Chapter XIII MISCELLANEOUS PROVISIONS

Power of Entry.- The Chief Town & Country Planner or the Appropriate Authority or the Town Planning Scheme Officer or any employee authorized by them or the Department 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 surveys or taking levels of such land or building; or valuation of land and building and charge service fees;
2. (b) Setting out boundaries and intended lines of works;
3. (c) Making such levels, boundaries and lines by placing marks, boundary pillar, cutting and trenches;
4. (d) examining works under construction and ascertaining the course of electricity, water supply, sewers and drains;
5. (e) digging or working into the sub-soil;
6. (f) ascertaining whether any land is being or has been developed in contravention to any provision of this Act or rules or regulations there under; and
7. (g) doing any other act necessary for the efficient administration of this Act: Provided that -
   • (i) no such entry shall be made (unless) with the consent of the occupier thereof, at least twenty-four hours' notice in writing of the intention to enter;
   • (ii) sufficient opportunity, shall, in every instance be given to enable workmen (if any) to withdrawn from such land or building;
   • (iii) due regards shall always be had, so far as may be compatible with exigencies of the purpose or which the entry is made to the social and religious engages of the occupants of the land or building entered.
8. (h) Power of the Chief Town & Country Planner under this section shall extend to the whole State Co-coordinating different Government Agencies. Local Authorities and Voluntary Organizations in the matter of Enforcement and implementation of the Development Plan. Otherwise as directed by the State Government. Provided that the powers of the District Town & Country Planner shall extend only to the respective District and the powers of the Sub-Divisional Town & Country Planner shall extend only to such Sub-Division of Planning area or region or project as may be notified.
   • (i) Any person who obstructs the entry of a person empowered or authorized under this section, to enter into or upon any land or building or vacation of land and building or molest such person after such entry shall punishable with imprisonment for a term which may extend to six months or with a fine which may extend to one thousand rupees, or
9. (j) The Chief Town & Country Planner or the Appropriate Authority or the Town Planning Scheme Officer or such other officers authorized in this behalf may enter into and perform or require the performances of all such contract and any other expenditure involving such amount as decided by the
10. (k) Government as it will be necessary or expedient for carrying out Town Planning Schemes implementation and any other purposes under this Act; Provided that every contract, accounts etc. made by the Chief Town & Country Planner or the Appropriate Authority or the Town Planning Scheme Officer under this clause shall be entered into in such manner and in such forms as may be prescribed from time to time.

Restrictions on development of land after the declaration of a Town Planning Scheme or Local Area Plan.-

1. (1) On or after the date on which a draft scheme is published under section 30 or as the case may be the Local Area Plan is published under section 44, no person shall, within the area included in the scheme or as the case may be the Local Area Plan, carry out any development unless such person has applied for and obtained the necessary permission for doing so from the appropriate authority on payment of such scrutiny fees as may be specified in the regulations.
2. (2) No person shall be entitled to compensation in respect of any damage, loss or injury resulting from any action taken by the appropriate authority under the sub-section
3. (1) of section 38 except in respect of a building or work begun or contract entered into before the date on which a declaration of intention to make a development scheme is published under sub-section
4. (1) of section 23 or as the case may be the Local Area Plan is published under sub-section
5. (1) of section 40.

Service of notice, etc.-

Public notice to be made known Public notice to be made known.- Every public notice given under this Act or rules or regulations made under this Act, shall be in writing over the signature of the Secretary of the Appropriate Authority or such other Officers who may be authorized in this behalf by the Department and shall be widely made known in the locality to be affected thereby affixing copies thereof inconspicuous public place with the said locality or by advertisement in a registered local newspaper in English or Mizo and by such other means which the Chief Town & Country Planner of the Department thinks fit.

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

Authentication of order and documents.- All permissions, orders, decisions, notices and other documents shall be authenticated, by the signature of the Officer authorized by the Appropriate Authority or Town Planning Scheme Officer or the Chief Town & Country Planner or any authority in this behalf.

Mode of proof of records.- A copy of any receipt, application, design, plan, notice, order, entry in a register or other document in the possession of the Appropriate Authority or the Department is duly certified by the legal keeper thereof, or other person authorized by the Appropriate Authority or the Department in this Act shall be received as prima facie evidence of the matters on transaction therein recorded, in every case where, and to the same extend as the original entry or document would, if produced have been admissible to prove such matters.

No Officers or servants of the Department or Appropriate Authority under this Act shall in any legal proceedings to which the Department or the Appropriate Authority is not a party, be required to produce any register or document the contents recorded therein, unless by order or the Court made for special case.

If the person committing an offence under this Act is a company or any person, who at the time the offence was committed was in charge of, and was responsible to the company shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and prosecuted accordingly. For the purpose of this section-

1. (a) 'Company' means a body corporate and includes a firm, limited liability partnership firm or any association of this individuals; and
2. (b) 'Director' in relation to a firm or limited liability partnership firm or means partner in the firm.

If any person-

1. (a) Obstructs or molest any person engaged or employed by the Department or any person with whom the Department has entered into a contract, in the performance or of anything which he is empowered or required to be done under this Act, or
2. (b) Removes any marks or pillars set up for the purpose of indicating any level or direction necessary to the execution of works authorized under this Act; he shall be punished with fine which may extent to give hundred rupees or with imprisonment for a term which may extend to three months.

Whoever does any work in contravention in this Act shall, on conviction, be punished with fine which may extend to five lakh rupees and the court shall, in such order of conviction, direct that if such contravention continues after the date of the order of conviction, a fine not exceeding five thousand rupees per day for the period during which the contravention continues shall be recovered from the person so convicted: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, the fine shall not be less than five hundred rupees and in the case of a continuing contravention, the fine shall not be less than ten thousand, per day.

It shall be the duty of the Police:-

1. (1) To communicate without delay to the officer or employees of the Department any information which he receives of a design to commit or of the commission of any Offence against this Act, or any rule made thereunder and,
2. (2) to assist the Chief Town & Country Planner or any Officer or employees of the Department who reasonably ask his assistance for the lawful exercise of any power vesting in the Chief Town & Country Planner or any such Officer or employees under this Act or any rule made thereunder.

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the State Government concerned or any Officer authorized by the State Government in this behalf.

All fines realized in connection with prosecution under this Act shall be paid to the Department concerned.

1. (1) The Chief Town & Country Planner or the Town Planning Scheme Officer or any person authorized by the State Government in this behalf by general or special order, may compound any offence punishable under this Act.
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 already compounded.

The Police Officer, not below the rank of Sub-Inspector, may arrest without taking warrant from Magistrate any person who commits in his view, any offence against this Act or rules made thereunder, if the name and address of such persons be unknown to him and if such person, on demand, declines to give his name and address which such Officers has reason to believe false.

Every party to any proceedings before the Development Scheme Officer or the Appropriate Authority or its representative shall be entitled to appear either in person or through authorized representative.

No Court inferior to that of a Magistrate of the First Class shall try any offence Punishable under this Act.

Every member and every officer and employee of the Department shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860. (Central Act No. 45 of 1860)

Within Notified planning areas or regions under section 3 of this Act no sub-division of plots by individuals, will be allowed by the Land Revenue & Settlement Department or Local Authority or Authorities or any other Department or any person unless prior approval of the Appropriate Authority has been obtained actually.

Control by the Government The Appropriate Authority or the Chief Town & Country Planner shall carry out such directions or instruction as may be issued from time to time by the State Government for the efficient administration of the Act;

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, within 2 years of the commencement of this Act, by order publish in the Official Gazette, as the occasion may require do anything which appears to it to be necessary to remove the difficulty.

1. (1) Save as aforesaid, the provisions of this Act, and the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained any other law -
2. (2) Notwithstanding anything contained in any such other law-
   • (i) When permission for development in respect of any land has been obtained under this Act, such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other laws, this shall not, however, be constructed as exemption to permission being obtained as required under such other laws and of payments of such fees and charges as may be prescribed by these laws;
   • (ii) 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 for the fact that permission, approval or sanction required under such other law for such development has been obtained.

1. (1) The State Government may, by Notification in the Official Gazette, make rules to carry out the purpose of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters namely;
   • (i) the manner of publication of declaration of intention to make a development scheme under sub-section
3. (1) of section 31;
   • (ii) the manner of publication of declaration of intention and to conduct awareness meeting to first make a scheme and then explain the proposals of such scheme to the owners under sub-section
4. (2) of section 7;
   • (iii) the particulars to be considered in estimating the costs of development scheme or Local Area Plan under section 72;
   • (iv) the record of rights which is to be collected, the methods of capturing, the forms in which it may be documented and the manner in which it is to be published to invite objections and suggestions;
   • (v) The time within which the Government is to direct modifications in or to give its consent for publication of notice for preparation of Development Plans and approval, to any Development Plan and development scheme;
   • (vi) The form and consent of the Development Plans and the development schemes and the procedures to be followed in connection with the preparation, submission and approval of such Development Plans and Development schemes and the form and the manner of publications of the notice relating to such Development plans and development schemes;
   • (vii) The periodical amendment of Development Plans, the period and the expiration of which such an amendment may be taken up, procedure to be followed in making such amendment;
   • (viii) The form in which any application for Development permission shall be made and the particular be furnished in such applications and documents and Building design or Layout plan which shall accompany such application;
   • (ix) The form of registration of application and the particular to be contained in such Register;
   • (x) The manner in which acquisition notice is to be served, and claim for compensation is to be made and the procedure to be followed for assessment of compensation;
   • (xi) The documents of which copies may be granted, the fees for such copies;
   • (xii) the manner in which documents, plans and maps relating to a sanctioned scheme shall be made accessible to the public, under the provision;
   • (xiii) The manner of filling, and the fees to be paid and the procedure to be followed in appeals;
   • (xiv) the procedure for summary eviction of a person and the form of the notice to be given;
   • (xv) the procedure for provisional register or owners of each Original Plot;
   • (xvi) the method of estimation of the value of the plot and the structures thereon, at the date of declaration of intention;
   • (xvii) the time within which any claim is to be made by the owner of any property or right injuriously affected by the making of a development scheme; (xviii) any other matter which is to be, or may be prescribed including transferable development right, development control rules and regulation or building regulations for environmentally sensitive areas or regions.

1. (1) The appropriate authority may, with the approval of the State Government, make regulations, consistent with this Act and the rules made thereunder, for all other matters for which provision is, in the opinion of the authority, necessary for the exercise of its powers and discharge of its functions and duties under this Act.
2. (2) No regulations made by an appropriate authority under sub-section
3. (1) shall take effect unless it is published in the Official Gazette.

1. (1) On the commencement of this Act, the following laws, namely— The Mizoram Urban & Regional Development Act, 1990 is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken to make a scheme, or draft development scheme published by the Appropriate Authority or any application made to the State Government for the sanction of any draft development scheme, any sanction given by the State Government to the scheme or any application made by the prescribed authority for any scheme made to the State Government for the sanction of any variation or revocation or to withdraw, any sanction given by the State Government in respect of the application or any part thereof, or any delivery of possession enforced, any eviction summarily made, any notice severed, any action taken to enforce a scheme, any costs of scheme calculated or any other authority by owners of plots included in a scheme, any recoveries made or to be made or compensation awarded or to be awarded in respect of any plot, or 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 work, any commencement certificate granted, or any order made for demolition of building, or any appeal made preferred on an order of the prescribed authority or any decision on an appeal of the authority appointed in regard of any appeal or any order as stay of any proceedings in matters of development restrictions or otherwise or any order of suspension of rule, bye law, regulation, notification, or order made, or notice served for any purchase or any order or any proceedings in pursuance of such purchase notice, or any rules or regulations made, under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, 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 the authority appointed in regard of any appeal under the repealed Act hereby repealed on the date of commencement of this Act shall be disposed, in accordance with the provisions of this Act, by the Town Planning Scheme Officer or by an Officer or by any authority which the State Government may appoint by an order for general purposes or specific purpose, as the case may be,

Save as otherwise provided, the provision of this Act and the rules or regulations made thereunder shall have overriding effect notwithstanding anything inconsistent therewith contained in any other laws.