Chapter XIII POWERS OF GOVERNMENT

Power to Make Rules.-

1. (1) The Government may, by notification in the Official Gazette, make Rules to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such Rules may provide for all or any of the following matters, namely -
   • (a) the functions and powers of the Board and Planning Authority;
   • (b) the term of office and conditions of service of the members of the Board and the Planning Authorities;
   • (c) the qualification and disqualification for being chosen as, and for being members of the Board or Planning Authorities;
   • (d) the time and place of holding and the procedure to be followed in the meetings of the Board;
   • (e) the functions, powers and duties of the Town and Country Planning Organization (TCPO);
   • (f) the manner of nomination of such members including representatives of Local Authorities under sub- section (3) of Section-11
   • (g) the manner in which and the purpose for which any Planning Authority may associate with itself any person under the provisions of this Act;
   • (h) the control and restriction in relation to the appointment of officers and other employees of the Board
     • (i) to direct modifications in any Development Plan and development scheme and the time within which the Board and the Government is to accord approval to such Development Plan and development scheme.
   • (j) framing of rules for constitution, functions and powers of Metropolitan Planning Committee.
   • (k) the form and content of Development Plan and area development scheme and the procedure to be followed in connection with the preparation. Submission and approval of such plans, schemes and the form and the manner of publication of the notice relating to such plan and scheme;
   • (l) the periodical amendment of Development Plans, the period on the expiration of which such an amendment may be taken up, procedure to be followed in making such amendment;
   • (m) the form in which any application for permission for development shall be made, the particulars to be furnished in such application and documents and plans which shall accompany such application.
   • (n) the form of registration of application and the particulars to be contained in such register;
   • (o) the manner of filing, and the fees to be paid for and the procedure to be followed in appeals;
   • (p) the manner in which an acquisition notice is to be served, and claim for compensation is to be made, the time within which such claim is to be made and the procedure to be followed for assessment of compensation;
   • (q) quantum and procedure for the levy of development charges and infrastructure and amenities charges and exemption from them on any development or institution or change of any use of any land;
   • (r) the manner in which application for the assessment of development charge is to be made; the sum of money that may be kept in Current Account;
   • (t) the form of the budget of Planning Authorities, the date on or before which it shall be prepared, the manner of preparing it, the number of copies that have to be sent to the Board and the Government;
   • (u) the form of the annual statement of accounts and balance sheet and the form of the annual report of the Planning Authorities and date on or before which it shall be submitted to the Board and to the Government;
     • (v) the form of the annual report of the Board and the date on or before which it shall be submitted to the Government;
   • (w) planning standards, prescribing the building regulation, Building Bye Laws, setbacks, specifications, coverage, height restrictions, etc.;
     • (x) the manner and the constitution of provident funds for the whole time paid members and officers and other employees of Planning Authorities and the conditions subject to which such funds may be constituted;
   • (y) the documents of which copies may be granted, the fees for such copies; and
   • (z) any other matter which has to be or may be prescribed by Rules.

Power to Make Regulations.-

1. (1) Any Planning Authority may, with the previous approval of the Government, make Regulations consistent with this Act and the Rules made there under, to carry out the purposes of this Act.
2. (2) Without prejudice to the generality of this power such Regulations may provide for-
   • (a) the time and place of holding and procedure to be followed in meetings of the Planning Authority, its committee, the number of members necessary to form a quorum therein;
   • (b) the powers and duties of the officers and employees of the Planning Authorities;
   • (c) the salaries, allowances and conditions of service of its officers and employees;
   • (d) the terms and conditions for the continuance of use of any land used otherwise than in conformity with a Development Plan; and
   • (e) planning standards, prescribing the building regulation, Building Bye Laws, setbacks, specifications, coverage, height restrictions, etc,; and
   • (f) any other matter which has to be or may be prescribed by the Rules.

Power to Make Policies.-

In order to encourage the development of new towns, large residential colonies, integrated townships, satellite towns, airports, information technology parks, and other real estate projects including affordable housing for economically weaker sections in the State, either through Government initiative and or in private or public private partnership mode (PPP mode), the Government may frame policy guidelines and schemes to give effect to such schemes or projects.

Laying of Rules Regulations and Policy before State Legislature.-Every Rule Regulations and Policy made under this Act shall be laid, as soon as may be after it is made, before the Houses of the Legislature, while it is in session, for a total period of fourteen days. This period may be comprised in one session or in two or more successive sessions. If, before the expiry of the session immediately following the session or the successive sessions aforesaid, the Houses agree in making any modification in the Rules or the Houses agree that the Rules should not be made, the Rules shall thereafter have effect only in such modified for or be of no effect, as the case may.

Dissolution of Planning Authorities Dissolution of Planning Authorities.-

1. (1) Where the Government is satisfied that the purpose for which any Planning Authority was established under this Act has been substantially achieved so as to render the continued existence of the Planning Authority in the opinion of the Government unnecessary, the Government may, by notification in the Official Gazette, declare that the Planning Authority shall be dissolved with effect from such date as may be specified in the notification and the Planning Authority shall be deemed to be dissolved accordingly.
2. (2) From the said date;
   • (a) all properties, funds and dues which are vested in, or realizable by, the Planning Authority shall vest in or be realizable by the Government;
   • (b) all liabilities which are enforceable against the Planning Authority shall be enforceable by the Government; and
   • (c) for the purpose of realizing properties, funds and dues referred to in clause (a), the functions of the Planning Authority shall be discharged by the Government.

Control by the Government.-

1. (1) A Planning Authority shall carry out such directions and guidelines as may be issued to it from time-to-time by the Government for the efficient discharge of its responsibilities and functions under this Act.
2. (2) If in connection with, the exercise of its powers, responsibilities and discharge of its functions by the Government or the Board or Planning Authority under this Act, any dispute arises between a Planning Authority and any other authority or any committee or Local Authority or the Board or the Government, the matter shall be resolved by the Government and the decision of the Government shall be final and binding on the Planning Authority and the other authority or any committee or Local Authority or the Board or the Government, as the case may be.
3. (3) The Government may, at any time either on its own motion or on application made to it in this behalf, call for the records of any case disposed of, or order passed by the Planning Authority for the purpose of satisfying themselves as to the legality or propriety or correctness of any order passed or direction issued, and may pass such order or issue such direction in relation thereto as the Government may think fit: Provided that the Government shall not pass an order adversely affecting any person or body without affording such person or body, an opportunity of being heard or offering explanation.
4. (4) The Government may in consultation with the Board effect change in land use suo-moto or on the application of any Planning Authority or any owner of land or building.

Replacement of Members of the Board or the Planning Authority in Certain Cases.-If in the opinion of the government, any member or staff of the Board or a Planning Authority willfully omits or refuses to carry out or disobeys the provisions of this Act or any Rules, bye-laws, Regulations or lawful orders issued hereunder or abuses his position or the powers vested in him or any member is found guilty of any misconduct in exercising or purporting to exercise the right conferred or performing or purporting to perform the functions imposed by or under this Act, the Government may by an order and with effect from a date to be specified therein, replace such member or appointed staff of the Planning Authority who shall forthwith be deemed to have vacated his office as such; Provided that the Government shall, when the Government proposes to take action under this section, give the person concerned an opportunity of making presentation on the action proposed and the order issued shall contain a statement of the reasons for the action taken.

Powers of Government to Appoint a Special Officer.-(1) Notwithstanding anything contained in this Act where, for any reason, there is delay in the constitution or re-constitution of the respective Planning Authority in accordance with the provisions of this Act, the Government may, by notification appoint a Special Officer to manage the affairs of the respective Planning Authority under the Act, for a period which shall not exceed one year from the date of such appointment; Provided that the government may, from time to time, by an order and for reasons specified therein, extend the said period of appointment of Special Officer beyond one year, for further periods, however the period of appointment of the Special Officer shall not, in the aggregate, exceed two years.

1. (2) Upon the issuance of an order under sub-section-(1),
   • (a) all the powers and functions of the respective Planning Authority shall during the period specified in the order under sub-section (1), be exercised and performed by the Special Officer; and
   • (b) all property vested in the respective Planning Authority shall, during the period specified in the order vest in the Government
2. (3) The Government may reconstitute the respective Planning Authority in the manner provided in this Act, before the expiry of the period notified under this section and the Special Officer shall cease to manage the affairs of the authority on such reconstitution.

Return and Information.-(1)Every Planning Authority shall furnish to the Government such reports, returns, records and other information as the Government may, from time-to-time require.

1. (2) The Government may, call for reports, returns, records and other information from the Planning Authority or the Local Authority or the public agency responsible, in regard to:-
   • (a) preparation of the Development Plan, Zonal Development Plan, Area Development Scheme, etc.;
   • (b) implementation of the plan, policy, programme or scheme
2. (3) Every Planning Authority shall comply with such directions, guidelines or instructions as may be given by the government with regard to the above aspects.