ORISSA DEVELOPMENT AUTHORITIES ACT, 1982
(1) This Act may be called the Orissa Development Authorities Act, 1982.
(2) It shall extend to the whole of the State of Orissa.
(3) It shall come into force on such date and in such area or areas as the State Government may by notification appoint, and different dates may be appointed in respect of different areas.
Note-1[In exercise of the powers conferred by Sub-section (3) of Section 1 of the Orissa Development Authorities Act, 1982 (Orissa Act 14 of 1982), the State Government do hereby appoint the 1st day of September, 1983 to be the date on which the said Act shall come into force in the area comprised Master Plan area of Cuttack, Bidanasi and Choudwar to which the provisions of Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957) were extended in the notific
In this Act, unless the context otherwise requires-
(i) "agriculture" includes horticulture, poultry farming, the raising of crops, fruits, vegetables, flowers, grass or trees of any kind, breeding of live-stock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees and the use of land for grazing cattle or for and purpose which is ancillary to the farming of land or for any other agricultural purpose, but does not include the use of land as a garden which is an appendage to a building and the expression "agricultural" shall be construed accordingly;
(ii) "amenity" includes roads, water and electric supply, open spaces, parks, recreational grounds, cultural centres, natural features, playground, street lighting, drainage, swerage, city beautification and such other utilities, services and conveniences as th
(1) Upon enforcement of this Act in any area or areas under Sub-section (3) of Section 1, the State Government shall, for the purposes of proper development of such area or areas, by notification, declare such area or areas to be a development area for the purposes of this Act and shall assign a name to such area.
(2) The State Government may, by notification and in accordance with such rules as may be made in that behalfs-
(a) exclude from a development area comprised therein ; or
(b) include in a development area any other area.
(3) As soon as may be after the declaration of a development area under Sub-section (1), the State Government shall, by notification, constitute for the said development area a Development Authority with effect from such
(1) Subject to such control and restrictions as may be prescribed by rules, the Authority may appoint a Secretary and such number of other officers and employees (including experts for technical work) as may and employees (including experts for technical work) as may be necessary for the efficient performance of its functions and may determine their designation and grades.
(2) The Secretary and other officers and employees of the Authority shall be entitled to receive from the funds of the Authority such salaries and such allowances, if any, and shall be governed by such conditions of service as may be determined by regulations made in this behalf.
1[(3) Notwithstanding anything contained in this Act or in the rules or regulations made thereunder, for the purpose of smooth and efficient administration of the affairs of the Authorities
(1) The State Government shall, as soon as may be after the constitution of the Authority, by notification, constitute an advisory Council for the purpose of advising the Authority on the preparation of development plans and development schemes and on such other matters relating to the planning of development, or arising out of, or in connection with, the administration of this Act as may be referred to it, by the Authority.
(2) The Advisory Council shall consist of the following members,
namely :
1[(a) The President, who shall be appointed by the State Government;]
2[(a-1) the Vice-Chairman, member ex officio;
(b) the members of the Authority referred to in Clauses (g) and (h) of Sub-section (5) of Sect
(1) The Authority may constitute as many committees consisting wholly of members or wholly of other persons or partly of members and partly of other persons and for such purpose or purposes as it may think fit.
(2) A Committee constituted under this section shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by regulations made in this behalf.
(3) The members of a Committee (other than those who are members of the Authority) shall be paid such fees and allowances for attending its meetings and for attending to any other work of the Authority, as may be determined by regulations made in this behalf.
The objects of the Authority shall be to promote and secure the development of all or any of the area comprised in the development area concerned according to plan and for that purpose the Authority shall have power to acquire, hold, manage and dispose of land and other property, to carry out building, engineering, mining and other operations, to execute works in connection with supply of water and electricity, disposal of sewage, and other services and amenities and generally to do anything (including controlling development and coordinating developmental programmes of related agencies) necessary or expedient for purposes of such development and for purposes incidental thereto :
Provided that save as provided in this Act, nothing contained in this Act shall be construed as authorising the disregard by the Authority of any law for the time being in force.
(1) The Authority shall, as soon as may be, prepare in interim development plan for the whole or part of the development area concerned :
Provided that if before the constitution of an Authority for any development area, a Master Plan of such development area or part thereof has been published under Section 31 of the Orissa Town Planning and Improvement Trust Act, 1966 (Orissa Act 10 of 1957) or approved under Section 32 of the said Act, the said Master Plan shall be deemed to be an interim development plan published by the Authority or, as the case may be, approved by the State Government under the relevant provision of this Act.
(2) The interim development plan shall indicate broadly the manner in which the area covered by it shall be used and shall contain zoning regulations regulate the development in each zone.
(1) Simultaneously with the preparation of the interim development plan or immediately, thereafter, the Authority shall carry out a civic survey and prepare a comprehensive development area or the part thereof, as the case may be :
The comprehensive development plan shall-
(a) define the various zones into which the land covered by the comprehensive development plan may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be sued (whether by the carrying out thereon of development or otherwise) and the stages by which any such development shall be carried out ; and
(b) serve as a basic pattern of frame-work within which the zonal development plans of the various zones may be prepared.
(2)
(1) Simultaneously with the preparation of comprehensive development plan or as soon as may be thereafter, the Authority shall proceed with the preparation of a zonal development plan for each of zones into which the area covered by the comprehensive development plan may be divided.
(2) A zonal development plan may -
(a) contain a site-plan and use-plan for the development of the area covered, by the zonal development plan and show the approximate location and extent of land-uses proposed in that area for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, market, schools, hospitals and other categories of public and private uses;
(b) specify the standards of population density and building density ;
Every development plan shall, as soon as may be after its preparation, be submitted by the Authority to the State Government for approval, and the State Government, in consultation with the Director, may, either approve the plan without modifications or with such modifications as it may consider necessary, or reject the development plan, with direction to the Authority to prepare a fresh development plan on lines indicated by the Government.
(1) Before preparing any development plan finally and submitting it to the State Government for approval, the Authority shall prepare a development plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the draft development plan before such date as may be specified in the notice, not being earlier than sixty days from the publication of the notice.
(2) The Authority shall also give reasonable opportunity to every local authority within whose limits any land covered wholly or partly by the development plan is situated, to make any representation with respect to the development plan.
(3) After considering all objections, suggestions and representatio
(1) As soon as may be after a development plan has been approved by the State Government, the Authority shall publish the approved development plan in such manner as may be prescribed by regulations and shall also publish a notice in the Gazette and in at least one local newspaper stating that the development plan has been approved and mentioning the hours .and the place where a copy of the development plan may be inspected.
(2) A notice under Sub-section (1) shall be conclusive evidence that the development plan has been duly prepared and approved. The said plan shall come into operation from the date of publication of such notice in the Gazette.
(3) After coming into operation of the comprehensive development plan, the interim development plan shall stand superseded and .shall become inoperative and the provisions of the comprehensiv
(1) The Authority may make any modifications to any development plan as it thinks fit, being modifications, which, in its opinion, do not affect important alterations in the character of the plan and which do not relate to the extent of land uses or the standards of population density.
(2) The State Government may make any modifications to any development plan whether such modifications are of the nature specified in Sub-section (1) or otherwise.
(3) Before making any modifications to the development plan, the Authority or, as the case may be, the State Government shall publish a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all objections
(1) Notwithstanding anything contained in any other law, after the constitution of an Authority for any development area under Sub-section (2) of Section 3, no person including a department of the Central or a State Government or a local authority or a body corporate constituted under any law shall within the development area-
(i) subdivide any land for utilising, selling, leasing out or otherwise disposing it of unless he, after obtaining written permission from the Authority, lays down and makes a street or streets giving access and right of way to all the plots into which he intends to subdivide the land so as to connect them with an existing public or private street and also provides amenities, if any, specified by the development plan in: operation or regulations pertaining to planning or building standards made in this behalf;
(ii)
(1) Every person including a department of the Central Government or a State Government or a local authority or a body corporate constituted under any law intending to-
(a) subdivide his land for utilising, selling, leasing out or otherwise disposing it of; or
(b) institute or change the use of any land or building or under take or carry out any development in any building ; or in or over any land, except where such development is for any of the purposes specified in the proviso of Sub-section (1) of Section 15;
shall make an application in writing to the Authority for permission in such form and containing such particulars and accompanied by such documents as may be prescribed by regulations.
(2) Every application under Sub-section (1) shall be a
If at any time after permission for development has been granted under Sub-section (3) of Section 16, the Authority is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the application for such permission, it may, by order in writing and for reasons to be recorded cancel such permission and any development undertaken in pursuance of such permission shall be deemed to have been undertaken without permission as required under Section 15 :
Provided that before making any such order the Authority shall give reasonable opportunity to the person affected to show cause as to why such order of cancellation should not be made.
Case Law :
Permission for construction of kiosks - Subsequent cancellation - Development Authority
(1) Any applicant aggrieved by an order under Section 16 or Section 17 may, in such manner and accompanied by such fee as may be prescribed by rules prefer an appeal within forty-five days of the receipt of the order to the State Government or an officer appointed by the State Government in this behalf.
(2) The appellate authority may, after giving a reasonable opportunity to the appellant and the Authority of being heard, by order, either dismiss the appeal or allow it by passing an order granting permission unconditionally or granting permission subject to such condition, as it may think fit, or removing the conditions subject to which permission has been granted and imposing conditions, if any as it may think fit.
(3) The decision of the appellate authority shall be final and shall not be questioned in any Court of law.
&nb
After the coming into operation of any of the development plans in any area no person shall use or permit to be used any land or building in that area otherwise than in conformity with such development plan :
Provided that it shall be lawful to continue the use upon such terms and conditions as may be prescribed by regulations made in this behalf of any land or building for the purpose and to the extent for and to which it is being used upon the date on which such development plan comes into force.
Every permission granted under this Chapter shall remain valid up to three years during which period completion certificate from a registered architect or engineer or a person approved by the Authority in the forms prescribed by regulations shall be submitted and of this is not done, the permission shall have to be re-validated before the expiration of this period on payment of such fee as may be prescribed under rules and such revalidation shall be subject to the rules and regulations then in force.
(1) Subject to the provisions of this Act and rules or regulations made thereunder, the Authority may undertake development in any area under its jurisdiction by framing and executing development schemes.
(2) Notwithstanding anything contained in Sub-section (1), it shall be lawful for the Authority to undertake development in any area outside its jurisdiction for the purpose of providing amenities and utilities which are wholly or partly beneficial to the residents of the area under its jurisdiction.
(3) A development scheme may make provision for all or any of the following matters, namely :
(a) acquisition of land by purchase, lease or otherwise and to erect thereon such buildings or to carry out such operations as may be necessary for the purpose of carrying on its objects;
&nbs
Subject to the provisions of this Act and rules made thereunder the Authority may make one or more town planning schemes for the area under its jurisdiction or any part thereof.
(2) Notwithstanding anything contained in Sub-section (1) it shall be lawful for an Authority to undertake preparation and execution of a town planning scheme in any area outside its jurisdiction for the purpose of providing amenities and utilities wholly or partly beneficial to the residents of the area under its jurisdiction.
(3) A town planning scheme may be made in accordance with the provisions of this Act in respect of any land which is in the course of development or is likely to be used for building purposes or is already built upon.
Explanation-For the purpose of this sub-section the expression "land likely
(1) Before making any town planning scheme in respect of any area, the Authority may, by resolution declare its intention to make such a scheme in respect of such area.
(2) Within thirty days from the date of the declaration of the intention to make town planning scheme under Sub-section (1), the Authority shall publish the declaration (hereinafter referred to as declaration) in the Gazette and in such other manner as may be prescribed by rules and despatch a copy thereof, alongwith a plan showing the area which it proposes to include in the town planning scheme, to the State Government.
(3) Within fifteen days from the date of publication of the declaration under Sub-section (2) the Authority shall publish a notice in the manner prescribed by rules in the Gazette and at least in one local newspaper inviting informations in the form pr
.-(1) Within twelve months from the date of declaration of intention to prepare a town planning scheme the Authority shall prepare a draft town planning scheme for the area in respect of which the said declaration has been made :
Provided that on application by the Authority in behalf, the State Government may, from time to time, by notification extend the aforesaid period by such period or periods, as may be specified therein, so however that the period or periods so extended shall not, in any case, exceed six months in aggregate.
(2) The Authority shall immediately after the preparation of the draft town planning scheme prepare a notice stating that draft town planning scheme in respect of the area for which intention to prepare such scheme was declared under Sub-section (1) of Section 23 has been prepared and that the boundaries of
Notwithstanding anything contained in Sections 23 and 24, the State Government may, after making such enquiry as it may deem necessary, by notification, require any Authority to make and publish in the manner prescribed by rules and submit to it for sanction, a draft town planning scheme in respect of any area in regard to which a town planning scheme may be made.
(2) For the purposes of this Act and the rules made thereunder, the publication of notification under Sub-section (1) shall be deemed to be publication of a declaration under Sub-section (2) of Section 23.
If, at any time, before a draft town planning scheme is prepared and submitted to the State Government for sanction, the Authority is of the opinion that an additional area be included within the said scheme, the Authority may, after informing the State Government and after giving notice in the Gazette and in at least on local newspaper include such additional area in the draft town planning scheme and thereupon all the provisions of Sections 22, 23, 24 and 25 shall apply in relation to such additional area as they apply to any original area of the town planning scheme and the draft town planning scheme shall be prepared for the original area and such additional area and be submitted to the State Government for sanction.
A draft town planning scheme shall contain all or any of the following particulars, as far as may be necessary, namely :
(a) the ownership, area and tenure of each original plot;
(b) particulars of land allotted or reserved under Clauses (a) and (g) of Sub-section (4) of Section 22 with a general indication of uses to which such land is to be put and the terms and conditions subject to which, such land is to be put to such use ;
(c) the extent to which it is proposed to alter the boundary of original plots by reconstitution;
(d) an estimate of the total cost of the town planning scheme and the net cost to be borne by the Authority;
(e) a full description of all the details of the town planning scheme with
(1) In the draft town planning scheme, the size and shape of every reconstituted plots 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 building, as far as possible, complies with the provisions of the draft town planning scheme as regards open spaces.
(2) For the purposes of Sub-section (1) a draft town planning scheme may contain proposals-
(a) to form a final plot by reconstitution of an original plot by alteration of the boundaries of the original plot if necessary ;
(b) to form a final plot from an original plot, by the transfer wholly or partly of any adjoining lands ;
(c) to provide with the consent of the owners, that two or more original plots, wh
-(1) Where there is dispute as to the ownership of any land included in an area, in respect of which a declaration has been made under Sub-section (1) of Section 23 and any entry in the records-of-right or mutation relevant to such dispute is inaccurate or inconclusive, an enquiry may be held on an application being made by the Authority or the Valuation Officer at any time prior to the date on which the Valuation Officer draws up the preliminary town planning schemes under Section 35 by such officer as the State Government may appoint for the purpose of deciding as to who shall be deemed to be the owner for the purposes of this Act.
(2) Such decision shall not be subject to appeal but it shall not operate as a bar to a regular suit in the Court of competent jurisdiction.
(3) Such decision shall, in the event of the Civil Court passing
All objections, suggestions or representations received in respect of a draft town planing scheme in response to, and within the period specified in the notice published under Clause (a) of Sub-section (3) of Section 24 shall be forthwith considered by the Authority which may, after hearing all such persons making any such objections, suggestions or representations as may have desired to, be heard or their duly authorised agents, may, at any time before submitting the draft town planning scheme to the State Government, as hereinafter provided, modify such town planning scheme as it considers fit.
The Authority shall, within six months from the date of publication of the notice regarding preparation of the draft town planning scheme under Clause (a) of Sub-section (3) of Section 24, submit the draft town planning scheme with modification, if any, that (may have been made under Section 30, together with the objections, suggestions and representations which may have been communicated to it to the State Government for sanction.
(2) After receiving the draft town planning scheme and after making such enquiry as it may think fit, the State Government may, within six months from the date of its receipt by notification, either sanction the draft town planning scheme with or without modification or subject to such conditions as it may think fit to impose, or refuse to accord section.
(3) If the State Government sanctions the draft town
On or after the date on which a draft town planning scheme is published under Clause (a) of Sub-section (3) of Section 24, no person shall, within the area included in the scheme, carry out any development unless such person has applied for and obtained the necessary permission for doing so from the Authority in the form prescribed by rules.
(2) Where an application for permission under Sub-section (1) is received by the Authority, it shall send to the applicant a written acknowledgement of its receipt and after making such enquiry as it deems fit and in consultation with the Valuation Officer, if any, may either grant or refuse such permission or grant it subject to such conditions as it may think fit to impose.
(3) The provisions of Sections 90, 91 and 93 shall as far as may be, apply in relation to unauthorised development or use of
The Orissa Development Authorities Act, 1982, was enacted to facilitate the planned development of urban and rural areas in the state of Orissa. Section 32 specifically addresses the restrictions on land use and development following the publication of a draft town planning scheme.
Section 32 imposes restrictions on the use and development of land after the publication of a draft town planning scheme. This is aimed at ensuring that any development aligns with the proposed planning scheme, thereby promoting organized urban growth.
The scope of Section 32 is broad, covering all types of land use and development activities within the jurisdiction of the Development Authority. It is designed to prevent unauthorized or unplanned development that could undermine the objectives of the town planning scheme.
While the specific punitive measures for violations of Section 32 are not detailed in the provided sources, it is implied that contraventions may lead to legal repercussions as determined by the authority or relevant legal frameworks.
(1) Within one month from the date, on which the sanction of the State Government to a draft town planning scheme is notified in the Gazette, the State Government shall appoint a Valuation Officer, possessing such qualifications as may be prescribed by rules for the purpose of such town planning scheme and provide him with such number of officers and staff as may be considered necessary and his duties shall be as hereinafter provided.
(2) When a person appointed as Valuation Officer under Sub-section (1) ceases to hold the office and another person is appointed in his place, any proceedings pending before such officer immediately before the date he ceases to hold the office, shall be continued and disposed of by the Valuation Officer appointed in his place.
(3) A Valuation Officer appointed under Sub-section (1) for the purpose of any
Within a period of twelve months from the date of his appointment, subject, however, to the provisions of Sub-section (2) of Section 33, the Valuation Officer shall, after following the procedure prescribed by rules, subdivide the town planning scheme into a preliminary town planning scheme and a final town planning scheme:
Provided that the State Government may, from time to time, by order in writing, extend the said period by such further period or periods, as may be specified in the order and any such order, extending, the period may be made so as to have retrospective effect.
-(1) In a preliminary town planning scheme, the Valuation Officer shall -
(i) after giving notice in the manner and in the form prescribed by rules to the persons affected by the town planning scheme, define and demarcate the areas allotted to, or reserved for, any public purpose, or for any purpose of the Authority and the final plots;
(ii) after giving notice as aforesaid, determine in a case in which a final plot is to be allotted to persons in ownership in common, the shares of such persons;
(iii) provide for the total or partial transfer of any right in an original plot to a final plot or provide for the transfer of any right in an original plot, in accordance with the provisions of Section 64 ;
(iv) determine the period within which the works
Except in matters arising out of Clauses (iii), (iv), (vi), (vii), (viii) and (x) of Sub-section (3) of Section 35 every decision of the Valuation Officer shall be final and binding on all persons including the Authority.
All decisions of the Valuation Officer under Clauses (iii), (iv), (vi), (vii), (viii) and (x) of Sub-section (3) of Section 35 shall forthwith be communicated to the party concerned in the form prescribed by rules and any party aggrieved by such decision, may, within one month from the date of communication of the decision, prefer an appeal to the Board of Appeal constituted under Section 38.
-(1) The State Government shall, by notification, constitute one or more Boards of Appeal having such local jurisdiction as may be specified in the notification.
(2) Each Board of Appeal shall consist of a president and two members to be appointed by the State Government.
(3) The President shall be from among the Officer of the Orissa Superior Judicial Service (Senior Branch) and the members shall be persons having knowledge and experience in valuation of land, town planning or civil engineering.
(4) The President and the members shall be appointed for such period as may, from time to time be specified by the State Government.
(5) The State Government after giving an opportunity of being heard may, if it thinks fit, remove for incompetence or mi
The President may require the Valuation Officer to be present at the hearing of the appeal for assisting it on matters to be determined by the President.
The Board of Appeal may sit at such place as the State Government may determine.
All questions of law and procedure shall be decided by the President and all other questions shall be decided by the President and the two members or by a majority of them.
(1) After making such inquiry as it may think fit, the Board of Appeal may either direct the Valuation Officer to reconsider his proposals or may accept, modify, vary or reject the proposals of the Valuation Officer.
(2) The decision of the Board of Appeal shall be final and binding on all persons.
Nothing contained in this Act shall be deemed to constitute the Board of Appeal to be a Court.
(1) The President and the members 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 by way of salary and partly by way of fees, as the State Government may, from time to time, determine.
(2) The salary of the President of the Board of Appeal or a member who is a salaried Government officer and any remuneration payable under Sub-section (1) and all expenses incidental to the working of the Board of Appeal shall, unless the State Government otherwise determines be defrayed out of the funds of the Authority and shall be added to the costs of the town planning scheme.
(1) Where no appeal has been preferred under Section 37 in respect of a matter arising out of Clause (iii), Clause (iv), Clause (vi), Clause (vii), Clause (viii) or Clause (x) of Sub-section 3 of Section 35, the decision of the Valuation Officer shall be final and binding on the parties.
(2) The Board of Appeal shall send a copy of its decision in appeal to the Valuation Officer who shall, if necessary make any variation in the town planning scheme in accordance with such decision and shall forward the final town planning scheme together with a copy of his decision under Section 36 and a copy of the decision of the Board of Appeal to the State Government for sanction.
(1) After a Valuation Officer has been appointed under Section 33, the Authority may apply to him to split up the draft town planning scheme into different sections and to deal with each section separately as if such section were a separate draft town planning scheme.
(2) On receipt of an application under Sub-section (1), Valuation Officer may, after making such inquiry as he think fit, split up the draft town planning scheme into sections.
(3) The provisions of this Act and the rules made thereunder shall, so far as may be, apply to each of such sections as if it were a separate draft town planning scheme.
The Valuation Officer shall submit to State Government for sanctioning the preliminary town planning scheme also before the final town planning scheme is submitted to the State Government under Sub-section (2) of Section 35, together with a copy of his decision under Section 36.
-(1) On receipt of the preliminary town planning scheme, or, as the case may be, the final scheme, the State Government may-
(a) in the case of a preliminary town planning scheme within a period of two months from the date of its receipt; and
(b) in the case a final town planning scheme within a period of three months from he date of its receipt, by notification, in the Gazette, sanction the preliminary town planning scheme or the final town planning scheme or refuse to accord sanction; provided that, in sanctioning any such scheme the State Government may make such modifications as may, in its opinion be necessary for the purpose of correcting an error, irregularity or informality.
(2) If the State Government sanctions the preliminary town planning scheme or the final town planning scheme, i
If at any time before the preliminary town planning scheme is forwarded by the Valuation,Officer to the State Government, a representation is made to the Valuation Officer by the Authority that the scheme should be withdrawn, the Valuation Officer 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.
(2) The State Government, after making such inquiry as it may, deem fit, may, if it is of opinion that it is necessary or expedient so to do, by notification, direct that the town planning scheme shall be withdrawn and upon such withdrawal, no further proceedings shall be taken in regard to such town planning scheme.
On the day on which the preliminary town planning scheme comes into force-
(a) all lands required by the Authority shall, unless it is otherwise determined in such scheme, vest absolutely in the Authority free from all encumbrances;
(b) all rights in the original plots which have been reconstituted into final plots shall stand extinguished and the final plots shall become subject to the rights settled by the Valuation Officer.
On and after the date on which a preliminary town planning scheme comes into force any person continuing to occupy any land which he is not entitled to occupy under the preliminary town planning scheme shall, in accordance with the procedure prescribed under rules, be summarily evicted by the Authority.
On and after the date on which the preliminary town planning scheme comes into force, the Authority shall after giving the notice prescribed under rules and in accordance with the provisions of the town planning scheme-
(a) remove, pull down, or alter any building or other work in the area included in the town planning scheme which is such as contravenes the town planning scheme or in the erection or carrying out of which any provision of the town planning scheme has not been complied with;
(b) execute any work which it is the duty of any person to execute under the scheme in any case where it appears to the Authority that delay in the execution of the work would prejudice the efficient operation of the town planning scheme.
(2) Any expenses incurred by the Authority under this section shall
(1) If after the preliminary town planning scheme or the final town planning scheme has come into force, the Authority considers that any of such scheme is defective on account of an error, irregularity or informality the Authority may apply in writing to the State Government for the variation of the town planning scheme.
(2) If on receiving such application or otherwise, the State Government is satisfied that the variation required is not substantial, the State Government shall publish a draft of such variation in the manner prescribed by rules.
(3) The draft variation published under Sub-section (2) shall state every variation proposed to be made in the scheme and if any such variation relates to a matter specified in any of the Clauses (b), (c), (d), (e), (g) and (i) of Sub-section (4) of Section 22, the draft variation shall also c
Notwithstanding anything contained in Section 53, a town planning scheme may at any, time be varied by a subsequent town planning scheme made, published and sanctioned in accordance with the provisions of this Act.
(1) If at any time after the final town planning scheme comes into force the Authority is of the opinion that the regulations relating to a town planning scheme require to be amended, it may publish the requisite draft amended in the manner prescribed by rules and invite suggestions or objections as thereto from any person.
(2) If within one month from the date of publication of the draft amendment, any person communicates in writing to the Authority any suggestions or objections relating to such amendment, the Authority shall consider such suggestions or objections and may, at any time before submitting the draft amendment to the State Government as hereinafter provided, modify such amendment as it thinks fit.
(3) The Authority shall within a period of two months from the date of its publication, submit the draft amendment along with
If at any time after the date on which the town planning scheme has come into force, such scheme is varied, any person who has incurred any expenditure for the purpose of complying with such scheme shall be ,entitled to be compensated by the Authority for the expenditure, if such expenditure is rendered abortive by reason of the variation of such scheme.
In the event of a town planning scheme being withdrawn or sanction to a preliminary town planning scheme being refused by the State Government, the State Government may direct that the costs of the scheme shall be borne by the Authority to such extent as may be determined by the State Government.
Every party to any proceedings before the Valuation Officer or the Board of Appeal shall be entitled to appear either in person or by his recognised agent.
For the purposes of this Act, an officer appointed under Sub-section (1) of Section 29 and the Valuation Officer shall have the same powers in making enquiries under this Act as are vested in a Civil Court in respect of the following matters under the Code of Civil Procedure, 1908 (5 of 1908) in trying a suit, namely-
(a) summoning and enforcing the attendance of any person and examining him on oath -
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits ;
(d) issuing commissions for the examination of witnesses or documents.
-(1) The costs of a town planning scheme shall include-
(a) all sums payable by the Authority under the provisions of this Act which are not specifically excluded from the costs of the town planning scheme ;
(b) all sums spent or estimated to be spent by the Authority in the making and execution of the town planning scheme ;
(c) all sums payable as compensation for land reserved or designated for any public purpose or for the Authority which is solely beneficial to the owners of land or residents within the area of the town planning scheme;
(d) such portion of the sums payable as compensation for land reserved or designated for any public purpose or for the purposes of the Authority which is beneficial partly to the owners of land or residents withi
For the purpose of this Act, the increments shall be deemed to be the amount by which at the date of publication of the declaration in the Gazette under Sub-section (2) of Section 23, the market value of the plot included in the final town planning scheme estimated on the assumption that the town planning scheme has been completed would exceed at the same date the market value of the same plot estimated without reference to improvements contemplated in the town planning scheme :
Provided that in estimating such value, the value of buildings or other works erected or in the course of erection on such plot shall not be taken into consideration.
(1) The costs of the town planning scheme shall be met wholly or in part by a contribution to be levied by the Authority on each final plot included in the final town planning scheme calculated in proportion to the increment which is estimated to accrue in respect of such plot by the Valuation Officer
Provided that-
(i) where costs of the town planning scheme does not exceed half the increment, the costs shall be met wholly by a contribution ; and
(ii) where it exceeds half the increment, to the extent of half the increment it shall be met by a contribution and the excess shall be borne by the Authority;
(iii) where a plot is subject to a mortgage with possession or to a lease, the Valuation officer shall determine in what proportion the mortgage o
The amount by which the total value of the final plot included in the final town planning scheme with all the buildings and works thereon allotted to a 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, as the case may be, added to the contribution leviable from such person, each of such plots being estimated at its market value at the date of publication of the declaration in the Gazette under Sub-section (2) of Section 23 or at the date of the notification issued by the State Government under Sub-section (1) of Section 25, as the case may be, and without reference to improvements contemplated in the town planning scheme other than improvements due to the alteration of its boundaries.
Any right in an original plot which in the opinion of the Valuation Officer 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 Valuation Officer is not capable of being so transferred shall be extinguished :
Provided that an agricultural lease shall not be transferred from an original plot to a final plot without the consent of all the parties to such lease.
The owner of any property or right which is injuriously affected by the making of a town planning scheme shall, if he makes a claim before the Valuation Officer within the time prescribed by rules, be entitled to be compensated in respect thereof by the Authority or by any person benefited or partly by the Authority and partly by such person as the Valuation Officer may in each case determine :
Provided that the value of such property or right shall be deemed to be its market value at the date of the publication of the declaration in the Gazette under Sub-section (2) of Section 23 or at the date of the Notification issued by the State Government under Sub-section (1) of Section 25, as the case may be, without reference to improvement contemplated in the town planning scheme.
(1) No compensation shall be payable in respect of any property or private right 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 effect.
(2) Any property or private right shall not be deemed not injuriously affected by reason of any provision inserted in a town, planning scheme which impose any condition or restriction in regard to any of the matter specified in Clause (q) of Sub-section (4) of Section 22.
If the owner of an original plot is not provided with a plot in the preliminary town planning scheme or if the contribution to be levied from him under Section 67 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 Authority in cash or in such other manner as may be agreed upon by the parties.
(1) If from any cause the total amount which would be due to the Authority under the provisions of this Act from the owner of a final plot to be included in the final town planning scheme exceeds the value of such plot estimated on the assumption that the town planning scheme has been completed, the Valuation Officer shall at the request of the Authority direct the owner of such plot to make payment to the Authority of the amount of such excess.
(2) If such owner fails to make such payment within the period prescribed by rules the Valuation Officer shall, if the Authority so requires, acquire the original plot of such defaulter and operation, the compensation among the owner and other persons interested in the plot on payment by the Authority of the value of such plot estimated at its market value at the date of publication of the declaration in the Gazette under Sub-section (2) o
All payments due to be made to any person by the Authority under this Act shall, as far as possible, be made by adjustment in such account with the Authority in respect of the final plot concerned or of any of the plot in which he has an interest and failing such adjustment, shall be paid in cash or in such other manner 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 the final town planning scheme may at the option of the contributor be paid in lumpsum or in annual instalments not exceeding ten.
(2) If the owner elects to pay the amount by instalments, interest at six percent per annum shall be charged on the net amount payable.
(3) If the owner of a plot fails to exercise the option on or before the date specified in a notice issued to him in that behalf by the Authority, he shall be deemed to have exercised the option of paying contribution in 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 exercise the option.
(4) Where two or more final plots
(1) The 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 planing scheme, 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.
(2) Such agreement shall not in any way affect the duties of the Valuation Officer as described in this Chapter or the rights of third parties but it shall be binding on the parties to the agreement notwithstanding any decision that may be passed by the Valuation Officer :
Provided that if the agreement is modified by the State Government either party shall have the option of avoiding it, if he so elects.
If in the opinion of the State Government any land is required for the purpose of development, or for any other purpose, under this Act the State Government may acquire such land under the provisions of the Land Acquisition Act, 1894 (1 of 1894).
Where any land has been acquired by the State Government under Section 72 it may, after it has taken possession of the land, transfer the land to the Authority or any local authority for the purpose for which the land has been acquired on payment by the Authority or the local authority of the compensation awarded under that Act and of the charges incurred by the State Government in connection with the acquisition.
The Authority may acquire movable or immovable properties by purchase, exchange, gift, lease, mortgage or by any other method permissible under law.
-(1) The State Government may, by notification and upon such terms and conditions as may be agreed upon between that Government and the Authority, place at the disposal of the Authority any developed or undeveloped State Government land situated within the jurisdiction of the Authority for the purpose of development in accordance with the provisions of this Act.
(2) No development of State Government land shall be undertaken or carried out except by or under the control and supervision of the Authority after such land has been placed at the disposal of the Authority under Sub-section (1).
(3) If any State Government land placed at the disposal of the Authority under Sub-section (1 ) is required at any time thereafter by the State Government, the Authority shall, by notification replace it at the disposal of that Government upon such te
The disposal of any land acquired by the State Government and transferred to the Authority under Section 73 or any land transferred to the Authority under Sub-section (1) of Section 75 or any other land without carrying out development thereon, or any other movable or immovable properties belonging to the Authority shall be done in accordance with the rules made for the purpose in this behalf.
(1) The Authority shall have and maintain its own fund to which shall be credited-
(a) all moneys received by the Authority from the State Government by way of grants, loans, advances or otherwise ;
(b) all moneys borrowed by the Authority from sources other than the State Government by way of loans or debentures ;
(c) all fees and charges received by the Authority under this Act;
(d) all moneys received by the Authority from the disposal of land, buildings and other properties, movable and immovable;
(e) all moneys received by the Authority under Sections 78 and 79 ;
(f) all moneys received by the Authority by way of rents and profits or in any other manner or
(1) The duty imposed under the Indian Stamp Act, 1899 (2 of 1899), in respect of any deed of transfer of immovable property shall, in the case of immovable property situated within the area to which this Act applies, be increased by three per centum on the value of the property transferred or in the case of a usufructuary mortgage on the amount secured by the instrument.
(2) For the purposes of this section, Section 27 of the Indian Stamp Act, 1899 (2 of 1899), as amended from time to time, shall be construed as if it specifically required the particulars referred to therein to be set forth separately in respect of -
(a) property situated in municipal areas ; and
(b) property situated outside the municipal areas.
(3) For the purpose of this sectio
(1) Every urban local body within the development area shall pay to the concerned Authority on the first day of each half year, so long as the Authority continues to exist, a sum not exceeding ten per centum of its revenues in a year from all sources other than service taxes, as may be determined by the State Government, from time to time.
(2) The payment provided by Sub-section (1) shall be made in priority to all other payments due from the concerned urban local body except those referred to in Section 116 of the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950).
The Authority 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 the Authority and shall forward to the State Government such number of copies thereof as may be prescribed by rules.
(1) The 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 by rules prescribe in consultation with the Accountant General, Orissa.
(2) The accounts of the Authority shall once in every financial year, be examined and audited under the provisions of the Orissa Local Fund Audit Act, 1948 (Orissa Act 5 of 1948).
(3) The accounts of the Authority shall also be subject to Audit annually by the Accountant-General, Orissa and any expenditure incurred by him in connection with such audit shall be payable by the Authority to the Accountant-General, Orissa.
(4) The Accountant-General, Orissa and any person appointed by him in connection with the audit of accounts of the Au
The 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 and on or before such date as may be prescribed by rules and the State Government shall cause a copy of the report along with the annual statement of accounts and balance-sheet prepared by the Authority under Sub-section (1) of Section 81 to be laid before the State Legislature.
(1) The Authority shall constitute for the benefits 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 pensions 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 Fund Act, 1925 (Act 19 of 1925) shall apply to such fund as if it were a Government provident fund.
Subject to the provisions of this Act and the rules made thereunder, the Authority may, with the previous sanction of the State Government, by notification levy a development charge on lands and buildings within the area under its jurisdiction at such rate, not exceeding the maximum rates specified in Section 85, as it may determine :
Provided that different rates of development charges may be specified for different parts of the relevant area or areas and for different uses.
-(1) The development charges on lands and buildings leviable under Section 84 shall be assessed with reference to their use for different purposes, such as-
(i) Industrial ;
(ii) Commercial;
(iii) Residential and
(iv) Miscellaneous :
Provided that in classifying the lands or buildings under any of the purposes mentioned in Sub-section (1) the predominant purpose for which such lands and buildings are used shall be the main basis.
(2) The rates of development charges shall be determined-
(a) in the cases of development of land, at a rate to be specified per hectare; and
(
Any person who 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, and any person 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 Authority, within such time and in such manner as may be prescribed by rules for the assessment of development charges payable in respect thereof.
(2) On an application being made under Sub-section (1) or if no such application is made, after serving a notice in writing on the person liable to such payment, the Authority shall, after giving the person concerned an opportunity of being heard, and after calling for a report in this behalf from the officer concerned of the Authority, determine whether or not any devel
(1) The State Government may, by notification constitute a Tribunal, which shall consist of one person only to be appointed by the State Government from among the officers of the Orissa Superior Judicial Service (Senior Branch).
(2) The Tribunal shall have the power to call for records of all proceedings relating to the dispute and shall, after giving the parties concerned a reasonable opportunity of being heard, pass such orders as it deems fit.
(3) In disposing of an appeal, the Tribunal may make such consequential orders and issue such directions as it may deem necessary for giving effect to its decision.
(4) The decision the Tribunal shall be final and binding on all parties and shall not be called in question in any Court of law.
(1) The State Government may, by notification, constitute an Art Commission for the State which shall consist of a Chairman and such other members representing among others, visual arts or architecture, Indian History of Archeology and the Environmental Science, as it may appoint.
(2) It shall be the duty of Art Commission to make recommendations to the State Government as to-
(i) restoration and conservation of urban design and of the environment in the development area ;
(ii) the planning and development of future urban design and of the environments ;
(iii) the restoration and conservation of archeological and historical sites and sites of high scenic beauty ;
(iv) the grants, concessions and other mo
The Director or any officer authorised by him, the Valuation Officer or any person authorised by the State Government, the Authority or by the aforesaid Valuation officer may enter into or upon any land or building with or without assistants or workmen for the purpose of -
(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building or taking photographs thereof;
(b) examining works under construction and ascertaining the course of sewers and drains ;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and intended lines of works;
(e) making such levels, boundaries and lines by placing marks and cutting trenches;
(1) Any person who, whether at his own instance or at the instance of any other person or any body (including a department of Government), undertakes or carries out development of any land in contravention of the development plan or without the permission, approval or sanction referred to in Section 15 or in contravention of any condition subject to which such permission, approval or sanction has been granted, shall on conviction, be punishable with simple imprisonment for a term, which may extend to six months, or with fine which may extend to ten thousand rupees or with both and the Court shall in such order of conviction direct that if such contravention continues after the date of the order of conviction, a fine not exceeding five hundred rupees per day during the period during which the contravention continues, shall be recovered from the person so convicted :
Provided that i
(1) Where any development has been commenced or is being carried on or has been, completed in contravention of the development plan or without the permission, approval or sanction referred to in Section 15 or in contravention of any condition subject to which such permission, approval or sanction has been granted 1[or any development deemed to be a development undertaken, carried out of completed without a permission as referred to in Section 15 under Clause (b-1) of Sub-section (2) of Section 128] any officer of the Authority empowered by it in this behalf, may in addition to any prosecution that may be instituted under this Act, make an order directing that such development shall be removed by demolition, falling or otherwise by the owner thereof or by the person at whose instance the development has been commenced or is being carried out or has been completed, within such period not being less than five days and more than
-(1) Where any development in any area has been commenced in contravention of the development plan or without the permission, approval or sanction referred to in Section 15 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, the Authority or any officer of the Authority empowered it by in this behalf, may, in addition to any prosecution that may be instituted under this Act, make an order requiring the development to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly.
(2) Where such development is not discontinued in pursuance of the order under Sub-section (1), the Authority or the officer of the Authority, as the case may be, may require any police officer to remove the person by whom the development has been commenced and all his assistants and workmen fro
(1) If the person committing an offence under this Act is a company, every person who, at the time 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 :
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 committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in Sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance
(1) Whenever any building or any street, square or other land, or any part thereof, which is situated within any development area and is vested in any local authority, is required for the purposes of development by the Authority, it shall give notice accordingly to the Executive Officer of the concerned local authority, and such building, street, square, other land or part thereof, shall, notwithstanding anything contained in the law under which the said local authority is constituted, thereupon vest in the Authority.
(2) Where any property vests in the Authority under Sub-section (1) and the Authority makes a declaration that such property shall be retained by it for a period to be specified in the declaration, the property shall, on the expiration of the said period, revert to the local authority.
(3) Where a declaration is made unde
-(1) Notwithstanding anything contained in any law for the time being in force, no rule, regulation or bye-law shall be made or amended by a local authority in respect of matters specified in Sub-section (2), unless the Authority upon consideration of the rule, regulations or bye-law, certifies that it does not contravene any of the provisions of any development plan or regulations pertaining to planning and building standards.
(2) The matters referred to in Sub-section (1) are the following, namely:
(a) water supply, drainage and sewerage disposal;
(b) erection or re-erection of buildings, including grant of building permissions, licences and imposition of restrictions, on use and subdivision of land and building;
(c) subdivision of land into buil
(1) No suit shall be instituted against the Authority or any member thereof or any of its officers or other employees or any person acting under the directions of the Authority or any member or any officer or other employees of the Authority in respect of any act done or purporting to have been done in pursuance of this Act or any rule or regulation made thereunder until the expiration of two months after notice in writing has been, in case of the Authority, left at its office and in any other case, delivered to, or left at the office or places of abode of the person to be sued and unless such notice states explicitly the cause of action, the nature of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaint contains a statement that such notice has been so left or delivered.
(2) No suit such as is prescribed in Sub-section (1) shal
.-(1) The Authority or any person authorised by it in this behalf by general or special order, may-
(a) institute, defend or withdraw from any legal proceeding under this Act or any rule made thereunder;
(b) either before or after the institution of the proceedings, compound any offence made punishable under this Act or any rule made thereunder; and
(c) admit, compromise or withdraw any claim made under the Act or any rule made thereunder :
1[Provided that the Authority or any person authorised by it in this behalf shall not withdraw any legal proceeding pending in-
(a) Criminal Court without the consent of that Court ; and
(b) Civil Court without leave of tha
All members, officers and employees of the Authority, the members of the Advisory Council and committees and all other persons entrusted with the execution of any function under this Act shall be deemed, when acting or purporting to act in pursuance of this Act or the rules or regulations made thereunder, to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860).
No suit, prosecution or other legal proceedings 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.
It shall be the duty of every police officer-
(a) to co-operate with the Authority for carrying into effect and enforcing the provisions of this Act or any rule or regulation made thereunder;
(b) to communicate without delay to the proper officer or employee of the Authority any information which such police officer receives of a design to commit, or of the commission of any offence against this Act or any rule or regulation made thereunder ; and
(c) to assist any officer or employee of the Authority reasonably demanding the aid of such police officer for the lawful exercise of any power vested in him under this Act or any rule or regulation made thereunder.
Any money due to the Authority on account of fee or charges, or from the disposal of lands, buildings or other properties, movable or immovable or by way of rents and profits or in pursuance of any agreement executed by the Authority with any beneficiary may, if the recovery thereof is not expressly provided for in any other provision of this Act, shall be recoverable by the Authority as arrear of land revenue.
-(1) The Authority shall carry out such directions as may be issued to it, from time to time, by the State Government for the efficient administration of this Act.
(2) If in, or in connection with the exercise of its powers and discharge of its functions by the Authority under this Act, any dispute arises between the Authority and the State Government, the decision of the State Government on such dispute shall be final.
(3) The State Government may, at any time, either on its own motion or otherwise, call for the records of any case disposed of, or order passed by the Authority for the purpose of satisfying itself as to the legality or propriety of any order passed or directions issued and may pass such order or issue such directions in relation, as it may think fit :
Provided that the Stat
(1) The Authority shall furnish to the State Government such reports, returns and other information, as the State Government may, from time to time, require.
(2) Without prejudice to the provisions of Sub-section (1), the State Government or any officer authorised by the State Government in this behalf, may call for reports, returns and other information from the Authority in regard to the implementation of any development scheme or town planning scheme.
(3) Any person authorised by the State Government or the officer referred to in Sub-section (2) may enter into or upon any land without assistants or workmen for ascertaining whether the provisions of the development plan are being or have been implemented, or whether the development is being or has been carried out in accordance with such plan or such scheme.
&nb
(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 in 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 Department, 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;
&
Every public notice to be given under this Act or the rules or regulations made thereunder shall be in writing over the signature of the Secretary to the Authority or, as the case may be, over the signature of the Valuation Officer and shall be widely made known in the locality to be effected, thereby by affixing copies thereof in conspicuous public places within the said locality or by publishing the same by beat of drum or by advertisement in a local newspaper and by such other means which the Secretary may think fit.
Where any notice, order or other document issued or made under this Act or any rule or regulations made thereunder requires anything to be done for the doing, of which no time is fixed under this Act or the rule or regulation, the notice, order or other document shall specify a reasonable time for doing the same.
All permissions, sanctions, orders, decisions, notices and other documents shall be authenticated-
(a) on behalf of the Authority, by the signature of the Secretary, to the Authority,
(b) on behalf of the Valuation Officer, by himself,
or by any other officer authorised in this behalf by the Authority or, as the case may be, by the Valuation Officer.
All offences committed under the Act or any rule made thereunder shall, on a complaint being made, be, cognizable by a Magistrate of the first class.
No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Authority or any officer authorised by the Authority in this behalf.
-(1) The Authority may, by notification, direct that any power exercisable by it under this Act, except the power to make regulations, may also be exercised by such officer or local authority or committee constituted under Section 6 as may be mentioned therein, in such cases and subject to such conditions, if any as may be specified therein.
(2) The State Government may, by notification, direct that any power exercisable by it under this Act, except the power to make rules, may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
(3) The Chairman or the Vice Chairman with the prior approval of the Authority, may by order, direct that any power exercisable by him under this Act, may also be exercised by such officer as may be mentioned therein i
All fines realised in connection with prosecutions under this Act shall be paid to the Authority at such time and in such manner as may be prescribed by rules.
Where any area has been ,developed by the Authority it may require the local authority within whose local limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the Authority and for the provision of the amenities which have not been provided by the Authority but which in its opinion should be provided in the area, on terms and conditions agreed upon between the Authority and that local authority, and where such terms and conditions cannot be agreed upon, on terms and conditions settled by the State Government in consultation with the local authority on a reference of the matter to State Government by the Authority.
-(1) If the Authority after holding a local enquiry or upon report from any of its officers or other information in its possession, is satisfied that any amenity which in the opinion of the Authority is to be provided for any land but has not been provided for such land or that any development of the land for which permission, approval or sanction has been obtained under this Act but has not been carried out, it may, after giving reasonable opportunity of show cause, serve upon the owner of the land or the person responsible for providing the amenity or carrying out the development, as the case may be, a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the notice.
(2) If such amenity is not provided or any such development is not carried out within the time specified in the notice, then the Authority may itself provid
(1) Nothing in the Indian Registration Act, 1908 (Act No. 16 of 1908) shall be deemed to require the registration of any documents, plan or map prepared, made or sanctioned in connection with a development plan or a town planning scheme which has come into force.
(2) All such documents, plans and maps shall, for the purpose of Sections 48 and 49 of the said Act be deemed to have been registered in accordance with the provisions of that Act :
Provided that documents, plans and maps relating to be approved development plan and scheme shall be accessible to the public in the manner prescribed by regulations.
[* * *].
__________________________________________________________________________________________
1. Deleted vide Orissa Act No. 10 of 1985-w.e.f. 13.5.1985.
Notwithstanding anything contained in the Indian Stamp Act, 1899 (Act No. 2 of 1899) no duty shall be imposed on any deed of transfer of immovable property either by or in favour of the Authority.
Unless otherwise provided in this Act the Authority shall be competent to make any agreement with any person or party in respect of any matter which is provided for under this Act, or the rules or regulations made thereunder.
(1) Save as otherwise provided in Sub-section (3) of Section 91 or Sub-section (5) of Section 92, 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 other law-
(a) when permission for development in 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 ; and
(b) when permission for such development has not been obtained under this Act, development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact the permission, approval or
(1) A copy of any receipt, application, plan, notice, order, entry in a register, or other documents in the possession of the Authority or the Valuation Officer if duly certified by the legal keeper thereof or other person authorised by the Authority for the Valuation Office in this behalf, shall be received as prima facie evidence of the existence of the entry or document, as the case may be, and shall be admitted as evidence of the matters and transactions therein recorded in every case, where, and to the same extent, the original entry of document would, if produced, have been admissible to prove such matters.
(2) The Chairman, Vice-Chairman, member, officer or employee of the Authority or the Valuation Officer or any officer subordinate to him shall not in any legal proceedings to which the Authority or the Valuation Officer is not a party, be required to produce any register
-(1) Where any land situated in a development area is required by the development plan to be kept as unbuilt upon or is designated in any, such plan for any public purpose or subject to compulsory acquisition, then, if at the expiration of ten years from the date of coming into, operation of the comprehensive development plan under Section 13, the land is not compulsorily acquired or purchased, by the State Government or the Authority, as the case may be, the owner of the land may serve on the State Government a notice requiring his interest in the land to be so acquired.
(2) If the State Government fails to commence proceedings for the acquisition of the land under the Land Acquisition Act, 1894 (Act No. 1 of 1894) within six months from the date of receipt of the notice under Sub-section (1) the land, immediately after the expiration of the said six months, shall be deemed to be
(1) The State Government may, by notification*, provided that from such date as is stated therein the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (Orissa Act 5 of 1972) shall, subject to the provisions of Sub-section (2) apply to the premises belonging to, vesting in or leased by the Authority.
(2) On a notification being issued under Sub-section (1), the aforesaid Act and the rules made thereunder shall apply to aforesaid premises with the following modifications, namely :
(a) the State Government shall appoint an officer of the Authority who is holding or has held office, whether under the Government or the Authority, which in the opinion of the State Government is not lower in rank than that of a Deputy Collector or an Assistant Engineer, to be the Estate Officer for the purposes of the aforesaid Act and one
(1) The State Government, after consultation with the Authority, may make rules to carry out all or any of the purposes of this Act and prescribe forms for any proceedings for which it considers that a form should be provided :
Provided that consultation with the Authority shall not be necessary on the first occasion of the making of the rules under this section, but the State Government shall take into consideration any suggestion which the Authority may make in relation to the amendment of such rules after they are made.
(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 :
(i) the salary, allowances and conditions of service of the Vice-Chairman and whole-time paid members of the Authority
(1) The Authority may, with the previous approval of the State Government, frame regulations not inconsistent with this Act or the rules made thereunder for carrying out all or any of the purposes of this Act and particularly in regard to all matters expressly required or allowed by this Act or the rules made thereunder to be regulated by the Authority.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for-
(i) the summoning and holding of meetings of the Authority, the time and the place where such meetings are to be held, the conduct of business at such meeting and the number of members necessary to form a quorum thereat, under Subsection (12) of Section 3 ;
(ii) the salary and allowances and conditions of service of the Secretary
(1) In making rules or regulations under Section 123 or 124, a draft of the same shall be published in the Gazette.
(2) There shall be published with the draft a notice specifying a date, being not earlier than fifteen days, on or after which the draft shall be taken into consideration.
(3) The State Government or the Authority, as the case may be, shall consider any objection or suggestion, if any, that may be received before the specified date and make such alterations or modifications as it may deem fit.
(4) All rules and regulations so made shall be published in the Gazette and shall come into force on the date of such publication.
The State Government may, in consultation with the Authority and after previous publication of their intention, rescind any regulations made by the Authority, and thereupon such regulations shall cease to have effect.
-(1) Where the State Government is satisfied that the purposes for which the Authority was established under this Act have been substantially achieved so as to render the continued existence of the Authority unnecessary in the opinion of the State Government, it may, by notification, declare that the Authority shall be dissolved with effect from such date as may be specified in the notification and the Authority shall be deemed to be dissolved accordingly.
(2) From the said date-
(a) all properties, funds and dues which are vested in or are realisable by the Authority, shall vest in or be realisable by the State Government;
(b) all liabilities which are enforceable against the Authority shall be enforceable against the State Government;
(c) for th
(1) As from the date of the constitution of the Authority-
(a) the Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957) and Sections, 247 to 251 and Chapter XVII of Orissa Municipal Act, 1950 (Orissa Act 23 of 1950) shall cease to have effect within the area under the jurisdiction of the Authority;
(b) the Improvement Trusts and Special Planning Authorities (hereinafter referred to as existing Planning Authorities) constituted under the provisions of the said Act in respect of the whole or part of the area under the jurisdiction of the Authority shall stand dissolved.
(2) Notwithstanding the provisions of Sub-section (1)-
(a) such officer or other employee serving under the existing Planning Authority immediately before the
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
