(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.
1[(2) On and from the date of commencement of the Maharashtra Ragional and Town Planning (Amendment) Act, 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 rate specified in column (4) of the Second Schedule.]
2[(2-1A) In respect of the area under the jurisdiction of any Planning Authority or a New Town Development Authority under this Act, where State Government declares its intention to undertake one or more Vital Urban Transport Projects, the development charges levied and collected under the provisions of sub-section (2) shall be increased by one hundred per cent.
Explanation.-For the purpose of this section, the term "Vital Urban Transport Project" means a project related to Mass Rapid Transport System such as Metro Rail, Mono Rail Bus Rapid Transport System and includes Freeway, Sealink, etc., in respect of which the State Government has by notification in the Official Gazette, declared the intention to undertake such project either on its own behalf or through the Planning Authority, a New Town Development Authority, any other statutory authority, an agency owned and controlled by the Central Government or State Government, or a Government company incorporated under the provisions of the Companies Act, 2013 or any other law relating to companies for the time being in force.]
3[(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 4* * 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.
(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.
1[(2) On and from the date of commencement of the Maharashtra Ragional and Town Planning (Amendment) Act, 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 rate specified in column (4) of the Second Schedule.]
2[(2-1A) In respect of the area under the jurisdiction of any Planning Authority or a New Town Development Authority under this Act, where State Government declares its intention to undertake one or more Vital Urban Transport Projects, the development charges levied and collected under the provisions of sub-section (2) shall be increased by one hundred per cent.
Explanation.-For the purpose of this section, the term "Vital Urban Transport Project" means a project related to Mass Rapid Transport System such as Metro Rail, Mono Rail Bus Rapid Transport System and includes Freeway, Sealink, etc., in respect of which the State Government has by notification in the Official Gazette, declared the intention to undertake such project either on its own behalf or through the Planning Authority, a New Town Development Authority, any other statutory authority, an agency owned and controlled by the Central Government or State Government, or a Government company incorporated under the provisions of the Companies Act, 2013 or any other law relating to companies for the time being in force.]
3[(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 4* * 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.
1. Sub-section (2) was substituted by Mah. 34 of 2010, s. 2.
2. This sub-section was inserted by Mah. 37 of 2015, s. 2.
3. Sub-section (2A) was inserted by Mah. 10 of 1994, s. 11.
Section 12 of Mah. 10 of 1994 reads as under :-
" 12. For the removal of doubt it is hereby declared that, sub-section (2) of section 124A of the principal Act, having been retrospectively amended, that sub-section (2) as it existed before the commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 1993, shall, notwithstanding anything contained in any judgement, order or decree of any Court, be deemed never to have authorised any Planning Authority or Development Authority to levy any development charge in respect of any development referred to in the first proviso to that sub-section (2); and where on or after the 10th day of August 1992, any Planning or the Development Authority has levied and collected any development charges under this Chapter in respect of any land or building or, both, covered by the said proviso, then, the Planning Authority or the Development Authority shall refund the amount of such development charges to the person from whom such charges have been collected either by way of payment, or by adjusting the same against any other dues payable by such person under the provisions of this Act to the Planning Authority, with interest on such amount of refund or adjustments at the rate of 14 per cent. per annum.".
4. The word "minimum" was deleted by Mah. 34 of 2010, s. 2.