COMPILED BY

DIRECTOR OF TOWN AND COUNTRY PLANNING

GOVERNMENT OF ANDHRA PRADESH
640 - A.C. GUARDS, HYDERABAD

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284458483.doc

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PREAMBLE
CHAPTER-I
PRELIMINARY
1.

Short title, Extent and Commencement.

2.

Definitions.

CHAPTER-II
CONSTITUTION AND INCORPORATION OF THE ANDHRA PRADESH REGIONAL AND
TOWN PLANNING BOARD
3.
4.

Constitution of the Andhra Pradesh Regional & Town Planning Development Board
Powers & Functions of the Town Planning Development Board

5.

Appoint of Director of Town and Country Planning and other Officers

Powers & Functions of the Director of Town & Country Planning
Establishment of Common Town & Country Planning Service

6.
7.
8.
9.

Approval of state perspective plan.

Review and revision of the state perspective plan.
CHAPTER-III
PREPARATION OF A REGIONAL PLAN

10.
11.
12.
13.
14.
15.
16.
17.

Declaration of Planning Region

Contents of Regional Plan and Regional Investment Plan
Preparation of Regional Development Plan and Investment Plan
Submission of Plan to Government for sanction
Sanction of Plan by Government
Variations of Final Regional Development Plan
Revision of Regional Development Plan
Implementation of Regional Development Plan
CHAPTER-IV
PLANNING AND DEVELOPMENT AUTHORITIES AND PLANS FOR
LOCAL PLANNING AREA DEVELOPMENT

18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.

Local Planning Area

Planning and Development Authority
Powers & Function of Planning and Development Authority
Constitution of Standing Planning Committee and appointment of Municipal
Planner
Constitution of Development Integration Committee or the local planning area
Functions of the Municipal Planner
Staff of the Planning and Development Authority
Preparation of perspective plan of local planning area and its contents
An existing plan to be deemed a s perspective plan
Preparation of Development Plan of Local Planning Area and its contents
Approval of perspective plan for local planning area
Approval of development plan of local planning area
Review, revision and preparation of fresh perspective plan of the local planning
area
Review, revision and preparation of fresh development plan of the local
planning area
Provision of development and to prevail
Modification on perspective plan or development plan of local planning area
CHAPTER-V

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SPECIAL AREA PLANNING AND DEVELOPMENT AUTHORITY AND

PLANS FOR SPECIAL AREA DEVELOPMENT
34.
35.

Declaration of Special Area

Special Area Planning and Development Authority

36.

Incorporation of special area Planning and Development Authority

37.

Staff of the special area planning and development authority

Functions of special area planning and development authority
Special area planning and development authority to exercise certain powers of
planning and development authorities.
Fund of the special area planning and development authority
Application of Chapter - XII
CHAPTER-VI

38.
39.
40.
41.

CONTROL OF DEVELOPMENT AND USE OF LAND

42.

Use and development of land to be in conformity and the development plan.

Development scheme or land pooling scheme

43.

Prohibition of development
Permission fro development

44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.

Appeal against refusal or conditional grant of permission.

Lapse of permission.
Obligation to acquire land on refusal of or on grant of permission contain cases.
Power of revocation modification or of permission to develop.
Penalty for unauthorized development or for use otherwise than in confonnity with
the development plan or development scheme or land pooling scheme.
Power to require removal of un authorized development.
Power to stop unauthorized development.
Removal or discontinuance of un authorized temporary development summarily.
Power to require removal of authorized development or use of land.
Interim provision pending preparation of plan.
Planning and development authority to include special area planning and
development authority.
Over-riding effect of this Act.
CHAPTER - VII
DEVELOPMENT SCHEMES

57.
58.
59.
60.
61.
62.

Power of the Planning and development authority to take up development schemes.

Preparation of development schemes.
Power of the planning and development authority to engage consultants
Publication oft he development scheme and its approval.
Power of planning and development authority to set up functional agencies.
Auction of Floor Area Ratio
CHAPTER-VIII
LAND POOLING SCHEMES

63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
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Power of planning and development authority to prepare Land Pooling Schemes.

Contents of land pooling scheme.
Reconstitution of original plots into final plots.
Declaration of intention to prepare land pooling scheme.
Engagement of Town Planning Officerr.
Preparation of land pooling scheme.
Publication of the draft pooling scheme.
Consideration of objections and submission of final land pooling scheme to
government for approval.
Approval of government and date of commencement of the land pooling scheme.
Appeal.
Effect of Land Pooling Scheme.
Constitution of Tribunal for Land Pooling Scheme.
Place where Tribunal for land pooling scheme may sit.
Decision on questions of law and other questions.
Tribunal for land pooling scheme not to be court.
Remuneration of Assessors and payment of incidental expenses of Tribunal for land
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79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.

pooling scheme.
Disputed ownership.
Restrictions on use and development of land after declaration of intention to prepare
a land pooling scheme.
Withdrawal of land pooling scheme by the planning and development authority.
Power of planning and development authority to evict summarily.
Power to enforce land pooling scheme.
Power to make minor variations in land pooling scheme on ground of error,
irregularity or informality.
Power to vary land pooling scheme.
Apportionment of cost of land pooling scheme withdrawn.
Cost of land pooling scheme.
Contribution towards cost of land pooling scheme.
Compensation in respect of property or right injuriously affected by land pooling
scheme.
Exclusion or limitation of compensation in certain cases.
Provision for cases in which the owner is not provided with a plot in the final land
pooling scheme.
Payment of net amount due to planning and development authority.
Power of planning and development authority to make agreement in respect of a
land pooling scheme.
Recovery of arrears,
Execution of works in the land pooling scheme by planning and development
authority.
CHAPTER-IX
PRIVATE AND JOINT SECTOR PARTICIPATION IN DEVELOPMENT

96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107

Development works by promoters.

Power to grant licence to promoters
Application for grant of licence.
Additional provisions where cost of development work is to be realised in advance.
Provisions for economically weaker sections.
Recovery of capital or maintenance cost of amenities.
Private sector land pooling scheme by Association of Original Plot Owners.
Submission of private sector land pooling scheme to the planning and development
authority.
Approval of private sector land pooling scheme by government.
Development works in joint-sector.
Rules for regulating development by private and joint sector.
Reference to Arbitrator incase of disputes.
CHAPTER-X
ACQUISITION, ASSEMBLY AND DISPOSAL OF LAND

108.
109.
110.
111.
112.
113.
114.
115.

Power to acquire land, under the Land Acquisition Act, 1894.

Special provision for invocation of section 4 of Local Acquisition Act, 1894 in certain
cases.
Acquisition of property by planning and development authority.
Transfer of government land to the Planning and Development Authority.
Acquisition of land by way of Negotiated Settlement.
Acquisition of land by way of according Transferable Development Right.
Acquisition of land and built space by way of Accommodation Reservation.
Disposal of land and other property by the planning and development authority
CHAPTER -XI
LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENTAL CHARGES

116.
117.
118.

Levy of Developmental Charges.

Assessment of developmental charges.
Tribunal for Developmental Charges.
CHAPTER - XII
FINANCE, ACCOUNTS AND AUDIT

119.
120.
121.
122.

Fund of the planning and development authority and its application.

Fund of the Board,
Budget.
Accounts and Audit.

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123.
124.
125.
126.
127.
128.
129.

Increase in duty on certain transfer of immovable property

Charges for using agricultural land for building purposes
Contribution by the planning and development authority to the board
Levy of users' charges
Contribution by municipal bodies to the planning and development fund.
Annual Reports.
Pension and Provident Fund
CHAPTER -XIII
SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS

130.
131.
132.
133.
134.
135.
136.
137.
138.
139.
140.
141.
142.
143.
144.
145.
146.
147.
148.
149.
150.
151.
152.
153.
154.
155.
156.
157.
158.
159.
160.
161.
162.
163.
164.

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Action by government before issue of notification

Power of entry.
Service of notices
Public notice how to be made known and notices etc. to fix reasonable time.
Authentication of orders and documents.
Mode of proof or records.
Restriction on the summoning of officers and servants of the Board, the planning and
development authority.
Offences by companies..
Penalty for obstructing contractor or removing mark.
Sanction of prosecution.
Compounding of offences.
Magistrate's power to impose enhanced penalties.
Right to appear by recognized agent.
Jurisdiction of Courts.
Fine when realised to be paid to the concerned authority.
Members and officers to be public servants.
Protection of action taken in good faith.
Finality of orders.
Validation of acts and proceedings.
Temporary association of persons
Power to delegate.
Power of the planning and development authority to borrow money.
Control by the Government and the Board.
Returns and information.
Qualifications, Municipal Planner and Town Planning Officer.
Effect of laws.
Power to fix land values within the local planning area.
Provisions of the perspective plan to stand modified in certain cases.
Power to make agreement.
Reference to High Court questioning the validity of the perspective plan and
development plan.
Power to make rules.
Power to make regulations.
Laying of rules before State Legislature.
Dissolution of special area planning and development authority.
Repeal and saving

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ANDHRA PRADESH TOWN AND COUNTRY PLANNING ACT, 2009

DRAFT BILL
No.

. . . . . . . . . . . . . . . . . . . . . . of

2009

An act to make provision for the promotion of planned growth and development of regions and of
urban and rural areas and regularisation there of in the State of Andhra Pradesh by repealing the Andhra
Pradesh Town Planning Act, 1920. Be it enacted by the State Legislature in the . . . . . . . . . . . Year of the
Republic of India as follows:
CHAPTER I
PRELIMINARY
Short title, Extent and commencement;

1.

2.

(i)

This Act may be called the Andhra Pradesh Regional and Town Planning
Act,2009;

(ii)

It extends to the whole of the State of Andhra Pradesh except the places
declared to be Cantonments under section 3 of the Cantonments Act,
1924. (Central Act II of 1924);

(iii)

It shall come in to force on such date as the Government may, by

notification in the official Gazette, appoint and different dates may be
appointed for different areas;

Definitions
In this Act, unless there is anything repugnant in the subject or context.
(i)
"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; and 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;
(ii)

"Amenities" includes roads and streets, open spaces, parks, recreational

grounds, playgrounds, water and electric supply, street lighting,
sewerage, drainage, public works and other utilities, services and
conveniences;

(iii)

"Appropriate planning Authority" or "Planning authority" means, a

"Regional Planning Authority" or a "Local Planning Authority" or a "New
Town Development Authority" constituted under provisions of this Act;

(iv)

"Area of bad layout or obsolete development" means an area

consisting of land which is badly laid out or of obsolete development,
together with other lands contiguous or adjacent thereto, which is
defined by a perspective plan, development plan or an annual plan as an
area of bad layout or obsolete development;

(v)

"Arterial road" means any highway, which connects towns with one
another and facilitates movement of goods and people from one town to
another;

(vi)

"Board" means the Andhra Pradesh Regional and Town Planning Board
constituted under Section 6 of this Act.;

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(vii)

"Building Operations" includes (a) erection or re-erection of a building, or any part of it;
(b) roofing, - change of roofing of any part of a building or open space;
(c) any material alteration or enlargement of any building;
(d) any such alteration of a building as is likely to affect an alteration of
its drainage or sanitary arrangements, or materially affect its security;
(e) the construction of door opening on any street or land not belonging
to the owner;

(viii)

"Commerce" means the carrying of any trade; business or profession,

sale or exchange of goods of any type whatsoever, and includes the
running of ; with a view to making profits, hospitals, nursing homes,
infirmaries, educational institutions, and also
includes hotels,
restaurants, boarding houses not attached to any educational institution,
and "commercial" shall be construed accordingly;

(ix)

"Court" means a principal civil court of original jurisdiction, and includes

any other civil court empowered by the Government to perform the
functions of the court under this Act within the pecuniary and limits of its
jurisdiction;

(x)

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;

(xi)

"Development" with its grammatical variations, means the carrying out

of all or any of the works contemplated in a regional plan, master plan,
detailed development plan or a new town development plan prepared
under this act and shall include the carrying out of building, engineering,
mining or other operations in, on, over or under land or the making of
any materiel change, in any building or land, or in the use of any building
or land and includes subdivision of any land;

(xii)

"Development plan" means a Regional development plan, outline

development plan or a comprehensive development plan prepared under
this Act;

(xiii)

"Engineering Operations" includes the formation of laying out of

means of access to a road or the laying out of means of water supply,
drainage, sewerage or of electricity cables or lines or of telephone and
other communication lines ;

(xiv)

"Government" means the Andhra Pradesh State Government;

(xv)

" Industry" includes the carrying on of any manufacturing process as

defined in the Factories Act, 1948 ; and "Industrial" shall be construed
accordingly;

(xvi)

"Industrial use " includes the use of any land or building or part thereof
for purposes of industry as defined;

(xvii)

"Land " includes benefits to arise out of land and things attached to the
earth or permanently fastened to anything attached to the earth;

(xviii) Local Authority

a) "Municipal Corporation" constituted under Hyderabad Municipal
Corporation Act, 1955
or A.P. Municipal Corporation Act-1994 or
Visakhaptnam Municipal Corporation Act-1979 or Vijayawada Municipal
Corporation Act-1981.
(or)
b) "Municipal Councils" constituted under the
A.P.Municipalities Act,
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1965.
(or)
d) New town development Authority constituted under this Act
(or)
e) Zilla Parishads constituted under the A.P.Panchayat Raj Act-1994
f) Gram Panchayat constituted under A.P.Panchayat Raj Act
1994
g) The Authority constituted under A.P. Housing Board Act -1954.
h) Industrial Estate constituted by APIIC and functioning as Local
Authority under A.P.M.Act 1965 or under A.P.Mpl. Corporations Act-1994
or A.P.
Panchayat Raj Act-1994
(xix)

"Local Newspaper" means any newspapers published or circulated

within the planning area;

(xx)

"Planning Area" means a Regional Planning Area or a Metropolitan

Planning Area or a District Planning Area or an area declared to be
planning area under this act;

(xxi)

"Occupier" includes;
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;

(xxii)

"Operational construction" means any construction whether

temporary or permanent which is necessary for the operation,
maintenance, development or execution of any of the following services,
namely:i) Railways;
ii) National Highways;
iii) National Waterways;
iv) Major Ports;
v) Airways and aerodromes;
vi) Posts and telegraphs, telephones, wireless, broadcasting and other
like forms of communication;
vii) Regional grid for electricity;
viii) Any other services which the Government may, if it is of the opinion
that the operation, maintenance, development or execution of such other
service is essential to the life of the community, by notification, declare
to be a service for
the purpose of this clause;
Explanation: For the removal of doubts, it is hereby declared that the
construction of new building, new structure or new installation or any
extension thereof, as the case may be, used for residential, commercial,
public, semi-public, industrial, ware-housing purposes shall not be
deemed to be an operational construction within the meaning of this
clause;

"Owner" includes a mortgagee in possession, a person who for the time being
is received, the rent or premium for any land whether on his own account or an
account of, or on behalf of or for the benefit of any other person or as an agent,
trustee, guardian or receiver for any other person or for any 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 for premium if the
land were let to tenant and includes the Head of a Government department,
General Manager of a Railway, the Secretary or the principal officer of a Local
Authority, statutory authority or company, in respect of properties under their
respective control;
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(xxiii) Penalties means the amount to be levied for the offences committed
in contravention to the provisions of this Act. Such penalty may be
collected by the local authorities as provided in this act and also such
penalties are subject to hike as per the consumer price index considering
base year as 2001;
(xxiv) Planning and Development Authority means a local authority
designated as a planning and development authority under the
provisions of section 23(ii);
(xxv)

"Prescribed Rules" means prescribed rules or regulations made under

this Act;

(xxvi) "Public 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;
(xxvii) "Reconstituted Plot" means a plot which is altered in ownership or in
any other way by the making of a development scheme;
(xxviii) "Regulation" means a regulation made under this Act by a Planning and
Development Authority and includes zoning and other regulations made
as a part of a Development Plan;
(xxix)

"Relocation of Population" means, in relation to an area of bad layout

as 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;

(xxx)

"Residence" includes the use for human habitation of any land or

building or part thereof including gardens, grounds, garages, stables and
out houses, if any, appertaining to such building; and " residential" shall
be construed accordingly;

(xxxi) "Region" means a geographical area consisting of settlement

hamlet of villages or a homogeneous group of towns and villages
geographical area of a Mandal or a homogeneous group of Mandals
geographical area of a District or a homogeneous group of districts
geographical area of State;

with
or a
or a
or a

(xxxii) "Rule" means a rule made under this Act by the Government;
(xxxiii) "Scheme" means a development scheme and includes a plan or plans
together with the descriptive matter if any relating to such a scheme;
and
(xxxiv) "Town Planner means a person who possess requisite qualification for
becoming an associate member in Institute of Town Planners, India;
(xxxv) "Town Planner Officer" means an officer appointed by the Government
among the Town Planners;
(xxxvi) "Tribunal" means the Tribunal of Appeal constituted under this act;
(xxxvii)
Transferable Development Right means a development
right to transfer the potential of a plot designated for a public purpose in
a plan, expressed in terms of total permissible built space calculated on
the basis of Floor Space Index or Floor Area Ratio allowable for that plot,
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for utilisation by the owner himself or by way of transfer by him to

someone else from the present location to a specified area in the plan, as
additional built space over and above the permissible limit in lieu of
compensation for the surrender of the concerned plot free from all
encumbrances to the planning and development authority;
(xxxviii)
Words and expressions not defined in this Act have the same
meaning as in the Andhra Pradesh Municipalities Act, 1965 or Hyderabad
Municipal Corporation Act, 1955 or A.P. Panchayatraj Act, 1994 or other
local bodies Acts to be quoted;
C H A P T E R - II
CONSTITUTION OF ANDHRA PRADESH REGIONAL & TOWN PLANNING
DEVELOPMENT BOARD
3

Constitution

of

the

Andhra

Pradesh

Regional

&

Town

Planning

Development Board
(1)

As soon as may be, after the commencement of this Act, the Government shall, by
notification, constitute for the purpose of carrying out the functions assigned to it
under this Act, a State Regional and Town Planning Development Board, hereinafter
called the Town Planning Development Board.

(2)

The Board shall consist of a Chairperson, a Vice Chairperson and not more than
twenty three other members to be appointed by the Government.

(3)
(4)

The Chairperson of the Board shall be the Chief Minister of Andhra Pradesh.
The Vice Chairperson of the Board shall be the Minister for Municipal Administration
&
Urban Development.

(5)

The other members of the Board shall consist of the following:

(a)

The Chairperson of the State Planning Board;

(b)

The Chief Secretary of the State;

(c)

The Chairperson, Finance Commission constituted under the Constitution ( Seventy

fourth) Amendment Act, 1992

(d)

Vice- Chairperson, Andhra Pradesh State Road Transport Corporation

(e)

Chairperson, Infrastructure Authority

(f)

Vice-Chairperson, APTRANSCO

(g)

Vice-Chairperson, AP Pollution Control Board

(h)

Vice-Chairperson, APIIC

(i)

Principal Secretary, Municipal Administration & Urban Development Department -

Convener;
(j)

Principal Secretary, Panchayati Raj & Rural Development Department;

(k)

Principal Secretary, Finance Department;

(l)

Principal Secretary, Revenue Department;

(m)

Principal Secretary, Energy, Environment & Forests;

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(n)

Principal Secretary, Industries Department;

(o)

Principal Secretary, Transport, Roads & Buildings Department;

(p)

Principal Secretary, Housing Department;

(q)

The Chief General manager, South Central Railway;

(r)

The Director of Town & Country Planning

(s)

Three non-officials, who in the opinion of the Government have special knowledge
and expertise in the matters relating to urban planning, urban management,
infrastructure planning and development.

4.

Powers & Functions of Town Planning Development Board

(1)

Subject to the provisions of this Act and rules there under, the functions of
the Town Planning Development Board shall be:
(a) to advise the Government in matters relating to policy formulations for
regional planning, urban planning, development and implementation of
state programmes, inter-district spatial development aspects, resource
utilization and infrastructure development issues; Preparation of the State
Perspective

Plan

for

planning

and

development

of

the

regions,

metropolitan areas, and other urban areas, it's approval, notification,

enforcement and implementation ;
(b) Review

and

revise

the

State

Perspective

Plan

for

planning

and

development of the regions, metropolitan areas, Special Development

areas and urban areas once in ten years;
(c) Review the performance of Director of Town & Country Planning, the
Urban development Authorities, and the Local Planning and Development
Authorities in the matters pertaining to planning, development and
implementation aspects, and give directions accordingly;
(d) To coordinate, deal with allocation of Government finances, approve the
Regional development plans, Local Area Development Plans, review the
implementation of these Plans, resolve conflicts, and to guide and direct
the Director of Town & Country Planning, the Urban Development
Authorities, the Local Planning and Development Authorities and Special
Area Planning and Development Authorities in matters relating to
planning, implementation and development of their respective areas;
(e) Creation and management of a State Urban Land Bank and approve the
land acquisition of all functional departments and agencies for various
public

uses,

township

development,

infrastructure

development,

development schemes, etc.;

(g) To maintain and manage the Andhra Pradesh Town

& Regional

Development Fund and allocate finances based on the plans and

programmes of the local bodies for undertaking development of amenities
and infrastructure facilities and to monitor and exercise financial control
over the budgetary allocations concerning development works made
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through it to the various public agencies, local bodies, private agencies;

(h) any other matters related to the above.
(2)

The Government shall frame rules with regard to the terms of office,
functioning, conduct of meetings and any other matter relating to the powers
and functioning of the Town Planning Development Board.

(3)

The Town Planning Development Board may for the efficient performance of
its functions, constitute as many functional committees as it thinks fit.

(4)

The Director of Town & Country Planning shall function as technical secretariat
to the Town Planning Development Board;

5. Appointment of Director of Town and Country Planning and other Officers

(1)

The State Government shall appoint a technically qualified person as

contemplated in Section 154 of this Act as Director of Town and Country
Planning, such number of officers and with such establishment as they think
fit and shall assign time to time such salary and establishments as they think
fit.

(2)

The Cost of such Officers their establishments shall be paid out of the
revenues of the State Government.

(3)

The local authorities shall consult the Director of Town and Country Planning
on such matters relating to Town and Country Planning, and in such manner
as may be prescribed. If any differences arise between the Director of Town
and Country Planning and Local authority on any matters so prescribed, it
shall be refereed to the State Government whose decision shall be final.

(4)

Establish a Directorate of Town & Country Planning with such number of

officers consisting of planners, engineers, accounts, and other support staff as
they think fit and as may be determined by rules.

6. Powers and functions of the Director of Town & Country Planning

(1) The duties and functions of the Director of Town & Country Planning shall be to:
(a) Advise and render technical assistance to the Government and Town
Planning Development Board pertaining to planning policy matters and
implementation of relevant state programmes;
(b) Undertake preparation the State urbanization policy and State Perspective
Plan for urban, regional and spatial development;
(c) Render technical assistance to the Local Planning & Development
Authorities

or to the Special Area Planning & Development Authorities

and public agencies in matters related to planning and implementation of

plans;
(d) Establish a digitised mapping unit and undertake various surveys and
mapping work of various metropolitan areas, urban areas, districts, special
areas, and other base maps, etc;
(e) Establish and manage a regional, urban and district data base and
information system and a network for dissemination of information
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relating to planning inputs, urban management inputs, development

inputs and socio-economic inputs, etc;
(f) Prepare manuals of town planning norms and standards, briefs and
guidelines

on

various

planning,

environmental,

development,

implementation of statutory plans, schemes and projects, development

promotion and enforcement, urban finance, and urban management
aspects, and development briefs;
(g) Provide for necessary research inputs either through the Directorate or
through consultants on specific aspects of planning, environment, fiscal,
management, development strategies concerns;
(h) Monitoring the preparation of Development Plans for the Local Planning
and development areas and Mandal Headquarters concerned;
(i) Monitoring the implementation of the statutory Development Plan through
the respective agencies and for this purpose may issue necessary
instructions, guidelines, and inputs as may be required.
(j) Perform any other function as may be directed by the Government and
Town Planning Development Board from time to time.
(2) The Government may direct the Director of Town & Country Planning to undertake
preparation of development plan for any area and submitting the same to the
Government for approval duly following the procedure under Section 8 to 12 and 16 to
22.
7. Establishment of Common Town & Country Planning Service
(1)

The Government may establish a Common Town Planning Service comprising

of:
(i)

The Directorate of Town & Country Planning,

(ii)

The Town Planning staff of the Local Planning and Development

Authorities,

(iii)

The Planning staff of Urban Development Authorities

for ensuring efficient administration of this Act and matters related thereto, and as
may be determined by rules.
(2)

The Director of Town & Country Planning shall function as the Secretariat for
administering the service matters of staff under the Common Town & Country
Planning Service.

(3)

All the existing staff of the Directorate of Town & Country Planning, and the
Town Planning staff of the Urban Development Authorities, Municipal
Corporations (including GHMC) and municipalities shall be deemed to be part
of the Directorate of Town & Country Planning

(4)

The Director of town and country planning for the efficient performance of its
functions and responsibilities may have as many number of regional offices,
district offices and local offices and may in addition to staff of the Directorate

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of Town & Country Planning Service outsource and /or take staff on contract
basis.
8.

Approval of State Perspective Plan

(1)The state perspective plan, after approval by the Board, shall be forwarded to the
government;
(2)The government shall, within ninety days from the date of receipt of the state
perspective plan under sub-section (1), approve it with or without modifications;
(3)As soon as may be, after the state perspective plan has been approved by the
government, the Board shall forward a copy thereof to every planning and
development authority and also publish the salient features of such approved
plan in at least two newspapers circulating in the state of which one must be in
the regional language, for information of the public specifying the place or places
where a full copy of such plan may be inspected; Provided that, in case the state
perspective plan has been approved by the government with modifications, the
Board shall incorporate the necessary modifications before forwarding it to the
above named bodies and before aforesaid publication of the plan in the news
papers.

9.

Review and revision of the state perspective plan.

At least once in ten years from the date of approval of the state perspective plan,
prepared under sub-section (2) of section 8, the Board shall review such plan and
prepare a fresh state perspective plan for a period of twenty to twenty-five years
from the date of review after incorporating such modifications and amendments as
may be necessary and submit for approval as laid down in section 8.
CHAPTER III
PREPARATION OF A REGIONAL PLAN

10.

Declaration of Planning Region

(1) The Government may for the purpose of promoting and regulating planned
development of the areas within the State, declare any area in the State to be a
Planning Region by notification in the Official Gazette and define its limits;
(2) The Government for the efficient administration of this Act, may, by notification
in the Official Gazette(a) alter the limits of a region so as to include therein or exclude there from, such
areas as may be prescribed in the notification;
(b) amalgamate two or more regions so as to form one region;
(c) split up any region into two or more regions;
(3) The Director of Town & Country Planning shall undertake preparation of a
Regional Plan and a Regional Investment plan for the Region.

11.

Contents of Regional Plan and Regional Investment Plan

A Regional Plan shall indicate the manner in which the optimum utilization of various
resources in the region shall be carried out with a view to securing growth and economic
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development of the region. In particular it shall provide for all or any of the following
matters and such other matters as the Government or the Town Planning Development
Board may direct the Director of Town & Country Planning, more particularly containing:
(a) Proposals and policies for securing growth and economic development in the
region
(b) Proposals and policies for conservation, optimum utilization and development of
resources in the Region;
(c) A Structure Plan indicating the broad areas of development and general location
of residential, industrial, agriculture, and areas for conservation and ecologically
fragile areas;
(d) Proposals

for

major

infrastructure

facilities

like

transport,

power,

and

communication network and related facilities like power plants, roads, highways,
railways, ports, airports and waterways;
(e) Policies for preservation, conservation and development of areas of natural
beauty and scenic spots, forest, wildlife, areas of historic and archaeological
interest and tourism areas;
(f) Proposals for water supply, water harvesting, recharge of ground water, and flood
control;
(g) Proposals and policies for improvement and development of public amenities and
services including electricity, drinking water supply, gas, sewerage, waste
disposal, educational, health and social welfare and prevention of air and water
pollution;
(h) Policies for promoting development and regulating uses and activities through
zoning and other regulations;
(i) Any other matter, which may be necessary for the orderly development of the
region, and/or such matters as the Government may direct in this regard.
The Regional Plan shall be accompanied by a Regional Investment Plan, which shall
indicate the type and manner of investments are envisaged in various sectors
and areas for securing economic development of the Region.
12. Preparation of Regional Development Plan and Investment Plan
(1) Subject to the provisions of this Act and rules made in this behalf, the Director of
Town & Country Planning shall as soon as may be, notify the intention of preparing
the Regional Development Plan and Regional Investment Plan in at least two local
newspapers widely read in the region. It shall then undertake surveys and studies
and prepare the Regional Development Plan and Regional Investment Plan within
one year and notify the same in the Official Gazette and widely read local
newspapers for public objections and suggestions in the prescribed manner and
naming the place where a copy of the plans may be inspected at all reasonable
hours.
The time period for filing objections and suggestions shall be minimum one month
from the date of said notification.
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13. Submission of Plan to Government for sanction

After considering all objections and suggestions from any person, body or local
authority the Director of Town & Country Planning shall make modifications/revision
to the plan in such manner as it thinks fit, and submit to the State Government
within two months for sanction of the Regional Development Plan and Regional
Investment Plan, regulations and reports under Section 12 along with remarks on the
suggestions, if any, received;
Provided that the State Government may extend the time of the said period upto six
months for submission.
14. Sanction of Plan by Government
(1) On receipt of the Plans under Section 13, the State Government shall refer the same
to the Board and thereafter, may by notification:
(a) sanction the Regional Development Plan and Regional Investment Plan and
regulations within the prescribed period with or without modifications, or subject
to such modifications as it may consider appropriate;
(b) return the plans to the Director of Town & Country Planning for modifying the
plans and regulations in such manner as it may consider necessary;
(c) Refuse to accord sanction to the Regional Development Plan and Regional
Investment Plan and regulations and direct the Director of Town & Country
Planning to undertake preparation of fresh plans under the provisions of this Act.
(2) The sanction accorded by the Government shall be notified in the Official Gazette
and in the local newspapers in the prescribed manner and naming the place where a
copy of the sanctioned plans may be inspected at all reasonable hours.
(3) The sanctioned plans shall be called the final Regional Development Plan and shall
come into force from the date of publication in the Official Gazette.
(4) The final Regional Development Plan shall be binding on all public authorities,
departments, local bodies and all other agencies situated in the region.
15. Variations to Final Regional Development Plan
If on a proposal from the Director of Town & Country Planning, the State Government
is of the opinion that it is necessary to make any variation in the final Regional
Development Plan or regulations, it shall publish the variations proposed in the
prescribed manner in the Official Gazette and local newspapers for public objections
and suggestions, if any, in writing within a period of thirty days from the date of
publication of the proposed variation.
After considering the suggestions and objections, if any, received, the State
Government may by notification in the Official Gazette sanction the variation with or
without modification and such variation shall come into force from the date of the said
publication in the Official Gazette.
16. Revision of Regional Development Plan
If the State Government at any time after a Regional Development Plan has come into
operation, but not earlier than twenty years there from, is of the opinion that revision
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of such Regional Development Plan is necessary, may revise the same and the
provisions of Sections 12, 13 and 14 shall apply in respect of such revision of the
Regional Development Plan.
17. Implementation of Regional Development Plan:
(1) The Government or the Town Planning Development Board may issue directions to
any department, District Collector, public agency or body or create a Special
Purpose Vehicle to implement the provisions of the Regional development Plan.
(2) The Government may constitute a functional committee for steering the
implementation of the Regional development plan and allocate finances and
budget through respective departments/agencies in relation to the implementation
of the Regional development plan.
(3) The collector or the implementing agency may constitute a working group or
groups for ensuring implementation of Regional Development Plan.
CHAPTER - IV
PLANNING AND DEVELOPMENT AUTHORITIES AND PLANS FOR
LOCAL PLANNING AREA DEVELOPMENT
18.
(1)

Local Planning Area.

From the date of commencement of this Act, the area under the jurisdiction of a
Municipal

Corporation,

Municipal

Council

or

Nagar

Panchayat

or

Grampanchayat shall be the local planning area for the purposes of this Act.
(2)

The government may, in consultation with the Board, the Director of Town and
Country Planning, amalgamate, two or more local planning areas into one local
planning area, sub-divide local planning area into different local planning areas and
include such divided areas in any other local planning area.

(3)

The government may, by notification in the Official Gazette direct that all or any of
the rules, regulations. bye-laws, orders, directions and powers made, issued,
conferred and in force in any other local planning area at the time, with such
exceptions, adaptations and modifications as may be considered necessary by the
government, shall apply to the area declared as amalgamated with or included in a
local planning area under this section and such rules, regulations, bye-laws orders,
directions and powers shall forthwith apply to such local planning area without
further publication.

(4)

When local planning areas are amalgamated or sub-divided or such sub-divided

areas are included in other local planning areas, the government shall, in
consultation with tile Board and the planning and development authorities, frame a
scheme determining what portion of the balance of the fund of the planning and
development authorities shall vest in the planning and development authority or
other such authorities concerned and in what manner the properties and liabilities of
the planning and development authority or other such authorities shall be
apportioned amongst them and on the scheme being notified, the fund, property and

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liabilities shall vest and be apportioned accordingly.

19.
(1)

Planning and Development Authority.

Every

Municipal

Corporation,

Municipal

Council

or

Nagar

Panchayat

or

Grampanchayat shall, from the date of commencement of this Act, be the planning
and development authority for the local planning area under their respective
jurisdiction, in case of local planning areas amalgamated in to two or more local
planning areas or sub-divided into different local planning areas and include such
divided areas in any other local planning area for the purpose of this Act.
(2)

Every planning and development authority shall be a body corporate by the name
aforesaid having perpetual succession and a common seal with power to acquire,
hold and dispose of property both movable and immovable and to enter into contract
and to do all things necessary, proper or expedient for the purposes of its
constitution and shall by the said name sue and be sued.

20.

Powers & functions of planning and development authority.

The functions of planning and development authority shall be to:
(a)

Prepare for the local planning area or part thereof:

(i)

A perspective plan;

(ii)

A development plan;

(iii)

An annual plan; and

(iv)

Plans of projects or schemes.

(v)
(b)

Plans for Housing for urban Poor and alleviation of Urban Poor

Implement the provisions contained in the plans prepared under clause (a)
above by formulating and executing development schemes, land pooling
schemes and projects;

(c)

Promote, regulate and control the developmental activities in the local

planning area in accordance with the provisions of this Act;

(d)

Acquire, hold, properties; manage and dispose of land and other

(e)

Set up special function agencies and guide, direct and assist them on matters
pertaining to their respective functions; and

(f)

Perform such other functions as are supplemental, incidental or consequential to any of its functions or as may be directed by the government,
from time to time.

21.

Constitution of Standing Planning Committee and appointment of

Municipal Planner
(1)

Every planning and development authority shall, for the performance of the
functions under this Act, constitute a Standing Planning Committee consisting of
members as contained in sub-section (2) and appoint a full-time Municipal Planner as
contemplated in Section 154 of this Act.

(2)

The Standing Planning Committee shall consist of the following members:

(i) The chairperson of the concerned municipal body; Chairperson ex-officio;

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(ii) Two members of the concerned municipal body to be nominated by its members;
(iii) The chief executive officer of the concerned municipal body; and
(iv) The Municipal Planner, appointed under sub-section (1) ; as its Member Secretary
(v) A full time qualified experienced Civil Engineer as Member Ex- officio;
(vi) A non Official, who has special knowledge and expertise in the matters relating to
Urban Planning and Urban Management, infrastructure Planning and
Development
to be nominated by the Competent Authority
(3)

The Standing Planning Committee shall have all the powers, responsibilities and the
status as are given to a Standing Committee appointed under the Act under which
the concerned municipal body is set up.

(4)

The Municipal Planner appointed under sub-section (1) shall possess such
educational qualifications as are contained in section 154 of this Act.

22.

Constitution of Development Integration Committee or the local planning

area.
(1)

For the purpose of integrated development of the local planning area, the District
Collector, in consultation with the chairperson of the concerned planning and
development authority, shall constitute a Development Integration Committee
consisting of the following:
(a) A Chairperson;
(b) Heads of relevant central and state government departments functioning or
having jurisdiction over the local planning area as may be determined by the
Collector, members;
(c) Non-official members, not exceeding five, from amongst the residents and
representatives of non-governmental and community based organisations; and
(d) The Municipal Planner of the concerned planning and development authority,
Member Secretary.

(2)

The functions of the Development Integration Committee shall be

(a) To identify development aims, objectives, priorities and programmes;
(b) To provide required inputs(such as data, information, reports, maps, etc.) with the
assistance of respective departments, on future projections, major requirements
and priorities as may be considered necessary by the Municipal Planner for
preparation of various plans, schemes and projects for the local planning area
under clause (a) of section 20.
(c) To ensure cooperation on inter departmental actions pertaining to formulation of
plans. schemes and projects and their implementation; and
(d) Any other function as may be considered necessary for the formulation of various
plans. schemes and projects and their effective and efficient implementation;

(3)

The Development Integration Committee shall meet at such times and at such places
as the Chairperson may decide;

(4)

The departments represented under clause (b) of sub-section (1) shall provide such

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funds as may be necessary for meeting their specific obligations under clause (b) of
sub-section (2).
23.

Functions of the Municipal Planner

The Municipal Planner shall

(a)

Assist the planning and development authority, the standing planning committee and
development integration committee in performance of their functions under Section
20. and sub-section (1) of section 21 and sub-section(2) of section 22 respectively;

(b)

Prepare and implement the perspective plan, the development plan, the annual plan
and projects and schemes, and if so required, get such plans, projects or schemes
prepared from any agency or consultant as may be approved by the planning and
development authority;

(c)

Take all necessary actions required for approval of perspective plan. development
plan, annual plan and projects and schemes as provided under this chapter;

(d)

Monitor and review the perspective plan, the development plan and the annual
plans, projects and the schemes; and

(d)

Perform any planning and committee or Staff of the planning and development
authority. Other function assigned to him by the development authority, standing
planning development integration committee.

24.
(1)

Staff of the Planning and development Authority

Subject to such control and restrictions as may be prescribed every planning and
development authority shall appoint such number of officers and employees as may
be necessary for efficient performance of its functions under this Act and may
determine their designations and grades;

(2)

The officers and employees appointed under sub-section (1) shall be entitled to
receive such salaries and allowances and shall be governed by such conditions of
service as may be determined by regulations made in this behalf;

(3)

The salaries and allowances of the municipal planner and other officers and
employees of the planning and development authority and all other expenses
incurred in the performance of functions under this Act shall be met out of the
Planning and Development Fund constituted under section 119.

25.
(1)

Preparation of perspective plan of local planning area and its contents.

Every planning and development authority, within one year of the commencement of
this Act, shall prepare a (twenty to twenty-five years) perspective plan of the local
planning area including such contiguous areas thereto, as may be considered
necessary, after reviewing the implementation of such plan, if any, prepared earlier;
Provided that where a Municipal Corporation, a Municipal Council or a Nagar

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Panchayat or a Grampanchayt after the date of commencement of this Act, the

perspective plan shall be prepared within one year of its constitution.
(2)

The perspective plan prepared under sub-section (1) shall incorporate socioeconomic and developmental issues, goals, objectives, potentials, policies, strategies
and priorities pertaining to the following as far as may be relevant
(a) Physical characteristics and natural resources;
(b) Demography;
(c) Existing and proposed land uses;
(d) Economic development in primary, secondary and tertiary sectors as may be
applicable;
(e) Poverty alleviation and employment generation in the formal and informal
sectors;
(f) Housing and shelter development with a provision for Housing for Urban Poor;
(g) Transportation network including inter-city and intra-city mass transportation
system and its interface with location of major activity nodes and land use
pattern
(h) Integrated infrastructure development covering:
(i) water harvesting and its utilisation;
(ii) energy;
(iii) drainage;
(iv) sanitation;
(v) refuse disposal;
(vi) education;
(vii)
(viii)

health;
recreation;

(ix) communication; and

(x) others utilities and services such as police protection, fire protection, etc.;
(i) Protection of environmentally sensitive areas and conservation of heritage;
(j) Spatial development indicating direction of growth of the settlement and its
components such as residential, commercial, and industrial areas; open spaces,
roads, etc.;
(k) Renewal and upgradation of old or dilapidated areas and slums;
(l) Fiscal resource mobilisation;
(m)Implementation mechanism and processes;
(n) Phasing of the plan in periods of five years preferably co-terminus with the state
five year plans; and
(o) Any other particulars and details as may be considered necessary by the
planning and development authority.
26.

An existing plan to be deemed as perspective plan

If prior to the commencement of this Act any Master Plan or Development Plan for
any area has been prepared under .any other law, such master plan or development

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plan shall be deemed to be a perspective plan of that local planning area prepared
under this Act.
27.
(1)

Preparation of development plan of local planning area and its contents.

Every planning and development authority shall, not later than seventeen months
from the date of coming into office under the provisions of the Municipal Act or
Panchayraj Act, prepare a development plan within the framework of the approved
perspective plan covering the whole or part of the local planning area, as may be
necessary, for a period of five years, the first three years of which shall be during
and upto the end of the term of the Municipal body or Grampanchayt in office, and
the next two years, commencing from the date of assumption of office and during
the life of the following or subsequent municipal body.

Explanation:
The objective of this provision of dividing the five year period of a local area
development plan into three and two year terms is to introduce a dynamic
participatory planning system where each elected municipal body when it assumes
office, has an approved plan for implementation during the time taken for review of
such plan and formulation and approval of next development plan incorporating
results of review and its own policies and programmes. It also provides for
implementation of such a next plan formulated by the municipal body, for three
years up to the end of its term.
(2)

Notwithstanding any thing contained contrary to sub-section (1) in case no approved

perspective plan exists, the planning and development authority shall take into
account the provisions of the perspective plan under preparation according to the
provision of sub-section (1) of section 25, and prepare the development plan within
three years from the date of commencement of this Act.

(3)

A development plan shall generally indicate the manner in which the use of land in
the local planning area covered by such plan shall be regulated and also indicate the
manner in which the development therein shall be carried out. In particular it shall
provide, so far as may be necessary, for all or any of the following:
(a)Analysis include present of dynamics of development which may analysis of
history of development, status and trend of development, location, site and
situation,

regional

context,

hinterland,

its

attributes

and

accessibility,

physiographic and demographic characteristics; city influence area and its

characteristics including settlement pattern, rural-urban relationship and fringe
area developments;
(b)Current issues and prospects regarding;
(i)

Economic base and employment hi trade, commerce and industries in

both format and informal sectors;

(ii)

Hierarchy of commercial areas, dispersal of commercial activities and

related issues;

(iii)
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considering the pollution level and environment & sustainability;

(iv)

Urban poverty and its alleviation;

(v)

Housing including informal sector housing, resettlement strategy and

slum upgradation;

(vi)

Educational facilities including specialised education and research

centres, health facilities including specialised hospitals, cultural and
religious facilities;

(vii)

Public and semi-public offices;

(viii)

System of open space, play fields and recreation areas; conservation

areas; ecologically and environmentally sensitive areas; and public
gathering grounds;

(ix)

Transportation covering, road, railway, waterway, pedestrian-path

networks and related activity centres, parking and terminal facilities;
mass transportation system and its integration with activity nodes and
land use pattern: airport and seaport

(x)

Utilities and services such as water supply, drainage, sewerage, solid

waste management, energy, communication, police, fire protection,
cremation and burial grounds;

(c)Existing land use;

(d)Space requirement for various activities;
(e)Economic and spatial development goals and objectives;
(f)Development proposals which may include;
(i) Concept of hierarchy of planning units and distribution of various activity
nodes, facility centres, etc.;
(ii)

Mass transportation system and land use interface, transport and

communication facilities such as hierarchy and network of roads,
highways, parkways. railways, waterways, canals and airport including
their extension, development and coordination;

(iii)

Proposals

for designating

the use of the land

for residential

development including informal sector housing and slum upgradation;

commercial, industrial, agricultural and recreational uses,
(iv)

Proposals for the reservation of land for community facilities and

services; public purposes such as schools, colleges and other
educational

institutions,

medical

and

public

health

institutions,

markets, social welfare and cultural institutions, theatres and places

for public entertainment, public assembly, museums, art galleries,
religious buildings, parks, gardens and play-grounds, stadia, sites and
services

schemes,

slum

upgradation

schemes,

housing

accommodation for socially and economically backward classes of

people including Housing for Urban Poor; parking and terminal
facilities such as inter-city and intra-city bus and truck terminus,
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dairies, areas for open spaces, zoological gardens, natural reserves

and sanctuaries; burial grounds, cremation grounds including electric
crematorium; slaughter houses, tanneries and for such other purposes
as may, from time to time, be considered necessary;
(v)

Proposals for water supply, drainage, sewage and solid waste disposal,
other public utilities, amenities and services including supply of
electricity and gas and provision for telephones and postal services;

(vi)

Public and semi-public offices;

(vii)

Renewal and redevelopment areas;

(viii)

Protection of environment, prevention of air and water pollution,

promotion of ecological aspects, preservation, conservation and
development of areas of natural scenery and landscape; urban
forestry;

(ix)

Preservation of features, structures places of historical, architectural

and scientific interest and educational value;

(x)

Proposals for flood control;

(xi)

Proposals for the reservation of land for public purpose by the central,
state and local government or any other authority or body established
by or under any law for the time being in force;

(xii)

The filling up or reclamation of low lying, swampy or unhealthy areas

or leveling up of land

(xiii)

Proposals for preparation of development schemes pertaining tourism,

environmental conservation, heritage, sites for reclamation; coastal
area development, highway corridor development and the like;

(xiv)

Such other proposals for public purposes as may from time to time be
approved by the planning and development authority or as may be
directed by the government in this behalf;

(g)Implementation mechanism which shall include:

(i)

Phasing of the proposal contained in the development plan depending

upon the priorities determined in two phases the first being for a period
of three years and the second for two years;

(ii)

Identification of sector-wise schemes and projects to be implemented by

central or state government, planning and development authority,
corporate bodies, co-operative and private sector.

(iii)

Development promotion regulations for promoting and regulating the

use and development of land including imposition of conditions and
restriction in regard to the open space to be maintained for buildings,
the Floor Area Ratio or Floor Space Index, the location, number, size,
height, number of storeys and character of buildings and density of
built-up area allowed in specified area, the use and purposes to which a
building or specified areas of land may or may not be appropriated, the

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sub-division of plots, the dis-continuance of objectionable uses of land in

any area in reasonable periods, parking spaces, loading and unloading
space for any building and the sizes of projections and advertisement
signs and hoarding and other matters as may be considered, necessary
for carrying out the objects of this Act;
(iv)

Fiscal requirements and resource mobilisation proposals;

(v)

Regulations

in

respect

of

Transferable

Development

Rights

and

Accommodation Reservation
(h)Monitoring and review mechanism;
28.
(1)

Approval of perspective plan for local planning area

As soon as may be but not later than thirty days of the preparation of the
perspective plan of a local planning area, the concerned planning and development
area, authority shall accord its consent to the contents of the perspective plan and
forward it to the Director of Town and Country Planning for concurrence.

(2)

The Director of Town and Country Planning within thirty days from the date of receipt
of the perspective plan forwarded to it under sub-section(1)shall examine it in the
light of state, and communicate in writing their concurrence to the perspective plan
with or without specific modifications

(3)

On receipt of the concurrence under sub-section (2) the planning and development
authority shall not later than thirty days modify if necessary, the perspective plan in
the light of the specific modifications contained in the concurrence letter of the
Director of Town and Country Planning and resubmit the modified plan to the Director
of Town and Country Planning.

(4)

The Director of Town and Country Planning, shall further examine the modified
perspective plan, in the light of the specific modifications, suggested by it under subsection (2) and communicate in writing within thirty days from the date of
resubmission of the plan under sub-section (3), its concurrence with or without
further specific modifications.

(5)

If the concurrence of the Director of Town and Country Planning is not received within
the time allowed under sub-section (2) or sub-section (4), the concurrence shall be
deemed to have been given by the Director of Town and Country Planning.

(6)

As soon as may be, but not later than thirty days from the date of receipt of the
concurrence from the Director of Town and Country Planning, and after modifying the
perspective plan if necessary the planning and development authority shall publish a
notice in atleast one local newspaper of the preparation of the perspective plan
inviting objections and suggestions from the public within thirty days from the date
of publication of the notice in the newspaper. The notice shall state the name of the
place or places where a copy thereof shall be available for inspection by the public
and that copies thereof or extracts there from certified to be correct shall be
available for sale to the public at a reasonable price.

(7)

The Standing Planning Committee shall consider all objections and suggestions

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received within the time allowed under sub-section (6) and after making such
enquiry as it may consider necessary and after giving reasonable opportunity of
being heard to those persons who have made a request in writing for being so heard,
modify, if necessary, the perspective plan and submit it together with the objections
and suggestions received under sub-section (6) and the report of the standing
planning committee to the planning and development authority within a period of
sixty days of the date of expiry of the notice under sub-section (6).
(8)

The planning and development authority shall within thirty days from the date of
receipt of perspective plan under sub-section (7) accord its concurrence and forward
the same to the government and also to the Director of Town and Country Planning
together with the objections and suggestions received under sub-section (6) and the
report of the standing planning committee.

(9)

The government shall in consultation with the Director of Town and Country Planning,
approve the perspective plan with or without modifications within sixty days of its
receipt.

(10)

The planning and development authority shall publish a notice in the Official Gazette
and one local newspaper of the approval of the perspective plan, stating the name of
the place or places where a copy thereof shall be available for inspection by the
public and that copies thereof or extracts there from certified to the correct shall be
available for sale to public at a reasonable price.

(11)

The perspective plan shall come into force from the date of publication of notice of
approval of the perspective plan in the Official Gazette under sub-section (10).

29.
(1)

Approval of development plan of local planning area,

As soon as may be, but not later than thirty days of
development plan of a local
development

the preparation of the

planning area the concerned planning and area

authority shall accord its consent to the development plan, and

forward it to the Director of Town and Country Planning for concurrence

(2)

The Director of Town and Country Planning, shall within thirty days from the date of
receipt of the development plan forwarded to it under sub-section (1) examine it in
the light of the perspective plan approved or under the process of approval under
section 28 and communicate their concurrence in writing to the development plan
being within the framework of perspective plan or suggest specific modifications if
any, to bring it in conformity with the perspective plan

(3)

The planning and development authority shall modify, if necessary, within thirty
days, the development plan in the light of the specific modifications suggested in the
concurrence letter of the Director of Town and Country Planning, and resubmit to the
Director of Town and Country Planning;

(4)

The Director of Town and Country Planning, shall further examine the development
plan, in the light of specific modifications suggested by it under sub-section (2) and
communicate within thirty days from the date of resubmission of the plan, under
sub-section (3), its concurrence in writing with or without further specific

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modifications.
(5)

in case there are further specific modifications suggested in the concurrence letter
received under sub-section(4), the planning and development authority shall take
necessary action to modify the development plan and resubmit within thirty days the
modified plan for concurrence of the Director of Town and Country Planning, but the
part in respect of which no specific modifications has been suggested shall be
deemed to have been concurred with and the planning and development authority
shall proceed further for getting approval as provided under sub-section (7) of that
part of the development plan in respect of which no modifications are required under
sub-section (4).

(6)

If the concurrence of the Director of Town and Country Planning is not received within
the time allowed under sub-section (2) or (4) as the case may be, within thirty days
from the date of resubmission under sub-section (5) as the case may be, the
concurrence shall be deemed to have been given by the Director of Town and
Country Planning.

(7)

As soon as, may be but not later than thirty days from the date of receipt of the
concurrence letter from the Director of Town and Country Planning, under subsection (2), (4), (5) or deemed concurrence as stipulated under sub-section (6) as the
case may be, the planning and development authority shall publish a notice in at
least one local newspaper of the preparation of the development plan, inviting
objections and suggestions from the public within thirty days from the date of
publication of the notice in the newspaper. The notice shall state the name of the
place or places where a copy thereof shall be available for inspection by the public
and that the copies thereof or extracts there from, certified to be correct, shall be
available for sale to the public at a reasonable price. This notice shall also indicate
the date, time and place where a public meeting shall be held to present the
highlights of the development plan to the public;

(8)

The planning and development authority shall ensure that the public meeting is held
as stipulated under sub-section (7) on the notified date;

(9)

The standing planning committee shall consider all objections and suggestions
received within the time allowed under sub-section (7) and after making such
enquiry as it may consider necessary and after giving reasonable opportunity of
being heard to those persons who have made request in writing for being so heard,
modify, if necessary, the development plan and submit it to the planning and
development authority within sixty days from date of expiry of the notice under subsection (7);

(10)

The planning and development authority shall accord its approval to the
development plan by a Resolution passed in the meeting of the planning and
development authority, with or without modifications, within thirty days of
submission of the aforesaid plan to it under sub-section (9);

(11)

The planning and development authority shall publish a notice in the Official Gazette

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and in at least one local newspaper of the approval of the development plan, stating
the name of the place or places where a copy thereof shall be available for
inspection by the public and that copies thereof or extracts there from certified to be
correct shall be available for sale to public at a reasonable price;
(12)

The development plan shall come into force from the date of publication of notice in
the Official Gazette under sub-section (11).

30.

Review, revision and preparation of fresh perspective plan of the local

planning area
(1)

Immediately after the expiry of ten years from the date of approval of the
perspective plan of the local planning area under Section 28, the planning and
development authority shall review such plan and prepare a fresh perspective plan
for a period of twenty to twenty five years from the date of review after incorporating
such modifications and amendments as may be considered necessary and submit for
approval.
Provided that the time period taken for review and preparation of fresh perspective
Plan shall not exceed two years.

(2)

The provisions of section 25 and section 28 shall, mutatis mutandis, apply to the
preparation and approval of such a fresh perspective plan.

31.

Review, revision and preparation of fresh development plan of the local

planning area
(1)

Immediately after the expiry of three years from the date of approval of the
development plan under section 29, the planning and development plan authority
shall review such plan and prepare a fresh development plan for five years
commencing from the date of expiry of such a plan in force after incorporating such
modifications and amendments as may be considered necessary and submit it for
approval;
Provided that the time period taken for review and preparation of fresh development
plan shall not exceed eighteen months;

(1)

The provisions of section 27 and section 29 shall, mutatis mutandis, apply to the
preparation and approval of such a fresh development plan

32.

Provisions of development plan to prevail.

If any provision of an approved development plan of a local planning area is at
variance with the provisions of the approved perspective plan of the same area, the
provision contained in the approved development plan shall prevail.

33.

Modifications in perspective plan or development plan of local planning

area.
(1)

Notwithstanding any thing contained in sections 30 and 31 the perspective plan or

development plan of a local planning area may be modified any time and for this
purpose, the planning and development authority shall publish a draft of the
proposed modifications by a notice in at least one local newspaper inviting
objections and suggestions from the public within thirty days from the date of

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aforesaid publication of the notice, and after giving an opportunity of being heard to
such persons who have made request for being heard and after considering the
objections and suggestion finalise the modifications in the plan and submit it to:
(a) The Board in case of modifications in a perspective plan; or
(b) The government in case of modifications in the development plan.
(2)

The Board or the government, as the case may be may approve the modifications
with or without variations or refuse to approve the modification by a notification in
the Official Gazette and in atleast one local newspaper.
Provided that no modifications shall be proposed or approved unless they are:
a) Of emergent nature; or
b) Of minor nature in the interest of implementation which do not materially affect
the structure of the plan; and
c) In public interest and are notified to the public.
CHAPTER -V
SPECIAL AREA PLANNING AND DEVELOPMENT AUTHORITY AND
PLANS FOR SPECIAL AREA DEVELOPMENT

34.
(1)

Declaration of Special Area.

If any area, such as an area identified for establishment of a new town or industrial
township, or identified as ecologically sensitive area like coastal belt or economic
resource area like mining area, or under developed area like thrall area, large urban
renewal or redevelopment areas, and the like, whether urban or rural or both, is
designated as a special area in any perspective plan or any metropolitan
development plan, district development plan or local planning area development
plan, the government if satisfied that it is expedient in public interest that any such
area should be developed as a special area, may by notification in the Official
Gazette, declare such area as a Special Area, which shall be known by the name
specified in the notification.
Provided that in the case of an area of an existing industrial township or Industrial
Development Corporation or a body by whatever name called, as may have been
designated by the government in which services are provided or proposed to be
provided by the aforesaid industrial township or the Industrial Development
Corporation or the body that area shall be deemed to be a special area declared
under sub-section(1).

(2)

Such notification shall define the limits of such special area.

(1)

The government may, by notification in the Official Gazette

a) Alter the limits of the special area to include therein or exclude there from
such areas as may be specified in the notification; or
b) Declare that the special area shall cease to be a special area.

(3)

After declaration of any area as a special area under sub-section (1) the municipal

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corporation, the municipal council or the Nagar Panchayat, having jurisdiction, if any,
shall cease to be the planning and development authority for the special area
declared under this Act and the Panchayats, if any, shall also cease to exercise the
powers and to perform the functions and duties which the Special Area Development
Authority constituted under section 54 is competent to exercise and perform under
this Act.
35.

Special Area Planning and Development Authority

(1)

Simultaneously with the declaration of any area as a special area under sub section
(1) of section 34, the government shall constitute, by a notification in the Official
Gazette, a Special Area Planning and Development Authority consisting of the
following members:
(a) A chairperson;
(b) Representatives, not exceeding four in number, of the concerned municipal
bodies constituted under the A.P Municipalities Act 1965 or Hyderabad Municipal
Corporation Act-1955 or A.P. Municipal Corporation Act-1994, Visakhapatnam
Municipal Corporation Act-1979 or Vijayawada Municipal Corporation Act-1981 or
Panchayats constituted under the A.P. Panchayat Raj Act-1994, as may be
considered necessary;
(c) An

Urban

and

Regional

Planning

Member

with

prescribed

educational

qualifications;
(d) A finance member;
(e) An engineer member;
(f) A chief administrative officer; and
(g) Such other members, not exceeding three, out of which at Least two shall be
non-officials as the government, may determine from time to time
(2)

The Members specified under clauses (c), (d), (e) and (f) shall be full-time members.

(3)

The full-time members and the chairperson, if full-time, shall receive such salary and
allowances out of the fund of special area planning and development authority and
shall be subject to such terms and conditions of service as may be determined by
the government.

(4)

Other members shall not be entitled to any salary but shall receive such allowances
as may be prescribed under regulations

(5)

The chairperson and the members of special area development authority shall hold
office at the pleasure of the government

(6)

Any vacancy arising out of resignation or otherwise shall be filled by fresh

appointment.

36.

Incorporation of special area planning and development authority

A special area planning and development authority shall be a body corporate with
perpetual succession and a common seal and shall have power to acquire, hold and
dispose of property, both movable and immovable and to enter into contract and to
do all things necessary and expedient for the purposes of its constitution and sue

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and be sued by the name specified in the notification under sub-section (1) of
section 34.
37.

Staff of the special area planning and development authority.

A special area planning and development authority may appoint such officers and
employees as may be necessary and proper for the efficient discharge of its
functions.
Provided that no post shall be created save with the prior sanction of the
Government.

38.

Functions of special area planning and development authority.

The powers and functions of the special area planning and development authority
shall be to:
(a) Prepare a development plan for the special area within the framework of
approved perspective plan, of the metropolitan area development plan, the
district development plan or the local planning area development plan, as the
case may be;
(b) Implement the development plan prepared under clause (a) after its approval by
way of formulating and executing land pooling schemes and development
schemes
(c) Carry out construction activity and to provide utilities and amenities such as
water, electricity, drainage and the like
(d) Provide and manage municipal services as specified in the Municipal Acts, if so
required by the Government; and
(e) Perform any other function which is supplemental, incidental or consequential to
any of the functions aforesaid or which may be prescribed.

39.

Special area planning and development authority to exercise certain

powers of planning and development authorities.
A special area planning and development authority shall:
(a) For the purposes of plan preparation and approval exercise the powers and follow
the procedure which a planning and development authority has to follow under
Chapter IV of this Act;
(b) For the purposes of exercising control on development and use of land exercise
such powers and follow the procedures which a planning and development
authority has to follow under chapter VI of this Act;
(c) For the purposes of preparing and implementing development scheme and land
pooling scheme, exercise the power and follow the procedure which a planning
and development authority has to follow under chapters VII and VIII of this Act,
respectively;
(d) For the purposes of acquisition, assembly and disposal of land, exercise the
powers and follow such procedures which a planning and development authority
has to follow under Chapter X of this Act; and
(e) For the purposes of providing municipal services and their management, exercise

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the powers and follow such procedure which a Municipality / Municipal

Corporation has to exercise and follow under the statutory provisions.
40.

Fund of the special area planning and development authority.

(1) Every special area planning and development authority shall have its own fund and all
receipts of that authority shall be credited therein and all payments shall be made
there from.
(2) The special area planning and development authority shall levy the developmental
charges as provided under chapter XI of this Act.
(3) The special area planning and development authority may for all or any of the purposes
of this Act:(a) Receive money by way of grants, loans, advances or otherwise from the
government or planning and development authority or any other national and
international agency;
(b) Borrow money subject to such terms and conditions as may be agreed upon.
41.

Application of Chapter XII.

The provisions contained in apply, mutatis mutandis, to development authority;
Chapter XII of this Act shall the special area planning and development authority.
CHAPTER - VI
CONTROL OF DEVELOPMENT AND USE OF LAND

42.

Use and development of land to be in Conformity with the Development

plan. Development scheme or land pooling scheme.
After the coming into operation of any development plan development scheme or a
land pooling scheme in an area, no person shall use or permit any other person to
use any land or carry out any development in that area otherwise than in conformity
with such a development plan, development scheme or a land pooling scheme.
Provided that the planning and development authority may allow on application, 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 being used on the date on
which such a plan or scheme came into operation.

43.

Prohibition of development.

(1)After the subject to institution, undertaken enforcement of this Act in an area and the
provisions of this Act, no development, or change of use of any land shall be or
carried out in that area:(a) Without obtaining a certificate from the planning and development authority
certifying that the developmental charges as leviable under this Act have been
paid or that no such developmental charges are leviable; and
(b) Without obtaining the permission in writing as provided for hereinafter;
Provided that no such permission shall be necessary:
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(I)

For carrying out such works for the maintenance, improvement or other
alteration of any building, which affects only the interior of the building or
which appearance of the building

(II)

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;

(III)

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;

(IV)

For the excavation (including wells) made in the ordinary course of

agricultural operations;

(V)

For the construction of earthen road intended to give access to land solely for
agricultural purposes;

(VI)

For normal use of land which has been used temporarily for other purposes;

(VII)

In case of land, normally used for one purpose and occasionally used for any
other purpose for the use of land for that other purpose on occasions;

(VIII)

For use, for any purpose incidental to the use of a building for human
habitation, or any other building or land attached to such building.

44.

Permission for development

(1)

Any person or body intending to carry out any development on any land shall make
an application in writing to the planning and development authority for permission in
such form and containing such particulars and accompanied by such documents, fee
and plans as may be prescribed by the rules and the regulations of this Act in
addition to statutory provisions made under the concerned Local Bodies Acts ;

(2)

On such application having been duly made, and on payment of the developmental
charges as may be assessed under Chapter Xl of this Act.
(a)

the planning and development authority may pass an order;

(I)Granting permission unconditionally; or
(II) Granting permission subject to such conditions as it may consider fit; or
(III)Refusing permission;

(b)

without prejudice to the generality of the foregoing clause, the planning and
development 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 and development authority expedient for the
purpose of the permitted development.

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(3)

The planning and development authority in dealing with the applications for
permission shall have regard to
(a) The provisions of the development plan or development scheme or land pooling
scheme in force or under preparation; or
(b) Any other material consideration;

(4)

When permission is granted subject to conditions or is refused, the grounds of

imposing such conditions or such refusal shall be recorded in this order;

(5)

Any such order shall be Communicated to the applicant in the manner prescribed by
regulations;

(6)

In the case of a department of Central or State Government or local authority

intending to carry out any development other than operational constructions on any
land, the concerned department or local authority as the case may be, shall notify in
writing to the planning and development authority, of its intention to do so, giving
full particulars thereof and accompanied by such documents and plans as may be
prescribed by the government from time to time, at least, thirty days prior to the
undertaking of such development; where the planning and development authority
has raised any objection pertaining to the proposals received under sub-section (2)
in respect of the conformity of the proposed development either to any matter in
subsection (3) or to any of the building bye-laws in force at the time, the department
or the local authority, as the case may be, shall;
(a)

Either make necessary modifications in the proposals for development to

meet the objections raised by the planning and development authority; or

(b)

Submit the proposals for development together with the objections raised by
the planning and development authority to the government for decision.
When proposals and objections have been submitted, no development shall
be undertaken until the government has finally decided on the matter;

The government on receipt of the proposals for development together with the
objections of the planning and development authority shall, in consultation with the
Director of Town and Country Planning 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 consider necessary in the
circumstances;
The Operational Constructions of the departments of Central or State Government
or local authority, as may be notified by the government from time to time, shall be
exempted from the purview of the planning and development authority;
(7)

If within thirty days after receipt of a development application, if the authority not
disposes the application as either approval or disapproval with the reasons stating,
the same shall be deemed to have been approved provided the development
proposals submitted by the applicant shall not be in contravention of the provisions
of the relevant act and the rules made there under;

(8)

No person shall commence the development work

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a)

Until he has given notice of his intention as herein before required to execute
such development and the authority has either intimated the approval of such
building or work or failed to intimate the disapproval thereof within the period
specified in this behalf in sub-section (7) of Section-44;

b)

Until he has given notice to the Town Planning Officer, concerned of the
proposed date of commencement, where the commencement does not take
place within seven clear dates of the date so notified, the notice shall be
deemed not to have been given;

c)

After the expiry of the period of one year as specified in sub-clause(7) of

Section-44 respectively, proceeding with the same;

(9)

If a person, who is entitled under sub-section(7) of Section-44 to proceed with any

development work, fails as to do within the period of one year specified this act,
respectively for proceeding with the same he may at any subsequent time give a
fresh notice of his intention for execution of the development work, and there upon
the provisions herein before contained shall apply as if such fresh notice were a first
notice of such persons intention;

(10)

The Local Authority may, at any time during the execution of development work or at
any time within three months after the completion thereof inspected the site and
may issue a written notice specifying any matter in respect of execution of
development work made in contravention of the relevant acts and rules made
thereunder and require the person to show cause vide such development work shall
not be removed, altered or pull down.

The Local Authority after fulfillment of

statutory obligations of Section 49 to 52 of this act may remove / alter such work
made in contravention of relevant acts and collects the expenses incurred thereof
shall be collected from the owner of the premises;
(11)

Every person shall within one month after completion of the development work shall
submit to the local authority a written notice of such completion accompanied by a
certificate from the licensed technical person and shall apply for permission to
occupy the premises of the development work for use;

(12)

No person shall occupy or permit to occupied any such development or use of permit
to be use the development work / building or part thereof effected by any work, until
a)

Permission has been received from the local authority in this behalf, or

b)

The authority has failed for 21 days after receipt of notice of completion to
intimate the refusal of said permission.

(13)

Any trade license granted by the competent authorities does not confer the
permission to occupy the premises unless occupancy certificate obtained from the
concerned Town Planning section of the local authority

45.

Appeal against refusal or conditional grant of permission.

(1)

Any applicant aggrieved by an order passed under sub-section (2) of section 44 may
appeal, within one month of the communication of that order or if no order is passed,
after the expiry of the period of three months from the date of submitting the

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application for permission prefer an appeal to the government or an officer appointed

by the government, in this behalf in the manner and accompanied by such fees as
may be prescribed;
(2)

The appellate authority, after receiving the appeal and after giving reasonable
opportunity to the appellant and the concerned planning and development authority
to be heard, may pass an order dismissing the appeal or allowing the appeal 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 consider fit

46.

Lapse of permission.
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 and
development authority may, on application made in this behalf before the expiry of
the aforesaid period, extend such period, for such time as it may consider proper;
but such extended period shall in no case exceed one year;
Provided further that such lapse shall not be a bar for any subsequent application for
fresh permission under this Act;

47.

Obligation to acquire land on refusal of or on grant of permission in certain

cases

(1)

Where:(a)

Any land is designated by a plan as subject to compulsory acquisition; or

(b)

Any land is allotted by a plan for the purpose of any functions of a

Government or a local authority or a statutory body, or is land designated in
such plan as a site proposed to be developed for the purposes of any
functions of any such government, authority or body; or

(c)

Any land is indicated in any plan as land on which a highway is proposed to

be constructed or included; or

(d)

Any land for the development of which permission is refused or is granted

subject to conditions, and any owner of land referred to in clauses (a), (b) or
(c) or (d) claims
(i)

That the land has become incapable of reasonably beneficial use in its
existing state; or

(ii)

Where planning permission is given subject to conditions that the land

cannot be rendered capable of reasonably beneficial use by the
carrying out of the permitted development in accordance with the
conditions; or

(e)

The owner of the land because of its designation or allocation in any plan
claims that he is unable to sell it except at a lower price than that at which he
might have reasonably expected to sell if it were not so designated or
allocated;

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The owner or person affected may serve on the government within such time
and in such manner, as may be prescribed by regulations, a notice
(hereinafter referred to as the purchase notice) requiring the appropriate
authority to purchase his interest in the land in accordance with the
provisions of this Act;
(2)

The purchase notice shall be accompanied by a copy of any application made by the
applicant to the planning and development authority, and of any order or decision of
that authority and of the government, if any, in respect of which The notice is given;

(3)

On receipt of a purchase notice the Government shall forthwith call from the
planning and development authority such report or records or both as may be
necessary, which those authorities shall forwarded to the government as soon as
possible but not later than thirty days from the date of their requisition;

(4)

On receiving such records or reports, if tie government satisfied that the conditions
specified in sub section( I) are fulfilled, and that the order or decision for permission
was not duly made on the ground that the applicant did not comply with any of the
provisions or this Act or rules or regulations, it may confirm the purchase notice, or
direct that planning permission be granted without condition or subject to such
conditions as will make the land capable of reasonably beneficial use. In any other
case, it may refuse to confirm the purchase notice, but in that case. It shall give the
applicant a reasonable opportunity of being heard;

(5)

If within a period of six months from the date on which a purchase notice is served,
the government does not pass any final order thereon, the notice shall be deemed to
have been confirmed at the expiration of that period;

(6)

If within one year from the date of confirmation of the notice, the appropriate
authority fails to make an application to acquire the land in respect of which the
purchase notice has been confirmed, the reservation, designation, allotment,
indication or restriction on development of the arid shall be deemed to have lapsed;
and thereupon the land shall be deemed to be released from the reservation,
designation or as the case may be, allotment, indication or restriction and shall
become available to the owner for the purpose of development otherwise
permissible in the case of adjacent lands under the relevant plan;

48.

Power of revocation or modification of permission to develop

(1) if a appears to the planning and development authority that it is expedient, having
regard to development plan prepared or under preparation arid to any other material
consideration that any permission to develop land granted under this Act any other
law, should be revoked or modified. the planning and development authority after
giving the person concerned an opportunity o being heard against such revocation or
modification, may, by an order, revoke or modify the permission to such extent as
appears to it to be necessary;
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(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 substantially progressed

or 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)

When permission is revoked or modified by an order made under sub-section (1), if

the owner claims from the planning and development 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 has been render abortive by the revocation or modification, the planning and
development authority shall, after giving the owner reasonable opportunity of being
heard by an officer appointed by it in this behalf, and after considering the officers
report assess and offer such compensation to the owner as it thinks fit;

(3)

If the owner does rot accept the compensation, and gives notice, within such time as
may be prescribed, of his refusal to accept, the planning and development authority
shall refer the mailer for the adjudication of the Court and the decision of the Court
shall be final and binding on the owner and the planning and development authority;

49.

Penalty for unauthorised development or for use otherwise than in

conformity with the development plan or development scheme or land
pooling scheme.

(1)

Any person who, whether at his own instance or at the instance of any other person
or anybody commences, undertakes or carries out development, institutes, or
changes use of any land or building;
(a)

In contravention of any development plan or development scheme or land

pooling scheme;

(b)

Without obtaining a developmental charges sub-section (1) of section

certificate regarding under clause (a) of sub-section (1) of Section-43;

(c)
(d)

Without permission as required under this Act;

in contravention of any condition subject to which such permission has been
granted;

(e)

After the permission for development has been revoked under section 48; or

(f)

In contravention of the permission which has been modified under section 48;

shall, on conviction be punishable with simple imprisonment for a term which may
extend to three years, or with a fine which may extend to ten thousand rupees or
with both 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;
(2)

Any person who continues to use or allows the use of any land or building in
contravention of the provisions of the development plan or development scheme or

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land pooling scheme without having been allowed under section 42 or under clause
(a) of sub-section (1) of section 80, or where the continuance of such use 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 further fine which may
extend to five hundred rupees for every day during which such offence continues
after conviction for the first commission of the offence;
50.

Power to require removal of unauthorised development

(1)Where any development of land has been or is being carried out as described in
section 49, the planning and development authority, shall serve on the owner a
notice requiring him, within such period, not exceeding one month, as may be
specified therein, after the service of the notice, to take such steps as may be
specified in the notice;
(a)

In cases specified in clauses (a), (c) or (e) of sub-section (1) of section 49

to restore the land to its condition before the said development took
place;

(b)

In cases specified sub-section (1) of compliance with the permission as

modified;

(c)

In cases specified in of section 49 to pay and such penalty, if in clause (d)

or (f) of section 47 to secure conditions or with the clause (b) of subsection (I) the developmental charges any, as may be prescribed;

(2)In particular, any such notice may, for the purposes of sub-section (1) require:(a)

The demolition or alteration of any building or works;

(b)

The carrying out on land, of any building or other operations; or

(c)

The discontinuance of any use of land;

Provided that in case the notice required the discontinuance of any use of land, the
planning and development authority shall serve a notice on the occupier also;
(3)

Any person aggrieved by such notice may, within the period specified in the notice
and in the prescribed manner:(a)

Apply for permission under section 44 this Act for the retention on the land or
any buildings or works or for the continuance of any use of the land, to which
the notice relates; or

(b)

Appeal to such authority in such manner as may be prescribed;

(a)

The notice shall be of no effect pending the final determination

(4)
Or withdrawal of the application or the appeal;
(b)
(i)

The provisions of the foregoing sections 44, 45 and 46 shall apply to

such application with such modifications as may be necessary;

(ii)

If such permission as aforesaid is granted on that application, the

notice shall not take effect, or if such permission is granted for the

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retention only of some buildings or works or for the continuance of use

of only a part of the land, the notice shall not take effect regarding
such buildings or works or such part of the land, but shall have full
effect regarding other buildings or works or other parts of the land;
(5)

The appellate authority may dismiss the appeal or accept the appeal by quashing or
varying the notice as it may consider fit which shall be final and no Civil Court shall
have any jurisdiction;

(6)

If within the period specified in the notice or within such period after the disposal or
withdrawal of the application for permission or the appeal under sub-section (3) the
notice or so much of it as continues to have effect, or the notice with variation made
in appeal, is not complied with, the planning and development authority may;
(a)

Prosecute the owner for not complying with the notice and in case
where the notice required the discontinuance of any use of land, any
other person also who uses the land or causes or permits the land to
be used in contravention of the notice; and

(b)
(i)

In the case of a notice requiring the demolition or alteration of

any building or works or carrying out of any building or other
operations, itself cause the restoration of the land to its
condition before the development took place and secure the
compliance with the conditions of the permission or with the
permission as modified, by taking such steps as the planning
and development authority may consider necessary including
demolition or alteration of any building or works or carrying out
of any building or other operations;

(ii)

The planning and development authority may recover the cost

of any expenses incurred by it in this regard from the owner as
arrears of land revenue;

(7)

Any person prosecuted under clause (a) of sub-section (6) shall be punishable with
simple imprisonment for a term which any extend to six months or with a fine which
may extend to ten thousand rupees or with both and in the case of a continuing
offence, with a further fine which may extend to five hundred rupees for every day
during which such offence continues after conviction for the first commission of the
offence;

51.

Power to stop unauthorised development.

(1)

Where any development of land as described in section 49 is being carried out but
has not been completed or within three months from the date of completion, the
planning and development authority may serve on the owner and the person
carrying out the development, a notice requiring the development of land to be
discontinued from the time of the service of such notice;

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(2)

Where such notice has been served, the provisions of clause (b) of sub-section (4)
and sub-section (5) of section 50 shall apply with such modifications as may be
necessary;
Provided that provisions of clause (a) of sub-section (4) of section 50 shall not apply
in spite of the filing of an application for permission for development or an appeal as
provided in clause (b) of sub-section (3) of section 50 and the notice shall continue to
have full effect;

(3)

Any person, who continues to carry out the development of land, whether for himself
or on behalf of the owner or any other person, after such notice has been served,
shall be punishable with simple imprisonment for a term which may extend to three
years. or with a fine which may extend to ten thousand rupees, or with both and
when the non-compliance is a continuing one, with a further fine which may extend
to five hundred rupees for every day after the date of the service of the notice during
which non-compliance has continued or continues;

(4)

If such notice is not complied with forthwith, the planning and development authority
or such officer of the planning and development authority who may be authorised in
this behalf may require any police officer to remove such person and all assistants
and workmen from the land at any time after the service of such notice and such
police officer shall comply with the requisition accordingly;

(5)

After the requisition under sub-section (4) has been complied with, the planning and
development authority or such officer of the planning and development authority
who may be authorised in this behalf, may, if he thinks fit, depute, by a written
order, a police officer or any officer or employee of the planning and development
authority to watch the land in order to ensure that the development is not continued.
The planning and development authority shall be empowered to seal the
unauthorised development;

(6)

Where a police officer or an employee of the planning and development authority

has been deputed under sub-section (5) to watch the land, the cost of such
deputation shall be paid by the person at whose instance such development is being
continued or to whom notice under sub-section (1) was given and shall be
recoverable from such person as arrears of land revenue;

52.

Removal or discontinuance of unauthorised temporary development

summarily

(1)

Not withstanding anything herein before contained in this Chapter, where any person
has carried out any development of a temporary nature unauthorisedly as indicated
in sub-section (1) of section 49, the planning and development authority may by an
order in writing direct that person to remove any structure or work erected, or
discontinue the use of land made, unauthorisedly as aforesaid, within fifteen days of
the receipt of the order; and if thereafter, the person does not comply with the order

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within the said period, the planning and development authority may request the
District Magistrate or the Commissioner of Police, or the Superintendent of Police, as
the case may be, or authorise any of its officers or servants, to have such work
summarily removed or such use summarily discontinued without any notice as
directed in the order; and any development unauthorisedly made again, shall be
similarly removed or discontinued summarily without making any order as aforesaid;
(2)

The decision of the planning and development authority on the question of what is
development of a temporary nature shall be final;

(3)

The planning and development authority may recover the cost of any expenses
incurred by in this regard from the owner as arrears of land revenue;

53.

Power to require removal of unauthorised development or use of land.

(1)

If it appears to the planning and development authority that it is expedient in the

interest of the proper planning of its areas (including the interests of amenities),
having regard to the perspective plan of the local planning area or its development
plan prepared, or under preparation, or to be prepared, and to any other material
consideration;
(a)

That any use of land should be discontinued; or

(b)

That any conditions should be imposed on the continuance thereof; or

(c)

That any building or works should be altered or removed;

The planning and development authority may, by notice served on the owner,
(I)

Require the discontinuance of that use; or

(ii)

Impose such conditions, as may be specified in the notice, on the continuance

thereof; or

(iii)

Require such steps, as may be specified in the notice to be taken for the
alteration or removal of any buildings or works, as the case may be, within
such period, being not less than one month, as may be specified therein, after
the service of the notice;

(2)

Any person aggrieved by such notice, may within the said period and in the manner
prescribed, appeal to the authority as may be prescribed;

(3)

If an appeal is filed under sub-section (2), the provisions of clause (a) of sub-section
(3) and sub-section (4) of section 50 shall apply, with such modifications as may be
necessary;

(4)

If any person:(a)

Has suffered damage in consequence of the compliance with the notice, by

the depreciation of any interest in the land to which he is entitled or by being
disturbed in his enjoyment of the land; or

(b)

Has carried out any works in compliance with the notice, and claims from the
planning and development authority within the time and in the manner
prescribed, compensation in respect of that damage, or of any expenses
reasonably incurred by him for complying with the notice, the provisions of

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sub-sections (2) and (3) of section 48 shall apply with such modifications as
may be necessary;
(5)

If any person interested in the land in respect of which a notice is issued under this
section, claims that by reason of the compliance with the notice, the land will
become incapable of reasonably beneficial use, he may within the period specified in
the notice or within such period after the disposal of the appeal, if any, filed under
sub-section (2) and in the manner prescribed, serve on the government, an
acquisition notice requiring his interest in the land to be acquired;

(6)

When a notice is served under sub-section (5), the provisions of sub-section (2) to (5)
of section 47 shall apply with such modifications as may be necessary;

54.

Interim provision pending preparation of plan.

Where the planning and development authority in exercise of its functions and
powers with respect to any area under it, is required to have regard to the provisions
of a plan before such plan has become operative, the planning and development
authority 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;

55.

Planning and development authority to include special area planning and

development authority.
For the purposes of this Chapter, the planning and development authority shall also
include special area planning and development authority;

56.

Over-riding effect of this act.

Notwithstanding anything contained in the A.P. Municipalities Act-1965 or Hyderabad
Municipal Corporation Act-1955 or Visakhapatnam Municipal Corporation Act-1979 or
Vijayawada Municipal Corporation Act-1981 or A.P. Municipal Corporation Act-1994 or
A.P. Panchayat Raj Act-1994 or contrary to the provisions contained in this Act, the
provisions of this Act shall have an over-riding effect over all such laws;

CHAPTER VII
DEVELOPMENT SCHEMES
57.

Power of the planning and development authority to take up development

schemes.
Subject to the provisions of this Act and rules and regulations made thereunder, a
planning and development authority may undertake development in any area under
its jurisdiction by framing and executing development schemes;

58.

Preparation of development schemes.

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(1)

A development scheme may be prepared for making provision for all or any of the
following matters namely;
(a)

Acquisition of land by purchase, lease or otherwise and to erect thereon such

buildings or to carry out such operations as may be necessary for the
purposes of carrying on its functions;

(b)

Establishment of a new town;

(c)

Establishment of industries, industrial estates, flatted factories, service

industries etc.;

(d)

Establishment of commercial centres, including specalised markets, wholesale

trade centres and mandies;

(e)

Establishment of tourist centres and tourism related infrastructure;

(f)

Development and landscaping of open spaces, recreational grounds, parks,

zoological and botanical gardens, public assembly grounds and social
forestry;

(g)

Conservation of ecologically sensitive areas and prevention of injury or

contamination to rivers, water bodies and sources of water supply;

(h)

Preservation and protection of heritage sites and buildings, objects of

historical importance or natural beauty and of buildings actually used for
religious purposes;

(I)

Control of floods and air and water pollution;

(j)

Housing

schemes

for

different

income

groups

including

housing

for

economically weaker sections of the society including Housing for Urban Poor;
(k)

Construction and maintenance of rest houses, night shelter, infirmaries.

homes for destitute, children, disabled, handicapped, senior citizens etc.;

(h)

Redevelopment and renewal of blighted areas;

(i)

Resettlement, rehabilitation and upgradation of slum areas;

(j)

Provision of health care, educational cultural religious and recreational

facilities;

(k)

Provision of water supply, electricity and gas; disposal of sewage, solid waste
and
refuse and manufacture of its bye-products;

(l)

Provision of sanitary arrangement including construction of drains and general

conservancy, public conveniences, etc.;

(m)

Construction, reconstruction, alteration, improvement and maintenance of

public roads and streets, bridges; parking lots, transport terminals including
railway stations, bus depots, air and seaports, bus bays and stops, street
lighting, and avenue plantation;

(n)

Provision of public transportation including mass transportation by rail or road;

(o)

Provision of communication facilities;

(p)

Provision of burial and cremation grounds;

(q)

Slaughter houses;

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(r)

Closure or demolition of dwellings and portions of dwellings unfit for human

habitation;

(s)

Demolition of obstructive buildings or obstructive portions of buildings;

(t)

Alleviation of Urban Poverty and

(u)

Such other matters not inconsistent with the objects of this Act, as may be
considered necessary;

(2)

Every development scheme shall contain details, as far as may be applicable, in

respect of
(a)

land assembly over which the development scheme is to be implemented;

(b)

layout plan and other relevant drawings and details including, if necessary,
the imposition of conditions and restrictions in regard to The open space to be
maintained about buildings, the percentage of building area for a plot, the
number, height and character of buildings allowed in specified areas, the
purposes for which buildings or specified areas may or may not be
appropriated, the sub-division of plots, the discontinuance of objectionable
uses of land in any area in reasonable periods, parking space and loading and
unloading

space

for

any

building

and

the

size

of

projections

and

advertisement signs and hoardings;

(3)

(c)

total estimated cost, sources of funding, cost recovery statement;

(d)

manner of disposal of assets, if any;

(e)

management and maintenance mechanism;

(f)

any other matter considered necessary;

The planning and development authority may, on such terms and conditions as may
be agreed upon, undertake formulation and execution of any developmental project
any where on behalf of a local authority, body corporate co-operative society, or a
department of the State or the Central Government;
Provided that permission for such development has been obtained under the
provisions of chapter VI of this Act by the concerned local authority, body corporate
or corporate society, as the case may be, the department of the State or Central
Government;

4)

No development scheme shall be framed by the planning and development authority

and no project shall be formulated by any other person or body including
departments of central and state governments unless they are in conformity with the
provisions of a plan approved under this Act;

59.

Power of the planning and development authority to engage consultants

The planning and development authority may for framing and executing a
development scheme, engage any consultant on such terms and conditions as may
be agreed upon between it and the consultant;

60.

Publication of the development scheme and its approval

(1)

As soon as may be, after a development scheme has been formulated, the
concerned the planning and development authority shall publish in atleast one local

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newspaper a notice of the preparation of the development scheme and the place or
the places where copies of the same may be inspected, inviting objections and
suggestion in writing from the public to be filed within thirty days from the date of
publication of such notice in the newspaper The notice shall indicate the date, time
and place where a public meeting shall be arranged to present the highlights of the
development scheme. The notice shall also state the name of the place or places
where a copy of the development scheme shall be available for inspection by the
public during the office hours;
Provided that no such notice under this sub-section shall be required where the
development scheme is within the framework of the approved development plan of a
local planning area;
(2)

After the expiry of the period allowed under sub-section (1) for filing objections and
suggestions, the Municipal Planner, shall consider all the objections and suggestions
received and shall after allowing reasonable opportunity of being heard, to any
person who has made a request of being so heard, make such modifications in the
development scheme as he considers proper within a period of sixty days of the date
of expiry of the notice period allowed under sub-section (1), and shall submit the said
development scheme with or without modifications for approval of the standing
planning committee of planning and development authority;

(3)

The standing planning committee, within thirty days of the submission of the
development scheme to it, either accords its approval to the scheme with or without
modifications or refuses such approval;

(4)

Immediately after a development scheme has been approved by the standing

planning committee, under sub-section (3) the Municipal Planner shall notify in
official gazette and publish a notice, in atleast one local newspaper, of the approval
of the development scheme mentioning the place or places and, the time at which
the scheme shall be open to inspection by the public;

(5)

If a development scheme is not required to be published under the provision of subsection (1), the Municipal Planner shall immediately after preparation of such
scheme place the same before the Standing Planning Committee for approval;

61.

Power of planning and development authority to setup functional agencies.

(1)

A planning and development authority with the prior approval of the government,
may set up functional agencies for, performance of such specific functions, not
inconsistent with the objects of this Act, in such cases where it considers appropriate
that it would be in public interest and would effect economy and efficiency in the
performance of the functions assigned to it;

(2)

The composition, management and the procedures of the aforesaid agencies to be

set up under sub-section (1) shall be such as may be prescribed;

62.

Auction of Floor Area Ratio.

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(1)

If the planning and development authority is satisfied that in a particular locality,

augmentation of infrastructure, particularly relating to transportation, has occurred
to such an extent that there is a scope for permitting additional built-up space by
way of additional floor area ratio (FAR) or floor space index (FSI) over and above the
permissible FAR or FSI in the area, it may prepare a scheme identifying the specific
area where such additional built-up space can be permitted by way of auction and
specifying the applicable development control norms;

(2)

The scheme prepared under sub-section (1) shall quantify the total additional builtup space to be permitted and the maximum spot FAR or FSI to be allowed by auction.
Thereupon the planning and development authority, shall auction the aforesaid
additional built-up space in the manner prescribed;
Provided that no auction shall take place unless the augmentation of infrastructure
and services mentioned in sub-section (1) has become fully operational;
CHAPTER - VIII
LAND POOLING SCHEMES

63.

Power of planning and development authority to prepare Land Pooling

Schemes
Subject to the provisions of this Act or any other law for the time being in force, the
planning and development authority shall, after the plan has come into operation, for
the purpose of implementing the proposals contained in the plan, prepare one or
more Land Pooling Schemes for any part of the area within its jurisdiction; Such a
land Pooling Scheme shall be in conformity with the Infrastructure network of the
Statutory Plan & Investment Plan and may make provision for any of the following
matters, viz.,
(a)

The laying out or relaying out of land, either vacant or already built upon;

(b)

The filling up of low-lying, swampy or unhealthy areas, or leveling up of land;

(c)

Layout of new streets or roads, construction, diversion, extension, alteration

improvement, of streets and communications network;

(d)

The allotment of land for roads, open spaces, gardens, recreation grounds, schools,
markets, green belt, transport facilities, amenities of all kinds;

(e)

Drainage inclusive of sewerage, surface or sub-soil drainage and sewage disposal;

(f)

Lighting;

(g)

Water supply;

(h)

The preservation of objects of historical or national interest or natural beauty;

Such a land pooling scheme shall make provisions for the following:
(i)

The reservation of land to the extent of Ten (10) percent from the total area for the
purpose of providing housing accommodation for weaker sections of society;

(ii)

The allotment of land from the total area covered under the land pooling scheme to
the extent of:

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(a)
(b)

ten percent for parks, playgrounds, garden and open space;

2.5 percent for social infrastructure such as schools, dispensary, public utilities
spaces and other community facilities;

(c)

five

percent to be surrendered at free of cost to the Local Planning and

Development Authority for sale for residential or commercial use and utilizing
the proceeds for the purpose of providing external infrastructural facilities or
undertaking facilities in accordance with the statutory plan;
And the balance area for circulation and plots and development use, out of the area
for development use, atleast 10 % of the area shall be set apart and developed for
lower income group (LIG).
64.

Contents of land pooling scheme

The land pooling scheme particulars or details, so far say shall contain the following
as may be necessary, that is to say:(a)

The area, ownership and tenure of all original plots covered by the land
pooling scheme;

(b)

Reservation, acquisition or allotment of land with general indication of the

uses as contained in the plan to which such land would be put and the terms
and conditions, subject to which, such land is to be put to such uses;

(c)

The laying out or relaying out of the land either vacant or already built upon;

(d)

The filling up or reclamation of low lying swamp or unhealthy areas or leveling

up of land;

(e)

The extent to which it is proposed to alter the boundaries of the original plots
in accordance with the proposed land pooling scheme as the reconstituted
final plots;

(f)

An estimate of the total cost of the land pooling scheme and the net cost to
be borne by the planning and development authority;

(g)

Proposals to allocate transferable development right to any final plot owner in

lieu of loss of area from the original plot with the consent of the owner; and

(h)

the imposition of conditions and restrictions in regard to the open space to be

maintained about buildings, the percentage of building area for a plot, the
number, height and character of buildings allowed in specified areas, the
purposes for which buildings or specified areas may or may not be
appropriated, the sub-division of plots, the discontinuance of objectionable
uses of land in any area in reasonable periods, parking space and loading
and unloading space for any building and the size of projections and
advertisement signs; and

(i)
65.
(1)

Any other particulars as may be considered necessary.

Reconstitution of original plots in to final plots

In a land pooling scheme, reconstituting the plots, the original plots into size and
shape of every reconstituted plot shall be determined so far as may be, to render it
suitable for building purposes, and where a plot is already built upon to ensure that

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the buildings, as far as possible, comply with the provisions of the land pooling
scheme as regards open spaces;
(2)

For the purpose of sub-section (1), the land pooling scheme may contain proposals:(a)

To form a final plot by reconstitution of an original plot by alteration of the

boundaries of the original plot, if necessary;

(b)

To form a reconstituted final plot from an original plot by the transfer wholly
or partly of the adjoining lands;

(c)

To allot a reconstituted final plot to any Owner dispossessed of land in

furtherance of the objectives of the land pooling scheme;

(d)

To transfer the ownership of an original plot from one person to another; and

(e)

To provide, with consent of the owners, that two or more original plots each of
which is held in ownership severally or in joint ownership shall hereafter, with
or without alteration of boundaries, be held in ownership in common as a
reconstituted plot;

66.
(1)

Declaration of intention to prepare land pooling scheme

In consultation with the Director of Town & Country Planning,

the planning and

development authority may by a resolution declare its intention to make land pooling
scheme in respect of any part of the area within its jurisdiction for which a
perspective plan or development plan has been approved;
(2)

The planning and development authority shall publish the declaration in the form of
a notice in atleast one local newspaper;

(3)

The notice published under sub-section (2) shall contain:(a)

The Resolution of the planning and development authority declaring its

intention to prepare a land pooling scheme;

(b)

the name of the place or places where a copy showing the boundary of the
area to be included in the land pooling scheme together with the proposals of
the approved perspective plan or development plan, as the case may be,
shall be open to the inspection of the public at all reasonable hours; and

(c)

An invitation to furnish information in the form prescribed (to be appended

with the notice) within thirty days from the date of publication of such notice
in respect of any title or interest which any person may have, in the land or
building covered by the intended land pooling scheme;

(4)

The planning and development authority shall forward a copy of the Resolution
together with the notice and the plan as indicated in sub-section (3) to the
Government through the Director of Town and Country Planning;

(5)

The publication of the declaration as provided under sub-section (2) shall,

notwithstanding any thing containing in the Land Acquisition Act, 1894, be deemed
to be a declaration duly made under section 4 of the said Act;

67.

Appointment of Town Planning Officer

Immediately before the declaration of the intention to prepare the land pooling
scheme, the Director of Town and Country Planning shall appoint a Town Planning

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Officer possessing qualifications as contemplated in Section 154 of this Act for

preparation of the land pooling scheme;
68.
(1)

Preparation of land pooling scheme

Immediately after the appointment of Town Planning Officer,

the Town Planning

Officer shall, in accordance with the prescribed procedure, proceed to formulate a

draft land pooling scheme within one year from the date of his appointment under
section 67 in accordance with the provisions of sections 64, and 65;
(2)

Immediately after the draft land pooling scheme has been prepared, the Town
Planning Officer shall convene a meeting of the owners of original plots through a
public notice and explain the salient features of the draft land pooling scheme. Brief
proceedings of the aforesaid meeting shall be recorded;

(3)

The Town Planning Officer shall immediately thereafter proceed to prepare the final
draft land pooling scheme taking into account the record of the meeting under subsection (2) and also proceed to determine any or all matters as given below:
(a)

Define, demarcate and decide the areas allotted to, or reserved for a public
purpose

of

the

planning

and

development

authority

and

also

the

reconstituted final plots;

(b)

Decide the person or persons to whom a reconstituted plot is to be allotted;

when such plot is to be allotted; and in case such plot is to be allotted to
persons in ownership in common, decide the shares of such persons;

(c)

Estimate the value of and fix the difference between the values of the original
plots and the values of the reconstituted final plots included in the land
pooling

scheme

in

the

manner

as

prescribed

arid

the

amount

of

compensation payable for loss of the value and the area or in lieu thereof the
extent of allowable transferable development right if the owner so agrees.
(d)

Estimate the compensation payable for the loss of the area of the original plot
in respect of any original plot which is wholly acquired under the land pooling
scheme or in lieu thereof, estimate allowable transferable development right
with the consent of the owner;

(e)

Determine the amount of exemption, if any, from the payment of the

contribution that may be granted in respect of plots or portions thereof
exclusively used or occupied for institutional, religious or charitable purposes
on the date on which public notice declaring the intention of preparation of
the land pooling scheme is published under section 66;

(f)

Calculate the contribution to be levied on each reconstituted plot included in

the land pooling scheme, in order to partly meet the cost of the land pooling
scheme which shall be levied on all final plots excluding those allotted to
planning and development authority in proportion to the area of the final
plots allotted to each owner on pro-rata basis;

(g)

Where a plot is subject to a mortgage with possession or a lease, decide the

proportion of compensation payable to or contribution payable by the

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mortgagee or lessee on the one hand and the mortgagor or lessor on the
other;
(h)

Estimate in reference to claims made before him, after the notice given by
him in the prescribed manner, the compensation to be paid to the owner of
any property or right injuriously affected by the making of a land pooling
scheme in accordance with the provisions contained in section 89;

(i)

Determine the period in which the works provided in the land pooling scheme
shall be completed by the planning and development authority;

Provided that the Town Planning Officer may make variations in the land pooling
scheme subject to the conditions that any variation estimated by him to involve an
increase of ten percent in the total cost of the land pooling scheme or rupees one
lakh whichever is lower (subject to revision as per the consumer price index), shall
require the sanction of the planning and development authority;
(4)

Immediately but not later than one month, after the draft final land pooling scheme
has been prepared, the Town Planning Officer shall convene the second and final
meeting of the owners of original plots to whom final plots are to be allotted through
a public notice and explain the draft final land pooling scheme. Brief proceedings of
the aforesaid meeting shall be recorded;

(5)

Immediately but not later than one month, after the meeting under sub-section (4)
the Town Planning Officer shall decide all matters referred to in sub-section (3) after
taking into account the brief record of the aforesaid meeting and submit the final
draft land pooling scheme to the planning and development authority;

(6)

On receipt of the final draft land pooling scheme under sub-section (5) the planning
and development authority may make such modifications in such scheme as it may
consider necessary with the assistance of the Town Planning Officer;

(7)

Except in matters arising out of clauses (a), (b), (c), (g) and (h) of sub- section (3),
every decision of the Town Planning Officer shall be final and binding on all persons.

69.

Publication of the draft land pooling scheme.

The planning and development authority shall, within one month of the receipt of the
final draft land pooling scheme publish a public notice of the preparation of the final
draft land pooling scheme in atleast one local newspaper inviting objections and
suggestions from the public within thirty days of the date of publication of the
aforesaid notice in the newspaper. The notice shall state the name of the place or
places where a copy thereof shall be available for inspection by the public and that
the copies thereof or extracts there from certified to be correct shall be available for
sale to the public at a reasonable price;

70.

Consideration of objections and submission of final Land pooling scheme to

Government for approval

(1)

After the expiry of the period mentioned in section 69, the planning and
development authority shall examine the final draft land pooling scheme in the light
of the objections that may have been received and after giving reasonable

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opportunity of being heard to all such persons who have filed objections and who
have made request for being so heard, may make such amendments as it considers
proper and prepare the final land pooling scheme;
(2)

The final land pooling scheme prepared under sub-section (1) shall be forwarded to
the Government for approval within three months from the date of expiry of notice
under section 69 through the Director of Town and Country Planning;

71.

Approval of Government and date of commencement of the land pooling

scheme
The Government, on advise of the Director of Town and Country Planning within a
period of sixty days from the date of receipt of land pooling scheme, approve the
land pooling scheme with or without modifications by a notification in the Official
Gazette and in atleast one local newspaper and the land pooling scheme shall come
into operation from the date of aforesaid notification;
72.
(1)

Appeal
From every decision

of the Town Planning Officer contained in the land pooling

scheme in matters arising out of clauses (a), (b), (c), (g) and (h) of sub-section (3) of
section 68 shall forthwith communicated to the party concerned in the prescribed
form and any party aggrieved by such decision may within one month from the date
of communicating the decision, present an appeal to the District Judge within the
local limits of whose jurisdiction the area included in the land pooling scheme is
situated;
(a)

The District Judge may transfer the appeal filed before him to the Additional
District Judge for disposal;

(b)

The District Judge or the Additional District Judge, as the case may be, after
making such enquiry as he may think fit, may either direct the planning and
development authority to reconsider the decision or accept, modify, vary or
reject the decision contained in the approved land pooling scheme and shall
decide all matters arising out of clauses referred to in sub-section (1);

(c)

The decision of the District Judge or the Additional District Judge, as the case
may be, shall be final and conclusive and binding on all persons. A copy of the
decision in appeal shall be sent to Government and the planning and
development authority;

(2)

All other decisions pertaining to clauses (d) to (f) (both inclusive) and clause (i) of
sub-section (3) of section 68 contained in the land pooling scheme shall forthwith be
communicated to the party concerned and any party aggrieved by such decision
may within thirty days from the date of communication of the decision, appeal to the
Tribunal for Land Pooling Scheme constituted under section 74, in the manner and
accompanied by such fee as may be prescribed;

(3)

Notwithstanding anything contained in section 72, the filing of an appeal in matters

referred to in sub-section (3) of section 68 to the prescribed authority or to the

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Tribunal of Appeal for Land Pooling Scheme, as the case may be, shall not operate as
a bar to the execution of the land pooling scheme;
(4)

The provisions of sections 5, 12 and 14 of the Indian Limitation Act, 1963 shall apply
to appeals submitted under this section;

73.

Effect of land pooling scheme

(1)

On and after the day on which a land pooling scheme comes into force:(a)

All lands required by the planning and development authority shall, unless it
is otherwise determined in such scheme, vest absolutely in the planning and
development authority free from all encumbrances;

(b)

All rights in the original plots which have been reconstituted as final plots
shall stand determined, and the final plots shall become subject to the rights
settled by the planning and development authority and the land records shall
be changed accordingly by the concerned authority;

(c)

The planning and development authority shall hand over possession of the
final plots to the owners to whom they are allotted in the land pooling
scheme;

74.

Constitution of Tribunal for Land Pooling Scheme.

(1)

The Tribunal for Land Pooling Scheme shall be a permanent Tribunal to be appointed
by the Government consisting of a Chairperson and two assessors for all land pooling
schemes within the district;

(2)

The Chairperson of the Tribunal for Land Pooling Scheme shall be the District Judge.
The Regional or Divisional Head of the Public Works Department and a Town Planner
not below the rank of Deputy Director of Town Planning shall be the two assessors.
The assessors shall be appointed by the Government;

(3)

The Town Planning Officer shall be present at the proceedings before the Tribunal for
Land Pooling Scheme. He shall not be required to give evidence but the Chair person
may require him to assist the Tribunal in an advisory capacity;

(4)

The Government may, if it thinks fit, remove for incompetence or misconduct or any
other good and sufficient reason any assessor appointed under sub-section (2);

75.

Place where Tribunal for land pooling scheme may list

The Tribunal for land pooling scheme may sit either at the headquarters of the
Chairperson or at any other place within the local limits of his jurisdiction which he
may deem convenient for consideration and decision of any matter before such
Tribunal for Land Pooling Scheme;

76.

Decision on questions of law and other questions.

All questions of law and procedure shall be decided by the Chairperson. All other
questions shall be decided by the Chairperson and the two assessors or by a
majority;

77.

Tribunal for land pooling scheme not to be court

Nothing contained in this Act shall be deemed to constitute the Tribunal for Land
Pooling Scheme to be Court;

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78.

Remuneration of Assessors and payment of incidental expenses of Tribunal

for land pooling scheme.

(1)

In exceptional cases where the Land Pooling Scheme is a large one or the work
involved is complicated, the Government may authorise the Chairperson and the
assessors even to receive such special salary or remuneration, as the Government
may, by order, decide from time to time;

(2)

(All expenses under sub-section (1) and all expenses incidental to the working of the
Tribunal for Land Pooling Scheme shall be defrayed out of the funds of the planning
and development authority and shall be added to the cost of the land pooling
scheme;

79.

Disputed ownership

(1)

Where there is a disputed claim as to the ownership of any piece of land included in
an area in respect of which declaration of intention to prepare a land pooling scheme
has been made under sub-section (1) of section 66 and any entry in the records of
rights or mutation register relevant to such disputed claim is inaccurate or
inconclusive, an enquiry may be held by the Collector on a submission being made
by the planning and development authority at any time for the purpose of deciding
who shall be deemed to be the owner for the purpose of this Act;

(2)

Such decision shall not be subject to appeal but it shall not operate as a bar to a
regular suit;

(3)

Such decision shall, in the event of the civil court passing a decree which is
inconsistent therewith, be corrected, modified or rescined in accordance with such
decree as may be practicable after such decree has been brought to the notice of the
planning and development authority either by the Civil Court or by any person
affected by such decree;

(4)

Where such a decree of the court is passed after the scheme has been notified under
section 71 such scheme shall be deemed to have been suitably varied by reason of
such decree;

80.

Restrictions on use and development of land after declaration of intention

to prepare a land pooling scheme.

(1)

On or after the date on the intention to prepare, published the declaration of land
pooling scheme is under sub-section(2) of section 66;
(a)

no person shall within the area included in the declaration erect or proceed
with any building work remove, pull down, alter, make additions to or make
any substantial repair to any building, part of a building, a compound wall or
any drainage work or remove any earth, stone or material, or sub-divide any
land or change the use of any land or building unless such person has applied
for and obtained necessary permission from the planning and development
authority in the torn prescribed;

(b)

The planning and development authority on receipt of such application shall

at once furnish the applicant with a written acknowledgement of it receipt

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and may, after an enquiry, either grant or refuse such permission or grant it
subject to such conditions as the planning and development authority may
think fit to impose. If the planning and development authority communicates
no decision to the applicant within thirty days from the date of such
acknowledgement, the applicant shall be deemed to have been granted such
permission;
(c)

If any person contravenes the provisions contained in clause (a) or clause (b),
the planning and development authority may direct such person by a notice
in writing to stop any work in progress, and after making inquiry in the
prescribed manner, remove, pull down, or alter arty building or other work or
restore the land in respect of which such contravention is made to its original
condition;

(d)

Any expenses incurred by the planning and development authority under

clause (c) shall be a sum due to such authority under this Act from the person
in default or the owner of the plot;

(2)

No person shall be entitled to compensation in respect of any damage, loss or injury

resulting from any action taken by the planning and development authority under
sub-section (1) except in respect of a building or work begun or a contract entered
into before the date on which the planning and development authority has published
the declaration to prepare the land pooling scheme under sub-section (2) of section
66 and only in so far as such building or work has proceeded at the time of the
publication of the aforesaid declaration;
Provided that such claim to compensation in the exceptional cases shall be subject to
the conditions of any agreement entered into between such person and the planning
and development authority;

(3)

Where under section 64:

(a)

the purpose to which any plot of land may not be used has been specified,
such plot of land shall, within such period of not less than one year, as may
be stipulated in the scheme, cease to be used for such purpose and shall be
used only for the purpose specified in the land pooling scheme;

(b)

the purpose to which any existing building may not be used has been
specified, such building shall, within such period of not less than three years
as may be specified in the scheme, cease to be used for the purpose other
than the purposes specified in the land pooling scheme;

(c)

the purpose to which any plot of land with existing buildings may not be used
has been specified in the land pooling scheme and the existence of such
buildings is inconsistent with the provisions of the land pooling scheme, such
buildings shall, within a period of not less than ten yearn or a period as may
be stipulated in the land pooling scheme cease to exist;

Provided that such a period shall not be less than the reasonable life of the building;
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(4)

Any person aggrieved by the decision of the planning and development authority
under this section may, within thirty days from the date of the decision, appeal to
the authority as may be prescribed and the order of the said authority in appeal shall
be final;

(5)

The provision of Chapter IV shall, mutatis mutandis, apply in relation to the

unauthorised development or use of land included in a land pooling scheme;

(6)

The restrictions imposed by this section shall cease to operate in the event of the
land pooling scheme being withdrawn by the planning and development authority on
its own or on the direction of the Government under section 81;

81.

Withdrawal of land pooling scheme by the planning and development

authority.
(1)

If at any time before the land pooling scheme is published under section 69, a
representation is made to the planning and development authority by a majority of
the owners in the area that the land pooling scheme should be withdrawn, the
planning and development authority shall invite from all persons interested in the
land pooling scheme, objections to such representation;

(2)

On receipt of the objection, and after making such inquiry as it may think fit, the
planning and development authority by a notification in the Official Gazette,
withdraw the land pooling scheme and upon such withdrawal, no further proceedings
shall be taken in regard to such scheme;

(3)

Simultaneously with such withdrawal, the planning and development authority shall
submit to the Government the copy of the notice withdrawing the land pooling
scheme and a report of its enquiry made in this behalf;

(4)

At any time prior to the publication of the land pooling scheme under section 69, the
Government if it is satisfied that it is in the public interest, may direct the planning
and development authority to withdraw a land pooling scheme. Thereupon the
planning and development authority shall withdraw the land pooling scheme by a
notification published in the Official Gazette. Upon such withdrawal no further
proceedings shall be taken in regard to such land pooling scheme.

82.
(1)

Power of planning and development authority to evict summarily

On and after the day on which a land pooling scheme comes into force, any person
continuing to occupy any land which he is not entitled to occupy under the land
pooling scheme may, in accordance with the prescribed procedure, be summarily
evicted by the planning and development authority or any of its officers authorised
in that behalf with the help of police;

(2)

If the planning and development authority is opposed or impeded in evicting such

person or taking possession of the land from such person, the District Magistrate
shall, at the request of the planning and development authority enforce the eviction
of such person or secure delivery of possession of the land to the planning and
development authority;

83.

Power to enforce land pooling scheme.

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(1)

On and after the date on which the approval of a land pooling scheme has been
notified, under section 71 the planning and development authority after giving the
prescribed notice and in accordance with the provisions of the land pooling scheme;
(a)

remove, pull down, or alter any building or other work in the area included in
the land pooling scheme which is such as it contravenes the land pooling
scheme or in the erection of which or carrying out of which, any provision of
the land pooling scheme has not been complied with;

(b)

execute any work which it is the duty of any person to execute under the land
pooling scheme, in such case where it appears to the planning and
development authority that delay in the execution of the work would
prejudice the efficient operation of the land pooling scheme;

(2)

Any expenses incurred by the planning and development authority under this section
may be recovered from the person in default or from the owner of the original plot in
the manner provided for the recovery of sums due to the planning and development
authority under the provisions of this Act;

(3)

If any action taken by the planning and development authority is questioned, the
matter shall be referred to the Government or any officer authorised by the
Government in this behalf; and the decision of the Government or of the said officer,
as the case may be, shall be final and conclusive and binding on all persons;

84.

Power to make minor variations in land pooling scheme on ground of error,

irregularity or informality

(1)

If after the land pooling scheme has come into force, the planning and development
authority considers that the land pooling scheme is defective on account of an error,
irregularity or informality or that the land pooling scheme needs variation or
modification of a minor nature, the planning and development authority shall, by a
notice in the local newspaper publish a draft of such variation in the prescribed
manner;

(2)

The draft variation published under sub-section (1) shall state every amendment
proposed to be made in the land pooling scheme;

(3)

The draft variation shall be open to the inspection of the public at the office of the
planning and development authority during office hours;

(4)

Not later than one month of the date of the publication of the draft variation, any
person affected thereby may communicate in writing his objection to the planning
and development authority;

(5)

After receiving the objections under sub-section(4) the planning and development
authority shall after making such enquiry as it may think fit, notify the variation with
or without modification by notification in the Official Gazette and in a local
newspaper;

(6)

From the date of the notification of the variation in the Official Gazette, with or
without modifications, such variation shall take effect as if it were incorporated in the
land pooling scheme;

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85.

Power to vary land pooling scheme

A land pooling scheme may at any time be varied by a subsequent land pooling
scheme prepared and published in accordance with this Act;
Provided that, when a land pooling scheme is so varied, the provisions of this Act
shall, so far as may be applicable, apply to such variation and making of subsequent
land pooling scheme; and the date of publication of the varied scheme shall, for the
purposes of section 80, 87, and 88 be deemed to be the date of publication of
scheme referred to in these sections;

86.

Apportionment of cost of land pooling scheme withdrawn

In the event of a land pooling scheme being withdrawn, the cost of the land pooling
scheme shall be borne by the planning and development authority or be paid to the
planning and development authority, as the case may be, by the owners concerned,
in such proportion as the Government may in each case determine;

87.

Cost of land pooling scheme

(1) The cost of a land pooling scheme shall include :(a)

All sums payable by the planning and development authority, under the
provisions of this Act which are not specifically excluded from the cost of the
scheme;

(b)

All sums spent or estimated to be spent by the planning and development

authority;
(i)

In the making of the land pooling scheme;

(ii)

In the execution of the land pooling scheme; and

(iii)

In the execution of such part of the peripheral and bulk services as

may be considered reasonable;

(c)

Three fourth of all sums payable as compensation for land reserved or

allotted for any public purpose;

(d)

All legal expenses incurred by the planning and development authority in the
making and in the execution of the land pooling scheme;

(e)

The amount by which the total of the values of the original plots exceeds the
total of the values of the plots included in the final land pooling scheme, each
of such plots being estimated at its market value on the date of publication of
declaration of intention under section 66 with all the buildings and works
thereon on that date and without reference to improvements contemplated in
the scheme other than improvements due to the alteration of its boundaries;

(2)

The estimated cost of works referred to in sub-clauses(ii) and (iii) of clause (b) of sub
section (1) shall be as per the schedule of rates applicable on the date the land
pooling scheme is published by a public notice under section 69 and shall include
such escalation as may be considered reasonable;

88.

Contribution towards cost of land pooling scheme

(1) The cost of the land pooling scheme shall be met wholly or in part by a contribution to
be levied by the planning and development authority on each final plot included in
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the land pooling scheme calculated by the Town Planning Officer in proportion to the
ratio of the area of each final plot to the sum total of the area of final plots excluding
areas of final plots allotted to the Planning and development authority for public
purpose on pro-rata basis;
(2) The owner of each final plot included in a land pooling scheme shall be primarily liable
for the payment of the contribution leviable in respect of such plot;
89.

Compensation in respect of property or right injuriously affected by land

pooling scheme
The owner of any property or right whose interest is injuriously affected by the
making of a land pooling scheme shall, if he makes a claim before the planning and
development authority within thirty days of the receipt of the notice from the
planning and development authority be entitled to obtain compensation in respect
thereof from the planning and development authority or from any person benefited
or partly from the planning and development authority and partly from such person
as the planning and development authority may in each case determine;

90.

Exclusion or limitation of compensation in certain cases

(1)

No compensation shall be payable in respect of any property or private right of any

sort which is alleged to be injuriously affected by reason of any provisions contained
in the land pooling scheme, if under any other law for the time being in force
applicable to the areas for which such scheme is made, no compensation is payable
for such injurious affection;

(2)

The property or a private right of any sort shall not be deemed to be injuriously
affected by reason of any provision inserted in a land pooling scheme which with a
view to securing the amenity of the area included in such scheme or any part
thereof, imposes any conditions and restrictions in regard to any of the matters
specified in clause (h) of section 64;

91.

Provision for cases in which the owner is not provided with a plot in the
final land pooling scheme.

(1)

If the owner of an original plot is not provided with a final plot in the land pooling
scheme the net amount of his loss shall be payable to him by the planning &
development authority;

(2)

Where the final land pooling scheme provides for award of Transferable Development
Right to any owner of the final plot, the planning and development authority shall
furnish to such owners a certificate of Transfer of Development Right in such form
and in such manner as may be prescribed;

92.

Payment of net amount due to planning and development authority.

(1)

The net amount payable under the provisions of this Act by the allottee of a final plot
included in a land pooling scheme shall be payable to the planning and development
authority within a period of thirty days from the date of notice to him for making
payment of such amount;

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(2)

If the allottee of the final plot fails to make payment within the period stipulated
under sub-section (1) the planning and development authority shall take possession
of part of the final plot equivalent to the value of amount payable and the owner
shall be bound to execute sale deed of such part in favour of planning and
development authority and on execution of the sale deed such land shall vest with
the planning and development authority free from all encumbrances;

(3)

The planning and development authority shall be free to use, develop or sell by
auction such land to generate funds for implementation of the development plan;

(4)

The area of the final plot to be transferred to the planning and development
authority shall be based on the rates of the final plot in their undeveloped state as
determined by the Town Planning Officer under section 68 of this Act;

(5)

If the allottee of final plot on receipt of notice under sub-section (I) opts for transfer
of part of final plot in lieu of amount payable under sub-section (1) the provisions of
sub-section (2), (3), and (4) shall be applicable;

93.

Power of planning and development authority to make agreement in

respect of land pooling scheme

(1)

The planning and development authority shall be competent to make any agreement
with any person in respect of any matter which is to be provided for in the land
pooling scheme subject to the power of the Government to modify or disallow such
agreement and unless it is otherwise expressly provided therein, such agreement
shall take effect on and after the day on which the land pooling scheme comes into
force;

(2)

Such an agreement shall not in any way affect the determination of the matters as
stated in sub-section (3) of Section 68 or the right of third parties, but it shall be
binding on the parties to the agreement;
Provided that, if any agreement contains any provisions which are inconsistent with
the land pooling scheme as published by the Town Planning Officer under section 69,
such an agreement shall be void;
Provided further that, if the agreement is modified by the Government, either party
shall have the option of avoiding it, if it so elects;

94.

Recovery of arrears.
Any sum due to the planning and development authority under the provisions of this
Act or any rule or any regulation made thereunder, shall be a first charge on the plot
on which it is due, subject to the prior payment of the land revenue, if any, due to
the Government thereon and if it is not paid on demand on the day on which it
becomes due or on the day fixed by the planning and development authority, shall
be recoverable by the planning and development authority, as arrears of land
revenue;

95.

Execution of works in the land pooling scheme by planning and

development authority.

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(1)

The planning and development authority shall complete all the works provided in
land pooling scheme within the period stipulated under clause (i) of sub-section (3)
of section 68;
Provided that, in exceptional circumstances on application by the planning and
development authority, the Government may, by an order in writing specifying
circumstances grant to the planning and development authority in this behalf further
extension of time as it may deem fit;

(2)

If the planning and development authority fails to complete the work within the
period stipulated or within the period extended under sub-section (1), the
Government may, notwithstanding anything contained in sub-section (1), require the
planning and development authority to compete the works within a further period as
it may consider reasonable or appoint an officer to complete such works at the cost
of the planning and development authority;
CHAPTER - IX
PRIVATE AND JOINT SECTOR PARTICIPATION IN DEVELOPMENT

96.

Development works by promoters.

Subject to the provisions of this Act and the rules and regulations made thereunder,
a planning and development authority, for the purpose of implementing the
proposals contained in an approved plan, permit a promoter, to undertake or carry
out a development work within the area of their respective jurisdiction;

97.
(1)

Power to grant license to promoters.

The planning and development authority may grant a licence to a promoter national
or international, to undertake or carry out a development work in their respective
areas of Jurisdiction on such terms and conditions as may be mutually agreed upon
after following such procedure and on payment of such licence fee as may be
prescribed;
Provided that prior permission of the government shall be required for granting
licence to an international promoter;

(2)

Before granting such licence under sub-section (1), the planning and development
authority shall ensure that development charges as leviable under this Act have
been paid or that no developmental charges are leviable under this Act;

98.
(1)

Application for grant of licence.

Any promoter intending to undertake or carry out any development work shall make
an application in writing for grant of a license to undertake or carry out such work to
the planning and development authority in such form accompanied by such
documents and fee and in such manner as may be prescribed;

(2)

The planning and development authority may, after making such enquiry as it
considers necessary, by an order in writing;
(a)

Grant a licence in the prescribed form after the applicant has furnished to it a
bank guarantee equivalent to ten per cent of the estimated cost of the

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development work and has entered into an agreement with it containing such
details as may be considered necessary including provisions for ensuring;
(i)

That the development work shall be within the framework of the

approved plan and shall conform to the provisions of the development
control rules and applicable building rules bye-laws; and

(ii)

That the time schedule within which the development work is to be

completed shall be adhered to;

(b)

Or refuse to grant a licence after affording the applicant an opportunity of

being heard;

(3)

No licence shall be granted when the estimated cost of the development work
exceeds;
(a)

Rupees ten crores without the prior approval of the Director of Town and
Country Planning;

(b)
(4)

Rupees twenty five crores, without the approval of the Government;

The licence so granted shall be valid for a period of three years. It may, however, be
renewed for reasons to be recorded in writing from time to time for a period not
exceeding one year on payment of prescribed fee and the balance of license fee /
permit fee, if such fees are enhanced at the time of renewal;

99.

Additional provisions where cost of development work is to be realised in

advance.
Where a development work envisages realisation in advance of the cost of
development from the prospective allottees, the promoters shall deposit an amount
equivalent to twenty five per cent of the sum collected, from time to time, by him
from the prospective allottees, within a period of ten days of its realisation, in a
separate account to be maintained in a scheduled bank and pledged to the planning
and development authority. This amount can only be withdrawn on completion of the
development work;
100.
(1)

Provisions for economically weaker sections.

Where a development work for which licence is granted envisages provision of
developed plots or built-up space, such percentage of the plots or built-up space
shall be reserved for economically weaker sections of the society, as may be
mutually agreed, and the cost of development of such reserved developed plot or
built-up space shall be fully or partly, as may be agreed, distributed over developed
plots or the built spaces meant for allottees other than economically weaker
sections;

(2)

The developed plots or built space reserved for economically weaker sections of the
society shall be allotted by the promoter to only those beneficiaries who are
identified by the planning and development authority at such cost as may be
mutually agreed;

101.

Recovery of capital or maintenance cost of amenities.

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Where a licence has been granted for providing or maintaining or both providing and
maintaining any amenity, utility, service or facility, the planning and development
authority may permit the promoter to recover the capital and maintenance cost by
way of collection of users charges as may be agreed upon in the manner
prescribed under regulations;
102.

Private sector land pooling scheme by Association of Original Plot

Owners.
A registered Association of Original Plot Owners (hereinafter called the Association)
may frame a land pooling scheme within the framework of an approved plan of the
local planning area containing such particulars and details as provided in sections
64, 65 and 68 by engaging a qualified town planner;
Provided that the lands covered by such land pooling scheme shall, as far as possible
be compact and contiguous and must be approachable by an existing means of
access;
Provided further that the total area of such land pooling scheme for residential
development shall not be less than ten hectares and for commercial development
not less than one hectare;
103.

Submission of private sector land pooling scheme to the planning and

development authority.

(1)

After the land pooling scheme has been prepared under section 102, the Association
shall pay the developmental charges as applicable under Chapter XI and may submit
to the planning and development authority with such number of copies of the land
pooling scheme along with an application in such form and accompanied by such fee
and documents as may be prescribed;

(2)

On receipt of the land pooling scheme under sub-section (1) the planning and
development authority may after making such enquiry as it may consider fit,
approve it with or without modification and thereupon submit the scheme to the
government under sub-section (2) of section 70 together with report of its enquiry for
approval;
Provided that in the case of any Association shall modify the land accordance with
instructions of development authority before its government for approval;

104.
(1)

Approval of private sector land pooling scheme by government

The government may approve the land pooling scheme received under sub-section
(2) of section 103 with or without modifications. On receipt of the approval and after
getting the modifications, if any, incorporated by the Association, the planning and
development authority, by notification in the Official Gazette shah publish the
approval of the government;
Provided that the publication of the approval shall not be made unless the
Association enters into agreement with the planning and development authority that
all amenities, utilities, services and facilities as contained in the approved land
pooling scheme shall be provided and maintained by the Association at its own cost,

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and the lands reserved therefore shall not be otherwise disposed off, or sub-divided.
In case of default, provisions of section 49 shall be applicable;
(2)

The land pooling scheme shall come into force from the date of publication of
notification in the Official Gazette under section (1), from this date all rights in the
original plots which have been reconstituted as final plots shall stand determined
and the final plots shall become subject to the rights settled in the approved land
pooling scheme and the land records shall be changed accordingly by the concerned
authority;

(3)

Immediately after the notification of the approval of the land pooling scheme under
sub-section (I), the Association shall hand over the possession of the final plots to the
owners to whom they are allotted in the approved land pooling scheme;

(4)

The provisions of chapter VI shall, mutatis mutandis, apply to the private sector land
pooling scheme area in respect of control of development and use of land;

105.

Development works in joint-sector.

A planning and development authority may enter into collaboration with a promoter
or a national or international agency to jointly undertake implementation of any
development work within the framework of an approved plan on such terms and
conditions as may be mutually agreed. Such collaboration may include provision for
facilities including shelter for economically weaker sections or sharing of developed
plots and built spaces or sharing of profits;
Provided further that where the collaboration is with an international agency, prior
approval of the government shall be necessary;

106.

Rules for regulating development by private and joint sector.

The government shall frame rules for regulating development works by privatesector and under joint-sector and also private sector land pooling scheme;

107.

Reference to Arbitrator in case of disputes.

if any dispute arises out of any agreement entered with the promoter by the planning
and development authority shall be referred to the arbitrator appointed by the
government under the Indian Arbitration Act 1940;
CHAPTER - X
ACQUISITION, ASSEMBLY AND DISPOSAL OF LAND

108.

Power to acquire land, under the Land Acquisition Act, 1894.

Any land required, reserved or designated in a perspective plan, a development
plan, or an annual plan, or a land pooling scheme shall be deemed to be land needed
for a public purpose within the meaning of the Land Acquisition Act, 1894 (Central
Act 1 of 1894) and may be acquired by the government on request by the planning
and development authority;

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109.

Special provision for invocation of section 4 of Land Acquisition Act, 1894

in certain case
(1)

The notification of approval of;

(i)

The development plan of the local planning area under sub-section (11) of

section 29.
(ii)

The development scheme under sub-section (4) of section 60.

Shall, notwithstanding any thing contained in the Land Acquisition Act, 1894, be
deemed to be a declaration duly made under section 4 of the said Act.
110.

Acquisition of property by planning and development authority.

A planning and development authority may acquire any movable or immovable
property by purchase, exchange, gift, lease, mortgage, or by any other means
permissible under any law;

111.

Transfer of government land to the planning and development authority.

The government by order and on such terms and conditions as may be agreed upon
between the government and the planning and development authority may place at
the disposal of the planning and development authority any developed or
undeveloped government land situated within the jurisdiction of such authority for
the purpose of development in accordance with the provisions of this Act;

112.

Acquisition of land by way of Negotiated Settlement.

A planning and development authority may acquire land by agreement by paying
such amount as may be arrived at through negotiated settlement in such manner as
may be prescribed under regulations;

113.

Acquisition of land by way of according Transferable Development Right

A planning and development authority may, with the consent of the owner, acquire
land for public purposes by way of according transferable development right through
issue of Development Right Certificate in lieu of payment towards cost of land in such
manner as may be prescribed;
Provided that the transferable development right expressed in terms of area of total
permissible built space calculated on the basis of Floor Area Ratio or Floor Space
Index permissible for the concerned land, is utilised as additional built space over
and above the permissible built space by the owner who can use this himself or
transfer it to any other person in full or in part for use in a lower density zone as
indicated in the development plan;

114.

Acquisition of land and built space by way of Accommodation

Reservation.
A planning and development authority may, with the consent of the owner, and in
the manner prescribed, acquire land and built space for public purposes, indicated in
an approved development plan, by permitting in the form of built space guided by
permitted Floor Space Index or Floor Area Ratio in addition to built space required for
the amenity, in lieu of the cost of land and the built-up space for the amenity
transferred to the planning and development authority;
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115.

Disposal of land and other property by the planning and development

authority.
The disposal of any land acquired by the government and transferred to the planning
and development authority under sections 108 or any land transferred it under
section, 110, 111, 112, 113 or 114 or any other land with or without carrying out
development thereon, or any other immovable property belonging to the planning
and development authority, shall be done in accordance with the rules made for the
purpose in this behalf;
CHAPTER - XI
LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENTAL CHARGES
116.
(1)

Levy of Developmental Charges.

Subject to the provisions of this Act, and the rules made thereunder and with the
previous sanction of the government, every planning and development authority
shall, by a notification published in the Official Gazette, levy charges (hereinafter
called the Developmental Charges) on;
(a)

The carrying out of any development of land or building;

(b)

The change of use of land or building;

(c)

The increase in the value of land or building due to development plan, or

economic phenomenon of rise in prices;

(d)

Any development necessitating provision or augmentation of city level

infrastructure or amenity cost of which is recovered in full or in part from the
promoter or as the case may be, from the owners of the plots of land affected
by development, on a private basis (development impact exaction).

(e)
(2)

Vacant developed land (vacant developed land cess)

The rates of developmental charges, their manner of assessment and recovery shall
be such as may be prescribed;

(3)

Notwithstanding anything contained in sub-section (1), no developmental charges

shall be leviable on any land vested in or under the control or possession of the
Central Government, the State Government or any planning and development
authority;

(5)

The government may by rules provide for the exemption from the levy of
developmental charges on any land specified in the rules;

117.
(1)

Assessment of developmental charges.

The planning and development authority shall, after serving a notice on the person or
persons liable for payment of developmental charges determine, whether or not and
if so what developmental charges are leviable;

(2)

The Municipal Planner of the planning and development authority shall, after giving a
reasonable opportunity of being heard to the person or persons liable for payment of
developmental charges, make a report to the planning and development authority;

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(3)

After taking into consideration, the aforesaid report, the planning and development
authority shall assess the amount of developmental charges by an order and shall
deliver or serve a copy of such order on the person or persons liable for the
developmental charges;

(4)
118.
(1)

Such order of assessment, subject to the provisions of section 118, shall be final;
Tribunal for Developmental Charges,
The government may constitute as many Tribunals for Developmental Charges and
for such areas as it may consider necessary for hearing appeals against the orders of
a planning and development authority relating to the levy, assessment or recovery of
developmental charges under this Chapter, and no civil court shall have jurisdiction
to decide such disputes;

(2)

The Tribunal for Developmental Charges shall consist of one person who shall be a
judicial officer not below the rank of Civil Judge (Junior Division);

(3)

The Tribunal for Developmental Charges shall have the same powers as are vested in
a Civil Court under the Code of Civil Procedure, 1908 in respect of hearing of an
appeal;

(4)

Any person aggrieved by an order passed by a planning and development authority

in respect of assessment and recovery of developmental charges

may within a

period of sixty days from the date on which the order was communicated to him in
the manner prescribed, appeal against such order to the Tribunal for Developmental
Charges;
Provided that the Tribunal for Developmental Charges may admit an appeal preferred
to it after the expiration of the said period if it is satisfied that the appellant had
sufficient cause for not preferring the appeal within the period specified under subsection (4);
(5)

The appeal shall be made and verified in the prescribed manner and shall be
accompanied by such fee as may be prescribed;

(6)

In disposing off an appeal, the Tribunal for Developmental Charges may, after giving
the appellant an opportunity of making his representation and also hearing the
planning and development authority whose order is appealed against;
(a)

In the case of an order or decision on assessment of developmental charges;

(h)

Confirm, reduce, enhance, or annul such assessment;

(ii)

Set aside such assessment and direct the planning and development
authority to make a fresh assessment after such further inquiry as it
may be directed; or

(iii)
(b)

Pass such order as it may consider fit; or

In the case of any other order or decision, confirm, cancel or vary such order
or decision;

(7)

The decision of the Tribunal for Developmental Charges shall be final and binding on
all the parties to such appeal;

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(8)

Notwithstanding that an appeal has been preferred under sub-section (4) the
payment of Developmental Charges in accordance with the order or decision of
assessment against which the appeal has been preferred shall not be stayed;
Provided that the Tribunal for Developmental Charges may, in its discretion, give
such direction as it considers fit in regard to the payment of the developmental
charges before the disposal of the appeal if the appellant furnishes sufficient security
to its satisfaction for such payment, in such form and in such manner as may be
prescribed;

(9)

Any order passed by the Tribunal for Developmental Charges under the provisions of
this Chapter shall be enforced by such authority and in such manner as may be
prescribed;

(10)

The developmental charges shall be recoverable as arrears of land revenues;

CHAPTER - XII
FINANCE, ACCOUNTS AND AUDIT
119.
(1)

Fund of the planning and development authority and its application.

Every planning and development authority shall have and maintain a separate fund
called, Planning and Development Fund, to which shall be credited;
(a)

Sum of money received from the government or any other state, national or
international agency by way of grants, loans, advances, or otherwise for the
performance of functions under this Act and for any other function which the
government may assign,

(b)

All developmental charges or other charges or fees received under this Act or
rules or regulations made thereunder;

(c)

Contribution from municipalities under section 127;

(d)

Sum of money borrowed under section 151 from the market, with the
approval of government by way of debentures, bonds and other means in
accordance with the prescribed rules;

(e)

Sum of money earned from remunerative projects by way of rent or

otherwise, and disposal of its assets;

(f)

Sum of money earned from projects implemented under section 105;

(g)

Increased stamp duty received under section 123;

(h)

Charges for using agricultural land for building purposes under section 124;

(I)

Users charges received under section 126; and

(i)

Any other sum of money received by planning and development authority

from other source for performing its functions .the any

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(2)

The planning and development fund shall be applied towards meeting;

(a)

The expenditure incurred in the administration of this Act;

(b)

The cost of acquisition of land planning area for purposes development; in the
local of planned

(c)

The expenditure for development of land in the local planning area;

(d)

Any expenses incurred by a planning and development authority under this

Act in connection with preparation of perspective plan, development plan and
annual plan and planning and execution of projects and schemes unless
expressly provided otherwise in this Act; and

(e)
(3)

The expenditure for such other purposes not inconsistent with this Act.

The planning and development fund account of every planning and development
authority shall be opened and maintained in the current or savings account of the
State Bank of India or any other authorized bank. Such surplus sum of money out of
the aforesaid fund, as may be determined by the planning and development
authority in this behalf, shall be invested in such manner as may be approved by the
planning and development authority, but such investment shall be only in
government approved securities.

120.

Fund of the Board.

The Board shall have and maintain a fund to which shall be credited all the money
received by it and shall be applied towards meeting expenses for discharging their
functions under this Act. The provisions of sub-section (3) of section 119 shall apply,
mutatis mutandis, in respect of opening and maintenance of their accounts and
investments.

121.

Budget.
The Board and planning and development authority, shall prepare in such form and
such time every year, as may be prescribed, a budget in respect of the financial year
next ensuing, showing their estimated receipts and expenditure. Such number of
copies of the budget as may be prescribed shall be forwarded to the government;
(a) Directly in the case of the Board;
(b) Through the Board in the case of a planning and development authority.

122.
(1)

Accounts and Audit.

The Board and the planning and development authority shall maintain proper
accounts and other relevant records and prepare an annual statement of accounts
including the balance sheet in such form as may be prescribed;

(2)

The accounts maintained under sub-section (1) 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 concerned planning and
development authority to the Accountant General;

(3)

The Accountant General or any person appointed by him in connection with the audit
of accounts under sub-section (2), shall have the same right, privilege and authority
in connection with such audit as the Accountant General has in connection with the

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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 concerned the planning and development authority;
(4)

The accounts 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 government;
a) Directly in the case of the Board;
b) Through the Board and the concerned in the case of the planning and
development authority;

123.
(1)

Increase in duty on certain transfer of immovable property.

The duty imposed under the Indian Stamp Act (No.2) of 1899, in respect of any deed
of transfer of immovable property shall, in the case of immovable property situated
within the area under the jurisdiction of the planning and development authority be
increased by three percentum on the value of the property transferred or in the case
of a usufructuary mortgage on the amount secured by the instrument;

(2)

For the purposes of this section. section 27 of the Indian Stamp Act (No.2) of 1899,
amended, from time to time, shall be construed as if it specifically required the
particulars referred to therein to be set-forth separately in respect of;(a) Property situated in municipal areas; and
(b) Property situated outside the municipal areas;

(3)

For the purpose of this section, section 45 of that Act as modified from time to time,
shall be construed as if it referred to the planning and development authority as well
as the government;

(4)

All collections resulting from the said increase shall, after deducting incidental
expenses, if any, be paid to the concerned planning and development authority at
such time and in such manner as may be prescribed.

124.
(1)

Charges for using agricultural land for building purposes.

If any land located within the jurisdiction of a planning and development authority
the present use of which is recorded as agriculture in the records of rights
maintained by the government and the owner of such land intends to construct a
building or structure thereon for use as permissible in the development plan, the
owner thereof shall, before applying for permission to construct such building under
section 44 first apply to the concerned planning and development authority for
permission to use the land for the intended purpose.

(2)

The application under sub-section (1) shall be accompanied with a charge, which
shall be equivalent to fifty per cent of the difference in market value of the land
assessed with its agricultural use and its market value with intended use, and such
other documents, and details as may be prescribed.

125.

Contribution by the planning and development authority to the Board

Every planning and development authority at the beginning of the financial year
shall contribute a sum equivalent to half per cent of the total sum of money credited

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during the last preceding year to its planning and development fund constituted
under sub-section (1) of section 119 to the Board.
126.
(1)

Levy of users charges.

In order to recover fully or partly the capital expenditure and the cost of
maintenance of utilities, amenities, services or facilities provided by the planning
and development authority, it may levy and collect a charge from the users,
hereinafter called the users charge.

(2)

The amount of users charge to be levied and its manner of assessment and
collection shall be such as may be prescribed under regulations.

(3)

The planning and development authority may assign, on such terms and conditions,
as may be agreed, the task of providing and maintaining any utility, amenity, service
or facility, within the area of its jurisdiction, to any person or agency including an
association or body of individuals whether corporate or not and permit them to
collect such users charges from such beneficiaries and subject to such terms and
conditions as may be prescribed under regulations.

127.

Contribution by municipal bodies to the planning and development fund.

Every municipal body functioning as planning and development authority shall, at
the beginning of the financial year, contribute from the municipal fund, a sum not
less then ten per cent of its total receipts from all sources during the last preceding
year to the planning and development fund of the planning and development
authority as the government may specify, from time to time.

128.
(1)

Annual Reports.
The Board shall prepare every year a report on its activities, during that year and
submit the report to the government in such form and on or before such date as may
be prescribed and the government shall cause a copy of the report to be laid before
the State Legislature.

(2)

The planning and development authority, shall prepare every year a report on its
activities during that year clearly specifying sector wise physical targets achieved
along with relevant financial statements and submit the report to the government
and the Board in such form on or before such date as may be prescribed.

129.
(1)

Pension and Provident Fund.

The Board and the planning and development authority shall constitute for the
benefit of their whole time paid members, officers and other employees, in such
manner and subject to such conditions, as may be prescribed, such pension and
provident funds as it may deem fit.

(2)

Where any such pension or provident fund has been constituted, the government
may declare that the provisions of the Government Provident Fund Act, 1925, shall
apply to such fund as if it were a Government Provident Fund.
CHAPTER - XIII
SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS.

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130.

Action by government before issue of notification

Before coming into force the provisions of this Act in any area by notification under
sub-section (3) of section 1 with effect from such date as may be specified therein,
the government shall frame a scheme determining;
(a)

The government authorities or the planning authorities or by whatever name

called, constituted under any law in force in the area and having jurisdiction
over the concerned area, which shall cease to exist from the said date;

(b)

The transfer of all the officers and employees of the authorities as mentioned in
clause (a) above to the concerned planning and development authority, as the
case may be, from the said date;

(c)

Proportion of all properties, funds and dues which are vested in or realisable by
the authorities mentioned in clause (a) above which shall vest in or be
realisable by the planning and development authority or authorities, as the
case may be;

(d)

Proportion of all liabilities which are enforceable against the authorities

mentioned in clause (a) above which shall be enforceable by the planning and
development authorities, as the case may be;

(e)

For the purpose of realising properties, funds and dues referred to in clause (c)
above, the functions of the authorities mentioned in clause (a) above shall be
discharged by the concerned planning and development authority, as the case
may be.

131.
(1)

Power of entry.
The Director of Town and Country Planning or an officer authorised by him or any
officer authorised in this behalf by the Board or the planning and development
authority,

may enter into or upon any land or building with or without

assistants or workmen within the area under their respective jurisdiction under this
Act for the purpose of;(a) Making any enquiry, inspection, measurement or survey or taking levels or
photographs 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 made thereunder; and
(g) Doing any other thing 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
part of garden attached to such a building, no such entry shall be made
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without the consent of the occupier thereof. If no consent is given, entry

can be made by giving such occupier at least twenty four 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 the land or the 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)

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 fine which may extend to three thousand
rupees, or with both.

132.
(1)

Service of notices.
All documents including notices and orders etc. required by this Act or any rule or
regulation made thereunder to be served upon any person shall, save as otherwise
provided in this Act or rule or regulation made thereunder, 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 the building to which it relates; or
(iii)

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(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 (1); or

(b)

If the document so addressed or a copy thereof so addressed, is delivered to

some person on the land or building;

(3)

Where a document is served on a partner ship in accordance with this section, the
document shall be deemed to be served on each partner;

(4)

For the purpose of enabling any document to be served on the owner of any
property, the officer authorised in this behalf by the Board or the planning and
development authority, as the case may be, by notice in writing require the occupier,
if any, of the property to state the name and address of the owner thereof;

(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 be service upon
the minor;

(6)

A servant is not a member of the family within the meaning of this section;

133.

Public notice how to be made known and the notices, etc. to fix

reasonable time.
(1)

Every public notice given under this Act or rules or regulations thereunder shall be in
writing under the signature of such officer as may be authorised in this behalf by the
Board, the planning and development authority and shall be widely made known in
the locality to be affected thereby by 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 such authorised
officer may consider fit;

(2).

Where any notice, order or other document issued or made under the 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 rule or regulations made thereunder, the notice, order
or other document shall specify a reasonable time for doing the same;

134.

Authentication of orders and documents.

All permissions, orders, decisions, notices and other documents of the Director of
Town and Country Planning; the Board, or the planning and development authority
shall be authenticated by the signature of such officer as may be authorised by the
Director of Town and Country Planning or the Board or the planning and development
authority, as the case may be, in this behalf;

135.

Mode of proof or records.

A copy of any receipt, application, plan, notice, order, entry in a register, or other
document in the possession of the Board, the planning and development authority, if
duly certified by the legal keeper thereof or other person authorised by the Board,

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the planning and development authority 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;
136.

Restriction on the summoning of officers and servants of the Board and the
planning and development authority.
No Chairperson. Vice-Chairperson, member or officer or servant of the Board or the
planning and development authority shall in any legal proceedings to which the
Board, or the planning and development 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, unless by order of the Court made for special
cause;

137.
(1)

Offences by Companies
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 be 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)

Not withstanding anything contained in sub-section (1) where an offence under this
Act has been committed by a company and 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 officer 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)
138.

Director in relation to a firm means a partner in the firm;

Penalty for obstructing contractor or removing mark

If any person(a)

Obstructs, or molests any person engaged or employed by the Board or the

planning and development authority or any person with whom the Board or
the planning and development authority has entered into a contract, in the

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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
(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 five hundred rupees or with
imprisonment for a term which may extend to two months or both;

139.

Sanction of prosecution.
No prosecution for any offence punishable under this Act shall be instituted except
with the previous sanction of the Board, the planning and development authority
concerned or any officer authorised by the Board, or the Planning and Development
Authority, as the case may be, in this behalf.

140.

Compounding of offences.

(1)

The Board or the planning and development authority concerned or any person
authorised in this behalf by general or special order by the Board or the planning and
development authority concerned may either before or after the institution of the
proceedings compound any offence made punishable by or under this Act;

(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;

141.

Magistrates powers to impose enhanced penalties.

Notwithstanding anything contained in section 32 of the Code of Criminal Procedure,
1973, it shall be lawful for any court of a magistrate of the first class to pass any
sentence authorised by this Act in excess of its power under the said section;

142.

Right to appear by recognised agent

Every party to any proceeding before any Tribunal constituted under this Act, shall be
entitled to appear either in person or by his agent authorised in writing in that
behalf;

143.

Jurisdiction of court
No Court inferior to that of a magistrate of the first class or a magistrate of the
second class especially empowered in this behalf by the government in cases where
no magistrate of first class is available shall try an offence punishable under this Act;

144.

Fine when realised to be paid to the concerned authority.

All fines realised in connection with prosecution under this Act shall be paid to the
planning and development authority in the prescribed manner;

145.

Members and officers to be public servants.

Every member and every officer and other employees of the Board, and the Planning
and Development Authority shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code;

146.

Protection of action taken in good faith.

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No suit, prosecution or other legal proceedings shall lie against any person deemed
to be a public servant under section 145 for anything which is done or intended to be
done in good faith under this Act or any rule or regulation made thereunder;
147.

Validation of acts and proceedings.

(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, planning and development authority;

(b)

Any person having ceased to be a member of the Board, the planning and
development authority;

(c)

Any person associated with the Board, a planning and development authority
under the provisions of section 149 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)
(2)

Any omission, defect or irregularity not affecting the merits of the case.

Every meeting of the Board, or the planning and development authority, minutes of
the proceedings of which have been duly signed as prescribed, shall be taken to
have been duly convened and to be free from all defects and irregularities;

148.

Temporary association of persons.

(1)

The

Board,

the

planning

and

development

authority

and

their

respective

development integration committees and the standing planning committee of the

planning and development authority may associate with themselves in such manner
and for such purposes, as may be prescribed, any person whose assistance or advice
they may consider necessary in performing any of their functions assigned to them
under this Act;
(2)

Any person associated under sub-section (1) shall have the right to take part in the
discussions in the meeting of the Board, the respective committees and the planning
and development authorities relevant to the purpose but shall not have the right to
vote and shall not be construed as a member for any other purpose;

149.

Power to delegate.

(1)

The Board by a resolution, direct that any power exercisable by it under this Act or
rules or regulations made thereunder may also be exercised by any planning and
development authority, or a Panchayat, as the case may be, or by any officer of the
Board or the government or the planning and development authority, or a Panchayat
at as may be mentioned therein, in such cases and subject to such conditions, if any
as may be specified therein;
Provided that the delegation to an officer of the government shall require prior
government sanction;

(2)

The Director of Town and Country Planning may by an order in writing, delegate any
power exercisable by him under this Act or rules or regulation made thereunder to

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any officer of the Board or the government or any planning and development
authority or a Panchayat in such cases and subject to such conditions, if any, as may
be specified therein;
(3)

A planning and development authority by a resolution direct that any power

exercisable by it under this Act or rules or regulations made thereunder, except the
power to prepare perspective plan, development plan, annual plans or development
schemes or land pooling scheme or to make regulations may also be exercised by
any other local authority or any officer of the government or the planning and
development authority or a Panchayat in such cases and subject to such conditions,
if any, as may be specified therein;
Provided that the delegation to an officer of the government shall requires prior
sanction of the government.

(4)

A Municipal Planner may, by an order in writing, delegate any power exercisable by

him under this Act or rules or regulations made thereunder to any officer subordinate
to him in such cases and subject to such conditions, if any, as may be specified
therein;

150.

Power of the planning and development authority to borrow money.

The planning and development authority may from time to time, borrow at such rate
of interest and for such period and upon such terms, as the government may
approve, any sum of money required for efficient performance of the functions
assigned to it under this Act and rules made thereunder;

151.

Control by the Government and the Board.

(1)

The Board and the planning and development authority shall carry out such
directions as may be issued to them, from time to time, by the government for the
efficient administration of this Act and the planning and development authority shall
also carry out such directions as may be issued, from time to time, by the Board for
the purpose;

(2)

In case of any dispute in connection with the exercise of its powers and discharge of
its functions by the Board or planning and development authority under this Act, the
decision of the government on such disputes shall be final;

153.

Returns and Information

(1)

The Board, and the planning and development authority shall furnish to the
government such plans, reports, returns and other information, as the government
may, from time to time, require;

(2)

The planning and development authority and the Panchayat shall furnish to the
Board, such plans, as the reports, returns and other informations as the Board from
time to time, require;

154.

Qualifications Municipal Planner and Town Planning Officer

The Municipal Planner and the Town Planning Officer appointed under sections 21
and 67 respectively shall possess educational qualifications of Post Graduation in
Town & Country Planning recognised by the Institute of Town Planners, India

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155.

Effect of laws.

(1)

Save as provided herein before, 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)

Notwithstanding anything contained in any such other law, when permission for
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;

156.

Power to fix land values within the local planning area

(1)

Notwithstanding any thing contained in any law for the time being inforce, every
planning and development authority at an interval of every five years, after
conducting such enquiry, as may be considered necessary, fix by notification in the
Official Gazette and in the local newspaper the values of land in respect of each
municipal ward or locality of the local planning area;

(2)

Different values may be fixed for different localities in a municipal ward after taking
into consideration the use to which the land is put at the time of enquiry under subsection (1).

(3)

The notification fixing the values of land under subsection (1) shall require prior
government approval;

157.

Provisions of the perspective plan to stand modified in certain cases.

After the coming into operation of a development plan of an area, the approved
perspective plan of the same area shall stand modified or altered to the extent the
proposals in the development plan are at variance with the perspective plan;

158.

Power in make agreement.

The Board, or the planning and development authority may enter into agreement
with any person, body, agency, promoter, company, society or the government for
discharging their duties and performing their functions assigned to them under this
Act;

159.

Reference to High Court questioning the validity of the perspective plan

and development plan.

(1)

Within one month of the coming into operation of a perspective plan or a

development plan prepared by the Board, or the planning and development
authority, as the case may be, any person aggrieved by it may make an application
to the High Court questioning the validity of the perspective plan or the development
plan, as the case may be or any provisions contained therein on the following
grounds:
(a)

That it is not within the powers conferred by this Act; or

(b)

That any requirement of this Act, or any rules made thereunder have not
been complied with in relation to the making of the perspective plan or the
development plan.

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(2)

The High Court after giving an opportunity to the Board or the planning and
development authority, as the case may be, and the government to be heard;
(a)

May stay, until the final determination of the proceedings, the operation of
any provisions contained therein so far as it affects any property of the
applicant; and

(b)

May quash the plan or any provision contained therein generally or in so far
as it affects any property of the applicant, if satisfied that the concerned
perspective plan or development plan or any provision contained therein is
not within the powers conferred by this Act, or that the interest of the
applicant has been substantially prejudiced by a failure to comply with any
requirement of the Act or rules;

(3)

Subject to the above provisions, a perspective plan shall not, either before or after it
has come into operation, be questioned in any manner in any legal proceedings
whatsoever;

160.

Power to make rules

(1)

The Government may make rules by notification in the Official Gazette, to carry out
the purpose of this Act;

(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 functions and powers of the Board, the planning and development
authority and the special area planning and development authority;

(b)

The term of office and conditions of service of the members of the Board, the
planning and development authority and the special area planning and
development authority;

(c)

The qualification or disqualification for being chosen as members of the

Board, and the planning and development authorities and special area
planning and development authority;

(d)

The time and place for holding of and the procedure to be followed in the
meetings including quorum of the Board, the planning and development
authority and the special area planning and development authority;

(e)

The qualifications, functions, powers and duties of the Director of Town and
Country Planning, and the Municipal Town Planner including their conditions of
service;

(f)

The manner in which and the purpose for which any planning and
development authority may associate with itself any person under the
provisions of this Act;

(g)

The control and restriction in relation to the appointment of officers and

employees of the Board and planning and development authority including
conditions of service of such officers and employees;

(i)

The form and content of the perspective plan, the development plan, the
annual plan and the development schemes and the land pooling schemes and

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the procedure to be followed in connection with their preparation, submission

and approval and the form and the manner of their publication;
(j)

The manner of appeal to the authority under clause (b) of sub-section (3) of
section 50;

(k)

The composition, management and conduct of functional agencies under subsection (2) of section 61;

(I)

The manner of auction of additional built-up space under sub-section (2) of

section 62;

(m)

The qualifications of Town Planning Officer to be engaged under section 67;

the manner of appeal to the Tribunal for Land Pooling Scheme and the fee to
be accompanied under sub-section (2) of section 72; the procedure to evict
summarily under sub-section (1) of section 82; the manner in which variation
to land pooling scheme shall be published under sub-section (1) of section 85.

(n)

The procedure to be followed in granting licence and the licence fee to be

paid by promoters under sub-section (1) of section 97; the form of application
and documents to accompany, the amount of application fee, the form of the
licence form and the fee to be charged for revalidation of the licence under
section 98;

(o)

The form of applications, the number of copies of the land pooling schemes,
the amount of fee and the documents to accompany the application under
sub-section (1) of section 103;

(p)

Manner in which development work by private sector and joint sector shall be
regulated tinder section 106;

(q)

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;

(r)

The manner and procedure in which land shall be acquired through

negotiated settlement under section 112, by way of issue of transferable
development

right

certificate

under

section

113,

and

by

way

of

accommodation reservation under section 114;

(s)

The manner of disposal of land by a planning and development authority

under section 115.

(t)

The rates, manner of assessment and recovery of developmental charges

under sub-section (2) and exemption from its levy under sub-section (4) of
section 116; the manner of appeal under sub-section (6), the form and the
manner of furnishing security under sub-section (8) and the manner of
enforcement of the order of the Tribunal under sub-section (9) of section 118;

(u)

The form of the budget of the Board, the planning and development authority
and the special area planning and development authority, the date on or
before which it shall be prepared, the manner of preparing it and the number
of copies that have to be sent to the government under section 121;

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(v)

The time by which and the manner in which the increase in stamp duty under
section 123 shall be credited to the planning and development fund of the
planning and development authority;

(w)

The details and documents to accompany the application for change of use of
agriculture land under section 124;

(x)

The form of and the date before which the annual reports are to be submitted
under section 128;

(y)

The manner of and conditions subject to which pension and provident fund
shall be constituted under section 129: and

161.

(z)

Any other matter which has to be or may be prescribed by rules or any matter

for

efficient administration of the objectives of this Act.

Power to make regulations

The Board may, with the previous approval of the government make regulations not
inconsistent with this Act and the rules made thereunder to carry out the purposes of
this Act; and without prejudice to the generality of this power such regulations may
provide for:(a)

The powers and duties of the officers and employees of the Board, and the
planning

and

development

authorities;

the

salaries,

allowances

and

conditions of service of their officers and employees;

(b)

The terms and conditions for the continuance of use of any land used
otherwise than in conformity with a perspective plan or development plan or
an annual plan:

(c)

The amount of leviable users charges and its manner of collection under subsection (2), and terms and conditions including beneficiaries from which
users charges may be collected under sub-section (3) of section 126;

(d)

The

principles,

regulations,

guidelines,

conditions

and

planning

norms

restrictions

in

and

standards,

accordance

building

with

which

developments may be undertaken or regulated; and

(e)

Any other matter which has to be or may be prescribed by regulations and or

any matter for efficient administration of the objectives of this Act.

162.

Laying of rules before State Legislature

All rules made under this Act shall be laid for not less than thirty days, before the
State Legislature, as soon as may be, after they are made and shall be subject to
such modifications as the Legislature may make during the session in which they are
so laid or the session immediately following.

163.
(1)

Dissolution of special area planning and development authority.

Where the government is satisfied that the purpose for which any special area
planning and development authority was constituted under this Act has been
substantially achieved so as to render the continued existence of such authority
unnecessary, the government may, by notification in the Official Gazette, declare
that special area planning and development authority shall be dissolved and cease

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to exist with effect from such date as may be specified in the notification and the
special area planning and development authority shall be deemed to be dissolved
and cease to exist accordingly.
(2)

From the said date:(a)

All properties, funds and dues which are vested in, or realisable by the special
area planning and development authority shall vest in or be realisable by the
government or any agency or agencies, as may be specified by the
government in this behalf;

(b)

All liabilities which are enforceable against the special area planning and
development authority shall be enforceable by the government: or such
agency or agencies as may have been specified under clause (a);

(c)

For the purpose of realising properties, funds and dues referred to in clause
(a), the functions of the special area planning and development authority
shall be discharged by such agency or agencies as may have been specified
under clause (a).

164.

Repeal and saving

(To be drafted at the final stage to remove difficulties in regard to measures
instituted under other Acts of the State).

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