Chapter X SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS

1. (1) The Chief Town Planner or Town Planning Officer of any planning authority or any person authorised by 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-
   • (a) making any enquiry, inspection, measurement or survey or taking levels of such land or building ;
   • (b) setting out boundaries and intended lines of works ;
   • (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) digging or boring into the sub-soil,
   • (f) ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules or regulations thereunder ;
   • (g) doing any other acts necessary for the efficient administration of this Act : Provided that -
     • (i) in the case of any building used as a dwelling house or upon any enclosed park or garden attached to such a building, no such entry shall be made (unless with the consent of the occupier thereof) without giving such 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 as 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 Chief Town Planner or the Board under sub-section
3. (1) shall extend to the whole of the State of Tripura and the power of any Town Planning Officer of any planning authority under sub-section
4. (1) shall extend only to its planning area and such other area which the State Government may have directed to be included in a development plan.
5. (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 person after such entry shall be punishable 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 regulations 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, 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, 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) is 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
3. (1) ; or
   • (b) if the document so addressed or a copy thereof so addressed, is delivered to some person ordinarily residing on the land or building.
4. (3) Where a document is served on a partnership firm in accordance with this section, the document shall be deemed to be served on each partner.
5. (4) For the purpose of enabling any documents to be served on the owner of any property, the secretary to the Board or the planning authority or any other officer authorised by the Board or the planning authority, in this behalf, may, by notice in writing require the occupier (if any) of the property to state the name and address of the owner thereof.
6. (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 service upon the minor.
7. (6) A servant is not 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 Board or any planning authority or such other officer who may be authorised in this behalf by the Board or any planning 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, or by publishing the same by beat of drum or by advertisement in a local newspaper and by such other means which the secretary to the Board or the planning authority 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 rules or regulations thereunder the notice, order or other document shall specify a reasonable time for doing the same.

All permissions, orders, decisions, notices and other documents of the Board and any planning authority shall be authenticated by the signature of the secretary to the Board or the planning authority or such other officer as may be authorised by the Board or the planning authority in this behalf.

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 authorised 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.

No chairman, member or officer or servant of the Board or any planning authority shall in any legal proceeding to which the Board or 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 an order of the Court made for special cause.

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 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
3. (1) where an offence under this Act has been committed by a company and if 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 officers 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 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 any thing which he is empowered or required to do under this Act, or
2. (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act. he shall be punishable with fine which may extend to two hundred rupees or with imprisonment for a term which may extend to two months.

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 authorised by the Board or the planning authority in this behalf.

1. (1) The Board or as the case may be the planning authority concerned or any person authorised by the Board or such planning authority by general or special order in this behalf may, either before or after the institution of the proceeding, compound any offence made punishable by or 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 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 39 of the Code of Criminal Procedure, 1973, it shall be lawful for any court of Judicial Magistrate of the first class to pass any sentence authorised by this Act in excess of its power under the said section.

All fines realised in connection with prosecution under this Act shall be paid to the planning authority concerned.

Every member and every officer and other employees 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.

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 rule or regulation made thereunder.

Save as otherwise expressly provided in this Act, every order passed or direction issued by the State 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.

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 section 13 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 omission, defect or irregularity not affecting the merits of the case.
2. (2) Every meeting of the Board and any planning authority, the minutes of the proceedings of which have been duly signed as prescribed in sub-section
3. (4) of section 6 and sub-section
4. (4) of section 12 shall be taken to have been duly convened and to be free from all defects and irregularity.

1. (1) The Board may, by a resolution, direct that any power exercisable by it under this Act, rules or regulations thereunder may also be exercised by any planning authority, local authority, or any officer of the Board, or any officer of the State Government with previous consent of the State Government, in such case 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, rules or regulations to any officer of the Board, any planning authority or any local authority, in such cases and subject to such conditions, if any, as may be specified therein.
3. (3) Any planning 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 development plan or to make regulations, may also be exercised by a local authority, or any officer of the planning authority or any officer of the State Government with the previous consent of the State Government, 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 planning authority may, by an order in writing, delegate any power exercisable by him under this Act, rules or regulations to any officer of the planning authority or local authority concerned, in such cases and subject to such conditions, if any, as may be specified therein.

1. (1) The Board and every planning authority shall carry out such directions as may be issued from time to time by the State Government for the efficient administration of this Act and every planning authority shall carry out also such directions as may be issued from time to time by the Board for the purpose.
2. (2) If in, or in connection with, the exercise of its powers and discharge of its functions by any planning authority under this Act, any dispute arises between the planning authority, the local authority, the Board and the State Government, the decision of the State Government on such disputes shall be final.

1. (1) The Board and every planning 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 planning authority shall furnish to the Board such reports, returns and other information as the Board may from time to time require.

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 in any other law.
2. (2) Notwithstanding anything contained in any such other law -
   • (a) 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 law for such development has not been obtained ; this shall not however, be construed as exemption to permission being obtained as required under such other laws and of payment of such fees and charges as may be prescribed by these law ;
   • (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.

1. (1) The State 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 function and powers of the Board and planning authorities ;
   • (b) the term of office and conditions of service of the chairman and member of the Board and the planning authorities ;
   • (c) the qualification and disqualification for being chosen as and for being members of the Board or the planning authorities ;
   • (d) the time and place of holding and the procedure to be followed in meeting of the Board ;
   • (e) the function and powers, duties of the Chief Town Planner, the term of his and condition of his service ;
   • (f) the manner of nomination of representatives of local authorities under clause
   • (c) of sub-section
3. (3) of section 9 ;
   • (g) the manner in which and the purposes for which any planning authority may associate with itself any person under section 13 ;
   • (h) the control and restriction in relation to the appointment of officers and other employees of the Board and the planning authorities ;
     • (i) the time within which the State Government is to direct modifications in or to give its consent for publication of notice of preparation of, and approval to, any development plan ;
   • (j) the form and content of the outline development plan and the comprehensive development plan and the procedure to be followed in connection with the preparation, submission and approval of such plans and the form and the manner of publication of, the notice relating to such plan ;
   • (k) 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 ;
   • (l) 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 ;
   • (m) the form of registration of application and the particulars to be contained in such register ;
   • (n) the manner of filing, and the fees to be paid for, and the procedure to be followed in, appeals ;
   • (o) 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 ;
   • (p) procedure for the levy of development charges and exemption from it on any development or institution or change of any use of any land ;
   • (q) the manner in which application of the assessment of development charge is to be made ;
   • (r) the sum of money that may be kept in current account ; the form of the budget of the 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 State Government ;
   • (t) the form of the annual statement of accounts and balance sheet ;
   • (u) the form of the annual report of the Board and the date on or before which it shall be submitted to the State Government ;
   • (w) the manner and the constitution of provident funds for the whole time paid members and officers and other employees of the planning authorities and the conditions subject to which such funds may be constituted ;
     • (x) the documents of which copies may be granted, the fees for such copies ;
   • (y) any other matter which has to be or may be prescribed by rules.
4. (3) Every rule made under this Act shall be laid as soon as may be after it is made before the Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the sessions aforesaid the Assembly makes any modification in the rule or decides that the rule shall not be made, the rule 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.

Any planning authority may, with the previous approval of the State Government, make regulations consistent with this Act and the rules thereunder, to carry out the purposes of this Act, and without prejudice to the generality of this power such regulations may provide for -

1. (a) the time and place of holding and procedure to be followed in meeting of the planning authority and the number of members necessary to form a quorum therein ;
2. (b) the powers and duties of the officers and employees of the planning authority ;
3. (c) the salaries, allowances and conditions of service of the officers and employees of the planning authority ;
4. (d) the terms and conditions for the continuance of use of any land used otherwise than in conformity with development plan ;
5. (e) any other matter which has to be or may be prescribed by regulations.

1. (1) Where the State government is satisfied that purposes for which any planning authority was established under this Act have been substantially achieved so as to render the continued existence of the planning authority in the opinion of the State Government 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. (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 planning authority shall be enforceable against the State Government ; and
   • (c) 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.

Nothing in this act shall apply to operational constructions (including maintenance, development and new construction) by or on behalf of a Department of the Central Government. Explanation- In this section, the words "operational constructions" shall mean such construction as may be prescribed in the rules by the state Government.