Chapter IX SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS

1. (1) The Director of Town Planning or any officer authorised by him, the Town Planning Officer of any Regional Board or Planning Authority, the Arbitrator, or any person authorised by the State Government, Regional Board, Planning Authority, Development Authority or Arbitrator may enter into or upon any land or building with or without assistants or workmen for the purpose of the preparation of a plan or scheme under this Act by-
   • (a) making any measurement or survey or taking levels of such land or building ;
   • (b) setting out and marking boundaries and intended lines of development ;
   • (c) marking such levels, boundaries and lines by placing marks and cutting trenches ;
   • (d) examining works under construction and ascertaining the course of sewers and drains ;
   • (e) ascertaining whether any land is being or has been developed in contravention of any provision of this Act, or rules or regulations thereunder : Provided that,-
     • (i) in the case of any building used as a dwelling-house, or upon any enclosed part of garden attached to such a building, no such entry shall be made except between the hours of sunrise and sunset or without giving its occupier at least 24 hours notice in writing of the intention to enter ;
     • (ii) sufficient opportunity shall in every instance be given to enable women (if any) to withdraw from such land or building ;
     • (iii) due regard shall always be had, so far may be compatible, with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.
2. (2) The power of the Director of Town Planning shall extend to the whole of the State ; and the power of any Town Planning Officer or any person authorised by the Regional Board, Planning Authority or Development Authority shall extend only to the area under the jurisdiction of such Board or Authority; and the power of the person authorised by the Arbitrator or State Government shall extend to such area as the Arbitrator or State Government may specify in this behalf.
3. (3) Any person who obstructs the entry of a person empowered or authorised under this section to enter into or upon any land or building or molests such persons after such entry shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.

1. (1) All documents including notices and orders required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or rule or regulation, be deemed to be duly served-
   • (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, secretary or principal 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 ;
   • (b) where the person to be served is a partnership, and if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either-
     • (i) sent by registered post to such office ; or
     • (ii) delivered at the said place of business ;
   • (c) in any other case, if the document is addressed to the person to be served and-
     • (i) is given or tendered to him; or
     • (ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates; or
     • (iii) if sent by registered post to that person.
2. (2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed "the owner" or "the occupier", as the case may be, of that land or building (naming or describing that land or building) without further name or description and shall be deemed to be duly served-
   • (a) if the document so addressed is sent or delivered in accordance with clause (c) of sub-section (1); or
   • (b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building.
3. (3) Where a document is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner.
4. (4) For the purpose of enabling any documents to be served on the owner of any property, the Secretary to the Regional Board or the Planning Authority or Development Authority may by notice in writing require the occupier (if any) of the property to state the name and address of the owner thereof.
5. (5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
6. (6) A domestic servant is not a member of the family within the meaning of this section.

Every public notice given under this Act or rules or regulations thereunder shall be in writing over the signature of the Secretary to the Regional Board or Planning Authority or Development Authority or such other officer who may be authorised in this behalf by such Board or Authority and shall be widely made known in the locality to be affected thereby, affixing copies thereof in conspicuous public places within the said locality and by publishing the same by beat of drum or by advertisement in one or more local newspapers, and by such other means which the Secretary thinks fit.

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

All permissions, orders, decisions, notice and all documents of a Regional Board, Planning Authority or Development Authority shall be authenticated by the signature of the Secretary to the Regional Board or Planning Authority or Development Authority or such other officer as may be authorised by such Board or Authority in this behalf.

1. (1) If the person committing an offence under this Act is a company, every person, who, at the time of 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 the sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all 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 also be deemed to be guilty of that offence and 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.

If any person-

1. (a) obstructs, or molests any person engaged or employed by a Regional Board, Planning Authority or Development Authority or any person with whom any such Board or 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. (b) remove any mark or boundary stone set up for the purpose of indicating any level or direction necessary to the execution of any development authorised under this Act, he shall, on conviction, 1[be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees or with both].

No prosecution for any offence punishable under this Act or rules made thereunder shall be instituted or no prosecution instituted shall be withdrawn, except with the previous sanction of the Regional Board, Planning Authority, or as the case may be, a Development Authority or any officer authorised by such Board or Authority in this behalf : 1[ Provided that, no sanction shall be necessary where unauthorised development has been carried out on the plot having area more than 1000 square meters.]

1. (1) The Regional Board or Planning Authority or Development Authority concerned or any person authorised 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 or rules made thereunder.
2. (2) When an offence has been compounded, the offender, if in custody, shall be discharged; and no further proceedings shall be taken against him in respect of the offence compounded.

No court inferior to that of a Judicial Magistrate of the First Class shall try an offence punishable under this Act.

Notwithstanding anything contained in section 32 of the *Code of Criminal Procedure, 1898 (V of 1898.) it shall be lawful for any Presidency Magistrate or Magistrate of the First Class to pass any sentence authorised by this Act in excess of its power under the said section.

Every member and every officer and other employee of a Regional Board or Planning Authority or Development Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rules or regulations made thereunder.

1. (1) Nothing in the Indian Registration Act, 1908 (XVI of 1908.) shall be deemed to require the registration of any document, plan or map prepared, made or sanctioned in connection with a final Regional plan or final Development plan or final town planning scheme which has come into force.
2. (2) All such documents, plans and maps shall, for the purposes of sections 48 and 49 of the Indian Registration Act, 1908 (XVI of 1908.) be deemed to have been and to be registered in accordance with the provisions of that Act : Provided that, documents, plans and maps relating to the sanctioned plan or scheme shall be accessible to the public in the manner prescribed.

1[148-A. Exclusion of time in certain cases.- In computing the period, in relation to any Development plan, Regional plan or scheme under the provisions of Chapters II, III, IV and V of this Act, the period or periods during which any action could not be completed under the said Chapters, due to any interim order of any Court 2[or due to enforcement of any Code of conduct by the Election Commission of India or the State Election Commission in respect of any election] shall be excluded.]

Save as otherwise expressly provided in this Act, every order passed or direction issued by the State Government or order passed or notice issued by any Regional Board, Planning Authority or Development Authority under this Act shall be final and shall not be questioned in any suit or other legal 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 a Regional Board, Planning Authority or Development Authority;
   • (b) any person having ceased to be a member;
   • (c) any person associated with a Regional Board, under section 10 having voted in contravention of the said section; or
   • (d) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or
   • (e) any ommission, defect or irregularity not affecting the merits of the case.
2. (2) Every meeting of a Regional Board, Planning Authority or 1[Development Authority, constituted under sub-section (2) of section 113], the minutes of the proceedings of which have been duly signed as prescribed shall be taken to have been duly convened and to be free from all defects and irregularity.

1. (1) The State Government may, by a notification in the Official Gazette, delegate any power exercisable by it under this Act, or rules thereunder to any officer of the State Government 1[in such case and subject to such conditions, if any, as may be specified in such notification].
2. (2) The Director of Town Planning may, by an order in writing, delegate any power exercisable by him under this Act or rules thereunder to any officer subordinate to him in such case and subject to such conditions, if any, or may be specified therein.
3. (3) Any Regional Board, Planning Authority or Development Authority may, by a resolution, direct that any power exercisable by it under this Act, rules, or regulations thereunder (except the power to prepare any Regional plan, Development plan, town planning scheme or the plan of the New Town or to make regulations) may also be exercised by any officer of the State Government with the previous consent of the State Government, the Regional Board, Planning Authority or local authority or Development Authority as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
4. (4) The Town Planning Officer of any Regional Board, Planning Authority or Development Authority may, by an order in writing, delegate any power exercisable by him under this Act, or rules or regulations thereunder to any officer of the Regional Board, Planning Authority or local authority or Development Authority concerned, in such cases and subject to such conditions, if any, as may be specified therein.

Notwithstanding anything contained in section 151, the powers and functions of a Planning Authority or New Town Development Authority shall, for the purposes of sections 25, 43, 44, 45, 46, 49, 51, 53, 55, 56, 58, 89, 90,107, 112,1[126 (1)(b)], 135, 136 and 142 be exercised and performed by the following officers, namely :-

1. (1) in the case of a Municipal Corporation, by the Municipal Commissioner or such other officer as he may appoint in this behalf;
2. (2) in the case of a Zilla Parishad, by the Chief Executive Officer or such other officers as he may appoint in this behalf;
3. (3) in the case of a Municipal Council, by the Chief Officer of the Council; and
4. (4) in the case of any other local authority, Special Planning Authority or New Town Development Authority, by the Chief Executive Officer or person exercising such powers under Acts applicable to such authorities : 2[Provided that, in the case of a New Town Development Authority declared under sub-section (3A) of section 113, that Authority shall, for the purpose of information of the public, publish in the Official Gazette, and in such other manner as it may consider necessary, the officers of the Authority who will exercise the powers and perform the functions, of that Authority for the purposes of this Act:] 3[Provided further that, the State Government may, by a notification in the Official Gazette, delegate any of the powers exercisable under sections 44,45, 46, 51, 53, 54, 55, 56, 135 and 136 of this Act by the Slum Rehabilitation Authority appointed under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971.), acting as the Planning Authority, to the Chief Executive Officer of the Slum Rehabilitation Authority.]

1. (1) A Planning Authority may, for the purpose of a Development plan or the making or execution of a town planning scheme, borrow loans in accordance with the provisions of the Act under which that Authority is constituted or if such Act does not contain any provision for such borrowing, in accordance with the Local Authorities Loans Act, 1914 (IX of 1914).
2. (2) Any expenses incurred by a Planning Authority or the State Government under this Act or in connection with a Development plan or a town planning scheme may be defrayed out of the funds of the Planning Authority.

1[(1) Notwithstanding anything contained in this Act or the rules or regulations made thereunder, the State Government may, for implementing or bringing into effect the Central or the State Government programmes, policies or projects or for the efficient administration of this Act or in the larger public interest, issue, from time to time, such directions or instructions as may be necessary, to any Regional Board, Planning Authority or Development Authority and it shall be the duty of such authorities to carry out such directions or instructions within the time-limit, if any, specified in such directions or instructions.]

1. (2) If in, or in connection with, the exercise of its powers and discharge of its functions by any Regional Board, Planning Authority or Developmment Authority under this Act, any dispute arises between the Regional Board, Planning Authority or Development Authority, and the State Government, the decision of the State Government on such dispute shall be final.

1. (1) Every Regional Board, Planning Authority and Development Authority shall furnish to the State Government such reports, returns and other information as the State Government may from time to time require.
2. (2) Every local authority shall furnish to a Regional Board, Planning Authority or Development Authority (within the limits of which that local authority is functioning) such report, returns and other information as the Board or Authority may require.

Notwithstanding anything contained in any law for the time being in force - 1* * * * * *

1. (b) when permission for such development has not been obtained under this Act, such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained: 2[Provided that, the development which has been duly permitted or deemed to have been permitted by the concerned Village Panchayat within the area of the gaothan or the gunthewari development which has been regularized in accordance with the provisions of the Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001 (Mah. XXVII of 2001) , shall not be treated as unauthorised development under this Act.]

1. (1) Unless otherwise provided in this Act, a Planning Authority or Development Authority shall be competent to make any agreement with any person or party in respect any matter which is provided for under this Act subject to the right of the State Government to modify or disallow such agreement.
2. (2) Such agreement shall not in any way affect the rights of the State Government or third parties, but it shall be binding on the parties to the agreement notwithstanding any decision that may be passed by the State Government: Provided that, if the agreement is modified by the State Government, either party shall have the option of avoiding it if it so elects.

1[157A. Authentication of plans and schemes and custody thereof.- (1) Every Regional plan, Development plan or town planning scheme, which is finally sanctioned by the State Government shall be drawn up in duplicate, and every such plan or scheme on every page thereof shall be authenticated under the seal and signature of the Secretary to Government, 2[Urban Development and Public Health Department or such other officer not below the rank of a Deputy Secretary as may be specified by the Secretary]. One such plan or scheme shall be deposited with the Director of Town Planning and sealed with his seal and the second shall be deposited with the Planning Authority concerned 3[and in the case of a Regional Plan, such second copy together with all the documents, plans and maps relating thereto shall be deposited in the Head Office of the Board, and if the Board is dissolved, then in the nearest office of the State Planning and Valuation Department]. 4[(1A) Every such plan or scheme required under sub-section (1) of this section to bear the signature of the Secretary or such other officer shall be deemed to be properly signed if the first and the last page of such plan or scheme are signed by the Secretary or such other officer and the intervening pages thereof bear the seal and fascimile of the Secretary or such other officer thereon.]

1. (2) The plan or scheme deposited with the Director of Town Planning under seal shall be kept under lock and key and in custody of the Director of Town Planning and shall not be utilised unless it is required for production in any court or by any authority duly empowered in this behalf by the State Government for verifying any entry made or alleged to be made in any such plan or scheme; and a certified copy of any plan or scheme or any part thereof may be given to any person on payment of a fee therefor.
2. (3) Where a plan or scheme or any part thereof is produced for verification, such plan or scheme or part after the relevant entry or entries therein are duly verified (such verification being made in court, or as the case may be, in the presence of the Director of Town Planning or any officer duly nominated by him in that behalf), shall be resealed with the seal of the Director of Town Planning, and then deposited with him in the manner aforesaid.
3. (4) If any officer or person having custody of a plan, scheme or any part thereof, makes or causes to be made any change in such plan, scheme or in any part, such change not being authorised by or under the provisions of this Act, he shall on conviction, be punished with imprisonment which may extend to six months and shall also be liable to a fine.]

1. (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. (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; ] 2[(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;]
   • (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. (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[(1)] Any Regional Board, Planning Authority or Development Authority may, with the previous approval of the State Government, make regulations consistent with this Act and the rules made thereunder, to carry out the purposes of this Act, and without prejudice to the generality of this power,-

1. (i) a Regional Board or a Development Authority may make,-

1. (a) regulations subject to which it shall exercise powers and perform functions under this Act;
2. (b) regulations for regulating its procedure and the conduct of its business at its meeting ;
3. (c) regulation providing for any other matter which has to be or may be prescribed by regulations ;
   • (ii) a Planning Authority may make,-
4. (a) regulations prescribing the manner in which its order under sub-section (1) of section 45 shall be communicated to the applicant seeking permission under that section;
5. (b) regulations prescribing the time within which and the manner in which a notice shall be served on the State Government under sub-section (1) of section 49 ;
6. (c) regulations providing for any other matter which has to be or may be prescribed by regulations. 2[(2) Subject to the provisions of this Act, the State Government may, by notification in the Official Gazette, make Special Development Control Regulations consistent with this Act and the rules made thereunder, for the purpose of implementing any Scheme, Project, Programme or Policy, of the Central or the State Government, in the whole or a part of the State.

1. (3) The State Government shall, before making such Regulations prepare a draft thereof and publish a notice in the Official Gazette stating the draft Regulations have been prepared. The notice shall state that the names of the places where a copy of such draft Regulations shall be available for inspection by the public at all reasonable hours mentioned therein and the copies thereof or any extract therefrom, certified to be correct, shall be available for sale to the public at a reasonable price; and invite objections and suggestions from any person with respect to the draft Regulations before such date as may be specified in the notice. The notice shall also be published in at least two newspapers having wide circulation in the area to which the Regulations are to be made applicable and also in such other manner as the State Government may think fit.
2. (4) After considering the objections and suggestions received by it, the State Government may approve such draft Regulations with modifications or without modifications, if any, as it may think fit, or decide not to approve the same and shall publish a notification in the Official Gazette stating that the Regulations have been approved with or without modifications or have not been approved, as the case may be. In case the Regulations are approved, the notification shall specify therein the date on which the Regulations shall come into operation.
3. (5) Where Special Development Control Regulations are made, the provisions of such Regulations shall be in force in the area to which such Regulations are made applicable and the provisions of any plan or scheme applicable to and in force in such area or part thereof, prior to the date of coming into force of such Regulations under sub-section (4) shall, to the extent of the provisions contained in such Regulations, stand modified.]

1[159A. Special provisions relating to New Town Development Authority and Special Planning Authority.- The provisions of 2[the First Schedule] hereto shall apply in relation to a New Town Development Authority and a Special Planning Authority referred to in section 40 of this Act.]

1. (1) Where the State Government is satisfied that the purposes for which any Regional Board, Special Planning Authority or Development Authority was established under this Act have been substantially achieved so as to render the continued existence of the Board or Authority in the opinion of the State Government unnecessary, 1[or where the State Government is of opinion that the work of acquiring, developing and disposing of land in the area of any new town should be entrusted to any corporation, company or subsidiary company referred to in sub-section (3A) of section 113,] the State Government may, by notification in the Official Gazette, declare that the Regional Board, Special Planning Authority or Development Authority 2[constituted under sub-section (2) of section 113] shall be dissolved with effect from such date as may be specified in the notification 3[or that the Development Authority declared under sub-section (3A) of section 113 shall cease to function in relation to such area of the new town from such date as may be specified in the notification,] and such Board or Authority shall be deemed to be dissolved accordingly4[or as the case may be, shall be deemed to cease to function in relation to such area of such new town.]
2. (2) From the said date-
   • (a) all properties, funds and dues which are vested in, or realisable by the Regional Board, Special Planning Authority or Development Authority 5[for the purposes of the Act] shall vest in, or be realisable, by the State Government ;
   • (b) all liabilities which are enforceable against the Regional Board, Special Planning Authority or Development Authority shall be enforceable against the State Government ; and
   • (c) for the purpose of carrying out any development which has not been fully carried out by the Board or Authority and for the purpose of realising properties, funds and dues referred to in clause (a), the functions of the Regional Board, Special Planning Authority, or Development Authority shall be discharged by the State Government. 6[(3) Where a Development Authority constituted under sub-section (2) of section 113 for the area of any new town is dissolved, and a corporation or company in relation to that area is declared to be New Town Development Authority for that area under sub-section (3A) of section 113, then the provisions of sub-section (2) of this section shall consequent upon such dissolution apply with this modification that as if for the words "State Government" wherever they occur , the words, brackets, figures and letter "Development Authority declared under sub-section (3A) of section 113" were substituted.]

Where any Planning Authority (which is a local authority) ceases to exist or ceases to have jurisdiction over any area included in a development plan or town planning scheme, the property and rights vested in such Planning Authority under this Act shall, subject to all charges and liabilities affecting the same, vest in such other local authority or authorities as the State Government may, with the consent of such local authority or authorities, by notification in the Official Gazette, direct and such local authorities, or each one of such local authorities shall have all the powers under this Act in respect of such schemes or such part of a scheme as comes within its jurisdiction which the Planning Authority ceasing to exist or ceasing to have jurisdiction had.

1. (1) If in the opinion of the State Government, any Regional Board, Planning Authority or Development Authority is not competent to exercise or perform, or neglects or fails to exercise or perform, any power conferred or duty imposed upon it by or under any of the provisions of this Act, the State Government or any person or persons appointed in this behalf by the State Government may exercise such power or perform such duty.
2. (2) Any expenses incurred by the State Government or by such person in exercising such power or performing such duty shall be paid out of the funds of such Board or Authority; and if the Board or Authority fails to pay the expenses, then the State Government may make an order directing any person who for the time being has custody of any such funds to pay such expenses from such funds, and such person shall be bound to obey such order.

Where a municipal corporation is superseded under sub-section (1) of section 452 of the 1Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949.) or where Zilla Parishad is dissolved or superseded under sub-section (1) of section 260 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961(Mah. V of 1962.) or where the Nagpur Improvement Trust is dissolved under sub-section (1) of section 121 of the Nagpur Improvement Trust Act, 1936 (C. P. and Berar XXXVI of 1936.) (or where an Administrator is appointed under section 313, or a Municipal Council is dissolved under section 315 of the Maharashtra Municipalities Act,1965) (Mah. XL of 1965.)2

1. (a) the person or persons appointed under clause (c) of sub-section (2) of the said section 452 of the 3Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949), or under clause (b) of sub-section (2) of the said section 260 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962), or under clause (b) of section 316 of the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965)4, to exercise its powers or to perform its dutis or the municipal corporation of the city of Nagpur discharging the functions of the Nagpur Improvement Trust under the said section 121 of the Nagpur Improvement Trust Act, 1936 (C. P. and Berar XXXVI of 1936), or as the case may be, the Administrator appointed under section 313 of the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965)5, exercising the powers and functions under section 314 of the Maharashtra Municipalities Act, 19656 shall be deemed to be a Corporation, Zilla Parishad, Municipal Counicil, or as the case may be, the Nagpur Improvement Trust, within the meaning of clause (15) of section 2 of this Act and the person or persons, the muncipal corporation of the city of Nagpur or as the case may be, the Administrator aforesaid so appointed may exercise all the powers and perform all the duties of a Planning Authority under this Act during the period of dissolution or supersession of the aforesaid body or during the term of office of the Administrator, as the case may be ;
2. (b) in the event of a person or persons appointed as aforesaid or the Administrator exercising the powers and performing the duties of a Planning Authority under this Act, any property which may under the provisions of this Act vest in the Planning Authority exercising such powers and performing such duties shall, during the period of dissolution or supersession of the local authorities aforesaid, vest in the State Government; and such property shall at the end of the said period, vest in such municipal corporation or Zilla Parishad or Municipal Council as the State Government may, by notification in the Official Gazette, direct.

[Provisions of Bom. LXVII of 1948, Hyd. Act. XXI of 1951 and Bom. XCIX of 1958 not to apply to town planning schemes.]

1. (1) The Bombay Town Planning Act, 1954 (Bom. XXVII of 1955) and sections 219 to 226A and clause (xxxvi) of sub-section (2) of section 274 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961(Mah. V of 1962), are hereby repealed.
2. (2) Notwithstanding the repeal of the provisions aforesaid, anything done or any action taken (including any declaration of intention to make a development plan or town planning scheme, any draft development plan or scheme published by a local authority, any application made to the State Government for the sanction of the draft development plan or scheme, any sanction given by the State Government to the draft development plan or scheme or any part thereof, any restriction imposed on any person against carrying out any development work in any building or in or over any land or upon an owner of land or building against the erection or re-erection of any building or works, any commencement certificate granted, any order or suspension of rule, bye-law, regulation, notification or order made, any purchase notice served on a local authority and the interest of the owner compulsorily acquired or deemed to be acquired by it in pursuance of such purchase notice any revision of development plan, any appointment made of Town Planning Officer, any proceeding pending before, and decisions of, a Town Planning Officer, any decisions of Board of Appeal, any final scheme forwarded to, or sanctioned, varied or withdrawn by the State Government, any delivery of possession enforced, any eviction summarily made, any notice served, any action taken to enforce a scheme, any costs of scheme calculated and any payments made to local authorities by owners of plots included in a scheme, any recoveries made or to be made or compensation awarded or to be awarded in respect ofany plot, any rules or regulations made) under the repealed provisions shall be deemed to have been done or taken under the corresponding provisions of this Act, and the provisions of this Act shall have effect in relation thereto.
3. (3) All proceedings pending before a Board of Appeal constituted under the Bombay Town Planning Act, 1954 (Bom. XXVII of 1955), shall be continued before and disposed of by the Tribunal of Appeal under this Act as if an appeal had been made to it in respect thereof.
4. (4) References to Arbitrator in this Act shall include a reference to a Town Planning Officer whose appointment is continued in force under sub-section (2).
5. (5) The mention of particular matters in this section shall not affect the general application to the repeal of the provisions aforesaid of section 7 of the 1Bombay General Clauses Act, 1904 (Bom. I of 1904) (which relates to the effect of repeal).