The Manipur State Planning Authority Act, 2021
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10. Act to have overriding effect
10. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act; or in any decree or order of any court, tribunal or other authority.
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11. Power of the State Government to give direction
11. The State Government may, from time to time, give such direction to the Planning Authority as it may deem fit for the efficient administration of this Act and when any such direction is given, the Authority shall carry out such direction.
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12. Violation of Master Plan
12.
- (1) On and from the coming into operation of the Master Plan, no development shall be made in any region of the State which is inconsistent with the Master Plan.
- (2) Where the Planning Authority is satisfied that any department or authority of the State Government has carried out, or is carrying out, any activity which amounts to a violation of the Master Plan, it may, by a notice in writing, direct the department or authority of the State Government as the case may be, to stop such violation of the Master Plan within such time as may be specified in the said notice and such direction shall be binding on the Department.
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13. Technical assistance to the Authority
13.
- (1) The State Government may direct any of its organisation to provide, on such terms and conditions as may be mutually agreed upon, such technical assistance to the Planning Authority as State Government may consider necessary.
- (2) With a view to enabling the Committee to discharge its functions, the Planning Authority shall, out of the technical assistance received by it under sub-section
- (1) make available to the Committee such technical assistance as the Committee may require.
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14. Power to delegate
14. The Planning Authority may, by notification in the Official Gazette, direct that any function or power (other than the power to approve the Master Plan and to make the regulations), or duty which the Authority may perform, exercise or discharge under this Act shall subject to such conditions, if any, as may be specified in the notification, be performed, exercised or discharged also by such person or persons as may be specified in the notification and where any such delegation of power is made the person or persons to whom such power is delegated shall perform, exercise or discharge those powers in the same manner and to the same extent as if they were conferred on him or them directly by this Act and not by way of delegation.
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15. Power of entry
15. Subject to any rules made in this behalf, any person generally or specially authorised by the Planning Authority in this behalf, may, at all reasonable times, enter upon any land or premises and do such things thereon as may be necessary for the purpose of lawfully carrying out any works or for making any survey, examination or investigation, preliminary or incidental to the exercise of any power or performance of any function by the Authority under this Act: Provided that no such person shall enter any building or any enclosed courtyard or garden attached to a dwelling-house without previously giving the occupier thereof at least three days' notice in writing of his intention to do so.
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16. Protection of action taken in good faith
16. No suit, prosecution or other legal proceeding shall lie against the Planning Authority or any member or any officer or any other employee of the Planning Authority including any other person authorised by the Planning Authority to exercise any power or to discharge any function under this Act, or for anything which is in good faith done or intended to be done under this Act.
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17. Power to make rules
17.
- (1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
- (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
- (a) the composition and terms and conditions of the members of the Authority and of the Committee, as required by sub-section
- (2) of section 3 and sub-section
- (2) of section 4 respectively, to be prescribed;
- (b) the conditions and restrictions with respect to the exercise of the powers to enter under section 15 and other matters relating thereto; and
- (c) any other matters which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.
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18. Power to make regulations
18. The Planning Authority may, with the previous approval of the State Government, by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder to carry out the provisions of this Act.
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19. Rules and regulations to be laid before Manipur State Legislature
19. Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before 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 or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, Legislature agree in making any modification in the rule or regulation, as the case may be, or Legislature agree that the rules or regulations, as the case may be, should not be made, the rule or regulation shall thereafter 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 under that rule or regulation.
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20. Dissolution of the Planning Authority
20 .(1) Where the State Government is satisfied that the purposes for which the Planning Authority was established under this Act have been substantially achieved or continued existence of the Planning Authority in the opinion of the State Government is unnecessary, the State 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) From the said date:
- (a) all properties, funds and dues which are vested in or realisable by the Planning Authority shall vest in, or be realisable by, the State Government.
- (b) all liabilities which are enforceable against the Authority shall be enforceable against the State Government.
- (c) for the purpose of carrying out any development which has not been fully carried out by the Planning Authority and for the purpose of realising properties, funds and dues referred to in clause (a), the functions of the Planning Authority shall be discharged by the State Government.
- (d) nothing in this section shall be construed as preventing the State Government from reconstituting the Planning Authority in accordance with the provisions of this Act.
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21. Acquisition of land and determination of rights in relation to land to be made by the Government
21. For the removal of doubts, it is hereby declared that the acquisition of land or the determination of any right or interest in, or in relation to, any land or other property, where necessary to give effect to any Master Plan, shall be made by the State Government in accordance with the law for the time being in force in the State.
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22. Repeal and savings
22.
- (1) The Salaries and Allowances of the Deputy Chairman of the State Planning Board (Manipur) Act, 1972 is hereby repealed.
- (2) Notwithstanding such repeal, anything done or any action taken under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act.
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