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AGREEMENT FOR SALE OF FLAT
AGREEMENT FOR SALE OF FLAT
This agreement for Sale is made and entered into at Mumbai this________ day of _________between Shri/Smt/Miss.________________________________________________, an adult Indian aged about_____years, residing at ____________________________________________________________________, herein after referred to as “Vendor of One Part” (Which expression shall unless it be repugnant to the context and meaning thereof, include his/her legal heirs, executors and administrators) and Shri./Smt/Miss.__________________________________________________________________, an adult Indian, aged about_____years, residing at______________________________________________________, herein after referred to as “ Purchaser of other Part” (which expression shall unless it be repugnant to the context and meaning thereof include his/her legal heirs, executors, administrators and assigns)
AND WHEREAS a flat situate at and more particularly described in the schedules annexed hereto (herein after referred to as “The said flat” for the sake of brevity) , admeasuring about __________Sq.Feet was originally acquired and purchased by Vendor etc. pursuant to an agreement dated_________entered into between______________, the developer and the Vendor by virtue of which he/she became fully seized and possessed of the “said Flat” as the owner thereof.
AND WHEREAS the “Vendor” has obtained a suitable accommodation elsewhere and was desirous of leaving the “Said Flat” and whereas the “Purchaser” was desirous of obtaining a better accommodation for the growing needs of his/her family, he/she (Purchaser) approached the “Vendor” in connection with the “Said Flat” and upon holding preliminary rounds of discussions , both of them agreed upon certain mutual points of agreements and in terms of those points, they have now agreed to and do hereby agree to enter into an agreement for sale in respect of the “Said Flat” in favour of the “purchaser”.
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER:-
1) That the “Vendor” herein, agrees to transfer by way of sale and the “Purchaser” agrees to purchase the “Said Flat” including all the rights , title, claim and interest in the “Said Flat”, together with all its fixtures and fittings at the price of Rs-________/- (Rs ____________________only). The “Purchaser” has seen the “Said Flat” and shall not raise any objection on the question of the area mentioned above.
2) The said price will be paid by the “Purchaser” to the “Vendor” as follows that is to say a sum of Rs________/- (Rs______________________only) will be paid on the execution of this agreement as earnest money and the balance will be paid against delivery of the possession of the “Said Flat” by “Vendor” to the “Purchaser” (The “Vendor” doth hereby admit and acknowledge the receipt of the said earnest money and gives a valid discharge for the same.
3) The transfer of the ‘said flat’ will be completed on or before the________day of __________, 20__.
4) The ‘Vendor’ shall obtain the consent of the Managing Committee of the “_________________________________” for the transfer of the ‘said flat’ and that of_______shares held by him/her in the said society in favour of the purchaser before the completion of the transfer.
5) The ‘Vendor’ has disclosed and given inspection of the documents in his/her possession relating to the ‘said flat’ to the ‘Purchaser’ and ‘Purchaser’ will not raise any objection on the said count.
6) On obtaining such consent of the said society the ‘Vendor’ shall deliver and peaceful possession of the ‘said flat’ to the ‘Purchaser’ against the payment of the balance amount of Rs__________/-(Rs____________________only) by the ‘Purchaser’ to the ‘Vendor’ and shall also execute transfer form of the said______ shares (bearing nos. ____ to______) held in the society and represented by share certificate No. _______dated_________as and by way of completion of the sale.
7) The flat will be delivered to the ‘Purchaser’ in the condition as it is and the ‘Vendor’ will not be liable to make any addition or alteration therein.
8) On the delivery of the vacant possession of the ‘said flat’, the “Purchaser’ will be absolute owner thereof with all rights of occupation thereto as member of the said society and thereafter the ‘Vendor’ will have no rights , interests, claim or title therein. Society and thereafter the ‘Vendor’ will have no rights, interests, claim or title there in.
9) All the society’s dues including Municipal taxes up to the date of delivery of possession will be paid by the ‘Vendor’ and thereafter the ‘Purchaser’ will be liable to pay the same.
10) The ‘Purchaser’ will hold the ‘said flat’ on and subject to the Bye-Laws of the society and the Managing Committee from time to time and as a member of the society.
11) The ‘Vendor’ has represented to the ‘Purchaser’ that:-
(a) He/she has been in exclusive possession of the ‘said flat’, ever since it was originally acquired and purchased by him/her;
(b) That the ‘said flat’ is free from any encumbrances, either in the form of mortgage, lease or lien;
(c) That the original owner (____________________) or the Developers of the plot (______________________) don’t have any adverse claim or interest in the ‘said flat’ as the ‘Vendor’ had paid the full and final amount of the consideration.
(d) That when the ‘Vendor’ purchased the ‘said flat’, he/she was satisfied about the title to the ‘said flat’, being clear and marketable and it is even now clear and marketable.
(e) That the ‘Vendor’ has paid all dues of the society up to date and he/she will indemnify and keep indemnified the ‘Purchaser’ against any claim made for any period prior to the completion of sale.
(f) That the legal heirs of the ‘Vendor’ will not contest for any share or interest in the ‘said flat’ or in connection with the consideration amount paid or payable. As such on the completion of the transaction, the purchaser will be entitled to occupy the same without any interruption or hindrance.
(12) The ‘Vendor’ is aware that relying upon the aforesaid representation, the ‘Purchaser’ has agreed to purchase the ‘said flat’.
(13) On the completion of the transfer as aforesaid, the ‘Vendor’ will hand over to the ‘Purchaser’ (a) The Share Certificate in the society together with the share transfer form. (b) The agreement for the purchase of flat between the Original Owner, The Developer and the ‘Vendor’, together with all other documents relating to the ‘said flat’, if any, in the possession of the ‘Vendor’.
(14) If this agreement fails due to the refusal of the society to give its consent to the transfer or the refusal of the Income-Tax Authorities to give its approval or for any reason beyond the control of the ‘Vendor’ or the ‘Purchaser’, the ‘Vendor’ shall refund the earnest money (Rs_________________Only) to the ‘Purchaser’ forthwith without any interest.
(15) If the ‘Purchaser’ commits default in completing the transaction , the ‘Vendor’ will be entitled to cancel the agreement by giving _____________days prior notice to the ‘Purchaser’ and in that event the ‘Purchaser’ will only be entitled to the earnest money without any interest. However, if the agreement fails due to the default of the ‘Vendor’, then the ‘Purchaser’ shall be entitled to the refund of the earnest money together with _____% interest per annum.
IN WITNESS WHERE OF the parties have put their respective hands the day and the year first herein before mentioned.
Signed, Sealed and Delivered by the
Withinnamed
‘Vendor’ Shri/Smt/Miss_______________________
in the presence of
(Shri/Smt/Miss_______________)
Vendor
Witness:-
Name:- ___________________
Address:- _________________
_________________________
Signed, Sealed and Delivered by the
Withinnamed
‘Purchaser’ Shri/Smt/Miss____________________
in the presence of
(Shri/Smt/Miss_______________)
Purchaser
Witness:-
Name:-____________________
Address:- __________________
__________________________
Schedule of Property
Flat No. ______, admeasuring about _______Sq.Feet (Carpet area) lying and situate at ____ Floor of ___________________ CHS, Plot Number__________(CS/CTS) _____________________Road, near ____________(Landmark) ________________________Railway Station (E/W), __________ (City), _____________________ (State), India- PINCODE- ____________________
____________________________________________________________
Discharge Receipt
Dated:- __________________
This is to acknowledge that today I have received a sum of Rs.________/- (Rs._______________________Only) from Shri/Smt/Miss __________________________________________________ (Purchaser), towards the earnest money for the sale of my flat, lying and situate at_____________________________________ and more particularly described in the Schedule of Property above.
I say received.
(Shri/Smt./Miss____________________________)
Vendor
B.M.C.- CHAPTER – 18 (MANUAL – 17)
B.M.C.- CHAPTER – 18 (MANUAL – 17)
18.1 Frequently asked questions and their answers by the public.
- Who sanctions D.P.?
First Development Plan for Mumbai was sanctioned by the Govt. of Maharashtra in the year 1967. The Municipal Corporation of Greater Mumbai had declared its intention to revise Development Plan for Municipal Corporation of Greater Mumbai on 13th January,1977 and after following provisions of Maharashtra Regional Town Planning Act,1966 draft Development Plan prepared by Municipal Corporation of Greater Mumbai was submitted to Govt. for sanction. The State Govt. has sanctioned Revised Development Plan in parts between the period July,1990 to year 1994 including Development Control Regulations for Greater Mumbai,1991.
The Development Plan consist of 127 D.P. Sheets showing the zoning of the Mumbai (residential, commercial, industrial, etc.) and the reservations, designations, allocations, etc.
- Whether D. P. Sheets can be purchased?
The D. P. Sheets can be purchased in the zonal Building Proposal offices at Byculla for City, Ghatkopar for Eastern Suburbs, Bandra for H&K Wards and Kandivali for P&R Wards on payment of fees.
- What are D. P. Remarks?
- P. Remarks are true part extract of Sanctioned Revised Development Plan published by the Govt. giving details of zoning and planning proposals. It also contains remarks whether plot is affected by Coastal Regulation Zone as per notification No.S.O.No.114E of 19.2.1991 of Ministry of Environment & Forest and provisions regarding Heritage listing.
The D. P. Remarks are not indicative of ownership rights of the property.
- Who can obtain D.P. Remarks & how?
Any applicant can submit application for D. P. Remarks of a property on the printed prescribed forms available for sale in Development Plan Department alongwith plans duly signed in triplicate to be prepared by the applicant. The plans submitted are marked with the provisions in the Sanctioned Revised Development Plan and returned with remarks from zoning point of view duly signed (1 copy).
A separate application for different holding (non-contiguous) is required to be
submitted alongwith certifying charges of Rs.160/- per CTS No. in the office on any working day. The application should be accompanied with Block Plan to the scale 1’=40’ (tallying with true extract plan from office of the City Survey & Land Records and Location Plan 1cm=25 mts.(1:2500) scale for city & for suburbs to the scale of 1:500 Block plan and location plan to the scale of 1:4000 in triplicate (Ammonia prints) showing the land with reference to the existing roads in the locality and C.S. boundaries and numbers comprised in the land (without showing proposed buildings, existing structures, roads etc.) thereon.
- How the Building Plans are approved?
The Architect or Licensed Surveyor submits the proposal for approving Building Plans on behalf of the owner/ Constituted Attorney of the owner alongwith requisite notices and forms and payment of fees in the Zonal Building Proposal offices.
- Whether copies of Building Plans can be obtained?
Any interested person i.e. person having interest in the property can apply for
Certified copies of Building Plan, intimation of disapproval (IOD), Commencement Certificate, Occupation Certificate issued to the building from the Zonal Building Proposal Office on payment of certification charges, etc. The cost of preparation of copy has to be borne by the applicant in addition to the certification charges.
- When clearance from Mumbai Heritage Conservation Committee is required?
Government had published list of buildings/ conservation areas, etc. for the preservation of Historical Monumental Precincts by introducing D.C.Regulation No.67 on 21.4.1995. Hence, clearance from Mumbai Heritage Conservation Committee is necessary in respect of any development in respect of listed heritage, new precinct and extension to area of precinct proposed.
- What is Transferable Development Rights (TDR)?
Unsatisfactory performance in implementation of Sanctioned Revised Development Plan 1967 has necessitated search of alternate source of resource for satisfactory implementation of Sanctioned Revised Development Plan. Hence, innovative provision such as concept of Transferable Development Rights (TDR) in lieu of land under reservations handed over free of cost and free of encumbrances by the owner to Municipal Corporation of Greater Mumbai has been introduced in the D.C. Regulation for Greater Mumbai,199. The financial burden on Municipal Corporation of Greater Mumbai to acquire and develop the plots under reservations have therefore, been reduced to some extent due to this provision. Municipal Corporation of Greater Mumbai has acquired 450 Nos. of C.T.S. holdings under various reservations admeasuring 19,11, 329.188 Sq. Mt. till 31st December,2004. The 420 nos. of C.T.S. holdings under various D.P. Roads admeasuring 6,89,970.91 Sq. Mt. have also been acquired in lieu of TDR.
- What is Accommodation Reservation?
As per provisions of sanctioned D C Regulations for Greater Mumbai1991, certain buildable reservations on private lands can be permitted to be developed by the owner after handing over of certain built up amenity for reservation to appropriate authority free of cost & free of encumbrances. Thereafter owner can develop the plot with permissible FSI without taking into account the built up area handed over to Authority. Guidelines for development of accommodation reservations such as Markets, Maternity Home, Dispensary, Library, Post office, Telephone Exchange and Welfare Centre etc. have been formulated.
- “Tenantable repairs” to buildings need no permission:-
It is notified for the information of the public in general that the following items of work categorized as “tenantable repairs” can be carried out without obtaining any permission from the Municipal Corporation of Greater Mumbai (M.C.G.M.) provided the structures to which such repairs are to be carried out have been constructed with approval from the Competent Authority or were in existence prior to 1.4.1962 in respect of commercial structures and 17.4.1964 in respect of residential structures. However, these structures shall not be declared heritage structures or fall within heritage precincts and N.O.C. from Heritage Conservation Committee is required for carrying out repairs to such structures. The onus to submit documentary proof in respect of the existence of structures prior to 1.4.1962 and 17.4.1964 shall, however, vest with the owner.
- Providing guniting to the structural members or walls;
- Plastering, painting, pointing;
- Changing floor tiles;
- Repairing W.C., bath or washing places;
- Repairing or replacing drainage pipes, taps, manholes and other
fittings;
- Repairing or replacing sanitary, water plumbing or electrical fittings;
- Replacement of roof with the same material;
- Replacing the existing water proofing treatment without increasing
the dead load.
“Tenantable repairs”, however, shall not include:-
- Change in horizontal and vertical existing dimensions of the
structure;
- Replacing or removal of any structural members of load bearing
walls;
- Lowering of plinth, foundations or floors
- Addition or extension of mezzanine floor or loft;
- Flattening of roof or repairing roof with different materials.
Though tenanted repairs need no permission from M.C.G.M., it is advisable that such repairs are carried out under the guidance/supervision of an Architect and /or a registered Structural Engineer.
It is the responsibility of the owners to remove the debris generated out of repair work from site immediately and debris should not be dumped on roads.
Dumping on road is an offence and offenders would be liable for stern punishment. In addition to that debris dumped on roads will also be carried away by the MCGM and cost of transportation will be recovered from the owners.
Please note that any alteration or repairs to a building involving the removal, alteration or re-erection of any part of the building except “tenantable repairs” needs permission from M.C.G.M. and the same shall not be carried out under the guise of “Tenantable repairs”. The Architects/Structural Engineers are liable for punishment including blacklisting if works, which require permission from MCGM, are carried out without permission under their supervision.
For any further clarification, kindly contact Assistant Municipal Commissioners of the Wards.
18.2 Related to seeking Information,-
(a) Application form:( Copy of filled application form for reference)
(b) fees
(c) How to write a precise information request – Few tips
(d) Right of the Citizen in case of denial of information and procedure
to appeal.
The matter is pertaining to developing common right of information application with fees and appeal procedure and hence General Administration department shall deal with this issue.
18.3 With relation to training imparted to public by the department. No training is imparted by the department for the general public.
18.4 With relation to certificate, No Objection certificate etc. issued by the Public Authority not included in the Manual –13.
(A) Name and description of the certificates and NOC – NOC for construction of building for height beyond 70 meters.
Government vide Resolution No.TPB-4303/49/CR-4/03/UD-11 dtd. 28/7/2004, has constituted a technical Committee for scrutinizing the development proposals of all the buildings having height more than 70 mtrs. Experts in the field of Structural Engineering, Soil Mechanics, Environmental Engineering are appointed as the members of the committee. The committee consists of the following members. :-
- Shri Ashok Agarwal Chairman, Former Chief Justice Tamil Nadu Government;
- Shri Satish Dhupelia, Member, Structural Engineer;
- Shri G.B.Choudhary, Member, Associate Professor, Soil Mechanic VJTI College;
- Dr.S.B.Kotoley, Member, Advisor, Maharashtra Pollution Control Board;
- Chief Engineer (D.P.), Member Secretary (Brihan Mumbai Municipal Corporation Head Office, 4th floor, Mahapalika Marg,Mumbai-1);
- Chief Fire Officer Member, Brihan Mumbai Municipal Corporation.
Eligibility for applying – Owner / Developer through his Architect can apply.
Contact information for applying – Chief Engineer ( Development Plan Deptt)
Application fees – Rs.50,000/- per proposal towards scrutiny fee. The fees is per building.
Other fees – Nil
Application form – Application is to be made on plain paper
List of enclosures / documents – The Architect on behalf of Developers will submit the proposal to the committee through the Member Secretary i.e. Ch. Eng. (D.P.) along with the following documents:-
. 6 sets of complete architectural drawings.
. 2 sets of structural drawings with structural calculations.
. 2 copies of soil investigation report.
. 2 copies of report of environmental impact.
Format of enclosures / documents – NIL
Procedure for application –
Process followed after receipt of application – Ch. Eng. (D.P.) will send copies of architectural drawings to all the Members and one copy will be sent to zonal office of the building proposal. Copy of structural drawing alongwith calculations shall be sent to Shri Satish Dhupellia, structural Engineer, copy of the sub soil investigation will be sent to Shri G.B. Chaudhari, Associate Professor, V.J.T.I. and copy of report of environment assessment will be sent to S.K. Katoley Advisor, Maharashtra Pollution control Board. All the members will prepare their technical report & offer their expertise in the respective field and submit the report to Member Secretary i.e. Ch. Eng. (D.P.). The zonal building proposal office will also scrutinize the architectural plans from point of view of open spaces and parking requirements etc. and submit report to Member secretary i.e. Ch. Eng. (D.P.) enumerating any concessions required for the approval of proposal. The Member Secretary will compile all the reports and submit a set of report to the chairman of the Committee for his perusal. After the report on minimum two proposal is received, the member secretary will convene meeting of the Technical Committee with the permission of Chairman wherein, the proposal will be discussed. The concerned Architect/ developer will be informed about the date and time of the meeting. However, initially they will not participate in the meeting. Once the committee decides to recommend the proposal after discussion, there will be no need to call the Developers/Architects. However, if committee desires to suggest any changes, or get further information, the Architect/developer will be called in the meeting for discussion who may present his case to the committee. Based on the presentation given by the Architect/developer the committee shall decide whether to recommend the proposal or not. Decision of the committee will be in the form of recommendation to the M.C. and it will be open to M.C. to over-rule the recommendation of the committee giving proper justification.
Normal time taken for issuance of certificate – 45 days after submission of complete documents.
Validity period – Not specified.
Process of renewal – Not applicable.
(B) Name and description of the certificates and NOCs – NOC from DCR-67 (heritage Regulations) point of view by the Mumbai Heritage Conservation Committee ( MHCC).
. Eligibility for applying – Any person/Proposals involving development through a registered architect.
. Contact information for applying – Chief Engineer ( D. P)/ Dy. M.A.( D.P) , 4th floor , MCGM Head Office , Annexe Building , Mahapalika Marg, Fort, Mumbai- 400 001.
. Application Fee – Nil.
. Other Fees – Nil.
. Application Form –
. List of enclosures / documents –
. Format of enclosures / documents –
. Procedure of application – Application has to be addressed to the Chairman, MHCC, C/o Chief Engg. (D.P), along with the required documents/ drawings as mentioned in the enclosed list above.
. Process followed in the Public Authority after the receipt of the application – The proposals are scrutinized and the complete proposals are put up for the consideration of the MHCC by the office of the Dy. M.A. (D.P.).
. Normal time taken for issuance of the certificate /NOC – 15 days after the final decision is minuted by the MHCC.
. Validity period of the certificate/NOC – N.A.
. Process of renewal – N.A.
MUNICIPAL CORPORATION OF GREATER MUMBAI
No. CHE/ DPC/DPWS/ / Heritage of
Mumbai Heritage Conservation Committee
C/o. Deputy Municipal Architect (D.P.)
Office of the Chief Engineer (D.P.),
4th floor, Extn.Bldg. M.C.G.M.Head Office
Fort, Mumbai- 400001.
To,
————————————————-
————————————————-
————————————————-
————————————————-
Gentleman / Madam
Sub: NOC/ remarks from the M. H. C.C. for the proposal of————–
Ref: Your letter u/No.———————- dtd.
With reference to the above, I have to inform you that the property/ structure / area /——————under reference is included in the list of Heritage structures buildings / areas /precinct etc. as published by the Government of Maharashtra, Urban Development Department vide G.R.No.1090/ 3197/ RDP/ UD-11, dtd. 24.4.95. The Sr. No. of the said property/structure/area/—————————-in the Heritage list is————————and the Heritage Grade is—————————– . The property / structure / area /——————– is also included in the Heritage Precinct /————————- Sub-Precinct. As such, it is essential to obtain prior NOC/remarks from the Mumbai Heritage Conservation Committee for any development, redevelopment, additions, alterations, repairs, renovation, plastering, painting, replacement of special features, any engineering operation ,demolition of the whole or any part thereof , change of user etc. proposed for the said listed Heritage property / structure / area /.
However, it is pertinent to note here that for scrutinizing and putting the said proposal on the agenda of the Mumbai Heritage Conservation Committee for obtaining the remarks /NOC etc, it is essential that the proposal must be submitted in a proper manner and should also be accompanied by all the necessary submission / requirements as stipulated by the M.H.C.C.
In view of the above you are requested herewith to comply with the following:-
(A) As the proposal as submitted /presented by you is incomplete, you are instructed to comply with the following submission requirements to process the matter further-
(1) Block plan (Scale 1: 500), Location Plan ( Scale 1: 2500 / 1: 4000 ).
(2) All the plans, elevations, sections of the existing structure incorporating the proposed repairs / renovation / additions / alterations/ demolition work/structural strengthening methods etc. in a proper notation and colour – code ( scale 1:100 / 1:50).
(3) All the floor plans, elevations, sections, inclusive of Municipal submission drawings of the existing bldg./ proposed new building / scheme or additions/ alterations etc. (Scale 1: 100 / 1:50).
(4) At least two sectional elevations i.e. one from staircase and lift block / water tank etc. and other from the elevational features like balcony chajja, canopy etc. showing the floor heights of the building as well as the total height of building inclusive of all additional projections like Lift machine Room/ water tank / elevational features / other ancillary structures etc. (Scale 1: 100 /1:50).
(5) Details of all the special existing / proposed architectural features. (Scale 1: 20/ 1:10).
(6) Photomontage; consisting of colour elevational photographs of proper scale (preferably 4” x 6” / 5” x 7” in size) of all sides of the existing structure / building and also of the adjoining structures in the vicinity alongwith a copy of the block plan / location plan indicating the direction of photographs . Detailed Photographs of special architectural features of the structure shall also be submitted.
(7) Block / detailed model of the scheme / structure.
(8) Architect’s appointment letter by the owner / proponent.
(9) D.P. Remarks / Traffic & Co- Ordination Remarks.
(10) P. R. Card/ True Extract Plan.
(11) Structural stability certificate for the existing structure from a registered structural Engineer (including confirmation for the additional load proposed).
(12) List of concessions required, if any, in D.C. Regulations and the justification for the same.
(13) List of any specific conditions / regulations imposed by any other statutory authority/department etc.
(14) NOC from the MHADA / BHAD Board.
(15) NOC from the C.F.O.
(16)(B) You are requested to arrange for a site inspection visit with this office staff. It may please be noted that the proposal under reference will be dealt with further on its merit and after the compliance of—————————————————————– as mentioned above.
(C) Your proposal has been taken on the agenda of the forthcoming meeting of the M.H.C.C. to be held on——————-, at item No————————–. (Case No.————-/————————-) .
You are requested to remain present for the said meeting at——————————— a.m./ p.m., at the 3rd floor conference hall, MCGM Head Office, Fort, Mumbai.
This is for your information and further necessary action in the matter.
Yours faithfully,
Dy. Municipal Architect
(Development Plan)
(C) Name and description of the certificates and NOC – NOC of monitoring committee
Eligibility for applying – Owner has to apply. On approval of layout/ IOD/ C.C. by Building Proposal, the Mill is required to submit application to Escrow Committee.
Contact information for applying – Chief Engineer (Development Plan Dept.)
Application fees – Rs.15/- per square meter
Other fees – Nil
Application form – Application is to be made on plain paper
List of enclosures / documents – As detailed in the procedure
Format of enclosures / documents – Nil
Procedure for application –
(1) Application should details of development/ redevelopment proposal, their exact status, the financial liabilities of the Mill, the number of workers opting for VRS, the modality of VRS, means of alternative employment to other who have not opted VRS, the means of raising funds for VRS and workers’ dues, the means of meeting financial liability of financial institutions, etc. The estimated funds from redevelopment etc. The sanction be also obtained to open Escrow A/c. in any Bank.
(2) In case the Mill proposes to sell/ enter into development in respect of any Mill land, the LOI, MOU executed this respect shall be first placed before the Monitoring Committee and clearance to the same obtained.
(3) Once clearance is received from the Committee, the Development Agreement/ Sale Agreement/ Conveyance be executed and registered. Copy be submitted to the Committee.
(4) The proceeds from the Sale/ Development Agreement be deposited in the Escrow as per the modalities of finding/ receipts stipulated in the Agreement.
(5) The disbursement of funds shall be done on the basis of periodic application made to the Committee giving reasons/ justification for withdrawal.
(6) Detailed fortnightly report be submitted thereafter alongwith certifications from The C.A. of the Company and the Bank.
(7) In case of payment to workers, details of the amount paid to each worker be submitted. A certificate from the Rashtriya Mill Mazdoor Sangh be also submitted once full payment is made to workers.
(8) In case redevelopment/ construction is undertaken by the Company themselves, then the company shall, while selling each flat, gala, shop seek permission of the Committee. The permission cannot be sought on monthly basis as and when MOU is signed for sale of the flat, to any purchaser/ group of purchaser. The details to be placed before the Committee is BUA area of flat, the sale price agreed, the Ready Reckoner Rates prevailing, the date of MOU, exact flat No., the name of buyer, the exact storey where it is located, consideration amount, amount advance received and balanced to be received. The details be given in a tabular form of each MOU signed during the specified period. The Monitoring Committee grants permission to enter into agreement for such sale and also for disbursal of the advance received from the sale.
. Normal time taken for issuance of certificate – Not applicable
. Validity period – Not specified.
. Process of renewal – Not applicable.
18.5 With relation to registration Process-
No registration of Architects/Developers/plumbers or any other professionals is dealt with by this department.
18.6 Collection of tax by the department-
No tax or levy is collected by the Development Plan Department.
18.7 With relation to issuing new connection electricity/water supply, temporary and permanent disconnection etc.-
The development Plan department is not connected to issuing or disconnecting services.
18.8 Details of any other public services provided by the department.-
NIL
***********************************************************
Conditions for redevelopment of existing cinema/Theatre in Mumbai
Conditions Prescribed under Regulation 52 of the D.C. Regulations for Greater Mumbai, 1991, for the Redevelopment of an existing Cinema/Theatre
[TPB. 43901/1103/CR-53/92/UD-11 (RDP), dated 10.03.1992 (M.G.G. Konkan Division, dated 26th March, 1992, page 381)]
Conditions Prescribed:-
In accordance with the provisions contained in the second and third proviso to the Regulation No. 52(8)(i) of the said Regulations (DCR, Mumbai), following conditions are prescribed and shall apply in the case of redevelopment of an existing cinema/theatre:-
(I) Seating capacity.— In case of redevelopment of an existing cinema/theatre on a designated/allocated plot, in addition to other users which are to be permitted, a cinema/theatre having seating capacity as specified below shall have to be provided:
Seating capacity of old or existing cinema/theatre | Seating capacity to be provided in redevelopment of the cinema/theatre |
(a) Cinema/theatre with 1001 seats and above | 40% of the number of seats in the old existing cinema/theatre. |
(b) Cinema/theatre with 1000 seats or less | 33% of the number of seats in the old existing cinema/theatre and in any case not less than 150 seats. |
(c) Twin cinema/theatre on one plot | Seating capacity in the redevelopment of cinema/theatre shall be based on the percentages in (a) or (b) above to be calculated on the basis of only the cinema theatre, which has large capacity. |
Provided that where in a redevelopment proposal, seating capacity, according to the percentages prescribed above, cannot be provided on account of size of the plot, the seating capacity of the redevelopment of the cinema/theatre shall be at 3 sq.m. per seat including parking requirement as prescribed in Table-5 below sub-regulations (3) of Regulation 21 of the said Regulations.
(II) Closed Cinema/Theatre.—
(i) Redevelopment of an existing cinema/theatre which is authorisedly closed prior to the date of this notification for which redevelopment permission has not been granted and no work started, shall be allowed with a cinema/theatre user, with reduced seating capacity in accordance with condition (i) above, in addition to other permissible users.
(ii) where the redevelopment permission, for an existing cinema/theatre on plot allocated or designated for a cinema/theatre which is authorisedly closed has been already granted retaining existing capacity of the old cinema/theatre, along with other permitted mixed users, but no redevelopment has commenced or where the redevelopment has commenced but not been completed, the redevelopment may be allowed subject to the conditions specified in this Notification.
(iii) Where, the change of user of an existing cinema/theatre on a plot allocated or designated for a cinema/theatre, which is authorisedly closed, has been granted by the Planning Authority prior to the date of this Notification, with other authorised permissible users exclusive of cinema/theatre user, the conditions in this Notification shall not be applicable.
(III) Redevelopment permission for an existing Cinema/Theatre on a plot allocated/designated for a Cinema/Theatre, granted by Government, but where no such redevelopment commenced till the date of this Notification.— In such cases, where orders of Government in the Urban Development Department have already been issued allowing redevelopment of an existing cinema/theatre on a plot allocated/designated for a cinema/theatre for other permissible users, according to the said Regulations, without providing for cinema/theatre users, and where redevelopment permission has not been granted, or where redevelopment has not commenced, provision shall have to be made in the redevelopment for cinema/theatre user, with a seating capacity of not less than 150 seats irrespective of the provisions in clause (I).
(IV) Land use classification and uses permitted.—
(i) Irrespective of the zone in which the designated plot, where the cinema/theatre is existing, redevelopment shall be allowed, assuming that the said plot is in the Local Commercial Area/Zone (C-1 Zone), and the provisions of Regulation No.53 of the said Regulations shall be applicable subject to other conditions prescribed in this Notification.
(ii) In the wards of the Island City of Bombay, new office user shall not be permitted, in a redevelopment proposal of an existing cinema/theatre. Such office user shall be permitted in combination with the cinema/theatre user only to the extent the latter user was authorisedly in existence before the redevelopment and prior to coming into force of the said Regulations.
(iii) Residential user in combination with that of cinema/theatre in a redevelopment proposal of existing cinema/theatre shall be permissible even in the same building subject to the following:-
(a) redevelopment shall have to conform to such measures (including any special measures) as prescribed by the Municipal Commissioner in regard to fire prevention, protection and safety;
(b) means of escape in the case of an emergency shall have to be provided to the satisfaction of the Municipal Commissioner;
(c) between cinema/theatre development and residential development there shall be effective vertical separation against spread of fire;
(d) separate entry and exit shall be provided for the residential user;
(e) parking requirements as prescribed for each type of user prescribed in the said Regulations shall have to be provided.
The following shall not be permitted in combination with that of a cinema/theatre in the same building:-
(a) Maternity Home and Hospital;
(b) Municipal Primary School;
(c) Secondary School, College, Polytechnic, Technical School;
(d) Bakery, Confectionery, Coal and Firewood shops; and
(e) Any other user as may be deemed fit by the Commissioner.
(V) Floor Space Index.— Irrespective of the zone in which the plot of the existing cinema/theatre is situated, the floor space index for redevelopment of the plot of the cinema/theatre and of other permissible users taken together shall be as follows:-
(a) | Island City of Bombay | 1.33 |
(b) | Suburbs and Extended Suburbs (except ‘M’ Ward) | 1.00 |
(c) | ‘M’ Ward | As specified in the said Regulations. |
In case of redevelopment of an existing cinema/theatre, permissible users according to the said Regulation shall be allowed within the permissible Floor Space Index, even if the Floor Space Index consumed by the existing cinema/theatre was more than what is stipulated above. The floor area earlier authorisedly permitted for office user shall be allowed as part of redevelopment.
(VI) Fire Fighting Provisions.— in case of redevelopment of an existing cinema/theatre on the plot designated/allocated in the Development Plan, the provisions in Regulation No. 43 and Appendix VIII of the said Regulations shall be strictly followed. In addition, a separate No Objection Certificate shall be obtained from the Chief Fire Officer, Bombay Municipal Corporation for following purposes:-
(a) Provision of effective vertical separation against spread of fire;
(b) Provision of proper means of escape in case of emergency;
(c) Provision of measure for fire prevention and fire protection;
(d) Provision of separate entry and exit for cinema/theatre and other occupancies.
(VII) Relaxation in cases of redevelopment of an existing cinema/theatre on the plots designated/allocated in the revised development plan of Greater Bombay.— The Municipal Commissioner may exercise the discretionary powers under Regulation 64(b) of the said Regulations wherever need arises only with the prior approval of the Government in such cases.
(VIII) Applicability of all other regulations.— In addition to the above, the provisions of all other Regulations in the said Regulations shall be applicable in case of redevelopment or users of existing cinema/theatre on land designated/allocated for cinema/theatre.
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Maharashtra Regional and Town Planning Act, 1966
Maharashtra Regional and Town Planning Act, 1966
(Maharashtra Act No. XXXVII of 19661)
[Received the assent of the President on the 13th day of December, 1966; assent first published in the Maharashtra Government Gazette, Part IV, on the 20th day of December, 1966.]
An Act to make provision for planning the development and use of land in Regions established for that purpose and for the constitution of Regional Planning Boards therefor; to make better provisions for the preparation of Development plans with a view to ensuring that town planning schemes are made in a proper manner and their execution is made effective; to provide for the creation of new towns by means of Development Authorities; to make provisions for the compulsory acquisition of land required for the public purposes in respect of the plans; and for purposes connected with the matters aforesaid.
Whereas, it is expedient to make provision for planning the development and use of land in Regions established for that purpose and for the constitution of Regional Planning Boards therefor; to make better provision for the preparation of Development plans with a view to ensuring that town planning schemes are made in a proper manner and their execution is made effective; to provide for the creation of new towns by means of Development Authorities; to make provision for the compulsory acquisition of land required for public purposes in respect of the plans; and for purposes connected with the matters aforesaid. It is hereby enacted in the Seventeenth Year of the Republic of India as follows:-
Chapter 1
Preliminary
- Short title, extent and commencement,-
(1) This Act may be called the Maharashtra Regional and Town Planning Act, 1966.
(2) It shall extend to the whole of the State of Maharashtra.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint but the State Government may if it thinks fit bring different provisions of this Act into force at different times.
- Definitions:-
In this Act, unless the context requires, –
(1) “agriculture” includes horticulture, poultry farming, the raising of crops, fruits, vegetables, flowers, grass or trees of any kind, breeding of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees, the use of land for grazing cattle and for any purpose which is ancillary to its cultivation or
other agricultural purpose; but does not include the use of land as a garden which is an appendage to a building; and “agriculture” shall be construed accordingly;
(2) “amenity” means roads, streets, open spaces, parks, recreational grounds, play grounds, sports complex, parade grounds, gardens, markets, parking lots, primary and secondary schools and colleges and polytechnics, clinics, dispensaries and hospitals, water supply, electricity supply, street lighting, sewerage, drainage, public works and includes other utilities, services and conveniences;
(3) “Appropriate Authority” means any public authority on whose behalf land is designated for a public purpose in any plan or scheme and which it is authorised to acquire;
(4) ” Arbitrator” means a person appointed as the Arbitrator for the purposes of any scheme or schemes under section 72;
(5) “Building operations” includes erection or re-erection of a building or any part thereof, roofing or re-roofing of any part of a building or of any open space, any material alteration or enlargement of a building, any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangement or materially affect its security, or the construction of a door opening on any street or land not belonging to the owner;
(6) “Court’ means in Greater Bombay, the Bombay City Civil Court; and elsewhere, the principal civil court of original jurisdiction; and includes any other civil Court of a Judge of Senior Division or a Judicial Officer empowered by the State Government to perform the functions of the Court under this Act within the pecuniary and local limits of its jurisdiction;
(7) “Development” with its grammatical variations means the carrying out of buildings, engineering, mining or other operations in, or over, or under, land or the making of any material change, in any building or land or in the use of any building or land or any material or structural change in any heritage; building or its precincts and includes demolition of any existing building structure or erection or part of such building, structure or erection; and reclamation, redevelopment and lay-out and sub-division of any land; and “to develop” shall be construed accordingly;
(8) “Development Authority” means a New Town Development Authority constituted or declared under Section 113;
(9) “Development plan” means a plan for the development or re-development of the area within the jurisdiction of a planning Authority and includes revision of a development plan and proposals of a special Planning Authority for development of land within its jurisdiction;
(9A) “development right” means right to carry out development or to develop the land or building or both and shall include the transferable development right in the form of right to utilise the Floor Space Index of land utilisable either on the remainder of the land or partially reserved for a public purpose or elsewhere, as the final Development Control Regulations in this behalf provide;
(10) “Director of Town Planning” means the officer appointed by the State Government as the Director of Town Planning;
(11) “engineering operations” includes the formation or laying out of a street or means of access to a road or laying out of means of water-supply, drainage, electricity, gas or other public utility service;
(12) “existing-land-use map” means a map indicating the use to which lands in any
specified area are put at the time of preparing the map;
(13) “final plot’ means a plot allotted in a final town planning scheme;
(13A) “Floor Space Index” means the quotient or the ratio of the combined gross floor area to the total area of the plot, viz:-
Floor Space Index = Total covered area of all floors
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Plot area;
(13B) “Heritage building” means a building, possessing architectural, aesthetic, historic or cultural values which is declared as heritage building by the Planning Authority in whose jurisdiction such building is situated;
(13C) “Heritage precinct” means an area comprising heritage building or buildings and precincts thereof or related places;
(14) ” land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;
(15) “local authority” means—
(a) the Bombay Municipal Corporation constituted under the Bombay Municipal Corporation Act (Bom. III of 1888), or the Nagpur Municipal Corporation constituted under the City of Nagpur Corporation Act, 1948 (C.P and Berar II of 1950), or any Municipal corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949);
(b) a Council and a Nagar Panchayat constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act 1965 (Mah. XL of 1965);
(c)(i) a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah.V of 1962);
(ii) the Authority constituted under the Maharashtra Housing and Area Development Act, 1976;
(iii) the Nagpur Improvement Trust constituted under the Nagpur Improvement Trust Act, 1936,
which is permitted by the State Government for any area under its jurisdiction to exercise the powers of a Planning Authority under this Act;
(16) “Local newspaper” in relation to any area within the jurisdiction of a Regional Planning Board, Planning Authority or of a Development Authority, means any newspaper published or circulated within that area;
(17) “occupier” includes a tenant, an owner in occupation of, or otherwise using his land, a rent-free tenant in any land, and any person in lawful possession of any land who is liable to pay to the owner compensation for the use and occupation of the land;
(18) “owner” includes any person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or for any religious or charitable purpose, the rents or profits of the property in connection with which it is used;
(19) “Planning Authority” means a local authority; and includes,-
(a) a Special Planning Authority constituted or appointed or deemed to have been appointed under section 40; and
(b) in respect of the slum rehabilitation area declared under section 3C of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971), the slum Rehabilitation Authority appointed under section 3A of the said Act;
(20) “Prescribed” means prescribed by rules made under this Act;
(21) “Plot” means a portion of land held in one ownership and numbered and shown as one plot in a town planning scheme;
(22) “Re-constituted plot” means a plot which is altered in ownership or in any other way by making of a town planning scheme;
(23) “Region” means an area established to be a Region under section 3;
(24) “Regional Board” or “Board” means a Regional Planning Board constituted under section 4;
(25) “Regional plan” means a Plan for the development or re-development of a region which is approved by the State Government and has come into operation under this Act;
(26) “Regional Planning Committee” means a committee appointed under section 10;
(27) “Regulation” means a regulation made under section 159 of this Act and includes zoning, special development control regulations and other regulations made as a part of a Regional Plan, Development plan, or town planning scheme;
(28) ” Residence” includes the use of human habitation of any land or building or part thereof including gardens, grounds, garages, stables and outhouses, if any, appertaining to such land or building;
(29) “Rule” means a rule made under this Act;
(30) “Scheme” includes a plan relating to a town planning scheme;
(30A) “Special Township Project” means a Special Township Project declared under section 18 or 44, as the case may be;
(31) “Town Planning Officer” means the officer appointed for the time being to be the Town Planning Officer for all or any of the provisions of this Act;
(31A) “Undeveloped area” means an area within the jurisdiction of one or more local authorities [not being an area within the jurisdiction of a cantonment board constituted under the Cantonment Act, 1924 (2 of 1924)] which is in the opinion of the State Government in a neglected condition, or which is being developed or is in imminent likelihood of being developed in an uncontrolled or haphazard manner, and requires, in the public interest to be developed in a proper and orderly manner;
(32) “Zilla Parishad means a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962).
Chapter II
Provisions Relating To Regional Plans
(A) Regions
- Establishment of Region and alteration of its limits,-
(1) Subject to the provisions of this section, the State Government may, by notification in the Official Gazette, establish any area in the State, by defining its limits, to be a region for the purposes of this Act, and may name and alter the name of any such Region. In any case, where any Region is renamed, then all references in any law or instrument or other document to the Region shall be deemed to be a reference to the Region as renamed, unless expressly otherwise provided or the context so requires.
(2) The State Government may, by notification in the Official Gazette,-
(a) alter the limits of a Region, so as to include therein or to exclude therefrom, such area as may be specified in the notification; or
(b) amalgamate two or more Regions so as to form one Region; or
(c) split up any Region into two or more Regions or
(d) declare that the whole or part of the area comprising a Region shall cease to be a Region or part thereof.
(3) A plan showing the boundaries of the Region as established under this section shall be available for inspection at the office of the Collector and the Mamlatdar or Tahsildar concerned, and on the constitution of the Regional Board therefor, also at the office of the Board.
(B) Constitution of Regional Planning Boards
- Constitution of Regional Planning Boards,-
(1) For the purpose of planning the development and use of land in the Region, the State Government shall, by notification in the Official Gazette, constitute a Regional Planning Board for the Region consisting of a Chairman appointed by the State Government; the Director of Town Planning (or a person nominated by him); such number of persons not exceeding four appointed by the State Government as are members of local authorities functioning in the whole or part of the Region; such number of persons not exceeding ten appointed by the State Government who in the opinion of that Government have special knowledge or practical experience of matters relating to town and country planning, engineering, transport, industry, commerce, or agriculture a Town Planning Officer appointed by the State Government and such number of persons not exceeding four appointed by the State Government from the two Houses of the State Legislature, representing the whole or part of the Region, so that not more than two members are appointed from each of the said Houses.
If any Region includes any area which in the opinion of the State Government is important from the military or defence point of view, the members appointed for their special knowledge or practical experience shall include a person suggested by the Government of India in that behalf.
The State Government may appoint a Vice-Chairman from amongst the other members.
The Town Planning Officer shall be the Secretary to the Regional Board.
(1A) Notwithstanding anything contained in sub-section (1), the provisions of that sub-section shall not be applicable to the Metropolitan area as defined in clause (c) of section 2 of the Maharashtra Metropolitan Planning Committee (Constitution and Functions) Act, 1999 (Mah. V of 2000).
(2) The Regional Board shall have its office at such place as the State Government may appoint, and shall be known by the name specified in the notification constituting it.
- Terms of office and conditions of service of members,-
(1) Subject to the provisions of sub-section (3), the term of office and conditions of service of the members of a Regional Board shall be such as may be prescribed; and the members shall be entitled to receive such remuneration or allowances, or both, as the State Government may by order determine.
(2) If the State Government is of opinion that any member is guilty of misconduct in the discharge of his duties, or is incompetent or has become incapable of performing his duties as such member, or should for any other good and sufficient reason be removed, the State Government may, after giving the member an opportunity of showing cause against his removal, remove him from office.
(3) A member of the State Legislature while holding the office of a member of the Board shall not be entitled to receive any remuneration or allowance other than travelling allowance, daily allowance or such other allowance which is paid to the holder of such office for the purpose only of meeting the personal expenditure incurred in attending the meeting of the Board or in performing any other functions as holder of such office.
- Resignation of member,-
Any member of a Regional Board may at any time resign his office by writing under his hand addressed to the State Government, and upon the acceptance thereof, the office of the member shall become vacant.
- Vacancies,-
In the event of a vacancy in the office of any member of a Regional Board the vacancy shall be filled by the State Government, and the person so appointed shall hold office so long only as the member in whose place he is appointed would have held office, if the vacancy had not occurred.
- Powers and duties of Board,-
Subject to the provisions of this Act and the rules and regulations made thereunder, it shall be the duty of a Regional Board-
(a) to carry out a survey of the Region, and prepare reports on the surveys so carried out;
(b) to prepare an existing-land-use map and such other maps as may be necessary, for the purpose of preparing a Regional Plan;
(c) to prepare a Regional plan;
(d) to perform any other duties or functions as are supplemental, incidental or consequential to any of the foregoing duties, or as may be prescribed by regulations.
- Meetings of Regional Boards, etc,-
(1) The Regional Board shall meet at such times and places as the Chairman may determine and may, subject to the provisions of sub-sections (2) and (3), make regulations for regulating its procedure and the conduct of its business:
Provided that, after the submissions of draft Regional plan to the State Government the Board shall meet only if so directed by the State Government.
(2) The Chairman and in his absence, the Vice-Chairman (if any) and in the absence of the Chairman and the Vice-Chairman, any other member chosen by the members present 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 an equality of votes of the person presiding shall have a second or casting vote.
(4) Minutes shall be kept of the names of the members present, and others who attend the meetings of the Board under the provisions of this Act, and of the proceedings at each meeting, in a minute book to be kept for that purpose. The minutes shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection by any member during the office hours.
- Consultation or association with experts; Regional Planning Committee,- (1) A Regional Board may, with the previous sanction of the State Government, associate with itself or consult such persons whose assistance or advise it may desire for the purpose of performing any of its functions under this Act. Such persons may be paid by the Regional Board such remuneration or fees as may be sanctioned by the State Government.
(2) The person so assisting or advising the Regional Board may take part in the discussion of the Regional Board relevant to the purpose for which he is associated or consulted, but shall not have the right to vote at a meeting, or take part in the discussions of the Regional Board relating to matters connected with any other purpose.
(3) For the purpose of hearing any suggestions and objections received after the publication of a draft Regional Plan under section 16, a Regional Board shall appoint a Regional Planning Committee consisting of the Town Planning Officer and two other members of the Regional Board.
(4) The members of a Regional Planning Committee shall be entitled to such allowances for performing its functions under this Act as may be prescribed.
- Power of Regional Board to appoint staff,-
(1) For the efficient performance of its functions under this Act, a Regional Board, or an officer authorised by it, may appoint such officers and other staff as may be necessary. The officers and staff so appointed shall be entitled to receive such salaries or allowances, and shall be governed by such terms and conditions of service, as may be determined by the State Government.
(2) The officers and staff appointed by the Regional Board shall work under the superintendence and control of the Chairman.
- Expenses of Regional Board,-
All the expenses incurred by a Regional Board, including expenses incurred on account of salaries, allowances, fees and other remuneration payable to its members and to its officers and other staff (not being salaried Government officers or staff) shall be met from such funds as may be placed at the disposal of the Board by the State Government.
(C) Regional Plans
- Survey of Region and preparation of Regional Plan,-
Subject to the provisions of this Act and the rules and regulations made thereunder, a Regional Board shall, with a view to securing planned development and use of land in a Region, carry out a survey thereof, prepare an existing land-
use map thereof and other maps as are necessary for the purpose of preparing the Regional plan, and shall within such period or periods as the State Government, may from time to time, determine in this behalf, prepare a report of the surveys, prepare the Regional plan and such other documents, maps and information as the Regional Board may deem fit for illustrating or explaining the provisions of the Regional plan.
- Contents of Regional Plan,-
Subject to the provisions of this Act and any rules made thereunder for regulating the form of a Regional plan and the manner in which it may be published, any such Regional plan shall indicate the manner in which the Regional Board proposes that land in the Region should be used, whether by carrying out there on development or otherwise, the stages by which any such development is to be carried out, the network of communications and transport, the proposals for conversion and development of natural resources, and such other matters as are likely to have an important influence on the development of the Region; and any such plan in particular, may provide for all or any of the following matters, or for such matters thereof as the State Government may direct, that is to say: –
(a) allocation of land for different uses, general distribution and general locations of land, and the extent to which the land may be used as residential, industrial, agricultural, or as forest, or for mineral exploitation;
(b) reservation of areas for open spaces, gardens, recreation, zoological gardens, natural reserves, animal sanctuaries, dairies and health resorts;
(c) transport and communications, such as roads, highways, railways, waterways, canals and airports, including their development;
(d) water supply, drainage, sewerage, sewage disposal and other public utilities, amenities and services including electricity and gas;
(e) reservation of sites for new towns, industrial estates and any other large scale development or project which is required to be undertaken for proper development of the Region or new town;
(f) preservation, conservation and development of areas of natural scenery, forests, wild life, natural resources, and landscaping;
(g) preservation of objects, features, structures or places of historical natural, architectural or scientific interest and educational value;
(h) areas required for military and defence purposes;
(i) prevention of erosion, provision for afforestation or, reforestation, improvement and redevelopment of water front areas, rivers and lakes;
(j) proposals for irrigation, water supply and hydro-electric works, flood control and prevention of river pollution;
(k) providing for the relocation of population or industry from over populated and industrially congested areas, and indicating the density or population or the concentration of industry to be allowed in any area.
- Submission of Regional Plan to State Government for approval,-
(1) Every Regional plan shall be submitted to the State Government, together with all connected documents, maps and plans for approval. The State Government may, within the prescribed period, by notification in the Official Gazette, either approve the Regional plan without modification for the whole Region, or any part thereof; or with such modifications as it may consider necessary, or reject the plan with a direction to the Regional Board to prepare a fresh plan according to such direction.
(2) The State Government may, pending approval of the entire Regional plan, by a like notification approve separately any proposal or part of the Regional plan, and any proposal or part so approved shall, on approval of the entire Regional plan, form part of the entire plan so approved.
- Procedure to be followed in preparing and approving Regional Plans,-
(1) Before preparing any Regional plan and submitting it to the State Government for approval, every Regional Board shall, after carrying out the necessary surveys and preparing an existing-land-use map of the Region, or such other maps as are considered necessary, prepare a draft Regional plan and publish a notice in the Official Gazette and in such other manner as may be prescribed, stating that the draft Regional plan has been prepared. The notice shall state the name of the place where a copy of such plan shall be available for inspection by the public at all reasonable hours mentioned therein and that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price and invite objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice, such
date not being earlier than four months from the publication of the notice. The notice shall also state that copies of the following particulars in relation to the draft Regional plan are also available for inspection by the public and copies thereof or extracts therefrom certified to be correct are also available for sale to the public at a reasonable price at the place so named, namely: –
(a) a report on the existing-land-use map and the regional survey carried out as aforesaid;
(b) maps, charts and a report illustrating and explaining the provisions of the draft Regional plan and indicating the priorities of works to be executed thereunder;
(c) a report of the stages of the development programme by which it is proposed to execute the Regional plan; and
(d) recommendations to the State Government regarding the directions to be issued to the local authorities in the Region and the different departments of the State Government, if any, in respect of enforcement and implementation of the proposals contained in the draft Regional plan.
(2) The Regional Board shall refer the objections, suggestions and representations received by it to the Regional Planning Committee appointed under section 10 for consideration and report.
(3) The Regional Planning Committee shall, after giving a reasonable opportunity to all persons affected by the Regional plan of being heard, submit its report to the Regional Board together with all connected documents, maps, charts and plans within such time as may from time to time be fixed in that behalf by the Regional Board.
(4) After considering the report of the Regional Planning Committee, and the suggestions, objections and representations, the Regional Board shall prepare the Regional plan containing such modifications, if any, as it considers necessary, and submit it to the State Government for approval, together with the report of the Regional Planning Committee and all connected documents, plans, maps and charts.
- Publication of Regional Plan and date of its operation,-
Immediately after a Regional plan is approved by the State Government, the State Government shall publish, in such manner as may be prescribed by rules as calculated to bring to the notice of all persons concerned; and in particular, to all persons affected by the Regional plan, a notice stating that the Regional plan has
been approved, and naming a place where a copy of the Regional plan may be inspected at all reasonable hours and stating also that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price, and shall specify therein a date (not being earlier than sixty days from the date of publication of the said notice) on which the Regional plan shall come into operation and the plan which has come into operation shall be called the “final Regional plan”.
- Restriction on change of users of land or development thereof,-
(1) No person shall on or after the publication of the notice that the draft Regional plan has been prepared or the draft Regional plan has been approved, institute or change the use of any land for any purpose other than agriculture, or carry out any development in respect of any land without the previous permission of the Municipal Corporation or Municipal Council, within whose area the land is situate,
and elsewhere, of the Collector.
(2) Notwithstanding anything contained in any law for the time being in force, the permission referred, to in sub-section (1) shall not be granted otherwise than in conformity with the provisions of the draft or final Regional plan.
(3) Without prejudice to the provisions of sub-sections (1) and (2) or any other provisions of this Act, any person intending to execute a Special Township Project on any land, may make an application to the State Government, and on receipt of such application the State Government may, after making such inquiry as it may deem fit in that behalf, grant such permission and declare such project to be a Special Township Project by notification in the Official Gazette or, reject the application.
- Exclusion of claims of compensation for injurious affection,-
No compensation shall be awarded-
(a) if and in so far as any property or any right or interest therein alleged to be injuriously affected by reason of the provisions contained in any plan or scheme, is subject to substantially similar restrictions in force, under some other law which was in force on the date on which, such injurious affection took place or the restrictions were imposed by this Act;
(b) if compensation in respect of such injurious affection or restriction imposed under this Act or substantially similar injurious affection or restriction in force under any other law has already been paid in respect of the property or any right or interest therein to the claimant or to any predecessor in interest of the claimant.
- Revision or modification of Regional Plan,-
(1) If the State Government at any time after a Regional plan has come into operation, but not earlier than ten years therefrom is of the opinion that revision of such Regional plan is necessary and there is no Regional Board for the Region to which plan relates, to undertake such revision, the State Government may constitute a Regional Planning Board under section 4, or Regional Board may, with the previous approval of the State Government, also revise the Regional plan; and thereupon, the foregoing provisions of this Chapter shall, so far as they can be made applicable, apply to the revision of the Regional plan as those provisions apply in relation to the preparation, publication of notice and approval of a Regional plan.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, at any time after a Regional Plan has come into operation, make any modification in such plan in the manner hereinafter provided if in its opinion such modification is necessary for the balanced development of the Region for which such plan has been prepared and approved.
(3) For the purpose of modifying a Regional Plan under sub-section (2) the State Government shall publish a notice in the Official Gazette announcing its intention to make the modification specified in the notice and invite objections or suggestions from any person with respect to such modification in writing with reasons therefore within such period as may be specified in the notice. The notice shall also be published in at least one newspaper having wide circulation in the Region and in such other manner as the State Government may think fit in the circumstances of each case.
(4) After considering the objections and suggestions in respect of the draft modification under sub-section (2), the State Government may approve the modification of the Regional plan with such amendments, if any, as it may think fit, and shall publish a notification in the Official Gazette, stating that the modification of the Regional plan specified therein has been approved. The notice shall also state the place where a copy of modifications to the Regional plan may be inspected at all reasonable hours, and shall specify therein a date on which the modification of the plan shall come into operation.
Chapter III
Development Plan
(A) Preparation, Submission and Sanction to Development Plan
- Development Plan,-
(1) As soon as may be after the commencement of this Act, but not later than three years after such commencement, and subject however to the provisions of this Act, every Planning Authority shall carry out a survey, prepare an existing land-use map and prepare a draft development plan for the area within its jurisdiction, in accordance with the provisions of a Regional plan, where there is such a plan publish a notice in the Official Gazette and in such other manner as may be prescribed stating that the draft development plan has been prepared and submit the plan to the State Government for sanction. The Planning Authority shall also submit a quarterly Report to the State Government about the progress made in carrying out the survey and prepare the plan.
(2) Subject to the provisions of this Act, every Planning Authority constituted after the commencement of this Act shall, not later than three years from the date of its constitution, prepare, a draft Development plan and publish a notice, of such preparation in the Official Gazette and in such other manner as may be prescribed and submit the draft development plan to the State Government for sanction.
(3) On application made by any Planning Authority, the State Government may, having regard to the permissible period specified in the preceding sections, from time to time, by order in writing and for adequate reasons to be specified in such order, extend such period.
(4) If the draft development plan is not submitted to the State Government as aforesaid for sanction by any Planning Authority within the period specified or within the extended period, the concerned Divisional Deputy Director of Town Planning or an officer nominate by him who is not below the rank of Assistant Director of Town Planning may, after carrying out the necessary survey of the area and preparing an existing land-use map in consultation with the Director of Town Planning prepare such Development plan and publish a notice in the Official Gazette and in such other manner as may be prescribed stating that such plan has been prepared and submit it to the State Government for sanction, and may recover the cost thereof from the funds of the Planning Authority, notwithstanding anything contained in any law relating to the said fund. Such officer shall exercise all the powers and perform all the functions of a Planning Authority which may be necessary for the purpose of preparing a Development plan and publishing a notice as aforesaid and submitting it to the State Government for sanction.
(5) If any local authority which is a Planning Authority is converted into, or amalgamated with, any other local authority or is sub-divided into two or more local authorities, the Development plan prepared for the area by that Planning Authority so converted, amalgamated or sub-divided shall with such alterations and modifications as the State Government may approve be the Development plan for the areas of the new Planning Authority or Authorities into or with which the former Planning Authority is converted, amalgamated or sub-divided.
- Contents of Development Plan,-
A Development plan shall generally indicate the manner in which the use of land in the area of the Planning Authority shall be regulated, and also indicate the manner in which the development of land therein shall be carried out. In particular, it shall provide so far as may be necessary for all or any of the following matters, that is to say,-
(a) proposals for allocating the use of land for purposes, such as residential, industrial, commercial, agricultural, recreational;
(b) proposals for designation of land for public purpose, such as schools, colleges and other educational institutions, medical and public health institutions, markets, social welfare and cultural institutions, theatres and places for public entertainment, or public assembly, museums, art galleries, religious buildings and government and other public buildings as may from time to time be approved by the State Government;
(c) proposals for designation of areas for open spaces, playgrounds, stadia, zoological gardens, green belts, nature reserves, sanctuaries and dairies;
(d) transports and communications, such as roads, high-ways, park ways, railways, water-ways, canals and airports, including their extension and development;
(e) water supply, drainage, sewerage, sewage disposal, other public utilities, amenities and services including electricity and gas;
(f) reservation of land for community facilities and services;
(g) proposals for designation of sites for service industries, industrial estates and any other development on an extensive scale;
(h) preservation, conservation and development of areas of natural scenery and landscape;
(i) preservation of features, structures or places of historical, natural, architectural and scientific interest and educational value and of heritage buildings and heritage precincts;
(j) proposals for flood control and prevention of river pollution;
(k) proposals of the Central Government, a State Government, Planning Authority or public utility undertaking or any other authority established by law for designation of land as subject to acquisition for public purpose or as specified in a Development plan, having regard to the provisions of section 14 or for development or for securing use of the land in the manner provided by or under this Act;
(l) the filling up or reclamation of low lying, swampy or unhealthy areas, or levelling up of land;
(m) provisions for permission to be granted for controlling and regulating the use and development of land within the jurisdiction of a local authority including imposition of fees, charges and premium, at such rate may be fixed by the State Government or the Planning Authority, from time to time, for grant of an additional Floor Space Index or for the special permissions or for the use of discretionary powers under the relevant Development Control Regulations, and also for imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the location, number, size, height, number of storeys and character of buildings and density of population allowed in a specified area, the use and purposes to which buildings or specified areas of land may or may not be appropriated, the sub-division of plots the discontinuance of objectionable users of land in any area in reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs and hoardings and other matters as may be considered necessary for carrying out the objects of this Act.
22A. Modifications of a substantial nature,-
In section 31, the expression “of a substantial nature” used in relation to the modifications made by the State Government in the draft Development Plan means,-
(a) any modification to a reserved site resulting in reduction of its area by more than fifty percent or reduction of such amenity in that sector by an area of more than ten per cent in the aggregate;
(b) insertion of a new road or a new reservation or modification of a reserved site or a proposed road or a proposed road widening resulting in inclusion of any additional land not so affected previously;
(c) change in the proposal of allocating the use of certain lands from one zone to any other zone provided by clause (a) of section 22, which results in increasing the area in that other zone by more than ten per cent in the same planning unit or sector in a draft Development plan;
(d) alteration in the Floor Space Index beyond ten per cent of the Floor Space Index prescribed in the Development Control Regulation.
(B) Procedure to Be Followed In Preparing and Sanctioning
Development Plans
- Declaration of intention to prepare Development plan,-
(1) A Planning Authority shall, before carrying out a survey and preparing an existing land-use map of the area as provided in section 21, by a resolution make a declaration of its intention to prepare a Development plan; and shall despatch a copy of such resolution with a copy of a plan showing only the boundary of the entire area proposed to be included in the Development plan to the State Government. The said Officer shall also make a similar declaration and submit a copy thereof to the State Government. The Planning Authority or the said Officer, as the case may be, shall also publish a notice of such declaration in the Official Gazette, and also in one or more local newspapers in the prescribed manner, inviting suggestions or objections from the public within a period of not less than sixty days from the publication of the notice in the Official Gazette.
(2) A copy of the aforesaid plan shall be open to the inspection of the public at all reasonable hours at the head office of the Planning Authority and Local Authority.
- Town Planning Officer,-
Every Planning Authority shall, at the time of declaration of intention to prepare Development plan, resolve to appoint a person possessing such qualification as may be prescribed, to be the Town Planning Officer for carrying out survey of the area of a Planning Authority, preparing an existing –land-use map thereof and formulating proposals of a Development plan of that area for submission to the Planning Authority. Thereafter, the planning Authority shall, with the previous sanction of the State Government, appoint such person as a Town Planning Officer.
- Provision for survey and preparation of existing-land-use map,-
After the declaration of intention of a Planning Authority or the said Officer to prepare a Development plan but not later than six months from the date of such declaration or not later than such further time as the State Government may from time to time extend, a Planning Authority or the said Officer shall carry out a survey of the lands within the jurisdiction of the Planning Authority and prepare an existing land use map indicating the existing use of land therein.
- Preparation and publication of notice of draft Development plan,-
(1) Subject to the provisions of section 21, a Planning Authority or the said officer shall, not later than two years from the date of notice published under section 23, prepare a draft development plan and publish a notice in the Official Gazette and in such other manner as may be determined by it stating that the Development plan has been prepared. The notice shall state the name of the place where a copy thereof shall be available for inspection by the public and that copies thereof or extracts therefrom certified to be correct shall be available for sale to the public at a reasonable price, and inviting objections and suggestions within a period of thirty days from the date of notice in the Official Gazette:
Provided that, the State Government may, on an application of the Planning Authority, by an order in writing, and for reasons to be recorded from time to time, extend the period for preparation and publication of notice of the draft Development Plan.
Provided further that, the period so extended shall not in any case exceed six months in the aggregate.
(2) The notice shall also state that copies of the following particulars in relation to the Draft Development plan are also available for inspection by the public and copies thereof, or extracts therefrom certified to be correct, are also available for sale to the public at a reasonable price at the place so named, namely:-
(i) a report on the existing-land-use map and the surveys carried out for the purpose of preparation of the draft plan;
(ii) maps, charts and a report explaining the provisions of the draft Development plan;
(ii-a) map showing the planning units or sectors unalterable till the Development Plan is revised;
(iii) regulations for enforcing the provisions of the draft Development plan and explaining the manner in which the permission for developing any land may be obtained from the Planning Authority or the said officer, as the case may be;
(iv) a report of the stages of development by which it is proposed to meet any obligations imposed on the Planning Authority by the draft Development plan;
(v) an approximate estimate of the cost involved in acquisition of lands required by the Planning Authority for the public purposes, and also cost of works, as may be necessary.
- Provision of Regional plan to be considered,-
Where any area within the jurisdiction of a Planning Authority is included in a Region, the Planning Authority or as the case may be, the said officer shall have regard to, and be guided by, the proposals made in any draft Regional plan or any final Regional plan, as the case may be, while preparing the draft Development plan:
Provided that, where the Planning Authority or the said Officer is of the opinion that any provision of a draft Regional plan or the final Regional plan, as the case may be, needs any modification, the Planning Authority or as the case may be, the said Officer may carry out such modification-
(a) in the case of a draft Regional plan, with the concurrence of the Regional Board; and
(b) in the case of a final Regional Plan, with the approval of the State Government.
- Objections to draft Development plan,-
(1) Subject to the provisions of this Act, if within the time allowed under sub-section (1) of section 26 any person communicates in writing to the Planning Authority or the said officer any suggestions or objection relating to the draft Development plan, the Planning Authority or the said officer may, after considering the report of the Planning Committee under sub-section (2) and the suggestions or objections received by it or him, modify or change the plan in such manner as it or he thinks fit.
(2) The Planning Authority or the said Officer shall forward all objections and suggestions received by it to a Planning Committee consisting of three members of the Standing Committee of the Planning Authority and such additional number of persons, not exceeding four, appointed by the State Government having special knowledge or practical experience of matters relating to town and country planning or environment or relating to both for consideration and report:
Provided that, where a Planning Authority is not a local authority, the Planning Committee shall consist of such members as the Planning Authority may determine:
Provided further that, where the Divisional Deputy Director of Town Planning or the officer nominated by him under sub-section (4) of section 21 exercises the powers and performs the duties of a Planning Authority, then the Planning Committee may consist of such Divisional Deputy Director of Town Planning or the officer nominated by him.
Provided also that, where the State Government or any person or persons appointed under section 162, exercise the powers and perform the duties of a Planning Authority or Development Authority, then the Planning Committee may consist of the State Government or the person so appointed:
Provided also that, the Planning Committee contemplated in the preceding provisos shall also consist of such additional number of persons, not exceeding four, appointed by the Director of Town Planning having special knowledge or practical experience of matters relating to town and country planning or environment or relating to both.
(3) The Planning Committee shall, on receipt of objections and suggestions, make such inquiry as it may consider necessary, and give a reasonable opportunity of being heard to any person including representatives of Government departments who may have filed any objections or made any suggestions in respect of the draft Development plan, and after considering the same, the Planning Committee shall submit its report to the Planning Authority or as the case may be, the said Officer not later than two months from the date of its appointment.
(4) Not later than two months, after the receipt of the report of the Planning Committee, the Planning Authority or the said Officer shall consider the report including the objections and suggestions received by it or him and make a list of such modifications or changes and carry out the same in the draft Development plan, as it or he may consider proper. The Planning Authority or the said officer shall publish, in the Official Gazette and in not less than two local newspapers, the list of modifications or changes made in the draft Development plan for information of the public.
The draft Development Plan so modified shall be published in the Official Gazette and in such other manner as may be prescribed, not less than one month prior to the submission of the same to the State government for sanction.
- [***********Deleted by Mah. 10 of 2011************]
- Submission of draft Development Plan,-
(1) The Planning Authority or as the case may be, the said Officer shall submit the draft Development Plan along with the list of modifications or changes made in the draft Development plan under sub-section (4) of section 28 to the State Government for sanction within a period of six months from the date of publication of the notice in the Official Gazette, regarding its preparation under section 26.
Provided that, the State Government may, on an application by a Planning Authority or the said Officer by an order in writing, and for adequate reasons which should be recorded, extend from time to time the said period by such further period as may be specified in the order but not in any case exceeding six months in the aggregate.
(2) The particulars referred to in sub-section (2) of section 26 shall also be submitted to the State Government.
- Sanction to draft Development plan,-
(1) Subject to the provisions of this section, and not later than six months from date of receipt of such plan from the Planning Authority, or as the case may be, from the said Officer, the State Government may, after consulting the Director of Town Planning by notification in the Official Gazette sanction the draft Development plan submitted to it for the whole area, or separately for any part thereof, either without modification, or subject to such modifications as it may consider proper, or return the draft, Development plan to the Planning Authority or as the case may be, the said Officer for modifying the plan as it may direct or refuse to accord sanction and direct the Planning Authority or the said Officer to prepare a fresh Development plan:
Provided that, the State Government may, if it thinks fit, whether the said period has expired or not, extend from time to time, by a notification in the Official Gazette, the period for sanctioning the draft Development plan or refusing to accord sanction thereto, by such further period not exceeding six months in the aggregate as may be specified in the notification:
Provided further that, where the modifications proposed to be made by the State Government or submitted by the Planning Authority under section 30 and proposed to be approved by the State Government without any further change are of a substantial nature with respect to the draft Development plan published under section 26, the State Government shall publish a notice in the Official Gazette and also in not less than two local newspapers inviting objections and suggestions from any person in respect of the proposed modifications within a period of one month, from the date of such notice.
(2) The State Government may appoint an officer of rank not below that of a Class-I Officer and direct him to hear any such person in respect of such objections and suggestions and submit his report thereon to the State Government.
(3) The State Government shall before according sanction to the draft Development plan take into consideration such objections and suggestions and the report of the officer.
(4) The State Government shall fix in the notification under sub-section (1) a date not earlier than one month from its publication on which the final Development plan shall come into operation.
(4A) The State Government may, by notification in the Official Gazette, delegate all the powers and functions under this section to the Director of Town Planning in such cases and subject to such conditions, if any, as may be specified in such notification.
(5) If a Development plan contains any proposal for the designation of any land for a purpose specified in clauses (b) and (c) of section 22, and if such land does not vest in the Planning Authority, the State Government shall not include that in the Development Plan, unless it is satisfied that the Planning Authority will be able to acquire such land by private agreement or compulsory acquisition not later than ten years from the date on which the Development plan comes into operation.
(6) A Development plan which has come into operation shall be called the “final Development plan” and shall, subject to the provisions of this Act, be binding on the Planning Authority.
(C) Provisions for Preparation of Interim Development Plans,
Plans for Areas of Comprehensive Development, Etc.
- Interim Development Plan,-
(1) Pending the preparation of a draft Development plan, a Planning Authority may, where it considers it expedient and shall, when so directed by the State Government, prepare an interim Development plan for the entire area within the jurisdiction of the Planning Authority, or for any part thereof and publish a notice in the Official Gazette and in such other manner as may be prescribed regarding its preparation; and thereupon, the provisions of sections 25, 26, 27, 28, 30 and 31 shall so far as may be, but subject to the provisions of this section, apply in relation to such interim Development plan as they apply in relation to the preparation and publication of notice of a Development plan.
(2) The Planning Authority shall prepare such plan and publish the notice referred to in sub-section (1) not later than one year from the date of notice in the Official Gazette of its declaration of intention to prepare a draft Development plan or not later than such further period not exceeding twelve months as may be extended by the State Government.
(3) The interim Development plan shall provide only for matters mentioned in clauses (a), (b) and (c) of section 22, and if necessary, such other matters of that section as the Planning Authority may decide to include or as may be directed by the State Government.
(4) The interim Development plan shall consist of such maps and such descriptive matter as the Planning Authority may consider necessary to explain and illustrate the proposals made in such plan.
- Plans for areas of Comprehensive development,-
(1) Any time after the publication of notice regarding preparation of draft Development plan under section 26, a Planning Authority may prepare plan or plans showing proposals for the development of an area or areas which in the opinion of the Planning Authority should be developed or re-developed as a whole (hereinafter referred to as “the area or areas of Comprehensive development”); and in particular such plans shall provide for:-
(a) detailed development of specific areas for urban renewal, housing shopping centres, industrial areas, civic centres, educational and cultural institutions;
(b) control of architectural features, elevation and frontage of buildings and structures;
(c) dealing satisfactorily with areas of bad layouts, obsolete development and slum areas and re-location of population;
(d) open spaces, gardens, playgrounds and recreation areas.
(2) When the plans for an area or areas of Comprehensive development are prepared, whether or not separately, the Planning Authority shall follow the same procedure before submission of these plans to the State Government for sanction as is provided by sections 25, 26, 27, 28, 30 and 31 as respects a draft Development plan and submit such plan or plans from time to time to the State Government for sanction, alongwith a report—
(a) explaining the proposals and the stages of development programme by which it is proposed to execute the plan or plans;
(b) giving an appropriate estimate of the cost involved in executing the proposals of the plan or plans.
(3) The State Government may, after consulting the Director of Town Planning by
notification in the Official Gazette, sanction the plan or plans for the area or areas of comprehensive development either without, or subject to such modifications as it may consider necessary not later than three months of the date of receipt of such plans from the Planning Authority or not later than such further period as may be extended by the State Government.
- Preparation of Development plan for additional area,-
(1) If at any time after a Planning Authority has declared its intention to prepare a Development plan or after a Development plan prepared by the Planning Authority has been sanctioned, the jurisdiction of the Planning Authority is extended by inclusion of an additional area, the Planning Authority shall make a fresh declaration of intention to prepare a Development plan for the additional area; and after following the provisions of this Act for the preparation of a draft Development plan, prepare a draft development plan and publish a notice regarding its preparation, for such additional area either separately or jointly with the draft or final Development plan prepared or to be prepared for the area originally under its jurisdiction, and submit it to the State Government for sanction after following the same procedure as is followed for submission of a draft Development plan to the State Government:
Provided that, where a draft Development plan for the additional area requires modification of the final Development plan or where the State Government directs any such modification, the Planning Authority shall revise the final Development plan after following the procedure laid down in section 38 so far as may be relevant.
(2) Where any area is withdrawn from the jurisdiction of a Planning Authority, the proposals, if any, made for that area so withdrawn in a Development plan shall also be deemed to be withdrawn therefrom.
- Development plans sanctioned by the State Government before commencement of this Act,-
If any Planning Authority has prepared a Development plan which has been sanctioned by the State Government before the commencement of this Act, then such Development plan shall be deemed to be a final Development plan sanctioned under this Act.
- Development plan prepared prior to this Act,-
If any Planning Authority has prepared a draft Development plan for the area within its jurisdiction before the commencement of this Act, such Development plan shall be deemed to be a draft Development plan for that area for the purposes of this Act, and thereupon, the foregoing provisions of this chapter in relation to the submission of draft Development plan to the State Government for sanction shall mutatis mutandis apply.
- Modification of final Development plan,-
(1) Where a modification of any part of or any proposal made in a final Development plan is of such a nature that it will not change the character of such Development plan, the Planning Authority may, or when so directed by the State
Government shall, within ninety days from the date of such direction, publish a notice in the Official Gazette and in such other manner as may be determined by it inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice; and shall also serve notice on all persons affected by the proposed modification and after giving a hearing to any such persons, submit the proposed modification (with amendments, if any), to the State Government for sanction.
(1A) If the Planning Authority fails to issue the notice as directed by the State Government, the State Government shall issue the notice, and thereupon, the provisions of sub-section (1) shall apply as they apply in relation to a notice to be published by a Planning Authority.
(1AA)(a) Notwithstanding anything contained in sub-sections (1), (1A) and (2), where the State Government is satisfied that in the public interest it is necessary to carry out urgently a modification of any part of, or any proposal made in, a final Development Plan of such a nature that it will not change the character of such Development Plan, the State Government may, on its own, publish a notice in the Official Gazette, and in such other manner as may be determined by it, inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice, and shall also serve notice on all persons affected by the proposed modification and the Planning Authority.
(b) The State Government shall, after the specified period, forward a copy of all such objections and suggestions to the Planning Authority for its say to the Government within a period of one month from the receipt of the copies of such objections and suggestions from the government.
(c) The State Government shall, after giving hearing to the affected persons and the Planning Authority and after making such inquiry as it may consider necessary and consulting the Director of Town Planning, by notification in the Official Gazette, publish the approved modification with or without changes, and subject to such conditions as it may deem fit, or may decide not to carry out such modification. On the publication of the modification in the Official Gazette, the final Development Plan shall be deemed to have been modified accordingly.
(1B) Notwithstanding anything contained in sub-section (1), if the Slum Rehabilitation authority appointed under section 3A of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971) is satisfied that a modification of any part of, or any proposal made in, a final Development plan is required to be made for implementation of the Slum Rehabilitation Scheme declared under the said Act, then, it may publish a notice in the Official Gazette, and in such other manner as may be determined by it, inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice; and shall also serve notice on all persons affected by the proposed modification, and after giving a hearing to any such persons, submit the proposed modification (with amendments, if any), to the State Government to sanction.
(2) The State Government may, make such enquiry as it may consider necessary and after consulting the Director of Town Planning by notification in the Official Gazette, sanction the modification with or without such changes, and subject to such conditions as it may deem fit, or refuse to accord sanction. If a modification is sanctioned, the final Development plans shall be deemed to have been modified accordingly.
37A. Power of State Government or Planning Authority to permit temporary change of user,-
Notwithstanding anything contained in this Act or any other law for the time being in force, or in any judgement, order or direction of any Court, or any draft or final Development Plan, the State Government or the Planning Authority may, in respect of any plot of land reserved, designated or allocated for the purpose of play ground in such draft or final Development plan, which is in the possession of the State Government or the Planning Authority, by an order issued from time to time, permit any organisation, body of persons or association to use such play ground for functions organised on the occasions of independence Day, Republic Day, Maharashtra Day and similar National events, and the Jayantis or Punnyatithies of National Leaders, and religious functions, on terms and conditions specified by the State Government or the Planning Authority, as the case may be, in such order, for a period not exceeding 12 days at a time and in
any case not exceeding 30 days in the aggregate in a calendar year; and such use shall not be deemed to be a change of user.
- Revision of Development plan,-
At least once in twenty years from the date on which a Development plan has come into operation, and where a Development plan is sanctioned in parts, then at least once in twenty years from the date on which the last part has come into operation, a Planning Authority may and shall at any time when so directed by the State Government, revise the Development plan either wholly, or the parts separately after carrying out, if necessary, a fresh survey and preparing an existing-land-use map of the area within its jurisdiction, and the provisions of sections 22, 23, 24, 25, 26, 27, 28, 30 and 31 shall, so far as they can be made applicable, apply in respect of such revision of the Development plan.
- Variation of town planning scheme by Development plan,-
Where a final Development plan contains proposals which are in variation, or modification of those made in a town planning scheme which has been sanctioned by the State Government before the commencement of this Act, the Planning Authority shall vary such scheme suitably under section 92 to the extent necessary by the proposals made in the final Development Plan.
- Special Planning Authority for developing certain notified areas,-
(1) The State Government may, by notification in the Official Gazette for any undeveloped area specified in the notification in this Act referred to as “the notified area” either:-
(a) constitute an authority consisting of a Chairman, a Vice-Chairman, a member of the Maharashtra Legislative Assembly representing the notified area, one member representing the municipal area, if any, included in the notified area, the Deputy Director of Town Planning, and the Executive Engineer, Public Health Works Division, each having jurisdiction over the notified area, and an officer not below the rank of an Assistant Collector; or
(aa) appoint the Authority constituted under the Maharashtra Housing and Area Development Act, 1976 (Mah. XXVIII of 1977) or
(b) appoint any Development Authority declared under sub-section (3A) of section 113; or
(c) appoint the Bombay Metropolitan Region Development Authority established under the Bombay Metropolitan Region Development Authority Act, 1974 (Mah.IV of 1975), to be the Special Planning Authority for developing the notified area.
(1A) Notwithstanding anything contained in sub-section (1), any area where Chapter VI of the Maharashtra Industrial Development Act, 1961 (Mah. III of 1962) (hereinafter, in this section, referred to as “the said Act”), applies, or any other area comprising Government land handed over to the Maharashtra Industrial Development Corporation established under section 3 of the said Act, shall be deemed to be “the notified area”; and the Maharashtra Industrial Development Corporation, shall be the Special Planning Authority in respect of such notified area, and shall be deemed to have been appointed as such under this section for the purposes of this Act:
Provided that, at any time, as provided in the first proviso to sub-section (3) of section 1 of the said Act, where the State Government by notification in the Official Gazette, directs that the said Chapter VI shall cease to be in force in that area or any part thereof, from the date specified in such notification then from such date, the said area, or part thereof, as the case may be, shall cease to be notified area and the Maharashtra Industrial Development Corporation shall cease to be the Special Planning Authority for the purposes of this Act for such area or part thereof:
Provided further that, the provisions of clauses (e) and (f) of sub-section (3) or of sections 116, 117, 126, 127 and Chapter VIII shall not be applicable to such Special Planning Authority.
(1B) Notwithstanding anything contained in sub-section (1), the State Government may, by notification in the Official Gazette, appoint any agency or authority created by or in accordance with Government order or instrument, or any company or corporation established by or under any State or Central law, to be the Special Planning Authority for any notified area.
(2) The Chairman and Vice-Chairman of the Special Planning Authority constituted under clause (a) of sub-section (1) shall be appointed by the State Government; but if any municipal area forms part of any notified area then the president of the Municipal Council of such municipal area shall be the Vice-Chairman. The Officer not below the rank of an Assistant Collector shall be the Secretary and the Chief Executive Officer.
(3) The provisions of Chapter VI of this Act shall, subject to the provisions of this section and section 41, apply mutatis mutandis to the Special Planning Authority as they apply in relation to a Development Authority, as if the notified area were a new town, subject to the following modification, namely: –
(a) in section 113-
(i) in sub-section (6) after the words “Regional Board” the words and
Figure “with the modification that section 8 shall not apply in relation
to notified area” shall be added;
(ii) to sub-section (8), the following proviso shall be added, namely:
“Provided that, it shall not be necessary for a Special Planning
Authority to make any development plan or town planning scheme
for any notified area for the purpose of carrying out its objects under
this Act. It may submit its proposals for the development of the land
in the notified area (being land either vesting in it or land which has
been acquired or is proposed to be acquired under section 116) as
provided in section 115,”‘
(b) section 113A shall be omitted;
(c) in section 114,-
(1) in sub-section (1), –
(i) the words, figures and letter “subject to the provisions of
section 113A” shall be omitted;
(ii) in the proviso, for the words, brackets and figures
“constituted under sub-section (2) of section 113” the words,
“unless empowered by the State Government so to do,”
shall be substituted;
(2) in sub-section (2) in the proviso, in clause (a) for the portion
beginning with the words “constituted and ending with the words
“such authority”, the following shall be substituted, namely:-
“and if both the Chairman and Vice-Chairman are not available, with
such officer or officers as may be authorised by such Authority,”;
(d) for section 115, the following shall be substituted, namely: –
“115. Planning and control in notified area
(1) A special Planning Authority shall from time to time, submit to the
State Government its proposals for the development of land (being
land either belonging to, or vesting in it or acquired or
proposed to be acquired under section 116), and the State
Government may, after consultation with the Director of Town
Planning, approve such proposals either with or without modification.
(2) Before submitting the proposals to the State Government, the
Special Planning Authority shall carry out a survey and prepare an
exiting land-use-map of the area, and prepare and publish the draft
proposals for the lands within its jurisdiction together with a notice in
the Official Gazette and local newspapers in such manner as the
Special Planning Authority may determine, inviting objections and
suggestions from the public within a period of not more than 30
days from the date of notice in the Official Gazette. The Special
Planning Authority may, if it thinks fit, give individual notices to
persons affected by the draft proposals.
(3) The Special Planning Authority may after duly considering the
objections or suggestions, received by it, if any, and after giving an
opportunity, to persons affected by such draft proposals of being
heard modify its proposals, if necessary, and then submit them to the
State Government for its approval. The orders of the State
Government approving such proposals shall be published
in the Official Gazette.”;
(e) for section 116, the following shall be substituted namely:-
“116. Power of Special Planning Authority to acquire land in
notified area.
Every Special Planning Authority shall have all the powers of a
Planning Authority under this Act as provided in Chapter VII for the
special purposes of acquisition of such land in the notified area as it
considers to be necessary for the purpose of development in that
area either by agreement or under the Land Acquisition Act, 1894 (I
of 1894), or any land adjacent to such area which is required for the
development of the notified area and land whether adjacent to that
area or not which is required for provision for services or amenities
for the purposes of the notified area”.;
(f) for section 117, the following shall be substituted, namely:-
“117. Obligation to purchase land in notified area.
Where any land has not been acquired within a period of ten years
from the date of notification under sub-section (1) of section 40 any
owner of the land may, by notice in writing served on the Special
Planning Authority, require it to acquire his interest therein; and
thereupon, the provisions of section 127 providing for lapsing of
reservations shall apply in relation to such land as they apply in
relation to land reserved under any plan under this Act”;
(g) In section 122, in sub-section (1), the words, brackets and figures
“constituted under sub-section (2) of section 113” shall be omitted.
(4) In preparing and submitting its proposals for developing any land under section 115 and in approving them under that section, the Special Planning Authority and the State Government shall take particular care to take into consideration the provisions of any draft or final Regional Plan, draft or final development plan, or any draft or final town planning scheme, or any building bye-laws or regulations, which may already be in force in the notified area or in any part thereof.
(5) Where any proposals for development of any land are approved by the State
Government under section 115, the provisions of the proposals approved by the State Government shall be final, and shall prevail, and be deemed to be in force, in such notified area; and to that extent the provisions of any such plan or scheme applicable to and in force in the notified area or any part thereof shall stand modified by the proposals approved by the State Government.
- Expenses of Special Planning Authority to be met by contribution by local authorities,-
(1) The State Government shall by an order in writing determine the amount which a local authority or each of the local authorities in respect of whose area the Special Planning Authority has been constituted shall pay as contribution either in one lump sum or in such instalments as may be specified in the order, for meeting the expenses of the Special Planning Authority for the purposes of this Act.
(2) Not later than thirty days of the receipt of the order under sub-section (1), the local authority or local authorities shall pay to the Special Planning Authority the amount of contribution specified in the order in the manner indicated therein:
Provided that, where the local authority or authorities fail to pay such amount of contribution the State Government shall, on receipt of necessary intimation from the Special Planning Authority, recover it from the local authority or authorities and pay it to the Special Planning Authority. If any local authority fails to pay any sum under sub-section (1), the State Government may make an order directing any person who for the time being has custody of any moneys on behalf of the local authority as its officer, treasurer, banker or otherwise to make the payment from such moneys as he may have in his hands or may from time to time receive either in one instalment or in any such number of instalments as may be specified in the order; and such person shall be bound to obey the order. Every payment made pursuant to such order shall be sufficient discharge to such person from all liability to local authority in respect of any sum or sums so paid by him out of the moneys of the local authorities held or received by him.
- Implementation of plans,-
On the coming into operation of any plan or plans referred to in this Chapter, it shall be the duty of every Planning Authority to take such steps as may be necessary to carry out the provisions of such plan or plans.
CHAPTER III-A
AREA DEVELOPMENT AUTHORITY
42A. Declaration of development area,-
(1) The State Government may, for the purpose of securing planned development of areas within the State, declare by notification in the Official Gazette, any area in the State to be a development area.
(2) Every notification issued under sub-section (1) shall define the limits of the area to which it relates.
(3) The State Government may, by notification in the Official Gazette, amalgamate two or more development areas into one development area, sub-divide any development area into different development areas and include such sub-divided areas in any other development area.
42B. Exclusion of whole or part of development area from operation of Act,-
(1) The State Government may, by notification in the Official Gazette, withdraw from operation of the relevant provisions of this Act, the whole or part of any development area declared under section 42A.
(2) Where any notification is issued under sub-section (1) in respect of any development area or part thereof, the relevant provisions of this Act and all notifications, rules, regulations and orders made or directions issued and powers conferred thereunder, shall cease to apply to the said area or, as the case may be, part thereof.
42C. Constitution of Area Development Authority,-
(1) As soon as may be, after the declaration of a development area under section 42A, the State Government shall, by notification in the official Gazette, constitute an authority for such area to be called the Area Development Authority of that development area for the purpose of carrying out the functions assigned to an Area Development Authority under this Act.
(2) Every Area Development Authority constituted under sub-section (1) 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 by the said name sue and be sued.
(3) An area Development Authority shall consist of the following members, namely:-
(a) Guardian Minister of the concerned district Chairman;
(b) The President of Zilla Parishads and
Chairman of Panchayat Samitis functioning
In the development area or in any part
thereof, Ex-Officio Members;
(c) Mayors of Municipal Corporations and
Presidents of Municipal Councils, functioning
In the development area or in any part thereof, Ex-Officio Members;
(d) Municipal Commissioners of Municipal
Corporations and Chief Officers of Municipal
Councils, functioning in the development area
or in any part thereof Ex-Officio Members;
(e) The Collectors of Districts or their
representatives not below the rank of Deputy
Collector having jurisdiction over the development
area or in any part thereof, Ex-Officio Members;
(f) Chief Executive Officers of Zilla Parishads or
their representatives not below the rank of
Deputy Chief Executive Officer, functioning in
the development area or in any part thereof, Ex-Officio Members;
(g) The Chief Engineer of Maharashtra Jeevan
Authority or his representative not below
the rank of Superintending Engineer having
jurisdiction over the development area or in
any part thereof, Ex-Officio Members;
(h) Settlement Commissioner and Director of
Land Records or his nominee not below
the rank of Deputy Director of Land Records
having jurisdiction over the development area
or in any part thereof, Ex-Officio Members;
(i) Chief Executive Officer not below the rank of
Joint Director of Town Planning or an officer
appointed by Government for Metropolitan
Area and Deputy Director of Town Planning
elsewhere, to be appointed by the State
Government. Member Secretary
(4) The provisions of sections 9,10 and 11 of this Act shall mutatis mutandis apply to an Area Development Authority constituted under sub-section (1) as they apply in relation to a Regional Planning Board.
42D. Appointment of Government company, etc. as Area Development Authority,-
The State Government may, instead of constituting an Area Development Authority for a development area, appoint any agency or authority on any company or corporation established by the State or Central Government to be the Area Development Authority for any development area.
42E. Control by Metropolitan Planning Committee and District Planning Committee,-
(1) Every Area Development Authority constituted under section 42C or appointed under section 42D shall carry out such directions or instructions as may be issued, from time to time, by the Metropolitan Planning Committee or the District Planning Committee, as the case may be, within whose jurisdiction the notified area of the Area Development Authority, is situated:
Provided that, if the notified area of an Area Development Authority is situated in the jurisdiction of a Metropolitan Planning Committee and also of a District Planning Committee, the directions issued by the Metropolitan Planning Committee shall prevail over the directions issued by the District Planning Committee.
(2) Any dispute between the Area Development Authority and the Metropolitan Planning Committee or, the District Planning Committee, as the case may be, shall be referred to the State Government whose decision thereon shall be final.
(3) In the discharge of its duties, the Area Development Authority shall be bound by the directions issued by the State Government.
42F. Powers and functions of Area Development Authority,-
(1) The powers and functions of an Area Development Authority shall be,-
(i) to undertake the preparation and execution of town planning schemes having regard to the draft development plan prepared by the Metropolitan Planning Committee or the District Planning Committee, as the case may be, under the provisions of this Act;
(ii) to carry out surveys in the development area for the preparation of town planning schemes;
(iii) to control the development activities in accordance with the development plan and town planning schemes in the development area excluding the area under the jurisdiction of a local authority, which is permitted to execute the functions of a Planning Authority, in the manner provided for in Chapter IV;
(iv) to levy and collect such scrutiny fees for scrutiny of proposals submitted to the Area Development Authority for permission for development in accordance with the regulations, made in that behalf;
(v) to enter into contracts, agreements or arrangements, with any person or organization as the Area Development Authority may deem necessary for performing its functions;
(vi) to acquire, hold, manage and dispose of property, movable or immovable, as the Area Development Authority may deem necessary, subject, however, to the rules or regulations, if any, made in that behalf;
(vii) to execute works in connection with supply of water, disposal of sewerage and provision of other services and amenities;
(viii) to levy and collect such fees, for the execution of work referred to in clause (vii) and for provision of other services and amenities, as may be specified by the regulations;
(ix) to exercise such other powers and perform such other functions as are supplemental, incidental or consequential to any of the foregoing powers and functions or as may be directed by the State Government.
(2) The Area Development Authority shall be a Planning Authority for the area under its jurisdiction excluding the area under jurisdiction of a local authority under this Act which is permitted to execute the functions of a Planning Authority.
(3) On the constitution or, as the case may be, appointment of an Area Development Authority for any development area, the following consequences shall ensue, namely:–
(i) the authority or authorities functioning within the development area immediately before such constitution or appointment shall cease to exercise the powers and perform the functions and duties which the Area Development Authority is competent to exercise and perform under this Act;
(ii) the provisions of Chapters VI-A, VIII and IX alongwith the First and Second Schedule of this Act shall apply to the Area Development Authority, as if it was a New Town Development Authority;
(iii) the provisions of section 21 shall not apply to the Area Development Authority.
(4) The Area Development Authority, may, with the approval of the State Government, delegate any of its powers and functions to any authority or authorities functioning within its jurisdiction.
(5) The Area Development Authority, shall have its office at such place as the State Government may, by order, specify.
42G. Expenses of Area Development Authority,-
(1) The State Government shall, by an order in writing determine the amount which an authority or authorities functioning in the development area shall pay as contribution, either in one lump sum or in instalments as may be specified in the order, towards the expenses incurred by an Area Development Authority, in the discharge of its functions.
(2) The authority, in respect of whom the order under sub-section (1) has been issued by the State Government, shall not later than six months from the receipt of the order under sub-section (1), pay to the Area Development Authority, concerned, the amount of contribution specified in the order in the manner indicated therein and if such authority fails to so pay such amount, the State Government shall, on receipt of necessary intimation from the Area Development Authority, recover the same from such authority, in the manner as the State Government may decide and pay it to such Area Development Authority.
Chapter IV
Control of Development and Use of Land Included In Development Plans
- Restrictions on development of land,-
After the date on which the declaration of intention to prepare a Development plan for any area is published in the Official Gazette or after the date on which a notification specifying any undeveloped area as a notified area, or any area designated as a site for a new town, is published in the Official Gazette, no person shall institute or change the use of any land or carry out any development of land without the permission in writing of the Planning Authority:
Provided that, no such permission shall be necessary—
(i) for carrying out works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance thereof; except in case of heritage building or heritage precinct;
(ii) the carrying out of works in compliance with any order or direction made by any authority under any law for the time being in force;
(iii) the carrying out of works by any authority in exercise of its powers under any law for the time being in force;
(iv) for the carrying out by the Central or the State Government or any local authority of any works-
(a) required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highways, road or public street;
(b) for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cable, telephone or other apparatus including the breaking open of any street or other land for that purpose;
(v) for the excavation (including wells) made in the ordinary course of agricultural operation;
(vi) for the construction of a road intended to give access to land solely for agricultural purposes;
(vii) for normal use of land which has been used temporarily for other purposes;
(viii) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions;
(ix) for use, for any purpose incidental to the use of a building for human habitation of any other building or land attached to such building.
- Application for permission for development,-
(1) Except as otherwise provided by rules made in this behalf, any person not being Central or State Government or local authority intending to carry out any development on any land shall make in application writing to the Planning Authority for permission in such form and containing such particulars and accompanied by such documents, as may be prescribed:
Provided that, save as otherwise provided in any law, or any rules, regulations or bye-laws made under any law, for the time being in force, no such permission shall be necessary for demolition of an existing structure, erection or building or part thereof, in compliance of a statutory notice from a Planning Authority or a Housing and Area Development Board, the Bombay Repairs and Reconstruction Board or the Bombay Slum Improvement Board established under the Maharashtra Housing and Area Development Act, 1976 (Mah. XXXVIII of 1977).
(2) Without prejudice to the provisions of sub-section (1) or any other provisions of this Act, any person intending to execute a Special Township Project on any land, may make an application to the State Government, and on receipt of such application the State Government may, after making such inquiry as it may deem fit in that behalf, grant such permission and declare such project to be a Special Township Project by notification in the Official Gazette or, reject the application.
- Grant or refusal of permission,-
(1) On receipt of an application under section 44 the Planning Authority may, subject to the provisions of this Act, by order in writing-
(i) grant the permission, unconditionally;
(ii) grant the permission, subject to such general or special conditions as it may impose with the previous approval of the State Government; or
(iii) refuse the permission.
(2) Any permission granted under sub-section (1) with or without conditions shall be contained in a commencement certificate in the prescribed form.
(3) Every order granting permission subject to conditions, or refusing permission shall state the grounds for imposing such conditions or for such refusal.
(4) Every order under sub-section (1) shall be communicated to the applicant in the manner prescribed by regulations.
(5) If the Planning Authority does not communicate its decision whether to grant or refuse permission to the applicant within sixty days from the receipt of his application, or within sixty days from the date of receipt of reply from the applicant in respect of any requisition made by the Planning Authority, whichever is later, such permission shall be deemed to have been granted to the application on the date immediately following the date of expiry of sixty days.
Provided that, the development proposals, for which the permission was applied for, is strictly in conformity with the requirements of all the relevant Development Control Regulations framed under this Act or bye-laws or regulations framed in this behalf under any law for the time being in force and the same in no way violates either the provisions of any draft or final plan or proposals published by means of notice, submitted for sanction under this Act:
Provided further that, any development carried out in pursuance of such deemed permission which is in contravention of the provisions of the first proviso, shall be deemed to be an unauthorised development for the purposes of sections 52 to 57.
(6) The Planning Authority shall, within one month from the date of issue of commencement certificate, forward duly authenticated copies of such certificate and the sanctioned building or development plans to the Collector concerned.
- Provisions of Development plan to be considered before granting permission,-
The Planning Authority in considering application for permission shall have due regard to the provisions of any draft or final plan or proposals published by means of notice submitted or sanctioned under this Act.
- Appeal,-
(1) Any applicant aggrieved by an order granting permission on conditions or refusing permission under section 45 may, within forty days of the date of communication of the order to him, prefer an appeal to the State Government or to an officer appointed by the State Government in this behalf, being an officer not below the rank of a Deputy Secretary to Government; and such appeal shall be made in such manner and accompanied by such fees (if any) as may be prescribed.
(2) The State Government or the officer so appointed may, after giving a reasonable opportunity to the appellant and the Planning Authority to be heard, by order dismiss the appeal, or allow the appeal by granting permission unconditionally or subject to the conditions as modified.
- Lapse of permission,-
Every permission for development granted or deemed to be granted under section 45 or granted under section 47 shall remain in force for a period of one year from
the date of receipt of such grant, and thereafter it shall lapse:
Provided that, the Planning Authority, may on application made to it extend such period from year to year; but such extended period shall in no case exceed three years:
Provided further that, if the development is not completed upto plinth level or where there is no plinth, upto upper level of basement or stilt, as the case may be, within the period of one year or extended period, under the first proviso, it shall be necessary for the applicant to make application for fresh permission.
- Obligation to acquire land on refusal of permission or on grant of permission in certain cases,-
Where-
(a) any land is designated by a plan as subject to compulsory acquisition, or
(b) any land is allotted by a plan for the purpose of any functions of a Government or local authority or statutory body, or is land designated in such plan as a site proposed to be developed for the purposes of any functions of any such Government, authority or body, or
(c) any land is indicated in any plan as land on which a highway is proposed to be constructed or included, or
(d) any land for the development of which permission is refused or is granted subject to conditions,
and any owner of land referred to in clauses (a), (b) (c) or (d) claims-
(i) that the land has become incapable of reasonably beneficial use in its existing state, or
(ii) (where planning permission is given subject to conditions) that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with the conditions; or
(e) the owner of the land because of its designation or allocation in any plan claims that he is unable to sell it except at a lower price than that at which he might reasonably have been expected to sell if it were not so designated or allocated,
the owner or person affected may serve on the State Government within such time and in such manner, as is prescribed by regulations, a notice (hereinafter referred to as “the purchase notice”) requiring the Appropriate Authority to purchase the interest in the land in accordance with the provisions of this Act,
(2) The purchase notice shall be accompanied by a copy of any application made by the applicant to the Planning Authority, and of any order or decision of that Authority and of the State Government, if any, in respect of which the notice is given.
(3) On receipt of a purchase notice, the State Government shall forthwith call from the Planning Authority and the Appropriate Authority such report or records or both, as may be necessary, which those authorities shall forward to the State Government as soon as possible but not later than thirty days from the date of their requisition.
(4) On receiving such records or reports, if the State Government is satisfied that the conditions specified in sub-section (1) are fulfilled, and that order or decision for permission was not duly made on the ground that the applicant did not comply with any of the provisions of this Act or rules or regulations, it may confirm the purchase notice, or direct that planning permission be granted without condition or subject to such conditions as will make the land capable of reasonably beneficial use. In any other case, it may refuse to confirm the purchase notice, but in that case, it shall give the applicant a reasonable opportunity of being heard.
(5) If within a period of six months from the date on which a purchase notice is served the State Government does not pass any final order thereon, the notice shall be deemed to have been confirmed at the expiration of that period.
[(6) ***Deleted by Mah. Act 6 of 1976*******]
(7) If within one year from the date of confirmation of the notice, the Appropriate Authority fails to make an application to acquire the land in respect of which the purchase notice has been confirmed as required under section 126, the reservation, designation, allotment, indication or restriction on development of the land shall be deemed to have lapsed; and thereupon, the land shall be deemed to be released from the reservation, designation, or, as the case may be, allotment,
indication or restriction and shall become available to the owner for the purpose of development otherwise permissible in the case of adjacent land, under the relevant plan.
- Deletion of reservation of designated land for interim draft of final Development plan,-
(1) The Appropriate Authority (other than the Planning Authority), if it is satisfied that the land is not or no longer required for the public purpose for which it is designated or reserved or allocated in the interim or draft Development plan or plans for the area of Comprehensive development or the final Development plan, may request-
(a) the Planning Authority to sanction the deletion of such designation or reservation or allocation from the interim or the draft Development plan or plans for the area of Comprehensive development, or
(b) the State Government to sanction the deletion of such designation or reservation or allocation from the final Development plan.
(2) On receipt of such request from the Appropriate Authority, the Planning Authority, or as the case may be, the State Government may make an order sanctioning the deletion of such designation or reservation or allocation from the relevant plan:
Provided that, the Planning Authority, or as the case may be, the State Government may, before making any order, make such enquiry as it may consider necessary and satisfy itself that such reservation or designation or allocation is no longer necessary in the public interest.
(3) Upon an order under sub-section (2) being made, the land shall be deemed to be released from such designation, reservation, or as the case may be, allocation and shall become available to the owner for the purpose of development as otherwise permissible in the case of adjacent land, under the relevant plan.
- Power of revocation and modification of permission to development,-
(1) If it appears to a Planning Authority that it is expedient, having regard to the Development plan prepared or under preparation that any permission to develop land granted or deemed to be granted under this Act or any other law, should be revoked or modified, the Planning Authority may, after giving the person concerned an opportunity of being heard against such revocation or modification, by order, revoke or modify the permission to such extent as appears to it to be necessary:
Provided that-
(a) where the development relates to the carrying out of any building or other operation, no such order shall affect such of the operations as have been previously carried out; or shall be passed after these operations have substantially progressed or have been completed;
(b) where the development relates to a change of use of land, no such order shall be passed at any time after change has taken place.
(2) Where permission is revoked or modified by an order made under sub-section (1) and any owner claims within the time and in the manner prescribed, compensation for the expenditure incurred in carrying out the development in accordance with such permission which has been rendered abortive by the revocation or modification, the Planning Authority shall, after giving the owner reasonable opportunity of being heard by the Town Planning Officer, and after considering his report, assess and offer, subject to the provisions of section 19, such compensation to the owner as it thinks fit.
(3) If the owner does not accept the compensation and gives notice, within such time as may be prescribed, of his refusal to accept, the Planning Authority shall refer the matter for the adjudication of the Court, and the decision of the Court shall be final and be binding on the owner and Planning Authority.
- Penalty for unauthorised development or for use otherwise than in conformity with Development plan,-
(1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes, or changes the use of any land-
(a) without permission required under this Act; or
(b) which is not in accordance with any permission granted or in contravention of any condition subject to which such permission has been granted;
(c) after the permission for development has been duly revoked; or
(d) in contravention of any permission which has been duly modified,
shall, on conviction, be punished with imprisonment for a term which shall not be less than one month but which may extend to three years and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees, and in the case of a continuing offence with a further daily fine which may extend to two hundred rupees for every day during which the offence continues after conviction for the first commission of the offence.
(2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a Development plan without being allowed to do so under section 45 or 47, or where the continuance of such use has been allowed under that section continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall, on conviction be punished with fine which may extend to five thousand rupees; and in the case of a continuing offence, with a further fine which may extend to one hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.
- Power to require removal of unauthorised development,-
(1) Where any development of land has been carried out as indicated in sub-section (1) of section 52, the Planning Authority may, subject to the provisions of this section, serve on the owner a notice requiring him, within such period, being not less than one month, as may be specified, therein after the service or the notice, to take such steps as may be specified in the notice,
(a) in cases specified in clause (a) or (c) of sub-section (1) of section 52, to restore the land to its condition existing before the said development took place.
(b) in cases prescribed in clauses (b) or (d) of sub-section (1) of section 52, to secure compliance with the conditions or with the permission as modified:
Provided that, where the notice requires the discontinuance of any use of land, the Planning Authority shall serve a notice on the occupier also.
(2) In particular, such notice may, for purposes of sub-section (1), require-
(a) the demolition or alteration of any building or works;
(b) the carrying out on land of any building or other operations; or
(c) the discontinuance of any use of land.
(3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner prescribed, apply for permission under section 44 for retention on the land of any building or works or for the continuance of any use of the land, to which the notice relates, and pending the final determination or withdrawal of the application, the mere notice itself shall not affect the retention of buildings or works or the continuance of such use.
(4) The foregoing provisions of this Chapter shall, so far as may be applicable apply to an application made under sub-section (2).
(5) If the permission applied for is granted, the notice shall stand withdrawn; but if the permission applied for is not granted, the notice shall stand; or if such permission is granted for the retention only of some buildings, or works, or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects such buildings or works or such part of the land, but shall stand as respects other buildings or works or other part of the land, as the case may be and thereupon, the owner shall be required to take steps specified in the notice under sub-section (1) as respects such other buildings, works or part of the land.
(6) If within the period specified in the notice or within the same period after the disposal of the application under sub-section (4), the notice or so much of it as stands is not complied with, the planning Authority may-
(a) prosecute the owner for not complying with the notice; and where the notice requires the discontinuance of any use of land any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and
(b) where the notice requires the demolition or alteration of any building or works carrying out of any building or other operations, itself cause the restoration of the land to its condition before the development took place and secure compliance with the conditions of the permission or with the permission as modified by taking such steps as the Planning Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations; and recover the amount of any expenses incurred by it in this behalf from the owner as arrears of land revenue.
(7) Any person prosecuted under clause (a) of sub-section (6) shall, on conviction, be punished with imprisonment for a term which shall not be less than one month but which may extend to three years and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees, and in the case of a continuing offence with a further daily fine which may extend to two hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.
- Power to stop unauthorised development,-
(1) Where any development of land as indicated in sub-section (1) of section 52 is being carried out but has not been completed, the Planning Authority may serve on the owner and the person carrying out the development a notice requiring the development of land to be discontinued from the time of the service of the notice;
and thereupon, the provisions of sub-sections (3), (4), (5) and (6) of section 53 shall so far as may be applicable apply in relation to such notice, as they apply in relation to notice under section 53.
(2) 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, on conviction be punished with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees or with both; and when the non-compliance is a continuing one, with a further fine which may extend to one hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues.
- Removal or discontinuance of unauthorised temporary development summarily,-
(1) Notwithstanding anything hereinbefore contained in this Chapter, where any person has carried out any development of a temporary nature unauthorisedly as indicated in sub-section (1) of section 52, the Planning Authority may by an order in writing direct that person to remove any structure or work erected, or discontinue the use of land made, unauthorisedly as aforesaid, within fifteen days of the receipt of the order; and if thereafter, the person does not comply with the order within the said period, the Planning Authority may request the District Magistrate or the Commissioner of Police, as the case may be, or authorise any of its officers or servants, to have such work summarily removed or such use summarily discontinued without any notice as directed in the order; and any development unauthorisedly made again, shall be similarly removed or discontinued summarily without making any order as aforesaid.
(2) The decision of the Planning Authority on the question of what is development of a temporary nature shall be final.
- Power to require removal of authorised development or use,-
(1) If it appears to a Planning Authority that it is expedient in the interest of proper planning of its areas (including the interest of amenities) having regard to the Development plan prepared—
(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 served 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 one month, as may be, specified therein, after the service of the notice.
(2) Any person aggrieved by such notice may, within the said period and in the manner prescribed, appeal to the State Government.
(3) On receipt of an appeal under sub-section (2), the State Government or any other person appointed by it in this behalf may, after giving a reasonable opportunity of being heard to the appellant and the Planning Authority, dismiss the appeal or allow the appeal by quashing or varying the notice as it may think fit.
(4) If any person,–
(i) who has suffered damage in consequence of the compliance with the notice by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land or otherwise; or
(ii) who has carried out any works in compliance with the notice,
claims, from the Planning Authority, within the time and in the manner prescribed compensation in respect of that damage, or of any expenses reasonably incurred by him, for complying with the notice, then the provisions of sub-sections (2) and (3) of section 51 shall apply in relation to such claim as those provisions apply to claims for compensation under those provisions.
(5) If any person having interest in land in respect of which a notice is issued under this section claims that by the reason of the compliance with the notice, the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal, if any, filed under sub-section (2) and in the manner prescribed, serve on the State Government a purchase notice requiring his interest in the land to be acquired; and thereupon, the provisions of section 49 for dealing with a purchase notice shall, so far as can be made applicable, apply as they apply to a purchase notice under that section.
- Recovery of expenses incurred,-
Any expenses incurred by a Planning Authority under sections 53, 54, 55 and 56 shall be a sum due to the Planning Authority under this Act from the person in default of the owner of the plot.
- Development undertaken on behalf of Government,-
(1) When any Government intends to carry out development of any land for the purpose of any of its departments or offices or authorities, the officer in charge thereof shall inform in writing the Planning Authority the intention of Government to do so, giving full particulars thereof, and accompanied by such documents and plans as may be prescribed at least thirty days before undertaking such development.
(2) Where a Planning Authority raises any objection to the proposed development on the ground that the development is not in conformity with the provisions either of any Development plan under preparation, or of any building bye-laws in force for the time being, or for any other material consideration, the officer shall-
(i) either make necessary modifications in the proposals for development to meet the objections raised by the Planning Authority; or
(ii) submit the proposals for development together with the objections raised by the Planning Authority to the State Government for the decision.
(3) The State Government, on receipt of the proposals for development together with the objections of the Planning Authority shall, in consultation with the Director of Town Planning, either approve the proposals with or without modifications or direct the officer to make such modifications in the proposals as it considers necessary in the circumstances.
(3A) The development proposal approved by the State Government under sub-section (3) shall remain in force for a period of one year from the date of grant of such approval, and thereafter it shall lapse:
Provided that the officer in charge of the development may apply under intimation to the Planning Authority, to the State Government for extension of such period and thereupon the State Government may extend such period from year to year; but such extended period shall in no case exceed three years:
Provided further that, such lapse shall not bar any subsequent application by the officer in charge of the development, for fresh approval to the development under the preceding sub-sections.
(4) The provisions of sections 44, 45, and 47 shall not, and section 46 shall, mutatis mutandis and section 48 shall, as modified by sub-section (3A), apply to developments carried out under this section.
Chapter V
Town Planning Schemes
(A) Making of Town Planning Schemes
- Preparation and contents of town planning scheme,-
(1) Subject to the provisions of this Act or any other law for the time being in force-
(a) a Planning Authority may for the purpose of implementing the proposals in the final Development Plan, prepare one or more town planning schemes for the area within its jurisdiction, or any part thereof;
(b) a town planning scheme may make provision for any of the following matters, that is to say-
(i) any of the matters specified in section 22;
(ii) the laying out or re-laying out of land, either vacant or already
built upon, including areas of comprehensive development;
(iii) the suspension, as far as may be necessary for the proper
carrying out of the scheme, of any rule, by-law, regulation,
notification or order made or issued under any law for the time
being in force which the Legislature of the State is competent to
make;
(iv) such other matter not inconsistent with the object of this Act, as
may be directed by the State Government.
(2) In making provisions in a draft planning scheme for any of the matters referred to in clause (b) of sub-section (1), it shall be lawful for a Planning Authority with the approval of the Director of Town Planning and subject to the provisions of section 68 to provide for suitable amendment of the Development plan.
- Power of Planning Authority to resolve on declaration of intention to make Scheme,-
(1) A Planning Authority may by resolution declare its intention to make a town planning scheme in respect of any part of the area within its jurisdiction.
(2) Not later than thirty days from the date of such declaration of intention to make a scheme (hereinafter referred to as the declaration), the Planning Authority shall publish the declaration in the Official Gazette, and in such other manner as may be prescribed and despatch a copy thereof (together with a copy of the plan showing the area to be included in the scheme) to the State Government and also to the Director of Town Planning.
(3) A copy of the plan shall be open to the inspection of the public at all reasonable hours at the head office of the Planning Authority.
- Making and publication of draft scheme by means of notice,-
(1) Not later than twelve months from the date of the declaration, subject however, to subsection (3), the Planning Authority shall in consultation with the Director of Town Planning, make a draft scheme for the area in respect of which the declaration was made, and publish a notice in the Official Gazette and in such other manner as may be prescribed stating that the draft scheme in respect of such area has been made. The notice shall state the name of the place where a copy thereof shall be available for inspection by the public and shall also state that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price.
(2) If the Planning Authority fails to make a draft scheme and publish a notice regarding its making within the period specified in sub-section (1) or within the period extended under sub-section (3), the declaration shall lapse, unless the State Government appoints an Officer to prepare, and submit the draft scheme to the State Government on behalf of the Planning Authority not later than twelve months from the date of such appointment or the extended period under sub-section (3); but any such lapse of declaration shall not debar the Planning Authority from making a fresh declaration any time in respect of the same area.
(3) The State Government may, on application made by the Planning Authority or, as the case may be, the officer, from time to time by notification in the Official Gazette extend the period specified in sub-section (1) or (2) by such period not exceeding six months as may be specified in the notification.
- Inclusion of additional area in draft scheme,-
If at any time before a draft scheme is prepared and submitted to the State Government for sanction, the Planning Authority or the officer is of the opinion, or on any representation made to it or him that an additional area be included within the said scheme, the Planning Authority or the officer may, after informing the State Government and giving notice in the Official Gazette, and also in one or more local newspapers, include such additional area in the scheme; and thereupon, all the provisions of sections 59, 60 and 61 shall apply in relation to such additional area as they apply to any original area of the scheme and the draft scheme shall be prepared for the original area and such additional area and submitted to the State Government for sanction.
- Power of State Government to require Planning Authority to make scheme,-
(1) Notwithstanding anything contained in this Act, the State Government may, in respect of any Planning Authority after making such inquiry as it deems necessary, direct that Authority to make and submit for its sanction, a draft scheme in respect of any land in regard to which a town planning scheme may be made after a notice regarding its making has been duly published in the prescribed manner.
(2) If the Planning Authority fails to make the declaration of intention to make a scheme within three months from the date of direction made under sub-section (1) the State Government may by notification in the Official Gazette appoint an officer to make and submit the draft scheme for the land to the State Government after a notice regarding its making has been duly published as aforesaid and thereupon the provisions of sections 60, 61 and 62 shall, as far as may be applicable, apply to the making of such a scheme.
- Contents of draft Scheme,-
A draft scheme shall contain the following particulars so far as may be necessary, that is to say,–
(a) the ownership, area and tenure of each original plot;
(b) reservation, acquisition or allotment of land required under sub-clause (1) of clause (b) of section 59 with the general indication of the 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 uses;
(c) the extent to which it is proposed to alter the boundaries of the original plots by reconstitution;
(d) an estimate of the total cost of the scheme and the net cost to be borne by the Planning Authority;
(e) a full description of all the details of the scheme with respect to such matters referred to in clause (b) of section 59 as may be applicable;
(f) the laying out or re-laying out of land either vacant or already built upon including areas of comprehensive development;
(g) the filling up or reclamation of low lying, swamp or unhealthy areas or levelling up of land;
(h) any other prescribed particulars.
- Reconstituted plot,-
(1) In the draft scheme, the size and shape of every reconstituted plot shall be determined, so far as may be, to render it suitable for building purposes, and where a plot is already built upon, to ensure that the buildings as far as possible comply with the provisions of the scheme as regards open spaces.
(2) For the purpose of sub-section (1), a draft 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 the original plot by the transfer wholly or partly of the adjoining lands;
(c) to provide, with the consent of the owners, that two or more original plots each of which is held in ownership in severally or in joint ownership shall hereafter, with or without alteration of boundaries, be held in ownership in common as a final plot;
(d) to allot a final plot to any owner dispossessed of land in furtherance of the scheme; and
(e) to transfer the ownership of an original plot from one person to another.
- Compensation for discontinuance of use,-
Where under sub-clause (1) of clause (b) of section 59, the purposes to which the buildings or areas may not be appropriated or used in pursuance of clause (m) of section 22 have been specified, then the building or area shall cease to be used for a purpose other than the purposes specified in the scheme within such time as may be specified in the final scheme, and the person affected by this provision shall be entitled to such compensation from the Planning Authority as may be determined by the Arbitrator:
Provided that, in ascertaining whether compensation be paid, the time within which the person affected was permitted to change the user shall be taken into consideration.
- Objections to draft scheme to be considered,-
If within thirty days from the date of the publication of notice regarding the preparation of the draft scheme, any person affected thereby communicates in writing any objection relating to such scheme, the Planning Authority or the officer appointed under sub-section (2) of section 61 or section 63 shall consider such objection and may, at any time before submitting the draft scheme to the State Government as hereinafter provided, modify such scheme as it or he thinks fit
- Power of State Government to sanction draft scheme,-
(1) The Planning Authority or as the case may be, the officer aforesaid shall, not later than six months from the date of the publication of the notice, in the Official Gazette regarding the making of the draft scheme, submit the same with any modifications which it or he may have made therein together with a copy of objections received by it or him to the State Government, and shall at the same time apply for its sanction.
(2) On receiving such application, after making such inquiry as it may think fit and
consulting the Director of Town Planning, the State Government may, not later than six months from the date of its submission, by notification in the Official Gazette or not later than such further time as the State Government may extend, either sanction such draft scheme with or without modifications and subject to such conditions as it may think fit to impose or refuse to give sanction.
(3) If the State Government sanctions such scheme, it shall in such modification state at what place and time the draft scheme shall be open to the inspection of the public and the State Government shall also state therein that copies of the scheme or any extract therefrom certified to be correct shall on application be available for sale to the public at a reasonable price.
- Restrictions on use and development of land after declaration for town planning scheme,-
(1) On or after the date on which a declaration of intention to make a scheme is published in the Official Gazette:-
(a) no person shall within the area included in the scheme, institute or change the use of any land or building or carry out any development, unless such person has applied for and obtained the necessary permission which shall be contained in a commencement certificate granted by the Planning Authority in the prescribed form;
(b) the Planning Authority on receipt of such application shall at once furnish the applicant with a written acknowledgement of its receipt, and
(i) in the case of a Planning Authority other than a municipal
corporation, after inquiry and where an Arbitrator has been appointed
in respect of a draft scheme after obtaining his approval; or
(ii) in the case of a municipal corporation, after inquiry; may either
grant or refuse such certificate, or grant it subject to such conditions
as the Planning Authority may, with the previous approval of the
State Government, thinks fit to impose.
(2) If a municipal corporation gives permission under clause (b) of sub-section (1), it shall inform the Arbitrator accordingly, and shall send him a copy of the plan:
Provided that, a municipal corporation shall not grant a commencement certificate for any purpose which is in conflict with the provisions of the draft scheme, unless the corporation first obtains concurrence of the Arbitrator for the necessary change in the proposal of the draft scheme.
(3) If a Planning Authority communicates no decision to the applicant within two months from the date of such acknowledgement, the applicant shall be deemed to have been granted such certificate.
(4) If any person contravenes the provisions contained in clause (a) or clause (b) of sub-section (1), the Planning Authority may direct such person by notice in writing to stop any development in progress, and after making inquiry in the prescribed manner, remove, pull down or alter any building, or other development or restore the land in respect of which such contravention is made to its original condition.
(5) Any expense incurred by the Planning Authority under sub-section (4) shall be a sum due to the Planning Authority under this Act from the person in default or the owner of the plot.
(6) The provisions of Chapter IV shall mutatis mutandis, apply in relation to the development and use of land included in a town planning scheme in so far as they are not inconsistent with the provisions of the Chapter.
(7) The restrictions imposed by this section shall cease to operate in the event of the State Government refusing to sanction the draft scheme or the final scheme or in the event of the withdrawal of the scheme under section 87 or in the event of the declaration lapsing under sub-section (2) of section 61.
- Power of State Government to suspend rule, bye-law etc,-
(1) Where a Planning Authority has published a declaration under section 61 the State Government may, on an application of the Planning Authority by order published in the Official Gazette, suspend to such extent only as may be necessary for the proper carrying out of the scheme any rule, bye-law, regulation, notification or order made or issued under any law which the Legislature of the State is competent to amend.
(2) Any order issued under sub-section (1) shall cease to operate in the event of the State Government refusing to sanction the scheme, or in the event of the withdrawal of the scheme under section 87 or in the event of the coming into force of the final scheme or in the event of the declaration lapsing under sub-section (2) of section 61.
- Disputed ownership,-
(1) Where there is a disputed claim as to the ownership of any piece of land included in an area in respect of which a declaration of intention to make a town planning scheme has been made and any entry in the record of rights or mutation register relevant to such disputed claim is inaccurate or inconclusive, an inquiry may be held on an application being made by the Planning Authority or the Arbitrator at any time prior to the date on which the Arbitrator draws up the final scheme under clause (xviii) of sub-section (3) of section 72 by such officer as the State Government may appoint for the purpose of deciding who shall be deemed to be owner for the purposes of this Act.
(2) Such decision shall not be subject to appeal but it shall not operate as a bar to a regular suit.
(3) Such decision shall, in the event of a Civil Court passing a decree which is inconsistent therewith, be corrected, modified or rescinded in accordance with such decree as soon as practicable after such decree has been brought to the notice of the Planning Authority either by the Civil Court or by some person affected by such decree.
(4) Where such a decree of the Civil Court is passed, after final scheme has been sanctioned by the State Government under section 86, such final scheme shall be deemed to have been suitably varied by reason of such decree.
(B) The Arbitrator and the Tribunal of Appeal
- Arbitrator; his powers and duties,-
(1) Within one month from the date on which the sanction of the State Government to the draft scheme is published in the Official Gazette, the State Government shall for purposes of one or more planning schemes received by it for sanction appoint any person possessing such qualifications as may be prescribed to be an Arbitrator with sufficient establishment and his duties shall be as hereinafter provided.
(2) The State Government may, if it thinks fit at any time, remove for incompetence or misconduct or replace for any good and sufficient reason an Arbitrator appointed under this section and shall forthwith appoint another person to take his place and any proceeding pending before the Arbitrator immediately before the date of his removal or replacement shall be continued and disposed of by the new Arbitrator appointed in his place.
(3) In accordance with the prescribed procedure, every Arbitrator shall, –
(i) after notice given by him in the prescribed manner define, demarcate and decide the areas allotted to, or reserved for the public purpose or purposes of the Planning Authority, and also the final plots;
(ii) after notice given by him in the prescribed manner, decide the person or persons to whom a final plot is to be allotted; and when such plot is to be allotted to persons in ownership in common, decide the shares of such persons;
(iii) estimate the value of and fix the difference between the values of the original plots and the values of the final plots included in the final scheme, in accordance with the provisions contained in clause (f) of sub-section (1) of section 97;
(iv) estimate the compensation payable for the loss of the area of the original plot in accordance with the provisions contained in clause (f) of sub-section (1) of section 97 in respect of any original plot which is wholly acquired under the scheme;
(v) determine whether the areas allotted or reserved for the public purpose or purposes of the Planning Authority are beneficial wholly or partly to the owners or residents within the area of the scheme;
(vi) estimate the proportion of the sums payable as compensation on each plot used, allotted or reserved for the public purpose or purposes of the Planning Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme;
(vii) determine the proportion of contribution to be levied on each plot used, allotted or reserved for the public purposes or purpose of the Planning Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;
(viii) determine the amount of exemptions, if any, from the payment of the contribution that may be granted in respect of plots or portions thereof exclusively used or occupied for religious or charitable purposes at the date of which the final scheme is drawn up under clause (xviii) of this sub-section;
(ix) estimate the value of final plots included in the final scheme and the increment to accrue in respect of such plots in accordance with the provisions of section 98;
(x) calculate the proportion in which the increment in respect of the final plots included in the final scheme shall be liable to contribution to the cost of the scheme in accordance with the provisions contained in section 97;
(xi) calculate the contribution to be levied on each final plot included in the final scheme;
(xii) determine the amount to be deducted from or added to, as the case may be, the contribution livable from a person in accordance with the provisions contained in section 100;
(xiii) provide for the total or partial transfer of any right in an original plot to a final plot or provide for the extinction of any right in an original plot in accordance with the provisions contained in section 101;
(xiv) estimate the amount of compensation payable under section 66;
(xv) where a plot is subject to a mortgage with possession or a lease, decide the proportion of compensation payable to or contribution payable by the mortgagee or lessee on one hand and the mortgagor or lessor on the other;
(xvi) estimate in reference to claims made before him, after the notice given by him in the prescribed manner, the compensation to be paid to the owner of any property or right injuriously affected by the making of a town planning scheme in accordance with the provisions contained in section 102;
(xvii) determine the period in which the works provided in the scheme shall be completed by the Planning Authority;
(xviii) draw in the prescribed form the final scheme in accordance with the draft scheme;
Provided that –
(a) he may make variations from the draft scheme;
(b) he may with the previous sanction of the State Government after hearing the Planning Authority and any owners who may raise objections make substantial variations in the draft scheme.
Explanation:- For the purpose of sub-clause (b) of this proviso, “substantial variation” means increase in the total cost of the draft scheme by more than 20 per cent or two lakhs of rupees whichever is higher, on account of the provisions of new works or the reservation of additional sites for public purposes included in the final scheme drawn up by the Arbitrator.
(4) The Arbitrator shall decide all matters referred to in sub-section (3) within a period of twelve months from the date of his appointment, and in the case of an Arbitrator appointed under the Bombay Town Planning Act, 1915 (Bom. I of 1915), or a Town Planning Officer appointed under the Bombay Town Planning Act, 1954 (Bombay XXVII of 1955) (whose appointment is continued under section 165), within a period of twelve months from the date of commencement of this Act:
Provided that, the State Government may, if it thinks fit, whether the said period has expired or not, and whether all the matters referred to in sub-section (3) have been decided or not, extend from time to time by a notification in the Official Gazette the period for deciding all the matters referred to in that sub-section (3) or any extended period therefor.
- Certain decisions of Arbitrator to be final,-
Except in matters arising out of clauses (iv) to (xi) both inclusive, and clauses (xiv), (xv) and (xvi) of sub-section (3) of section 72, every decision of the Arbitrator shall be final and conclusive and binding on all parties including the Planning Authority.
- Appeal,-
(1) Any decision of the Arbitrator under clauses (vi) to (xi) both inclusive and clauses (xiv), (xv) and (xvi) of sub-section (3) of section 72 shall be forthwith communicated to the party concerned including the Planning Authority; and any party aggrieved by such decision may, within two months from the date of communication of the decision, apply to the Arbitrator to make a reference to the Tribunal of Appeal for decision of the appeal.
(2) The provisions of sections 5, 12, and 14 of the Indian Limitation Act, 1963 (36 of 1963), shall apply to appeals submitted under this section.
- Constitution of Tribunal of Appeal,-
(1) The Tribunal of Appeal shall consist of a President and two Assessors.
(2) The President shall –
(a) in Greater Bombay, be the Principal Judge of the Bombay City Civil Court or such other Judge of the said Court as may be appointed by the State Government on the recommendation of the Principal Judge; and
(b) elsewhere, be the District Judge or the Civil Judge of the Senior Division as may be appointed by the State Government on the recommendation of the District Judge:
Provided that, the State Government may, if it thinks fit, appoint as President any person who has held the post- (i) in Greater Bombay of a Judge of the High Court or of the Bombay City Civil Court, and (ii) elsewhere of a Judge of the District Court.
(3) The President shall appoint fit and proper persons as Assessors, who shall as far as possible have knowledge, or experience of town planning, valuation of land or civil engineering.
(4) The President and the Assessors shall be appointed members of the Tribunal of Appeal for such period as may be required by such Tribunal to decide an appeal made against the decision under clauses (iv) to (xi) (both inclusive), and clauses (xi), (xv) and (xvi) of the sub-section (3) of Section 72.
(5) The State Government may, if it thinks fit, remove for incompetence or misconduct or any good and sufficient reason any Assessor appointed under sub section (3).
(6) If any Assessor is removed or dies or refuses or neglects to act or becomes incapable of acting, the President shall appoint forthwith a fit and proper person to take the place of such Assessor.
- Arbitrator to assist Tribunal in advisory capacity and his remuneration,- (1) The Arbitrator shall be present at the proceedings before the Tribunal of Appeal. He shall not be required to give evidence in such proceedings but the President may require him to assist the Tribunal in an advisory capacity.
(2) Where the Arbitrator is required under sub-section (1) to assist the Tribunal of Appeal, he shall, save where he is a salaried officer of Government be entitled to such fees as the State Government may from time to time determine.
- Place where Tribunal may sit,-
The Tribunal of Appeal may sit either at the headquarters of the President or at any other place within the local limits of his jurisdiction which he may deem convenient for the consideration and decision of any matter before such Tribunal.
- Decision of questions to law and other questions.-
All Questions of law and procedure shall be decided by the President All other questions shall be decided by the President and the two Assessors or by a majority.
- Power of Tribunal to decide matter finally,-
(1) The Tribunal of Appeal shall, after making such inquiry as it may think fit, decide all matters arising out of, clauses (iv) to (xi) (both inclusive) and clauses (xiv), (xv) and (xvi) only of sub-section (3) of section 72 in respect of appeals referred to the Tribunal; and may either confirm the proposals of the Arbitrator or direct him where necessary to reconsider, vary or modify his proposals only in respect of such matters aforesaid.
(2) Every decision of the Tribunal of Appeal shall be final and conclusive and binding on all persons and parties including the Planning Authorities.
- Tribunal not to be Court,-
Nothing contained in this Act shall be deemed to constitute the Tribunal of Appeal to be a Court.
- Remuneration of Arbitrator and Assessors and payment of incidental expenses of Tribunal,-
(1) The President and the Assessors shall, save where they are salaried Government Officers, be entitled to such remuneration, either by way of monthly salary or by way of fees or partly in one way and partly in the other, as the State Government may, from time to time, decide:
Provided that, in exceptional cases where the scheme is a large one or the work involved is complicated, the State Government may authorise the President and the Assessors, even if they are salaried Government Officers to receive such special salary or remuneration, as the State Government may by order, decide from time to time.
(2) The salary of the President of the Tribunal of Appeal or an Assessor who is a salaried Government Officer, and any remuneration payable under sub-section (1) of this section and fees payable to an Arbitrator under sub-section (2) of section 76 and all expenses incidental to the working of the Tribunal of Appeal shall, unless the State Government otherwise determines, be defrayed out of the funds of the Planning Authority and shall be added to the cost of the scheme.
- Decisions of Arbitrator to be final in certain matters,-
(1) Where no appeal has been made under section 74, the decisions of the Arbitrator under clauses (iv) to (xi) and clauses (xiv), (xv) and (xvi) of sub-section (3) of section 72 shall be final and binding on the parties.
(2) The Tribunal of Appeal shall send a copy of its decision in appeal to the Arbitrator who shall then, where necessary, make variation in the scheme in accordance with such decision and may also rectify such errors or omissions, if any, as may have been brought to his notice after publication of the final scheme as drawn up by him under clause (xviii) of sub-section (3) of section 72; and the Arbitrator shall forward such final scheme together with a copy of his decisions under section 72 and a copy of the decision of the Tribunal of Appeal in appeal to the State Government for the sanction of the final scheme.
- Possession of land in advance of town planning scheme,-
(1) Where a Planning Authority thinks that, in the interest of the public, it is necessary to undertake forthwith any of works included in a draft scheme for a public purpose, the Planning authority shall make an application through the Arbitrator to the State Government to vest in it the land (without any building) shown in the draft scheme.
(2) The State Government may, if satisfied that it is urgently necessary in the public interest to empower the Planning Authority to enter on such land for the purpose of executing any of such works, direct the Arbitrator, by notification in the Official Gazette, to take possession of the land, or may, after recording its reasons refuse to make any such direction:
Provided that, no such direction shall be made without the Arbitrator giving a hearing to any person or Planning Authority affected by such direction, and considering the report of the Arbitrator in that behalf.
(3) The Arbitrator shall then give a notice in the prescribed manner to the person interested in the land the possession of which is to be taken by Arbitrator requiring him to give possession of his land to the Arbitrator or any person authorised by him in this behalf within a period of one month from the date of service of notice and if no possession is delivered within the period specified in the notice, the Arbitrator shall take possession of the land and shall hand over the land to the Planning Authority. Such land shall thereupon, notwithstanding anything contained in this Act, vest absolutely in the Planning Authority free from all encumbrances.
- Commissioner of Police or Magistrate to enforce delivery of possession of land,-
(1) If the Arbitrator is opposed or impeded in taking possession of the land under section 83, he shall request the Commissioner of Police, or as the case may be, the District Magistrate, to enforce the delivery of possession of the land to the Arbitrator. The Commissioner or the District Magistrate, as the case may be, shall take or cause to be taken such steps and use or cause to be used such force as may be reasonably necessary for securing the delivery of possession of the land to the Arbitrator.
(2) For the avoidance of doubt, it is hereby declared that the power to take steps under sub-section (1) includes the power to enter upon any land or other property whatsoever.
- Owner of land of which possession is taken entitled to interest,-
(1) Where possession of land is taken by the Arbitrator under section 83 or 84, the person interested in such land shall be entitled to interest at the rate of 4 per cent per annum on the amount of compensation payable to him under the final scheme in respect of the said land from the date on which such possession is taken till the date on which amount of compensation is paid to him by the Planning Authority.
(2) The Planning Authority may, at the request of the person interested pay after consulting the Arbitrator, an advance as provided in sub-section (3) of section 129.
- Sanction by State Government to final Scheme,-
(1) The State Government may, within a period of four months from the date of receipt of the final scheme under section 82 from the Arbitrator or within such further period as the State Government may extend, by notification in the Official Gazette, sanction the scheme or refuse to give such sanction provided that in sanctioning the scheme the State Government may make such modifications as may in its opinion be necessary, for the purposes of correcting an error, irregularity or informality.
(2) If the State Government sanctions such scheme, it shall state in the notification-
(a) the place at which the final scheme is kept open to inspection by the public and also state therein that copies of the scheme or extracts therefrom certified to be correct shall, on application, be available for sale to the public at a reasonable price;
(b) a date (which shall not be earlier than one month after the date of the publication of the notification) on which all the liabilities created by the scheme shall take effect and the final scheme shall come into force:
Provided that, the State Government may, from time to time, postpone such date, by notification in the Official Gazette, by such period, not exceeding three months at a time as it thinks fit.
(3) On and after the date fixed in such notification, a town planning scheme shall have effect as if it were enacted in this Act.
- Withdrawal of scheme,-
(1) If at any time before the final scheme is forwarded to the State Government, a representation is made to the Arbitrator by the Planning Authority and a majority of
the owners in the area that the scheme should be withdrawn, the Arbitrator shall after inviting from all persons interested in the scheme objections to such representation, forward such representation together with the objections, if any, to the State Government.
(2) After making such inquiry as it may think fit, the State Government may, by notification in the Official Gazette, direct that the scheme shall be withdrawn; and upon such withdrawal no further proceedings shall be taken in regard to such scheme.
- Effect of final scheme:-
On and after the day on which a final scheme comes into force –
(a) all lands required by the Planning Authority shall, unless it is otherwise determined in such scheme, vest absolutely in the Planning Authority free from all encumbrances;
(b) all rights in the original plots which have been reconstituted shall determine, and the reconstituted plots shall become subject to the rights settled by Arbitrator;
(c) the Planning Authority shall hand over possession of final plots to the owners to whom they are allotted in the final scheme.
(C) Enforcement of Schemes
- Power of Planning Authority to evict summarily,-
(1) On and after the day on which a final scheme comes into force, any person continuing to occupy any land which he is not entitled to occupy under the final scheme may, in accordance with the prescribed procedure, be summarily evicted by the Planning Authority or any of its officers authorised in that behalf by that Authority.
(2) If the Planning Authority is opposed or impeded in evicting such person or taking possession of land from such person, the Commissioner of Police, or as the case may be, the District Magistrate shall at the request of the Planning Authority enforce the eviction of such person to ensure delivery of possession of land to the Planning Authority as may be necessary.
- Power to enforce scheme,-
(1) On and after the day on which a final scheme comes into force, the Planning Authority may, after giving the prescribed notice and in accordance with the provisions of the scheme, –
(a) remove, pull down or alter any building or other works in the area included in the scheme which is such as to contravene the scheme or in the erection of which or carrying out of which, any provision of the 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 Planning Authority that delay in the execution of the work would prejudice the efficient operation of the scheme.
(2) Any expenses incurred by the Planning Authority under this section may be recovered from the person in default or from the owner of the original plot in the manner provided for the recovery of sums due to the Planning Authority under the provisions of this Act.
(3) If any action taken by the Planning Authority is questioned, the matter shall be referred to the State Government or any officer authorised by the State Government in this behalf; and the decision of the State Government or of the officer, as the case may be, shall be final and conclusive and binding on all the persons.
(D) Variation of Schemes
- Power to vary schemes on ground of error, irregularity or informality,-
(1) If after the final scheme has come into force, the Planning Authority considers that the scheme is defective on account of an error, irregularity or informality or that the scheme needs the variation or modification of a minor nature, the Planning Authority may apply in writing to the State Government for variation of the 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, by notification in the Official Gazette, authorise or direct the Planning Authority to prepare a draft of such variation and publish a notice in the Official Gazette, and in such other manner as may be prescribed stating that a draft variation has been prepared.
(3) The notice of preparation of a draft variation published under sub-section (2) shall state every amendment proposed to be made in the scheme, and if any such amendment relates to a matter specified in any of the sub-clauses (i) to (ii) of clause (b) of section 59, the draft variation shall also contain such other particulars as may be prescribed.
(4) The draft variation shall be open to the inspection of the public at the office of the Planning Authority during office hours and copies of such draft variation or any, extract therefrom certified to be correct shall be available for sale to the public at a reasonable price.
(5) Not later than one month of the date of the publication of the notice regarding
preparation of draft variation, any person affected thereby may communicate in writing his objections to such variation to the State Government, and send a copy thereof to the Planning Authority.
(6) After receiving the objections under sub-section (5), the State Government may, after consulting the Planning Authority and after making such inquiry as it may think fit, by notification in the Official Gazette,-
(a) appoint an Arbitrator, and thereupon the provisions of this Chapter shall so far as may be, apply to such draft variation, as if it were a draft scheme submitted to the State Government for sanction;
(b) sanction the variation with or without modifications; or
(c) refuse to sanction the variation.
(7) From the date of the notification sanctioning the variation, with or without modifications, such variation shall take effect as if it were incorporated in the scheme.
- Power to vary town planning scheme,-
Notwithstanding anything contained in section 86, a town planning scheme may at any time be varied by a subsequent scheme made, published by means of notice and sanctioned in accordance with this Act:
Provided that, when a scheme is so varied, the provisions of this Chapter shall so far as may be applicable, apply to such variation and making of subsequent scheme and the date of the declaration of intention, of the Planning Authority to vary the scheme shall, for the purposes of sections 69, 70, 97, 98 and 100, be deemed to be the date of declaration of intention to make a scheme referred to in those sections.
- Apportionment of cost of scheme withdrawn or not sanctioned,-
In the event of a town planning scheme being withdrawn or sanction to a final scheme being refused by the State Government, the State Government may direct that the costs of the scheme shall be borne by the Planning Authority or be paid to the Planning Authority by the owners concerned, in such proportion as the State Government may in each case determine.
(E) Proceedings before Arbitrator and Tribunal
- Right to appear by recognised agent,-
Every party to any proceeding before an Arbitrator or the Tribunal of Appeal shall be entitled to appear either in person or by his agent authorized in writing in that behalf.
- Power to compel attendance of witnesses,-
For the purpose of this Act, an officer appointed under sub-section (1) of section 71 or an Arbitrator or the Tribunal of Appeal may summon and enforce the attendance of witnesses including the parties interested or any of them and compel them to give evidence and compel the production of documents by the same means and as far as possible, in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure, 1908 (V of 1908).
(F) Joint Development Plans and Joint Town Planning Schemes
- Joint development plans and joint town planning schemes,-
(1) When the State Government or two or more Planning Authorities are of opinion that the interest of contiguous area within the jurisdiction of such Planning Authorities can best be served by the making of a joint development plan or a joint town planning scheme, the State Government shall after necessary enquiry constitute a Special Planning Authority as provided in section 40.
(2) Such Special Planning Authority, when duly constituted, shall make a declaration of the intention to make a joint development plan or a joint planning scheme in respect of the contiguous areas in the manner provided in section 23 or section 60, as the case may be, and thereafter, the Special Planning Authority shall have all the powers and be liable to all the duties of a Planning Authority under this Act and all the foregoing provisions of this Act in respect of the procedure to be followed in preparing, publishing and submitting a development plan, or as the case may be, a town planning scheme for sanction of the State Government shall apply so far as may be applicable.
(3) The joint development plan or the joint planning scheme shall specify the parts of the joint development plan or the joint town planning scheme to be executed by the several Planning Authorities in the several contiguous areas, and the several parts of the joint development plan or joint town planning scheme shall, when the joint development plan or the joint town planning scheme is sanctioned, by the State Government under section 31 or 86, as the case may be, have effect in the several contiguous areas as if they are separate development plans of town planning schemes:
Provided that, a joint development plan, or a joint town planning scheme may be executed partly or wholly by the two or more Planning Authorities concerned jointly as they may decide in this behalf.
(G) Finance of Schemes
- Cost of scheme,-
(1) The cost of a town planning scheme shall include,-
(a) all sums payable by a Planning Authority under the provisions of this Act
which are not specifically excluded from the costs of the scheme;
(b) all sums spent or estimated to be spent by a Planning Authority in the
making and in the execution of the scheme, the estimates for works
included in the scheme being made on the date the final scheme is drawn
up by the Arbitrator under clause (xviii) of sub-section (3) of section 72;
(c) all sums payable as compensation for land reserved or allotted for any
public purpose or purpose of a Planning Authority which is solely beneficial
to the owners or residents within the area of the scheme;
(d) such portion of the sums payable as compensation for and reserved or
allotted for any public purpose of the Planning Authority which is beneficial
party to the owners or residents within the area of the scheme and partly to
the general public, as is attributable to the benefit accruing to the owners or
residents within the area of the scheme from such reservation or allotment;
(e) all legal expenses incurred by the Planning Authority in the making and
in the execution of the scheme;
(f) the amount by which the total of the values of the original plots exceeds
the total of the values of the plots included in the final scheme, each of such plots being estimated at its market value at the date of declaration of intention to make a scheme, with all the buildings and works thereon at that date and without reference to improvements contemplated in the scheme other than improvements due to the alteration of its boundaries.
(2) If in any case the total of the values of the plots included in the final scheme exceeds the total of the value of the original plots, each of such plots being estimated in the manner provided in clauses (f) of sub-section (1), then the amount of such excess shall be deducted in arriving at the costs of the scheme as defined in sub-section (1).
- Calculation of increment,-
For the purposes of this Act, the increment shall be deemed to be the amount by which at the date of the declaration of intention to make a scheme, the market value of any plot with reference to the improvements contemplated in the scheme on the assumption that the scheme has been completed, would exceed on the same date the market value of the same plot estimated without reference to such improvements;
Provided that, estimating such values, the value of buildings or other works erected or in the course of erection on such plot shall not be taken into consideration.
- Contribution towards cost of scheme,-
(1) The cost of the scheme shall be met wholly or in part by a contribution to be levied by the Planning Authority on each final plot included in the final scheme calculated in proportion to the increment which is estimated to accrue in respect of such plot by the Arbitrator:
Provided that-
(i) no such contribution shall exceed half the increment estimated by the Arbitrator to accrue in respect of such final plot, subject to the condition that where the total cost of a scheme exceeded half the total amount of increments, the proportion of such contribution shall not be less than half the increment;
(ii) no such contribution shall be levied on a plot used, allotted or reserved, for public purposes or purpose of the Planning Authority, such plot being solely for the benefit of the owners or resident within the area of the scheme;
(iii) the contribution levied on a plot used, allotted or reserved for a public purpose or purpose of the Planning Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public shall be calculated in the proportion to the benefit estimated to accrue to the general public from such use, allotment or reservation.
(2) The owner of each final plot included in a final scheme shall be primarily liable for the payment of the contribution leviable in respect of such plot.
- Certain amount to be added to or deducted from contribution leviable from person,-
The amount by which the total value of final plots included in a final scheme with all the buildings and works thereon allotted to the person falls short of or exceeds the total value of the original plots with all the buildings and works thereon of such person shall be deducted from or added to, as the case may be, the contribution leviable from such person, each of such plots being estimated at its market value at the date of the declaration of intention to make a scheme and without reference to improvements contemplated in the scheme other than improvements due to the
alteration of its boundaries.
- Transfer of right from original to reconstituted plot or extinction of such right,-
Any right in an original plot which in the opinion of the Arbitrator is capable of being transferred wholly or in part, without prejudice to the making of a town planning scheme to a final plot shall be so transferred and any right in an original plot which in the opinion of the Arbitrator is not capable of being so transferred shall be extinguished:
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.
(H) Compensation
- Compensation in respect of property or right injuriously affected by scheme,-
The owner of any property or right which is injuriously affected by the making of a town planning scheme shall, subject to provisions of section 101, if he makes a claim before the Arbitrator within sixty days of the receipt of the notice from the Arbitrator, be entitled to obtain compensation in respect thereof from the Planning Authority or from any person benefited or partly from the Planning Authority and partly from such person, as the Arbitrator may in each case determine.
- Exclusion or limitation of compensation in certain cases,-
(1) No compensation shall be payable in respect of any property or private right of any sort which is alleged to be injuriously affected by reason of any provisions contained in the town planning scheme, if under any other law for the time being in force applicable to the area for which such scheme is made, no compensation is payable for such injurious affection.
(2) Property or private right of any sort shall not be deemed to be injuriously affected by reason of any provision inserted in a town planning scheme which with a view to securing the amenity of the area included in such scheme or any part thereof, impose any conditions and restrictions in regard to any of the matters specified in clause (b) of section 64.
- Provision of cases in which amount payable to owner exceeds amount due from him,-
If the owner of an original plot is not provided with a final plot in the final scheme or if the contribution to be levied from him under section 100 is less than the total amount to be deducted therefrom under any of the provisions of this Act, the net amount of his loss shall be payable to him by the Planning Authority in cash or in such other way as may be agreed upon by the parties.
- Provision for case in which value of developed plot is less than amount payable by owner,-
(1) If from any cause the total amount which would be due to a Planning Authority under the provisions of this Act from the owner of a final plot to be included in the final scheme exceeds the value of such plot estimated on the assumption that the scheme has been completed, the Arbitrator shall, at the request of the Planning Authority, direct the owner of such plot to make payment to the Planning Authority of the amount of such excess.
(2) If such owner fails to make such payment within the prescribed period, the Arbitrator shall, if the Planning Authority so requests acquire the original plot of such defaulter and apportion the compensation among the owner and other persons interested in the plot on payment by the Planning Authority of the value of such plot estimated as its market value at the date of the declaration of intention to make a scheme and without reference to improvements contemplated in the scheme; and thereupon, the plot included in the final scheme shall vest absolutely in the Planning Authority free from all encumbrances, but subject to the provisions of this Act:
Provided that, the payment made by the Planning Authority on account of the value of the original plot shall not be included in the costs of the scheme.
- Payment by adjustment of account,-
All payments due to be made to any person by a Planning Authority under this Act shall, as far as possible, be made by an adjustment in such person’s account with the Planning Authority in respect of the final plot concerned or of any other plot in which he has an interest, and failing such adjustment shall be paid in cash or in such other way as may be agreed upon by the parties.
- Payment of net amount due to Planning Authority,-
(1) The net amount payable under the provisions of this Act by the owner of a final plot included in a final scheme may at the option of the contributor be paid in one sum or annual instalments not exceeding ten. If the owner elects to pay the amount by instalments, interest at 6 per cent per annum shall be charged on the net amount payable. If the owner of a plot fails to elect the option on or before the date specified in a notice issued to him in that behalf by the Planning Authority, he shall be deemed to have elected the option of paying contribution by instalments and the interest on the contribution shall be calculated from the date specified in the notice, being the date before which he was required to make election as aforesaid:
Provided that, where an owner elects to pay the amount in one sum but fails to do so, interest at 6 per cent per annum shall be payable by him to the Planning Authority from the date specified in the notice to the date of payment.
(2) Where two or more final plots included in a final scheme are in the same ownership, the net amount payable by such owner under the provisions of this Act shall be distributed over his several final plots in proportion to the increment which is estimated to accrue in respect of each final plots unless the owner and the Planning Authority agree to a different method of distribution.
(I) Miscellaneous
- Power of Planning Authority to make agreement,-
(1) A Planning Authority shall be competent to make any agreement with any person in respect of any matter which is provided for in a town planning scheme subject to the power of the State Government to modify or disallow such agreement and unless it is otherwise expressly provided therein, such agreement shall take effect on and after the day on which the town planning scheme comes into force.
(2) Such agreement shall not in any way affect the duties of the Arbitrator as stated in section 72 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 Arbitrator:
Provided that, if any agreement contains any provisions which are inconsistent with the final scheme as drawn up by the Arbitrator under section 72 or the final scheme as sanctioned by the State Government under section 86 such an agreement shall be void:
Provided further that, if the agreement is modified by the State Government either party shall have the option of avoiding it if it so elects.
- Recovery of arrears,-
(1) Any sum due to a Planning Authority under this Act, rule or any regulation made thereunder shall be a first charge or the plot on which it is due, subject to the prior payment of land revenue if any, due to the Government thereon.
(2) Any sum due to the Planning Authority under this Act, rule or any regulation made thereunder which is not paid on demand on the day on which it becomes due or on the day fixed by the Planning Authority, shall be recoverable by the Planning Authority from the defaulter as if they were arrears of land revenue.
(3) If any question arises whether a sum is due to the Planning Authority within the
meaning of sub-section (2), it shall be referred to a tribunal constituted by the State Government consisting of one or more persons not connected with the Planning Authority or any authority subordinate to it or with the person by whom the sum is alleged to be payable which the tribunal shall, after making such inquiry as it may deem fit and after giving to the person by whom the sum is alleged to be payable, an opportunity of being heard, decide the question; and the decision of
the tribunal thereon shall be final and shall not be called in question in any court or before any authority.
(4) The procedure to be followed by the tribunal in deciding questions referred to it under sub-section (2) shall be such as may be prescribed by the State Government.
- Disposal of surplus amount,-
Where after completing and meeting all the costs of a scheme as provided in this Act, any amount from the sums paid to the Planning Authority under this Act, remains as surplus, the Planning Authority shall, in consultation with the owners of the plots, spend such surplus amount for providing further amenities within the area of the scheme.
- Execution of works in final scheme by Planning Authority,-
(1) A Planning Authority shall complete all the works provided in a final scheme within the period prescribed in final scheme by the Arbitrator under clause (xvii) of sub-section (3) of section 72:
Provided that, in exceptional circumstances on application by the Planning Authority, the State Government may by an order in writing specifying those circumstances grant to the Planning Authority in this behalf further extension of time as it may think fit.
(2) If the Planning Authority fails to complete the work within the prescribed period or within the period extended under sub-section (1), the State Government may, notwithstanding anything contained in sub-section (1), require the Planning Authority to complete the works within a further period as it may consider reasonable or appoint an officer to complete such works at the cost of the Planning Authority in the manner provided by sub-section (2) of section 162 of this Act.
- Penalty for removal of boundary stones,-
Whoever wilfully destroys or injures or without lawful authority removes, a boundary stone or mark lawfully fixed or constructed, the Collector, on receipt of the intimation from the Arbitrator or the Planning Authority, may order such person to pay a fine, not exceeding twenty rupees for each stone or mark so destroyed, injured or removed as it may in his opinion be necessary to defray the expenses of restoring the same.
Chapter VI
New Towns
- Designation of site for new town,-
(1) If the State Government is satisfied that it is expedient in the public interest that any area should be developed as a site for a new town as reserved or designated in any draft or final Regional Plan it may, by notification in the Official Gazette, designate that area as the site for the proposed new town. The new town shall be known by the name specified in the notification.
(2) After publication of the notification under sub-section (1) for the purpose of acquiring, developing and disposing of land in the area of a new town, the State Government shall by another notification in the Official Gazette constitute a New Town Development Authority. The New Town Development Authority shall consist of a Chairman, a Vice-Chairman, two members representing the local authorities functioning in the Region and such numbers of other members not exceeding seven as in the opinion of State Government have special knowledge or practical experience in matters relating to town and country planning, an officer to be called the Town Planning Officer and Chief Executive Officer. The Chairman and the Vice-Chairman and all other members shall be appointed by the State Government.
(3) The Chief Executive Officer shall be the Secretary of the Development Authority constituted under sub-section (2).
(3A) Having regard to the complexity and magnitude of the work involved in developing any area as a site for the new town, the time required for setting up new machinery for undertaking and completing such work of development, and the comparative speed with which such work can be undertaken and completed in the public interest, if the work is done through the agency of a corporation including a company owned or controlled by the State as a new town, the State Government may, notwithstanding anything contained in sub-section (2), require the work of
developing and disposing of land in the area of a new town to be done by any such corporation, company or subsidiary company aforesaid, as an agent of the State Government; and thereupon, such corporation or company shall, in relation to such area, be declared by the State Government, by notification in the Official Gazette, to be the New Town Development Authority for that area.
(4) Every Development Authority shall be a body corporate with perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and contract and sue or be sued by such name as may be specified in the notification under sub-section (2).
(5) On the constitution of, or on the declaration of any corporation or company as a
Development Authority for any new town, the local authority or authorities functioning, within the area designated under this Act as a site for the new town, immediately before such constitution or declaration shall cease to exercise the powers and perform the functions and duties which the said Development Authority is competent to exercise and perform under this Act.
(6) The provisions of sections 5, 6, 7, 8, 9, 10 and 11 shall apply mutatis mutandis to a Development Authority constituted under sub-section (2) as they apply in relation to a Regional Board.
(7) The Development Authority shall have its office at such place as the State Government may appoint in this behalf.
(8) A Development Authority shall have all the powers and shall carry out all the duties of a Planning Authority under this Act including all powers and duties under Chapters III and IV and also under other provisions of this Act as may be relevant for carrying out of its objects and all the provisions in respect of procedure under this Act shall apply so far as may be necessary in this behalf.
113A. Power of State Government to acquire land for Corporation or Company declared to be New Town Development Authority,-
Notwithstanding anything contained in this Act, or in any law for the time being in force, where any corporation or company is declared to be the New Town Development Authority under sub-section (3A) of section 113, the State Government shall acquire either by agreement or under the Land Acquisition Act, 1894 (I of 1894) (and such acquisition may have been commenced before the coming into force of this section) any land within the area designed under this Act, as the site of the new town, any land adjacent to that area which is required for the purposes connected with the development of the new town, and any land whether adjacent to that area or not, which is required for the provisions of services or amenities for the purposes of the new town; and vest such land in such Authority for the purposes of this Chapter by an order duly made in that behalf.
- Objects of Development Authority,-
(1) The objects of a Development Authority shall be to secure the laying out and development of the new town in accordance with proposals approved in that behalf under the provisions of this Act, and for that purpose every such Authority shall subject to the provisions of Section 113A have power to acquire, hold, manage and dispose of land and other property, to carry out building and other operations, to provide water, electricity, gas, sewerage and other services, amenities and facilities and generally to do anything necessary or expedient for the purpose of the new town or for purposes incidental thereto.
(2) Without prejudice to any provision of this Act requiring the consent of the State
Government to be obtained for anything to be done by a Development Authority, the State Government may give directions to any such Development Authority for restricting the exercise by it of any of its powers under this Act, or for requiring it to exercise those powers in any manner specified in the directions:
Provided that-
(a) before giving any such directions the State Government (shall consult with the Chairman, or if the Chairman is not available, with the Vice-Chairman, of the Development Authority constituted under sub section (2) of section 113, or as the case may be, with the officer or officers of the Development Authority declared under sub-section (3A) of that section who is or are duly authorised by such Authority unless the State Government is satisfied that, on account of urgency, such consultation is impracticable; and
(b) any transaction between any person and any such Development Authority acting in the purported exercise of their powers, under this Act shall not be void by reason only that it was carried out in contravention of such directions, unless that person had actual notice of the directions.
(3) For the avoidance of doubt, it is hereby declared that the provision of sub- section (1) with respect to the powers of Development Authorities relate only to their capacity as statutory corporation; and nothing in this section shall be construed as authorising the disregard by a Development Authority of any enactment or rule of law.
- Planning and control of development in new towns,-
Without prejudice to the provisions of sub-section (8) of section 113, the Development Authority shall from time to time submit to the State Government in accordance with any directions that may be given by the State Government in that behalf its proposals for the development of land within the area designated under this Act as the site of the new town, and the State Government, after consultation with the Director of Town Planning, may approve any such proposals either with or without modification.
- Acquisition of land by Development Authority constituted under section 113(2),-
A Development Authority constituted under sub-section (2) of section 113 shall have all the powers of a Planning Authority under this Act as provided in Chapter VII for the purpose of acquisition either by agreement or under the Land Acquisition Act, 1894 (I of 1894) of-
(a) any land within the area designated under this Act as the site of the new town;
(b) any land adjacent to that area which is required for purposes connected with the development of the new town; and
(c) any land whether adjacent to that area or not which is required for provision of services of amenities for the purposes of the new town.
- Obligation to purchase designated land,-
Where any land within the area designated by a notification under section 113 of this Act as the site of the new towns has not been acquired by the State Government or a Development Authority constituted under sub-section (2) of section 113 within a period of ten years from the date of the notification, any owner of the land may by notice in writing served on the State Government or the Development Authority require it to acquire his interest therein; and thereupon, the provisions of section 127 providing for lapsing of reservations shall apply in relation to such land as they apply in relation to land reserved under any plan under this Act.
- Disposal of land by Development Authority,-
(1) Subject to any directions given by the State Government under this Act, a Development Authority may dispose of any land acquired by it or vesting in it to such persons, in such manner, and subject to such terms and conditions as
they consider expedient for securing the development of the new town in accordance with proposals approved by the State Government under this Act:
Provided that, a Development Authority shall not have power, except with the consent of the State Government, to sell any land or to grant a lease of any land for a term of more than ninety-nine years, and the State Government shall not consent to any such disposal of land unless it is satisfied that there are exceptional circumstances which render the disposal of the land in that manner expedient.
(2) The powers of a Development Authority with respect to the disposal of land acquired for it for the purposes of this Act shall be so exercised as to secure, so far as practicable, that persons who were living or carrying on business, or other activities on land so acquired shall, if they desire to obtain a plot or accommodation on land belonging to, or vesting in the Development Authority and are willing to comply with any requirements of the Development Authority as to its development and use, have an opportunity to obtain a plot or accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them.
(3) Nothing in this Act shall be constructed as enabling a Development Authority to dispose of land by way of gift, mortgage or charge, but subject as aforesaid, references in this Act to the disposal of land shall be construed as reference to the disposal thereof in any manner, whether by way of sale, exchange or lease by the creation of any easement, right or privilege or otherwise.
- Directions by State Government for disposal of land,-
The State Government may give to any Development Authority such directions with respect to the disposal of land acquired by the Authority or vested in it under this Act and with respect to the development by that Authority of such land, as appear to the State Government to be necessary or expedient for securing so far as practicable, the preservation of any features or objects of special architectural or historic interest.
- Power to make agreement for provision of service,-
A Development Authority may make any agreement or enter into any contract with any local authority, Planning Authority or statutory body in order to secure the provision of services, such as water supply, drainage, including sewerage, electricity, gas within the area of the new town, subject to the power of the State Government to modify or disallow such agreement or contract.
- Contributions by Development Authority towards expenditure of local authorities and statutory authority,-
Without prejudice to the generality of the powers conferred on a Development Authority under this Chapter, any Development Authority may, with the consent of
the State Government contribute such sums as the State Government may determine towards expenditure incurred or to be incurred by any local authority, Planning Authority or statutory body in the performance, in relation to the new town, of any of their statutory functions, including expenditure so incurred in the acquisition of land.
- Advances and payments by State Government to Development Authorities,-
(1) For the purpose of enabling a Development Authority constituted under sub-section (2) of section 113 to defray expenditure properly chargeable to capital account including the provisions of working capital, the State Government may after due appropriation made by the State Legislature by law in this behalf make advances to the Development Authority repayable over such periods and on such terms as may be approved by the State Government.
(2) For the purpose of enabling such Development Authority to defray any other
expenditure, the State Government may, after due appropriation made by the State Legislature by law in this behalf, make grants to the Development Authority of such amounts it may decide in this behalf.
(3) All sums received by the State Government by way of interest on an advance made to a Development Authority under sub-section (1) and all sums received by way of repayment of the principal of such an advance shall be paid into the Consolidated Fund of the State; and the State Government shall lay before each House of the Legislature of the State a statement of any sums due from a Development Authority by way of interest on or repayment of any such advances which are not duly paid to the State Government in accordance with the terms approved under sub-section (1).
(4) It shall be a condition of the making of advances to a Development Authority under this section that the plans or proposals for development submitted to the State Government under this Act shall be approved by the State Government as being likely to secure for the Development Authority an overall return which is reasonable, having regard to all the circumstances, when compared with the cost of carrying out those proposals.
(5) The provisions of Chapter VIII in regard to budget, accounts and audit shall except as provided in that Chapter apply to every Development Authority.
(6) Every Development Authority shall provide the State Government with such information relating to the undertaking of the Authority as the State Government may from time to time require, and for that purpose shall permit any person authorised by the State Government in that behalf to inspect and make copies of the accounts, books, documents or papers of the Development Authority and shall afford such explanation thereof as that person or the State Government may reasonably require.
122A. Power of Development Authority to borrow and to accept deposits,-
(1) Without prejudice to the provisions of section 122, a Development Authority constituted under sub-section (2) of section 113 may,-
(a) subject to such conditions as may be determined in this behalf by the Government, borrow money in the open market or otherwise with a view to provide itself with adequate resources;
(b) accept deposits on such conditions as it deems fit from persons to whom allotment or sale of land or building or any structure is made, or is likely to be made, in furtherance of the objects of this Chapter.
(2) All moneys borrowed under sub-section (1) may be guaranteed by the State Government as to the repayment of principal and interest at such rates and on such conditions as the State Government may determine at the time the moneys are borrowed.
- Transfer of undertaking of Development authority,-
(1) Without, prejudice to the power of a Development Authority under this Act to dispose of any of their property, a Development Authority may by an agreement made with any local authority or Planning Authority and approved by the State Government transfer to that local authority or Planning Authority any part of the property of the Development Authority upon such terms as may be prescribed by the agreement:
Provided that, before approving such agreement, the State Government shall publish in the Official Gazette and in one or more local newspapers a notice stating that the agreement has been submitted for approval, and describing the general effect of the agreement.
(2) If the State Government is satisfied that it is expedient, having regard to any agreement made or proposed to be made under sub-section (1) that the liability of the Development Authority in respect of advances made to it under this Act should be reduced, the State Government may, by an order reduce that liability to such extent as may be specified in the order.
(3) The payment of any sums payable by a local authority or Planning Authority for the purpose of an agreement under this section shall be a purpose, for which that authority may, notwithstanding anything in any law constituting such authority, borrow money.
- Combination and transfer of Development Authority,-
(1) If it appears to the State Government, in the case of any area designated under this Act as the site of a new town, that there are exceptional circumstances which render it expedient that the functions of a Development Authority under this Act should be performed by the Development Authority established for the purpose of any other new town, instead of by a separate Development Authority by order, direct that the said functions shall be performed by the Development Authority established for the said other new town.
(2) If it appears to the State Government that there are exceptional circumstances which render it expedient that the functions of a Development Authority established for the purposes of a new town should be transferred to the Development Authority established for the purposes of any other new town, or to a new Development Authority to be established for the purposes of the first mentioned new town it may by order provide for the dissolution of the first mentioned Development Authority and for the transfer of its functions, property, rights and liabilities to the Development Authority established for the purposes of the said other new town or, as the case may be, to a new Development Authority established for the purposes of the first mentioned new town by the order.
(3) Without prejudice to the provisions of this Act with respect to the variation of orders made thereunder, an order under this section, providing for the exercise of functions in relation to purposes of another new town, or for the transfer of such functions to such a Development Authority, may modify the name and constitution of that Development Authority in such a manner as appears to the State Government to be expedient, and for the purposes of this Act that Development Authority shall be deemed to have been established for the purposes of each of those new towns.
(4) Before making an order under this section providing for the transfer of functions from or to a Development Authority or for of any functions to such a Development Authority, the State Government shall consult with that Development Authority.
Chapter VI-A
Levy, Assessment and Recovery of Development Charge
124A. Levy of Development Charge,-
(1) Subject to the provisions of this Act, the Planning Authority or the Development Authority (hereinafter in this Chapter collectively referred to as “the Authority”), shall levy within the area of its jurisdiction development charge on the institution of use or change of use of any land or building, or development of any land or building, for which permission is required under this Act, at the rates specified by or under provisions of this Chapter:
Provided that, where land appurtenant to a building is used for any purpose independent of the building, development charge may be levied separately for the building and the land.
(2) The development charge shall be leviable on any person who institutes or changes the use of any land or undertakes or carries out any development:
Provided that,-
(i) no such development charge shall be leviable under the provisions of this Chapter in respect of use or change of use of any land or building, or development of any land or building or both, for which a development permission has had already been granted or deemed to have been, granted by the Planning Authority or the Development Authority either by way of commencement certificate or by way of any other mode of permission for development granted under this Act or any other law for the time being in force or by way of approval subject to condition in the form of a written notice (Intimation of Disapproval) by the Commissioner under section 346 of the Bombay Municipal Corporation Act (Bom. III of 1888), before the 10th day of August 1992, being the date of commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 1992 (Mah, XVI of 1992) (hereinafter in this section referred to as “the said date”), irrespective of whether or not the institution of use or change of use or actual development work of land or building or both, has been effected or commenced or completed,
as the case may be, and whether or not the completion certificate for any such use, change of use or development is granted by the Planning Authority or Development Authority, before the said date:
(ii) whether the development permission for land development, including permission for sub-division of a land, land development or land reclamation, not involving any building or construction operations has had already been granted by the Planning Authority or the Development Authority before the said date, no development charge in respect of such land shall be leviable for the land development activities, irrespective of whether or not development of such land (not involving any building or construction operations) has actually been commenced or completed before the said date. However, if at a later date, a permission for construction operation is granted, the development charge in respect of such land shall be leviable only for the building or construction activities:
Provided further that, nothing in this Chapter shall apply to demolition of any existing building, structure or erection, or part of such building, structure or erection.
124B. Classification of user of lands and buildings, rates of development charge and procedure for levy thereof:-
(1)(a) For the purposes of assessing the development charge, the user of land and building shall be classified under the following categories, namely:-
(i) Industrial;
(ii) Commercial;
(iii) Residential;
(iv) Institutional.
(b) In classifying the user of land and building under any of the categories mentioned in clause (a), the predominant purpose for which such land and building is used shall be the basis for such classification.
(2) On and from the date of commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 2010 (Mah. XXXIV of 2010), development charge shall be levied and collected by the Authority at the rates specified in column 4 of the Second Schedule; and the Authority may, subject to the other provisions of this Chapter, enhance, from time to time, the rate specified in column (4) of the Second Schedule and levy the development charge at such enhanced rate:
Provided that, the Authority may, subject to the other provisions of this Chapter, reduce, from time to time, the enhanced rate and levy development charge at such reduced rate, so however that in no case the rate shall be reduced below the minimum rate specified in column 4 of the Second Schedule.
(2A) Notwithstanding anything contained in sub-section (1), when the Maharashtra
Industrial Development Corporation is the Special Planning Authority deemed to have been appointed as such under sub-section (1A) of section 40, for a notified area under its jurisdiction as provided in the said sub-section (1A), it shall be lawful for such Planning Authority to levy within such notified area, the development charges at such rate which may be lower than the rates specified by or under the provisions of this Chapter, as it may fix, from time to time.
(3) The Authority, before enhancing or reducing the rate and levying the development charge at such rate shall observe the following preliminary procedure, namely: –
(a) the Authority shall, by a resolution passed at a special meeting, approve the regulations prescribing the rates of the development charge proposed to be levied by it;
(b) when such a resolution is passed, the Authority shall take further action to obtain the previous sanction of the State Government to the regulations.
124C. Development charge to be brought into force as specified by Government,-
After the regulations in respect of development charge as sanctioned by the State Government under section 124B, such development charge shall be brought into force on or after the date to be specified by the State Government in its sanction.
124D. Local publication of notification relating to development charge with notice,-
(1) The regulations referred to in sections 124B and 124C, as sanctioned and published in the Official Gazette, shall be displayed by the Authority on notice board in its office. The Authority shall also publish a notice in a local newspaper, informing the inhabitants of the area within its jurisdiction, of the subject matter of the regulations so displayed and the date on which they shall come into force.
(2) When the rates at which the development charge is leviable are enhanced or reduced under sub-section (2) of section 124B, it shall not be necessary to give any separate notice thereof to the owners or occupiers of the lands or buildings affected thereby.
124E. Assessment and recovery of development charge,-
(1) Any person who, after the commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 1992 (Mah. 16 of 1992), intends to carry out any development or institute or change any use of any land or building for which permission is required under this Act, whether he has applied for such permission or not, or who has commenced carrying out any such development or has carried out such development or instituted or changed any such use, shall apply to the Authority within such time and in such manner as may be prescribed, for the assessment of development charge payable in respect thereof.
(2) The Authority shall, on such application being made or if no such application is made, by a person instituting or changing any use of any land or building, then after serving a notice in writing on the person liable to such payment and after calling for a report in this behalf from the concerned officer of the Authority, after taking into consideration the report aforesaid, determine whether or not and if so, what development charge is leviable in respect of that development or, institution of use or change of use, and after giving the person concerned an opportunity to be heard, shall then assess the amount of development charge payable by such person and give to such person a notice in writing of such assessment:
Provided that,-
(a) where permission under this Act has not been granted for carrying out the said development, the Authority may postpone the assessment of the development charge;
(b) where the application relates to the carrying out of any development, the Authority may refuse to assess the amount of development charge payable by such person concerned unless it is satisfied that the applicant has an interest in the land or building sufficient to enable him to carry out such development or that the applicant is able to acquire such interest and that the applicant shall carry out the development within such period as the Authority may determine.
(3) The amount of Development charge as shown in the notice of assessment shall be paid within thirty days of the date of receipt thereof by such person and where the amount has not been so paid or has been partly paid an interest at the rate of eighteen per cent per annum upon any amount outstanding shall be payable from the date immediately following the date on which the period of thirty days as aforesaid expires till the date of payment of such amount.
(4) The Authority shall, in regard to the area lying within its jurisdiction, collect all
development charges due under this Act in respect of any development in that area.
(5)(a) The development charge together with interest, if any, payable in respect of any land or building shall, subject to the provisions of sub-section (6), be the first charge on such land or building, subject to the prior payment of land revenue, if any, due to the Government thereon.
(b) The development charge payable in respect of any land or building by any person shall, together with interest due upto the date of realisation, be recoverable from such person or his successor-in interest in such land or building, as arrear of land revenue.
(6) Notwithstanding anything contained in sub-section (5), where a promoter as defined in clause (c) of section 2 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (Man. XLV of 1963), intends to carry out any development or institute or change any use of any land or building, the liability to pay the development charge in respect of any such land or building and interest, if any, shall be that of such promoter; and any amount of such development charge and interest remaining outstanding shall, without prejudice to any other mode of recovery there of available against such promoter, be the first charge on any other property which he owns or in which he has a right, title or interest (in which case such charge shall be limited to the extent of his such right title or interest), subject to the prior payment of land revenue, if any, due to Government thereon.
124F. Exemptions,-
(1) No development charge shall, be levied on institution of use or of change of use, or development of, any land or building vested in or under the control or possession of the Central or State Government or of any local authority.
(2) Subject to such conditions as it may impose, the State Government may, by notification in the Official Gazette, exempt partially from the payment of development charge payable on the development of any land or building by any educational institution, medical institution or charitable institution.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the State Government may, by notification in the Official Gazette and subject to such terms and conditions as may be specified therein, exempt partially a Special Township Project undertaken by a private developer under the Special Development Control Regulations made under the provisions of this Act, from payment of the development charges.
124G. Appeal,-
(1) Any person aggrieved by an order passed by the Authority under section 124E may prefer an appeal to the State Government or to such an officer as may be appointed by the State Government in this behalf, being an officer not below the rank of Deputy Secretary to Government; and such appeal shall be made in such manner and accompanied by such fees, as may be prescribed.
(2) The State Government or the officer so appointed may, after giving a reasonable opportunity to the appellant and the Authority, of being heard, by an order confirm, reduce, enhance or annul the assessment.
(3) Where the assessment is annulled or set aside in an appeal, the State Government or such officer deciding the appeal may direct Authority to make a fresh assessment after such further enquiry as may be directed.
(4) Every order passed in appeal under this section shall be final and shall not be
questioned in any suit or other legal proceedings.
124H. Procedure for filing appeal,-
No appeal under section 124G shall be entertained unless,-
(a) the appeal is brought within forty-five days next after the receipt of notice of assessment under sub-section (2) of section 124E by the person concerned:
Provided that, the State Government or the officer so appointed may, admit an appeal preferred after the expiration of the forty-five days as aforesaid if, the Government or such officer is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
(b) the amount claimed in the notice of assessment from the appellant together with the amount of interest, if any due thereon, has been deposited by him in the office of the Authority.
124I. Interest on amount of enhanced assessment or of refund,-
If, as a result of an order passed in appeal under section 124G, the assessment is enhanced and any amount of difference is required to be recovered from the appellant or any amount from out of the amount paid under clause (b) of section 124H is required to be refunded to the appellant, an interest at the rate of eighteen per cent per annum shall be payable,-
(a) in the case of amount to be so recovered, from the date of the notice of original assessment till the date of recovery thereof; and
(b) in the case of amount to be so refunded, from the date on which the amount was paid under clause (b) of section 124H till the date of refund thereof.
124J. Development Fund,-
(1) There shall be established and set apart a separate fund to be called “the Development Fund” and an Authority shall separately show the same in its budget.
(2) All moneys received by the authority as development charge together with interest thereof, if any, under this Chapter shall be credited to the Development Fund.
(3) The moneys credited, from time to time, to the said Fund shall be applied only for the purposes of providing public amenities in the area and maintenance and improvement of the area under the jurisdiction of the said Authority.
(4) Surplus moneys at the credit of the said Fund, which cannot immediately or at an early date be applied for the purposes aforesaid, shall, from time to time, be deposited by the Authority in the bank.
Explanation.- For the purposes of this sub-section, the expression “bank” means,-
(i) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955);
(ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);
(iii) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or under section 3 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 (40 of 1980);
(iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934), or being such a bank as may be approved by the State Government.
124K. Stoppage of work of development and penalty,-
(1) Where any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes, or changes the use of any land or building without the payment of development charge payable under this Chapter, the Authority may serve on such person a notice requiring to stop the development work or the change of any such land or building and from the time of the service of such notice, such person shall discontinue such development or change of use of such land or building.
(2) The notice issued under sub-section (1) and served upon such person may require,-
(a) the demolition of the development work, if any carried out, within the time specified in such notice, and
(b) the discontinuance of any further development or change of use of such land or building.
(3) Any person, who continues to carry out the development or change of use of any such land or building, whether for himself or on behalf of the owner or any other person, after such notice has been served upon him, shall, on conviction, be punished with imprisonment for a term which shall not be less than three months, but which may extend to three years and with fine which shall not be less than one thousand rupees, but which may extend to five thousand rupees; and when the non-compliance with notice is a continuing one, with further fine which may extend to hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues.
(4) On the failure of such person to demolish the work of development, if any as required under such notice, the Authority may itself demolish such development and any expenses incurred by the Authority for doing so shall be recoverable from such person as arrear of land revenue.
124L. Chapter to have overriding effect, but shall be in addition, to existing local authority laws,-
(1) The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in this Act or any other law for the time being in force.
(2) Subject to the provisions of sub-section (1), the provisions of this Chapter shall be in addition to, and not in derogation of, any other provisions of this Act or any law relating to municipal corporation, municipal council or other local authority of any urban area.
Chapter VII
Land Acquisition
- Compulsory acquisition of land needed for purposes of Regional Plan, Development plan or town planning scheme, etc,-
Any land required, reserved or designated in a Regional plan, Development plan or town planning scheme for a public purpose or purposes including plans for any area of comprehensive development or for any new town shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894 (I of 1894).
- Acquisition of land required for public purposes specified in plans,-
(1) When after the publication of a draft Regional Plan, a Development or any other plan or town planning scheme, any land is required or reserved for any of the public purposes specified in any plan or scheme under this Act at any time the Planning Authority, Development Authority, or as the case may be, any Appropriate Authority may, except as otherwise provided in section 113A acquire the land,-
(a) by an agreement by paying an amount agreed to, or
(b) in lieu of any such amount, by granting the land-owner or the lessee, subject, however, to the lessee paying the lessor or depositing with the Planning Authority, Development Authority or Appropriate Authority, as the case may be, for payment to the lessor, an amount equivalent to the value of the lessor’s interest to be determined by any of the said Authorities concerned on the basis of the principles laid down in the Land Acquisition Act, 1894 (I of 1894), Floor Space Index (FSI) or Transferable Development Rights (TDR) against the area of land surrendered free of cost and free from all encumbrances, and also further additional Floor Space Index or Transferable Development Rights against the development or construction of the amenity on the surrendered land at his cost, as the Final Development Control Regulations prepared in this behalf provide, or
(c) by making an application to the State Government for acquiring such land under the Land Acquisition Act, 1894 (I of 1894),
and the land (together with the amenity, if any, so developed or constructed) so acquired by agreement or by grant of Floor Space Index or additional Floor Space Index or Transferable Development Rights under this section or under the Land Acquisition Act, 1894 (I of 1894), as the case may be, shall vest absolutely free from all encumbrances in the Planning Authority, Development Authority, or as the case may be, any Appropriate Authority.
(2) On receipt of such application, if the State Government is satisfied that the land
specified in the application is needed for the public purpose therein specified, or if the State Government (except in cases falling under section 49 and except as provided in section 113A) itself is of opinion that any land in any such plan is needed for any public purpose, it may make a declaration to that effect in the Official Gazette, in the manner provided in section 6 of the Land Acquisition Act, 1894 (1 of 1894), in respect of the said land. The declaration so published shall,
notwithstanding anything contained in the said Act, be deemed to be a declaration duly made under the said section:
Provided that, subject to the provisions of sub-section (4), no such declaration shall be made after the expiry of one year from the date of publication of the draft Regional Plan, Development Plan or any other Plan, or Scheme, as the case may be.
(3) On publication of a declaration under the said section 6, the Collector shall proceed to take order for the acquisition of the land under the said Act; and the provisions of that Act shall apply to the acquisition of the said land, with the modification that the market value of the land shall be,-
(i) where the land is to be acquired for the purposes of a new town, the market value prevailing on the date of publication of the notification constituting or declaring the Development Authority for such town;
(ii) where the land is acquired for the purposes of a Special Planning Authority, the market value prevailing on the date of publication of the notification of the area as an undeveloped area; and
(iii) in any other case the market value on the date of publication of the interim development plan, the draft development plan, or the plan for area or areas for comprehensive development, whichever is earlier, or as the case may be, the date or publication of the draft town planning scheme:
Provided that, nothing in this sub-section shall affect the date for the purposes of determining the market value of land in respect of which proceedings for acquisition commenced before the commencement of the Maharashtra Regional and Town Planning (Second Amendment) Act, 1972 (Mah. XI of 1973):
Provided further that, for the purpose of clause (ii) of this sub-section, the market value in respect of land included in any undeveloped area notified under sub-section (1) of section 40 prior to the commencement of the Maharashtra Regional and Town Planning (Second Amendment) Act, 1972 (Mah. XI of 1973), shall be the market value prevailing on the date of such commencement.
(4) Notwithstanding anything contained in the proviso to sub-section (2) and in sub-section (3), if a declaration is not made within the period referred to in sub-section (2) or having been made, the aforesaid period expired at the commencement of the Maharashtra Regional Town Planning (Amendment) Act, 1993 (Mah. X of 1994), the State Government may make a fresh declaration for acquiring the land under the Land Acquisition Act, 1894 (I of 1894), in the manner provided by sub-sections (2) and (3) of this section, subject to the modification that the market value of the land shall be the market value at the date of declaration in the Official Gazette made for acquiring the land afresh.
- Lapsing of reservation,-
If any land reserved, allotted or designated for any purpose specified in any plan under this Act is not acquired by agreement within ten years from the date on which a final Regional plan, or final Development plan comes into force or if a declaration under sub-section (2) or (4) of section 126 is not published in the official Gazette within such period, the owner or any person interested in the land may serve notice, alongwith the documents showing his title or interest in the said land, on the Planning Authority, the Development Authority or, as the case may be, the Appropriate Authority to that effect; and if within twelve months from the date of the service of such notice, the land is not acquired or no steps as aforesaid are commenced for its acquisition, the reservation, allotment or designation shall be deemed to have lapsed, and thereupon, the land shall be deemed to be released from such reservation, allotment or designation and shall become available to the owner for the purpose of development as otherwise, permissible in the case of adjacent land under the relevant plan.
- Power of State Government to acquire lands for purpose other than the one for which it is designated in any plan or scheme,-
(1) Where any land is included in any plan or scheme as being reserved allotted or designated for any purpose therein specified or for the purpose of Planning Authority or Development Authority or Appropriate Authority and the State Government is satisfied that the same land is needed for a purpose different from any such public purpose or purpose of the Planning Authority, Development Authority or Appropriate Authority, the State Government may, notwithstanding anything contained in, this Act, acquire such land under the provisions of the Land Acquisition Act, 1894 (I of 1894).
(1A) Save as otherwise provided in this Act or any other law for the time being in force, where any land included in any plan or scheme as being reserved, allotted or designated for any purpose therein specified or for the purposes of a Planning Authority or Development Authority or Appropriate Authority, is being acquired by the State Government under the provisions of the Maharashtra Industrial Development Act, 1961 (Mah. III of 1962), for the Maharashtra Industrial Development Corporation (being the Special Planning Authority deemed to have been appointed as such under sub-section (1A) of section 40), the provisions of sub-sections (2) and (3) of this section shall mutatis mutandis, apply to such acquisition proceedings.
(2) In the proceedings under the Land Acquisition Act, 1894 (I of 1894), the Planning Authority, or Development Authority or Appropriate Authority, as the case may be, shall be deemed to be a person interested in the land acquired; and in determining the amount of compensation to be awarded, the market value of the land shall be assessed as if the land had been released from the reservation, allotment or designation made in any plan or scheme or new town, as the case may be, and the Collector or the Court shall take into consideration the damage, if any, that Planning Authority or Development Authority or Appropriate Authority, as the case may be, may sustain by reason of acquisition of such land under the Land Acquisition Act, 1894 (I of 1894), or otherwise, and the proportionate cost of the Development plan or town planning scheme or new town, if any, incurred by such Authority and rendered abortive by reason of such acquisition.
(3) On the land vesting in the State Government under section 16 or 17 of the Land Acquisition Act, 1894 (I of 1894), as the case may be, the relevant plan or scheme shall be deemed to be suitably varied by reason of acquisition of the said land.
- Possession of land in case of urgency,-
(1) At any time after the publication of a notification under sub-section (2) of section 126, where the State Government, on an application of the Planning Authority, Development Authority or Appropriate Authority, is satisfied that the
possession of any land which is reserved or designated for a public purpose either under a Regional plan or Development plan urgently required in the public interest by the Authority, the State Government may, by an order in writing authorise the, Collector to enter on and take possession of the land under acquisition after giving a notice of fifteen days; and thereupon, the right of interest in that land shall be extinguished from the date specified in the order; and on the date on which possession is taken, the land shall vest without any further assurance and free from encumbrances in the State Government:
Provided that, before or at the time of taking possession of any land under this sub-section, the Collector shall offer to the person interested compensation for the standing crops and trees, if any, on such land; and for any damage sustained by him which is caused by such sudden dispossession and not excepted in section 24 of the Land Acquisition Act, 1894 (I of 1894), and if such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed in awarding compensation for the land under the provisions of the said Act.
(2) Where possession of land is taken under sub-section (1), the Planning Authority, the Development Authority or as the case may be, Appropriate Authority, shall subject to the provisions of sub-section (1), pay to the owner concerned interest at 4 per cent per annum on the amount of compensation from the date of taking possession of the land under acquisition to the date of payment.
(3) Where possession of land is taken under sub-section (1), the Planning Authority or Development Authority, or as the case may be, the Appropriate Authority at the request of the person interested, pay an advance not exceeding two-thirds of the amount estimated to be payable to such person on account of the land after executing an agreement in that behalf under section 157.
Chapter VIII
Finance, Account and Audit
- Funds,-
(1) Every Regional Board, Special Planning Authority (other than a Special Planning Authority appointed under clause (b) of sub-section (1) of section 40) or Development Authority constituted under sub-section (2) of section 113 shall have and maintain its own fund to which shall be credited-
(a) all moneys received by such Board or Authority from the State Government by way of grants, loans, advance or otherwise;
(b) all fees or charges received by such Board or Authority under this Act or Rules or Regulations thereunder;
(c) all moneys from any other sources.
(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 area of the authority concerned incurred for purposes of development;
(c) the expenditure for any development of land in the area of the Authority concerned undertaken by such Authority; and
(d) the expenditure for such other purposes as the State Government may direct.
(3) Every Regional Board, Special Planning Authority (other than a Special Planning Authority appointed under clause (b) of sub-section (1) of section 40) or Development Authority constituted under sub-section (1) of section 113 may keep in current account in the Reserve Bank of India or the State Bank of India or any other Bank approved by the State Government in this behalf, such sums of money out of its funds as may be prescribed by the rules and any money in excess of the said sum shall be invested in such manner as may be approved by the State Government.
(4) The State Government may, after due appropriation made by the legislature of the State by law in this behalf, make such grants, advances and loans to the Board or the Authority concerned as it may deem necessary for the performance of the functions under this Act; and all grants, loans and advances so made shall be on such terms and conditions as the State Government may determine.
- Budget,-
Every Regional Board, Special Planning Authority (other than a Special Planning
Authority appointed under clause (b) of sub-section (1) of section 40) or Development Authority constituted under sub-section (2) of section 113 shall prepare in such form and at such time every year as may be prescribed by rules, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of such Board or Authority and shall forward to the State Government such number of copies thereof as may be prescribed by rules.
- Accounts and audit of Regional Board,-
(1) Every Regional Board shall maintain proper accounts and other relevant records and prepare annual statement of accounts including the balance sheet in such form as the State Government may by rules prescribe.
(2) The accounts of every Regional Board shall be subject to audit annually by the Chief Auditor, Local Fund Accounts of the State; and any expenditure incurred by him in connection with such audit shall be payable by the Board to the Chief Auditor.
(3) The Chief Auditor or any person appointed by him in connection with the audit of accounts of the Board shall have the same right, privilege and authority in connection with such audit as the Chief Auditor has in connection with the accounts of local authorities; and in particular, shall have the right to demand the production of books of accounts, connected vouchers and other documents and paper and to inspect the office of the Board.
(4) The accounts of every Regional Board as certified by the Chief Auditor or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the State Government.
132A. Accounts and audit of Special Planning Authority and Development Authority,-
(1) Every Special Planning Authority other than a Special Planning Authority appointed under clause (b) of sub-section (1) of section 40 and Development Authority constituted under sub-section (2) of section 113 (hereinafter in this section collectively referred to as “the said Authorities”) shall maintain books of accounts and other books in relation to its functioning under this Act in such form and in such manner as the State Government may by rules prescribe.
(2) The accounts of the said Authorities shall be audited by an auditor appointed by the State Government in consultation with the Comptroller and Auditor-General of India.
(3) As soon as the accounts of the said Authorities are audited, the said Authorities shall send a copy thereof together with the copy of the report of the auditor thereon to the State Government.
(4) The State Government shall cause accounts of the said Authorities together with the audit report thereon forwarded to it under sub-section (3) to be laid annually before each House of the State Legislature.
- Submission of report,-
(1) Every Regional Board, Special Planning Authority or Development Authority shall prepare for every year a report of its activities during that year and submit the report to the State Government in such form on or before such date as may be prescribed by rules.
(2) The State Government shall prepare for every year a report of the activities including the accounts of every Regional Planning Board, Special Planning Authority or Development authority during that year. The State Government shall cause a copy of the report to be laid before the State Legislature.
- Pension and Provident Funds,-
(1) Every Regional Board, Special Planning Authority or Development Authority may constitute for the benefit of its whole time paid members and of its officers and other employees, in such manner and subject to such conditions as may be prescribed by rules, such pension or provident fund or both as it may deem fit.
(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 if it were a Government Provident Fund.
Chapter IX
Supplemental and Miscellaneous Provisions
- Power of entry,-
(1) The Director of Town Planning or any officer authorised by him, the Town Planning Officer of any Regional Board or Planning Authority, the Arbitrator, or any person authorised by the State Government, Regional Board, Planning Authority, Development Authority or Arbitrator may enter into or upon any land or building with or without assistants or workmen for the purpose of the preparation of a plan or scheme under this Act by-
(a) making of any measurement or survey or taking levels of such land or
buildings;
(b) setting out and marking boundaries and intended lines of development;
(c) marking 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) ascertaining whether any land is being or has been developed in contravention of any provision of this Act, or rules or regulations thereunder:
Provided that,-
(i) in the case of any building used as a dwelling-house, or upon any enclosed part of garden attached to such a building, no such entry shall be made except between the hours of sunrise and sunset or without giving its occupier at least 24 hours’ notice in writing of the intention to enter;
(ii) sufficient opportunity shall in every instance be given to enable women (if any) to withdraw from such land or building;
(iii) due regard shall always be had, so far may be compatible, with the exigencies of the purpose for which the entry is made to the social and religious usages of the occupants of the land or building entered.
(2) The powers of the Director of Town Planning shall extend to the whole of, the State; and the power of any Town Planning Officer or any person authorised by the Regional Board, Planning Authority or Development Authority shall extend only to the area under the jurisdiction of such Board or Authority; and the power of the person authorised by the Arbitrator or State Government shall extend to such area as the Arbitrator or State Government may specify in this behalf.
(3) Any person who obstructs the entry of a person empowered or authorised under this section to enter into or upon any land or building or molests such persons after such entry shall on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
- Service of notice, etc,-
(1) All documents including notices and orders required by this Act or any rule or regulation made thereunder to be served upon any person shall save as otherwise
provided in this Act or rule or 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;
(b) where the person to be served is a partnership, and if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either –
(i) sent by registered post to such office; or
(ii) delivered at the said place of business;
(c) in any other case, if the document is addressed to the person to be served and-
(i) is given or tendered to him; or
(ii) if such person cannot be found, is affixed on some conspicuous part of his known place of residence or business, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates; or
(iii) if sent by registered post to that person.
(2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed “the owner” or “the occupier”, as the case may be, of that land or building (naming or describing that land or building) without further name or description and shall be deemed to be duly served-
(a) if the document so addressed is sent or delivered in accordance with clause (c) of sub-section (1); or
(b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building.
(3) Where a document is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner.
(4) For the purpose of enabling any documents to be served on the owner of any property, the Secretary to the Regional Board or the Planning Authority or Development Authority may by notice in writing require the occupier (if any) of the property to state the name and address of the owner thereof.
(5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
(6) A domestic servant is not a member of the family within the meaning of this section.
- Public notice how to be made known,-
Every public notice given under this Act or rules or regulations thereunder shall be in writing over the signature of the Secretary to the Regional Board or Planning Authority or Development Authority or such other officer who may be authorised in this behalf by such Board or Authority and shall be widely made known in the locality to be affected thereby, affixing copies thereof in conspicuous public places within the said locality and by publishing the same by beat of drum or by advertisement in one or more local newspapers, and by such other means which the Secretary thinks fit.
- Notices, etc. to fix reasonable time,-
Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or rule or regulations thereunder, the notice, order or other document shall specify a reasonable time for doing the same.
- Authentication of orders and documents,-
All permissions, orders, decisions, notices and all documents of a Regional Board, Planning Authority or Development Authority shall be authenticated by the signature of the Secretary to the Regional Board or Planning Authority or Development Authority or such other officer as may be authorised by such Board or Authority in this behalf.
- Offences by companies,-
(1) If the person committing an offence under this Act is a company, every person, who, at the time of the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that, nothing contained in the 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 of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officers shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation:- For the purpose of this section –
(a) “company’ means a body corporate and includes a firm or other association of individuals; and
(b) “director” in relation to a firm means a partner in the firm.
- Penalty for obstructing contractor or removing mark,-
If any person-
(a) obstructs, or molests any person engaged or employed by a Regional Board, Planning Authority, Development Authority or any person with whom any such Board or 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 or boundary stone set up for the purpose of indicating any level or direction necessary to the execution of any development authorised under this Act,
he shall on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees or with both.
- Sanction of prosecution,-
No prosecution for any offence punishable under this Act or rules made thereunder shall be instituted or no prosecution instituted shall be withdrawn, except with the previous sanction of the Regional Board, Planning Authority, or as the case may be, a Development Authority or any officer authorised by such Board or Authorised in this behalf.
- Compounding of offences,-
(1) The Regional Board or Planning Authority or Development Authority concerned or any person authorised in this behalf by general or special order may either before or after the institution of the proceedings compound any offence made punishable by or under this Act or rules made thereunder.
(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.
- Jurisdiction of Courts,-
No court inferior to that of a judicial magistrate of the first class shall try an offence punishable under this Act.
- Magistrate’s power to impose enhanced penalties,-
Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (V of 1898), *it shall be lawful for any Presidency Magistrate or Magistrate of the First Class to pass any sentence authorised by this Act in excess of its powers under the said section.
* Note:- Now see Code of Criminal Procedure, 1973 (2 of 1974).
- Members and officers to be public servants,-
Every member and every officer and other employee of a Regional Board or Planning Authority or Development Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860).
- Protection of action taken in good faith,-
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rules or regulations made thereunder.
- Registration of documents, plan or map in connection with final plan or scheme not required,-
(1) Nothing in the Indian Registration Act, 1908 (XVI of 1908), shall be deemed to
require the registration of any document, plan or map prepared, made or sanctioned in connection with a final Regional plan or final Development plan or final town planning scheme which has come into force.
(2) All such documents, plans and maps shall, for the purposes of sections 48 and 49 of the Indian Registration Act, 1908 (XVI of 1908), be deemed to have been and to be registered in accordance with the provisions of that Act:
Provided that, documents, plans and maps relating to the sanctioned plan or scheme shall be accessible to the public in the manner prescribed.
- Finality of orders,-
Save as otherwise expressly provided in this Act, every order passed or direction issued by the State Government or order passed or notice issued by any Regional Board, Planning Authority or Development Authority under this Act shall be final and shall not be questioned in any suit or other legal proceedings.
- Validation of acts and proceedings,-
(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 a
Regional Board, Planning Authority, or Development Authority;
(b) any person having ceased to be a member;
(c) any person associated with a Regional Board, under section 10 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 a Regional Board, Planning Authority or Development Authority constituted under sub-section (2) of section 113, the minutes of the proceedings of which have been duly signed as prescribed shall be taken to have duly convened and to be free from all defects and irregularity.
- Power to delegate,-
(1) The State Government may, by a notification in the Official Gazette, delegate any power exercisable by it under this Act, or rules made thereunder to any officer of the State Government in such case and subject to such conditions, if any, as may be specified in such notification.
(2) The Director of Town Planning may, by an order in writing, delegate any power
exercisable by him under this Act or rules thereunder to any officer subordinate to him in such case and subject to such conditions, if any, or may be specified therein.
(3) Any Regional Board, Planning Authority or Development Authority may, by a resolution, direct that any power exercisable by it under this Act, rules or regulations thereunder (except the power to prepare any Regional plan, Development plan, town planning scheme or the plan of the New Town or to make regulations) may also be exercised by any officer of the State Government with the previous consent of the State Government, the Regional Board, Planning Authority or local authority or Development Authority as may be mentioned therein, such cases and subject to such conditions, if any, as may be specified therein.
(4) The Town Planning Officer of any Regional Board, Planning Authority or Development Authority may, by an order in writing, delegate any power exercisable by him under this Act, or rules or regulations thereunder to any officer of the Regional Board, Planning Authority or local authority or Development Authority in such cases and subject to such conditions, if any, as may be specified therein.
- Powers of Planning Authority or Development Authority to be exercised by certain officers,-
Notwithstanding anything contained in section 151, the powers and functions of a
Planning Authority or New Town Development Authority shall, for the purposes of sections 25, 43, 44, 45, 46, 49, 51, 53, 55, 56, 58, 89, 90, 107, 112, 126(1)(b), 135, 136 and 142 be exercised and performed by the following officers, namely:-
(1) in the case of a Municipal Corporation, by the Municipal Commissioner or such other officer as he may appoint in this behalf;
(2) in the case of Zilla Parishad, by the Chief Executive Officer or such other officers as he may appoint in this behalf;
(3) in the case of a Municipal Council, by the Chief Officer of the Council; and
(4) in the case of any other local authority, Special Planning Authority or New Town Development Authority, by the Chief Executive Officer or person exercising such powers under Acts applicable to such authorities:
Provided that, in the case of a New Town Development Authority declared under sub-section (3A) of section 113, that Authority shall, for the purpose of information of the public, publish in the Official Gazette and in such other manner as it may consider necessary, the officers of the Authority who will exercise the powers and perform the functions of that Authority for the purpose of this Act.
Provided further that, the State Government may, by a notification in the Official Gazette, delegate any of the powers exercisable under sections 44, 45, 46, 51, 53, 54, 55, 56, 135 and 136 of this Act by the Slum Rehabilitation Authority appointed under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971), acting as the Planning Authority, to the Chief Executive Officer of the Slum Rehabilitation Authority.
- Power of Planning Authority to borrow money for Development plan or for making or executing town planning scheme,-
(1) A Planning Authority may, for the purpose of a Development plan or the making or execution of a town planning scheme, borrow loans in accordance with the provisions of the Act under which that Authority is constituted or if such Act
does not contain any provision for such borrowing, in accordance with the Local Authorities Loans Act, 1914 (IX of 1914).
(2) Any expenses incurred by a Planning Authority or the State Government under this Act or in connection with a Development plan or a town planning scheme may be defrayed out of the funds of the Planning Authority.
- Control by State Government,-
(1) Every Regional Board, Planning Authority and Development Authority shall carry out such directions or instructions as may be issued from time to time by the State Government for the efficient administration of this Act.
(2) If in, or his connection with, the exercise of its powers and discharge of its functions by the Regional Board, Planning Authority or Development Authority, under this Act, any dispute arises between the Regional Board, Planning Authority, and the State Government, the decision of the State Government on such dispute shall be final.
- Returns and information,-
(1) Every Regional Board, Planning Authority and Development Authority shall furnish to the State Government such reports, returns and other information as the
State Government may from time to time require.
(2) Every local authority shall furnish to a Regional Board, Planning Authority or
Development Authority (within the limits of which that local authority is functioning) such report, returns and other information as the Board or Authority may require.
- Effect of laws,-
Notwithstanding anything contained in any law for the time being in force-
(a)[***deleted by Mah. 10 of 1977***]
(b) when permission for such development has not been obtained under this Act, such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained.
- Power to make agreements,-
(1) Unless otherwise provided in this Act, a Planning Authority or Development Authority shall be competent to make any agreement with any person or party in respect of any matter which is provided for under this Act subject to the right of the State Government to modify or disallow such agreement.
(2) Such agreement shall not in any way affect the rights of the State Government or third parties, but it shall be binding on the parties to the agreement notwithstanding any decision that may be passed by the State Government:
Provided that, if the agreement is modified by the State Government, either party shall have the option of avoiding it if it so elects.
157A. Authentication of plans and schemes and custody thereof,-
(1) Every Regional plan, Development plan or town planning scheme which is finally sanctioned by the State Government shall be drawn up in duplicate, and every such plan or scheme on every page thereof shall be authenticated under the seal and signature of the Secretary to Government, Urban Development and Public Health Department or such other officer not below the rank of a Deputy
Secretary as may be specified by the Secretary. One such plan or scheme shall be deposited with the Director of Town Planning and sealed with his seal and second shall be deposited with the Planning Authority concerned and in the case of a Regional Plan, such second copy together with all the documents, plans and maps relating thereto shall be deposited in the Head Office of the Board, and if the Board is dissolved, then in the nearest office of the State Planning and Valuation
Department.
(1A) Every such Plan or scheme required under sub-section (1) of this section to bear the signature of the Secretary or such other officer shall be deemed to be properly signed if the first and the last page of such plan or scheme are signed by the Secretary or such other officer and the intervening pages thereof bear the seal and facsimile of the Secretary or Such other officer thereon.
(2) The plan or scheme deposited with the Director of Town Planning under seal shall be kept under lock and key and in custody of the Director of Town Planning and shall not be utilised unless it is required for production in any Court or by any authority duly empowered in this behalf by the State Government for verifying any entry made or alleged to be made in any such plan or scheme; and a certified copy of any plan or scheme or any part thereof may be given to any person on payment of a fee therefor.
(3) Where a plan or scheme or any part thereof is produced for verification, such plan or scheme or part after the relevant entry or entries therein are duly verified (such verification being made in court, or as the case may be, in the presence of the Director of Town Planning or any officer duly nominated by him in that behalf), shall be resealed with the seal of the Director of Town Planning, and then deposited with him in the manner aforesaid.
(4) If any officer or person having custody of a plan, scheme or any part thereof, makes or causes to be made any change in such plan, scheme or in any part, such change not being authorised by or under the provisions of this Act, he shall, on conviction, be punished with imprisonment which may extend to six months and shall also be liable to a fine.
- Power to make rules,-
(1) The State Government may, by notification in the Official Gazette, and subject to the conditions of previous publication, make rules to carry out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power the State Government may make rules for all or any of the following matters:-
(i) under sub-section (1) of section 5, the term of office and conditions of
service of members of a Regional Board;
(ii) under section 8, rules subject to which a Regional Board may exercise
powers and discharge duties;
(iii) under sub-section (4) of section 10, the allowances payable to members
of a Regional Planning Committee;
(iv) under section 13, rules subject to which survey of a Regional and
preparation of Regional plan may be made as provided in that section.
(v) under section 14, the form of a Regional plan and the manner in which it
may be published;
(vi) under sub-section (1) of section 15, the period within which a Regional
plan may be approved as provided in that section;
(vii) under sub-section (1) of section 16, the other manner in which a notice
of the preparation of a draft Regional plan shall be published;
(viii) under section 17, the manner in which a notice of approval of a
Regional plan shall be published;
(ix) under sub-sections (2) and (3) of section 20, the other manner in which
a notice of the revision and approval of the revision, of a Regional plan shall
be published;
(x) under sub-sections (1), (2) and (4) of section 21, the other manner in
which a notice regarding preparation of the draft Development plan shall be
published;
(xi) under sub-section (1) of section 23, the manner in which a notice of
declaration of intention to prepare a Development plan shall be published
by a Planning Authority in one or more local newspapers;
(xii) under section 24, the qualifications of a person to be appointed as
Town Planning Officer;
(xii-a) under sub-section (1) of section 26, the other manner in which a
notice regarding preparation of the draft Development plan shall be
published;
(xii-b) under sub-section (1) of section 32, the other manner of publication
of a notice regarding preparation of the interim Development plan;
(xiii) under section 44, the form in which application for permission to carry
out any development on land shall be made to a Planning Authority, the
particulars which such application shall contain and the documents and
fees, if any, which shall accompany it and exceptions to be made as
provided in that section;
(xiv) under sub-section (2) of section 45, the form of commencement
certificate;
(xv) under sub-section (1) of section 47, the manner in which an appeal
under that section shall be made and the fees, if any, which shall
accompany it;
(xvi) under sub-section (2) of section 51, the time within which and the
manner in which claim for compensation shall be made and under sub-
section (3), of that section the time within which notice of refusal to accept
compensation shall be given;
(xvii) under sub-section (3) of section 53, the manner of applying for
permission under section 44;
(xviii) under sub-section (2) of section 56, the manner in which an appeal
under that sub-section shall be made to the State Government; under sub-
section (4) of that section the time within which and the manner in which
claims for compensation shall be made; and under sub-section (5) of that
section, the period after disposal of appeal, if any, within which and the
manner in which a purchase notice on the State Government shall be
served;
(xix) under sub-section (1) of section 58, the documents and plans which
shall accompany an intimation of the intention of any Government to carry
out development of any land for the purpose of any of its departments or
offices;
(xx) under sub-section (2) of section 60, the other manner in which the
Planning Authority shall publish the declaration of its intention to make a
town planning scheme;
(xxi) under sub-section (1) of section 61, the other manner in which the
Planning Authority shall publish a notice of making of a draft town planning
scheme;
(xxii) under sub-section (1) of section 63, the manner of publication of a
notice of a draft town planning scheme under that sub-section;
(xxiii) under section 64 the other particulars which a draft town planning
scheme shall contain;
(xxiv) under sub-section (1) of section 69, the form of commencement
certificate;
(xxv) under sub-section (1) of section 72, the qualification of a person to be
appointed as Arbitrator; under sub-section (3) of that section, the procedure
to be followed by an Arbitrator, the manner in which he shall give notices
and the form in which he shall draw the final town planning scheme;
(xxvi) under sub-section (3) of section 83, the manner in which the
Arbitrator shall give notice under that sub-section;
(xxvii) under sub-section (1) of section 89, the procedure for evicting
persons in authorised occupations;
(xxviii) under sub-section (1) of section 90, the notice to be given by the
Planning Authority under that sub-section;
(xxix) under sub-section (2) of section 91, the other manner in which a
notice shall be published regarding the preparation of a draft of variation of
a town planning scheme; and under sub-section (3) of that section, the
other particulars which the draft variation of a town planning scheme
contain;
(xxx) under sub-section (2) of section 105, the period within which payment
should be made by an owner to the Planning Authority;
(xxxi) under sub-section (4) of section 109, the procedure to be followed by
the Tribunal;
(xxxi-a) the time within which and the manner in which an application under
sub-section (1) of section 124E, shall be made by the person to the
Authority for assessment of development charge payable by him in respect
of institution or change of use, or development of any land or building;
(xxxi-b) under sub-section (1) of section 124G, the manner in which an
appeal under that section shall be made and the fees, if any, which shall
accompany it;
(xxxii) under sub-section (3) of section 130, the sum to be kept in current
account in the Reserve Bank of India or the State Bank of India or any other
approved Bank;
(xxxiii) under section 131, the form of the budget and the time at which it
shall be prepared and the number of copies of the budget to be forwarded
to the State Government;
(xxxiv) under sub-section (1) of section 132, the from in which a Regional
Board shall prepare an annual statement of accounts including the balance
sheet;
(xxxiv-a) under sub-section (1) of section 132A, the forms in which the
Special Planning Authority and the Development Authority shall maintain
their books of accounts and other books relating to business and
transactions;
(xxxv) under sub-section (1) of section 133, the form in which and date
before which an annual report of its activities shall be submitted to the State
Government by a Regional Board, Planning Authority and Development
Authority;
(xxxvi) under sub-section (1) of section 134 the manner in which and the
conditions subject to which a Regional Board, Planning Authority or
Development Authority shall constitute pension and provident funds;
(xxxvii) under sub-section (2) of section 148, the manner in which
documents, plans and maps, relating to a sanctioned scheme shall be
accessible to the public;
(xxxviii) any other matters for which rules may be made.
(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both House agree in making any modification in the rule or both House agree that the rule should not be made, the rule shall from the date of publication of a notification in the Official Gazette of such decision have effect only
in such modified form or be of no effect; as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
- Power to make regulations,-
(1) Any Regional Board, Planning Authority or Development Authority may with the previous approval of the State Government, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act, and without prejudice to the generality of this power,-
(i) a Regional Board or a Development Authority may make, –
(a) regulations subject to which it shall exercise powers and perform
functions under this Act;
(b) regulations for regulating its procedure and the conduct of its
business at its meeting;
(c) regulation providing for any other matter which has to be may be
prescribed by regulations;
(ii) a Planning Authority may make,-
(a) regulations prescribing the manner in which its order under sub-
section (1) of section 45 shall be communicated to the applicant
seeking permission under that section;
(b) regulations prescribing the time within which and the manner in
which a notice shall be served on the State Government under sub-
section (1) of section 49;
(c) regulations providing for any other matter which has to be or may
be prescribed by regulations.
(2) The State Government may make special development control regulations consistent with this Act and the rules made thereunder, to carry out the purpose of executing a Special Township Project and such regulations may be a part of Development Control Regulations of Development Plan or Regional Plan, as the case may be.
159A. Special provisions relating to New Town Development Authority and Special Planning Authority,-
The provisions of the First schedule hereto shall apply in relation to a New Town Development Authority and a Special Planning Authority referred to in section 40 of this Act.
- Dissolution of Regional Planning Board, Special Planning Authority and New Town Development Authority,-
(1) Where the State Government is satisfied that the purposes for which any Regional Board, Special Planning Authority or Development Authority was established under this Act have been substantially achieved so as to render the continued existence of the Board or Authority in the opinion of the State Government unnecessary or where the State Government is of opinion that the work of acquiring, developing and disposing of land in the area of any new town should be entrusted to any corporation, company or subsidiary company referred
to in sub-section (3A) of section 113, the State Government may, by notification in the Official Gazette, declare that the Regional Board, Special Planning Authority or Development Authority constituted under sub-section (2) of section 113 shall be dissolved with effect from such date as may be specified in the notification or that the Development Authority declared under sub-section (3A) of section 113 shall cease to function in relation to such area of the new town from such date as may be specified in the notification; and such Board or Authority shall be deemed to be
dissolved accordingly or as the case may be, shall be deemed to cease to function in relation to such area of such new town.
(2) From the said date-
(a) all properties, funds and dues which are vested in, or realisable by the Regional Board, Special Planning Authority or Development Authority for the purposes of the Act shall vest in, or be realisable, by the State Government;
(b) all liabilities which are enforceable against the Regional Board, Special Planning Authority or Development Authority shall be enforceable against the State Government; and
(c) for the purpose of carrying out any development which has not been fully carried out by the Board or Authority and for the purpose of realising properties, funds and dues referred to in clause (a), the functions of the Regional Board, Special Planning Authority, or Development Authority shall be discharged by the State Government.
(3) Where a Development Authority constituted under sub-section (2) of section 113 for the area of any new town in dissolved, and a corporation or company in relation to that area is declared to be New Town Development Authority for that area under sub-section (3A) of section 113, then the provisions of sub-section (2) of this section shall consequent upon such dissolution apply with this modification that as if for the words “State Government” wherever they occur, the words, brackets, figures and letter “Development Authority declared under sub-section (3A) section 113” were substituted.
- Vesting of property and rights of local authority ceasing to exist or ceasing to have jurisdiction,-
Where any Planning Authority (which is a local authority) ceases to exists or ceases to have jurisdiction over any area included in a development plan or town planning scheme, the property and rights vested in such Planning Authority under this Act shall, subject to all charges and liabilities affecting the same, vest in such other local authority or authorities as the State Government may, with the consent of such local authority or authorities, by notification in the Official Gazette direct; and such local authority or each one of such local authorities shall have all the powers under this Act in respect of such schemes or such part of a scheme as comes within its jurisdiction which the Planning Authority ceasing to exist or ceasing to have jurisdiction had.
- State Government or person appointed by it may exercise power to perform duty conferred or imposed on Planning Authority and disbursement of expenses,-
(1) If in the opinion of the State Government, any Regional Board, Planning Authority or Development Authority is not competent to exercise or perform, or neglects or fails to exercise or perform, any power conferred or duty imposed upon it by or under any of the provisions of this Act, State Government or any person or persons appointed in this behalf by the State Government may exercise such power or perform such duty.
(2) Any expenses incurred by the State Government or by such person in exercising such power or performing such duty shall be paid out of the funds of such Board or Authority; and if the Board or Authority fails to pay the expenses, then the State Government may make an order directing any person who for the time being has custody of any such funds to pay such expenses from such funds, and such person shall be bound to obey such order.
- Special provisions in case of dissolution etc. of Corporation, Zilla Parishad, etc,-
Where a municipal corporation is superseded under sub-section (1) of section 452 of the Bombay Provincial Municipal Corporation Act, 1949 (Bom. LIX of 1949), or where a Zilla Parishad is dissolved or superseded under sub-section (1) of section 260 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961(Mah. V of 1962) or where the Nagpur Improvement Trust is dissolved under sub-section (1) of section 121 of the Nagpur Improvement Trust Act, 1936 (C.P and Berar XXXVI of 1936) (or where an Administrator is appointed under section 313, or a Municipal Council is dissolved under section 315 of the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965)*,-
(a) the person or persons appointed under clause (c) of sub-section (2) of the said section 452 of the Bombay Provincial Municipal Corporation Act, 1949 (Bom. LIX of 1949), or under clause (b) of sub-section (2) of the said section 260 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962), or under clause (b) of section 316 of the Maharashtra Municipalities Act, 1965* (Mah. XL of 1965), to exercise its powers or to perform its duties or the municipal corporation of the city of Nagpur discharging the functions of the Nagpur Improvement Trust under the said section 121 of the Nagpur Improvement Trust Act, 1936 (C.P. & Berar XXXVI of 1936), or as the case may be, the Administrator appointed under section 313 of the Maharashtra Municipalities Act, 1965* (Mah. XL of 1965), exercising the powers and functions under section 314 of the Maharashtra Municipalities Act, 1965, shall be deemed to be a corporation, Zilla Parishad, Municipal Council, or as the case may be, the Nagpur Improvement Trust, within the meaning of clause (15) of section 2 of this Act and the person or persons, the municipal corporation of the city of Nagpur or as the case may be, the Administrator aforesaid so appointed may exercise all the powers and perform all the duties of a Planning Authority under this Act during the period of dissolution or supersession of the aforesaid body or during the term of office of the Administrator, as the case may be;
(b) in the event of a person or persons appointed as aforesaid or the Administrator exercising the powers and performing the duties of a Planning Authority under this Act, any property which may under the provisions of this Act vest in the Planning Authority exercising such powers and performing such duties shall, during the period of dissolution or supersession of the local authorities aforesaid, vest in the State Government; and such property shall at the end of the
said period, vest in such municipal corporation or Zilla Parishad or Municipal Council as the State Government may, by notification in the Official Gazette, direct.
* Now see the Maharashtra Municipal Councils, Nagpur Panchayats and Industrial Township Act, 1965 (Mah. XL of 1965)
- [Provisions of Bom. LXVII 1948, Hyd. Act XXI of 1951 and Bom. XCIX of 1958 not to apply to town planning schemes] Deleted by Mah. 10 of 1977, s. 8.
- Repeal and Savings,-
(1) The Bombay Town Planning Act, 1954 (Bom. XXVII of 1955) and sections 219 to 226A and clause (xxxvi) of sub-section (2) of section 274 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962), are hereby repealed.
(2) Notwithstanding the repeal of the provisions aforesaid, anything done or any action taken (including any declaration of intention to make a development) plan or town planning scheme, any draft development plan or schemes published by a local authority, any application made to the State Government for the sanction of the draft development plan or scheme, any sanction given by the State Government to the draft development plan or scheme or any part thereof, any restriction imposed on any person against carrying out any development work in any building or in or over any land or upon an owner of land or building against the erection or re-erection of any building or work, any commencement certificate granted, any order or suspension of rule, bye-law, regulation, notification or order made, any purchase notice served on a local authority and the interest of the owner compulsorily acquired or deemed to be acquired by it in pursuance of such purchase notice, any revision of development plan, any appointment made of Town Planning Officer, any proceeding pending before, and decisions of, a Town Planning Officer, any decisions of Board of Appeal, any final scheme forwarded to, or sanctioned, varied or withdrawn by the State Government, any delivery of possession enforced, any eviction summarily made, any notice served, any action taken to enforce a scheme, any costs of scheme calculated and any payments made to local authorities by owners of plots included in a scheme, any recoveries made or to be made or compensation awarded or to be awarded in respect of any plot, any rules or regulations made under the repealed provisions shall be deemed to have been done or taken under the corresponding provisions of this Act, and the provisions of this Act shall have effect in relation thereto.
(3) All proceedings pending before a Board of Appeal constituted under the Bombay Town Planning Act, 1954, (Bom. XXVII of 1955), shall be continued before and disposal of by the Tribunal of Appeal under this Act as if an appeal had been made to it in respect thereof.
(4) References to Arbitrator in this Act shall include a reference to a Town Planning Officer whose appointments is continued in force under sub-section (2).
(5) The mention of particular matters in this section shall not affect the general application to the repeal of the provisions aforesaid of section 7 of the Bombay General Clauses Act, 1904 (Bom. I of 1904) (which relates to the effect of repeal).
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[First Schedule]
(See Section 159A)
Special Provisions Relating To New Town Development Authority
And Special Planning Authority
- Commencement of paragraph 7:-
The provisions of paragraph 7 shall be deemed to have come into force on the 1st day of April, 1972.
- Definitions:-
In this Schedule “the relevant authority” means the Development Authority, or, as the case may be, a Special Planning Authority referred to in section 40 of this Act.
- Application of Bom. II of 1956 to premises of relevant authority:-
(1) The State Government may, by notification in the Official Gazette, provide from such date as is mentioned therein that the Bombay Government Premises (Eviction) Act, 1955 (Bom. II of 1956) (hereinafter in this paragraph referred to as the said Act), shall, subject to the provisions of sub-paragraph (2), apply to premises belonging to, vesting in, or taken on lease by, a relevant authority as that Act applies in relation to Government premises.
(2) On a notification being issued under sub-paragraph (1), the said Act shall apply to such premises with the following modifications, that is to say:-
(a) for clause (b) of section 2 of the said Act, there shall be substituted the following clause, namely: –
“(b) ‘Authority premises’ means any premises belonging to, or
vesting in, or taken on lease by, the Development Authority or
Special Planning Authority within the meaning of the Maharashtra
Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966)
(hereinafter referred to as the relevant authority);”;
(b) for section 3 of the said Act, there shall be substituted the following section, namely:-
“3. Appointment of competent authorities,-
The State Government shall appoint an officer who is holding or has
held office whether under the Government or the relevant authority
which in the opinion of the State Government is not lower in rank
than that of a Deputy Collector or an Executive Engineer, to be the
competent authority for the purposes of the said Act.*;
(c) references to “Government premises” in the said Act shall be deemed to be references to “Authority premises” and references to “the State Government” in sections 4, 6 and 9 shall be deemed to be references to the relevant authority;
(d) in section 6 of the said Act, in sub-section (1),-
(i) after clause (b), there shall be inserted the following clause,
namely: –
“(c) an employee of the relevant authority,”;
(ii) after the words “or, as the case may be, the local authority” the
words “the relevant authority” shall be inserted.
- Non-application of Rent Control Acts to premises of relevant authority:- The Bombay Rents, Hotel and Lodging Housing Rates (Control) Act, 1947 (Bom. LVII of 1947), or any other law corresponding thereto for the time being in force in any part of the State,-
(a) shall not apply to any premises belonging to, or vesting in, the relevant authority;
(b) shall not apply as against the relevant authority to any tenancy, licence or like relationship created by the relevant authority in respect of any such premises;
(c) but shall apply in respect of any premises let, or given on licence, to the relevant authority.
- Non-application of Mah. XLV of 1963 to relevant authority:-
Nothing contained in the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (Mah. XLV of 1963), shall apply to the relevant authority.
- Recovery of moneys due to relevant authority as arrears of land revenue:- (1) Where any sum not being rent payable in respect of any Authority premises referred to in paragraph 3 of this Schedule, payable to the relevant authority, whether under any agreement, express or implied or otherwise howsoever, is not paid on or before the due date-
(a) and the claim is not disputed, the person duly authorised by the relevant authority shall send to the Collector a Certificate under his hand indicating therein the sum which is due to the relevant authority or is claimed by that authority, as the case may be; and thereupon, the Collector shall recover the sum due or claimed as an arrear of land revenue;
(b) and the claim is disputed, it shall be referred to a Tribunal constituted by the State Government for the purpose which shall, after making such inquiry as it thinks fit, and after giving to the person by whom the sum is alleged to be payable a reasonable opportunity of being heard, decide the question; and the decision of the Tribunal shall be final and shall not be called in question in any Court or before any other authority. Thereupon, the Collector shall recover the sum determined to be due as arrears of land revenue.
(2) The Tribunal shall consist of one person who is not connected with the relevant authority or with the person by whom the sum is alleged to be payable.
(3) The expenses of the Tribunal shall be borne by the relevant authority.
(4) The procedure to be followed by the Tribunal in deciding questions referred to it shall be such as may be prescribed.
- Lump-sum contribution by relevant authority in lieu of taxes levied by local authorities:-
(1) Subject to rules, if any, that may be made under this Act, and regard being had
to the fact that the relevant authority itself provides in the area within the jurisdiction of the local authority all or any of the amenities which the local authority provides, the relevant authority shall not be liable to pay the taxes including property taxes, if any, but it shall be lawful to the local authority to arrive at an agreement with the relevant authority with the prior sanction of the State Government to receive a lump-sum contribution from the relevant authority in lieu of all or any of the taxes levied or services rendered by the local authority.
(2) When no such agreement, as is referred to in sub-section (1) can be reached or there is any dispute regarded any matter referred to in the aforesaid sub-section, the matter may be referred to the State Government in such manner as the State Government may determine, and the State Government may, after giving to the local authority or the relevant authority or both a reasonable opportunity of being heard, decide the amount of such contribution. The decision of the State Government, shall be binding on the local authority and the relevant authority.
Explanation:- ln this section, “local authority” has the meaning assigned to it by clause (26) of section 3 of the Bombay General Clauses Act, 1904 (Bom. I of 1904).
- Deduction from salary or wages to meet claims of relevant authority in certain cases:-
(1) Any person with the relevant authority may execute an agreement in favour of such authority providing that his employer shall be competent to deduct from the salary or wages payable by him by the employer, such amount as may be specified in the agreement and, to pay to the relevant authority the amount so deducted in satisfaction of any debt or demand of the relevant authority against such person.
(2) On the execution of such agreement, the employer shall, if so required by the relevant authority, by requisition in writing, and so long as the relevant authority does not intimate that the whole of such debt or demand has been paid make the deduction in accordance with the agreement, and pay the amount so deducted to the relevant authority as if it were a part of the salary or wages payable by the employer as required under Payment of Wages Act, 1936 (IV of 1936), on the day on which the, employer makes payment.
(3) If, after the receipt of a requisition made under the foregoing sub-section the employer at any time fails to deduct the amount specified in the requisition from the salary or wages payable to such person or makes default in remitting the amount deducted to the relevant authority, the employer shall be personally liable for the payment thereof; and the amount shall be recoverable on behalf of the relevant authority from the employer as an arrear of land revenue.
(4) Nothing contained in this section shall apply to person employed in any railways, (within the meaning of the Constitution) and in mines and oil-fields.
- (1) No suit shall be instituted against the relevant authority or against any officer or servant thereof or any person acting, under the orders of the relevant authority, in respect of any act done or purporting to have been done, in pursuance of execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act,-
(a) until the expiration of two months next after notice in writing has been given to the relevant authority stating with reasonable particularity the cause of action and the name and place of residence of the intending plaintiff and of his attorney or agent, if any, for the purpose of such suit and the relief which he claims; nor
(b) unless it is commenced within six months next after the accrual of the cause of action.
(2) At the trial of any such suit,-
(a) the plaintiff shall not be permitted to go into evidence of any cause of action except such as is set forth in the notice given as aforesaid;
(b) the claim, if it be for damages, shall be dismissed if tender of sufficient amounts shall have been made before the suit was instituted or if after the institution of the suit, a sufficient sum of money is paid into Court with costs.
(3) Where the defendant in any such suit is an officer or servant of the relevant authority, payment of the sum or of any part of any sum payable by him in or in consequence of the suit, whether in respect of cost, charges, expenses, compensation for damages or otherwise may be made, with the sanction of the relevant authority.
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[Second Schedule]
(See Section 124B)
Part I
Sr. No. | Areas | Nature of particulars of development
|
Rate at which development charge to be levied (in rupees per square metres) |
(1) | (2) | (3) | (4) |
1. | Areas under the jurisdiction of the Municipal Corporation constituted or deemed to have been constituted under the Mumbai Municipal Corporation Act (Bom. III of 1888), the Bombay Provincial Municipal Corporation Act, 1949 (Bom. LIX of 1949) and the City of Nagpur Corporation Act, 1948 (C.P. and Berar II of 1950), the Municipal Councils constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965); and Special Planning Authorities and New Town Development Authorities constituted under this Act. | (a) Development of land for residential or institutional use, not involving any building or
construction operations.
(b) Development of land for residential or institutional use involving only building or construction operations,- (i) where development charge under clause (a) has been paid; (ii) where development charge under clause (a) is not required to be paid as the land has been developed before the commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 1992. (c) Development of land for residential or institutional use, also involving building or construction operations,- (i) for development (ii) for construction
|
0.5 per cent of the rates of developed land mentioned in the Annual Statement of Rates prepared under the Bombay Stamp (Determination of True Market Value of Property) Rules,1995 made under the Bombay Stamp Act, 1958 (Bom. LX of 1958) (hereinafter, in this Schedule, referred to as “the Stamp Duty Ready Reckoner”)
2.00 per cent of the rates of developed land mentioned in the Stamp Duty Ready Reckoner 2.00 per cent of the rates of developed land mentioned in the Stamp Duty Ready Reckoner 0.5 per cent, of the rates of developed land mentioned in the Stamp Duty Ready Reckoner; 2.00 per cent. of the rates of developed land mentioned in the Stamp Duty Ready Reckoner. |
Part II
(1) The rates of development charge for different nature or category of development of land and buildings for industrial and commercial users shall be one and a half times and two times of the rates of development charges, respectively, specified in column (4) for different corresponding nature or category of development of lands and buildings described in clauses (a), (b) and (c) in column (3) in Part-I of this Schedule for residential or institutional users.
(2) In the area under the jurisdiction of the respective municipal corporations, the
development charge shall be levied for reconstruction or for the making of any material charge in a building, at the rates specified in Part-I of the Schedule for the purpose of development of land involving only building or construction operations in such area.
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Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971
Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971
(Maharashtra Act No. XXVIII Of 1971)
An Act to make better provision for the improvement and clearance of slum areas in the State and their redevelopment and for the protection of occupiers from eviction and distress warrants.
Whereas, it is expedient to make better provision for the improvement and clearance of slum areas in the State and for their redevelopment and for the protection of occupiers from eviction and distress warrants; and for matters connected with the purposes aforesaid; It is hereby enacted in the Twenty second Year of the Republic of India as follows :-
Chapter I
Preliminary
- Short title, extent and commencement,-
(1) This Act may be called the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force into such areas and on such date as the State Government may by notification in the Official Gazette appoint; and different dates may be appointed for different areas.
- Definitions,-
In this Act unless the context otherwise requires,-
(a) “Administration” means-
(i) In Greater Bombay or any part thereof such person not being a person below the rank of a Divisional Commissioner as the State Government may, by notification in the Official Gazette, appoint, and
(ii) elsewhere the Divisional Commissioner;
(aa) “Appellate Authority” means the Appellate Authority appointed by the State Government under Section 35.
(b) “Building” includes a house, out-house, stable, shed, hut and other enclosure or structure, whether of masonry bricks, wood, mud, metal or any other material whatsoever, whether used as human dwelling or otherwise; and also includes verandahs, fixed platforms, plinths, doorsteps, electric meters, walls including compound walls and fencing and the like, but does not include plant or machinery comprised in a building.
(ba) “Chief Executive Officer” means a Chief Executive Officer of the Slum Rehabilitation Authority appointed under sub-section (2) of section 3A;
(b-1) “Collector” means the Collector of a district and includes an Additional Collector or any officer specially appointed by the State Government to perform the functions of a Collector under this Act;
(c) “Competent Authority” means a person or body appointed to be the Competent Authority under Section 3;
(c-a) “Developer” means a Developer registered under Section 3B;
(c-b) “Eligible slum dweller” means a slum dweller who fulfills such criteria of eligibility as may be prescribed, from time to time, and is declared so eligible by the Competent Authority;
(c-c) “Grievance Redressal Committee” means the Grievance Redressal Committee constituted under section 35;
(d) “Land” includes buildings and also benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth;
(e) “Occupier” includes,
(i) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;
(ii) an owner in occupation of, or otherwise using, his land or building;
(iii) a rent-free tenant of any land or building;
(iv) a licensee in occupation of any land or building; and
(v) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
(f) “Owner” when used with reference to any building or land, means the person who receives or who is entitled to receive the rent of the building or land, if the building or land were let, and includes,
(i) an agent or trustee who receives such rent on account of the owner;
(ii) an agent or trustee who receives the rent of, or is entrusted with, or concerned for, any building or land devoted to religious or charitable purpose;
(iii) a receiver, sequestrator or manager appointed by a court of competent jurisdiction to have the charge of or to exercise the rights of owner of the said building or land; and .
(iv) a mortgagee-in-possession;
but does not include, a slumlord;
(g) “prescribed” means prescribed by the rules made under this Act;
(ga) “Slum areas” means any area declared as such by the Competent Authority under sub-section (1) of section 4 and includes any area deemed to be a slum area under section 4A;
(h) “Slum clearance” means the clearance of any slum area by the demolition and removal of building therefrom;
(h-a) “Slumlord” means a person, who illegally takes possession of any lands (whether belonging to Government, local authority or any other person) or enters into or creates illegal tenancies or leave and licence agreements or any other agreements in respect of such lands, or who constructs unauthorised structures thereon for sale or hire, or gives such lands to any persons on rental or leave and licence basis for construction, or use and occupation, of unauthorised structures, or who knowingly gives financial aid to any persons for taking illegal possession of such lands, or for construction of unauthorised structure thereon, or who collects or attempts to collect from any occupiers of such lands rent, compensation or other charges by criminal intimidation, or who evicts or attempts to evict any such occupiers by force without resorting to the lawful procedure, or who abets in any manner the doing of any of the abovementioned things;
(hb) “Slum Rehabilitation Area” means a slum rehabilitation area, declared as such under subsection (1) of section 3C by Competent Authority in pursuance of the Slum Rehabilitation scheme nullified under section 3B;
(hc) “Slum Rehabilitation Authority” means the Slum Rehabilitation Authority or Authorities appointed by the State Government under section 3A;
(hd) “Slum Rehabilitation scheme” means the Slum Rehabilitation Scheme notified under section 3B;
(h-e) “Slum Rehabilitation Work” means the work relating to demolition of any structure or any part thereof in slum area or Slum Rehabilitation Area, and construction of a new building thereon.;
(i) “Tribunal” or “special Tribunal” means Tribunal or Special Tribunal which the State Government is hereby empowered to constitute consisting of,-
(a) the President, being a person who,-
(i) is or has been a District Judge or has practised as a Pleader or Advocate or both for not less than eight years and is holding or has held the post not below the rank of the Joint Secretary in the Law and Judiciary Department: or
(ii) is holding or has held any judicial office for not less than eight years;
or
(iii) is practising or has practised as an Advocate for not less than eight years; and
(b) two members, –
(i) one of whom shall be a person who is holding or has held the post not below the rank of the Deputy Director of Town Planning; and
(ii) the other shall he a person who is holding or has held the post not below the rank of the Superintending Engineer to Government;
(j) “Works of improvement” includes in relation to any building in a slum area the execution of any one or more of the following works, namely:-
(i) repairs which are necessary;
(ii) structural alterations;
(iii) provision of light points, water taps and bathing places;
(iv) construction of drains, open or covered;
(v) provision for latrines, including conversion of dry latrines into flush
latrines;
(vi) provision of additional or improved fixtures or fittings;
(vii) opening up, or paving of courtyards:
(viii) construction of passages of roads;
(ix) any other work including the demolition of any building or and part
thereof which is in the opinion of the Competent Authority is necessary
for executing any of the works specified above.
- Appointment of Competent Authorities,-
(1) The State Government may, by notification in the Official Gazette, appoint any person to be the Competent Authority for the purposes of this Act, for such area as may be specified in the notification.
(2) Where any body corporate (including a local authority) is appointed to be the Competent Authority, then the powers and functions of the Competent Authority under this Act shall, subject to such restrictions and conditions as the Competent Authority may impose, in this behalf, be exercised and performed on behalf of such body corporate by such officer of the concerned Competent Authority, as such Authority, by general or special order issued in this behalf, appoints.
Chapter I-A
Slum Rehabilitation Scheme
3A. Slum Rehabilitation Authority for implementing Slum Rehabilitation Scheme,-
(1) Notwithstanding anything contained in the foregoing provisions, the State Government may, by notification in the Official Gazette, appoint an authority to be called the Slum Rehabilitation Authority for such area or areas as may be specified in the notification; and different authorities may be appointed for different areas.
(2) Every Slum Rehabilitation Authority shall consist of a Chairman, a Chief Executive Officer and fourteen other members, all of whom shall be appointed by the State Government.
(2A) Every Slum Rehabilitation Authority appointed under sub-section (1) shall be a body corporate by the name of “The…………………Slum Rehabilitation Authority” and shall have perpetual succession and common seal; with power to contract, acquire, hold and dispose of property, both movable and immovable, and to do all things necessary for the purposes of this Act, and may sue and be sued by its corporate name.
(3) The powers, duties and functions of the Slum Rehabilitation Authority shall be,-
(a) to survey and review existing position regarding slum areas;
(b) to formulate schemes for rehabilitation of slum areas;
(c) to get the Slum Rehabilitation Scheme implemented;
(d) to do all such other acts and things as may be necessary for
achieving the objects of rehabilitation of slums.
(4) The terms and conditions of appointment of the non-official members of the Slum Rehabilitation Authority shall be such as may be specified by the State Government.
(5) The Slum Rehabilitation Authority may appoint Committees consisting of its members and experts to facilitate its working and speedy implementation of the scheme prepared under section 3B.
3B. Slum Rehabilitation Schemes,-
(1) The State Government, or the Slum Rehabilitation Authority concerned with the previous sanction of the State Government, shall, prepare a general Slum Rehabilitation Scheme for the areas specified under subsection (1) of section 3A, for Rehabilitation of slums and hutment colonies in such areas.
(2) The General Slum Rehabilitation Scheme prepared under sub-section (1) shall be published in the Official Gazette, by the State Government or the concerned Slum Rehabilitation Authority, as the case may be, as the Provisional Slum Rehabilitation Scheme for the area specified under section 3A (1), for the information of general public, inviting objections and suggestions, giving reasonable period of not less than thirty days, for submission of objections and suggestions, if any, in respect of the said Scheme.
(3) The Chief Executive Officer of the Slum Rehabilitation Authority shall consider the objections and suggestions, if any, received within the specified period in respect of the said Provisional Scheme and after considering the same, and after carrying out such modifications as deemed fit or necessary, finally publish the said scheme, with the approval of the State Government or, as the case may be, the Slum Rehabilitation Authority in the Official Gazette, as the Slum Rehabilitation Scheme.
(4) The Slum Rehabilitation Scheme so notified under sub-section (3) shall, generally lay down the parameters for declaration of any area as the slum rehabilitation area and indicate the manner in which rehabilitation of the area declared as the slum rehabilitation area shall be carried out. In particular, it shall provide for all or any of the following matters, that is to say,-
(a) the parameters or guidelines for declaration of an area as the slum
rehabilitation area;
(b) basic and essential parameters of development of slum rehabilitation
area under the Slum Rehabilitation Scheme;
(c) provision for obligatory participation of the landholders and occupants
of the area declared as the slum rehabilitation area under the Slum
Rehabilitation Scheme in the implementation of the Scheme;
(d) provision relating to transit accommodation pending development of
the slum rehabilitation area and allotment of tenements on development
to the occupants of such area, free of cost.
(e) scheme for development of the slum rehabilitation areas under the
Slum Rehabilitation Scheme by the landholders and occupants by
themselves or through a developer and the terms and conditions of such
development; and the option available to the Slum Rehabilitation
Authority for taking up such development in the event of non-participation
of the landholders or occupants;
(f) provision regarding sanction of Floor Space Index and transfer of
development rights; if any, to be made available to the developer for
development of the slum rehabilitation area under the Slum
Rehabilitation Scheme;
(g) provision regarding non-transferable nature of tenements for a certain
period, etc.
(5) For the purposes of this Chapter, the State Government may register any person or an association of persons, or a partnership firm registered under the Partnership Act, 1932 (IX of 1932), or a company registered under the Companies Act, 1956 (1 of 1956), as a Developer in the prescribed manner.
3C. Declaration of a slum rehabilitation area,-
(1) As soon as may be after the publication of the Slum Rehabilitation Scheme, the Chief Executive Officer on being satisfied that circumstances exist in respect of any area, justifying its declaration as slum rehabilitation area under the said scheme, may by an order published in the Official Gazette, declare such area to be a “slum rehabilitation area”. The order declaring slum rehabilitation area (hereinafter referred to as “the slum rehabilitation order”), shall also be given wide publicity in such manner as may be specified by the Slum Rehabilitation Authority.
(2) Any person aggrieved by the slum rehabilitation order may, within four weeks of the publication of such order prefer an appeal to the Special Tribunal; and the decision of the Special Tribunal shall be final.
(3) On the completion of the Slum Rehabilitation Scheme, the Slum Rehabilitation Area shall cease to be such area.
3D. Application of other Chapters of this Act to Slum Rehabilitation Area with modification,-
On publication of the Slum Rehabilitation Scheme under sub- section (1) of section 3B, the provisions of other Chapters of this Act shall apply to any area declared as the slum rehabilitation area, subject to the following modifications, namely:-
(a) Chapters II and III shall be omitted;
(b) in Chapter IV,-
(i) Section 11 shall be omitted;
(ii) in section 12,-
(A) for sub-section (1), the following sub-section shall be
substituted, namely:-
“(1) As soon as may be, after the Chief Executive
Officer has declared any slum area to be a slum
rehabilitation area, he shall make a clearance order
in relation to that area, ordering the demolition of
each of the buildings specified therein, and requiring
each such building to be vacated within such time as
may be specified in the clearance order.”;
(B) sub-sections (2) and (3) shall be omitted;
(C) for sub-section (4), the following Sub-Section Shall be
substituted namely:-
“(4) Any person aggrieved by the clearance order
may, within four weeks of the publication of such
order prefer an appeal to the Special Tribunal; and
the decision of the Special Tribunal shall be final.”
(D) in sub-section (5), for the word “Tribunal” in both the
places where it occurs, the words “Special Tribunal” shall
be substituted;
(E) in sub-section (7), for the words “Competent Authority”
the words “Chief Executive Officer” shall be substituted;
(F) in sub-section (8), for the words “Competent Authority”
the words “Chief Executive Officer” shall be substituted;
(G) in sub-section (9), for the words “Competent Authority”,
wherever they occur, the words “Chief Executive Officer”
shall be substituted;
(H) in sub-section (10),-
(a) for the words “Competent Authority” the words “Slum
Rehabilitation Authority” shall be substituted;
(b) in the proviso,–
(i) for the words” Competent Authority” the words
“Chief Executive Officer” shall be substituted;
(ii) for the word “Tribunal” the words “Special
Tribunal” shall be substituted;
(iii) for section 13, the following section shall be substituted,
namely.-
“13. Power of Slum Rehabilitation Authority to develop slum
Rehabilitation area,-
(1) Notwithstanding anything contained in sub-section (10) of section
12, the Slum Rehabilitation Authority may, after any area is declared as
a Slum Rehabilitation Area, if the landholders or occupants of such area
do not come forward within a reasonable time, with a scheme for re-
development of such land, by order, determine to re-develop such land
by entrusting it to any agency for the purpose.
(2) Where on declaration of any area as a Slum Rehabilitation Area the
Slum Rehabilitation Authority, is satisfied that the land in the Slum
Rehabilitation Area has been or is being developed by the owner in
contravention of the plans duly approved, or any restriction or
conditions imposed under sub-section (10) of section 12, or has not
been developed within the time, if any, specified under such conditions,
it may, by order, determine to develop the land by entrusting it to any
agency recognised by it for the purpose:
Provided that, before passing such order, the owner shall be
given a reasonable opportunity of showing cause why the order should
not be passed.”;
(c) in Chapter V,-
(i) in section 14, in sub-section (1),-
(A) for the portion beginning with the words “Where on any
representation” and ending with the words “clearance area”
the following portion shall be substituted:-
“Where on any representation from the Chief Executive
Officer it appears to the State Government that, in order to
enable the Slum Rehabilitation Authority to carry out
development under the Slum Rehabilitation Scheme in any
Slum Rehabilitation Area”;
(B) after the proviso, the following proviso shall be added,
namely:-
“Provided further that, the State Government may delegate
its powers under this sub-section to any officer not below
the rank of Commissioner.”;
(ii) in Section 15,-
(A) for sub-section (3), the following sub-section shall be
substituted namely:-
“(3) Where the land has been acquired for the Slum
Rehabilitation Authority, the State Government shall, after it
has taken possession thereof, by notification in the Official
Gazette, upon such conditions as may be agreed upon
between Government and Slum Rehabilitation Authority,
transfer the land to the Slum Rehabilitation Authority and
thereupon the Slum Rehabilitation Authority may entrust, in
accordance with the provisions of section 3B(4), the word
of development of such area to any other agency as
provided in sub-section (1) of section 13, or to a Co
operative Housing Society of the occupants of such
rehabilitation area or occupants of any other area which
has been declared as Slum Rehabilitation Area;
(B) in sub-section (4), the following sub-section shall be
substituted, namely:–
(4) The Slum Rehabilitation Authority may, subject to such
terms and conditions as the State Government considers
expedient for securing the purposes of this Act, transfer by
way of lease such land to the Co-operative Housing
Societies of such occupants.”
(iii) in section 17,-
(A) or the words “Competent Authority”, wherever they
occur, the words, “Chief Executive Officer”, shall be
substituted
(B) for the words “Tribunal”, in both the places where it
occurs, the words “Special Tribunal” shall be substituted;
(iv) in section 18,-
(A) for the words “Competent Authority”, wherever they
occur, the words “Chief Executive Officer”, shall be
substituted
(B) for the words “Tribunal”, wherever it occurs, the words
“Special Tribunal” shall be substituted;
(v) in section 19, for the words “Competent Authority”, at both the
places where they occur, the words “Chief Executive Officer” shall
be substituted;
(vi) in section 20, including in the marginal note, for the words
“Competent Authority”, wherever they occur, the words “Chief
Executive Officer” shall be substituted;
(vii) in section 21, for the words “Competent Authority” the words
“Chief Executive Officer” shall be substituted;
(d) in Chapter VI,-
(i) sections 22, 23, 23A and 26 shall mutatis mutandis apply to the
slum rehabilitation area;
(ii) for sections 24 and 25, the following section shall be substituted,
namely:-
“24. Allotment of tenements to occupants,-
(1) Where an occupant of any premises in an area declared as a slum
rehabilitation area has vacated, or is evicted from such premises, on
the ground that, the premises are required for the purpose of
development under Slum Rehabilitation Scheme, such occupant may,
within such time as may be prescribed, file a declaration with the Slum
Rehabilitation Authority that he desired to be rehabilitated in that area
after its redevelopment under the said Scheme.
(2) On the receipt of such declaration, the Slum Rehabilitation Authority
shall register his declaration in the prescribed manner and on
completion of the development of the area and reconstruction of the
buildings in the said area under the Scheme, give notice to the
registered occupants by affixing it in some conspicuous part of the
building and sending it by post to the address which may have been
registered with the Slum Rehabilitation Authority by such occupants and
in such other manner as may be determined by the Slum Rehabilitation
Authority, that the building is likely to be or is ready for occupation from
a specified date, and that they should vacate transit accommodation, if
any, given to them, and occupy the building so erected within a period
specified in the notice.”;
(e) in Chapter VII,-
(i) in section 28, for the words “slum area” the words “slum
rehabilitation area” shall be substituted;
(ii) in section 34, for the words “slum area” in both the places
where they occur, the words “slum rehabilitation area” shall be
substituted;
(iii) [*****deleted by Mah. 11 of 2012*****]
(iv) in section 37, for the words “clearance area” the words “slum
rehabilitation area” shall be substituted;
(v) in section 38, in sub-section (1),-
(i) the words and figure “of the provisions of section 8 or”
shall be deleted;
(ii) for the words “clearance area” the words “slum
rehabilitation area” shall be substituted;
(vi) in section 41, after the words “Competent Authority” the words
“Slum Rehabilitation Authority” shall be inserted;
(vii) in section 42,-
(A) after the words “in respect of any matter which” the
words “the Slum Rehabilitation Authority”, shall be
inserted;
(B) for the word “Tribunal” the words “Special Tribunal”
shall be substituted;
(viii) in section 43, after the words “Competent Authority” the
words “Slum Rehabilitation Authority” shall be inserted;
(ix) in section 44, for the word “Tribunal” wherever it occurs, the
words “Special Tribunal” shall be substituted;
(x) in section 44 A,-
(A) in sub-section (2) for the word “Tribunal”, wherever it
occurs, the words “Special Tribunal” shall be substituted;
(B) in the marginal note, for the word “Tribunal” the words
“Special Tribunal” shall be substituted;
(xi) throughout section 45, including in the marginal note, for the
words “the Tribunal”, wherever they occur, the words “the Special
Tribunal” shall be substituted;
(xii) for section 47, the following section shall be substituted,
namely:-
“47. Cesser of corresponding laws,-
Where any area is declared to be a slum rehabilitation area then
as from the date of such declaration, the provisions of any
municipal law or other law, corresponding to the provisions of this
chapter, for slum development in relation to such slum
rehabilitation area, in force immediately before the said date shall,
save as otherwise provided in this Chapter, cease to be in force in
such slum rehabilitation area, but so long only as the said
declaration remains in force.”
3E. Restrictions on transfer of tenements,-
(1) The tenements allotted to the persons under the Slum Rehabilitation Scheme shall not be transferred by the allottee thereof by way of sale, gift, exchange, lease or otherwise for a period of first ten years commencing from the date of allotment of the tenement. After the expiry of the said period of ten years, the allottee may, with the permission of the Slum Rehabilitation Authority, transfer such tenement in accordance with the prescribed procedure.
(2) if the tenement is transferred by the allottee in contravention of the provisions of sub-section (1), the Competent Authority shall, by order direct the eviction of the person in possession of such tenement in such manner and within such time as may be specified in the order, and for the purpose of eviction, the competent Authority may use or cause to be used such force as may be necessary:
Provided that, before issuing any order under this sub-section, the Competent Authority shall give a reasonable opportunity to such person to show cause why he should not be evicted therefrom.
3F. Disqualification for membership and removal of members,-
(1) A person shall be disqualified for being nominated as a non-official member or continue to be such member, if he,—
(a) is an employee of the Slum Rehabilitation Authority except the Chief
Executive Officer;
(b) is of unsound mind and stands so declared by a competent Court;
(c) is an undercharged insolvent;
(d) is convicted for an offence involving moral turpitude;
(e) has, directly or indirectly by himself or by any partner, employer or
employee, any share or interest, whether pecuniary or of any other
nature, in any contract or employment with, by or on behalf of, the Slum
Rehabilitation Authority; or
(f) is a Director, Secretary, Manager or other Officer of any company,
which has any share or interest in any contractor employment with, by or
on behalf of, the Slum Rehabilitation Authority:
Provided that, a person shall not be disqualified under clause (e) or clause (f) by reason only of his or the company of which he is a Director, Secretary, Manager or other Officer, having a share or interest in,—
(i) any sale, purchase, lease or exchange of immovable property or any
agreement for the same;
(ii) any agreement for loan of money or any security for payment of
money only;
(iii) any newspaper in which any advertisement relating to the affairs of
the Slum Rehabilitation Authority is published;
(2) The Government may remove from the Slum Rehabilitation Authority any non-official member nominated by the Government, who in its opinion,-
(a) has been disqualified under sub-section (1);
(b) refuses to act;
(c) has so abused his position as a member as to render his continuance
on the Slum Rehabilitation Authority detrimental to the interest of the
public; or
(d) is otherwise unsuitable to continue as member.
(3) No order of removal under sub-section (2) shall be made unless the non-official member has been given an opportunity to submit his explanation to the Government, and when such order is passed the office of the member so removed shall be deemed to be vacant.
(4) A member who has been so removed under sub-section (3) shall not be eligible for reappointment as member or in any other capacity on the Slum Rehabilitation Authority.
3G. Meetings of Slum Rehabilitation Authority,-
(1) The Slum Rehabilitation Authority shall meet at such intervals, times and places as the Chairman may decide and shall, subject to the provisions of sub-section (2), observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum thereof) as may be laid down by regulations.
(2) A member, who is directly or indirectly concerned or interested in any contract. loan, arrangement or proposal entered into or proposed to be entered into, by or on behalf of the Slum Rehabilitation Authority shall, at the earliest possible opportunity, disclose the nature of his interest to the Slum Rehabilitation Authority when any such contract, loan, arrangement or proposal is discussed, unless his presence is required by the other members for the purpose of eliciting information, but no members so required to be present shall vote on any such contract, loan, arrangement or proposal:
Provided that, a member shall not be deemed to be concerned or interested as aforesaid by reason only of his being a shareholder of a company concerned in any such contract, loan, arrangement or proposal.
3H. Act not to be invalidated by vacancy, informality, etc.,-
No act done or proceedings taken under this Act by the Slum Rehabilitation Authority or committee appointed by the Slum Rehabilitation Authority, shall be invalidated merely on the grounds of,-
(a) any vacancy of a member or any defect in the constitution or
reconstitution of the Slum Rehabilitation Authority or a committee
thereof; or
(b) any defect or irregularity in the appointment of a person as member
of the Slum Rehabilitation Authority or of a committee thereof; or
(c) any defect or irregularity in such act or proceedings, not affecting the
substance.
3I. Officers and servants of Slum Rehabilitation Authority,-
(1) The Slum Rehabilitation Authority may appoint such officers and servants subordinate to the Chief Executive Officer as it considers necessary for the efficient performance of its duties and functions.
(2) The conditions of appointment and service of the Chief Executive Officer and his pay scale shall be such as may, by general or special order, be determined by the State Government.
(3) The conditions of appointment and service of officers and servants shall be such as may be laid down, from time to time, by regulations.
(4) Subject to the superintendence of the Slum Rehabilitation Authority, the Chief Executive Officer shall supervise and control all the officers and employees of the Slum Rehabilitation Authority.
3J. Authentication of orders, etc., of the Slum Rehabilitation Authority,-
All proceedings of the Slum Rehabilitation Authority shall be authenticated by the Chairman and all orders and instruments of the Slum Rehabilitation Authority shall be authenticated by the Chief Executive Officer or any other officer of the Slum Rehabilitation Authority as may be authorised in this behalf by regulations.
3K. Power of State Government to issue directions,-
(1) The State Government may issue to the Slum Rehabilitation Authority such general or special directions as to policy as it may think necessary or expedient for carrying out the purposes of this Act and the Slum Rehabilitation Authority shall be bound to follow and act upon such directions.
(2)(a) Without prejudice to the generality of the foregoing provision, if the State Government is of opinion that the execution of any resolution or order of the Authority is in contravention of, or in excess of, the powers conferred by or under this Act or any other law for the time being in force, or is likely to lead to abuse or misuse of or to cause waste of the Fund of the Authority, the State Government may, in the public interest, by order in writing, suspend the execution of such resolution or order. A copy of such order shall be sent forthwith by the State Government to the Authority and its Chief Executive Officer.
(b) On receipt of the order sent as aforesaid, the Authority shall be bound to follow and act upon such order.
3L. Application of Slum Rehabilitation Authority’s assets, etc,-
All property, fund and other assets vesting in the Slum Rehabilitation Authority shall be held and applied by it, for the purposes of this Act.
3M. Fund of Slum Rehabilitation Authority,-
(1) The Slum Rehabilitation Authority shall have and maintain its own fund, to which shall be credited,-
(a) all moneys received by the Slum Rehabilitation Authority from the State Government by way of grants, subventions, loans raised under this Act;
(b) all fees, costs and charges received by the Slum Rehabilitation Authority under this Act;
(c) all moneys received by the Slum Rehabilitation Authority from the disposal of lands, buildings and other properties, movable and immovable and other transactions.
(2) The Slum Rehabilitation Authority may keep current and deposit account with the Bank.
Explanation.— For the purposes of this sub-section, the expression “Bank” means,-
(i) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955);
(ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);
(iii) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980);
(iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) as may be approved by the State Government.
(3) Such accounts shall be operated by such officers of the Slum Rehabilitation Authority as may be authorised by it in this behalf.
(4) Notwithstanding anything contained in sub-sections (2) and (3), the Slum Rehabilitation Authority may keep on hand such sum as it thinks fit, for its day to day transactions, subject to such limits and conditions as may be prescribed.
3N. Grants, subventions, loans and advances to Slum Rehabilitation Authority,-
The State Government may, after due appropriation made by the State Legislature by law in this behalf, make such grants, subventions, loans and advances to the Slum Rehabilitation Authority as it may deem necessary for the performance of the functions of the Slum Rehabilitation Authority under this Act; and all grants, subventions, loans and advances made shall be on such terms and conditions as the State Government may determine.
3O. Financial Statement and programme of work,-
(1) The Slum Rehabilitation Authority shall, by such date in each financial year as may be prescribed, prepare and submit to the State Government for approval an annual financial statement and the programme of work for the succeeding financial year and the State Government may approve such financial statement and the programme of work of the Slum Rehabilitation Authority as submitted by the Slum Rehabilitation Authority or with such variations as the State Government thinks fit.
(2) The annual financial statement shall show the estimated receipts and expenditure during the succeeding financial year in such form and detail as may be prescribed.
(3) The Slum Rehabilitation Authority shall be competent to make variations in the approved programme of work in the course of the financial year provided that all such variations and reappropriations out of the sanctioned budget are brought to the notice of the State Government by a supplementary financial statement.
(4) A copy each, of the annual financial statement and the programme of work and the supplementary financial statement, if any, shall be placed before each House of the State Legislature as soon as may be after their receipt by the State Government.
3P. Accounts and Audit,-
(1) The Slum Rehabilitation Authority shall maintain books of accounts and other books in relation to the business and transaction in such form and in such manner as may be prescribed.
(2) The accounts of the Slum Rehabilitation Authority shall be audited by an Auditor appointed by the State Government in consultation with the Comptroller and Auditor General of India.
(3) Within nine months from the end of the financial year the Slum Rehabilitation Authority shall send a copy of the accounts audited together with a copy of the report of the Auditor thereon to the State Government.
(4) The State Government shall cause the accounts of the Slum Rehabilitation Authority together with the audit report thereon forwarded to it under sub-section (3) to be laid before each House of the State Legislature as far as possible before the expiry of the year next succeeding the year to which the accounts and the report relate.
3Q. Execution of Contracts, etc,-
Every contract or assurance of property on behalf of the Slum Rehabilitation Authority shall be in writing and executed by such authority or officer in such manner as may be provided by regulations;
3R. Default in performance of duty,-
(1) If the State Government is of the opinion that the Slum Rehabilitation Authority has made a default in the performance of any duty or obligation imposed or cast on it by or under this Act, the State Government may fix, a period for the performance of that duty or obligation and give-notice to the Slum Rehabilitation Authority accordingly.
(2) If the Slum Rehabilitation Authority fails or neglects to perform such duty or obligation within the period so fixed for its performance, it shall be lawful for the State Government to supersede and reconstitute the Slum Rehabilitation Authority as it deems fit.
(3) After the supersession of the Slum Rehabilitation Authority and Until it is reconstituted, the powers, duties and functions of the Slum Rehabilitation’ Authority under this Act shall be carried on by the State Government or by such officer or officers or body of officers as the State Government may appoint for this purpose from time to time.
(4) All property vested in the Slum Rehabilitation Authority shall, during the period of such supersession, vest in the State Government.
3S. Delegation of powers of Slum Rehabilitation Authority or Chief Executive Officer,-
The Slum Rehabilitation Authority or the Chief Executive Officer may, delegate any of the powers conferred on them by or under this Act, to any of the officers of the Slum Rehabilitation Authority and permit him to re-delegate such power to his subordinate, by general or special order in this behalf.
3T. Protection of action taken in good faith,-
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 rules or regulations made there under.
3U. Chairman, Members, Chief Executive Officer & Officers, etc. to be Public Servant,-
The Chairman, Members, Chief Executive Officer and officers and servants of the Slum Rehabilitation Authority, as the same may be, shall, while acting or purporting to act in pursuance of any of the provisions of this Act or rules or regulations made there under, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860).
3V. Power to make regulations,-
The Slum Rehabilitation Authority may make regulations consistent with this Act and the rules made there under for all or any of the matters to be provided under this Act by regulations and generally for all other matters for which provision is, in the opinion of the Slum Rehabilitation Authority, necessary for the exercise of its powers and the discharge of its functions under this Act.
3W. Dissolution of Slum Rehabilitation Authority,-
(1) Where the State Government is satisfied that the continued existence of the Slum Rehabilitation Authority is unnecessary, the Government may, by notification in the Official Gazette, declare that the Slum Rehabilitation Authority shall be dissolved with effect from such date as may be specified in the notification and the Slum Rehabilitation Authority shall be deemed to be dissolved accordingly and upon such dissolution the members (including the Chairman and the Chief Executive Officer) shall vacate their respective offices.
(2) From the said date,-
(a) all properties, funds and dues which are vested in, or realisable by, the Slum Rehabilitation Authority shall vest in, or be realisable by, the State Government;
(b) all liabilities which are enforceable against the Slum Rehabilitation Authority shall be enforceable against the State Government.
Chapter I-B
Protected Occupiers, Their Relocation and Rehabilitation
3X. Definitions,-
In this Chapter, unless the context otherwise requires:-
(a) “dwelling structure” means a structure used as a dwelling or otherwise and includes an out-house, shed, hut or other enclosure or structure, whether of bricks, masonry, wood, mud, metal or any other material whatsoever;
(b) “photo-pass” means an identity card-cum-certificate issued by the Government in the prescribed format under section 3Y, and shall include such other document or documents declared by Government, by order issued in this behalf, to be equivalent of photo-pass for the purposes of this Chapter.
(c) “protected occupier” means an occupier of a dwelling structure who holds a photo-pass;
(d) “scheme” means any arrangement or plan prepared and declared by the State Government for the protection, relocation and rehabilitation of the protected occupiers.
3Y. Issuance of photo-pass and maintenance of Register,-
(1) The Government or any officer generally or specially authorised by it in this behalf shall, after verifying certain documents or records, as may be prescribed, issue a photo-pass for the of this Act, in the prescribed format to the actual occupier of a dwelling structure, in existence on or prior to 1st January 1995.
(2) If the photo-pass issued under sub-section (1) is lost or destroyed or defaced, the holder of the photo-pass shall forthwith, intimate the loss, destruction or defacement, of the photo-pass to the concerned authority which has granted the photo-pass and shall apply, in writing, to the said authority with the prescribed fee for issue of a duplicate.
(3) On receipt of an application under sub-section (2), the authority shall, after verifying the records and carrying out such inquiry, if any, as deemed fit, issue a duplicate photo-pass to the applicant with a clear marking on such photo-pass as “Duplicate”.
(4) If after the issue of a duplicate photo-pass, the original is found, it shall be incumbent upon the applicant to forthwith surrender the same to the authority by which it was issued.
(5) The Government shall maintain in the prescribed form an upto-date Register of the photo-passes issued by it under sub-section (1).
3Z. Protection, relocation and rehabilitation of protected occupiers,-
(1) Notwithstanding anything contained in this Act, on and after the commencement of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Second Amendment) Act, 2001 (Mah. X of 2002), no protected occupier shall, save as provided in sub-section (2), be evicted, from his dwelling structure.
(2) When, in the opinion of the State Government, it is necessary, in the larger public interest, to evict the protected occupiers from the dwelling structures occupied by them, the State Government may, subject to the condition of relocating and rehabilitating them in accordance with the scheme or schemes prepared by the State Government in this behalf, evict them from such dwelling structures:
Provided that, if any of the protected occupiers does not comply with the terms and conditions of the scheme for relocation and rehabilitation, such occupier shall forfeit the claim for such relocation and rehabilitation and shall become liable for eviction without being relocated and rehabilitated.
3Z-1. Powers to Competent Authority to demolish unauthorised or illegal dwelling structures,-
(1) Where a Competent Authority, upon a complaint from any person or report from its officer or police or any other record or information in its possession, is satisfied that any unauthorised or illegal dwelling structure or part thereof has been constructed or any addition to the existing structure as recorded on photo-pass, has been erected, after the 1st January 1995, within the area of its jurisdiction, without obtaining necessary permissions required to be obtained in that behalf under the relevant laws, of the concerned statutory authorities, it shall forthwith serve upon the owner of such unauthorised or illegal dwelling structure or any other person claiming an interest therein and also upon the person who is in occupation of such structure, a written notice to show cause, within twenty four hours as to why an order of demolition of the structure could not be made.
(2) If the owner of such unauthorised or illegal dwelling structure or any other person claiming an interest therein or the occupier of such structure is, by any reason whatsoever, not available for serving or receiving the notice, such notice shall be affixed at a conspicuous place on such structure, and it will be deemed to be due service of notice on the concerned person or persons.
(3) The person or persons upon whom the notice has been served under sub-section (1) or (2), as the case may be, shall, within twenty-four hours appear before the Competent Authority and produce or cause to be produced by his agent or representative, the necessary documents to prove that the requisite statutory permission for construction, reconstruction, addition or extension, as the case may be, has been duly obtained by him and that the construction, re-construction, addition or extension is not unauthorised or illegal.
(4) The Competent Authority shall, thereupon, on scrutiny of documents, if any, produced by such person, on being satisfied that the dwelling structure, addition to it or extension thereof, is unauthorised or illegal, forthwith make an order, in writing, for demolition of such structure, immediately, and in any case not later than twenty-four hours from the time of making of the order, by such person:
Provided that, if the owner, or as the case may be, the person claiming an interest in the structure or the occupier of such structure or his agent or representative fails to appear before the Competent Authority, within the time specified in the notice, the structure shall be treated as unauthorised or illegal and the Competent Authority shall pass an order for its demolition.
(5) Where an order of demolition of such unauthorised or illegal dwelling structure is made under sub-section (4) or the proviso thereto, the owner of the structure or any other person claiming an interest therein or the person in occupation of such structure shall, immediately demolish that structure within twenty-four hours from the passing of the demolition order and if, the concerned person who is ordered to demolish the structure, fails to demolish such structure within that time, the Competent Authority shall forthwith demolish the structure and remove the debris with the help of its staff and the Police Officer from the area where such structure is situated, and sell the debris of such demolished structure to recover the expenses incurred by the Competent Authority for such demolition and removal of debris. If the expenses incurred are not satisfied out of the proceeds of sale of the debris of such structure, the same shall be recoverable from the owner of the structure or any other person claiming an interest therein or from the person who was in occupation of such structure, as arrears of land revenue.
3Z-2. Demolition of unauthorised or illegal dwelling structures and penal liability,-
(1) After the commencement of the Maharashtra Slum Areas (Improvement, Clearance and redevelopment) (Second Amendment) Act, 2001 (Mah. X of 2002), where a Competent Authority, upon a complaint from any person or report from its officer or police, or any other record or information in its possession, is satisfied that any unauthorised or illegal dwelling structure or part thereof has been constructed or is being constructed or any addition to the existing structure is erected or being erected, within the area of its jurisdiction, without obtaining necessary permissions required to be obtained in that behalf, under the relevant laws of the concerned statutory authorities, it shall forthwith serve upon the owner of such unauthorised or illegal dwelling structure or any other person claiming an interest therein and also upon the person who is in occupation of such Structure, a written notice to show cause, within twenty-four hours as to why an order of demolition of the structure should not be made.
(2) If the owner of such unauthorised or illegal dwelling structure or any other person claiming an interest therein or the occupier of such structure is by any reason whatsoever, not available for serving or receiving the notice, such notice shall be affixed at the conspicuous place on, such-structure, and it will be deemed to be due service of notice on the concerned person or persons.
(3) The person or persons upon whom the notice has been served under sub-section (1) or (2), as the case may be, shall, within twenty-four hours appear before the Competent Authority and produce or cause to be produced, by his agent or representative, the necessary documents to prove that the requisite statutory permission for construction, reconstruction, addition or extension, as the case may be, was duly obtained by him and that the construction, reconstruction, addition or extension is not unauthorised or illegal.
(4) The Competent Authority shall, thereupon, on scrutiny of documents, if any, produced by such person, on being satisfied that the dwelling structure, addition to it or extension thereof is unauthorised or illegal, it shall forthwith make an order, in writing, for demolition of such structure immediately, and in any case not later than twenty-four hours from the time of making of the order, by such person:
Provided that, if the owner, or as the case may be, the person claiming an interest in the structure or the occupier of such structure or his agent or representative fails to appear before the Competent Authority, within the time specified in the notice, the structure shall be treated as unauthorised or illegal and the Competent Authority shall pass an order for its demolition.
(5) Where an order of demolition of such unauthorised or illegal dwelling structure is made under Sub-section (4) or the proviso thereto, the owner of the structure or any other person claiming an interest therein or the person in occupation of such structure shall, immediately demolish that structure within twenty-four hours from the time of passing of the demolition order and if, the concerned person who is ordered to demolish the structure fails to demolish such structure within that time, the Competent Authority shall forthwith demolish the structure and remove the debris with the help of its staff and the police officer from the area where such structure is situated, and sell the debris of such demolished structure to recover the expenses incurred by the Competent Authority for such demolition and removal of debris. If the expenses incurred are not satisfied out of the proceeds of sale of the debris of such structure, the same shall, be recoverable from the owner of the structure or any other person claiming an interest therein or from the person who was in occupation of such structure, as arrears of land revenue.
(6) Notwithstanding anything contained in this Act, the owner of the unauthorised or illegal dwelling structure referred to in sub-section (1) or any other person responsible for construction of such unauthorised structure or who has aided or abetted the construction of such unauthorised or illegal structure or the person who is in the occupation of such structure with the knowledge that such structure is unauthorised or is illegally constructed, shall be guilty of an offence under this section and shall, on conviction, be punished with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than two thousand five hundred rupees but which may extend to five thousand rupees:
(7) Notwithstanding anything contained in this Act, the Competent Authority or any of its officer, who-
(i) has aided of abated the construction of illegal or unauthorised structure; or
(ii) has failed to demolish such structure as provided in sub-section (5) without any sufficient reason,
such act of commission or omission on their part shall constitute an offence under this section and shall, on conviction, be punished with imprisonment for a term which shall not be less than one year but which may extend to two years and with fine which shall not be less than two thousand five hundred rupees but which may extend to five thousand rupees:
Provided that, before initiating any action against the Competent Authority or any of its officer on the ground of aiding or abetting the construction of any unauthorised or illegal dwelling structure, or failure to carry out the duty of demolition of an unauthorised dwelling structure, a reasonable opportunity of being heard shall be given to him by the concerned Disciplinary Authority:
Provided further that, on prima facie case of commission of such offence being established against the Competent Authority or any of its officer, the concerned authority or officer may, pending prosecution, be suspended by the concerned Disciplinary Authority.
(8) The offences punishable under sub-section (6) shall be cognizable and non- bailable.
(9) It shall be binding on the occupant of a dwelling structure to forthwith produce the photo-pass for inspection as and when demanded by the Competent Authority or any officer specially authorised by it in this behalf or by any police officer who is competent to investigate the cognizable cases under the Code of Criminal Procedure, 1973 (2 of 1974), and non-production or failure on the part of such occupant to produce and photo-pass shall be sufficient ground or evidence for the police officer to take cognizance of an offence under this section:
Provided that, no such demand for inspecting of the photo-pass of any occupant shall be made by the Authority or its officer or the police officer, after sunset and before sunrise.
Chapter I-C
Special Provisions For In Situ Rehabilitation Housing Schemes For Protected Occupiers In Slum Areas
3Z-3. Definitions,-
In this Chapter, unless the context otherwise requires,-
(a) “Housing Committee” means a Housing Committee constituted under section 3Z-4;
(b) “housing scheme” means a scheme formulated and declared by the State Government or the Government of India, for the construction or re-construction of dwelling units or structures in the scheme area for providing basic amenities to the slum dwellers who are protected occupiers as defined in clause (a) of section 3X and their in situ rehabilitation in such scheme area;
(c) “scheme area” mean any area declared as the scheme area by the concerned Housing Committee, in the Official Gazette, for the purposes of this Chapter and shall include any area declared as the slum area under section 4;
(d) words and expressions used herein but not defined, shall have their respective meanings as assigned to them in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).
3Z-4. Constitution of Housing Committee,-
The State Government shall, for the purposes of this Chapter, by order, constitute the Housing Committee or Committees for each district, and the composition, and functions and powers and duties of such Housing Committee or Committees, as the case may be, shall be such as may be prescribed.
3Z-5. Development permission,-
(1) Under any housing scheme, the protected occupier in the scheme area may, after obtaining the permission of the Planning Authority, in the prescribed manner, construct or re-construct a dwelling structure as per the terms and conditions of the housing scheme.
(2) Notwithstanding anything contained in this Act or any other law for the time being in force, the Planning Authority or the concerned Housing Committee, as the case may be, may relax, the provisions of the Development Plan or Regional Plan, including the Development Control Rules or Regulations, wherever found necessary in regard to any development or redevelopment under a housing scheme:
Provided that, no such relaxation shall be made without first obtaining in writing, the concurrence of the Director, Town Planning, Maharashtra State or an officer authorised by him in this behalf.
(3) The Housing Committee may also carry out such other incidental or connected functions and duties as may be assigned to it by the State Government, from time to time by special or general orders issued in this behalf, not inconsistent with the provisions of this Act.
(4) Notwithstanding anything contained in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), no development charges or any other fee shall be payable to the Planning Authority under the said Act, for any development undertaken in respect of a housing scheme, as may be notified from time to time, by the State Government under this Act.
3Z-6. Provisions of this Chapter not to apply in certain areas,-
Notwithstanding anything contained this Act, nothing in this Chapter shall apply to the,-
(a) Scheduled areas, declared as such by the President of India by an order under paragraph 6 of the Fifth Schedule to the Constitution of India;
(b) forest area to which the Forest (Conservation) Act, 1980 (69 of 1980) applies; ..
(c) Coastal Regulation Zone as declared under clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986);
(d) Eco-Sensitive Zones or Ecologically Fragile Areas as declared under sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986);
(e) Hill Stations as notified by the State Government;
(f) Special Tourism Areas, as declared as such by the Central or State Government;
(g) Lands belonging to the Central Government or any entity thereof unless the same is voluntarily offered for the housing scheme;
(h) any slum area which, in the opinion of the State Government or the concerned Housing Committee, is unsuitable for human habitation or to which it would not be in the public interest to apply the provisions of this Chapter.
3Z-7. Control by State Government,-
The authority exercising the powers under sub-section (2) of section 3Z-5 shall furnish to the State Government such reports, returns and other information as the State Government may, from time to time, require.
Chapter II
Slum Areas
- Declaration of Slum Areas,-
(1) Where the Competent Authority is satisfied that-
(a) any area is or may be a source of danger to the health, safety or convenience of the public of that area or of its neighborhood, by reason of the area having inadequate or no basic amenities, or being in sanitary, squalid, overcrowded or otherwise; or
(b) the buildings in any area, used or intended to be used for human habitation are-
(i) in any respect, unfit for human habitation; or
(ii) by reasons of dilapidation, overcrowding, faulty arrangement and design of such buildings, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities or any combination of these factors, detrimental to the health, safety or convenience of the public of that area,
the Competent Authority may, by notification in the Official Gazette, declare such area to be a slum area. Such declaration shall also be published in such other manner (as will give due publicity to the declaration in the area) as may be prescribed.
Explanation.— For the purposes of clause (b), the expression “buildings” shall not include,-
(a) cessed buildings in the island City of Mumbai as defined in clause (7) of section 2 of the Maharashtra Housing and Area Development Act, 1976 (Mah. XXVIII of 1977), or old buildings belonging to the Corporation;
(b) buildings constructed with permission of the relevant authority at any point of time;
(c) any building in an area taken up under the Urban Renewal Scheme.
(2) In determining whether buildings are unfit for human habitation for the purposes of this Act, regard shall be had to the condition thereof in respect of the following matters, that is to say,-
(a) repairs;
(b) stability;
(c) freedom from damp;
(d) natural light and air;
(e) provision for water-supply;
(f) provision for drainage and sanitary conveniences;
(g) facilities for the disposal of waste water;
and the building shall be deemed to be unfit as aforesaid, if and only if, it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition.
(3) Any person aggrieved by a declaration made under sub-section (1) may, within thirty days after the date of such declaration in the Official Gazette, appeal to the Tribunal. No such appeal filed after the expiry of thirty days as aforesaid shall be entertained.
(4) When an appeal is presented under sub-section (3), the Tribunal shall, by a public notice published in a newspaper in the Marathi language circulating in the local area in which the slum area is situated and also displayed at some conspicuous place in the slum area, call upon the residents of the slum area to file their objection, if any, to the appeal within a period of fifteen days from the date of publication of such public notice in the news paper as aforesaid, either by themselves or through any association of residents in the slum area of which they are members.
(5) On expiry of the period, of fifteen days as aforesaid the Tribunal shall fix a day for hearing the appeal and inform the appellant about the same by letter under certificate of posting and the residents of the slum area by displaying the notice of hearing at some conspicuous place in the slum area and upon hearing the appellant and the residents or representative of their associations in the slum area, if present, or on considering the written objection, if any, made by such residents or association, if absent, the Tribunal may, subject to the provisions of sub-section (6), make an order either confirming, modifying or rescinding the declaration; and the decision of the Tribunal shall be final.
Explanation.— For the purposes of sub-section (4) and this sub-section, the expression “any association of residents in the slum area” means a society, if any, of such residents registered under the Societies Registration Act, 1860 (XXI of 1860) or under the Maharashtra Co-operative Societies Act, 1960 (Mah XXI of 1961).
(6) While deciding the appeal the Tribunal shall ignore the works of improvement executed in such slum area by any agency of the Government or any local authority after the declaration thereof as such slum area by the Competent Authority under sub-section (1).
4A. Certain slum improvement areas deemed to be slum areas,-
(1) Any declaration made under section 26 of the Maharashtra Slum Improvement Board Act, 1973 (Mah. XXIII of 1973), declaring any area to be slum improvement area, and in force immediately before the date of commencement of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Amendment) Act, 1976 (Mah. XX of 1976) (hereinafter in this section referred to as “the said date”) shall, on and from the said date, be deemed to be a declaration made under section 4 of this Act declaring the same area to be a slum area for the purposes of this Act.
(2) Any person aggrieved by the provisions of sub-section (1) may, within thirty days from the said date, appeal to the Tribunal functioning under this Act.
(3) On such appeal, the Tribunal may make an order either confirming, modifying or rescinding the declaration; and the decision of the Tribunal shall be final.
Chapter III
Slum Improvement
5 Power of Competent Authority of execution of works of improvement,-
(1) Where the Competent Authority is satisfied that any slum area or any part thereof is capable of being improved, at a reasonable expense, so as not be a source of danger to the health, safety or convenience of the public of that area, it may serve upon the owner or owners and every mortgagee of the properties in that area or any part thereof, a notice informing them of its intention to carry out such improvement works as in its opinion are necessary and asking each of them to submit his objections or suggestions, if any, to the Competent Authority, within thirty days from the date of such notice. A copy of such notice shall also be displayed at some conspicuous places in the area for the information of the occupies thereof and for giving them also an opportunity to submit their objections or suggestions, if any. On such display of the notice, the owners, occupiers and all other persons concerned shall be deemed to have been duly informed of the matters stated therein.
(2) After considering the objections and suggestions received within the time aforesaid, from the owners, occupiers and other persons concerned, the Competent Authority may decide and proceed to carry out the improvement works with or without modifications or may postpone them for a certain period or cancel the intention to undertake the works.
5A. Improvement works,-
For the purpose of this Act, the improvement works may consist of all or any of the following:-
(a) laying of water mains, sewers and storm water drains;
(b) provision of urinals, latrines, community baths, and water taps;
(c) widening, realigning or paving of existing roads, lanes and pathways and constructing new roads, lanes and pathways;
(d) providing street lighting;
(e) cutting, filling, leveling and landscaping the area;
(f) partial development of the area with a view to providing land for unremunerative purposes such as parks, playgrounds, welfare and community centers, schools, dispensaries, hospitals, police stations, fire stations and other amenities run on a non-profit basis:
(g) demolition of obstructive or dilapidated buildings or portions of buildings;
(h) any other matter for which, in the opinion of the Competent Authority, it is expedient to make provision for preventing the area from being or becoming a source of danger to safety or health or a nuisance.
5B. Power of competent Authority to require occupiers to vacate premises,-
(1) Where the Competent Authority undertakes the improvement works in any area and is of opinion that any of the occupiers thereof should vacate their premises, it shall give them notice to vacate by a specified date or dates. It may as far as practicable offer such occupiers alternative sites in any other area. If any occupier fails to vacate and to shift to the alternative site offered to him within the specified period, the responsibility of the Competent Authority to provide him alternative site shall cease.
(2) Notwithstanding anything contained in this Act, where any occupiers does not vacate his premises, the Competent Authority may take or cause to be taken such steps and use or cause to be used such force as may be reasonably necessary for the purpose of getting the premises vacated.
(3) The Competent Authority may, after giving fifteen clear days’ notice to the persons removed under sub-section (2) and affixing a copy thereof in some conspicuous place in the area, remove or cause to be removed or dispose of by public auction any property remaining on the premises.
(4) Where the property is sold under sub-section (3), the sale proceeds shall after deducting the expenses of sale, be paid to such person or persons as may be entitled to the same:
Provided that, where the Competent Authority is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, it shall refer such dispute to a Civil Court of competent jurisdiction and the decision of the Court shall be final.
5C. Power of Competent Authority to require improvement of buildings unfit for human habitation and of areas which are source of danger to public health etc,-
(1) Where the Competent Authority, upon report from any of its officers or other information in its possession, is satisfied that any buildings in a slum area are in any respect unfit for human habitation, or any slum area or part thereof is or is likely to be a source of danger to the health, safety or convenience of the public in that area or in its neighborhood by reason of the area having no basis amenities or having inadequate amenities or being in sanitary, squalid, overcrowded or otherwise a source of such danger, the Competent Authority may, unless in its opinion the buildings or the area are not capable at a reasonable expense of being rendered so fit or free from such danger, serve upon the owners of the buildings or lands in the area a notice requiring them, within such time, which shall not be less than thirty days, as may be specified in the notice, to execute such works of improvement, either within or outside the buildings or the area, as may be specified in the notice, and stating that in the opinion of the Authority those works will render the buildings or the area fit for human habitation or free from such danger, as the case may be.
(2) In addition to serving a notice under this section on the owners, the Competent Authority may serve copy of the notice on every mortgagee of the building or land so far as it is reasonably practicable to ascertain such persons and further a copy of such notice shall also be displayed at some conspicuous place in the slum area for the information of the occupiers thereof. Such display of the notice shall be conclusive proof that the owners, occupiers and other persons concerned have been duly informed of the matter stated in the notice.
(3) In determining for the purposes of this Act whether the buildings can be rendered fit for human habitation or the area can be rendered free from danger aforesaid, at reasonable expense, regard shall be had to the estimated cost of the works necessary for these purposes and the value which it is estimated that the buildings or lands will have when the works are completed.
- Enforcement of notice requiring execution of works of improvement,-
(1) If a notice under section 5C requiring the owners of the buildings or of the lands as the case may be, to execute works of improvement is not complied with, then, after the expiration of the time specified in the notice, the Competent Authority may itself do the works required to be done by the notice.
(2) All expenses incurred by the Competent Authority under this section, together with interest, at such rate as the State Government may by order fix, from the date when a demand for the expenses is made until payment, may be recovered by the Competent Authority from the owners of the buildings or of the lands, as the case may be, as arrears of land revenue:
Provided that, if any owner proves that he-
(a) is receiving the rent merely as agent or trustee for some other person; and
(b) has not in his hands on behalf of that other person sufficient money to satisfy the whole demand of the Authority, his liability shall be limited to the total amount of the money which has in his hands aforesaid.
- Expenses of maintenance of works of improvement to be recoverable from occupiers,-
Where works of improvement have been executed in any slum area or in relation to any building or buildings in a slum area, in pursuance of the provisions of sections 5, 5C and 6, any expenses incurred by the Competent Authority or, as the case may be, any local authority, in connection with the maintenance of such works or the enjoyment of amenities and conveniences rendered possible by such works, shall be recoverable from the occupiers of the area or of buildings concerned as service charges; and if the amount due is not paid within the time specified, it shall be recoverable from the occupier concerned as arrears of land revenue.
- Restriction on buildings etc. in slum areas,-
(1) The Competent Authority may, by notification in the Official Gazette (and also published in such other manner as may be prescribed), direct that no person shall erect any building in a slum area except with the previous permission in writing of the Competent Authority.
(2) Every notification issued under sub-section (1) shall cease to have effect on the expiration of two years from the date thereof, or such extended period or periods not exceeding a further five years as the State Government may by notification in the Official Gazette (and also published in such other manner as may be prescribed) from time to time specify in this behalf, except as respect things done or omitted to be done before such cesser.
(3) Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the Competent Authority in such form and containing such information in respect of the erection of the building to which the application relates as may be prescribed.
(4) On receipt of such application, the Competent Authority, after making such inquiry as it considers necessary, shall, by order in writing-
(a) either grant the permission subject to such terms and conditions, if any, as may be specified in the order; or
(b) refuse to grant such permission:
Provided that, before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused.
(5) Nothing contained in sub-section (1) shall apply to-
(a) any works of improvement required to be executed by a notice under sub-section (1) of section 5 or of section 5C; or in pursuance of an undertaking given under sub-section (2) of section 9; or
(b) the erection of any building in any area in respect of which a slum clearance order has been made under section 12.
- Power of Competent Authority to order demolition of buildings unfit for human habitation,-
(1) Where a Competent Authority upon a report from any of its officers, or other information in its possession is satisfied, that any building in a slum area is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, it shall serve upon the owner of the building and upon any other person having an interest in the building, whether as lessee, mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.
(2) If any of the persons upon whom a notice has been served under sub-section (1) appears in pursuance thereof before the Competent Authority and gives an undertaking to the Authority that such person shall within a period specified by the Authority execute such works of improvement in relation to the buildings as will in the opinion of the Authority render the building fit for human habitation or that it shall not be used for human habitation until the Authority on being satisfied that it has been rendered fit for that purpose cancels the undertaking, the Authority shall not make any order of demolition of the building.
(3) If no such undertaking as is mentioned in sub-section (2) is given, or if in a case where any such undertaking has been given any work of improvement to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the Competent Authority shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days, from the date of the order, and that it shall be demolished within six weeks after the expiration of that period:
Provided that, before any such order is made, the Competent Authority shall as far as practicable secure accommodation in advance for housing the occupiers who may be dishoused as a result of such demolition.
- Procedure to be followed where demolition order has been made,-
(1) Where an order for demolition of a building under section 9 has been made, the owner of the building or any other person having an interest therein shall demolish the building within the time specified in that behalf by the order; and if the building is not demolished within that time, the Competent Authority shall enter and demolish the building and sell the materials thereof.
(2) Any expenses incurred by the Competent Authority under sub-section (1), if not satisfied out of the proceeds of sale of materials of the building, shall be recoverable from the owner of the building or any other person having an interest therein as arrears of land revenue.
10A. Power of Competent Authority to entrust improvement and other works,-
In any slum area, the Competent Authority may, with the previous approval of the State Government and on such terms and conditions as may be agreed upon, entrust to any agency recognised by it for the purpose,–
(a) the execution, under its own supervision, of any improvement, clearance or redevelopment works;
(b) the maintenance or repairs of any such works under its control;
(c) the work of collection of service charges recoverable by and due to it.
Chapter IV
Slum Clearance And Redevelopment
- Power to declare any slum area to be a clearance area,-
(1) Where the Competent Authority, upon a report from any of its officers or other information in its possession, is satisfied as respects any slum area, that the most satisfactory method of dealing with the conditions in the area is the demolition of all the buildings in the area, the Authority shall cause that area to be defined on a map in such manner as to exclude from the area any building which is not unfit for human consumption or dangerous or injurious to health, and then it shall, by an order notified in the Official Gazette, declare the area so defined to be a clearance area, that is to say, an area to be cleared of all buildings in accordance with the provisions of this Act. The order shall also be given wide publicity in such manner as may be prescribed.
(2) Before any area is declared to be a clearance area, the Competent Authority shall satisfy itself as to the sufficiency of its resources, and ascertain the number of persons who are likely to be dishoused in such area, and thereafter, to take such measures as are practicable whether by the arrangement of its programme or by securing as far as practicable such accommodation in advance of displacements which will from time to time become necessary as the demolition of buildings in the area, or in different parts thereof proceeds, or in any other manner so as to ensure that as little hardship as possible is inflicted on those dishoused. The State Government may, subject to the provisions of Chapter V, and subject to the condition of previous publication, make rules for the purpose of carrying out the provisions of this sub-section; and without prejudice to the generality of this provision, Such rules may provide for ascertaining the number and names of persons who on a date to be specified by the Competent Authority were occupying the buildings comprised in the clearance area, for the location of the accommodation either temporary or permanent and extent of floor areas to be provided to those who are dishoused, for occupying the building after it is re-erected, for rent to be paid for the temporary accommodation provided to those who are dishoused, the circumstances in which persons provided with temporary accommodation may be evicted, and for purposes connected with the matter aforesaid. The provisions of sub-section (2) of section 46 shall apply in relation to rules made under this section as they apply to rules made under that section.
(3) The Competent Authority shall forthwith transmit to the Administrator a copy of the declaration under this section, together with a map and statement of the number of persons who, on the date specified by the Competent Authority under sub-section (2),were occupying buildings comprised in the clearance area.
- Clearance order,-
(1) As soon as may be after the Competent Authority has declared any slum area to be a clearance area, it shall make a clearance order in relation to that area, ordering the demolition of each of the buildings specified therein, and requiring each such building to be vacated within such time as may be specified in the clearance order, and shall submit the clearance order to the Administrator for confirmation.
(2) The Administrator may either confirm the clearance order in whole or subject to such variations as he considers necessary; or reject the clearance order.
(3) As soon as a clearance order is confirmed the Administrator shall publish a notice in such manner as may be prescribed, stating that the clearance order has been confirmed and naming a place where a copy of the clearance order confirmed and of the map referred to therein may be seen at all reasonable hours.
(4) Any person aggrieved by the clearance order of the Administrator may, within six weeks of the publication of the notice of the confirmation of the clearance order prefer an appeal to the Tribunal; and the decision of the Tribunal shall be final.
(5) Where any such appeal is duly made,-
(i) the Tribunal or the President may, by interim order, suspend the operation of the clearance order either generally, or in so far as it affects any property, until the final determination of the appeal; and
(ii) the Tribunal if satisfied upon hearing of the appeal that the clearance order is not within the powers of this Act, or that the interest of the appellant have been substantially prejudiced, by any requirement of this Act not having been complied with, may quash the clearance order either generally, or in so far as it affects any property of the appellant.
(6) Subject to the provisions of the last preceding sub-section, the clearance order shall become operative at the expiration of six weeks from the date on which the notice of confirmation of the clearance order is published in accordance with the provisions of this Act.
(7) When a clearance order has become operative, the owners of the buildings to which the clearance order applies shall demolish the buildings before the expiration of six weeks from the date on which the buildings are required by the clearance order to be vacated, or before the expiration of such longer period as in the circumstances of the case, the Competent Authority may deem reasonable.
(8) If the buildings are not demolished before the expiration of the period mentioned in sub-section (7), the Competent Authority may enter and demolish the buildings and sell the material thereof.
(9) Any expenses incurred by the Competent Authority in demolishing any buildings, after giving credit, for any amount realised by the sale of materials, may be recovered by the Competent Authority from the owner of the building or any person having interest therein as arrears of land revenue; and any surplus in the hands of the Competent Authority shall be paid by it to the owner of the building, or if there are more than one owner, shall be paid as those owners agree. In default of agreement between the owners, the Competent Authority shall deposit the surplus amount in Greater Bombay, in the Bombay City Civil Court, and elsewhere, in the District Court; and the decision of the Principal Judge, or as the case may be, the District Judge, on the question of distributing the surplus between the owners, shall be final.
(10) Subject to the provisions of this Act, and of any other law for the time being in force in relation to town planning and to the regulation of the erection of buildings where a clearance order has become operative, the owner of the land to which the clearance order applies, may redevelop the, land in accordance with the plans approved by the Competent Authority, and subject to such restrictions and conditions (including a condition with regard to the time within which the redevelopment, shall be completed), if any, as that Authority may think fit to impose:
Provided that an owner who is aggrieved by a restriction or condition so imposed on the user of his land, or by a subsequent refusal of the Competent Authority to cancel or modify any such restriction or condition may, within such time as may be prescribed, appeal to the Tribunal and its decision shall be final.
(11) No person shall commence or cause to be commenced any work in contravention of a plan approved or a restriction or condition imposed under sub-section (10).
- Power of Competent Authority to redevelop clearance area,-
(1) Notwithstanding anything contained in sub-section (1) of section 12 the Competent Authority may, at any time after the land has been cleared of buildings in accordance with a clearance order, but before the work of redevelopment of that land has been commenced by the owner, by order, determine to redevelop the land at its own cost, if that Authority is satisfied that it is necessary in the public interest to do so.
(2) Where land has been cleared of the buildings in accordance with a clearance order, the Competent Authority, if it is satisfied that the land has been, or is being, redeveloped by the owner thereof in contravention of plans duly approved, or any restrictions or conditions imposed under sub-section (10) of section 12, or has not been redeveloped within the time, if any, specified under such conditions, may, by order, determine to redevelop the land at its own cost:
Provided that, before passing such order, the owner shall be given a reasonable opportunity of showing cause why the order should not be passed.
Chapter V
Acquisition Of Land
- Power of State Government to acquire land,-
(1) Where on any representation from the Competent Authority it appears to the State Government that, in order to enable the Authority to execute any work of improvement or to redevelop any slum area or any structure in such area, it is necessary that such area, or any land within, adjoining or surrounded by any such area should be acquired, the State Government may acquire the land by publishing in the Official Gazette, a notice to the effect that the State Government has decided to acquire the land in pursuance of this section:
Provided that, before publishing such notice, the State Government, or as the case may be, the Competent Authority may call upon by notice the owner of, or any other person who, in its or his opinion may be interested in, such land to show cause in writing why the land should not be acquired with reasons therefore, to the Competent Authority within the period specified in the notice; and the Competent Authority shall, with all reasonable dispatch, forward any objections so submitted together with his report in respect thereof to the State Government and on considering the report and the objections, if any, the State Government may pass such order as it deems fit.
(1A) The acquisition of land for any purpose mentioned in sub-section (1) shall be deemed to be a public purpose.
(2) When a notice as aforesaid is published in the Official Gazette, the land shall on and from the date on which the notice is so published vest absolutely in the State Government free from all encumbrances.
- Power of Collector to require person in possession of land to surrender or deliver possession thereof to him, etc,-
(1) Where any land is vested in the State Government under sub-section (2) of section 14, the Collector may, by notice in writing order any person who may be in possession of the land to surrender or deliver possession thereof to him, or to any person duly authorised by him in this behalf, within thirty days of the service of the notice.
(2) If any person fails or refuses to comply with an order under sub-section (1), the Collector or such authorised person may take possession of the land, and may for that purpose use such force as may be reasonably necessary.
(3) Where any land is taken possession of as aforesaid, the Collector shall make that land available to the Competent Authority and thereupon the Competent Authority may,-
(a) itself carry out any order of demolition or execution of the work of improvement or of redevelopment; or
(b) entrust, in accordance with the provisions of section 10 A, the work of improvement or other works referred to in that section to any other agency including the Maharashtra Housing and Area Development Authority constituted under the Maharashtra Housing and Area Development Act, 1976 (Mah. XXVII of 1977) , or to a Co-operative Housing Society of the occupants on such land or occupants of any other area which has been declared as slum area under section 4.
(4) The State Government or the Collector, with the previous approval of the State Government, may, subject to such terms and conditions, as the State Government considers expedient for securing the purposes of this Act, transfer by way of lease such land with or without the improvement and other works carried out thereon, to the Co-operative Housing Societies of such occupants.
15A. Vesting of land under Slum Rehabilitation Scheme,-
(1) Notwithstanding anything contained in this Act or any other law for the time being in force, on completion of rehabilitation component of the Slum Rehabilitation Scheme implemented on the plot of land belonging to the State Government, the Municipal Corporation, the Municipal Council or the Maharashtra Housing and Area Development Authority, as the case may be, duly sanctioned by the Slum Rehabilitation Authority, the Chief Executive Officer of the Slum Rehabilitation Authority, after consultation with the land owning Authority, shall declare, within thirty days from the completion of the rehabilitation component of the Scheme, by a notification in the Official Gazette, that such land shall vest in the Slum Rehabilitation Authority:
Provided that, the provisions of this section shall apply to the Slum Rehabilitation Scheme situated within the jurisdiction of the Brihan Mumbai only if, the Slum Rehabilitation Authority has obtained no objection as envisaged under regulation 33(10) and clause 2.8 of the Appendix IV appended to the Development Control Regulations for Brihan Mumbai, 1991.
(2) The State Government, the Municipal Corporation, the Municipal Council or the Maharashtra Housing and Area Development Authority, as the case may be, shall, in respect of the Slum Rehabilitation Scheme under sub-section (1), be entitled to receive from the Slum Rehabilitation Authority a compensation as determined under section 17.
(3) The Slum Rehabilitation Authority shall recover the amount of compensation paid by it under sub-section (2), from the Developer of the Slum Rehabilitation Area or from the person in whose favour it executes the lease of such land.
(4) The Slum Rehabilitation Authority, subject to such terms and conditions as it may consider expedient for securing the purposes of this Act, shall lease that part of the land on which rehabilitation component of the Slum Rehabilitation Scheme has been constructed, to the Co-operative Society of the slum dwellers on thirty years’ lease at such annual lease rent as may be prescribed from time to time, and such lease shall be renewable for a further period of thirty years on the same terms and conditions.
(5) The Slum Rehabilitation Authority, subject to such terms and conditions as it may consider expedient for securing the purposes of this Act, shall lease that part of land on which free sale component of the Slum Rehabilitation Scheme shall be constructed, or is being constructed, to the Developer of such Scheme or to the Organisation or Association or Company or Co-operative Society formed by the purchasers of such free sale area on thirty years’ lease at such annual lease rent as may be prescribed from time to time, and such lease shall be renewable for a further period of thirty years on the same terms and conditions.
- Right to receive compensation,-
Every person having any interest in any land acquired under this Act shall be entitled to receive from the State Government compensation as provided hereafter in this Act.
- Basis for determination of compensation,-
(1) Where any land is acquired and vested in the State Government under this Chapter, the State Government shall pay for such acquisition compensation, the amount of which the determined in accordance with the provisions of this section.
(2) Where the amount of compensation has been determined by agreement between the State Government or as the case may be, the Collector and the person to be compensated, it shall be determined in accordance with such agreement.
(3) Where no such agreement can be reached, the amount payable as compensation in respect of any land acquired shall be an amount equal to sixty times the net average monthly income actually derived from such and during the period of the five consecutive years immediately preceding the date of publication of the notice referred to in section 14.
(4) The net average monthly income referred to in sub-section (3) shall be calculated in the manner and in accordance with the principles set out in the First Schedule.
(5) The Competent Authority shall, after holding an enquiry in the prescribed manner, determine in accordance with the provisions of sub-section (4) the net average monthly income actually derived from the land, and publish a notice in a conspicuous place on the land and serve it in the manner provided in section 36 and calling upon the owner of the land and every person interested therein the intimate to it, before a date specified in the notice, whether such owner or person agrees to the amount so determined and if he does not so agree, what, amount the claims to be the net average monthly income actually derived from the land.
(6) Any person who does not agree to the amount of the net average monthly income determined by the Competent Authority under sub-section (5), and claims a sum in excess of that amount may prefer an appeal to the Tribunal within thirty days from the date specified in the notice referred to in that sub-section.
(7) On appeal, the Tribunal shall, after hearing the appellant, determine the net average monthly income and its determination shall be final and shall not be questioned in any court of law.
(8) Where there is any building on the land in respect of which the net average monthly income has been determined, no separate compensation shall be paid in respect of such building:
Provided that, where the owner of the land and the owner of the building on such land are different, the Competent Authority shall apportion the amount of compensation between the owner of the land and the owner of the building in the same proportion as the market price of the land bears to the market price of the building on the date of the acquisition.
- Apportionment of compensation.-
(1) Where several persons claim to be interested in the amount of compensation determined under section 17, the Competent Authority shall determine the person who in its opinion are entitled to receive compensation, and the amount payable to each of them.
(2) If any dispute arises as to the apportionment of compensation or any part thereof, or as to the person to whom the same or any part thereof is payable, the Competent Authority may refer the dispute to the decision of the Tribunal; and the Tribunal in deciding any such dispute shall follow the provisions of Part III of the Land Acquisition Act, 1894 (I of 1894) and the decision of the Tribunal on the dispute shall be final and shall not be called in question in any Court or before any authority.
- Payment of compensation or deposit of the same in court,-
(1) After the amount of compensation has been determined, the Competent Authority shall, on behalf of the State Government, tender payment of, and pay the compensation to the persons entitled thereto.
(2) If the persons entitled to compensation do not consent to receive it, or if there be any dispute as to the title to receive compensation or as to the amount thereof, the Competent Authority shall deposit the amount of the Compensation in Greater Bombay, in the Bombay City Civil Court, and elsewhere in the Court of the District Judge, and that Court shall deal with the amount so deposited in the manner laid down in sections 32 and 33 of the Land Acquisition Act, 1894 (I of 1894).
- Power of competent Authority in relation to determination of compensation etc,-
(1) The Competent Authority may, for the purposes of determining the amount of compensation or apportionment thereof, require by order any person to furnish such relevant information in his possession as my be specified in the order.
(2) The Competent Authority shall, while holding an enquiry under section 17, have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters, 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) reception of evidence on affidavit;
(d) requisitioning any public record from any court or office;
(e) issuing commissions for examination of witnesses.
- Payment of interest,-
When the amount of compensation is not paid or deposited on or before taking possession of the land the Competent Authority on behalf of the State Government shall pay the amount of compensation determined with interest thereon from the time of so taking possession until the amount shall have been so paid or deposited at such rate (not being less than 4 per cent per annum) as the State Government may by order fix.
Chapter VI
Protection Of Occupiers In Slum Areas From Eviction And Distress Warrants
- Proceedings for eviction of occupiers or for issue of distress warrants not to be taken without permission of competent Authority,-
(1) Notwithstanding anything contained in any other law for the time being in force, no person shall except with the previous permission in writing of the Competent Authority,-
(a) institute, after commencement of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971) , any suit or proceeding for obtaining any decree or order for the eviction of any occupier from any building or land in a slum area or for recovery of any arrears of rent or compensation from any such occupier, or for both; or
(b) when any decree or order is obtained in any suit or proceeding instituted before such commencement for the; eviction of an occupier from any building or land in such area or for recovery of any arrears of rent of compensation from such occupier, or for both execute such decree or order; or
(c) apply to any Judge or the Registrar of the Small Cause Court under Chapter VIII of the Presidency Small Cause Courts Act, 1882 (XV of 1882), in its application to the State of Maharashtra, or to any Court of Small Causes under Chapter IV-A of the Provincial Small Cause Courts Act, 1887 (IX of 1887), in its application to the State of Maharashtra, for a distress warrant for arrears of rent against any occupier of a house or premises in a slum area.
(1A) Notwithstanding anything contained in sub-section (1) as in force before the commencement of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Second Amendment) Act, 1986 (Mah. II of 1887) (hereinafter in this section referred to as “the amendment Act”) or in any other law for the time being in force, no person shall, except with the previous permission in writing of the Competent Authority,-
(a) execute any decree or order obtained in any suit or proceeding instituted during the period commencing from the 30th day of September 1985 being the date of the expiry of the Maharashtra vacant Lands (Further Interim Protection to Occupiers from Eviction and Recovery of Arrears of Rent) Act, 1980 (Mah. XVI of 1980) and the date of commencement of the amendment Act, for eviction of an occupier from any building or land in a slum area (which area was earlier purported to be covered by the definition of “Vacant land” in clause (f) of section (2) of the Maharashtra Vacant Lands (Prohibition of Unauthorised Occupation and Summary Eviction) Act, 1975 (Mah. LXVI of 1975) or for recovery of any arrears of rent or compensation from such occupier, or for both; or
(b) apply to any Judge or the Registrar of the Small Cause Court under Chapter VIII of the Presidency Small Cause Courts Act, 1882 (XV of 1882), in its application to the State of Maharashtra, or to any Court of Small Causes under Chapter IV-A of the Provincial Small Cause Courts Act, 1887 (IX of 1887), in its application to the State of Maharashtra, for a distress warrant for arrears of rent against any such occupier of a house or premises in any such slum area.
(2) Every person desiring to obtain the permission referred to in sub-section (1) or (1A) shall make an application in writing to the Competent Authority in such form and containing such particulars as may be prescribed.
(3) On receipt of such application, the Competent Authority, after giving an opportunity to the parties of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit, shall, by order in writing, either grant or refuse to grant such permission.
(4) In granting or refusing to grant the permission under clause (a) or (b) of sub section (1) or clause (a) of sub-section (1-A)] the Competent Authority shall take into account the following factors, namely:-
(a) whether alternative accommodation within the means of the occupier would be available to him, if he were evicted;
(b) whether the eviction is in the interest of improvement and clearance of the slum area;
(b-1) whether, having regard to the relevant circumstances of each case, the total-amount of arrears of rent or compensation and the period for which it is due and the capacity of the occupier to pay the same, the occupier is ready and willing to pay the whole of the amount of arrears of rent or compensation by reasonable installments within a stipulated time;
(c) any other factors, if any, as may be prescribed.
(4A)(a) In granting or refusing to grant the permission under clause (c) of sub-section (1) or clause (b) of sub-section (1A) the Competent Authority shall take into account the following factors, namely :-
(i) what is the amount of rent and for what period it is due;
(ii) whether a notice of demand referred to in the proviso to sub- section (1) of section 53 of the Presidency Small Cause Courts Act, 1882 (XV of 1882) or in the proviso to the sub-section (1) of section 27 B of the Provisional Small Cause Courts Act, 1887 (IX of 1887), as the case may be, has been duly given to the occupier liable to pay the arrears of rent;
(iii) whether the occupier is willing to pay arrears within a stipulated time;
(iv) any other factors, if any, as may be prescribed.
(b) If, within a period of six months from the date of receipt of any application for permission under clause (c) of sub-section (1), or clause (b) of section (1A) the Competent Authority does not refuse to grant the permission, it shall be deemed to have been granted at the expiration of such period.
(5) Where the Competent Authority refuses to grant the permission under any of the clauses of subsection (1) or (1A) it shall record a brief statement of the reasons for such refusal, and furnish a copy thereof to applicant.
- Appeal,- Any person aggrieved by an order of the Competent Authority refusing to grant the permission referred to in sub-section (1) or sub-section (1A) of section 22 may, within thirty days of the date of the order, prefer an appeal to the Tribunal, and the decision of the Tribunal shall be final.
23-A. Recovery of rent, etc., by criminal intimidation prohibited,-
(1) No person shall –
(a) collect or attempt to collect from any occupier, referred to in section 22, any rent, compensation or other charges by threatening or causing any injury to his person, reputation or, property or to the person or reputation of any one in whom the occupier is interested;
(b) evict or attempt to evict any such occupier by force without resorting to the lawful procedure; or
(c) abet in any manner the doing of any of the abovementioned things.
(2) Whoever contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine or with both.
- Restoration of possession of premises vacated by tenant,-
(1) Where a tenant in occupation of any building in a slum area vacates any building, or is evicted there from, on the ground that it is required for the purpose of re-erection of the building, the tenant may, within such time as may be prescribed, file a declaration with the competent Authority that he desires to be replaced in occupation of the building after the re-erection of the buildings.
(2) On receipt of such declaration, the Competent Authority shall by order require the owner of the building to furnish to it, within such time as may be prescribed, the plans of the re-erection of the building and an estimate of the cost thereof; and such other particulars as may be necessary; and shall, on the basis of such plans and estimate and particulars, if any, furnished, and having regard to the provisions of sub-section (3) of section 25, and after holding such inquiry as it may think fit, provisionally determine the rent that would be payable by the tenant if he were to be replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1).
(3) The rent provisionally determined under sub-section (2) shall be communicated in the prescribed manner to the tenant and the owner.
(4) If the tenant after the receipt of such communication intimates in writing to the Competent Authority within such time as may be prescribed that when he is replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1), he would pay to the owner, until the rent is finally determined under section 25, the rent provisionally determined under sub-section (2), the Competent Authority shall direct the owner to place the tenant in occupation of the building after the re-erection of the building (and intimation of such re-erection shall be given in the manner provided in sub-section (5), and the owner shall be bound to comply with such direction.
(5) As soon as the work of carrying out re-erection of the building is nearing completion or is completed, the Competent Authority shall give notice to the tenants concerned affixing it in some conspicuous part of the building and by sending it by post to the address which may have been registered with the Competent Authority by any tenant and in such other manner as may be determined by the Competent Authority, that the building is likely to be or is ready for occupation from a specified date, and that they should occupy the building so re-erected within a period of one month from such date. If a tenant fails to occupy the building within a period of one month from the specified date, his tenancy or other right in respect of the said building shall, notwithstanding anything contained in any contract or in any law for the time being in force, be deemed to be terminated, and the owner shall be entitled to possession thereof. If such tenant has accepted the temporary accommodation provided by the Competent Authority, he shall have to vacate the same also forthwith; and if he does not vacate, he shall be liable to be evicted there from in the manner provided in section 33.
- Rent of building in slum areas,-
(1) Where any building in a slum area is let to a tenant after it has been re-erected, the rent of the building shall be determined in accordance with the provisions of this section.
(2) Where any such building is let to a tenant (other than a tenant who is placed in possession of the building in pursuance of a direction made under sub section (4) of section 24, the tenant shall be liable to pay to the owner,-
(a) If there is a general law relating to the control of rents in force in the area in which the building is situated and applicable to that building, the rent determined in accordance with the provisions of that law;
(b) If there is no such law in force in such area, such rent as may be agreed upon between the owner and the tenant.
(3) Where any such building is let to a tenant in pursuance of the direction made under sub-section (4) of section 24, the tenant shall be liable to pay to the owner an annual rent of a sum equivalent to four per cent of the aggregate cost of re-erection of the building and the cost of the land on which the building is re-erected, unless the landlord has the standard rent fixed under any law relating to the control of rents, at a higher rate. Where the standard rent per annum is fixed at more than the annual rent aforesaid, the State Government shall pay to the owner such amount of the difference by way of subsidised rent as may be prescribed by rules made in this behalf.
Explanation.— For the purposes of this sub-section, the cost of the land shall be deemed to be a sum equivalent to the compensation payable in respect of the land if it were acquired under section 14, on the date of commencement of the re-erection of the building.
(4) The rent payable by a tenant in respect of any building under sub-section (3) shall, on an application made by the tenant or the owner, be determined by the authority referred to in sub-section (5):
Provided that, an application for determination of such rent by the owner or the tenant shall not, except for sufficient cause, be entertained by such authority after the expiry of ninety days from the re-erection of the building.
(5) The authority to which the application referred to in sub-section (4) shall be made, shall be,-
(a) where there is a general law relating to the control of rents in force in the area in which the building is situate, the authority to which applications may be made for fixing of rents of buildings situate in that area; and for the purpose of determining the rent under this section that authority may exercise all or any of the powers it has under such general law; and the provisions of such law including provision relating to appeals shall apply accordingly;
(b) If there is no such law in force in that area, such authority as may be specified by rules made in this behalf by the State Government, and such rules may provide the procedure that will be followed by that authority in determining the rent for appeals against the decision of such authority, and also for the levy of court-fees in such applications and appeals.
(6) Where the rent is finally determined under this section, then the amount of rent provisionally determined as aforesaid and paid by the tenant shall be adjusted against the rent so finally determined; and if the amount so paid falls short of or is in excess of, the rent finally determined, the tenant shall pay the deficiency, or be entitled to a refund, as the case may be.
- Chapter not to apply to eviction of tenants from certain buildings,-
Nothing in this Chapter shall apply to, or in relation to, the eviction under any law of a tenant from any building in a slum area belonging to Government, the Nagpur Improvement Trust constituted under the Nagpur Improvement Trust act, 1936 (C.P and Berar XXXVI of 1936) or any, local authority.
Chapter VII
Miscellaneous
- Power of entry,-
It shall he lawful for any person authorised by the Competent Authority in this behalf to enter into or upon any building of land for the purposes of this Act with or without assistants or workmen, in order to make any inquiry, inspection, measurement, valuation or survey, or to execute any work which is authorised by or under this Act or which it is necessary to execute for any of the purposes or in pursuance of any of the provisions this Act or of any notice, rule or order made there under.
- Powers of inspection,-
(1) The Competent Authority may, by general or special order, authorise any person,-
(a) to inspect any drain, latrine, urinal, cesspool, pipe, sewer or channel in or on any building or land, to which the provisions of this Act apply, and in his discretion, to cause the ground to he opened for the purposes of preventing or removing any nuisance arising from the drain, latrine, urinal, cesspool, pipe, sewer or channel, as the case may be;
(b) to examine works under construction in a slum area, to take levels or to remove, test, examine, replace or read any meter.
(2) If, on such inspection the opening of the ground is found to be necessary for the prevention or removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the land or building, but if it is found that no nuisance exists, or but for such opening would have arisen the ground or portion of any building, drain or other work opened, damaged or removed for the purpose of such inspection shall be filled in, reinstated or made good, as the case may be, by the Competent Authority at its own cost.
- Power to enter land adjoining land where work is in progress,-
(1) Any person authorised by the Competent Authority in this behalf may with or without assistants or workmen, enter on any land within fifty yards of any work authorised by or under this Act for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the carrying on of the same.
(2) The person so authorised shall, before entering on any land under sub-section (1), state the purpose thereof, and shall, if so required by the occupier or owner, fence off so much of the land as may be required for such purpose.
(3) The person so Authorised shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the Competent Authority to the owner or occupier of such land or to both for any such damage, whether permanent or temporary.
- Breaking into building,-
It shall be lawful for any person authorised in writing by the Competent Authority in this behalf to make any entry into any place, to open or caused to be opened any door, gate or other barrier-
(a) if the considers the opening thereof necessary for the purpose of such entry; and
(b) if the owner or occupier is absent, or being present, refuses to open such door, gate or barrier.
- Entry to be made in day time,-
No entry authorised by or under this Act shall be made except at reasonable hours and between the hours of sun rise and sun set.
- Occupier’s or owner’s consent ordinarily to be obtained,-
Save as provided in this Act, no building or land shall be entered without the consent of the occupier, or if there be no occupier, of the owner thereof, and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than twenty four hours written notice of the intention to make such entry:
Provided that, no such notice shall be necessary if the place to be inspected is a shed for cattle or a latrine, urinal or work under construction.
- Power of eviction to be exercised only by the Competent Authority,-
Where the Competent Authority is satisfied either upon a representation from the owner of a building or upon other information in its possession that the occupants of the building have not vacated it in pursuance of any order or direction issued or given by the Authority, the Authority shall, by order, direct the eviction of the occupants from the building in such manner and within such time as may be specified in the order, and for the purpose of such eviction, may use or caused to be used such force as may be necessary:
Provided that, before making any order under this section, the Competent Authority shall give a reasonable opportunity to the occupants of the building to show cause why they should not be evicted therefrom.
33 A. Procedure for allotment of tenements to slum dwellers not willing to join the Scheme or Project,-
In respect of the slum dwellers, who are in possession or occupation of the building or structure which is part of the Slum Rehabilitation Scheme or Slum Redevelopment Project and who are held eligible for permanent alternate accommodation by the Competent Authority and who do not join such Scheme or Project willingly, the Competent Authority shall,-
(a) ensure that provision for permanent alternate accommodation for all such slum dwellers is made in the buildings to be constructed for rehabilitation component of the Scheme or project;
(b) communicate in writing to such slum dwellers that tenements would be given to them by way of allotment by drawing lots on the same basis as communicated by the Developer to those who have joined the Scheme or Project;
(c) communicate to such slum dwellers that the transit tenement of 120 square feet would be allotted to them on the amount of rent fixed by the Slum Rehabilitation Authority;
(d) cause the Chief Executive Officer, or any officer designated by him, to direct the eviction of such slum dwellers from the structure under their occupation and effect demolition of such structure or any part thereof in such manner and within such time as may be specified in the order, and for the purpose of such eviction, may use or cause to be used such force as may be necessary;
(e) communicate in writing to such slum dwellers against whom action under clause (d) is proposed that, after such action they shall not be eligible for transit tenement or for the reconstructed tenement by lots, but, shall be entitled only to what is available after others have chosen their tenements in the Scheme or Project;
(f) communicate in writing to such slum dwellers that, if they do not join till the building permission to the first building of the Scheme or Project is given, they shall lose the right to any built-up tenement, and their tenements shall be taken over by the Slum Rehabilitation Authority, and used for the purpose of accommodating other slum dwellers who cannot be accommodated in-situ, and they shall be entitled to only pitch of about 3 mtrs.x 3.5 mts. elsewhere, if and when available, and construction therein shall have to be done by such slum dwellers on their own.
- Power to remove offensive or dangerous trade from slum areas,-
The Competent Authority may, by order in writing, direct any person carrying on any dangerous or offensive trade in a slum area to remove the trade from that area within such time as may be specified in the order:
Provided that, no order under this section shall be made unless the person carrying on the trade has been afforded a reasonable opportunity of showing cause as to why the order should not be made.
- Appeals,-
(1) Except as otherwise expressly provided in this Act, any person aggrieved by any notice, order or direction issued or given by the Competent Authority may appeal to the Appellate Authority who shall be a person holding a post not below the rank of Additional Collector, to be notified by the State Government within a period of thirty days from the date of issue of such notice, order or direction.
(1A) any person,-
(a) aggrieved by any notice, order or directions issued or given by the Appellate Authority under sub-section (1), within a period of thirty days from the date of issue of such notice, order or direction;
(b) for the purpose of resolving dispute in relation to matters about eligibility of slum dweller, eligible slum dweller being denied tenement, developer not undertaking and completing the project as per the permission and approval so also within the stipulated time frame, transit accommodation being unavailable or not provided and likewise,-
may file an appeal before the Grievance Redressal Committee constituted by the State Government, by notification in the Official Gazette, for such area and consisting of the Chairperson and such number of members as the Government may deem fit. The qualification of the Chairperson and the members of the Committee and the procedure to be followed for transacting its business shall be such as may be prescribed.
(2) Every appeal under this Act shall be made by petition in writing accompanied by a copy of the notice, order or direction appealed against.
(3) On the admission of an appeal, all proceedings to enforce the notice, order or direction and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal; and if the notice, order or direction is set aside on appeal, disobedience thereto shall not be deemed to be an offence.
(4) No appeal shall be decided under this section unless the appellant has been heard or has had a reasonable opportunity of being heard in person or through a legal practitioner.
(5) The decision of the Grievance Redressal Committee on appeal shall be final and shall not be questioned in any court.
- Service of notice, etc,-
(1) Every notice, order or direction issued under this Act shall, save as otherwise expressly provided in this Act, be served-
(a) by giving or tendering the notice, order or direction or by sending it by registered post to the person for whom it is intended; or
(b) if such person cannot be found, by affixing the notice, order or direction on some conspicuous part of his last known place of above or business, or by giving or tendering the notice, order or direction to some adult member or adult servant of his family or by causing it to be affixed on some conspicuous part of the building or land, if any, to which it relates.
(2) Where the person on whom a notice, order or direction is to be served is minor, service upon his guardian or upon any adult member or adult servant of his family shall be deemed to be the service upon the minor.
(3) Every notice, order or direction, which by or under this Act is to be served as a public notice order or direction or as a notice, order or direction which is not required to be served on any individual therein specified shall, save as otherwise expressly provided, be deemed to be sufficiently served if a copy thereof is affixed in such conspicuous part of the office of the Competent Authority or in such other public place during such period, or is published in such local newspaper or in such other manner, as the Competent Authority may direct. .
- Penalty,-
(1) Whoever fails to comply with any notice, order or direction issued or given under this Act shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousands rupees, or with both.
(2) Whoever commences or causes to be commenced any work in contravention of any restriction or condition imposed under sub-section (10) of section 12, or any plan for the redevelopment of a clearance area shall, on conviction, be punished with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
(3) Whoever obstructs the entry of any person authorised by or under this Act to enter into or upon any building or land or molests such person after such entry or incites or instigates or abets such obstruction or molestation shall, on conviction, be punished with imprisonment which may extend to three months and with fine which may extend to one thousand rupees.
(4) If the person committing an offence under this Act, is a company, every person who at the time the offence is 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.
(5) Notwithstanding anything contained in sub-section (3), 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 of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished, accordingly.
Explanation.— For the purpose of this section-
(a) “Company” means a body corporate and includes a firm or other association of individuals; and
(b) “director” in relation to a firm means a partner in the firm.
- Order of demolition of buildings in certain cases,-
(1) Where the erection of any building has been commenced, or is being carried out, or has been completed, in contravention of the provisions of section 8 or of any restriction or condition imposed under sub-section (10) of section 12, or a plan for the redevelopment of any clearance area or in contravention of any notice, order or direction issued or given under this Act, the Competent Authority may, in addition to any other remedy that may be resorted to under this Act or under any other law, make an order directing that such erection shall be demolished by the owner thereof within such time not exceeding two months as may be specified in the order, and on the failure of the owner to comply with the order, the building so erected shall be liable to forfeiture or to summary demolition by an order of the Competent Authority and the expenses of such demolition shall be recoverable from the owner as arrears of land revenue:
Provided that, no such order shall be made unless the owner has been given a reasonable opportunity of being heard.
(2) Forfeiture under this section shall be adjudged by the Competent Authority, and any property so forfeited shall be disposed of as the Competent Authority may direct; and the cost of removal of the property under this section shall be recoverable as an arrears of land revenue.
(3) For the purpose of causing any building to be demolished under sub-section (1) the Competent Authority may use or cause to be used such force as may be necessary.
- Jurisdiction of Courts,-
No Court inferior to that of Magistrate of the First Class, or a Presidency Magistrate shall try an offence punishable under this Act.
- Previous sanction of Competent Authority for Prosecution,-
No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Competent Authority.
Provided that, for prosecution for the offence punishable under section 3Z-2, no such previous sanction of the Competent Authority shall be necessary.
- Protection of action taken in good faith,-
No suit, prosecution, or other legal proceedings shall lie against the Competent Authority or against any person acting under its authority for anything which is in good faith done or intended to be done under this Act or the rules made there under.
- Bar of Jurisdiction,-
Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction is respect of any matter which the Appellate Authority, Competent Authority, Grievance Redressal Committee or Tribunal is empowered by or under this Act, to determine; and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
- Competent Authority, etc., to be public servants,-
The Competent Authority and any person authorised by it under this Act shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860).
- Tribunal to determine claims of Competent Authorities before they are recovered as arrears of land revenue,-
Where under any of the provision of this Act, any expenses incurred by a Competent Authority (which is a body corporate) under the provisions of this Act are to be recovered as arrears of land revenue and the claim of the Competent Authority in respect of such expenses is disputed, the question shall be referred to the Tribunal which shall, after making such inquiry as it may deed fit, and after giving to the person by whom the sum is alleged to be payable an opportunity of being heard, decide the question; and the decision of the Tribunal shall be final, and shall not be called in question in any court or before other authority. Where the Tribunal decides the claim in favour of the Competent Authority, then the expenses which are directed to be paid, may be paid in equal monthly installments not exceeding twenty.
44A Vacancy and temporary absence of President and other members of Tribunal,-
(1) If any vacancy occurs by reason of death, resignation or expiry of the appointment, or termination of the appointment, of the President or other members or for any reason whatsoever such vacancy shall be filled by appointment of a duly qualified person.
(2) The Tribunal shall not be deemed to be invalidly constituted merely by reason of any vacancy referred to in sub-section (1) and no decision of the Tribunal shall be called in question in any Court or before any authority only on the ground that a member of the Tribunal (not being the President) was not present, during the hearing of any proceedings before the Tribunal.
- Provisions relating to Tribunal,-
(1) In exercising the jurisdiction conferred upon it by or under this Act the Tribunal shall have the powers of a civil court for the purpose of taking evidence on oath, affirmation or affidavit, or summoning and enforcing the attendance of witnesses, of compelling discovery and the production of documents and material objects, requisitioning any public record or any copy thereof from any court of office, issuing commissions for the examination of witness or documents, and for such other purpose as may be prescribed including the power to grant stay and any other powers of a Civil Court which may be vested in the Tribunal; and the Tribunal shall be deemed to be a civil court for all the purposes of section 195,480 and 482 of the Code of Criminal Procedure, 1973 (II of 1974) and its proceedings shall be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860).
(1A) The provisions of section 4, 5, 12 and 14 of the Limitation Act, 1963 (36 of 1963), shall apply to the filing of every appeal or application made to the Tribunal, under this Act.
(2) In the case of any affidavit to be filled any officer authorised by the Tribunal or by the President in this behalf may administer the oath to the deponent.
(3) The State Government shall from time to time place at the disposal of the Tribunal, such officers and other staff to assist the Tribunal as the State Government may from time to time determine. The remuneration and other conditions of service of the officers and other staff shall be such as may from time to time be determined by the State Government.
(3A) The term of office and other conditions of service of the President and the members of the Tribunal shall be such as may be regulated by rules made under section 46.
(4) Subject to the provisions of this Act and to the previous approval of the State Government, the President may make regulations for, regulating the practice and procedure of the Tribunal, including the award of costs by the Tribunal, the levy of any process fee, filing fee or copying or translation fees (including provisions for recovery thereof in the form of court fee stamps) the right of appearance before the Tribunal, the place or places of its sittings, the disposal by the Tribunal of any proceeding before it notwithstanding that in the course thereof there has been a change in the persons sitting as members of the Tribunal and generally for the effective exercise of its powers and discharge of its functions under this Act.
(5) The regulations made under this section shall be published in the Official Gazette.
(6) All orders passed by the Tribunal shall be executed in the same manner in which similar orders, if passed by the State Government, could have been executed.
(7) Notwithstanding anything contained in the Bombay Court-fees Act, 1959 (Bom. XXXVI of 1959) every appeal or application made to the Tribunal shall bear a court-fee stamp of one rupee if the value of the property is ten thousand rupees or less and of two rupees if such value exceeds ten thousand rupees.
- Power to make rules,-
(1) he State Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
Provided that, when the rules are being made for the purpose of Chapter I-C of this Act for the first time, the same may be made without pre-publishing the same.
(2) Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification, have effect only in such modified form or be of no effect as the case may be, so however, that, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
- Cesser of corresponding laws and powers conferred thereunder temporarily,-
(1) Where any area is declared to be slum area under this Act, then as from the date of such declaration, the provisions of an municipal or other law corresponding to the provisions of this Act for slum improvement in relation to the slum area in force immediately before the said date shall, save as otherwise provided in this Act, cease to/be in force in the slum area, but so long only as the said declaration remains in force.
(2) Where any area is declared to be a slum area, and any building or buildings are ordered to be demolished, under this Act, then as from the date of such order, the provisions of any municipal or other law corresponding to the provisions of this Act for slum clearance and redevelopment and demolition of buildings in force immediately before the said date shall not, save as otherwise provided in this Act, apply in relation to such building or buildings but so long as the building or buildings, as the case may be, are redeveloped.
(3) Even though any area is declared to be a slum area, as long as the order for demolition of any building or buildings is not made under this Act, nothing contained in this section shall affect the provisions of any municipal or other law for the time being in force tor slum clearance and redevelopment and demolition of buildings in the slum area:
Provided that, after any area is declared to be a slum area till the date of the order is made for demolition of any building or buildings under this Act, the powers of demolition of building conferred on the Municipal Commissioner or Chief Officer or any other officers or authorities under any such law shall notwithstanding anything contained in any such law, be exercised by them subject to the control of the State Government. For this purpose, the State Government may, from time to time issue any general or special directions to any such officers or authorities which shall be complied by them.
- Amendment of certain enactments,-
[Deleted by Mah. 2 of 1987, s. 5]
First Schedule
(See Section 17)
Principles for determination of the net average monthly income.
- The Competent Authority shall first determine the gross rent actually derived by the owner of the land acquired including any building on such land during the period of five consecutive years referred to in sub-section (4) of section 17.
- For such determination the Competent Authority may hold any local inquiry and obtain, if necessary certified copies of extracts from the property tax assessment books of the local authority concerned showing the rental value of such land.
- The net average monthly income referred to in sub-section (4) of section 17 shall be sixty per cent, of the average monthly gross rent which shall be one sixtieth of the gross rent during the five consecutive years as determined by the Competent Authority under paragraph 1.
- Forty percent of the gross monthly rental referred to above shall not be taken into consideration in determining the net average monthly income but shall be deducted in lieu of the expenditure which the owner of the land would normally incur for payment of any property tax to the local authority, for collection charges, income tax or bad debts as well as for works of repair and maintenance of the buildings, if any, one the land.
- Where the land or any portion thereof has been unoccupied or the owner has not been in receipt of any rent for the occupation of the land during the whole or any part of the said period of five years, the gross rent shall be taken to be the income which the owner would in fact have derived if the land had been leased out for rent during the said period, and for this purpose the rent actually derived from the land during a period prior or subsequent to the period during which it remained vacant or from similar land in the vicinity shall be taken into account.
Second Schedule
[deleted by Mah. 2 of 1987, s. 6.]
MEMORANDUM OF UNDERSTANDING
MODEL FORM
MEMORANDUM OF UNDERSTANDING
This Memorandum of understanding is made and entered into at _______, this_____ day of ________20___, amongst Mr. ________________________________________, an adult Indian Citizen, r/o___________________________________________, Mumbai-___________, hereinafter referred to as the ‘Party of the First Part’ (which expression shall unless it be repugnant to the context and meaning there of, include his legal heirs, executors, administrators and assigns); Mr. _______________________________________, an adult Indian Citizen, r/o___________________________________________________, Mumbai- ________, hereinafter referred to as the ‘Party of the Second Part’ (which expression shall unless it be repugnant to the context and meaning there of, include his legal heirs, executors, administrators and assigns); Mrs. __________________________________, an adult Indian Citizen, r/o ________________________________, Mumbai- ___________, hereinafter referred to as the ‘Party of the Third Part’ (which expression shall unless it be repugnant to the context and meaning there of, include her legal heirs, executors, administrators and assigns ); Mr. _____________________________, an adult Indian Citizen, r/o _______________________________________, Nasik, hereinafter referred to as the ‘Party of the Fourth part’. (Which expression shall unless it be repugnant to the context and meaning there of, include his legal heirs, executors, administrators and assigns) and Mr. ________________________, an adult Indian Citizen, r/o _______________________________________, Nasik, hereinafter referred to as the ‘Party of the Fifth part’. (Which expression shall unless it be repugnant to the context and meaning there of, include his legal heirs, executors, administrators and assigns)
WHEREAS Mr. ____________________________, the ‘Party of Second Part’, Mrs. __________________, the ‘Party of third Part’ and Mr. ____________________________, the ‘Party of Fourth Part’ are the directors and members of ‘M/s. ABCD Private Ltd.’ a private limited company incorporated under the Companies Act, 1956 as a private limited company (limited by guarantee). The said company has its registered office situate at _______________________________, District-Nasik and it is engaged in the business of purchase, manufacture and sale of synthetic rubber and other allied products and such other incidental and ancillary businesses as are mentioned in the Memorandum and Articles of Association. That the said company is established with the authorised capital of Rs. 10,00,000/= (Rs. Ten Lac Only) divided into 10,000 shares of Rs. 100/-each.
AND WHEREAS, the ‘Party of the First Part’ and the ‘Party of Fourth Part’, herein are the Partners in “M/s. XYZ Industries”, a Partnership Firm registered under the provisions of the Indian Partnership Act, under a Deed of Partnership dated __________ and the said Partnership is engaged principally in the business of purchase, manufacture and sale of synthetic rubber and other allied products and the same is carried on at _____________________________, District-Nasik.
AND WHEREAS “M/s. XYZ Industries” and ‘M/s. ABCD Private Ltd.’ are sister concerns for all practical purposes and intents, both of them being engaged in the same business and both of them have joint and unseverable business ties.
AND WHEREAS due to unforeseen circumstances, natural calamities and vagaries of business, “M/s. XYZ Industries” has run into losses and has incurred heavy debts and liabilities, whereas in comparison ‘M/s. ABCD Private Ltd.’ is a sound business concern with bright future.
AND WHEREAS the ‘Party of the First Part’, ‘Party of the Second Part’ and ‘Party of the Third Part’ herein wanted to quit both these firms for good on the terms and conditions acceptable to them and the ‘Party of the Fourth Part’ and the ‘Party of the Fifth Part’ were ready to accede to their proposal for renunciation and retirement. After due negotiations all the parties herein have arrived at a mutual agreement, the terms whereof are hereby recorded as follows:-
NOW THIS MEMORANDUM OF UNDERSTANDING WITNESSETH AS FOLLOWS:-
1) It is agreed by and amongst the Parties herein that the ‘Party of the First Part’ and the ‘Party of Fourth Part’ will execute a Deed of Dissolution to dissolve the Partnership Firm “M/s. XYZ Industries” and the said dissolution will take effect from the date of execution of the agreement in that regard. It is also agreed by and amongst the Parties herein that the ‘Party of the first part’ will forgo and renounce his entire right, title and interest in respect of all the assets and properties of the partnership firm “M/s. XYZ Industries” in favour of the ‘Party of Fourth Part’ in lieu of the latter partner taking over all the liabilities, debts and outstanding amounts owed by the said partnership firm.
2) It is agreed that on effecting the above referred quid-pro-quo arrangement the ‘Party of the Fourth Part’ will be entitled to continue the business of the Partnership Firm in the same name and will also be entitled to retain all the assets and properties of the said Partnership Firm, subject to all the debts and liabilities of the Partnership Firm and subject to the payment of all taxes, rates, assessments, dues and duties payable to the Government or Municipal Corporation or any other public body and to that extent the said partner, will be deemed to have retired from the said Firm.
3) It is also agreed by and amongst the parties hereto that the ‘Party of the Second Part’ and ‘Party of the Third Part’ herein do hereby forgo and renounce their entire right, title and interest in respect of all the assets and properties of ‘M/s. ABCD Private Ltd.’ in favour of the ‘Party of Fourth Part’ in lieu of the latter party taking over all the liabilities, debts and outstandings owed by the said company i.e. ‘M/s. ABCD Private Ltd.’ including the liability of the Parties of the Second & Third part.
4) It is also agreed by and amongst the parties hereto that in order to give effect to the arrangement contained in the foregoing paragraph, the ‘Party of Second Part’ and ‘Party of Third Part’ shall renounce, forgo and transfer their entire share in the capital of ‘M/s. ABCD Private Ltd.’ (i.e. 30% & 20% respectively) in favour of the ‘Party of Fourth Part’ and the ‘Party of the Fifth Part’ and thereby shall cease to be the members of the said company.
5) It is also agreed by and amongst the parties hereto that the ‘Party of Fourth Part’ shall be at liberty to admit the ‘Party of the Fifth Part’ or any other proper person as the member of the company during or after the tenure of the ‘Parties of the Second & Third Part’, and shall also be entitled to effect any change in the composition of the Board of Directors by appointing new Directors and ‘Parties of the Second & Third Part’ shall cooperate with him in that regard.
6) It is also agreed by and amongst all the parties hereto that on effecting the arrangement referred to in the foregoing paragraphs, the ‘Parties of the Second & Third Part’ shall be deemed to have been released from all their liabilities, debts and obligations in respect of ‘M/s. ABCD Private Ltd.’.
7) It is also agreed by and amongst all the parties hereto that the ‘Party of Fourth Part’ shall be at liberty to run the business of “M/s. XYZ Industries” in the same name as a sole proprietorship concern or as an adjunct or a subsidiary concern of ‘M/s. ABCD Private Ltd.’ If the ‘Party of Fourth Part’ decides to continue the business of “M/s. XYZ Industries” as a sole proprietary concern, he himself shall be liable for all its debts, liabilities and obligations. On the other hand if “M/s. XYZ Industries” is taken over as an adjunct or a subsidiary unit by ‘M/s. ABCD Private Ltd.’, it shall be the obligation of the latter company to meet former’s obligations, debts and liabilities from its profits, business reserves and from all other permissible sources.
8) It is also agreed by and amongst all the parties hereto that on the dissolution of “M/s. XYZ Industries” the benefits of or rights to all permits, licences held by it shall belong to the Party of Fourth Part alone to the exclusion of the all other parties.
9) Each of the parties hereto agrees and undertakes to sign all applications, documents, and other papers as may be required to properly transfer the properties and other assets allotted, assigned or released to the Party of Fourth Part, in respect of “M/s. XYZ Industries” and in favour of the surviving and/or newly admitted members of ‘M/s. ABCD Private Ltd.’, including all licenses and permits issued by the Government or Municipal bodies, but the costs, charges and expenses in respect thereof will be borne by the party requiring such documents to be signed.
10) The ‘Parties of the First, Second & Third Part’ shall not for a period of three year from the date hereof, carry on or engage, either directly or indirectly, in the same or identical business as carried on by the said Partnership Firm or the Company in the Districts of Nasik and Mumbai and in the vicinity there of.
11) In the event of any dispute arising between the parties hereto, in the course of effecting the arrangements set out herein or concerning the interpretation of the terms here under, the same will be referred to the arbitration of a common arbitrator if mutually agreed upon or to the arbitration of two or more arbitrators, each party to the dispute appointing his arbitrator, and the decision of the arbitrator/arbitrators shall be final and binding on the parties.
IN WITNESS WHEREOF the parties hereto have set out and subscribed their hands the day and year first herein above written.
Signed, Sealed and Delivered )
By the Withinnamed )
Mr. _______________________ )
In the presence of ) ——————————
Witness :- ) ( Mr. __________________)
“Party of First Part”
Signed, Sealed and Delivered )
By the Withinnamed )
Mr. _______________________ )
In the presence of ) ——————————
Witness :- ) ( Mr. ___________________)
“Party of Second Part”
Signed, Sealed and Delivered )
By the Withinnamed )
Mrs. ______________________ )
In the presence of ) ——————————
Witness :- ) ( Mrs. ___________________)
“Party of Third Part”
Signed, Sealed and Delivered )
By the Withinnamed )
Mr. _______________________ )
In the presence of ) ——————————–
Witness:- ) ( Mr. ___________________)
“Party of Fourth Part”
Signed, Sealed and Delivered )
By the Withinnamed )
Mr. _______________________ )
In the presence of ) ——————————–
Witness:- ) ( Mr. __________________ )
“Party of Fifth Part”
PROCEDURE OF PARTNERSHIP FIRMS (MAHARASHTRA)
PROCEDURE OF PARTNERSHIP FIRMS (MAHARASHTRA)
Sr.
No. |
Subject | Form No.
|
Time Limit
|
Sec.
|
Enclosures | Filling Fees Rs.
|
Other
Charges |
Penalties
|
|
|||
Sec
|
Amt
|
|||||||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | ||
1. | Registration | A | 1 year | 58(1)
& (1A) |
1. Forwarding letter with Rs.5 court fee stamp.
2. Rs. 10 Non-judicial stamp paper 3. Copy of partnership deed certified by C.A/Adv. 4. Marathi Translation of Partnership deed duly certified by C.A/Adv. |
1500 | 100 | 59A-1 | Rs. 100/-Year or part thereof
|
As per the provisions of Maharashtra Stamp (Amendment) Act, 2015
|
||
2. | Change in principal Place/nature of business/firm name
|
B | 90 days | 60(1) | 1. Forwarding letter with Rs. 5 court fee stamp
2. Rs. 10 Non-judicial stamp paper 3. Copy of proof duly certified by C.A./Adv.
|
1000 | 200 | 69A | Up to Rs.10 day | Proof for date of change like certified copy of possession letter, Sale Deed, Leave Licence Agreement or copy of Supplementary Deed. | ||
3. | Opening and closing of branches
|
C | 90 days | 61 | 1. Forwarding letter with Rs.5 court fee stamp
2. Rs. 10 Non-judicial stamp paper 3. Copy of proof duly certified by C.A/Adv.
|
1000 | 200 | 69A | Up to Rs.10 day | Proof for date of change like certified copy of possession letter, Sale Deed, Leave Licence Agreement or copy of Supplementary Deed. | ||
4. | Change in the Name (Person/Limited Company) and Address of the Partner | D | 90 days | 62 | 1. Forwarding letter with Rs.5 court fee stamp
2. Rs. 10 Non-judicial stamp paper 3. Copy of proof duly certified by C.A/Adv. 4. Certified copy of Government Gazette or Certificate of R.O.C |
1000 | 200 | —- | Up to Rs.10 day | Copy of Supplementary Deed if any
|
||
5. | Change in Constitution- Admission/Retirement/Dissolution/Death of Partner/minor partner
|
E | 90 days | 63 | 1. Forwarding letter with Rs. 5 Court fee stamp
2. Rs.10 Non-judicial stamp paper 3.Copy of partnership deed certified by C.A/Adv.
|
1000 | 200 | — | Up to Rs.10 day | As per the provisions of Maharashtra Stamp (Amendment) Act, 2015.
|
||
6. | Minor attaining majority and elects to become/not to become a Partner | F | 90 days | 63(2) | 1. Forwarding letter with Rs. 5 Court fee stamp
2. Rs. 10 Non-judicial stamp paper 3. Copy of partnership deed if any certified by C.A/Adv. 4. If minor is retiring in age of minority then Affidavit of Guardian in support of retirement
|
1000 | 200 | — | Up to Rs.10 day | ———- | ||
7. | Rectification of Mistakes
|
— | —- | 64(2) | An application for Rectification and Documentary Proof
|
1000 | 200 | —- | —— | Documentary proof of Rectification | ||
8. | Inspection of Register | —- | —- | 66(1) | 1. An application for Inspection
|
100 | — | — | —– | ———- | ||
9. | Inspection of documents | —- | —- | 66(2) | 1. An application for Inspection
|
100 | —- | —- | —– | ———- | ||
10. | Certified copy | —- | —– | 67 | 1. An application for certified copy
2. Non-judicial Stamp Paper of Rs. 10/- 3. Rs.5/-Court Fee Stamp |
Rs. 100/-
100 words or part thereof
|
—- | — | —- | ———- | ||
11. | Appeal against refusal by registrar to register the firm under a particular name | Plain paper | 30 days | 58(4) | 1. Copy of order appealed against
2. Copy of receipt
|
1000 | —- | —- | —– | Appeal is to be filed before the Competent Authority, Law and Judiciary Department, Mantralaya, Mumbai-
400 032 |
SOME IMPORTANT TIPS TO BE REMEMBERRED TO AVOID OBJECTIONS FROM REGISTRAR OF
FIRMS IN RESPECT OF FORMS FILED.
- For Online filing CA/Adv need to create New ID for every Firm.
- Write full Name with correct spellings in Deed of Partnership and on all the Forms
- Stamp paper must be in the name of firm or partners.
- If change in constitution is simultaneous with change in address, both Forms E & B or D are required to be filed.
- Change in Karta is of HUF is required to be intimated in Form E. In case Death of Karta Form E has to be submitted.
- Date of filling of documents must be within one month of such notarization.
- Check date of stamp paper, date of execution of deed and effective date of partnership deed.
- In case of change in name and also the change in address of the lady partner if occurs on account of marriage then Form D
is required to be filed along with attested copy of Marriage Certificate which should necessarily contain changed name
and address both.
- Ensure that the Seal of Notary is put with Red ink and initials of Notary on all pages of the document or form, which is notarized.
Name and Address stamp of the Notary on the notarized document or form, along with serial number in the Notary Register of
the document being notarized.
- Rectification application filed under section 64, requesting correction of error signatures of all existing partners are necessary
on the application.
- Letter of authority to appear before the Registrar of Firms for personal hearing can be signed by any one of the existing partners.
- The stamp paper which is used for execution of Deed of Partnership should be dated within 6months of the date of issue of
such stamp paper. This provision is effective from 1-12-1989.
- Any particular business requiring License to carry out the business the copy of License is to be submitted along with the
submission. If License is not obtained then a Undertaking in Affidavit form signed by all the partners should be submitted.
- The business like Petrol Pump/L.P.G. Gas/Kerosene, Ration Shop/Liquor requires the permission of Licensing authority
to carry out business in partnership. In such a cases Copy of License is mandatory.
- If Deed is not duly stamp or stamp paper is not in the name of the firm or partners then in such cases the deed is required
to be Adjudicated by the Stamp Authority.
- If application is submitted through C.A. or Advocate or any third party other than the firm itself then a Authority letter
signed by all the partners is required to be submitted along with the application.
Redevelopment of Dilapidated Tenanted buildings in Mumbai Suburbans Afzulpurkar Committee GR
(English Translation of the original G.R in Marathi)
Author.— Prakash Manohar Chalke
B.Com. L L.B
Advocate High Court
Translation Copyright:- With the Author
Regarding the implementation of the recommendations of the Afzulpurkar committee vis-à-vis the repairs and re-development of the old and dilapidated tenanted buildings in the suburbs and extended suburbs of Mumbai.
Government of Maharashtra,
Department of Housing,
Government Resolution No:- Mum.E.Du-1098/Pra.Kra.1325 (Part-2)/ Du.Va.Pu-1,
Mantralaya, Mumbai-400 032,
Date:- 31st May, 2006.
Read:- Government Resolution, Department of Housing & Special Assistance.
No. Mum. E. Du- 1298/Pra.Kra. 1325/Du.Va.Pu-1, dated 17th March, 1998.
Preface
Shelter is an important need of human beings. Taking into consideration this factor, programmes for the repairs and re-development of the dilapidated buildings are being undertaken through Mumbai Building Repairs & Re-development Board so as to protect the life and property of the tenants residing in the old and dilapidated tenanted buildings in the island city of Mumbai.
- While taking decision on the recommendations of the Sukthankar Committee appointed to speed up the programme of repairs & re-development of the cessed buildings in the island city of Mumbai, a committee under the Chairmanship of Shri. Dinesh Afzulpurkar, former Chief Secretary was proposed to be appointed in pursuance of the Cabinet decision dated 9th December, 1997, to contemplate the advisability of the expansion of the said programme by including therein, the old buildings in the suburbs and extended suburbs and also to suggest due measures.
- In pursuance of the said decision a committee under the chairmanship of Shri. Dinesh Afzulpurkar, former Chief Secretary was appointed by the above-referred Government Resolution dated 17.3.1998, to make an exhaustive study of the problems of the tenanted buildings in the suburbs and extended suburbs of Mumbai in their present condition in the matter of repairs and redevelopment thereof. To consider the extension of the Mumbai buildings Repairs & Redevelopment Act and the Board functioning under the said Act, which at present govern the island city of Mumbai, to the suburbs and extended suburbs and if the said extension is advisable then in what manner it should be extended or what alternative measures should be adopted and to make necessary recommendations to the Government in that regard. Principal Secretary (Urban Development), Secretary (Housing), Commissioner, Municipal Corporation of Greater Mumbai, Deputy Chairman and Chief Executive Officer, Maharashtra Housing and Area Development Authority, Chief Officer, Mumbai Buildings Repairs & Re-development Board were members of the said committee.
Modus operandi of the Committee
- The committee held discussions with heads of various departments. Furthermore, the committee invited suggestions from the members of the public regarding the concerned problems and studied 550 representations received from the public. Moreover, the committee ascertained the views of the cooperative housing societies in the suburbs regarding the said problems and their solutions by direct consultations with them or through the good offices of the Department of Cooperation. After taking into consideration various factors such as the consultations with various heads of departments, representations received from the public, the recommendations made in the reports submitted by former committees such as the Tembe Committee, Kerkar Committee, Dighe Committee, Sukthankar Committee etc., the Committee submitted its report to the Government on 23rd November, 2000.
Consultations with the People’s Representatives regarding the report of the committee
- In the context of the recommendations of the Afzulpurkar Committee, debates were held in the legislative Assembly/Legislative Council for over half an hour and questions too were asked on the said subject. With reference to these questions, the Government assured the Houses that consultations would be held with the People’s Representatives from the suburbs and extended suburbs in regard to the recommendations contained in the said report received by it. In pursuance of the said assurance given by the government the then Hon’ Minister for Housing presided over four meetings with all the concerned members of the Legislative Assembly/Council after furnishing them recommendations of the committee and all other necessary papers. The views of the Hon’ members of the Legislative Assembly and the Legislative Council were ascertained after taking into consideration the discussions held at these meetings and the views expressed therein by the representatives of the people present.
- After taking into consideration the suggestions offered by the People’s Representatives, the government has taken the following decisions regarding the recommendations of the committee.
GOVERNMENT RESOLUTION
The nature of problems facing buildings in the suburbs and extended suburbs
- The nature and causes of problems of old and dilapidated buildings in the suburbs and extended suburbs are varied. Old age is not the only cause for dilapidation of some of the buildings in the suburbs, but there are many. The schedule of work of the sanctioned buildings, unauthorised construction and improper and insufficient maintenance/ repairs are also important causes. Of the total 64,858 buildings in the suburbs, 45,826 buildings are held on ownership basis, while 19,032 buildings are tenanted buildings. Of the tenanted buildings about 50% buildings are owned by the Maharashtra Housing and Area Development Authority. Remaining about 10,000 buildings are tenanted buildings. The number of tenanted buildings in the suburbs is less than the number of tenanted buildings in the island city. Measures need to be suggested after considering the circumstances and old age of the buildings held on ownership basis and of the buildings owned by co-operative housing societies.
The experience of repairs and redevelopment in the island city of Mumbai
- The outcome of the working of the Act, which is in force in the island city of Mumbai, for repairs and redevelopment of the cessed buildings and the schemes implemented under that Act, is not notice-worthy. Therefore, the experience of the tenants of the buildings repaired under this scheme is not heartening. There are some incidental problems of the redeveloped buildings. Against this backdrop and considering the fact that the number of tenanted buildings in the suburbs and extended suburbs is less, it would not be advisable to extend and implement the measures, laws and their provisions and the programmes thereunder, which presently govern the cessed buildings in the island city of Mumbai in the same form to the suburbs and the extended suburbs. Thus considering the problems faced by buildings in the suburbs/extended suburbs and which are held on either ownership basis, tenanted basis or through the co-operative housing society and all factors compatible with the remedial measures, the government has decided not to extend the Act and the Scheme pertaining to the repairs and redevelopment of the old and dilapidated buildings, currently in force in the island city of Mumbai, to the buildings in the suburbs.
The Government has also decided that a proper Scheme for the suburbs and extended suburbs should be effectively implemented. The details of the remedial measures pertaining to the old and dilapidated buildings in the suburbs and extended suburbs of Mumbai are set out in the following paragraphs.
Regarding survey of buildings in the suburbs and extended suburbs and regarding enforcement of the Redevelopment
- As part of the remedial measures for the buildings in the suburbs, the buildings constructed prior to 1990 will be subjected to survey. While conducting survey of the buildings, in addition to the age of buildings, the factors responsible for the deterioration of the buildings will also be ascertained (e.g. Buildings in need of redevelopment, buildings in need of repairs) and the gradation of such building will be prepared by the B.M.C. Thereafter according to the gradation, the lists of buildings as per Ward and Municipal House numbers, will be prepared. In stead of applying the Scheme formulated by the government to all the surveyed buildings in the suburbs at once, it will be applied at the outset to the buildings which are in need of redevelopment within the period of next three years. Thereafter this scheme will be applied to the other buildings in a phased manner as per their gradation. The list of the buildings to which the scheme is made applicable will be published after following the due procedure. The buildings which are included in the published list will be applied the Redevelopment Scheme mentioned in paragraph 11 in a phased manner. The scheme and the conditions governing the buildings, which are in need of repairs and maintenance, are mentioned in other paragraphs.
Regarding principles to be followed in the construction of buildings
- The mishaps following building collapses at Navare Apartment-Sion, Ganesh Bhawan-Kalbadevi, Poonam Chambers-Worli, Pravin Shruti-Vile Parle, Sukhsagar-Malad, Govind Tower-Vandre, claimed heavy casualties in addition to loss of property. In that regard the committee appointed under the chairmanship of Shri. K.C. Shrivastava made recommendations regarding preparation of Plans of buildings, their sanction, soil testing and structure of building and also called for prohibition of unauthorised alterations in the buildings during construction of and maintenance of buildings. The Afzulpurkar Committee fully concurred with these recommendations and according to their recommendations following principles and yardsticks are formulated. The Government hereby orders that the following principles and yardsticks will be scrupulously followed in the construction of buildings.
(a) It will be mandatory to possess proper documents and certificates evidencing occupational/leasehold/ ownership rights in respect of the land where construction of building is proposed. While considering grant of commencement certificate, it will be obligatory to fulfil this condition. Commencement certificate will not be granted in absence of a long term lease or occupation.
(b) It will be obligatory for the Construction Engineer to conduct soil test, deep drilling test before actual construction and to ascertain the kind of plinth that would be necessary on the basis of these tests.
(c) It will be mandatory to provide for protective layer of minimum 25 MM. to fortify the beams in R.C.C structures of large construction.
(d) The Construction Engineer shall maintain all the papers pertaining to soil testing in the form of permanent record so that if necessary, they will be available for future examination.
(e) It will be mandatory to conduct Destructive Test of the material required for construction.
It will be obligatory for the owner/cooperative housing society to maintain the papers pertaining to matters indicated in clauses (a) to (e) herein, and pertaining to other matters, as part of Record of the building.
Limitations on the Building professionals
- The Government has also decided that in order to take action in pursuance of the aforementioned recommendations, it will be mandatory for every building professional to engage and hire for each work, a licensed Supervisor who is a qualified engineer, a licensed architect, a licensed or professional structural engineer, a licensed plumber, licensed electrical engineer and other technical staff. It will be obligatory to furnish the list of such technical staff and the necessary agreements about their appointment in that behalf to the Municipal Corporation for Greater Mumbai. This technical staff will be held responsible for the work of construction.
The structural inspection of Buildings after a particular period and the method to be followed
- It will be obligatory to obtain a structural engineer’s certificate about the structural safety of the building after the building completes a particular period of its life by conducting a structural inspection in order to ascertain whether it is structurally safe or not. It will be the responsibility of the concerned landlord or the cooperative housing society to obtain such certificate after such inspection. It shall be the responsibility of the Municipal Corporation to monitor whether such work is properly carried out. However, considering the fact that this work will add to the burden of the Municipal Corporation, if the work is assigned to their Engineers, the government has accepted the recommendation of the committee to assign the said work of safety inspection of buildings and the issue of certificate to the structural engineers certified by the Municipal Corporation. For this the Municipal Corporaton shall prepare a list of about 100 to 150 qualified and proper structural engineers. The main features of the structural safety inspection of the building shall be as follows:-
(a) Structural engineers of experience, noteworthy actions, integrity and actual experience of construction shall be included in the list of structural engineers. Regulations may be prepared in that regard.
(b) The list of certified structural engineers shall be revised every two years and opportunity shall be given to new structural engineers.
(c) Certification of the buildings, which have completed the life of 15 years, shall be started.
(d) The buildings in the age group of 15- 30 years shall be subjected to certification every five years. Buildings which have completed life of more than 30 years shall be subjected to certification every three years. In this way it will be possible to exercise proper control over the safety of the buildings throughout their entire life span.
(e) The municipal Corporation shall monitor the work of preparation of list of structural engineers or the institutions, which certify the construction, the work of inspection of buildings through such structural engineers etc. so as to ensure proper maintenance of the buildings.
(ee) Those persons or institutions which do not fulfil the requirement of certification within the prescribed period shall be liable to pay fine. Provision should be made for cancellation of the occupation certificate of the persons or the institutions, which do not pay fine.
(f) Those certified structural engineers whose performance is improper or insufficient shall be dropped from the list and opportunity shall be given to new engineers.
The Department of urban Development shall take prompt action to make necessary provisions in the BMC Act or in the rules framed there under in order to implement the aforementioned things.
Responsibility of the Co-operative Housing Societies and the principles governing the same
- The committee considered the financial condition, Buildings Repairs and Maintenance Fund, Sinking Fund and Debt Repayment Fund of the Cooperative housing societies. The committee applied its mind to problems such as the insufficient maintenance of the buildings, paucity of funds for repairs and redevelopment and also to their possible solutions. The committee has recommended effective implementation of the rules as well as necessary changes in the rules in that regard.
The committee has submitted a draft of the proposed amendments to be carried out to the Maharashtra Co-operative Societies Act, 1960 along with this report. These amendments inter-alia include provisions in regard to the functioning of the co-operative housing societies, arrears of their various funds and the recovery thereof, regular control over the business of co-operative housing societies and the appointment of a Manager to deal with the works of recovery, repairs and maintenance etc.
- In the context of the recommendations contained in chapter 7 of the Afzulpurkar committee report Department of Co-operation, Marketing & Textiles has given the following remark:-
(a) The concerned officers have already been directed to ensure adoption of the Model Bye-Laws by the co-operative housing societies. As the model Bye-laws contain provisions for internal working of the societies, it is not necessary to make separate rules for these societies as per the recommendations of the Afzulpurkar Committee.
(b) With regard to recommendations of the committee to make provisions in the parent Act and the rules made there under in respect of the Sinking Fund and Repairs Fund, it is remarked that Model Bye-Laws already contain necessary provisions for contribution to the Sinking Fund (Disbursement of Loan) and the Repairs & Maintenance Fund and that such provisions are sufficient and proper.
(c) With regard to recommendations of the committee for decentralisation of sections of 101 and 156 of the Co-operative Act, it is remarked that Sections 101 and 156 of the Maharashtra Cooperative Societies Act, 1960 contain provisions for recovery of arrears from the members; hence it is not necessary to amend the said Act. Furthermore, all the Registrars have been directed to dispose of the cases under section 101 within a period of two months. Under section 156 the Registrars have the power to attach and sell the property of a particular value. As the Act contains sufficiently stringent provisions for the recovery of arrears, it is not necessary to amend the Act.
(d) With regard to the recommendations of the committee about appointment of Managers to the Co-operative Housing Societies, it is remarked that Co-operative Housing societies are autonomous bodies and if the government interferes to appoint a Manager, it may be challenged in the Courts. Hence, it would not be advisable for the government to appoint a Manager.
(e) With regard to the recommendations of the committee about amendment in the definitions of Member, Joint Member, Associate Member and sympathiser member and to make it applicable only to co-operative housing societies, it is remarked that definitions of Members etc. as contained in the Maharashtra Co-operative Societies Act, Rules and Model bye-Laws are very clear and need no amendment.
(ee) With regard to the recommendations of the committee about Managers, their powers and duties, it is remarked that Co-operative Housing societies are autonomous bodies; hence, it would not be advisable for the government to appoint a Manager. As such there is no need to carry out amendment to the said Act.
(f) With regard to the recommendations of the committee for making provisions about the Sinking Fund & Maintenance Fund of the Co-operative housing societies and for recovery of the arrears from the members, it is remarked that the said Act, Rules and model bye-laws contain provisions in this regard, hence it is not necessary to carry out amendment to the said Act.
(g) With regard to the recommendations of the committee regarding expulsion of the continuously defaulting member, it is remarked that section 35 of the said Act contains provision regarding expulsion of the continuously defaulting member, hence, it is not necessary to carry out fresh amendment to the said Act.
(h) With regard to the recommendations of the committee regarding internal changes/alterations carried out in the flats and the power of inspection of flats, it is remarked that Bye-Law No.47 of the Model Bye-Laws envisages the member to seek permission of the co-operative housing society before carrying out alterations/additions to his flat. Bye-law No.48 contains provisions for inspection of a member’s flat, to submit a report regarding necessity of repairs and the society carrying out repairs at the expenses of the member.
Against this background the Department of Co-operation, Marketing & Textiles has clarified that there is no need for amendment to the said Act and the rules there under, as suggested by the Afzulpurkar Committee.
Insurance of the buildings in the suburbs and extended suburbs
- The committee has recommended that the occupiers of the buildings insure their buildings with a view to ensuring protection of the life and property of the occupiers of the buildings. It is expected that with a compulsory insurance all attempts would be made to maintain the building in a safe condition. The committee has recommended that for a flat admeasuring about 450 Sq. Ft., the monthly insurance premium should not exceed Rs. 25/—Rs.30/-. The committee has commented that this premium will be affordable to the occupiers. The government has accepted this recommendation of the committee.
- In the context of insuring buildings in the suburbs, Director of Insurance, Government Insurance Fund, Directorate of Insurance, Maharashtra State, had submitted the following proposal:-
(a) For comprehensive insurance of every flat in the buildings (including tenanted and ownership buildings), an yearly premium of Rs. 300/- will be charged.
(b) In the event of injury or loss of life caused by a building collapse, a maximum insurance protection of Rs.50,000/- per person will be available (in stead of Rs- 10,000/-at present ), against yearly insurance premium of Rs. 5,00,000/- (instead of earlier insurance premium of Rs. 5,87,000/-). The government has sanctioned the said proposal of the Director of Insurance and accordingly the Director shall proceed to act in that regard.
The Scheme of Redevelopment of extremely old/ dangerous buildings declared by the Municipal Corporation for Greater Mumbai
- The developer/Co-operative Housing Society shall bear the entire cost of the newly constructed building, meant to redevelop old tenanted building. Building receiving incentive floor space index (extra floor space index) shall have to be included in the list published by the government.(In terms of decision no-3 as cited in paragraph-6). From this standpoint the government has approved the recommendation of the committee to grant incentive/extra floor space index. Accordingly, incentive Floor Space Index will be available over and above the present 1.00 floor space index free of cost. The said incentive Floor space will vary from building to building according to its prevailing circumstances. It will be more than 1.00 F.S.I permissible in the suburbs and the extended suburbs. However, the government has decided to limit the total F.S.I to 2.00 after including the extra floor space index available on the plot. The formula for working out the incentive floor space index is indicated in the Appendix “A” to the said resolution. Independent action is being taken under section 37 of The Maharashtra Regional and Town Planning Act, 1966 to effect necessary changes anticipated for determining this formula.
- The government has approved the recommendation made by the committee regarding the premises for determining the incentive floor space index. These premises are indicated in Appendix “B” to this resolution.
- Tenants/occupiers in the old buildings will be provided flats in the new buildings free of cost and on ownership basis.
Regarding telescopic charging of the Property tax
- Original tenants of the old buildings will be charged property tax in respect of their flats in redeveloped buildings on telescopic basis along the lines of Slum Rehabilitation Scheme.
Regarding fixation of the cut-off date for determining the number of tenants
- The committee has recommended fixation of some day in the year 1986, in order to check the growth of tenants and to determine the number of genuine tenants while redeveloping old buildings. However, after considering the overall matters the government has decided to fix 23. 11. 2000 as the “Cut-off Date” which is the date on which the committee submitted its report to the government.
Regarding development of ‘Gavthans’
- The government has approved the following recommendations of the committee in order to boost the work of redevelopment in the 60 ‘Gavthans’ on the outskirts of Municipal Corporation of Gr. Mumbai.
(a) The approved principles governing the grant of floor space index in the city of Mumbai will be applicable to these ‘Gavthans’.
(b) ‘Gavthans’ shall have only two to three roads of 3.6 Mts. width for traffic purpose. Attempts should not be made to widen the remaining roads that are already in existence. These roads can be used for the entry of pedestrians. Thus, all the plots will become accessible by walk and by vehicle.
(c) It is impossible to keep width of all the roads in conformity with the standards of the Fire Brigade. Hence, it is incumbent for the Fire Brigade to devise some methods for fire fighting in the old ‘Gavthans’. For this purpose it may resort to modern technology.
(d) For travelling to every plot/destination in the ‘Gavthan’ area, motorable road is not necessary.
(e) Since marginal open space is not available in the ‘Gavthan’, it should not be insisted upon while carrying out development.
In the context of the aforesaid recommendations, Department of urban Development is taking appropriate steps for carrying out necessary amendments to the Development Control Regulation vis-à-vis the ‘Gavthans’.
- It has been decided to appoint a work group under the chairmanship of the Commissioner/Add. Commissioner of the Municipal Corporation of Gr. Mumbai to implement this resolution. The orders for determining the nature and jurisdiction of this work group will be separately issued.
- The said Government Resolution has been issued with concurrence of the Department of Urban Development and the Department of Co-operation, Marketing and Textile.
- This Government Resolution is available on the web site of the Government of Maharashtra and its computer code number is 20060602172213001.
In the name of and by the order of the Governor of Maharashtra. Sd/-
(N. Ramarao)
Principal Secretary to the Government
C.C:-
- Secretary to His Excellency the Governor, (By Post)
- Principal Secretary to the Hon’ Chief Minister,
- Secretary to the Hon’ Deputy Chief Minister,
- Personal Assistant to the Hon’ Minister for state (Housing)
- Private Secretary to the Hon’ Minister for state, Urban Development ,
- Hon’ Chief Secretary, Maharashtra Government, Mantralaya, Mumbai-400 032,
- Commissioner, Municipal Corporation for Gr. Mumbai, Mahapalika Marg, Fort, Mumbai-400 001,
- Metropolitan Commissioner, Mumbai Metropolitan Region Development Authority, Bandra Complex, opposite Pay & Accounts Office, Bandra (East), Mumbai-51,
- Additional Chief Secretary, Finance Department, Mantralaya, Mumbai- 400 032,
- Principal Secretary, (1) Department of Urban Development, Mantralaya, Mumbai- 400 032,
11) Principal Secretary, (2) Department of urban Development, Mantralaya, Mumbai-
400 032,
12) Secretary, Department of Co-operation, Mantralaya, Mumbai- 400 032,
13) Secretary, Department of relief work and rehabilitation, Mantralaya, Mumbai- 400
032,
14) Secretary, Department of Law and judiciary, Mantralaya, Mumbai- 400 032,
15) Inspector General of Registration, Maharashtra State, New Administrative
Building, ground floor, Pune-411 001,
16) Commissioner of Co-operation and Registrar, Cooperative Societies,
Maharashtra State, Pune,
17) Deputy Chairman and Chief Executive Officer, Maharashtra Housing and Area
Development Authority, Griha Nirman Bhavan, Bandra (East), Mumbai-400 051
18) Director General, Directorate of Information & Public Relations, Mantralaya,
Mumbai- 400 032,
19) Director of Insurance, Government Insurance Fund, Directorate of Insurance,
Maharashtra State, Griha Nirman Bhavan, 1st Floor, Bandra (East), Mumbai- 400
051,
20) Collector, Mumbai City, Old Customs House, Fort, Mumbai-400 001,
21) Collector, Mumbai Suburban District, Bandra (East), Mumbai- 400 051,
22) Chief Officer, Mumbai Building Repairs & Redevelopment Board, Griha Nirman Bhavan, Bandra (East), Mumbai-400 051,
23) Joint Registrar, Co-operative Societies, Malhotra House, opposite G.P.O, Mumbai- 400 001,
24) Chief Engineer, Maharashtra Housing & Area Development Authority, Griha Nirman Bhavan, Bandra (East), Mumbai-400 051,
25) Chief Engineer, (Development Schemes) Municipal Corporation for Gr. Mumbai, Mahapalika Marg, Fort, Mumbai-400 001,
26) Chief Engineer, (City) Building Proposals, Municipal Corporation for Gr. Mumbai, Mahapalika Marg, Fort, Mumbai-400 001,
27) Director, (Engineering services and projects), Municipal Corporation for Gr. Mumbai, Mahapalika Marg, Fort, Mumbai-400 001,
28) Chief Fire Officer, Municipal Corporation for Gr. Mumbai, Fire Brigade Head Quarters, Byculla, Mumbai-400 008,
29) Deputy Chief Engineer (Building Proposals), Mumbai Buildings Repairs & Redevelopment Board, Griha Nirman Bhavan, Bandra (East), Mumbai- 400 051, 30) Deputy Chief Engineer (Redevelopment), Mumbai Building Repairs & Redevelopment Board, Shankar Abaji Palav Marg, Shindevadi, Dadar, Mumbai-14
31) Deputy Chief Engineer, North/South, Mumbai Buildings Repairs & Redevelopment Board, Shankar Abaji Palav Marg, Shindevadi, Dadar, Mumbai-14
32) All karyasans in the Housing Department, Mantralaya, Mumbai-400 032,
33) Nivad Nasti (Du.Va.Pu-1Karyasan) Housing Department, Mantralaya, Mumbai-32
APPENDIX- “A”
Formula for working out incentive floor space index:-
The following formula has been fixed for working out incentive floor space index in the matters of buildings that are redeveloped. As indicated in the Government Resolution (decision Nos. 3 and 11 as cited in paragraph No.6 of the G.R) this formula will apply only to those buildings, which are notified for redevelopment. The terms used in this formula are as follows:-
(1) RA= Rehabilitation Area
Rehabilitation Construction Area means, the tally of the floor space of the flats in the use of Persons/families in the buildings + Additional area to the extent of 20% of such area + area under public use.
(2) MV= Market Value
(3) C= Rate of Cost of Construction per square metre.
Formula:-
(4) Incentive Floor Space = Z .
(MV- C)
In this formula value of Z is as follows.
(5) (Z = RA x C)
In this formula the premises (Basis) are as follows:-
RA={Rehabilitation construction Area worked out after totaling the floor space of each flat/tenement in the building to be redeveloped and the extra 20% area will be treated as the area of tenement/flat of the tenement holder. Since walls in the old buildings are of load bearing type, it would be advisable to increase such floor space by 20%. This will be the built-up Area of each flat.
To give benefit of the public space such area will have to be worked out separately. After adding this area to the construction area indicated above, the total construction area required for rehabilitation of tenants/tenement-holders in the redeveloped building will be worked out. Of course, even in the redeveloped building benefit of the public space will be limited to the public utility. Care should be taken to ensure that no single tenant or person hogs the entire benefit of the area available on account of public space.
(6) MV = Market Value of the construction Area— The Inspector General of Registration for the State of Maharashtra every year publishes a Ready Reckoner. The rate of flat in terms of sale for each ward or its division in the suburbs of Mumbai as indicated in the Ready Reckoner will be treated as the Market Value of the construction. Since this rate of market value is as per Ready Reckoner and pre-determined, it will ensure fairness and objectivity in using the formula and in working out the incentive floor space index.
(7) C=Rate of Cost of Construction per square metre.— The Commissioner, Municipal Corporation for Greater Mumbai will determine this rate on the 1st of January every year for that year. Because of determination of the rate, fairness will be ensured and malpractices will be checked. In determining the rate of cost of construction per square metre, the Commissioner shall have due regard to the circumstances and the total cost of the project.
(8) Z = Total cost of Rehabilitation project (RA x C)
As indicated in the foregoing paragraph, the incentive floor space available to the developer under this scheme will be as per the following formula:-
Incentive Floor Space = . Z .
(MV- C)
(The definitions of MV and C are given in the foregoing paragraphs)
Floor space worked out by the above formula will be available to the developer/Cooperative Housing Society free of cost over and above the 1.00 permissible F.S.I.
(9) In the above formula, it is presumed that the developer shall bear the entire cost (i.e. 100%) of redevelopment work. It is expected that 80% to 85% old and dilapidated buildings in the suburbs and extended suburbs, which are in need of redevelopment will participate and take the benefit of this scheme, if the above formula were to be used for redevelopment of old buildings (in need of redevelopment) in the suburbs. Each building will get the incentive floor space index as per the above formula. Total Floor Space index (inclusive of the incentive floor space index) will be limited to 2.00 F.S.I.
APPENDIX “B”
The premises (Basis) considered by the committee for determining the formula for working out incentive floor space index.
In determining the said formula factors such as the rate of cost of construction fixed by the Municipal corporation, the prevailing market rate of sale (per Sq. metre) for residential user of flat as indicated in the Ready Reckoner, have been considered. Because of determination of the formula, unnecessary future controversies or difficulties can be averted while sanctioning any scheme. It will ensure objectivity, fairness and transparency in the Modus Operandi. It will avert delay in the decision making process. In using this formula the following premises and ancillary factors are specified.
* The Commissioner, Municipal Corporation of Gr. Mumbai shall declare the rate of cost of construction for rehabilitation on the 1st of January every year. It will be treated as a valid rate. It would be advisable to declare the rate by dividing Greater Mumbai into 4/5 divisions.
* The developer will have to bear 100% cost of rehabilitation construction in respect of the additional area allotted to the landlord and the resident of the society. Hence, tenement holder will get a flat in the redeveloped building free of cost.
* In computing the cost of construction, the profit of the developer will be pegged at 25% of the cost of rehabilitation construction. Moreover, 5% of the cost of rehabilitation construction will be added in working out the rate of cost of construction, as incentive to the occupier, landlord of the land/building. This amount will be available to the occupier or landlord towards compensation in respect of land or building. As indicated above, in determining the rate of cost of construction due regard shall be had to the realistic cost of project and the factors mentioned above.
* For this purpose the rate of sale per Sq. Metre for flats as indicated in the yearly Ready Reckoner should be considered. This Scheme should be made applicable as per village and case, along the lines of Ready Reckoner, which divides suburbs and extended suburbs into 105 villages.
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REGISTRATION ACT, 1908
REGISTRATION ACT, 1908
(16 of 1908)
[18th December, 1908]
An Act to consolidate the enactments relating to the Registration of Documents
Whereas it is expedient to consolidate the enactments relating to the registration of documents: it is hereby enacted as follows:-
PART I
PRELIMINARY
- Short title, extent and commencement,-
(1) This Act may be called the Registration Act, 1908.
(2) It extends to the whole of India except the State of Jammu and Kashmir:
Provided that the State Government may exclude any district or tracts of country from its operation.
(3) It shall come into force on the first day of January, 1909.
- Definitions,-
In this Act, unless there is anything repugnant in the subject or context,-
(1) “addition” means the place of residence, and the profession, trade, rank and title, (if any) of a person described, and, in the case of an Indian, his father’s name, or where he is usually described as the son of his mother, then his mother’s name;
(2) “book” includes a portion of a book and also any number of sheets connected together with a view of forming a book or portion of a book;
(3) “district” and “sub-district” respectively means a district and sub-district formed under this Act;
(4) “District Court” includes the High Court in its ordinary original civil jurisdiction;
(5) “endorsement” and “endorsed” include and apply to an entry in writing by a registering officer on a rider or covering slip to any document tendered for registration under this Act;
(6) “immovable property” includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass;
(6A) “India” means the territory of India excluding the State of Jammu and Kashmir;
(7) “lease” includes a counterpart, kabuliyat, an undertaking to cultivate or occupy, and an agreement to lease;
(8) “minor” means a person who, according to the personal law to which he is subject, has not attained majority;
(9) “movable property” includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property; and
(10) “representative” includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot.
PART II
OF THE REGISTRATION ESTABLISHMENT
- Inspector- General of Registration,-
(1) The State Government shall appoint an officer to be the Inspector General of Registration for the territories subject to such government:
Provided that the State Government may, instead of making such appointment, direct that all or any of the powers and duties hereinafter conferred and imposed upon the Inspector-General shall be exercised and performed by such officer or officers, and within such local limits, as the State Government appoints in this behalf.
(2) Any Inspector-General may hold simultaneously any other office under the Government.
- [******Repealed******]
- Districts and sub-district,-
(1) For the purposes of this Act, the State Government shall form districts and sub-districts, and shall prescribe, and may alter, the limits of such districts and sub-districts.
(2) The districts and sub-districts formed under this section, together with the limits thereof, and every alteration of such limits, shall be notified in the Official Gazette.
(3) Every such alteration shall take effect on such day after the date of the notification as is therein mentioned.
- Registrars and Sub-Registrars,-
The State Government may appoint such persons, whether public officers or not, as it thinks proper, to be Registrars of the several districts, and to be Sub-Registrars of the several sub-districts, formed as aforesaid, respectively.
- Offices of Registrar and Sub-Registrar,-
(1) The State Government shall establish in every district an office to be styled the office of the Registrar and in every sub-district an office or offices to be styled the office of the Sub-Registrar or the offices of the Joint Sub-Registrars.
(2) The State Government may amalgamate with any office of a Registrar any office of a Sub-Registrar subordinate to such Registrar, and may authorise any Sub-Registrar whose office has been so amalgamated to exercise and perform, in addition to his own powers and duties, all or any of the powers and duties of the Registrar to whom he is subordinate:
Provided that no such authorisation shall enable a Sub-Registrar to hear an appeal against an order passed by himself under this Act.
- Inspectors of Registration offices,-
(1) The State Government may also appoint officers, to be called Inspectors of Registration offices, and may prescribe the duties of such officers.
(2) Every such Inspector shall be subordinate to the Inspector-General.
- [******Repealed********]
- Absence of Registrar or vacancy in his office,-
(1) When any Registrar, other than the Registrar of a district including a Presidency-town is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf, or, in default of such appointment, the Judge of the District Court within the local limits of whose jurisdiction the Registrar’s office is situate, shall be the Registrar during such absence or until the State Government fills up the vacancy.
(2) When the Registrar of a district including a Presidency-town is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf shall be the Registrar during such absence, or until the State Government fills up the vacancy.
- Absence of Registrar on duty in his district,-
When any Registrar is absent from his office on duty in his district, he may appoint any Sub-Registrar or other person in his district to perform, during such absence, all the duties of a Registrar except those mentioned in sections 68 and 72.
- Absence of Sub-Registrar or vacancy in his office,-
When any Sub-Registrar is absent, or when his office is temporarily vacant, any person whom the Registrar of the district appoints in this behalf shall be Sub- Registrar during such absence, or until the vacancy is filled up.
- Report to State Government of appointments under sections 10, 11 and 12,-
(1) All appointments made under section 10, section 11 or section 12 shall be reported to the State Government by the Inspector-General.
(2) Such report shall be either special or general, as the State Government directs.
- Establishments of registering officers,-
(1) [*********]
(2) The State Government may allow proper establishments for the several offices under this Act.
- Seal of registering officers,-
The several Registrars and Sub-Registrars shall use a seal bearing the following inscription in English and in such other language as the State Government directs:-
“The seal of the Registrar (or of the Sub-Registrar) of”.
- Register-books and fire-proof boxes,-
(1) The State Government shall provide for the office of every registering officer the books necessary for the purposes of this Act.
(2) The books so provided shall contain the forms from time to time prescribed by the Inspector-General, with the sanction of the State Government, and the pages of such books shall be consecutively numbered in print, and the number of pages in each book shall be certified on the title-page by the officer by whom such books are issued.
(3) The State Government shall supply the office of every Registrar with a fire-proof box, and shall in each district make suitable provision for the safe custody of the records connected with the registration of documents in such district.
PART III
OF REGISTRABLE DOCUMENTS
- Documents of which registration is compulsory,-
(1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866 (20 of 1866), or the Indian Registration Act, 1871 (8 of 1871), or the Indian Registration Act, 1877 (3 of 1877) or this Act came or comes into force, namely:-
(a) instruments of gift of immovable property;
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and
(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
(e) non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property:
Provided that the State Government may, by order published in the Official Gazette, exempt from the operation of this sub-section any leases executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rent reserved by which do not exceed fifty rupees.
(2) Nothing in clauses (b) and (c) of sub-section (1) applies to-
(i) any composition-deed; or
(ii) any instrument relating to shares in a joint Stock Company, notwithstanding that the assets of such company consist in whole or in part of immovable property; or
(iii) any debenture issued by any such company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except insofar as it entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or
(iv) any endorsement upon or transfer of any debenture issued by any such company; or
(v) any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or
(vi) any decree or order of a court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding; or
(vii) any grant of immovable property by government; or
(viii) any instrument of partition made by a revenue-officer; or
(ix) any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871 (26 of 1871), or the Land Improvement Loans Act, 1883 (19 of 1883); or
(x) any order granting a loan under the Agriculturists Loans Act, 1884 (12 of 1884), or instrument for securing the repayment of a loan made under that Act; or
(xa) any order made under the Charitable Endowments Act, 1890, (6 of 1890) vesting any property in a Treasurer of Charitable Endowments or divesting any such treasurer of any property; or
(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or
(xii) any certificate of sale granted to the purchaser of any property sold by public auction by a civil or revenue-officer.
Explanation:- A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money.
(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by a will, shall also be registered.
- Documents of which registration is optional,-
Any of the following documents may be registered under this Act, namely:-
(a) instruments (other than instruments of gift and wills) which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of a value less than one hundred rupees, to or in immovable property;
(b) instruments acknowledging the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest;
(c) leases of immovable property for any term not exceeding one year, and leases exempted under section 17;
(cc) instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of a value less than one hundred rupees, to or in immovable property;
(d) instruments (other than wills) which purport or operate to create, declare, assign, limit or extinguish any right, title or interest to or in movable property;
(e) wills; and
(f) all other documents not required by section 17 to be registered.
- Documents in language not understood by registering officer,-
If any document duly presented for registration be in a language which the registering officer does not understand, and which is not commonly used in the district, he shall refuse to register the document, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy.
- Documents containing interlineations, blanks, erasures or alterations,-
(1) The registering officer may in his discretion refuse to accept for registration any document in which any interlineation, blank, erasure or alteration appears, unless the persons executing the document attest with their signatures or initials such interlineation, blank, erasure or alteration.
(2) If the registering officer registers any such document, he shall, at the time of registering the same, make a note in the register of such interlineation, blank, erasure or alteration.
- Description of property and maps or plans,-
(1) No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same.
(2) Houses in towns shall be described as situate on the north or other side of the street or road (which should be specified) to which they front, and by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered.
(3) Other houses and land shall be described by their name, if any, and as being the territorial division in which they are situate, and by their superficial contents, the roads and other properties on which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a government map or survey.
(4) No non-testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plans as are equal to the number of such districts.
- Description of houses and land by reference to government maps of surveys,-
(1) Where it is, in the opinion of the State Government, practicable to describe houses, not being houses in towns, and lands by reference to a government map or survey, the State Government may, by rule made under this Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so described.
(2) Save as otherwise provided by any rule made under sub-section (1), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property.
PART IV
OF THE TIME OF PRESENTATION
- Time for presenting documents,-
Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution:
Provided that a copy of a decree or order may be presented within four months from the date on which the decree or order was made or, where it is appealable, within four months from the day on which it becomes final.
23-A. Re-registration of certain documents,-
Notwithstanding anything to the contrary contained in this Act, if in any case a document requiring registration has been accepted for registration by a Registrar or Sub-Registrar from a person not duly empowered to present the same, and has been registered, any person claiming under such document may, within four months from his first becoming aware that the registration of such document is invalid, present such document or cause the same to be presented, in accordance with the provisions of Part VI for re-registration in the office of the Registrar of the district in which the document was originally registered; and upon the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same, he shall proceed to the re-registration of the document as if it has not been previously registered, and as if such presentation for re-registration was a presentation for registration made within the time allowed therefor under Part IV, and all the provisions of this Act, as to registration of documents, shall apply to such re-registration; and such document, if duly re-registered in accordance with the provisions of this section, shall be deemed to have been duly registered for all purposes from the date of its original registration:
Provided that, within three months from the twelfth day of September, 1917, any person claiming under a document to which this section applies may present the same or cause the same to be presented for re-registration in accordance with this section, whatever may have been the time when he first became aware that the registration of the document was invalid.
- Documents executed by several persons at different times,-
Where there are several persons executing a document at different times, such document may be presented for registration and re-registration within four months from the date of each execution.
- Provision where delay in presentation is unavoidable,-
(1) If, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in India is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration.
(2) Any application for such direction may be lodged with Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.
- Documents executed out of India,-
When a document purporting to have been executed by all or any of the parties out of India is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the registering officer, if satisfied-
(a) that the instrument was so executed, and
(b) that it has been presented for registration within four months after its arrival in India,
may, on payment of the proper registration-fee, accept such document for registration.
- Wills may be presented or deposited at any time,-
A will may at any time be presented for registration or deposited in manner hereinafter provided.
PART V
OF THE PLACE OF REGISTRATION
- Place for registering documents relating to land,-
Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (1), clauses (a), (b), (c), (d) and (e), section 17, sub-section (2), insofar as such document affects immovable property, and section 18, clauses (a), (b) (c) and (cc), shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate.
- Place for registering other documents,-
(1) Every document not being a document referred to in section 28 or a copy of a decree or order, may be presented for registration either in the office of the Sub-Registrar in whose sub-district the document was executed, or in the office of any other Sub-Registrar under the State Government at which all the persons executing and claiming under the document desire the same to be registered.
(2) A copy of a decree or order may be presented for registration in the office of the Sub-Registrar in whose sub-district the original decree or order was made or, where the decree or order does not affect immovable property, in the office of any other Sub-Registrar under the State Government at which all the persons claiming under the decree or order desire the copy to be registered.
- Registration by Registrars in certain cases,-
(1) Any Registrar may in his discretion receive and register any document which might be registered by any Sub-Registrar subordinate to him.
(2) The Registrar of a district in which a Presidency-Town is included and the Registrar of the Delhi district may receive and register any document referred to in section 28 without regard to the situation in any part of India of the property to which the document relates.
- Registration or acceptance for deposit at private residence,-
In ordinary cases the registration or deposit of documents under this Act shall be made only at the office of the officer authorised to accept the same for registration or deposit:
Provided that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will.
PART VI
OF PRESENTING DOCUMENTS FOR REGISTRATION
- Persons to present documents for registration,-
Except in the cases mentioned in sections 31, 88 and 89, every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration office-
(a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or
(b) by the representative or assignee of such a person, or
(c) by the agent of such a person, representative or assign, duly authorised by power-of-attorney executed and authenticated in manner hereinafter mentioned.
- Power-of-attorney recognizable for purposes of section 32,-
(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognised, namely:-
(a) if the principal at the time of executing the power-of-attorney resides in any part of India in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;
(b) if the principal at the time aforesaid resides in any part of India in which this Act is not in force, a power-of-attorney executed before and authenticated by any Magistrate;
(c) if the principal at the time aforesaid does not reside in India, a power-of-attorney executed before and authenticated by Notary Public, or any court, Judge, Magistrate, Indian Consul or vice-consul, or representative of the Central Government:
Provided that the following persons shall not be required to attend at any registration-office or court for the purpose of executing any such power-of attorney as is mentioned in clauses (a) and (b) of this section, namely-
(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;
(ii) persons who are in jail under civil or criminal process; and
(iii) persons exempt by law from personal appearance in court.
Explanation:- In this sub-section “India” means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897 (10 of 1897).
(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or court aforesaid.
(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination.
(4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or court hereinbefore mentioned in that behalf.
- Enquiry before registration by registering officer,-
(1) Subject to the provisions contained in this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, unless the person executing such document, or their representatives, assigns or agents authorised as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26:
Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered.
(2) Appearances under sub-section (1) may be simultaneous or at different times.
(3) The registering officer shall thereupon-
(a) enquire whether or not such document was executed by the person by whom it purports to have been executed;
(b) satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document; and
(c) in the case of any person appearing as a representative, assignee or agent, satisfy himself of the right of such person so to appear.
(4) Any application for a direction under the proviso to sub-section (1) may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.
(5) Nothing in this section applies to copies of decrees or orders.
- Procedure on admission and denial of execution respectively,-
(1)(a) If all the persons executing the document appear personally before the registering officer and are personally known to him, or if he be otherwise satisfied that they are the persons they represent themselves to be, and if they all admit the execution of the document, or
(b) If in the case of any person appearing by a representative, assignee or agent, such representative, assignee or agent admits the execution, or
(c) If the person executing the document is dead, and his representative or assignee appears before the registering officer and admits the execution,
the registering officer shall register the document as directed in sections 58 to 61, inclusive.
(2) The registering officer may, in order to satisfy himself that the persons appearing before him are the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine any one present in his office.
(3)(a) If any person by whom the document purports to be executed denies its execution, or
(b) if any such person appears to the registering officer to be a minor, an idiot or a lunatic, or
(c) if any person by whom the document purports to be executed is dead, and his representative or assignee denies its execution,
the registering officer shall refuse to register the document as to the person so denying, appearing or dead:
Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII:
Provided Further that the State Government may, by notification in the Official Gazette, declare that any Sub-Registrar named in the notification shall, in respect of documents the execution of which is denied, be deemed to be a Registrar for the purposes of this sub-section and of Part XII.
PART VII
OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES
- Procedure where appearance of executant or witness is desired,-
If any person presenting any document for registration or claiming under any document, which is capable of being so presented, desires the appearance of any person whose presence or testimony is necessary for the registration of such document, the registering officer may, in his discretion, call upon such officer or court as the State Government directs in this behalf to issue a summons requiring him to appear at the registration-office, either in person or by duly authorised agent, as in the summons may be mentioned, and at a time named therein.
- Officer or court to issue and cause service of summons,-
The officer or court, upon receipt of the peon’s fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon the person whose appearance is so required.
- Persons exempt from appearance at registration office,-
(1)(a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or
(b) a person in jail under civil or criminal process, or
(c) persons exempt by law from personal appearance in court, and who would but for the provisions next hereinafter contained be required to appear in person at the registration-office,
shall not be required so to appear.
(2) In the case of every such person the registration-officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination.
- Law as to summonses, commissions and witnesses,-
The law in force for the time being as to summonses, commissions and compelling the attendance of witnesses and for their remuneration in suits before civil courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission issued and any person summoned to appear under the provisions of this Act.
PART VIII
OF PRESENTING WILLS AND AUTHORITIES TO ADOPT
- Persons entitled to present Wills and authorities to adopt,-
(1) The testator, or after his death any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration.
(2) The donor, or after his death the donee, of any authority to adopt, or the adoptive son, may present it to any Registrar or Sub-Registrar for registration.
- Registration of Wills and authorities to adopt,-
(1) A will or an authority to adopt, presented for registration by the testator or donor, may be registered in the same manner as any other document.
(2) A will or authority to adopt presented for registration by any other person entitled to present it shall be registered if the registering officer is satisfied-
(a) that the will or authority was executed by the testator or donor, as the case may be;
(b) that the testator or donor is dead; and
(c) that the person presenting the will or authority is, under section 40, entitled to present the same.
PART IX
OF THE DEPOSIT OF WILLS
- Deposit of Wills,-
Any testator may, either personally or by duly authorised agent, deposit with any Registrar his will in a sealed cover superscribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document.
- Procedure on deposit of Wills,-
(1) On receiving such cover, the Registrar, if satisfied that the person presenting the same for deposit is the testator or his agent, shall transcribe in his Register-book No.5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month, day and hour of such presentation and receipt, and the names of any persons who may testify to the identity of the testator or his agent, and any legible inscription which may be on the seal of the cover.
(2) The Registrar shall then place and retain the sealed cover in his fireproof box.
- Withdrawal of sealed cover deposited under section 42,-
If the testator who has deposited such cover wishes to withdraw it, he may apply, either personally or by duly authorised agent, to the Registrar who holds it in deposit, and such Registrar, if satisfied that the applicant is actually the testator or his agent, shall deliver the cover accordingly.
- Proceedings on death of depositor,-
(1) If, on the death of a testator who has deposited a sealed cover under section 42, application be made to the Registrar who holds it in deposit to open the same, and if the Registrar is satisfied that the testator is dead, he shall, in the applicant’s presence, open the cover, and, at the applicant’s expense, cause the contents thereof to be copied into his Book No.3.
(2) When such copy has been made, the Registrar shall re-deposit the original will.
- Saving of certain enactments and powers of courts,-
(1) Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865 (10 of 1865), or of section 81 of the Probate and Administration Act, 1881 (5 of 1881), or the power of any court by order to compel the production of any will.
(2) When any such order is made the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No.3 and make a notice on such copy that the original has been removed in to court in pursuance of the order aforesaid.
PART X
OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION
- Time from which registered document operates,-
A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.
- Registered documents relating to property when to take effect against oral agreements,-
All non-testamentary documents duly registered under this Act, and relating to any property, whether movable or immovable, shall take effect against any oral agreement or declaration relating to such property, unless where the agreement or declaration has been accompanied or followed by delivery of possession and the same constitutes a valid transfer under any law for the time being in force:
Provided that a mortgage by deposit of title-deeds as defined in section 58 of the Transfer of Property Act, 1882 (4 of 1882), shall take effect against any mortgage-deed subsequently executed and registered which relates to the same property.
- Effect of non-registration of documents required to be registered,-
No document required by section 17 or by any provision of the Transfer of Property Act, 1882 (4 of 1882) to be registered shall-
(a) affect any immovable property comprised therein, or
(b) confer any power to adopt, or
(c) be received as evidence of any transaction affecting such property or conferring such power,
unless it has been registered:
Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (1 of 1877), or as evidence of part performance of a contract for the purposes of section 53A of the Transfer of Property Act, 1882 (4 of 1882), or as evidence of any collateral transaction not required to be effected by registered instrument.
- Certain registered documents relating to land to take effect against unregistered documents,-
(1) Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of section 17, sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not.
(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act.
Explanation:- In cases where Act No. XVI of 1864 or the Indian Registration Act, 1866 (20 of 1866), was in force in the place and at the time in and at which such unregistered document was executed, “unregistered” means not registered according to such Act, and, where the document is executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871 (8 of 1871), or the Indian Registration Act, 1877 (3 of 1877), or this Act.
PART XI
OF THE DUTIES AND POWERS OF REGISTERING OFFICERS
(A) As to the register-books and indexes
- Register books to be kept in the several offices,-
(1) The following books shall be kept in the several offices hereinafter named, namely:-
(A) In all registration offices-
Book 1, “Register of non-testamentary documents relating to immovable
property”;
Book 2, “Record of reasons for refusal to register”;
Book 3, “Register of wills and authorities to adopt”; and
Book 4, “Miscellaneous Register”;
(B) In the offices of Registrar’s-
Book 5, “Register of deposits of wills”.
(2) In Book 1 shall be entered or filed all documents or memoranda registered under sections 17,18 and 89 which relate to immovable property, and are not wills.
(3) In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 which do not relate to immovable property.
(4) Nothing in this section shall be deemed to require more than one set of books where the office of the Registrar has been amalgamated with the office of a Sub-Registrar.
- Duties of registering officers when document presented,-
(1)(a) The day, hour and place of presentation, and the signature of every person presenting a document for registration, shall be endorsed on every such document at the time of presenting it;
(b) a receipt for such document shall be given by the registering officer to the person presenting the same; and
(c) subject to the provisions contained in section 62, every document admitted to registration shall without unnecessary delay be copied in the book appropriated therefor according to the order of its admission.
(2) All such books shall be authenticated at such intervals and in such manner as is from time to time prescribed by the Inspector-General.
- Entries to be numbered consecutively,-
All entries in each book shall be numbered in a consecutive series, which shall commence and terminate with the year, a fresh series being commenced at the beginning of each year.
- Current indexes and entries therein,-
In every office in which any of the books hereinbefore mentioned are kept, there shall be prepared current indexes of the contents of such books, and every entry in such indexes shall be made, so far as practicable, immediately after the registering officer has copied, or filed a memorandum of, the document to which it relates.
- Indexes to be made by registering officers, and their contents,-
(1) Four such indexes shall be made in all registration offices, and shall be named, respectively, Index No.I,-Index No.II, Index No.III and Index No. IV.
(2) Index No.I shall contain the names and additions of all persons executing and of all persons claiming under every document entered or memorandum filed in Book No.1.
(3) Index No. II shall contain such particulars mentioned in section 21 relating to every such document and memorandum as the Inspector-General from time to time directs in that behalf.
(4) Index No. III shall contain the names and additions of all persons executing every will and authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, and after the death of the testator or the donor (but not before) the names and additions of all persons claiming under the same.
(5) Index No. IV shall contain the names and additions of all persons executing and of all persons claiming under every document entered in Book No. 4.
(6) Each Index shall contain such other particulars, and shall be prepared in such form, as the Inspector-General from time to time directs.
- Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed,-
[Repealed by the Indian Registration (Amendment) Act, 1929]
- Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries,-
(1) Subject to the previous payment of the fees payable in that behalf, the Book Nos. 1 and 2 and the Indexes relating to Book No. 1 shall be at all times open to inspection by any person applying to inspect the same; and, subject to the provisions of section 62, copies of entries in such books shall be given to all persons applying for such copies.
(2) Subject to the same provisions, copies of entries in Book No.3 and in the Index relating thereto shall be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies.
(3) Subject to the same provisions, copies of entries in Book No.4 and in the Index relating thereto shall be given to any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative.
(4) The requisite search under the section for entries in Book Nos. 3 and 4 shall be made only by the registering officer.
(5) All copies given under this section shall be signed and sealed by the registering officer, and shall be admissible for the purpose of proving the contents of the original documents.
(B) As to the procedure on admitting to registration
- Particulars to be endorsed on documents admitted to registration,-
(1) On every document admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under section 89, there shall be endorsed from time to time the following particulars, namely,-
(a) the signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assignee or agent of any person, the signature and addition of such representative, assignee or agent;
(b) the signature and addition of every person examined in reference to such document under any of the provisions of this Act; and
(c) any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution.
(2) If any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it, but shall at the same time endorse a note of such refusal.
- Endorsements to be dated and signed by registering officer,-
The registering officer shall affix the date and his signature to all endorsements made under sections 52 and 58, relating to the same document and made in his presence on the same day.
- Certificate of registration,-
(1) After such of the provisions of sections 34, 35, 58 and 59 as apply to any document presented for registration have been complied with, the registering officer shall endorse thereon a certificate containing the word “registered “, together with the number and page of the book in which the document has been copied.
(2) Such certificate shall be signed, sealed and dated by the registering officer, and shall then be admissible for the purpose of proving that the document has been duly registered in manner provided by this Act, and that the facts mentioned in the endorsements referred to in section 59 have occurred as therein mentioned.
- Endorsements and certificate to be copied and document returned,-
(1) The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the margin of the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in Book No.1.
(2) The registration of the document shall thereupon be deemed complete, and the document shall then be returned to the person who presented the same for registration, or to such other person (if any) as he has nominated in writing in that behalf on the receipt mentioned in section 52.
- Procedure on presenting document in language unknown to registering officer,-
(1) When a document is presented for registration under section 19, the translation shall be transcribed in the register of documents of the nature of the original, and, together with the copy referred to in section 19, shall be filed in the registration office.
(2) The endorsements and certificate respectively mentioned in sections 59 and 60 shall be made on the original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65 and 66, the translation shall be treated as if it were the original.
- Power to administer oaths and record of substances of statements,-
(1) Every registering officer may at his discretion administer an oath to any person examined by him under the provisions of this Act.
(2) Every such officer may also at his discretion record a notice of the substance of the statement made by each such person, and such statement shall be read over, or (if made in a language with which such person is not acquainted) interpreted to him in a language with which he is acquainted, and, if he admits the correctness of such notice, it shall be signed by the registering officer.
(3) Every such note so signed shall be admissible for the purpose of proving that the statements therein recorded were made by the persons and under the circumstances therein stated.
(C) Special duties of Sub-Registrar
- Procedure where document relates to land in several Sub-Districts,- Every Sub-Registrar on registering a non-testamentary document relating to immovable property not wholly situate in his own sub-district shall make a memorandum thereof and of the endorsement and certificate (if any) thereon, and send the same to every other Sub-Registrar subordinate to the same Registrar as himself in whose sub-district any part of such property is situate, and such Sub-Registrar shall file the memorandum in his Book No.1.
- Procedure where document relates to land in several Districts,-
(1) Every Sub-Registrar on registering a non-testamentary document relating to immovable property situate in more districts than one shall also forward a copy thereof and of the endorsement and certificate (if any) thereon, together with a copy of the map or plan (if any) mentioned in section 21, to the Registrar of every district in which any part of such property is situate other than district in which his own sub-district is situate.
(2) The Registrar on receiving the same shall file in his Book No.1 the copy of the document and the copy of the map or plan (if any), and shall forward a memorandum of the document to each of the Sub-Registrars subordinate to him within whose sub-district any part of such property is situate; and every Sub-Registrar receiving such memorandum shall file in his Book No.1.
(D) Special duties of Registrar
- Procedure after registration of documents relating to land,-
(1) On registering any non-testamentary document relating to immovable property the Registrar shall forward a memorandum of such document to each Sub-Registrar subordinate to himself in whose sub-district any part of the property is situate.
(2) The registrar shall also forward a copy of such document together with copy of the map or plan (if any) mentioned in section 21, to every other Registrar in whose district any part of such property is situate.
(3) Such Registrar on receiving any such copy shall file it in his Book No.1, and shall also send a memorandum of the copy to each of the Sub-Registrars subordinate to him within whose sub-district any part of the property is situate.
(4) Every Sub-Registrar receiving any memorandum under this section shall file it in this Book No.1.
- Procedure after registration under section 30, sub-section (2),-
On any document being registered under section 30, sub-section (2), a copy of such document and of the endorsements and certificate thereon shall be forwarded to every Registrar within whose district any part of the property to which the instrument relates is situate, and the Registrar receiving such copy shall follow the procedure prescribed for him in section 66, sub-section (1).
(E) Of the controlling powers of Registrars and Inspector-General
- Powers of Registrar to superintend and control Sub-Registrars,-
(1) Every Sub-Registrar shall perform the duties of his office under the superintendence and control of the Registrar in whose district the office of such Sub-Registrar is situate.
(2) Every Registrar shall have authority to issue (whether on complaint or otherwise) any order consistent with this Act which he considers necessary in respect of any act or omission of any Sub-Registrar subordinate to him or in respect of the rectification of any error regarding the book or the office in which any document has been registered.
- Power of Inspector-General to superintend registration offices and make rules,-
(1) The Inspector-General shall exercise a general superintendence over all the registration-offices in the territories under the State Government, and shall have power from time to time to make rules consistent with this Act–
(a) providing for the safe custody of books, papers and documents;
(b) declaring what languages shall be deemed to be commonly used in each district;
(c) declaring what territorial divisions shall be recognised under section 21;
(d) regulating the amount of fines imposed under sections 25 and 34, respectively;
(e) regulating the exercise of the discretion reposed in the registering officer by section 63;
(f) regulating the form in which registering officers are to make memoranda of documents,
(g) regulating the authentication by Registrars and Sub-Registrars of the books kept in their respective offices under sections 51;
(gg) regulating the manner in which the instruments referred to in sub-section (2) of section 88 may be presented for registration;
(h) declaring the particulars to be contained in Index Nos. I, II, III and IV, respectively;
(i) declaring the holidays that shall be observed in the registration offices; and
(j) generally, regulating the proceedings of the Registrars and Sub-Registrars.
(2) The rules so made shall be submitted to the State Government for approval, and, after they have been approved, they shall be published in the Official Gazette, and on publication shall have effect as if enacted in this Act.
- Power of Inspector-General to remit fines,-
The Inspector-General may also, in the exercise of his discretion, remit wholly or in part the difference between any fine levied under section 25 or section 34, and the amount of the proper registration fee.
PART XII
OF REFUSAL TO REGISTER
- Reasons for refusal to register to be recorded,-
(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.
(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.
- Appeal to Registrar from orders of Sub-Registrar refusing registration on grounds other than denial of execution,-
(1) Except where the refusal is made on the ground of denial of execution, an appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar is subordinate, if presented to such Registrar within thirty days from the date of the order; and the Registrar may reverse or alter such order.
(2) If the order of the Registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60; and such registration shall take effect as if the document had been registered when it was first duly presented for registration.
- Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution,-
(1) When a Sub-Registrar has refused to register a document on the ground that any person by whom it purports to be executed, or his representative or assign, denies its execution, any person claiming under such document, or his representative, assignee or agent authorised as aforesaid, may, within thirty days after the making of the order of refusal, apply to the Registrar to whom such Sub-Registrar is subordinate in order to establish his right to have the document registered.
(2) Such application shall be in writing and shall be accompanied by a copy of the reasons recorded under section 71, and the statements in the application shall be verified by the applicant in manner required by law for the verification of plaints.
- Procedure of Registrar on such application,-
In such case, and also where such denial as aforesaid is made before a Registrar in respect of a document presented for registration to him, the Registrar shall, as soon as conveniently may be, enquire-
(a) whether the document has been executed;
(b) whether the requirements of the law for the time being in force have been complied with on the part of the applicant or person presenting the document for registration, as the case may be, so as to entitle the document to registration.
- Order by Registrar to register and procedure thereon,-
(1) If the Registrar finds that the document has been executed and that the said requirements have been complied with, he shall order the document to be registered.
(2) If the document is duly presented for registering within thirty days after the making of such order, the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60.
(3) Such registration shall take effect as if the document had been registered when it was first duly presented for registration.
(4) The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the attendance of witness, and compel them to give evidence, as if he were a civil court, and he may also direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (5 of 1908).
- Order of refusal by Registrar,-
(1) Every Registrar refusing-
(a) to register a document except on the ground that the property to which it relates is not situate within his district or that the document ought to be registered in the office of a Sub-Registrar, or
(b) to direct the registration of a document under section 72 or section 75,
shall make an order of refusal and record the reasons for such order in his Book No. 2 and, on application made by any person executing or claiming under the document, shall, without unnecessary delay, give him a copy of the reasons so recorded.
(2) No appeal lies from any order by a Registrar under this section or section 72.
- Suit in case of order of refusal by Registrar,-
(1) Where the Registrar refuses to order the document to be registered, under section 72 or section 76, any person claiming under such document, or his representative, assignee or agent, may, within thirty days after the making of the order of refusal, institute in the civil court, within the local limits of whose original jurisdiction is situate the office in which the document is sought to be registered, a suit for a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree.
(2) The provisions contained in sub-sections (2) and (3) of section 75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this Act, the documents shall be receivable in evidence in such suit.
PART XIII
OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES
- Fees to be fixed by State Government,-
The State Government shall prepare a table of fees payable-
(a) for the registration of documents;
(b) for searching the registers;
(c) for making or granting copies of reasons, entries or documents, before,
on or after registration;
and of extra or additional fees payable—
(d) for every registration under section 30;
(e) for the issue of commissions;
(f) for filing translations;
(g) for attending at private residences;
(h) for the safe custody and return of documents; and
(i) for such other matters as appear to the State Government necessary to
effect the purposes of this Act.
- Publication of fees,-
A table of the fees so payable shall be published in the Official Gazette, and a copy thereof in English and the vernacular language of the district shall be exposed to public view in every registration office.
- Fees payable on presentation,-
All fees for the registration of documents under this Act shall be payable on the presentation of such documents.
PART XIV
OF PENALTIES
- Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure,-
Every registering officer appointed under this Act and every person employed in his office for the purposes of this Act, who, being charged with the endorsing, copying, translating or registering of any document presented or deposited under its provisions, endorses, copies, translates or registers such document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury, as defined in the Indian Penal Code (45 of 1860), to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.
- Penalty for making false statements, delivering false copies or translations, false personation, and abetment,-
Whoever-
(a) intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under this Act; or
(b) intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or
(c) falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act; or
(d) abets anything made punishable by this Act-
shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.
- Registering officer may commence prosecutions,-
(1) A prosecution for any offence under this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permissions of the Inspector-General, the Registrar or the Sub-Registrar, in whose territories, district or sub-district, as the case may be, the offence has been committed.
(2) Offences punishable under this Act shall be triable by any court or officer exercising powers not less than those of a Magistrate of the second class.
- Registering officers to be deemed public servants,-
(1) Every registering officer appointed under this Act shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
(2) Every person shall be legally bound to furnish information to such registering officer when required by him to do so.
(3) In section 228 of the Indian Penal Code (45 of 1860), the words “judicial proceeding” shall be deemed to include any proceeding under this Act.
PART XV
MISCELLANEOUS
- Destruction of unclaimed documents,-
Documents (other than wills) remaining unclaimed in any registration-office for a period exceeding two years may be destroyed.
- Registering officer not liable for things bona fide done or refused in his official capacity,-
No registering officer shall be liable to any suit, claim or demand by reason of anything in good faith done or refused in his official capacity.
- Nothing so done invalidated by defect in appointment or procedure,- Nothing done in good faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid merely by reason of any defect in his appointment or procedure.
- Registration of documents executed by government officers or certain public functionaries,-
(1) Notwithstanding anything contained in this Act, it shall not be necessary for –
(a) any officer of government, or
(b) any Administrator General, Official Trustee or Official Assignee, or
(c) the Sheriff, Receiver or Registrar of a High Court, or
(d) the holder for the time being of such other public office as may be specified in a notification in the Official Gazette issued in that behalf by the State Government,
to appear in person or by agent at any registration-office in any proceeding connected with the registration of any instrument executed by him or in his favour, in his official capacity, or to sign as provided in section 58.
(2) Any instrument executed by or in favour of an officer of government or any other person referred to in sub-section (1) may be presented for registration in such manner as may be prescribed by rules made under section 69.
(3) The registering officer to whom any instrument is presented for registration under this section may, if he thinks fit, refer to any Secretary to Government or to such officer of government or other person referred to in sub-section (1) for information respecting the same and, on being satisfied of the execution thereof, shall register the instrument.
- Copies of certain orders, certificates and instruments to be sent to registering officers and filed,-
(1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883), shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy in his Book No.1.
(2) Every court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No.1.
(3) Every officer granting a loan under the Agriculturists’ Loans Act, 1884 (12 of 1884), shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting the loan, a copy also of that order, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy or copies, as the case may be, in his Book No.1.
(4) Every revenue-officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in the certificate is situate, and such officer shall file the copy in his Book No.1.
EXEMPTION FROM ACT
- Exemption of certain documents executed by or in favour of government,-
(1) Nothing contained in this Act or in the Indian Registration Act, 1877 (3 of 1877), or in the Indian Registration Act, 1871 (8 of 1871), or in any Act thereby repealed, shall be deemed to require, or to have any time required, the registration of any of the following documents or maps, namely:-
(a) documents issued, received or attested by any officer engaged in making a settlement or revision or settlement of land-revenue, and which form part of the records of such settlement; or
(b) documents and maps issued, received or authenticated by any officer engaged on behalf of government in making or revising the survey of any land, and which form part of the record of such survey; or
(c) documents which, under any law for the time being in force, are filed periodically in any revenue-office by patwaris or other officers charged with the preparation of village records; or
(d) sanads, inam, title-deeds and other documents purporting to be or to evidence grants or assignments by government of land or of any interest in land; or
(e) notice given under section 74 or section 76 of the Bombay Land-Revenue Code, 1879 (Bom Act. 5 of 1879), or relinquishment of occupancy by occupants, or of alienated land by holders of such land.
(2) All such documents and maps shall, for the purposes of sections 48 and 49, be deemed to have been and to be registered in accordance with the provisions of this Act.
- Inspection and copies of such documents,-
(1) Subject to such rules and the previous payment of such fees as the State Government, by notification in the Official Gazette, prescribes in this behalf, all documents and maps mentioned in section 90, clauses (a), (b), (c) and (e), and all registers of the documents mentioned in clause (d), shall be open to the inspection of any person applying to inspect the same, and, subject as aforesaid, copies of such documents shall be given to all persons applying for such copies.
(2) Every rule prescribed under this section or made under section 69 shall be laid, as soon as it is made, before the State Legislature.
- Burmese registration rules confirmed,-
[Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937]
- Repeal,-
[Repealed by the Repealing Act, 1938]
THE SCHEDULE
Repeal of enactments
[Repealed by Repealing Act, 1938]