(1) The State Government may, by notification in the Official Gazette, and subject to the condition 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 Region 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;
1[(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;]
3(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;
4[(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 purposes 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 5[publish a notice of making of a draft town planning scheme;
(xxii) under sub-section (1) of section 63, the manner of 6[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 qualifications 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 unauthorised occupation ;
(xxviii) under sub-section (1) of section 90, the notice to be given by the Planning Authority under that sub-section ;
(xxiv) under sub-section (1) of section 69, the form of commencement certificate ;
(xxv) under sub-section (1) of section 72, the qualifications 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 unauthorised occupation ;
(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 3[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 shall 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,
8[(xxxi-a) the time within which and the manner in which an application under subsection (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 form in which a Regional Board 9* * * shall prepare an annual statement of accounts including the balance sheet;
10[(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;]
span@(xxxv) under sub-section (1) of section 133, the form in which and the 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 matter 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 Houses agree in making any modification in the rule or both Houses 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.
(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 Region 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;
1[(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;]
3(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;
4[(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 purposes 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 5[publish a notice of making of a draft town planning scheme;
(xxii) under sub-section (1) of section 63, the manner of 6[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 qualifications 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 unauthorised occupation ;
(xxviii) under sub-section (1) of section 90, the notice to be given by the Planning Authority under that sub-section ;
(xxiv) under sub-section (1) of section 69, the form of commencement certificate ;
(xxv) under sub-section (1) of section 72, the qualifications 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 unauthorised occupation ;
(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 3[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 shall 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,
8[(xxxi-a) the time within which and the manner in which an application under subsection (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 form in which a Regional Board 9* * * shall prepare an annual statement of accounts including the balance sheet;
10[(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;]
span@(xxxv) under sub-section (1) of section 133, the form in which and the 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 matter 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 Houses agree in making any modification in the rule or both Houses 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.
1. Clause (vii) was substituted for the original by Mah. 6 of 1976, s. 36 (1).
2. Clause (ix) was substituted for the original by Mah. 6 of 1976, s. 36(2).
3. Clause (x) was substituted for the original by Mah. 6 of 1976, s. 36(3).
4. Clauses (xii-a) and (xii-b) were inserted by Mah. 6 of 1976, s. 36(4).
5. These words were substituted for the word "publish" by Mah. 6 of 1976, s. 36(5).
6. These words were substituted for the words "making and publication" by Mah. 6 of 1976, s. 36(6)
7. These words were substituted for the words "manner in which the Planning Authority shall prepare and publish" by Mah. 6 of 1976., s. 36 (7).
8. These clauses were inserted by Mah. 16 of 1992, s. 3.
9. The words "Planning Authority or Development Authority" were deleted by Mah. 6 of 1976. s. 36(8).
10. Clause (xxxiv-a) was inserted by Mah. 6 of 1976, s. 36(9).