Panchayat:Repo18/Law Manual Page1113: Difference between revisions

Latest revision as of 07:01, 24 January 2019

CHAPTER X

CONTROL OF USE AND DEVELOPMENT OF LAND

61. Use and development of land to be in conformity with Master Plans and Detailed Town Planning Schemes under this Act.— After the coming into operation of a Master Plan or Detailed Town Planning Scheme under this Act, no person shall use or cause to use any land or carry out development in any land, or change the use of land otherwise than in conformity with or with prejudicial to the Master Plans and Detailed Town Planning Schemes under this Act.

Note: Provisions of Detailed Town Planning Schemes shall prevail over the provisions of the Master Plans where both Plans are in force in an area.

62. The date of coming into operation of the Plan.- The date of coming into operation of the Plan for the purpose of section 61 shall be the date of publication of the notice in the Official Gazette intimating the fact of sanction of the Plan by the Government.

63. Interim Development Orders and the restrictions after notifying the intention to prepare Plans.- (1) Notwithstanding anything contained in this Act, with the general object of controlling interim development of land included in any planning area in respect of which a decision has been taken by a resolution to prepare a plan or notified for preparing Detailed Town Planning Scheme under this Act, the Municipal Corporation, Municipal Council, Town Panchayat, Village Panchayat or Joint Planning Committee, as the case may be, may prepare Interim Development Orders and forward the same to the Government for sanction.

Note:— For the purpose of this section, the expression 'interim development' means development during the period between the date of decision taken to prepare a Plan under this Act and the date of coming into operation of the plan in the case of Master Plan and in the case of Detailed Town Planning Scheme the period between the date of notification of intention to prepare the Plan under this Act and the date of coming into operation of the Plan.

(2) Government may, in consultation with the Chief Town Planner, approve the Interim Development Orders forwarded to it under sub-section (1) with or without modifications.

(3) The main intention of the Plan shall be stated clearly in the Interim Development Orders and it may also provide for all or any of the following, namely:

(a) circulation network and building lines;

(b) space standards;

(c) prohibiting the erection or re-erection of any building or construction of any road or making of any excavation or permitting development of land either unconditionally or subject to any condition specified in the order;

(d) limiting the number of buildings, regulating the size, height, design and external appearance of buildings;

(e) restricting the manner in which buildings may be used; and

(f) prohibiting building operations or regulating such operations in respect of such matters as may be prescribed. Oct

(4) The restrictions imposed by the Interim Development Orders shall cease to operate with the coming into operation of the Plan:

7 Provided that the Interim Development Orders shall cease to operate in the event of failure to publish the Plan within the time limit prescribed for publication of the Plan under this Act:

Provided further that the Interim Development Orders shall cease to operate in the event of

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-(ii) promoting planned development as envisaged in the plans for the development authority area, through tools like Transfer of Development Rights, accommodation reservation etc.;
+{{center|'''CHAPTER X''' }}
+{{center|'''CONTROL OF USE AND DEVELOPMENT OF LAND''' }}
-(iii) set-up special function agencies, if required, and guide, direct and assist them on matters pertaining to their respective functions;
+'''61. Use and development of land to be in conformity with Master Plans and Detailed Town Planning Schemes under this Act.'''— After the coming into operation of a Master Plan or Detailed Town Planning Scheme under this Act, no person shall use or cause to use any land or carry out development in any land, or change the use of land otherwise than in conformity with or with prejudicial to the Master Plans and Detailed Town Planning Schemes under this Act.
-(iv) co-ordination of implementation of Plans under this Act in the Development Authority area;
+Note: Provisions of Detailed Town Planning Schemes shall prevail over the provisions of the Master Plans where both Plans are in force in an area.
-(v) perform such other functions as are supplemental, incidental or consequential to items (i) to (iii) above or as may be directed by the Government, the District Planning Committee or the Metropolitan Planning Committee, as the case may be, from time to time
+. The date of coming into operation of the Plan.- The date of coming into operation of the Plan for the purpose of section 61 shall be the date of publication of the notice in the Official Gazette intimating the fact of sanction of the Plan by the Government.
-'''57. Functions of Member Secretary.-'''(1) Subject to the general powers of the Development Authority and without prejudice to the powers of the Chairman under this Act, the Member Secretary who shall be the Chief Executive of the Development Authority shall have the following functions, namely:
+. Interim Development Orders and the restrictions after notifying the intention to prepare Plans.- (1) Notwithstanding anything contained in this Act, with the general object of controlling interim development of land included in any planning area in respect of which a decision has been taken by a resolution to prepare a plan or notified for preparing Detailed Town Planning Scheme under this Act, the Municipal Corporation, Municipal Council, Town Panchayat, Village Panchayat or Joint Planning Committee, as the case may be, may prepare Interim Development Orders and forward the same to the Government for sanction.
-(i) all budgetary, planning, enforcement and supervisory functions of the Development Authority;
+Note:— For the purpose of this section, the expression 'interim development' means development during the period between the date of decision taken to prepare a Plan under this Act and the date of coming into operation of the plan in the case of Master Plan and in the case of Detailed Town Planning Scheme the period between the date of notification of intention to prepare the Plan under this Act and the date of coming into operation of the Plan.
-(ii) making available to the Development Authority all the information relating to the administration and accounts of the Authority as well as other matters whenever called upon by the Authority to do so;
+(2) Government may, in consultation with the Chief Town Planner, approve the Interim Development Orders forwarded to it under sub-section (1) with or without modifications.
-(iii) preparation and submission of the annual reports and audited accounts of the Development Authority for its approval within three months of the close of every financial year and thereafter submit copies of the same to the Development Authority;
+(3) The main intention of the Plan shall be stated clearly in the Interim Development Orders and it may also provide for all or any of the following, namely:
-(iv) appointment of the staff of the Development Authority.
+(a) circulation network and building lines;
-(2) If, in the opinion of the Member Secretary, any resolution passed by the Development Authority contravenes any provision of this Act or any other law or any rule, notification, regulation or bve law made or issued under this Act or any other law or any order passed by the State Government or it is prejudicial or detrimental to the interests of the Development Authority, he shall within fifteen days of passing such resolution, refer the matter to the Government and inform the Development Authority at its next meeting of the action taken by him and until the orders of the Government on such reference are received, the Member Secretary of the Development Authority shall not be bound to give effect to the resolution.
+(b) space standards;
-'''58. Staff of Development Authority.—''' The Development Authority shall appoint such officers and staff in the Development Authority with such terms and conditions of service and salary, as may be prescribed.
+(c) prohibiting the erection or re-erection of any building or construction of any road or making of any excavation or permitting development of land either unconditionally or subject to any condition specified in the order;
-'''59. Transfer of staff, assets and liabilities of the Development Authority.'''- In case, the Development Authority constituted under this Act ceases to function, the staff, the assets and liabilities of such Authority shall be transferred to the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned in the Development Authority area or as decided by the Government.
+(d) limiting the number of buildings, regulating the size, height, design and external appearance of buildings;
-'''60. Power of Government to make rules to prescribe functions and powers of General Council, Executive Committee etc.—''' The Government may, by notification in the Official Gazette, make rules prescribing powers and functions of the General Council, Executive Committee and the Member Secretary and on any other matters relating to the functioning of the Development Authority. The term of office and conditions of the service of the non-official members of the Development Authority shall be such as may be prescribed.
+(e) restricting the manner in which buildings may be used; and
+(f) prohibiting building operations or regulating such operations in respect of such matters as may be prescribed. Oct
+(4) The restrictions imposed by the Interim Development Orders shall cease to operate with the coming into operation of the Plan:
+Provided that the Interim Development Orders shall cease to operate in the event of failure to publish the Plan within the time limit prescribed for publication of the Plan under this Act:
+Provided further that the Interim Development Orders shall cease to operate in the event of