Chapter XIV SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS

Power of Entry.-(1) The Chief Town Planner or any town planner, or any officer or any person authorized by the Government or the Board or any Planning Authority in this behalf may enter into or upon any land or building with or without assistants or workmen for the purpose of -

1. (a) making any enquiry, inspection, measurement or survey or taking levels of such land or building for preparation and enforcement of Development Plan/Area Development Scheme;
2. (b) setting out boundaries and intended lines of works;
3. (c) marking such levels, boundaries and lines by placing marks and cutting trenches;
4. (d) examining works under construction and ascertaining the course of sewers and drains;
5. (e) digging or boring into the sub-soil;
6. (f) ascertaining whether any land is being or has been developed in contravention of any provision of this Act or Rules or Regulations there under; and
7. (g) doing any other acts necessary for the efficient administration of this Act : Provided that the notice, timing and circumstances of such entry shall be as prescribed in the Rules.

1. (2) the power of the Chief Town Planner or the Board under Sub-Section (1) shall extend to the whole of the State and the power of the town planner, the officer or any person authorized by the Planning Authority of any Planning Area under Sub-Section (1) shall extend only to its Planning Area, and such other area which the Government may have directed;
2. (3) Any person who obstructs the entry of a person empowered or authorized under this section to enter into or upon any land or building after such entry shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to ten thousand rupees, or with both.

Service of Notices.-(1)All documents including notices and orders required by this Act to be served upon any person shall be deemed to be duly served in the following manner:

1. (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, executive officer of the Local Authority, statutory authority, company, corporation, society or any other body at its principal branch, local or registered office as the case may be and is either:-
   • (i) sent by registered post to such office; or
   • (ii) delivered at such office.
2. (b) All documents including notices and orders required by this Act shall be served to any person or any body in the manner prescribed by the Rules.

Public Notice being made known.-Every public notice given under this Act shall be in writing with the signature of the person authorized by the Board or a Planning Authority and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in a local newspaper and by such other means which the person authorized thinks fit.

Notice with reasonable time.-Where any notice, order or other document issued or made under the Act requires anything to be done for the doing of which no time is fixed in this Act, the notice, order or other document shall specify a reasonable time for doing the same.

Authentication of orders and documents of the Board and the Planning Authority.-All permissions, orders, decisions, notices and other documents of the Board and any Planning Authority shall be authenticated, by the signature of the person authorized by the Board or the Planning Authority in this behalf.

Mode of proof of records of the Board and the Planning Authority.- A copy of any receipt, application, plan, notice, order, entry in a register, or other document in the possession of the Board or any Planning Authority, if duly certified by the legal keeper thereof or other person authorized by the Board or the Planning Authority in this behalf, shall be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters and transactions.

Restriction on the summoning of officers and servants of the Board and the Planning Authority.- No Chairman, member or officer or servant of the Board or any Planning Authority shall in any legal proceedings to which the Board or the Planning Authority is not a party, be required to produce any register or document, the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, except by order of the Court made for special cause.

Offences by Companies.-

1. (1) If the person committing an offence under this Act is a company, every person, who, at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly; Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if such person proves that the offence was committed without his knowledge or that such persons exercised due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in Sub-Section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly. Explanation: -- For the purpose of this section --
   • (a) "company" means a body corporate and includes a firm or other association of individuals; and
   • (b) "Director" in relation to a firm means a partner in the firm.

Penalty for obstructing contractor or removing mark.- If any person --

1. (1) obstructs any person engaged or employed by the Board or any Planning Authority or any person with whom the Board or the Planning Authority has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act, or
2. (2) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorized under this Act. such persons shall be punishable with fine which may extend to five thousand rupees or with imprisonment for a term which may extend to two months.

Sanction of prosecution.-

1. (1) No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Board or the Planning Authority concerned or any officer authorized by the Board or the Planning Authority in this behalf.
2. (2) All proceedings for offences under this Act shall be instituted by filing a first information report to the police station where the offence occurs.

Compounding of Offences.- The Board or the Planning Authority concerned or any person authorized in this behalf by general or special order may either before or after the institution of the proceedings compound any offence made punishable by or under this Act.

Right to appear by recognized agent.-Every party to any proceeding before the appellate authority or the Tribunal or before the Board or the Planning Authority constituted under this Act, shall be entitled to appear either in person or through his agent authorized in writing in that behalf.

Power to compel attendance of witnesses.-For the purpose of this Act, the Board or the Planning Authority or an officer or any person authorized by the Board or the Planning Authority or the Tribunal or the appellate authority may summon and enforce the attendance of witnesses including the parties interested and compel them to give evidence and may also compel the production of documents, as far as possible, in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908.

Jurisdiction of Courts.-No Court inferior to that of a magistrate of the first class shall try an offence punishable under this Act.

Fine when realized to be paid to Planning Authority.-All fines realized in connection with prosecution under this Act shall be paid to the Planning Authority concerned.

Members and officers to be public servants.-Every member and every officer and other employee of the Board and every Planning Authority shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.

Protection of action taken in good faith.-No suit, prosecution or other legal proceedings shall lie against any person for anything which is done or intended to be done in good faith under this Act.

Finality of orders.-Save as otherwise expressly provided in this Act, every order passed or direction issued by the Government or the Board or order passed or notice issued by any Planning Authority under this Act shall be final and shall not be questioned in any suit or other legal proceeding.

Validation of acts and proceedings.-

1. (1) No act done or proceeding taken under this Act shall be questioned on the ground merely of -
   • (a) the existence of any vacancy in, or any defect in the constitution of the Board or any Planning Authority;
   • (b) any person having ceased to be a member;
   • (c) any person associated with the Board or any Planning Authority under the provisions of this Act having voted in contravention of the said section;
   • (d) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure;
   • (e) any omission, defect or irregularity not affecting the merits of the case.
2. (2) Every meeting of the Board and any Planning Authority, shall be taken to have been duly convened and to be free from all defects and irregularities.

Power to Delegate.-

1. (1) The Board may, with the prior approval of the Government, by a resolution, direct that any power exercisable by it under this Act may also be exercised by any Planning Authority, or Local Authority, committee, or any officer of the Board or the Government with previous consent of Planning Authority, or Local Authority as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
2. (2) The Chief Town Planner may, by an order in writing, delegate any power exercisable by him under this Act, to any officer of the Board or the Government or any Planning Authority or Local Authority, in such cases and subject to such conditions, as may be specified therein.

Power of Planning Authority to borrow money.-The Planning Authority, may from time to time borrow at such rate of interest and for such period and upon such terms as may be prescribed, money for making of a Development Plan or the making and execution of a development scheme.

Control by the Board.-Every Planning Authority shall carry out such directions as may be issued from time to time by the Board for the efficient administration of this Act.

Removal of Difficulties.-If any difficulty arises in giving effect to the provisions of this Act, the Government may as occasion may require, by order do or cause to be done anything which may be necessary for removing the difficulty:

Effect of law Effect of law.-Save as aforesaid, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.