Podcast
Questions and Answers
Who is responsible for levying a development charge within their jurisdiction?
Who is responsible for levying a development charge within their jurisdiction?
- The Local Government Authority
- The Ministry of Urban Development
- The Land Owner's Association
- The Planning Authority or the Development Authority (correct)
What is the development charge levied on?
What is the development charge levied on?
- The development authority's employees
- The local government authority
- The land owner's association
- Any person who institutes or changes the use of any land or undertakes development (correct)
Under what circumstances may development charge be levied separately for the building and the land?
Under what circumstances may development charge be levied separately for the building and the land?
- When the land is used for agricultural purposes
- When the land is used for a purpose independent of the building (correct)
- When the land is used for a purpose dependent on the building
- When the land is used for industrial purposes
What determines the rate of development charge?
What determines the rate of development charge?
What is the development charge levied in relation to?
What is the development charge levied in relation to?
Under which category would a factory be classified for development charge purposes?
Under which category would a factory be classified for development charge purposes?
Before which date must a development permission have been granted to be exempt from development charge?
Before which date must a development permission have been granted to be exempt from development charge?
What is the purpose of classifying the user of land and building?
What is the purpose of classifying the user of land and building?
What happens to the development charge rate if the Authority reduces it?
What happens to the development charge rate if the Authority reduces it?
In which category would a school be classified for development charge purposes?
In which category would a school be classified for development charge purposes?
What is the effect of a Vital Urban Transport Project on development charges?
What is the effect of a Vital Urban Transport Project on development charges?
Before which date must a development permission have been granted for land development, including permission for sub-division of land, to be exempt from development charge?
Before which date must a development permission have been granted for land development, including permission for sub-division of land, to be exempt from development charge?
Who is responsible for levying and collecting development charge?
Who is responsible for levying and collecting development charge?
What is the basis for classifying the user of land and building?
What is the basis for classifying the user of land and building?
At what rate is development charge levied and collected by the Authority?
At what rate is development charge levied and collected by the Authority?
What is the meaning of the term 'Vital Urban Transport Project'?
What is the meaning of the term 'Vital Urban Transport Project'?
Who decides the rate of development charge and fixes it from time to time?
Who decides the rate of development charge and fixes it from time to time?
Under what circumstances can the Maharashtra Industrial Development Corporation levy development charges at a rate lower than specified?
Under what circumstances can the Maharashtra Industrial Development Corporation levy development charges at a rate lower than specified?
What is the procedure that the Authority must follow before enhancing or reducing the rate of development charge?
What is the procedure that the Authority must follow before enhancing or reducing the rate of development charge?
What happens when the regulations in respect of development charge are sanctioned by the State Government?
What happens when the regulations in respect of development charge are sanctioned by the State Government?
How are the regulations referred to in sections 124B and 124C displayed?
How are the regulations referred to in sections 124B and 124C displayed?
What is the procedure when the rates at which the development charge is leviable are enhanced or reduced?
What is the procedure when the rates at which the development charge is leviable are enhanced or reduced?
Who is required to apply for the assessment of development charge payable?
Who is required to apply for the assessment of development charge payable?
When does a person need to apply for the assessment of development charge payable?
When does a person need to apply for the assessment of development charge payable?
What is the purpose of section 124E?
What is the purpose of section 124E?
In what circumstances may the Authority postpone the assessment of the development charge?
In what circumstances may the Authority postpone the assessment of the development charge?
What is the period within which the amount of development charge must be paid?
What is the period within which the amount of development charge must be paid?
At what rate of interest shall any amount outstanding be payable?
At what rate of interest shall any amount outstanding be payable?
Who is responsible for collecting all development charges due under this Act?
Who is responsible for collecting all development charges due under this Act?
What is the first charge on the land or building in respect of which development charge is payable?
What is the first charge on the land or building in respect of which development charge is payable?
Who is liable to pay the development charge in respect of any land or building?
Who is liable to pay the development charge in respect of any land or building?
In what circumstances shall the liability to pay the development charge be that of the promoter?
In what circumstances shall the liability to pay the development charge be that of the promoter?
What is the consequence of non-payment of the development charge within the specified period?
What is the consequence of non-payment of the development charge within the specified period?
Is development charge levied on institution of use or of change of use, or development of, any land or building vested in or under the control or possession of the Central or State Government or of any local authority?
Is development charge levied on institution of use or of change of use, or development of, any land or building vested in or under the control or possession of the Central or State Government or of any local authority?
What is the purpose of serving a notice in writing on the person liable to such payment?
What is the purpose of serving a notice in writing on the person liable to such payment?
What is the primary purpose of the fund credited with money from time to time?
What is the primary purpose of the fund credited with money from time to time?
Where will surplus moneys at the credit of the fund be deposited?
Where will surplus moneys at the credit of the fund be deposited?
What happens when a person commences development without paying the development charge?
What happens when a person commences development without paying the development charge?
What is the punishment for continuing development work after being served a notice?
What is the punishment for continuing development work after being served a notice?
What happens if a person fails to demolish the development work as required under the notice?
What happens if a person fails to demolish the development work as required under the notice?
What is the purpose of the additional amount levied and collected due to an increase in the development charge?
What is the purpose of the additional amount levied and collected due to an increase in the development charge?
What is the consequence of non-compliance with the notice?
What is the consequence of non-compliance with the notice?
Who decides how the additional amount levied and collected is utilized?
Who decides how the additional amount levied and collected is utilized?
What is the purpose of sections 124A to 124K?
What is the purpose of sections 124A to 124K?
What happens when a person is convicted for continuing development work after being served a notice?
What happens when a person is convicted for continuing development work after being served a notice?
Under which circumstance can the State Government exempt an educational institution from paying development charges?
Under which circumstance can the State Government exempt an educational institution from paying development charges?
What is the time limit for filing an appeal against an order passed by the Authority under section 124E?
What is the time limit for filing an appeal against an order passed by the Authority under section 124E?
What is the rate of interest payable on the amount to be recovered as a result of an order passed in appeal under section 124G?
What is the rate of interest payable on the amount to be recovered as a result of an order passed in appeal under section 124G?
What is the purpose of the Development Fund established under section 124J?
What is the purpose of the Development Fund established under section 124J?
Who can prefer an appeal to against an order passed by the Authority under section 124E?
Who can prefer an appeal to against an order passed by the Authority under section 124E?
Under what condition can the State Government or the officer so appointed admit an appeal preferred after 45 days?
Under what condition can the State Government or the officer so appointed admit an appeal preferred after 45 days?
What is the consequence of not depositing the amount claimed in the notice of assessment?
What is the consequence of not depositing the amount claimed in the notice of assessment?
What is the purpose of section 124H?
What is the purpose of section 124H?
Who has the power to confirm, reduce, enhance or annul an assessment in an appeal?
Who has the power to confirm, reduce, enhance or annul an assessment in an appeal?
What happens to the assessment if it is annulled or set aside in an appeal?
What happens to the assessment if it is annulled or set aside in an appeal?
What is the purpose of assigning development charges to the Village Panchayat?
What is the purpose of assigning development charges to the Village Panchayat?
In which cases do the provisions of sections 124A to 124K apply?
In which cases do the provisions of sections 124A to 124K apply?
What is the relation between the chapter and existing local authority laws?
What is the relation between the chapter and existing local authority laws?
What is the purpose of compulsory acquisition of land?
What is the purpose of compulsory acquisition of land?
What happens to the development charge collected under this section?
What happens to the development charge collected under this section?
In what circumstances can a separate development charge be levied for the building and the land?
In what circumstances can a separate development charge be levied for the building and the land?
Who is responsible for levying and collecting development charge?
Who is responsible for levying and collecting development charge?
What is the basis for levying development charge?
What is the basis for levying development charge?
When is a person required to apply for the assessment of development charge payable?
When is a person required to apply for the assessment of development charge payable?
What happens if a person fails to pay the development charge within the specified period?
What happens if a person fails to pay the development charge within the specified period?
What is the criteria for exempting development charge on land development activities?
What is the criteria for exempting development charge on land development activities?
Under what category would a hospital be classified for development charge purposes?
Under what category would a hospital be classified for development charge purposes?
What is the effect of a Vital Urban Transport Project on development charges?
What is the effect of a Vital Urban Transport Project on development charges?
What is the basis for classifying the user of land and building?
What is the basis for classifying the user of land and building?
When can the Authority reduce the rate of development charge?
When can the Authority reduce the rate of development charge?
What happens to the development charge rate if the Authority reduces it?
What happens to the development charge rate if the Authority reduces it?
What is the purpose of classifying the user of land and building?
What is the purpose of classifying the user of land and building?
When can the Authority enhance the rate of development charge?
When can the Authority enhance the rate of development charge?
What is the criteria for levying development charge on land?
What is the criteria for levying development charge on land?
Who is responsible for levying and collecting development charge?
Who is responsible for levying and collecting development charge?
Under what circumstances may the State Government exempt an educational institution from paying development charges?
Under what circumstances may the State Government exempt an educational institution from paying development charges?
What is the time limit for filing an appeal against an order passed by the Authority under section 124E?
What is the time limit for filing an appeal against an order passed by the Authority under section 124E?
What is the rate of interest payable on the amount to be recovered as a result of an order passed in appeal under section 124G?
What is the rate of interest payable on the amount to be recovered as a result of an order passed in appeal under section 124G?
What is the purpose of the Development Fund established under section 124J?
What is the purpose of the Development Fund established under section 124J?
Who can prefer an appeal to against an order passed by the Authority under section 124E?
Who can prefer an appeal to against an order passed by the Authority under section 124E?
Under what circumstances may the State Government exempt a Special Township Project from payment of development charges?
Under what circumstances may the State Government exempt a Special Township Project from payment of development charges?
What is the procedure for filing an appeal against an order passed by the Authority under section 124E?
What is the procedure for filing an appeal against an order passed by the Authority under section 124E?
What is the effect of an order passed in appeal under section 124G?
What is the effect of an order passed in appeal under section 124G?
What is the consequence of not depositing the amount claimed in the notice of assessment from the appellant together with the amount of interest, if any, due thereon?
What is the consequence of not depositing the amount claimed in the notice of assessment from the appellant together with the amount of interest, if any, due thereon?
What is the purpose of establishing a separate fund under section 124J?
What is the purpose of establishing a separate fund under section 124J?
In cases where the permission to carry out the development is under clause (ii) or (iii) of sub-section (1) of section 18, which sections shall apply?
In cases where the permission to carry out the development is under clause (ii) or (iii) of sub-section (1) of section 18, which sections shall apply?
Where is the development charge collected under this section assigned to?
Where is the development charge collected under this section assigned to?
How is the amount collected and assigned utilized by the Village Panchayat?
How is the amount collected and assigned utilized by the Village Panchayat?
What is the purpose of the provisions of sections 124A to 124K?
What is the purpose of the provisions of sections 124A to 124K?
What is the relationship between the provisions of sections 124A to 124K and existing local authority laws?
What is the relationship between the provisions of sections 124A to 124K and existing local authority laws?
What is the primary purpose of a Vital Urban Transport Project?
What is the primary purpose of a Vital Urban Transport Project?
Under which circumstances can the Maharashtra Industrial Development Corporation levy development charges at a lower rate?
Under which circumstances can the Maharashtra Industrial Development Corporation levy development charges at a lower rate?
What is the procedure that the Authority must follow before enhancing or reducing the rate of development charge?
What is the procedure that the Authority must follow before enhancing or reducing the rate of development charge?
What happens when the regulations in respect of development charge are sanctioned by the State Government?
What happens when the regulations in respect of development charge are sanctioned by the State Government?
Who is required to apply for the assessment of development charge payable?
Who is required to apply for the assessment of development charge payable?
What is the purpose of section 124E?
What is the purpose of section 124E?
How are the regulations referred to in sections 124B and 124C displayed?
How are the regulations referred to in sections 124B and 124C displayed?
What is the consequence of non-payment of the development charge within the specified period?
What is the consequence of non-payment of the development charge within the specified period?
Who is responsible for collecting all development charges due under this Act?
Who is responsible for collecting all development charges due under this Act?
What is the primary purpose of the fund credited with money from time to time?
What is the primary purpose of the fund credited with money from time to time?
What happens if the person liable to pay the development charge does not pay the amount within the specified period?
What happens if the person liable to pay the development charge does not pay the amount within the specified period?
Who is responsible for collecting all development charges due under this Act?
Who is responsible for collecting all development charges due under this Act?
What is the first charge on the land or building in respect of which development charge is payable?
What is the first charge on the land or building in respect of which development charge is payable?
Under what circumstances can the Authority refuse to assess the amount of development charge payable by a person?
Under what circumstances can the Authority refuse to assess the amount of development charge payable by a person?
Who is liable to pay the development charge in respect of any land or building?
Who is liable to pay the development charge in respect of any land or building?
What happens to the development charge in respect of any land or building vested in or under the control or possession of the Central or State Government or of any local authority?
What happens to the development charge in respect of any land or building vested in or under the control or possession of the Central or State Government or of any local authority?
What is the purpose of serving a notice in writing on the person liable to such payment?
What is the purpose of serving a notice in writing on the person liable to such payment?
Under what circumstances may the Authority postpone the assessment of the development charge?
Under what circumstances may the Authority postpone the assessment of the development charge?
What happens to the development charge if the person liable to pay it does not pay the amount within the specified period?
What happens to the development charge if the person liable to pay it does not pay the amount within the specified period?
Who is responsible for giving the person concerned an opportunity to be heard?
Who is responsible for giving the person concerned an opportunity to be heard?
What is the primary purpose of the money credited to the Development Fund?
What is the primary purpose of the money credited to the Development Fund?
In which bank may the surplus moneys at the credit of the Development Fund be deposited?
In which bank may the surplus moneys at the credit of the Development Fund be deposited?
What is the consequence of continuing development work after being served a notice?
What is the consequence of continuing development work after being served a notice?
What happens if a person fails to demolish the development work as required under the notice?
What happens if a person fails to demolish the development work as required under the notice?
What is the purpose of the additional amount levied and collected due to an increase in the development charge?
What is the purpose of the additional amount levied and collected due to an increase in the development charge?
Who decides how the additional amount levied and collected is utilized?
Who decides how the additional amount levied and collected is utilized?
What is the purpose of sections 124A to 124K?
What is the purpose of sections 124A to 124K?
What happens when a person is convicted for continuing development work after being served a notice?
What happens when a person is convicted for continuing development work after being served a notice?
What is the consequence of non-compliance with the notice?
What is the consequence of non-compliance with the notice?
What is the purpose of serving a notice in writing on the person liable to pay the development charge?
What is the purpose of serving a notice in writing on the person liable to pay the development charge?
Study Notes
Here are the study notes for the text:
Levy and Assessment of Development Charge
- Development charge is levied by the Planning Authority or Development Authority on institution of use or change of use of any land or building, or development of any land or building, for which permission is required under this Act.
- The development charge is levied at rates specified by or under the provisions of this Chapter.
- No development charge shall be leviable under this Chapter in respect of use or change of use of any land or building, or development of any land or building, for which a development permission has already been granted before the 10th day of August 1992.
Classification of User of Lands and Buildings
- The user of land and building shall be classified into four categories: Industrial, Commercial, Residential, and Institutional.
- The predominant purpose for which such land and building is used shall be the basis for such classification.
Levy and Collection of Development Charge
- The development charge shall be levied and collected by the Authority at the rates specified in column (4) of the Second Schedule.
- The Authority may, from time to time, enhance or reduce the rate specified in column (4) of the Second Schedule and levy the development charge at such enhanced or reduced rate.
- In respect of the area under the jurisdiction of any Planning Authority or a New Town Development Authority, where the State Government declares its intention to undertake one or more Vital Urban Transport Projects, the development charges levied and collected under the provisions of this Chapter shall be increased by one hundred percent.
Assessment and Recovery of Development Charge
- Any person who intends to carry out any development or institute or change any use of any land or building shall apply to the Authority for the assessment of development charge payable in respect thereof.
- The Authority shall determine whether or not, and if so, what development charge is leviable in respect of that development or institution of use or change of use, and assess the amount of development charge payable by such person.
- The amount of development charge as shown in the notice of assessment shall be paid within thirty days of the receipt thereof by such person.
Appeal and Procedure
- Any person aggrieved by an order passed by the Authority under section 124E may prefer an appeal to the State Government or to such an officer as may be appointed by the State Government in this behalf.
- The State Government or the officer so appointed may, after giving a reasonable opportunity to the appellant and the Authority of being heard, by an order confirm, reduce, enhance or annul the assessment.
Development Fund
- There shall be established and set apart a separate fund to be called "the Development Fund" and an Authority shall separately show the same in its budget.
- All moneys received by the Authority as development charge together with interest thereon, if any, under this Chapter shall be credited to the Development Fund.
- The money credited to the said Fund shall be utilized only for the purposes of acquisition and development of any land reserved for any of the public purposes specified in any plan or scheme under this Act and for providing public amenities in the area under the jurisdiction of the said Authority and maintenance and improvement thereof.
Here are the study notes for the text:
Levy and Assessment of Development Charge
- Development charge is levied by the Planning Authority or Development Authority on institution of use or change of use of any land or building, or development of any land or building, for which permission is required under this Act.
- The development charge is levied at rates specified by or under the provisions of this Chapter.
- No development charge shall be leviable under this Chapter in respect of use or change of use of any land or building, or development of any land or building, for which a development permission has already been granted before the 10th day of August 1992.
Classification of User of Lands and Buildings
- The user of land and building shall be classified into four categories: Industrial, Commercial, Residential, and Institutional.
- The predominant purpose for which such land and building is used shall be the basis for such classification.
Levy and Collection of Development Charge
- The development charge shall be levied and collected by the Authority at the rates specified in column (4) of the Second Schedule.
- The Authority may, from time to time, enhance or reduce the rate specified in column (4) of the Second Schedule and levy the development charge at such enhanced or reduced rate.
- In respect of the area under the jurisdiction of any Planning Authority or a New Town Development Authority, where the State Government declares its intention to undertake one or more Vital Urban Transport Projects, the development charges levied and collected under the provisions of this Chapter shall be increased by one hundred percent.
Assessment and Recovery of Development Charge
- Any person who intends to carry out any development or institute or change any use of any land or building shall apply to the Authority for the assessment of development charge payable in respect thereof.
- The Authority shall determine whether or not, and if so, what development charge is leviable in respect of that development or institution of use or change of use, and assess the amount of development charge payable by such person.
- The amount of development charge as shown in the notice of assessment shall be paid within thirty days of the receipt thereof by such person.
Appeal and Procedure
- Any person aggrieved by an order passed by the Authority under section 124E may prefer an appeal to the State Government or to such an officer as may be appointed by the State Government in this behalf.
- The State Government or the officer so appointed may, after giving a reasonable opportunity to the appellant and the Authority of being heard, by an order confirm, reduce, enhance or annul the assessment.
Development Fund
- There shall be established and set apart a separate fund to be called "the Development Fund" and an Authority shall separately show the same in its budget.
- All moneys received by the Authority as development charge together with interest thereon, if any, under this Chapter shall be credited to the Development Fund.
- The money credited to the said Fund shall be utilized only for the purposes of acquisition and development of any land reserved for any of the public purposes specified in any plan or scheme under this Act and for providing public amenities in the area under the jurisdiction of the said Authority and maintenance and improvement thereof.
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Description
Understand the concept of development charge, its levy and assessment by the Planning Authority or Development Authority on changes in land or building use or development.
