The Tripura Town and Country Planning Act, 1975

1. (1) This Act may be called the Tripura Town and Country Planning Act, 1975.
2. (2) It extends to the whole of Tripura.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette appoint, and different dates may be appointed for different areas.

In this Act, unless the context otherwise requires-

1. (1) "agriculture" includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil, breeding and keeping of livestock, including cattle, horses, donkeys, mules, pigs, fish, poultry and bees, the use of land which is ancillary to the farming of land or any other agricultural purposes, but shall not include the use of any land attached to a building for the purposes of a garden to be used along with such building; and "agricultural" shall be construed accordingly;
2. (2) "amenities" includes roads and streets, open spaces, parks, recreational grounds, play-grounds, water and electric supply, street lighting, sewerage, drainage, public works and other utilities services and conveniences;
3. (3) "area of bad lay-out or obsolete development" means an area consisting of land which is badly laid out or of obsolete development, together with other land contiguous or adjacent thereto, which is defined by a development plan as an area of bad layout or obsolete development;
4. (4) "Board" means the Tripura Town and Country Planning Board constituted under this Act;
5. (5) "building operations" includes-
   • (a) erection or re-erection of a building, or any part of it;
   • (b) roofing, re-roofing of any part of a building or open space;
   • (c) any material alteration or an enlargement of any building;
   • (d) any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangement, or materially affect its security;
   • (e) the construction of a door opening on any street or land not belonging to the owner;
6. (6) "commerce" means carrying on any trade, business or profession, sale or exchange of goods of any type whatsoever, and includes the running of, with a view to making profit, hospitals, nursing homes, infirmaries, educational institutions, and also includes hotels, restaurants, boarding houses not attached to any educational institution, sarais; and "commercial" shall be construed accordingly;
7. (7) "commercial use" includes the use of any land or building or part thereof for purposes of commerce as defined or for storage of goods, or as an office, whether attached to industry or otherwise;
8. (8) "court" means a principal civil court of original jurisdiction, and includes any other civil court empowered by the State Government to perform the functions of the court under this Act within the pecuniary and local limits of its jurisdiction;
9. (9) "development", with its grammatical variation means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change, in any building or land, or in the use of any building or land and includes sub-division of any land;
10. (10) "development plan" means outline development plan or comprehensive development plan prepared under this Act;
11. (11) "engineering operations" include the formation of laying out of means of access to a road or the laying out of means of water supply;
12. (12) "industry" includes the carrying of any manufacturing process as defined in the Factories Act, 1948; and "industrial" shall be construed accordingly;
13. (13) "industrial use" includes the use of any land or building or part thereof for purposes of industry as defined;
14. (14) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
15. (15) "local authority" means a municipal Corporation or Committee, or board or district board or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund or which is permitted by the Government to exercise the powers of a local authority, and includes a town improvement trust; and a local authority is a "local authority concerned" if any land within its local limits falls in the area of a plan prepared or to be prepared under this Act;
16. (16) "local newspaper" means any newspaper published or circulated within the local planning area;
    • (a) a tenant;
    • (b) an owner in occupation of, or otherwise using his land;
    • (c) a rent free tenant of any land;
    • (d) a licensee in occupation of any land; and
    • (e) any person who is liable to pay to the owner damages for the use and occupation of any land;
17. (18) "owner" includes a mortgagee in possession, a person who for the time being is receiving or is entitled to receive, or has received, the rent or premium for any land whether on his own account or on account of or on behalf or for the benefit of, any other person or as an agent, trustee guardian, or receiver for any other person or for any religious or charitable institution, or who would so receive the rent or premium or be entitled to receive the rent or premium if the land were let to tenant; and includes the Head of a Government department, General Manager of a Railway, the Secretary or other principal Officer of a local authority, statutory authority or company, in respect of properties under their respective control;
18. (19) "planning area" means any area declared to be a local planning area under this Act;
19. (20) "planning authority" means any local planning authority constituted under this Act;
20. (21) "prescribed" means prescribed by rules or regulations made under this Act;
21. (22) "public place" means any place or building which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not, and whether the entry is regulated by any charge or not;
22. (23) "re-allocation of population" means, in relation to an area of bad layout or obsolete development or a slum area, the making available, in that area or elsewhere, of accommodation, for residential purposes or for carrying on business or other activities, together with amenities, to persons living or carrying on business or other activities, in the said area who have to be so accommodated so that the said area may be properly planned;
23. (24) "regulation" means a regulation made under this Act by the planning authority and includes zoning and other regulations made as a part of a development plan;
24. (25) "residence" includes the use for human habitation of any land or building or part thereof including gardens, ground, garages, stables and out-houses, if any, appertaining to such building and "residential" shall be construed accordingly;
25. (26) "rules" means rules made under this Act by the State Government; and
26. (27) "slum area" means any predominantly residential area where the dwellings which by reason of dilapidation, over-crowding, faulty arrangement of design, lack of ventilation, light or sanitary facilities or any combination of these factors, are detrimental to safety, health or morals and which is defined by a development plan as a slum area.
27. (28) Words and expressions not defined in this Act have the same meaning as in the Bengal Municipal Act, 1932, as extended to Tripura.

1. (1) As soon as may be, after the commencement of this Act the State Government shall, by notification in the Official Gazette, constitute and appoint for the purpose of carrying out the functions assigned to it under this Act, a Board to be called the Tripura Town and Country Planning Board.
2. (2) The Board shall consist of a Chairman and not less than four, and not more than fourteen other members appointed by the State Government, of which at least one shall be a member of the Legislative Assembly; and the State Government may, if it thinks fit, appoint one of the members as Vice-Chairman of the Board.
3. (3) As soon as may be, after the commencement of this Act, the State Government shall, by notification in the Official Gazette, appoint, for the purpose of carrying out the functions assigned to it under this Act, a town and country planner, to be called the Chief Town Planner, to the State Government.
4. (4) The Chief Town Planner to the State Government shall be ex-officio Member-Secretary to the Board.

1. (1) Subject to the provisions of this Act, and the rules framed thereunder, the functions of the Board shall be to guide, direct and assist the planning authorities, to advise the State Government in matters relating to the planning, development and use of rural and urban land in the State of Tripura, and to perform such other functions as the State Government may, from time to time, assign to the Board.
2. (2) In particular and without prejudice to the generality of the foregoing provisions, the Board may, and shall, if required by the State Government -
   • (a) prepare and supervise the master plan;
   • (b) give general supervision and guidance for the implementation of the projects;
   • (c) direct the preparation of development plans by local planning authorities;
   • (d) undertake, assist and encourage the collection, maintenance and publication of statistics, bulletins and monographs on planning and its methodology;
   • (e) prepare and furnish reports relating to the working of this Act;
   • (f) undertake, assist and advise on the co-ordination in the planning and implementation of physical development programmes;
   • (g) perform any other function which is supplemental, incidental or consequential to any of the functions aforesaid or which may be prescribed.
3. (3) The Board may exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this Act.

1. (1) the term of office and conditions of service of the chairman and other members of the Board shall be such as may be prescribed by rules ; and they shall be entitled to receive such salaries or allowances or both as may be fixed by the State Government.
2. (2) The State Government may if it thinks fit, terminate the appointment of chairman or any members of the Board at any time.
3. (3) The chairman or any member may resign his membership of the Board by giving notice in writing to the State Government, he shall cease to be a member of the Board.
4. (4) Any vacancy, so created, shall be filled by fresh appointment by the State Government.

1. (1) The Board shall meet at such times and places and shall subject to the provisions of sub-sections
2. (2) and (3). observe the procedure as may be prescribed in regard to the transaction of its business at such meeting.
3. (2) The chairman or in his absence the vice chairman, if any, or in the absence of the chairman and of the vice-chairman, any member chosen by the members from amongst themselves, shall preside at a meeting of the Board.
4. (3) All questions, at a meeting of the Board, shall be decided by a majority of the votes of the members present and voting and in the case of equality of votes, the person presiding shall have a second or casting vote.
5. (4) Minutes shall be kept of the names of the members present and of the proceedings at each meeting in a book to be kept for this purpose, which shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection by any member during office hours.

1. (1) The State Government may, by notification, declare any area in the State of Tripura to be a planning area for the purposes of this Act, and on such declaration this Act shall apply to such area : Provided that no military cantonment or part of a military cantonment shall be included in any such area.
2. (2) Every such notification shall define the limits of the area to which it relates.
3. (3) The State Government may, after consultation with the Board, amalgamate two or more planning area into one planning area, sub-divide a planning area into different planning areas, and include such divided area in any other planning area.
4. (4) The State Government may, by notification, direct that all or any of the rules, regulations, order, direction and power respectively made, issued, conferred and in force in any other planning area at the time, with such exceptions and adaptations and modifications as may be considered necessary by the State Government, shall apply to the area declared as, amalgamated with or included in, a planning area under this section and such rules, regulation, bye-laws, orders, direction and power shall forthwith apply to such planning area without further publication.
5. (5) When planning areas are amalgamated or sub-divided, such sub-divided areas are included in other planning areas, the State Government shall, after consulting the Board and the planning authority or authorities concern, frame a scheme determining what portion of the balance of the fund of the planning authority shall vest in the planning authority or authorities concerned and in what manner the properties and liabilities of the planning authority or authorities shal be apportioned amongst them and on the scheme being notified, the fund, property and liabilities shall vest and be apportioned accordingly.

1. (1) The State Government may, be notification in the Official Gazette, withdraw from the operation of this Act the whole or a part of any planning area declared thereunder.
2. (2) When a notification is issued under this section in respect of any planning area--
   • (a) this Act and all notification, rules, regulation, orders direction and powers repectively issued, made or conferred under this Act shall cease to apply to the said area ;
   • (b) the State Government shall, after consulting the Board and the local authority or authorities concerned, frame a scheme determining what portion of the balance of the fund of the planning authority shall vest in the State Government and the local authority or authorities concerned and in what manner the properties and liabilities of the planning authority shall be apportioned between the State Government and the local authority or authorities and on the scheme being notified the fund, property and liabilities of the planning authority shall vest and be apportioned accordingly.

1. (1) As soon as may be, after declaration of a planning area, the State Government, in consultation with the Board, shall, by notification in the Official Gazette, constitute for the purposes of the performance of the functions assigned to it, an authority to be called the planning authority of that area, having jurisdiction over that area.
2. (2) Every planning authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, held and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued.
3. (3) Every planning authority except those constituted under sub-section
4. (5) shall consist of the following members:-
   • (a) a chairman ;
   • (b) a town planning officer who shall be member-secretary to the planning authority ;
   • (c) representatives of local bodies composed as below :
     • (i) in the case of a planning area having only one local body within its jurisdiction, a representative nominated by that local body and the chief executive officer of that local body;
     • (ii) in the case of a planning area having two or more local bodies within its jurisdiction, five representatives of such local bodies as the State Government may consider necessary to be represented, nominated by the concerned local bodies, provided that the total number of such representatives does not exceed five;
   • (d) three other members, to be appointed by the State Government.
5. (4) The State Government may, if it thinks fit, appoint one of the members as vice-chairman of the planning authority.
6. (5) The State Government may, in consultation with the Board, appoint a local authority as the planning authority for the area of that local authority and for such other contiguous or adjacent or areas as the State Government may declare as the planning area under section 7.
7. (6) In case where a local authority is appointed as a planning authority the provisions of sub-section
8. (3) of section 9, section 10, section 12, section 14 shall not apply but the provisions of this Act under which the local authority is constituted shall continue to apply to in respect of matters covered by these sections.
9. (7) The local authority for the purpose of performing the functions of a planning authority specified under this Act shall set up a planning committee composed as under -
   • (a) a chairman ;
   • (b) a town planning officer, who shall also be the member-secretary to the committee ;
   • (c) five other members two of whom shall be appointed by the State Government.
10. (8) Such a committee appointed by the local authority shall have all the powers, responsibilities and status as are given to a standing committee appointed under this Act under which the local authority is set up.

1. (1) The term of office and conditions of service of the chairman and members of the planning authorities shall be such as may be prescribed by the rules and they shall be entitled to receive such salaries or allowances as may be fixed by the State Government.
2. (2) Members of planning authorities, except those nominated by local bodies as provided in clause
   • (c) of sub-section
3. (3) of section 9, shall hold office at the pleasure of the State Government.
4. (3) The chairman or any member except those nominated by the local bodies as provided in clause
   • (c) of sub-section
5. (3) of section 9 may resign his membership of the planning authority by giving notice in writing to the State Government and on such resignation being accepted he shall cease to be a member of that planning authority.
6. (4) Any vacancies created in respect of clauses (a),
   • (b) and
   • (d) of sub-section
7. (3) of section 9 shall be filled by fresh appointment by the State Government.
8. (5) Representatives of local bodies shall, subject to the provisions of sub-section
9. (3) of section 9, be filled by fresh appointment by the State Government.

Subject to the provisions of this Act, the rules framed thereunder and any directions which the State Government may give, the functions of every planning authority shall be, and it shall have power to -

1. (a) prepare and execute a master-plan ;
2. (b) prepare a present Land Use Map ;
3. (c) prepare an Outline Development Plan ;
4. (d) prepare a Comprehensive Development Plan ;
5. (e) Prescribe uses of land within its area ; and for these purposes it may carry out or cause to be carried out surveys of its planning area and to prepare report or reports on such surveys : and to perform any other function which is supplemental, incidental or consequential to any of the functions aforesaid or which may be prescribed.

1. (1) Each planning authority shall meet at such times and places and shall, subject to the provisions of sub-sections
2. (2) and (3), observe such procedure in regard to the transaction of business at its meetings as may be prescribed by regulations.
3. (2) The chairman, or in his absence, the vice-chairman if any, or in the absence of the chairman and of the vice-chairman, any member chosen by the members from amongst themselves, shall preside at a meeting of the planning authority.
4. (3) All questions at a meeting of the planning authority shall be decided by a majority of the votes of the members present and voting, and in the case of an equality of votes, the person presiding shall have a second or casting vote.
5. (4) Minutes shall be kept of the names of the members present and of the proceedings at each meeting in a book to be kept for this purpose, which shall be singned at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection by any member during office hours.

1. (1) The planning authority may associate with itself in such manner and for such purposes as may be prescribed by rules any person whose assistance or advice it may desire in performing any of its functions under this Act.
2. (2) Any person associated with the planning authority under sub-section
3. (1) for any purpose shall have a right to take part in the discussions of the planning authority relevant to that purpose but shall not have a right to vote at a meeting and shall not be member for any other purpose.

1. (1) Subject to such control and restrictions as may be prescribed by rules, a planning authority may appoint such number of officers and employees as may be necessary for the efficient performance of its functions and may determine their designations and grades.
2. (2) The officers and employees of the planning authority shall be entitled to receive such salaries and allowances, if any, as may be fixed by the planning authority and shall be governed by such terms and conditions of service as may be determined by rules and regulations made in this behalf.

As soon as may be, after its constitution every planning authority shall, not later than six months after its constitution or within such time as the State Government may, from time to time extend, prepare a Present Land Use Map and a Land Use Register (hereinafter called the Map and the Register respectively) in the form to be prescribed indicating the present use of every piece of land in the planning area.

1. (1) After the preparation of the Map, the planning authority shall publish a public notice of the preparation of the Map and the Register and of the place or places where copies of the same may be inspected, inviting objections in writing from any person with respect to the Map and the Register within 30 days of the publication of such notice : Provided that if a local authority has been declared as a planning authority for any area and it has prepared a map or a register or both of the area before the application of this Act to that area, the map or the register already prepared shall be deemed to be a Map and Register under section 15.
2. (2) After the expiry of the period mentioned in sub-section
3. (1) the town planning officer of the planning authority or a committee appointed by the planning authority for the purpose shall, after allowing a reasonable opportunity of being heard to all persons who have filed the objections, make a report to the planning authority.
4. (3) The planning authority shall consider the report as submitted under sub-section
5. (2) and may make such modification in the Map or the Register or both as it considers proper and adopt the Map and the Register by resolution.
6. (4) As soon as may be, after the adoption of the Map and the Register, the planning authority shall publish a public notice of the Adoption of the Map and the Register and the place or places where the copies of the same may be inspected and shall submit copies of the Map and the Register to the Board and the State Government.
7. (5) A copy of such public notice shall also be published in the Official Gazette. The publication of the copy of the public notice in the Official Gazette in respect of the Map and the Register shall be conclusive evidence that the Map and the Register have been duly prepared and adopted.

1. (1) Where by virtue of the foregoing provisions of this Chapter a Map and a Register are to be prepared, then -
   • (a) if within the period prescribed or within such period which the State Government has extended, no Map or Register has been prepared, or
   • (b) if at any time the State Government is satisfied that the planning authority is not taking steps necessary to prepare such a Map or a Register within that period, the State Government may direct the Chief Town Planner to prepare the Map and the Register.
2. (2) After preparation of the Map and the Register the Chief Town Planner shall submit the same to the Board, and the Board shall follow the procedure and exercise the powers of the planning authority under section 16.
3. (3) Any expenses incurred under this section in connection with the making of the Map and the Register with respect to the area of a planning authority shall be paid by the planning authority.

1. (1) As soon as many be, after the declaration of a planning area the planning authority shall, not later than one year after such declaration or within such time as the State Government may, from time to time, extend, prepare, after consultation with the local authorities concerned, if any, and submit to the Board and the State Government, a plan (hereinafter called the Outline Development Plan) for the planning area or any of its parts and such other area or areas contiguous or adjacent to the planning area as the State Government may direct to be included in the Outline Development Plan.
2. (2) The Outline Development Plan shall -
   • (a) indicate broadly the manner in which the planning authority proposes that land in such area should be used ;
   • (b) allocate areas or zones of land for use -
     • (i) for residential, commercial, industrial and agricultural purposes,
     • (ii) for public and semi-public open spaces, parks and playgrounds.
     • (iii) for such other purposes as the planning authority may think fit ;
   • (c) indicate, define and provide -
     • (i) for existing and proposed highways, arterial roads, ring roads, and major streets under the State Government or local body concerned ;
     • (ii) for existing and proposed other lines of communication, including railways, tramways, airports canals ;
   • (d) include regulations (hereinafter called the Zoning regulations) to regulate within each Zone the location, height, number of storeys and size of buildings and other structures, the size of yards, courts and other open spaces, and the use of buildings, structures and land.
3. (3) The Outline Development Plan may indicate, define and provide for -
   • (a) the existing and proposed public and semi-public buildings, and
   • (b) all or any of the purposes and matters as may be indicated, define and provided for in the Comprehensive Development Plan under section 19.
4. (4) Subject to the provisions of the rules made under this Act for regulating the form and contents of the Outline Development Plan any such plan shall include such maps and such descriptive matters as may be necessary to explain and illustrate the proposals in the Outline Development Plan.

1. (1) As soon as may be, after the declaration of a planning area, the planning authority shall, bur not later than three years after such declaration or within such time as the State Government may, from time to time, extend, prepare after consultation with the local authorities concerned, if any, and submit to the Board and the Statc Govemn~ent a plan (hereinafter called the Cornprchensive Development Plan) ior [he planning area or any of its parts and such other area or areas contiguous or adjacent to the planning area as thc State Government may direct to bc included in thc Coinprehensive Dcvelopmenr Plan.
2. (2) The Comprehensive Development Plan shall -
   • (a) indicale, define and provide for all the matters that have to be or. may be indicated, defined and provided for in the Ourline Development Plan with such modifications as the planning authority deems fit ;
   • (b) indicate, define and provide for -
     • (i) areas reserved for agricul ture. public and sernipu bl ic open spaces, parks, playgrounds, gardens and other recreational uses, green belts and nature reserves ;
     • (ii) comprehensive land allocation of areas or zones for residential, commercial, industrial, agricultural, and other purposes ;
     • (iii) coinplele road and street patrern and trafPic circulation pattern for present and ruture requircmcnts ;
     • (iv) major roxl and strcct impl.ovemenls ;
     • (v) area reservcd for public buildings and institutions and for new civic dcvelopment ;
     • (vi) areas for lulure development and expansion, and areas for new housing ;
     • (vii) a rne~i i tics, scl-vices and utilities ;
     • (viii) all such miltters as may be prescribed by thc rulcs or may bc directed by [he Staw Government or the Board to be indicated, defined. and provided for ;
   • (c) include thc zor~irlg reylacions to regulate within cach zone the location, hcight, number or sloreys and size and number of builtlings and other struct~~r.es, the size of yards, courts. anrl other open spaces and [he use of buildings and othcr- open spaccs and the use of buildings, str-ucturcs and land ;
   • (d) indicatc the slages by which thc plan l~roposals iu-e pl-oposerl to be can-icd out, togetl~el- with financial i ~nplication or each stage.
3. (3) The Comprehensive Development Plan may -
   • (a) indicare, definc and p1-ovirle lor -
     • (i) all such ~nattcl-s including planning standat-ds, gross and new designs and guiding principles as thc plilnning nuthori ty ]?lay consider expcdicnt to bc indicated, defined iind provided for ill lhc dcvelopment plans ;
     • (ii) detailed clevclopt~~ent of specific areas for housing shopping ccntres, indus~rjal areas and civic centl-cs, educational and culrural institutions :
     • (iii) control and archilectural fe'enturcs, clevation and frontage of buildings and stlhuc~u~-es ;
     • (iv) a fivc year development programme within the frame-work of the stngiug referred lo in clause
   • (d) of sub-section
4. (2) ;
   • (b) designate, as lntld subjcct to acqi~isirion for any public pur- POSC, itl~d in particulars, bul ~vithout pr-cjudicc to the genel-r~lity of this provision for thcpurpose of-
     • (i) the Union of India. thc State, local authorities 01. any other au thm-icy established by 1;1w and public utility conccl-ns :
     • (ii) dealing sarisfactoi.ily with the area of bar1 layou1 or obsolete development and slum areas and provision for re-allocation of population ;
     • (iii) the provision of open spiices, parks and playground ;
     • (iv) securing rhe use of rhc land in lhe rnanner speciiied in the dcvclopmcn t plan ;
     • (v) any of the matters as are referred to in sub-section (2).
5. (4) Subject tn the provisions oP rhe rules nladc undcl- this Act for regulati~~g thc form and contetl ts of the Comprehensive Dc\rclopinent PI an, any such pla~~ sh;lll include such maps and such dcscl-iptivc matters as may be necessary to c.upl;~iu and illustrate the proposals in thc dcvelopincnt plan.

If any local authority has bccn declared as a planning authority for a pliinning iunen and he local aulhoi-ity has prcpared a developn~enl plan for the pliulnin: area beforc thc application of this Act to ha^ area, the develop~ncnt pliin already prepared may bc deemed to be a development plan under seclion 18 or seclion 19 of this Act.

1. (1) Where, by virtue ofthe ioregoingprovisions of this Act, a dcvclop~nent plan is ro be prepared -
   • (a) il wirhin the period prescribed or within such period which tllc Statc Govct-nmcnt has ex tended, no developn~ent plan has bccn prepared, or
   • (b) if at any time thc State govern men^ is salisfied that thc planning authority is not taking steps necessary to prepare such a development plan within rhar period, the State Government may direct the Chicf Town Planner to prepare the development plan.
2. (2) After preparation or the development pIan, the Chief Town Planner shall subnit the development plan to rhc Board and the Hoard shall follow thc proccdurc and exercise [he powers of the planning authority under sections 22, 23,24 and 25.
3. (3) Any expenses incurred undcr this section in conncction with the prcpa- ration of thc dcvclopmen tplan for the planning area of a planning authority, shall be paid by the planning authority .

1. (1) As soon as may be, after the development plan has been submitted to the Board and the State Governmenr, but nol later than the time prescribed by the rules, the Srate Government may direct the pIanning authority lo make such modifications in the dcvclopment plan as the State government thinks fit and thereupon the planning authority shall make thcsc moditkations .
2. (2) Thc State Government shall, after the modifications, if any, directed by it, havc becn made, give its consent to the publication of a public notice undel- sub-section
   • (I) of section 23, of the preparation oi the developmentn plan to the planning authority.

1. (1) As soon as may be, afccr rhc planning authority has received the consent of the State Government to the publication of the notice under sub-section
2. (2) of section 22, the planning authority shall publish the public notice in the Official Gazette and in one or more locaI newspapers, of the preparation of the development plan and the place or places where copies of the same may be inspected, inviting objections in writing from any person with respect to the dcvclopment plan within such period as may be specified in the notice : Provided that such period shall not be less than two months from the date of pubIication of the notice in the Official Gazette.
3. (2) After the expiry of the perid mentioned in sub-scction
4. (1) he planning authority shall appoint a corn~nittee consisting of d~e Town Planning Officer and not owre rhan two of its other members, to consider the objections tiled under sub-sccljon
   • (I) and reporr on them within such time as the planning authority may fix in this behalf.
5. (3) The committee so appointed shall have power to co-opt any other person, such co-option being subject to thc provision of section 13.
6. (4) Such committee shall aIiow a reasonable opportunity of being heard, LO any person, including represen tarivcs of Government departments or local authoritics who has filed any objcction, and who has madc a request ior being so heard.
7. (5) As soon as may be, after the receipt of the repofl From the committee, bul nor Later rhan the time prescribed by the rulcs, the planning authority shall consider the rcport of the committee and may make such amendments in the development plan as it considers proper, and shall submit the dcvclopment plan, with or without moditications, together with the report of the commitlee, to the Board and to the State Government.

As soon as may be, after the submission of the development plan, but not later than rhe ti mc prescribed by the rules, the State Governmenl after consulting the Board, may, cither approve the development plan or may approve it with such modifications, as it may consider necessary, or may return the development plan to the planning authority to modify the plan or to prepare a fresh plan in accordance with such directions as the Stale Government may issue in this bchalf .

Coming into operation of the development plan.

1. (1) Immediately after the devclopmen~ plan has been approved by [he State Government, the planning authority shall publish a public notice in the Official Gazette and in a local newspaper, of the approval of the development plan and the place or places where copies of the development plan may be inspected .
2. (2) From the date oC publication of the aforesaid notice in the Official Gazette the development plan shall come into operation .
3. (3) After the coming into operation of the Comprehensive Development Plan, the Outline Development Plan shall stand modified or a1 tcrcd to the extent thc proposals in the Comprehensive Development Plan are at variance with the Outline Development Plan.
4. (4) A tlevefopment plan shall not, either before or after it has been approved, be questioner1 in any manner in an)! legal proceedings whatsocver

1. (1) At any time after the date on which the development plan for an area comes into operation, and at least once in every ten years after that date the planning authority shall, after carrying out such fresh surveys as may be considered necessary or directed by the Board and the State Government, prepare after consultation with the local authorities concerned, if any, and submit to the Board and the State Government, a development plan for any alteration or additions considered necessary by the planning authority to the development plan in operation.
2. (2) The provisions of sections 23, 24 and 25 with such modifications as may be necessary shall apply to such a development plan.
3. (3) At any time after the date on which the development plan for an area comes into operation, the planning authority may, with the prior approval of the State Government, make such minor changes in the development plan as may be necessitated by typographical and cartographical errors and omissions, details of proposals not fully indicated in the plan or changes arising out of the implementation of the proposals in the development plan, Provided that -
   • (a) all such changes are in the public interest, and
   • (b) all such changes are notified to the public.

If the State Government is satisfied that a grave emergency exists which necessitates the suspension of any development plan or part of any development plan, it may, by a notification in the Official Gazette, suspend any development plan or any part of it.

After the coming into operation of any development plan in any area, no person shall use or permit to be used any land or carry out any development in that area otherwise than in conformity with such development plan: Provided that the planning authority may allow the continuance, for a period not exceeding ten years, of the use, upon such terms and conditions as may be prescribed by the regulations made in this behalf, of any land for the purpose and to the extent, for and to which it is being used on the date on which such development plan came into operation.

1. (1) After the application of this Act to any area and subject to the provisions relating to the development charge and other provisions of this Act, no development, institution of change of use, of any land shall be undertaken or carried out in that area -
   • (a) without obtaining a certificate from the planning authority certifying that the development charge as leviable under this Act has been paid or that no such development charge is leviable; and
   • (b) without obtaining the permission in writing as provided for hereinafter: Provided that no such permission shall be necessary -
   • (a) for carrying out such works for the maintenance, improvement or other alteration of any building, which affect only the interior of the building or which do not materially affect the external appearance of the building;
   • (b) for the carrying out by the Central or the State Government or any local authority of any works required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street;
   • (c) for the carrying out by the Central or the State Government or any local authority of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose;
   • (d) for the excavations (including wells) made in the ordinary course of agricultural operations;
   • (e) for the construction of unmetalled road intended to give access to land solely for agricultural purposes;
   • (f) for normal use of land which has been used temporarily for other purposes;
   • (g) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land in that other purpose on occasions;
   • (h) for use, for any purpose incidental to the use of a building for human habitation, of any other building or land attached to such building. (3)
   • (a) Any person or body (excluding a department of the Central or the State Government or a local authority) intending to carry out any development on any land shall make an application in writing to the planning authority for permission in such form and containing such particulars and accompanied by such documents and plans as may be prescribed by the rules or the regulations: Provided that in the case of department of the Central or the State Government or a local authority (where the local authority is not also the planning authority) intending to carry out any development on any land, the concerned department or authority, as the case may be, shall notify in writing to the planning authority of its intention to do so, giving full particulars thereof and accompanied by such documents and plans as may be prescribed by the State Government from time to time, at least, one month prior to the undertaking of such development; where a planning authority has raised any objection in respect of the conformity of the proposed development either to any development plan under preparation, or to any of the building bye-laws in force at the time, or due to any other material consideration, under sub-section
2. (4) the department or the authority, as the case may be, shall -
   • (i) either make necessary modifications in the proposals for development to meet the objections raised by the planning authority, or
   • (ii) submit the proposals for development together with the objections raised by the planning authority to the State Government for decision and when proposals and objections have been so submitted, no development shall be undertaken until the State Government has finally decided on the matter.
   • (b) The State Government on receipt of the proposals for development together with the objections of the planning authority, shall, in consultation with the Chief Planner, either approve the proposals with or without modifications or direct the concerned Department or local authority as the case may be, to make such modifications in the proposals as they considered necessary in the circumstances. The provision of sub-section
3. (3) shall not apply in this case: Provided that in the case of non operational constructions by any department of the Government of India, the State Government on receipt of the application would intimate their decision within 21 days from the date of receipt of application to the concerned department of the Government of India and in the absence of any objection being raised within that period, department of the Government of India concerned may presume that the State Government are agreeable to their proposals.
4. (3) On such application having been duly made, and on payment of the development charge as may be assessed under Chapter VIII -
   • (a) the planning authority may pass an order -
     • (i) granting permission unconditionally; or
     • (ii) granting permission subject to such conditions as it may think fit: or
     • (iii) refusing permission;
   • (b) without prejudice to the generality of the foregoing clause, the planning authority may impose conditions -
     • (i) to the effect that the permission granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous condition or the use of the land permitted shall be discontinued;
     • (ii) for regulating the development or use of any other land under the control of the applicant or for the carrying out of works on any such land as may appear to the planning authority expedient for the purpose of the permitted development.
5. (4) The planning authority in dealing with the applications for permission shall have regard to -
   • (a) the provisions of the development plan, as it has come into operation;
   • (b) the proposals or provisions which it thinks are likely to be made in any development plan under preparation; or to be prepared; and
   • (c) any other material consideration.
6. (5) When permission is granted subject to conditions or is refused, the grounds of imposing such conditions or such refusal shall be recorded in the order.
7. (6) Any such order shall be communicated to the applicant in the manner prescribed by regulations.
8. (7) The planning authority may, by a resolution, delegate any of its functions and powers under this section to -
   • (a) any local authority,
   • (b) any officer of the State Government with the previous approval of the State Government for such delegation, or
   • (c) any officer of the planning authority or local authority as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.

1. (1) Any applicant aggrieved by an order passed under the last foregoing section, or if no order is passed under sub-section
2. (3) of the last forgoing section, may appeal, within one month of the communication of that order to him, or after the expiry of the period of three months from the date of submitting the application in the manner and accompanied by such fees as may be prescribed by the rules, to the Board.
3. (2) The Board, after receiving the appeal. may give a reasonable opportunity to the appellant and the planning authority to be heard or it may cause the Chief Town Planner, or any other person appointed by him in this behalf, to give a reasonable opportunity to the appellant and the planning authority concerned to be heard and to submit thereafter his report on the appeal to the Board.
4. (3) After hearing the appellant and the planning authority concerned or after considering the aforesaid report the Board may pass an order dismissing the appeal or allowing the appeal, while allowing the appeal the Board may pass an order by -
   • (a) granting permission unconditionally ; or
   • (b) granting permission subject to such conditions as it may think fit ; or
   • (c) removing the conditions subject to which permission has been granted and imposing other conditions, if any, as it may think fit.
5. (4) The Board may, by a resolution, delegate any of its funtions and powers under this section to the Chief Town Planner, in such cases and subject to such conditions, if any, as may be specified therein.

Every permission for any development granted under this Act shall remain in force for three years only from the date of such permission :

Provided that the planning authority may, on application made in this behalf before the expiry of the aforesaid period, extend such period, for such time as it may think proper ; but such extended period shall in no case exceed three years :

Power of revocation and modification of permission to develop

1. (1) If it appears to a planning authority that it is expedient, having regard to the development plan, prepared, under preparation or to be prepared and to any other material considerations, that any permission to develop land granted under this Act or any other law should be revoked or modified the planning authority may, by an order, revoke or modify the permission to such extent as appears to it to be necessary : Provided that -
   • (a) where the permission relates to the carrying out of building or other operations, no such order -
     • (i) shall affect such of the operations as have been previously carried out ;
     • (ii) shall be passed after these operations have been completed ;
   • (b) where permission relates to a change of use of land, no such order shall be passed at any time after the change has taken place.
2. (2) When permission is revoked or modified by an order made under the last foregoing sub-section, if the owner claims from the planning authority, within the time and in the manner prescribed, compensation for the expenditure incurred in carrying out the works after the grant of permission and in accordance with such permission, which had been rendered abortive by the revocation or modification, the planning authority shall, after giving the owner reasonable opportunity of being heard by the Town Planning Officer, and after considering the Town planning Officer's report, assess and offer such compensation to the owner as it thinks fit.
3. (3) If the owner does not accept the compensation and gives notice, within such time as may be prescribed, of his refusal to accept, the planning authority shall refer the matter for the adjudication of the court and the decision of the court shall be final and binding on the owner and the planning authority.

1. (1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development, institutes, or changes any use of any land -
   • (a) in contravention of any development plan ;
   • (b) without obtaining a certificate regarding development charges under clause
   • (a) of sub-section
2. (1) of section 29 ;
   • (c) without permission as required under this Act ;
   • (d) in contravention of any condition subject to which such permission has been granted ;
   • (e) after the permission for development has been revoked under section 32 : or
   • (f) in contravention of the permission which has been modified under section 32 : shall be punishable with a fine which may extend to ten thousand rupees, and in the case of a continuing offence with a further fine which may extend to five hundred rupees for every day during which the offence continues after conviction for the first commission of the offence.
3. (2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a development plan without having been allowed under section 28, or where the continuance of such has been allowed under that section, continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall be punishable with a fine which may extend to five thousand rupees and in the case of a continuing offence with a further fine which may extend to two hundred and fifty rupees for every day during which such offence continues after conviction for the first commission of the offence.

1. (1) whcre any developncnr oP land has been carried out as described in section 33. thc planning authority may, within four years of such development, serve on the owner a notice requiring him, within such period, being not less ihan one month, as may be specified therein, after the service of the notice, ro take such steps as may be specified in rhc notice -
   • (a) in cascs sepcified in clauses (a), (c), or
   • (e) fhcrcof lo rcs tore the land to its condition before the said develop inent took place ;
   • (b) in cases specified in cl;ause
   • (d) or (0 thereof to secure compliance wilh the conditions or with the permission as tnodified :
   • (c) In cases specified in clause
   • (b) to pay the development charge and such penalty, if any, as may be prescri bcd by the rulcs, and in particular, any such notice may, for [he puipose aforesaid require -
     • (i) thc demolition or alteration of any buildings 01. works :
     • (ii) the carrying OUL on I;lncl, of any building or other operation ; or
     • (iii) [he discontinuance of any use of land : Provided that in the case the nolice required the discontinuance oi any use of land, the plarining authority shall serve a notice on rhe occupier also.
2. (2) Any person aggrieved by such notice may, within the silid period and in the manner prescribed - (;I) apply for permission under seclion 29 of this Act for- the rercntion on the land of any buildings or works or Tor the continuance of any usc of [he land, to which the noicc relates ; or
   • (b) appeal to the Board. (3)
   • (a) The notice shall be of no effect pending the final determi nation or withdrawal of the application or the appeal. (b)
     • (i) The provisions of sections 29 and 30 shall apply muraris mutandis to such an application.
     • (ii) If such permission as afolhesaid is granted on thal application, hc noticc shall not takc affecr, or if such permission is gl-antcd for thc retention only of some buildings or works or for the continugnce of use of only a part of thc land. the nolice shall not rake effect, regal.ding such buildings or works or such parr of thc land. but shall have Cull effect regarding other buildings or wnrks or other parts of the land.
3. (4) On an appeal tnnde ta thc Board utldcr sub-section
4. (2) the Chief Town Planncr or any other person or commirrec appointed by the Board in this bch;lf 511i111, aRcr allowing a reason;blc opportunity of bcing heard LO [he ippellirnl ;111d thc planliin authority concerned, submit a rcport to the Board.
5. (5) Aftcr considering Lhe ahresaid rcport. thc Board niay dismiss the ippei'l 01. allow thc appeal by quashing or varying the uoticc as it may think fil.
6. (6) I1 within the period specified in the norice or wilhin such period at'tcr thc clisposal or withdrawal of the application for permission 01. the appeal under the sub-section
7. (2) the noricc or so riluch of it as continues to have cffect, or rhe norice with val-iation lnadc in appeal, is not complied with, chc plalniig autholily may -
   • (a) prosecute thc owner for not cornplyins with the notice and in the casc where the notice required the discontinuance of any use of land, any other person also who uses [he lotd or causes or pcrmiw the land to be used in contravention of [he uoticc and (b)
     • (i) in he case of a rloticc requiring the demolition or alteration of any building or works or carrying our of any building or other opcrations, itself cause the restoration of the land to its condition bctbrc tlc development took place and secure the compliance wit11 the conditions of the permission as rnodilied, by taking such sleps as thc planning authority may consider necessary including dcmoli tion or alreralion or ally building or works or carrying our of any building or other operalions, and
     • (ii) recover the cost of any expenses incurrcd by planning authority in this behalf Ti-om the owncr as arrears of land revenue.
8. (7) Any person prosecuted under clause
   • (a) of sub-scction
9. (6) shall bc punisliable with a line which may extend to ten rhousand rupees, and in the case of a conlinuing offencc, with a further fine which may extend to five hundred rupees for cvcry day during which sucli offence conlinues after conviction for the fir-st commission of the offence.

1. (1) Where any dcvclopmenl of land as described in section 33 is being carried our but has not been completed, the planning authority inay serve on the owner and the person carrying out the developmeni a iotice requiring rhc dzvelopmznr of land to be discontinuerl from the lime of the service of such notice.
2. (2) Where such notice has been served, the provisions of clause
   • (b) of sub-section (31, sub-section
3. (4) and sub-secrion
4. (5) of section 34 shall apply mutatis mutandis : Provided that provision of clauses
   • (a) of sub-scction
5. (3) of scction 34 shall not aplly and inspi te of the filing of the application for permission for development of an appeal as provided in sub-section
6. (2) of that section the notice shall coniinue to have Pull effect.
7. (3) Any person, who continues to curry out the development of land, whether for hirnself or on behalf of the owner or any other person, aPter such notice has been served, shall be punishable with a finc which may extend to ten lhousand rupces, and when the offence is a con ti nu in onc, with a further fine which may extend to five hundred rupees for cvcry day after the date oi the service of the notice during which the non-compliance has continued or continues.
8. (4) If such notice is no1 complied with forthwith thc planning ;u- thority or such officer of the plilnning authority, who may be authorised in this behalf, may require any police officer to remove such person and all assistance and workmen from the land at any time after the service of such notice and such policc officcr shall conlply with reqisition accordingly.
9. (5) After the requisition under sub-section
10. (4) has been complied with, thc planning authority or such officer of ihe plantling uthority who may bc authorised in this bchalf may, if necessary, depute by zl written order, a police officer or any officer or employec of thc planning authoricy to watch the land in order to ensure rhal [he development is not continucd.
11. (6) Where a police ofticer 01. an officer or employee of rhe planning authority has bee11 depuLed under sub-scction
12. (5) to watch rhc land, the cosl of such dcpuration shall be paid by the person at whose instancc such development is bcing conrilued or lo whom notice under sub-section
13. (1) was given and stiiill hc rccovei-able Tinom such pel-son as arrears of 1;ind revenue.

1. (1) If it appears to a planiing authority that it is expedicnr in the inkrest oC the proper planning of ils arrears (including rhe interest of arneniies) hili ng regard to thc development plan prepared, or under prepamrion, or to be prep;red, and to any otheinmaterial consideration -
   • (a) tha~ iII>y use of land should be discountinued, 01.
   • (b) that any conditions should be irnposcd on thc continuance thcrcof, or
   • (c) [/lilt an building or works should be allered ot. removal the planning nu tlori ty may by notice serve on the owner -
     • (i) r-cquir-e the disconrinuance of tliit use ; or
     • (ii) impose such condition, as may be specified in the norice, on [he continuance thcreof ; or
     • (iii) require such steps, as may be specified in the notice to be taken for- the a1 tcration or removal of any buildings or works, as Lhe case may be, within such pcriod, being not less than one monlh, as may be specified thercin, aftcr the service of the notice.
2. (2) Any person aggrcived by suchy notice, may within the said period and in the manner prescribed, appeal to the Board.
3. (3) IF any appeal is filed uridcr the last foregoing sub-section, the provisions of clause
   • (a) uP sub-section (3), sub-scction
4. (4) and
5. (5) of seclion 34 shall apply rnutatis mulandis.

Where a planning authority, in the exercise of its functions and power with respect to any area under it, is required to have regard to the provisions of a dcvelopment plan before such development plan has become operative, the planning aurhority shall have regard to the provisions which in its opinion will be required to be included for securing the proper planning of the concerned area.

1. (1) Subject to the provisions of this Act, and thc rules undcr it and with rhe previous sanction of lhe State Government, every planning authority shall, by a notification published in the Official Gazette, levy a chnrge (hereinafter called the development charge) on the carrying out of any development or the inslitulion or change of use of land, for which permission is required under Chapter VI of this Act, in the whoIe or any part of the planning area, at rates specified in section 39 : Provided that the rates may be dif'tercnt for different parts of the planning ilren.
2. (2) The charge shall be leviable on any persoi-t who undertakes or carries out such development and instilutes or changes any such use.
3. (3) Notwithstanding anything containcd in sub-sections
4. (1) and (21, no devefopn~eilt charge shall bc levied on developmenr, or insti~ution of, or change of usc, of any land vested in or undcr thc control or possession of the Central Government, the Statc Government 01. any local authority.
5. (4) The Slate Government may, by rules, provide for tl~c cxernption from the levy of development chi~tge of any development, or institution or change of any use of any land specifyed in the rules.

The dcvclopment charge shall not exceed :-

1. (a) for the institu~ion of use -
   • (i) for residence Rs.0.50 per Sq. metre,
   • (ii) for industry Rs. l .OO per Sq. metre,

(i i i) for commeince Ks.2.00 per Sq. mcrre.

1. (b) for change of usc -
   • (i) from agricultural to ihesidence Rs.0.50 per Sq. metre,
   • (ii) from agricul turd to industry Rs. l .OO per Sq. metre,
   • (iv) from residence to industry Rs.2.00 per Sq. metre,
   • (v) fro111 residence to commerce Rs.0.50 per Sq, metre,
   • (vi) fron~ induslry LO residence Rs. 1.50 per Sq. metre,
   • (vii) from industry to conlnlerce Rs.0.50 per Sq, metre,
2. (c) COI. carrying on of development by erection or re-erection of any building or works Rs. 0.10 per cubic metre of the content of such building or works.

1. (1) Any pei-son who intends to carry out nny development or to institute 01- ch;lnge any use of any land for which permission under Chapter VII is ncccssary, whether he l~ns applied Tur such perniissio~l or not, or who has comtnenced the carrying out of any such development or has carried ou~ such dcvclopment 01- institu~ed or changed any such use, shall apply to the planning authority in [he manner prescribed for the assessment of develop~nent charge payable in respect thcrcof.
2. (2) The planning authority shall, on such application being made, or if no such application is made. after serving a notice on the person liable Tor . develop~llen t charge, determine whether or not, and if so, whai developnlenr charge is leviable in respecl of that devclopmcnt or use.
3. (3) Thc Town Planning Officer, shall, alrer giving a reasonable opportunity of being heard to rhe person who has madc an applicaiion under sub-seclion
   • (I) or who has becn scrvcd with a notice under sub-scction (2), make a reporl ro the planni~~g nuthol-ity.
4. (4) Aftel- taking inlo consideration the aforesaid report the planning aulhority shall assess the iirnounr of development charge by an order provided that -
   • (a) where permission under Chapter VII has not been granled forcal~ying our [he said dcvelop~ncnt, the planning aurhoriry rnay postpo~~c thc assessment nf thc dcvclopment charge ;
   • (b) where the application relates LO the carrying out of any development, the planning authority may reiuse to assess the developrne~~t charge payable in respect thereof, unless it is satisfied thal rhe applicant has an in~eresl in rhe lilild suflicienr to enable him to carry out such development, or that rhc applicant is able to obtain such illrerest and that thc applicant will carry out the development within such period as the planning authori~y coilsiders appropriate ;
   • (c) where Lhe applicalion relates to the instilution or change oP any use, Ihe planning authority may refuse to assess the amount of developn-tent chargc in respect thereof unless it is snlisiied thar [he use will bc instituted within such period as [he planning authority considcrs appropriate.
5. (5) Thc planning autl~ol-ity shall deliver or serve a copy of such order on thc applicant or thc pcrson liable for the development charge. (6 Such order or assessment, subject to provisions of section 41 shall be final and shall not be questioned in any Court.

1. (1) If any person, liable for the development charge referred to in section 40 is dissarisfied with thc order of assessment, he may, within such timc and in such manncr ils may be prescribed, appeal to rhe Board.
2. (2) On an appeal made to the Board undcr sub-section
   • (I) the Chief Town Planncr shall aftcr giving reasonable oppol-tunity of being hcard to such pcrson and the planning a11 thori ty concerned make a report to the Board.
3. (3) The Board may, after taking into consideration the aforesaid report. and if it deems necessary, giving a reasonable opporrunity of being hcard to such person and the planning iiuthol-ity concerned, pass such ordcr as it deeins iit.

( 1) If any dcvelopment of land is comrncnced or carried out or any use is instituted or changed without payment of the amount of rhe development charge assessed under the provision of this Chapter, the amount of the development charge, shall subjecl to prior payment of the land rcvcnue, if any, bc a first charge upon the interest of the person so liable in the land on which devclopmcnt has bcen commenced or carried out or the use has hecn instituted or changcd and also in any othcr land in which such person has any interest.

1. (2) The development charge shall be rccovcrable as arrears of land revcnue.

1. (1) Every planning authority shall havc and maintain its own Fund to which shall be credited -
   • (a) all moneys received by the planning authority from the Government by way of grants, loans, advances or otherwise ;
   • (b) all dcvclop~nent charges or other charges or fees received by the planning authority undcr this Act or rules or regulations thereunder ;
   • (c) all moneys reccivcd by the planning authority from any orher source.
2. (2) The Fund shall be applied rowards meeting -
   • (a) the expenditire incurred in che administration of this Act ;
   • (b) the cos~ of acquisition of land in the planning area for purposcs of development ;
   • (c) the espenditurc For any develop~~lent of land in the pln~lning ar-c;i 111id
   • (d) thc cxpcndirtire lor such ocher purposes as the State Government mily tliiqec t.
3. (3) Every planning autllol-ity may keep in current account of the State Bank of India or any othcr bi~tlk approved by the State Government in this bchnlf such sun1 of tnollcy out of its i'i~nds as may be prescribed by [he rules and any moncy in exccss of the said sun1 shall be invested in such manner as may be approved by the State Governmenl.
4. (4) The State Goveinnmenr may makc such grants, advanccs and loilns ~o ii~y planning ai~tho~-ity as ir may decm ncccssar-y for loans and ndvnl~ccs ~nnrle shall be on such terms ancl conditions as thc statc Govcrnmcnt may determine.

Ellcry plan~~ing authority sl-tidl prepare in such form and a1 such time cvc1.y ycar as may hc prcsct-ihed by [he rules. a budget in respeci or the tinallcia1 ycal- ncxt ensuing, showing rhe es~imated I-eceipts and expendirure of thc planning autliol-ity and shall forward LO [he Sme govern men^ and ttic Board such uumber of copies lhereof as may be prescribed by the rules.

1. (1) Every planning authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as the State Government may by rules prescribe.
2. (2) The accounts of every planning authority shall be subject to audit annually by the Accountant General of the State and any expenditure incurred by him in connection with such audit shall be payable by the planning authority to the Accountant General.
3. (3) The Accountant General or any person appointed by him in connection with the audit of accounts of the planning authority shall have the same right, privilege and authority in connection with such audit as the Accountant General has in connection with the Government accounts and in particular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the planning authority.
4. (4) The accounts of every planning authority as certified by the Accountant General or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the State Government and the Board.

1. (1) The Board shall prepare for every year a report on its activities during that year and submit the report to the State Government in such form and on or before such day as may be prescribed by the rules and the Government shall cause a copy of the report to be laid before the State Legislature.
2. (2) Every planning authority shall prepare for every year a report of its activities during that year and submit the report to the State Government and the Board in such form on or before such date as may be prescribed by the rules.

1. (1) Every planning authority shall constitute for the benefit of its whole time paid members and of its officers and other employees, in such manner and subject to such conditions as may be prescribed by the rules, such pension and provident funds as it may deem fit.
2. (2) Where any such pension or provident fund has been constituted, the State Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to such fund as if it were a Government Provident Fund.

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.