Chapter XVII MISCELLANEOUS

Where, in the opinion of the State Government, it is necessary that the amenities provided by the Authority in an area should extended to any land or building situated within the area or within such distance from that area as it may deem expedient, such amenities shall be extended to such land or building and the owner of such land or building shall be liable to pay to the Authority, in the manner prescribed, such development charge therefore as may be fixed by the state Government having regard to the expenses to be incurred for providing such amenities and the benefits to be extended to the land or building.

Every member, officer and other employee of the Authority, the Competent Authority, Appellate Authority, Arbitrator and the Tribunal of Appeal shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860.

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

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Authority or the Competent Authority, as the case may be, or any officer authorized by these Authorities.

(i) All notices, all orders and other documents require by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act of such rule or regulation, be deemed to be duly served; - (a) where the person to be served in a company, if the document is addressed to the Secretary of the said company, at its registered office or at its principal office or place of business and it either – send by registered post, or delivered at registered office or at the principal office or place of business of the said company; (b) where the person to be served is a partnership firm, if the document is addressed to the said partnership firm, at its principal place of business, identifying it by the name or style under which its business is carried on and is either - send by registered post, or delivered at the said place or business; (c) where the document is to be served on a Government Department, Railway, Local Authority, Statutory, Company, Corporation, Society or any 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 company, corporation, society, or body, at its principal branch, local or registered office, as the case may be, and is either – send by registered post; or delivered at the said office;

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

(i) (a) Notwithstanding anything contained in other act or rules in force, the Authority shall be vested with the powers to issue Lay-Out permissions for the notified township projects or Local Planning Areas having total area one acre or more and shall have right to charge appropriate fees from the individuals, developers, firms, agencies, companies etc developing such projects for which the rates shall be notified by the Authority by way of Notifications as and when required. (b) Notwithstanding anything contained in other act or rules in force, the Authority shall also be vested with the powers to issue Building Permission to the structures on such Layouts mentioned in the section 28(ii)(f) in the Local planning areas as per the latest edition of Tripura Building Rules or any other rules or regulations or notifications made under this Act and shall have right to charge appropriate fees from the developers, firms, agencies, companies individuals, departments etc constructing such structures and also to issue occupancy certificates for such structures after completion as per the Tripura building rules. (c) Notwithstanding anything contained in other act or rules, the Authority shall have all the rights to impose fine, stop, prohibit, demolish the structures either completely or in part for which layout permission or building plan permission has not been obtained, deviations have been made to the non-permissible limits, standard norms for disaster prevention measures not followed or standard provisions of national building codes not observed or there is any threat to the safety or security to human life from such structures, following the provisions of the latest edition of Tripura Building Rules or any other rules or regulations or notifications made under this Act in the planning areas. If any fine remains unpaid, it will be recovered as arrears of land revenue. (d) Notwithstanding anything contained in any other acts and rules in force, the powers to issue diversion permissions, layout approval, building plan approval as per provisions of the latest edition of Tripura Building Rules within the Local planning areas notified by the State Government for development by the Authority shall solely vest in the Authority and no District Magistrate or Collector, no any Municipal or Local Body Authority or any other State Government or Officer shall interfere in exercise of such powers. (e) The rates of the fees and procedures of applications for layout permissions, building permissions, diversion permissions given by the Authority as mentioned shall be notified by the Authority from time to time. (f) Notwithstanding anything contained in this Act all the draft Master Plans, Regional Plans, Township Schemes or Township Projects under prepared by the designated Planning Agency and at various stages thereafter shall be placed by the Authority before the Board for recommendation to the State Government for approval. (ii) All permissions, orders, decisions, notices and other documents of the Authority shall be authenticated under the signatures of an officer authorized by the Authority in this behalf.

Nothing in the Registration Act, 1908 shall be deemed to require the registration of any document, plan or map prepared made or sanctioned in connection with a Master Plan or a town development scheme under this Act and all such documents, plans and maps shall, for the purposes of sections 44 and 45 of that Act, be deemed to have been registered in accordance with the provisions of that Act. Provided that copies of documents, plans and maps relating to a sanctioned scheme shall be sent to the sub-register’s office concerned where such copies shall be kept and made accessible to the public in the manner prescribed.

Notwithstanding anything contained in the Indian Evidence Act, 1872, a copy of any receipt application, plan, notice, entry in register, or other document, in the possession of the Authority, if duly certified by the legal keeper thereof or other person authorized by the Authority in this behalf, shall be received as prima facie evidence of the existence of such receipt, application, plan, notice, order entry or document and shall be admitted as evidence of the matters and tractions therein recorded in every case, where and to the same extent as, the original document would, if produced have been admissible to prove such matters.

No member, officer or other employee of the Authority shall, in any proceedings to which the 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 transition recorded therein, unless by order of the court made for special cause.

No suit, prosecution or other legal proceedings shall be against the State Government, the Authority or any of its officers of persons duly appointed or authorized in respect of anything which is in good faith done or intended to be done or purporting to be done under this Act or any rule or regulation made thereunder.

If shall be the duty of every police officer, - (i) to communicate without delay to the proper officer or the employee of the Authority any information which he receives of a design to commit or of the commission of any offence against this Act or any rule or regulation made thereunder, and (ii) to assist the member or any officer or other employee of the Authority in the lawful exercise of any power vested in such member, officer or other employee under this Act or any rule or regulation made thereunder.

(i) A Police Officer, not below the rank of a sub-Inspector, shall arrest any person who commits, in his view, any offence against this Act or any rule or any regulation made thereunder, if the name and address of such person be unknown to him and if such person, on demand, declines to give his name and address or give such name or address which such officer has reaction to believe to be false. (ii) The person so arrested shall, without unavoidable delay be produced before the Judicial Magistrate authorized to try the offence for which the arrest has been made and no person so arrested shall be detained in custody for a period exceeding twenty four hours without any order from the Judicial Magistrate.

(i) Save as otherwise expressly provided in this Act, every order passed or direction issued by the State Government or order passed or notice issued by the authority or the Competent Authority or their officers under this Act shall be final and shall not be questioned in any suit or other legal proceedings. (ii) No civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter the cognizance of which can be taken and disposed to by any authority empowered by this Act or the rules or regulations made thereunder.

(i) The Authority may, by a resolution, authorize that any power exercisable by it under this Act or the rules or regulations made thereunder, except the power to make regulations, may also be exercised by such officers of the Authority or the State Government or a local authority, as may be mentioned therein, in such cases and subject to such conditions, if any as may be specified therein. (ii) The State Government may, by notification, direct that any power exercisable by it under this Act except the power to make rules, may also be exercised as may be mentioned therein by such officers in such cases and subject to such conditions, if any, as may be specified therein. (iii) The Authority may, by order, direct that any power exercisable by it under this Act may also be exercised by such officer as may be mentioned therein in such cases and subject to such conditions, if any, as may be specified therein. (iv) The State Government may, by notification, direct that any power exercisable by Commissioner / Chief Administrator under this Act may be exercised by such officer of the Authority as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.

(i) If in the opinion of the State Government the Authority is not competent to exercise or perform or neglects or falls to exercise or perform any power, any power conferred or duty imposed upon buy it or under any of the provisions of this Act, the state Government or any person appointed in this behalf by the State Government may exercise such power or perform such duty. (ii) Any expenses incurred by the State Government or by the person appointed under sub-section (i) in exercising such power or performing such duty shall be paid out of the fund of the Authority and if the authority falls to pay the expenses, them the State Government may make an order directing any person who, for the time being, has custody of such fund to pay such expenses from such fund, and such person shall be bound to obey such order.

(i) If any difficulty arises in giving effect to the provisions of this Act, or by reason of anything contained in this Act, or in any order enactment for the time being in force, the State Government may, as occasion anises, by order direct that this act, shall during such period as may be specified in the order but not extending (i) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty beyond the expiry of two years from the date of commencement of this Act, have effect subject to such adoption whether by way of modification, addition or omission as it may deem to be necessary and expended. (ii) Every order made under sub-section (i), shall as soon as may be, after it is made, be laid before the State legislative.

(i) Nothing in this Act shall apply to the operational constructions. (ii) Where the State Government is of the opinion that operation of any of the provisions of this Act causes any undue hardship or circumstances exist which render it expedient so to do, it may, subject to such terms and conditions as it may impose, by general or special order, except class of persons or areas, from all or any of the provisions of this Act.

(i) Save as otherwise provided in this Act, the provisions of this Act, the rules and regulations made thereunder, shall have effect notwithstanding anything inconsistent therewith contained in other law for the time being in force. (ii) Notwithstanding anything contained in any 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 not validly undertaken or carried out by reason only of the fact that the permission, approval or sanction required under such other law for such development has not been obtained. (b) when permission for the development has not been obtained under this Act, such development shall not be deemed to be validly undertaken or carried out by reason only of the fact that permission, approval or sanctioned required under this such other law for such development had been obtained.

(i) The State Government may, by notification, make rules for carrying out the purposes of this Act, (iii) Every rule made under this section shall be laid as soon as may be after it is made before the House of the State legislature while it is in section for a total period of fourteen days which may be comprised in one session or in two or more successive session and if, before the expiry of the session in which it is in laid or the successive sessions aforesaid the House agrees in making any modification in the rules or the House agrees that the rule should not be made the rule shall thereafter have effect only in such modified form or to 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.

The Board may make regulations, consistent with this Act and rules made thereunder, to carry out the purposes of this Act, and without prejudice to the generally of this power, the Board may make regulations, - (a) for regulating its procedure and the conduct of the business under section 11; (b) providing for the functions which the Member Secretary of the Board may discharge under section 12; (c) the functions to be assigned by the Board to the Member-Secretary under section 12; (d) providing for any other matter which has to be or may be specified by regulations.

The Authority may make regulations as far as its proper functioning is concerned consistent with this Act, and the rules made thereunder, to carry out the purposes of this Act.