out the purposes of this Act.(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:(a) the functions and powers of the Board and Planning Authorities ;(b) the term of office and conditions of service of the Chairman and members of the Board and the Planning Authorities;(c) the qualification and disqualification for being chosen as and for being members of the Board or the Planning Authorities;(d) the time and place of holding and the procedure to be followed in meetings of the Board;(e) the functions and powers, duties of the Chief Town Planner, the term of his office and conditions of his service;(f) the manner of nomination of representatives of Local
Any Planning Authority may, with the previous approval of the State Government, make regulations consistent with this Act and the rules thereunder, to carry out the purposes of this Act, and without prejudice to the generality of this power such regulations may provide for—(a) the lime and place of holding and procedure to be followed in meetings of the Planning Authority and the number of members necessary to form a quorum therein;(b) the powers and duties of the officers and employees of the Planning Authority;(c) the salaries, allowances and conditions of service of the officers and employees of the Planning Authority;(d) the terms and conditions for the continuance of the use of any land used otherwise than in conformity with Development Plan;(e) any other matter which has to be or may be prescribed by regulations.
(1) Where the State Government is satisfied that the purposes for which any Planning Authority was established under this Act have been substantially achieved so as to render the continued existence of the Planning Authority in the poinion of the State Government unnecessary, the State Gov#31;ernment may, by notification in the official Gazette, declare that the Planning Authority shall be dissolved with effect from such date as may be specified in the notification ; and the Planning Authority shall be deemed to be dissolved accordingly.(2) From the said date—(a) all properties, funds and dues which are vested in or realisable by the Planning Authority shall vest in, or be realisable by the State Government;(b) all liabilities which are enforceable against the Planning Authority shall be enforceable against the State Government; and(c) for the purpose of reali
Nothing in this Act shall apply to operational constructions (in#31;cluding maintenance, development and new construction) by or on behalf of a Depart#31;ment of the Central Government.Explanation. In this section, the words ‘operational constructions’ shall mean such construction as may be prescribed in the rules by the State Government.
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