Bare Acts

The Maharashtra Regional and Town Planning Act, 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

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Act Details

Act Number:

Act Year:

1966

Location:

Maharashtra

Enactment Date:

1/11/1967

Ministry:

Ministry of Govt of Maharashtra

Department:

Urban Development Department

All Section List

PRELIMINARY

Section 1 to Section 2

Section 1

Short title, extent and commencement.

Section 2

Definitions.

Regions

Section 3

Establishment of Region and alteration of its limits.

Constitution of Regional Planning Boards

Section 4 to Section 12

Section 4

Constitution of Regional Planning Boards.

Section 5

Terms of office and conditions of service of members.

Section 6

Resignation of members.

Section 7

Vacancies.

Section 8

Powers and duties of Board.

Section 9

Meetings of Regional Board, etc.

Section 10

Consultation or association with experts; Regional Planning Committee.

Section 11

Power of Regional Board to appoint staff.

Section 12

Expenses of Regional Board.

Regional Plans

Section 13 to Section 20

Section 13

Survey of Region and preparation of Regional plan.

Section 14

Contents of Regional plan.

Section 15

Submission of Regional plan to State Government for approval.

Section 16

Procedure to be followed in preparing and approving Regional plans.

Section 17

Publication of Regional plan and date of its operation.

Section 18

Restriction on change of user of land or development thereof.

Section 19

Exclusion of claims for compensation for injurious affection.

Section 20

Revision or modification of Regional plan.

Declaration of intention, preparation, submission and sanction to Development plan

Section 21 to Section 22A

Section 21

Development plan.

Section 22

Contents of Development plan.

Section 22A

Modification of a substantial nature.

Procedure to be followed in preparing and sanctioning Development plans

Section 23 to Section 31

Section 23

Declaration of intention to prepare Development plan.

Section 24

Town Planning Officer.

Section 25

Provision for survey and preparation of existing-land-use map.

Section 26

Preparation and publication of notice of draft Development plan.

Section 27

Provision of Regional plan to be considered.

Section 28

Objections to draft Development plan.

Section 29

Deleted.

Section 30

Submission of draft Development plan.

Section 31

Sanction to draft Development plan.

Provisions for preparation of interim Development plans, plans for areas of Comprehensive development, etc

Section 32 to Section 42

Section 32

Interim Development plan.

Section 33

Plans for areas of Comprehensive development.

Section 34

Preparation of Development plan for additional area.

Section 35

Development plans sanctioned by State Government before commencement of this Act.

Section 36

Development plan prepared prior to this Act.

Section 37

Minor modification of final Development plan.

Section 37A

Power of State Government or Planning Authority to permit temporary change of user.

Section 38

Revision of Development plan.

Section 39

Variation of town planning scheme by the Development plan.

Section 40

Special Planning Authority for developing certain notified areas.

Section 41

Expenses of Special Planning Authority to be met by contribution by local authorities.

Section 42

Implementation of plans.

AREA DEVELOPMENT AUTHORITY

Section 42A to Section 42G

Section 42A

Declaration of development area.

Section 42B

Exclusion of whole or part of development area from operation of Act.

Section 42C

Constitution of Area Development Authority.

Section 42D

Appointment of Government Company, etc., as Area Development Authority.

Section 42E

Control by Metropolitan Planning Committee and District Planning Committee.

Section 42F

Powers and functions of Area Development Authority.

Section 42G

Expenses of Area Development Authority.

CONTROL OF DEVELOPMENT AND USE OF LAND INCLUDED IN DEVELOPMENT PLANS

Section 43 to Section 51

Section 43

Restrictions on development of land.

Section 44

Application for permission for development.

Section 45

Grant or refusal of permission.

Section 46

Provisions of Development plan to be considered before granting permission.

Section 47

Appeal.

Section 48

Lapse of permission.

Section 49

Obligation to acquire land on refusal of permission or on grant of permission in certain cases.

Section 50

Deletion of reservation of designated land for interim draft of final Development plan.

Section 51

Power of revocation and modification of permission to development.

UNAUTHORISED DEVELOPMENT

Section 52 to Section 58

Section 52

Penalty for unauthorised development or for use otherwise than in conformity with Development plan.

Section 52A

Provisions relating to certain developments as compounded structure.

Section 53

Power to require removal of unauthorised development.

Section 54

Power to stop unauthorised development.

Section 55

Removal or discontinuance of unauthorised temporary development summarily.

Section 56

Power to require removal of unauthorised development or use.

Section 56A

Punishment for failure to take action against unauthorised construction.

Section 57

Recovery of expenses incurred.

Section 58

Development undertaken on behalf of Government.

Making of town planning schemes

Section 59 to Section 71

Section 59

Preparation and contents of town planning scheme.

Section 60

Power of Planning Authority to resolve on declaration of intention to make scheme.

Section 61

Making and publication of draft scheme by means of notice.

Section 62

Inclusion of additional area in draft scheme.

Section 63

Power of State Government to require Planning Authority to make scheme.

Section 64

Contents of draft scheme.

Section 65

Reconstituted plot.

Section 66

Compensation for discontinuance of use.

Section 67

Objections to draft scheme to be considered.

Section 68

Power of State Government to sanction draft scheme.

Section 68A

Effect of sanction of draft scheme.

Section 69

Restrictions on use and development of land after declaration for town planning scheme.

Section 70

Power of State Government to suspend rule, bye-law, etc.

Section 71

Disputed ownership.

The Arbitrator and the Tribunal of appeal

Section 72 to Section 88

Section 72

Arbitrator; his powers and duties.

Section 73

Certain decisions of Arbitrator to be final.

Section 74

Appeal.

Section 75

Constitution of Tribunal of Appeal.

Section 76

Arbitrator to assist Tribunal in advisory capacity and his remuneration.

Section 77

Place where Tribunal may sit.

Section 78

Decision of questions of law and other questions.

Section 79

Powers of Tribunal to decide matter finally.

Section 80

Tribunal not to be Court.

Section 81

Remuneration of Arbitrator and Assesors and payment of incidental expenses of Tribunal.

Section 82

Dicisions of Arbitrator to be final in certain matters.

Section 83

Possession of land in advance of town planning scheme.

Section 84

Commissioner of Police or Magistrate to enforce delivery of possession of land.

Section 85

Owner of land of which possession is taken entitled to interest.

Section 86

Sanction by State Government to preliminary or final scheme.

Section 87

Withdrawal for scheme.

Section 88

Effect of preliminary scheme.

Enforcement of Schemes

Section 89 to Section 90

Section 89

Power of Planning Authority to evict summarily

Section 90

Power to enforce scheme.

Variation of Schemes

Section 91 to Section 93

Section 91

Power to vary scheme on ground of error, irregularity or informality.

Section 92

Power to vary town planning scheme.

Section 93

Apportionment of cost of scheme withdrawn or not sanctioned.

Proceedings before Arbitrator and Tribunal

Section 94 to Section 95

Section 94

Right to appear by recognised agent.

Section 95

Power to compel attendance of witnesses.

Joint development plans and joint town planning schemes

Section 96

Joint development plans and joint town planning schemes.

Finance of Schemes

Section 97 to Section 101

Section 97

Cost of scheme.

Section 98

Calculation of increment.

Section 99

Contribution towards cost of scheme.

Section 100

Certain amount to be added to or deducted from contribution leviable from person.

Section 101

Transfer of right from original to reconstituted plot or extinction of such right.

Compensation.

Section 102 to Section 107

Section 102

Compensation in respect of property or right injuriously affected by scheme.

Section 103

Exclusion or limitation of compensation in certain cases.

Section 104

Provision for cases in which amount payable to owner exceeds amount due from him.

Section 105

Provision for case in which value of developed plot is less than amount payable by owner.

Section 106

Payment by adjustment of account.

Section 107

Payment of net amount due to Planning Authority.

Miscellaneous.

Section 108 to Section 112

Section 108

Power of Planning Authority to make agreement.

Section 109

Recovery of arrears.

Section 110

Disposal of surplus amount.

Section 111

Execution of works in final scheme by Planning Authority.

Section 112

Penalty for removal of boundary stones.

NEW TOWNS

Section 113 to Section 124

Section 113

Designation of site for new town.

Section 113A

Power of State Government to acquire land for Corporation or Company declared to be New Town Development Authority.

Section 114

Objects of Development Authority.

Section 115

Planning and control of development in new towns.

Section 116

Acquisition of land by Development Authority constituted under section 113 (2).

Section 117

Obligation to purchase designated land.

Section 118

Disposal of land by Development Authority.

Section 119

Directions by State Government for disposal of land.

Section 120

Power to make agreement for provision of services.

Section 121

Contributions by Development Authority towards expenditure of local authorities and statutory authority.

Section 122

Advances and payments by State Government to Development Authorities.

Section 122A

Power of Development Authority to borrow and to accept deposits.

Section 123

Transfer of undertaking of Development Authority.

Section 124

Combination and transfer of Development Authorities.

LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE

Section 124A to Section 124L

Section 124A

Levy of development charge.

Section 124B

Classification of user of lands and buildings, rates of development charge and procedure for levy thereof.

Section 124C

Development charge to be brought into force as specified by Government.

Section 124D

Local publication of notification relating to development charge with notice.

Section 124E

Assessment and recovery of development charge.

Section 124F

Exemptions.

Section 124G

Appeal.

Section 124H

Procedure for filing appeal.

Section 124I

Interest on amount of enhanced assessment or of refund.

Section 124J

Development Fund.

Section 124K

Stoppage of work of development and penalty.

Section 124K1

Provisions of sections 124A to 124K also to apply in certain cases.

Section 124L

Chapter to have overriding effect, but shall be in addition to existing local authority laws.

LAND ACQUISITION

Section 125 to Section 129

Section 125

Compulsory acquisition of land needed for purposes of Regional plan, Development plan or Town planning schemes, etc.

Section 126

Acquisition of land required for public purposes specified in plans.

Section 127

Lapsing of reservations.

Section 128

Power of State Government to acquire lands for purpose other than the one for which it is designated in any plan or scheme.

Section 129

Possession of land in case of urgency.

FINANCE, ACCOUNT AND AUDIT

Section 130 to Section 134

Section 130

Funds.

Section 131

Budget.

Section 132

Accounts and Audit of Regional Board.

Section 132A

Accounts and Audit of Special Planning Authority and Development Authority.

Section 133

Submission of report.

Section 134

Pension and provident funds.

SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS

Section 135 to Section 165

Section 135

Power of entry.

Section 136

Service of notice, etc.

Section 137

Public notice how to be made known.

Section 138

Notices, etc., to fix reasonable time.

Section 139

Authentication of orders and documents.

Section 140

Offences by companies.

Section 141

Penalty for obstructing contractor or removing mark.

Section 142

Sanction of prosecution.

Section 143

Compounding of offences.

Section 144

Jurisdiction of courts.

Section 145

Magistrate's power to impose enhanced penalties.

Section 146

Members and officers to be public servants.

Section 147

Protection of action taken in good faith.

Section 148

Registration of documents, plan or map in connection with final plan or scheme not required.

Section 148A

Exclusion of time in certain cases.

Section 149

Finality of orders.

Section 150

Validation of acts and proceedings.

Section 151

Power to delegate.

Section 152

Powers of Planning Authority or Development Authority to be exercised by certain officers.

Section 153

Power of Planning Authority to borrow money for Development Plan or for making or executing town planning scheme.

Section 154

Control by State Government.

Section 155

Returns and information.

Section 156

Effect of laws.

Section 157

Power to make agreements.

Section 157A

Authentication of plans and scheme and custody thereof.

Section 158

Power to make rules.

Section 159

Power to make regulations.

Section 159A

Special provisions relating to New Town Development Authority and Special Planning Authority.

Section 160

Dissolution of Regional Planning Board, Special Planning Authority and New Town Development Authority.

Section 161

Vesting of property and rights of local authority ceasing to exist or ceasing to have jurisdiction.

Section 162

State Government or persons appointed by it may exercise power or perform duty conferred or imposed on Planning Authority and disbursement of expenses.

Section 163

Special provision in case of dissolution, etc., of Corporation or Zilla Parishad, etc.

Section 164

Deleted by Mah. 10 of 1977, s. 8.

Section 165

Repeal and saving.