Maharashtra Town Planning Act - Sections 1 to 56A

Remaining Provisions of Maharashtra Regional and Town Planning Act, 1966 (Part 1 - Sec 1 to 56A)

• This covers development charges, appeals, revocation of permission, actions against unauthorized development, and other provisions.

Chapter I: Preliminary

• Section 1 covers the short title, extent and commencement of the act.
• Section 2 provides the definitions of terms used in the act.

Chapter II: Provisions Relating to Regional Plans

• These provisions relate to regional plans and cover sections 3 to 14.
• Section 3 addresses the establishment of a region and alterations to its limits.
• Section 4 deals with the constitution of regional planning boards.
• Section 5 states the terms of office and conditions of service for members.
• Section 6 states dealing with resignation of members.
• Section 7 states dealing with vacancies.
• Section 8 specifies the powers and duties of the board.
• Section 9 specifies the meetings of the Regional Board.
• Section 10 involves consultation or association with experts and the Regional Planning Committee.
• Section 11 empowers the Regional Board to appoint staff.
• Section 12 addresses the expenses of the Regional Board.
• Section 13 discusses the survey of a region and preparation of a regional plan.
• Section 14 lists the contents of a regional plan.
• Section 15 discusses the submission of the regional plan to the State Government for approval.
• Section 16, contains the procedure to be followed in preparing and approving regional plans.
• Section 17 specifies publishing regional plan and the date of operation.
• Section 18 specifies restrictions on changing land use or development.
• Section 19 lists the exclusion of claims for compensation for injurious affection.
• Section 20 includes the revision or modification of a regional plan.

Chapter III: Development Plan

• Section 21 states the development plan's, declaration of intention, preparation, submission, and sanction.
• Section 22 states the contents of Development plan.
• Section 22(A) lists the modification of a substantial nature.
• Section 23 covers the declaration of intention to prepare the development plan.
• Section 24 covers the Town Planning Officer.
• Section 25 lists the provisions for survey and preparation of existing land use maps.
• Section 26 is to prepare/publish notice of Draft Development plan.
• Section 27 is for including Regional plan .
• Section 28 includes the objections to draft Development plan.
• Section 30 covers the submission of Draft Development plan.
• Section 31 lists the approval of the draft Development plan.
• Section 32 applies to Interim Development plan.
• Section 33 refers to planning within comprehensive development areas.
• Section 34 covers planning for additional areas.
• Section 35 covers the State Government-approved development plans before Act commencement.
• Section 36 concerns the development plan prepared before the Act went into effect.
• Section 37 specifies, after final plan, modifications.
• Section 37A specifies Power of State Government or Planning Authority to permit temporary change of user.
• Section 38 specifies Revision of Development plan.
• Section 39 specifies Variation of town planning scheme by Development plan.
• Section 40 specifies the need for Developing certain notified areas.
• Section 41 specifies Planning Authority to be met by contribution by local authorities
• Section 42 specifies the implementation of plans.

Chapter III A : Area Development Authority

• 42A specifies Declaration of development area.
• 42B specifies Exclusion of whole or part of development area from operation of Act.
• 42C specifies onstitution of Area Development Authority.
• 42D specifies Appointment of Area Development Authority.
• 42E specifies Control by Metropolitan Planning Committee and District Planning Committee.
• 42F specifies Powers and functions of Area Development Authority.
• 42G Expenses of Area Development Authority.

Chapter IV: Control of Development and Use of Land Included in Development Plans.

• Section 43 controls Restrictions on land development.
• Section 44 covers Applications requesting development permissions.
• Section 45 covers permission grants and denials.
• Section 46 specifies Development plan.
• Section 47 discusses the possibility of Appeals for land permissions.
• Section 48 involves the termination of land permission.
• Section 49 concerns obligations to acquire land after permission denial or conditional grants.
• Section 50 states the removal of a reserved land designation for interim or final planns.
• Section 51 covers permission modifications or revocations for development.
• Section 52 lists the penalties for illegal developments non-conforming to land use plans.

Unauthorised Development and Penalties

• MRTP Act has very stringent provisions to deal with unauthorised development / constructions.
• Section 52A: Related to specific development compounding structure regulations.
• Section 53 covers the power needed to remove illegal development.
• Section 54 empowers one to stop construction.
• Section 55 covers for temporal nature structures.
• Section 56 covers development or use of land within areas.
• Section 56 A lists against officials to take action against unauthorized construction.

Act Definitions

• Act came into force 11th Jan 1967.
• Amenity includes roads, streets, open spaces, parks, recreational grounds, play grounds, sports complex, parade grounds, gardens, markets, parking lots, primary and secondary schools and colleges and polytechnics, clinics, dispensaries and hospitals, water supply, electricity supply, street lighting, sewerage, drainage, public works and includes other utilities, services and conveniences.
• Appropriate Authority means any public authority on whose behalf land is designated for a public purpose in any plan or scheme and which it is authorised to acquire.
• Development plan means a plan for the development or re-development of the area within the jurisdiction of a Planning Authority and includes revision of a development plan and proposals of a special planning Authority for development of land within its jurisdictions.
• Building operations includes erection or re-erection of a building or any part thereof, roofing or re-roofing of any part of a building or of any open space, any material alteration or enlargement of a building, any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangement or materially affect its security or the construction of a door opening on any streets or land not belonging to the owner.
• Compounded structure " means an unauthorized structure, in respect of which the compounding charges as levied by the Collector under the provisions of sub-section (2B) of section 18 are paid by the owner or occupier of such structure and which, upon such payment, has been declared as such by the Collector.
• Development right means right to carry out development or to develop the land or building or both and shall include the transferable development right in the form of right to utilise the Floor Space Index of land utilisable either on the remainder of the land partially reserved for a public purpose or elsewhere, as the final Development Control Regulations in this behalf provide.
• Local authority means the Bombay Municipal Corporation constituted under the Bombay Municipal Corporation Act or the Nagpur Municipal Corporation constituted under the City of Nagpur Corporation Act, 1948, or any Municipal corporation constituted under the Maharashtra Municipal Corporations Act.
• Council and a Nagar Panchayat constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
• Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.
• Authority constituted under the Maharashtra Housing and Area Development Act, 1976.
• Nagpur Improvement Trust constituted under the Nagpur Improvement Trust Act, 1936.
• Which is permitted by the State Government to exercise powers of P. A.
• Planning Authority" means a local authority and shall include, a Special Planning Authority constituted or appointed or deemed to have been appointed under section 40 and in respect of the slum rehabilitation area declared under section 3C of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, the Slum Rehabilitation Authority appointed under section 3A of the said Act.

Other Provisions of the Act

• Section 32 covers the implementation of a draft Development plan, a Planning Authority that may prepare an interim Development plan for the entire area within the jurisdiction of the Planning Authority, or for any part thereof and publish a notice in the Official Gazette and in such other manner as may be prescribed regarding its preparation;
• The Planning Authority shall prepare plan and publish notice no later than one year with the date of notice in the Official Gazette.
• Interim Development plan shall provide only for matters mentioned clauses, and of section 22, and if necessary, such other matters of that section as the Planning Authority may decide to include or as may be directed by the State Government.
• use of for residential, industrial, commercial, etc.
• proposal for schools, colleges, health etc.
• proposals for open spaces, playground, playgrounds etc.
• Section 33 Any time after the publication of notice regarding preparation of draft Development Plan may prepare plan or plans showing proposals for areas which in the opinion of the Planning Authority should be developed, specific areas urban renewal,shopping center, civic center, buildings and structure or any other architectural layout.

Section ( 40 & 115) Special Planning Authority

• The State Government may, by notification in the Official Gazette for any undeveloped area specified in the notification constitutes consisting of a Chairman, Vice-Chairman, A member representing the notified area, Engineer, Public Health Works and Secretory.
• Government can also designate the authority constituted under act 1976 or any metropolitan region development .
• The Planning Authority shall submit to the State Government its proposals for development acquired . The committee has all power have a committee under 116.
• The committee may determine inviting objections with public within the period specified notice . The committee also provide regional plan of development.

Planning Proposals Requirements ( Section 115 & 117)

• After planning the committee proposal it shall prevail on other . If land has been acquired it a notice written special planning .The State Govt determine a area each of the local the area local shall by contribution either in lump sum or instalments.
• Implementation of plans. and duty of it shall be duty to carry every planning authority to the state government.

Area Development Authority (Section 42)

• The State Government may may provide secure planning in sector development it provide the boundry .The two sectors into sector one any one may also governed by 42 to 47 sections.
• An Area Development Authority member, namely consist of President and chairmen municipal corporations officer rank chief executive .The area is control metropolitan District Planning

Covers development charges, appeals, actions against unauthorized development, and regional plans. Includes definitions, establishment of regions, and duties of planning boards under the Maharashtra Regional and Town Planning Act, 1966.