Bare Acts Live

The Gujarat Town Planning and Urban Development Act, 1976

President's Act No. 27 of 1976

guj210

Chapter I

Preliminary

(i) "agriculture" includes-

(a) horticulture;

(b) farming;

(c) raising of crops, fruits, vegetables, grass, fodder, trees or any other kind of cultivation;

(d) breeding and keeping of live-stock, including horses, donkeys, mules, pigs, fish, poultry and bees; and

(e) the use of land for any purpose which is ancillary to its cultivation or to any other agricultural purpose, but does not include the use of land as a garden which is an appendage to a building and the expression "agricultural" shall be construed accordingly;

(ii) "amenity" includes roads, streets, open spaces, parks, playgrounds, recreational grounds, water and electric supply, street lighting, sewerage, drainage, public works and other utility services and conveniences;

(iii) "appropriate authority", in relation to a development area, means an area development authority or an urban development authority, as the case may be;

(iv) "area development authority" means an area development authority constituted under Section 5 [and includes a local authority, designated as such under sub-section (1) of Section 6 or Government company designated as such under Section 6-A];

(v) "authorised officer" means an officer appointed by the State Government under sub-section (2) of Section 9;

(vi) "building operations" includes,-

(a) erection or re-erection of a building or any part thereof;

(b) roofing or re-roofing of a building or any part of a building or any open space;

(c) any material alteration of a building as is likely to affect the alteration of its drainage or sanitary arrangement or to materially affect its security, or the construction of a door opening on any street or land not belonging to the owner;

(vii) "Chief Town Planner" means the officer appointed as Chief Town Planner to the Government of Gujarat;

(viii) "development", with all its grammatical variations and cognate expressions, means the carrying out of any building, 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, and includes layout and sub-division of any land;

(ix) "development area" means an area declared to be a development area under Section 3 or, as the case may be, an urban development area under Section 22;

(x) "development plan" means a plan for the development or re-development or improvement or improvement of a development area;

(xi) "engineering operations" includes the formation or laying out of a street or of means of access to a road or the laying out of means or water supply, drainage, sewerage, supply of electricity or gas or of any other public utility service;

(xii) "final plot" means a plot reconstituted from an original plot and allotted in a town planing scheme as a final plot;

(xiii) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

(xiv) "local authority" means a municipal corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949), as in force in the State of Gujarat, a municipality constituted or deemed to be constituted under the Gujarat Municipalities Act, 1963 (Gujarat XXXIV of 1964), a committee appointed for a notified area under the Gujarat Municipalities Act, 1963 or a gram or nagar panchayat constituted or deemed to be constituted under the Gujarat Panchayats Act, 1961 (Gujarat VI of 1962);

(xv) "notification" means a notification published in the Official Gazette;

(xvi) "occupier" includes,-

(a) any person who for the time being is paying or is liable to pay to the owner the rent of the land or building in respect of which such rent is paid or is payable;

(b) an owner living in or otherwise using his land or building;

(c) a rent free tenant;

(d) a licencee in occupation of any land or building;

(e) any person who is liable to pay to the owner damages or compensation for the use and occupation of any land or building;

(xvii) "operational construction" means any construction whether temporary or permanent, which is necessary for the operation, maintenance, development or execution of any of the following services, namely :-

(a) railways;

(b) national highways;

(c) national waterways;

(d) major ports;

(e) airways and aerodromes;

(f) posts and telegraphs, telephones, wireless, broadcasting and other like forms of communication;

(g) regional grid for electricity;

(h) any other service which the State Government may, if it is of the opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notification, declare to be a service for the purposes of this clause.

(i) new residential buildings (other than gate lodges, quarters for limited essential operational staff and the like), roads and drains in railway colonies, hotels, clubs, institutes and schools, in the case of railways; and

(ii) a new building, new structure or new installation or any extension thereof, in the case of any other service, shall not be deemed to be construction within the meaning of this clause;

(xviii) "owner", in relation to any property, includes any person who is, for the time being receiving or entitled to receive, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as an agent, trustee, guardian, manager or receiver for any other person or for any religious or charitable institution, the rents or profits of the property; and also includes a mortgagee in possession thereof;

(xix) "plot" means a portion of land held in one ownership and numbered and shown as one plot in a town planning scheme;

(xx) "preliminary scheme" means a preliminary scheme relating to a town planning scheme prepared by the Town Planning Officer under Section 51;

(xxi) "prescribed" means prescribed by rules made under this Act;

(xxii) "reconstituted plot" means a plot which is in any way altered by the making of a town planning scheme.

(xxiii) "regulation" means a regulation made under Section 119 and includes zoning and other regulations made as part of a development plan or town planning scheme;

(xxiv) "residence" includes the use for human habitation of any land or building or part thereof, the use of gardens, grounds, garages, stables and outhouses, if any, appertaining to such land or building, and the expression "residential" shall be construed accordingly;

(xxv) "rule" means a rule made under Section 118;

(xxvi) "scheme" means a town planning scheme prepared under this Act, and includes a plan or plans, together with the descriptive matter, if any relating to such scheme;

(xxvii) "Town Planning Officer" means Town Planning Officer appointed under Section 50;

(xxviii) "urban development authority" means an urban development authority constituted under Section 22;

(xxix) "urban development area" means an area declared to be an urban development area under Section 22;

[(xxx) "Government company" means a Government company registered under the Companies Act, 1956 (1 of 1956) which has one of its objects the development of an area.]

Chapter II

Development Area and Constitution of Area Development Authorities

(a) the relevant provisions of this Act and all notifications, rules, regulations, orders, directions and powers issued, made or conferred, thereunder shall cease to apply to the said area or, as the case may be, part thereof;

(b) the State Government shall, after consultation with the area development authority or authorities concerned frame, a scheme determining the portion of the balance of the fund of the area development authority or authorities which shall vest in the State Government and the local authority or authorities concerned and in what manner the properties and liabilities of the area development authority or authorities shall be apportioned between the State Government and the local authority or authorities concerned and on the scheme being notified, the fund, properties and liabilities of the area development authority or authorities, shall vest and be apportioned accordingly.

(i) a Chairman to be appointed by the State Government;

(ii) the Chief Town Planner or his representative, ex-officio;

[(iii) such persons not exceeding four from amongst the members of the local authorities functioning in the development area as may be nominated by the State Government;

(iii-a) the Presidents of the district panchayats functioning in the development area or in any part thereof, ex-officio;]

(iv) two officials of the State Government to be nominated by that Government, ex-officio;

(v) a non-official who possesses special knowledge or practical experience in town planning, to be appointed by the State Government;

(vi) a member secretary to be appointed by the State Government who shall also be designated as the Chief Executive Authority of the area development authority.

(b) Any member of the area development authority other than an ex-officio member 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 such member shall become vacant.

(ii) The Chairman, and in his absence, any other member chosen by the members present from amongst themselves shall preside at a meeting of the area development authority.

(iii) All questions at a meeting of the area development authority shall be decided by a majority of votes of the members present and voting and in the case of equality of votes, the persons presiding shall have a casting vote.

(ii) The person so assisting of advising the area development authority may take part in the meetings of the authority 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 meeting of the authority relating to matters concerned with any other purpose.

(i) six members of the local authority appointed by it out of whom one shall be designated as the Chairman;

(ii) the Chief Town Planner or his representative to be nominated by the State Government;

[(iii) one official of the State Government to be nominated by the State Government, ex-officio;]

(iv) Chief Officer or, as the case may, be Secretary of the local authority.]

(i) to undertake the preparation of development plans under the provisions of this Act for the development area;

(ii) to under take the preparation [and execution] of town planning schemes [or Local Area Plan] under the provisions of this Act, if so directed by the State Government;

(iii) to carry out surveys in the development area for the preparation of development plans or town planning schemes;

(iv) to control the development activities in accordance with the development plan in the development area;

[(iv-a) to levy and collect such scrutiny fees for scrutiny of documents submitted to the appropriate authority for permission for development as may be prescribed by regulations;]

(v) to enter into contracts, agreements or arrangements with any person or organisation as the area development authority may deem necessary for performing its function;

(vi) to acquire, hold, manage and dispose of property, movable or immovable, as it may deem necessary;

(vii) to execute works in connection with supply of water, disposal of sewerage and provision of other services and amenities;

[(vii-a) to levy and collect such fees for the execution of works referred to in clause (vii) and for provision of other services and amenities as may be prescribed by regulations;]

(viii) 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.

(a) proposals for designating the use of the land for residential, industrial, commercial, agricultural and recreation purposes;

(b) proposals for the reservation of land for public purposes, 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, public assembly, museums, art galleries, religious buildings, playgrounds, stadiums, open spaces, dairies and for such other purposes as may, from time to time, be specified by the State Government;

(c) proposals for designation of areas for zoological gardens, green belts, natural reserves and sanctuaries;

(d) transport and communications, such as roads, highways, parkways, railways, waterways, canals and airport, including their extension and development;

(e) proposals for water supply, drainage, sewage disposal, other public utility amenities and services including supply of 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 industrial 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 or scientific interest and of educational value;

(j) proposals for food control and prevention of river pollution;

(k) proposals for the reservation of land for the purpose of Union, any State, local authority or any other authority or body established by or under any law for the time being in force;

(l) the filling up or reclamation of low lying, swampy or unhealthy areas or levelling up of land;

(m) provision for controlling and regulating the use and development of land within the development area, including imposition of conditions and restrictions in regard to the open space to be maintained for buildings, the percentage of building area for a plot, the location, number, size, height, number of stories and character of buildings and density of built up area allowed in specified area, the use and purposes to which a building or specified areas of land may or may not be appropriated, the sub-divisions of plots, the discontinuance of objectionable uses of land in any area in any specified period, parking spaces, 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;

(n) provision for preventing or removing pollution of water or air caused by the discharge of waste or other means as a result of the use of land;

(o) such other proposals for public or other purposes as may from time to time be approved by the area development authority or as may be directed by the State Government in this behalf.

(a) a statement indicating broadly the uses to which lands in the area covered by the plan are proposed to be put and any survey carried out for the preparation of the draft development plan;

(b) maps, charts and statements explaining the provisions of the draft development plan;

(c) the draft regulations for enforcing the provisions of the draft development plan;

(d) procedure explaining the manner in which permission for developing any land may be obtained from the area development authority or, as the case may be, the authorised officer;

(e) a statement of the stage of development by which it is proposed to meet any obligation imposed on the area development authority by the draft development plan;

(f) an approximate estimate of the cost involved in acquisition of land reserved for public purposes.

(i) sanction the draft development plan and the regulation so received, within the prescribed period, for the whole of the area covered by the plan or separately for any part thereof, either without modification, or subject to such modification, as it may consider proper; or

(ii) return the draft development plan and the regulations to the area development authority or, as the case may be, to the authorised officer, for modifying the plan and the regulations in such manner as it may direct :

(iii) refuse to accord sanction to the draft development plan and the regulations and direct the area development authority or the authorised officer to prepare a fresh development plan under the provisions of this Act.

(b) Where a development plan and regulations are returned to an area development authority, or, as the case may be, the authorised officer under sub-clause (ii) of clause (a), the area development authority, or, as the case may be, the authorised officer, shall carry out the modifications therein as directed by the State Government and then submit them as so modified to the State Government for sanction; and the State Government shall thereupon sanction them after satisfying itself that the modification suggested have been duly carried out therein.

(c) Where the State Government has published the modification considered necessary in a draft development plan as required under the proviso to sub-clause (ii) of clause (a), the State Government shall, before according sanction to the draft development plan and the regulations, take into consideration the suggestions or objections that may have been received thereto, and thereafter accord sanction to the drafts development plan and the regulations in such modified form as it may consider fit.

(d) The sanction accorded under [clause (a), clause (b)] or clause (c) shall be notified by the State Government in the Official Gazette and the draft development plan together with the regulations so sanctioned shall be called the final development plan.

(e) The final development plan shall come into force on such date as the State Government may specify in the notification issued under clause (d):

(a) the variation proposed in the final development plan,

(b) the amendment, if any, in the regulations, and

(c) the approximate cost, if any, involved in the acquisition of land, which by virtue of the variation would be reserved for a public purpose, alongwith a notice, inviting suggestions or objections from any person with respect to the variation within a period of two months from the date of publication of the variation.

(i) where the variation is made on the proposal of an area development authority, from that authority, and

(ii) in any other case, from the State Government , if such expenditure is rendered abortive by reason of the variation of the plan.

Chapter III

Declaration of Urban Development Areas and Constitution of Urban Development Authorities

(i) a Chairman to be appointed by the State Government;

(ii) such persons, not exceeding [four in number] who are members of the local authority or authorities functioning in the urban development area, as may be nominated by the State Government;

(iii) [Three officials] of the State Government, to be nominated by that Government, ex-officio;

(iv) the Presidents of the district panchayats functioning in the urban development area, or, as the case may be, part thereof, ex-officio;

(v) the Chief Town planner or his representative, ex-officio;,

(vi) the Chief Engineer or Engineers (Public Health) of the local authority or authorities functioning in the urban development area or his or their nominee or nominees, ex-officio;

[(vi-a) the Municipal Commissioner of the Municipal Corporation, if any, functioning in the urban development area, ex-officio;]

(vii) a member secretary to be appointed by the State Government who shall also be designated as the Chief Executive Authority of the Urban Development Authority.

(i) to undertake the preparation of development plans under the provisions of this Act, for the urban development area;

(ii) to undertake the preparation [and execution] of town planning schemes [or local Area Plan] under the provisions of this Act, if so directed by the State Government;

(iii) to carry out surveys in the urban development area for the preparation of development plans or town planning schemes;

(iv) to guide, direct and assist the local authority or authorities and other statutory authorities functioning in the urban development area in matters pertaining to the planning, development and use of urban land;

(v) to control the development activities in accordance with the development plan in the urban development area;

[(v-a) to levy and collect such security fees for scrutiny of documents submitted to the appropriate authority for permission for development as may be prescribed by regulations;]

(vi) to execute works in connection with supply of water, disposal of sewerage and provision of other services and amenities;

[(vi-a) to levy and collect such fees for the execution of works referred to in clause (vi) and for provision of other services and amenities as may be prescribed by regulations;]

(vii) to acquire, hold, manage and dispose of property, movable or immovable, as it may deem necessary;

(viii) to enter into contracts, agreements or arrangements, with any local authority, person or organisation as the urban development authority may consider necessary for performing its functions;

(ix) to carry any development works in the urban development area as may be assigned to it by the State Government from time to time.;

(x) 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.

Chapter IV

Control of Development and use of Land Included in Development Plans

(i) for the carrying out of any work 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;

(ii) for the carrying out any work in compliance with any order or direction made by any authority under any law for the time being in force;

(iii) for the carrying out of any work by any authority in exercise of its powers under any law for the time being in force;

(iv) for the carrying out of-

(a) any operational construction undertaken by the Central Government or a State Government;

(b) any work for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables, telephone or other apparatus or the breaking open of any street or other land for such purpose;

(v) for any excavation, including excavation of wells made in the ordinary course of an agricultural operation;

(vi) for the construction of a road intended to give access to land solely for agricultural purposes;

(vii) for the 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 or any other building or land attached to such building.

(i) grant the permission with or without any condition; or

(ii) grant the permission, subject to any general or special orders made by the State Government in this behalf; or

(iii) refuse to grant the permission.

(a) in a case where permission for such use is refused, that the land has become incapable of reasonable beneficial use in its existing state,

(b) in a case where permission for such use is granted subject to conditions, that the land cannot be rendered capable of reasonable beneficial use by carrying out the conditions of the permissions, he may, within the time and in the manner prescribed by regulations made by the appropriate authority, serve on the appropriate authority a notice (hereinafter referred to as a purchase notice) requiring the appropriate authority to purchase his interest in the land in accordance with the provisions of this section.

(a) without the permission required under Section 27; or

(b) which is not in accordance with any permission granted or is in contravention of any condition subject to which such permission has been granted;

(c) after such permission has been duly revoked; or

(d) in contravention of any modification made in such permission, 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 the offence continues after conviction for the first offence.

(a) to restore the land or building to its condition existing before the said development took place, in cases specified in clause (a) or clause (c) of sub-section (1) of Section 35;

(b) to secure compliance with the conditions or with the permission as modified, as the case may be, in cases specified in clause (b) or clause (d) of sub-section (1) of Section 35;

(c) to discontinue such use of building or land or work :

(a) the demolition or alteration of any building or work;

(b) the carrying out on land of any building or other operations.

(a) prosecute the owner for not complying with the notice and, where the notice requires the discontinuance of any use of land or building any other person also who uses the land or building or causes or permits the land or building to be used in contravention of the notice; and

(b) where the notice requires the demolition or alteration of any building or work or the carrying out of any building or other operations, itself cause the restoration of the building 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 appropriate authority may consider necessary, including demolition or alteration of any building or work 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.

(i) either make necessary modifications in the proposals for development to meet the objections raised by the appropriate authority; or

(ii) submit the proposals for development together with the objections raised by the appropriate authority to the State Government for decision.

Chapter V

Town Planning Schemes

(i) in the course of development;

[(ii) likely to be used for residential or commercial or industrial or for building purposes; or]

(iii) already built upon.

(a) the laying out or relaying out of land, either vacant or already built upon;

(b) the filling up or reclamation of low-lying, swampy or unhealthy areas, or levelling up of land;

(c) lay-out of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets and roads and discontinuance of communications;

(d) the construction, alteration and removal of buildings, bridges and other structures;

(e) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets, green-belts, dairies, transport facilities, public purposes of all kinds;

(f) drainage, inclusive of sewerage, surface or sub-soil drainage and sewage disposal;

(g) lighting;

(h) water supply;

(i) the preservation of objects of historical or national interest or natural beauty, and of buildings actually used for religious purposes;

(j) the reservation of land to the extent of ten per cent, or such percentage as near thereto as possible of the total area covered under the scheme, for the purpose of providing housing accommodation to the members of socially and economically backward classes of people;

[(jj) (a) the allotment of land from the total area covered under the scheme, to the extent of.-

(c) the land allotted for the purposes referred to in paragraphs (ii) and (iii) of sub-clause (a) shall not be changed by variation of schemes for the purposes other than public purpose;]]

(k) the imposition of conditions and restrictions in regard to the open space to be maintained around buildings, the percentage of building area for a plot, the number, size, height and character of building allowed in specified areas, the purposes to which buildings or specified areas may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable uses of lands in any area in specified periods, parking spaces and loading and unloading space for any building and the sizes or locations of projections and advertisement signs;

(l) the suspension, so far as may be necessary, for the proper carrying out of the scheme, of any rule, bye-law, regulation, notification or order made or issued under any Act of the State Legislature or any of the Acts which the State Legislature is competent to amend:

(m) such other matters not inconsistent with the objects of this Act as may be prescribed.

(a) the area, ownership and tenure of each original plot;

(b) the particulars of land allotted or reserved under clause (e) of sub-section (3) of Section 40 with a 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 original plots;

(d) an estimate of the net cost of the scheme to be borne by the appropriate authority;

(e) a full description of all the details of the scheme under sub-section (3) of Section 40 as may be applicable;

(f) the laying out or relaying out of land either vacant or already built upon;

(g) the filling up or reclamation of low-lying, swampy or unhealthy areas or levelling up of land; and

(h) any other prescribed particulars.

(a) to form a final plot by the reconstitution of an original plot by the alteration of its boundaries, if necessary;

(b) to form a final plot from an original plot by the transfer of any adjoining lands;

(c) to provide with the consent of the owners that two or more original plots which are owned by several persons or owned by persons jointly be held in ownership in common as a final plot, with or without alteration of boundaries;

(d) to allot a final plot to any owner dispossessed of land in furtherance of the scheme; and

(e) to transfer the ownership of a plot from one person to another.

(ii) in sub-section (1), for the words "comes into force", the words, brackets and figures "the date on which the draft scheme is sanctioned under subsection (2) of Section 48" were substituted.]

(b) where an application for permission under clause (a) is received by the appropriate authority, it shall send to the applicant a written acknowledgment of its receipt and after making such inquiry as it deems fit and in consultation with the Town Planning Officer, if any, may either grant or refuse such permission or grant it subject to such conditions as it may think fit to impose;

(c) if the appropriate authority does not communicate its decision to the applicant within three months from the date of acknowledgments of its receipt, such permission shall be deemed to have been granted to the applicant;

(d) if any person contravenes the provisions of clause (a) or of any condition imposed under clause (b), the appropriate authority may direct such person by notice in writing to stop any development in progress, and after making an inquiry in the prescribed manner remove, pull down, or alter any building or other development or restore the land or building in respect of which such contravention is made to its original condition;

(e) any expenses incurred by the appropriate authority under clause (d) shall be a sum due to it under this Act from the person in default;

(f) the provisions of Section 35 shall so far as may be, apply in relation to the unauthorised development or use of land included in a town planning scheme;

(g) 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 preliminary scheme or in the event of the withdrawal of the scheme under Section 66 or in the event of the declaration of intention lapsing under sub-section (3) of Section 42;

(h) any diminution in the value of an original plot occasioned by any contravention of the provisions of clause (a) or of any condition imposed under clause (b) shall, notwithstanding anything contained in Sections 77, 78 and 79 be taken into account in fixing the market value of such plot.

(i) after giving notice in the prescribed manner and in the prescribed form to the persons affected by the scheme, define and demarcate the areas allotted to, or reserved for, any public purpose, or for a purpose of the appropriate authority and the final plots;

(ii) after giving notice as aforesaid, determine in a case in which a final plot is to be allotted to persons in ownership in common, the shares of such persons;

(iii) provide for the total or partial transfer of any right in an original plot to a final plot or provide for the transfer of any right in an original plot in accordance with the provisions of Section 81;

(iv) determine the period within which the works provided in the scheme shall be completed by the appropriate authority.

(i) fix the difference between the total of the values of the original plots and the total of the values of the plots included in the scheme in accordance with the provisions of clause (f) of sub-section (1) of Section 77;

(ii) determine whether the areas used, allotted or reserved for a public purpose or purposes of the appropriate authority are beneficial wholly or partly to the owners or residents within the area of the scheme;

(iii) estimate the portion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose or for the purpose of the appropriate 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;

(iv) calculate the contribution to be levied under sub-section (1) of Section 79, on each plot used, allotted or reserved for a public purpose or for the. purpose of the appropriate authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;

(v) determine the amount of exemption, if any from the payment of contribution that may be granted in respect of plots exclusively occupied for religious or charitable purposes;

(vi) estimate the increment to accrue in respect of each plot included in the scheme in accordance with the provisions of Section 78;

(vii) calculate the proportion of the contribution to be levied on each plot in the final scheme to the increment estimated to accrue in respect of such plot under sub-section (1) of Section 79;

(viii) calculate the contribution to be levied on each plot included in the final scheme;

(ix) determine the amount to be deducted from, or added to, as the case may be, the contribution leviable from a person in accordance with the provisions of Section 79;

(x) estimate with reference to claims made before him, after notice has been given by him in the prescribed manner and in the prescribed form, the compensation to be paid to the owner of any property or right injuriously effected by the making of the town planning scheme in accordance with the provisions of Section 82;

(xi) draw in the prescribed form the preliminary and the final scheme in accordance with the draft scheme :

(ii) If there is any difference of opinion between the Town Planning Officer and the appropriate authority as to whether a variation made by the Town Planning Officer is of substantial nature or not, the matter shall be referred by the appropriate authority to the State Government whose decision thereon shall be final.

(b) all appeals pending on the said date before any Board of Appeal shall stand transferred to the Board of Appeal so constituted.]

(b) if within one month from the date of publication of the draft amendment, any person communicates in writing to the appropriate authority any suggestions or objections relating to such amendment, the appropriate authority shall consider such suggestions or objection and may, at any time before submitting the draft amendment to the State Government as hereinafter provided, modify such amendment as it thinks fit;

(c) the appropriate authority shall within a period of two months from the date of its publication, submit the draft amendment alongwith the suggestions or objections to the State Government and shall at the same time apply for its sanction;

(d) after receiving such application and after making such inquiry as it may think fit, the State Government may sanction the amendment submitted with or without modifications as it deems necessary or refuse to sanction the amendment;

(e) if the amendment is sanctioned by the State Government, the final town planning scheme shall be deemed to have been varied in accordance with the amendment.

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) issuing commissions for the examination of witnesses or documents.

Chapter VI

Finance

(a) all sums payable by the appropriate 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 the appropriate authority in the making and execution of the scheme :

(c) all sums payable as compensation for land reserved or designated for any public purpose or for the purposes of the appropriate authority which is solely beneficial to the owners of land or residents within the area of the scheme;

(d) such portion of the sums payable as compensation for land reserved or designated for any public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners of land or residents within the area of the scheme and partly to the general public, as is attributable to the benefit accruing to the owners of land or residents within the area of the scheme from such reservation or designation;

(e) all legal expenses incurred by the appropriate authority in the making and in the execution of the scheme;

(f) any amount by which the total amount of the values of the original plots exceeds the total amount 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 the declaration of intention to make a scheme, with all the buildings and works thereon at the said date and without reference to improvements contemplated in the scheme other than improvements due to alteration of its boundaries.

[(g) twenty per cent of the amount of the cost of infrastructure provided in the area adjacent to the area of the scheme as is necessary for the purpose of and incidental to the scheme.]

(i) (a) where the cost of the scheme does not exceed half the increment, the cost shall be met wholly by a contribution, and

(b) where it exceeds half the increment, to the extent of half the increment it shall be met by a contribution and the excess shall be borne by the appropriate authority;

(ii) where a plot is subject to a mortgage with possession or to a lease, the Town Planning Officer shall determine in what proportion the mortgagee or lessee on the one hand and the mortgagor or lessor on the other hand shall pay such contribution;

(iii) no such contribution shall be levied on a plot used, allotted or reserved for a public purpose of the appropriate authority which is solely beneficial to the owners of land or residents within the area of the scheme; and

(iv) the contribution levied on a plot used, allotted or reserved for a public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners of land or residents within the area of the scheme and partly to the general public shall be calculated in proportion to the benefit estimated to accrue to the general public from such use, allotment or reservation.

(a) all moneys received by the authority by way of grants, loans, [advances, fees, development charges or otherwise;]

(b) all moneys derived from its undertakings, projections and other sources;

(c) such amount of contributions from local authorities as the State Government may specify from time to time to be credited to the fund of the authority.

(a) expenditure incurred in the administration of this Act;

(b) cost of acquisition of land for the purposes of this Act;

(c) expenditure for any development of land in the development area;

(d) expenditure for such other purposes as the State Government may direct.

(a) meeting expenditure debitable to the capital amount;

(b) repaying any loan previously taken under this Act.

Chapter VII

Levy, Assessment and Recovery of Development Charges

(i) Industrial;

(ii) Commercial;

(iii) Residential; and

(iv) Miscellaneous.

(b) In classifying the lands or buildings under any of the purposes mentioned in clause (a), the predominant purpose for which such lands and buildings are used shall be the main basis.

(a) in the case of land, at a rate to be specified per hectare, and

(b) in the case of a building, at a rate to be specified per square meter of the floor area of the building :

(b) All development charges 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 arrears of land revenue.

(a) in the case of an order or decision of assessment of development charges,-

(i) confirm, reduce, enhance, or annul such assessment;

(ii) set aside such assessment and direct the authority to make a fresh assessment after such further inquiry as may be directed; or

(iii) pass such order as it may think fit, or

(b) in the case of any other order or decision, confirm, cancel or vary such order or decision.

Chapter VIII

Miscellaneous

(a) the parson appointed under such Act to exercise the powers and perform the functions of the local authority shall be demand to be the development authority under this Act, and he may exercise all the powers and perform all the duties of an area development authority under this Act during the period of his appointment;

(b) in the event of the person appointed as aforesaid exercising the powers and performing the duties of an area development authority under this Act, any properties which, under the provisions of this Act, vest in the local authority as an area development authority shall, during the period of the dissolution or supersession of the local authority, vest in the State Government and such property shall, at the expiry of the said period vest in such authority as the State Government may, by notification, direct.

(a) taking any measurement or survey or taking levels of such land or building;

(b) setting out and marking boundaries and intended line 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:

(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.

(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 local authority, statutory authority, company, corporation, society or other body at its principal or branch office, or the local or registered office, as the case may be, and is either-

(i) sent by registered post to such office, or

(ii) delivered at such office;

(b) where the person to be served is a partnership, if the document is addressed to the 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 place of business, or

(ii) delivered at the said palce of business; and

(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 last 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) is sent by registered post to that person.

(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.

(a) "company" means any 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.

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(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.

(i) the manner of declaration of a development area under sub-section (1) of Section 3;

(ii) the term of office and conditions of service of the members of an area development authority under sub-section (5) of Section 5;

(iii) the manner in which the draft development plan is to be prepared and submitted to the State Government by the authorised officer under subsection (2) of Section 9;

(iv) the distinguishing colours to be used in the draft development plan under Section 11;

(v) the manner of publication of, and the manner in which notice for inviting suggestions or modifications to, the draft development plan under Section 13;

(vi) the manner in which a notice for inviting suggestions or objections to modifications in draft development plan shall be published under Section 15 or under the proviso to sub-clause (ii) of Clause (a) of sub-section (1) of Section 17;

(vii) the period within which the draft development plan and the regulations shall be sanctioned under sub-clause (i) of Clause (a) of sub-section (1) of Section 17;

(viii) the term of office and conditions of service of the members of an urban development authority under sub-section (5) of Section 22, read with subsection (5) of Section 5;

(ix) the form in which, the particulars to be contained and the documents to be accompanied in an application to be made for permission for development under Section 27;

(x) the form of the permission to be granted under Section 29;

(xi) the manner of making inquiry under sub-section (5) of Section 29;

(xii) the time and the manner in which compensation shall be claimed under sub-section (2) of Section 33;

(xiii) the time within which the owner is to give notice of refusal to accept the compensation under sub-section (3) of Section 33;

(xiv) the particulars to be submitted alongwith the layout plan for the subdivision of a plot or the making or laying out of a private street on such plot under sub-section (1) of Section 34;

(xv) the period within which the appropriate authority shall sanction or refuse to sanction the plan under sub-section (2) of Section 34;

(xvi) the manner of making inquiry under sub-section (4) of Section 34;

(xvii) the manner of making an application for withdrawal of notice under sub-section (3) of Section 36;

(xviii) the document and plans to be accompanied with the intimation for carrying out any development work by Government under sub-section (1) of Section 39;

(xix) the manner of publication of declaration of intention to make a scheme under sub-section (2) of Section 41;

(xx) the manner of publication of a draft scheme under sub-section (1) of Section 43;

(xxi) the manner in which and the method by which, compensation shall be payable under sub-section (3) of Section 45;

[(xxi-a) the circumstances in which the period for inviting objections to the draft scheme may be reduced to fifteen days under section 47;]

(xxii) the form of permission to be granted by the appropriate authority under Clause (a) of sub-section (1) of Section 49;

(xxiii) the manner of inquiry for unauthorised development under Clause (d) of sub-section (1) of Section 49;

(xxiv) the qualification for the appointment of a Town Planning Officer under sub-section (1) of Section 50;

(xxv) the procedure to be followed by the Town Planning Officer for sub-dividing the town planning scheme under Section 51;

(xxvi) the manner and the form of notice to be served by the Town Planning Officer under sub-section (1) of Section 52;

(xxvii) the manner and the form of notice to be given by the Town Planning Officer under Clause (i) of sub-section (1), or under Clause (x) of subsection (3) of Section 52;

(xviii) the form in which the preliminary and the final scheme shall be drawn under Clause (xi) of sub-section (3) of Section 52;

(xxix) the form in which the decision of the Town Planning Officer shall be communicated to the party concerned under Section 54;

(xxx) [the terms of appointment and conditions of service of president; and the qualifications] and experience for the assessors of the Board of Appeal under sub-section (1) of Section 55;

(xxxi) the procedure for summary eviction of a person under Section 68;

(xxxii) the form of the notice to be given under sub-section (1) of Section 69;

(xxxiii) the manner of publication of the draft variation of a scheme under subsection (2) of Section 70;

(xxxiv) the manner of publication of the draft amendment to regulations under Clause (a) of Section 72;

(xxxv) the time within which any claim is to be made by the owner of any property or right injuriously affected by the making of a town planning scheme under Section 82;

(xxxvi) the period for payment of excess amount by the owner under sub-section (2) of Section 85;

(xxxvii) the sums of money to be kept in current account by an appropriate authority under sub-section (3) of Section 91;

(xxxviii) the form of, and time at which, budget shall be prepared by an appropriate authority and the number of copies thereof to be forwarded to the State Government under Section 94;

(xxxix) the form of the annual statement of accounts including the balance-sheet of an appropriate authority under sub-section (1) of Section 95;

(xl) the form of the annual report of an appropriate authority and the date before which it shall be submitted to the State Government under subsection (1) of Section 96;

(xli) the manner in which documents, plans and maps relating to a sanctioned scheme shall be accessible to the public, under the proviso to sub-section (2) of Section 106;

(xlii) any other matter which is to be, or may be prescribed.

(a) regulations subject to which it shall exercise its powers and perform its functions under this Act;-

(b) regulations providing for the delegation of its powers and functions to its Chairman. Vice-Chairman, member-secretary or any of its officers;

(c) regulations for regulating its procedure and the conduct of its business at its meeting;

[(c-i) regulations prescribing fees to be levied and collected under Clause (iv-a) of sub-section (1) of Section 7;]

[(c-ii) regulations prescribing fees to be levied and collected under Clause (vii-a) of sub-section (1) of Section 7;]

[(c-iii) regulations prescribing fees to be levied and collected under Clause (v-a) of sub-section (1) of Section 23;]

[(c-iv) regulations prescribing fees to be levied and collected under Clause (vi-a) of sub-section (1) of Section 23;]

[(c-v) regulations prescribing scrutiny fees under Section 27 or, as the case may be, sub-section (1) of Section 28;]

(d) regulations prescribing the manner in which its order under sub-section (1) of Section 29 shall be communicated to the applicant seeking permission under that section;

(e) regulations prescribing the time within which and the manner in which a purchase notice shall be served on the appropriate authority under subsection (1) of Section 31;

[(e-i) regulations prescribing scrutiny fees under sub-section (1) of Section 34 or, as the case may be, Clause (a) of sub-section (1) of Section 49;]

(f) regulations providing for any other matter which has to be or may be prescribed by regulations.

(a) all properties, funds and dues which are vested, or realisable by the appropriate authority shall vest in, or be realisable by, the State Government;

(b) all liabilities which are enforceable against such authority shall be enforceable against the State Government; and

(c) for the purposes of carrying out any development in any area which has not been fully carried out by the authority before its dissolution and for the purpose of releasing properties, funds and dues referred to in Clause (a), the functions of such authority shall be discharged by the State Government.