MRTP Chapter IX

Supplemental and Miscellaneous Provisions

• The Director of Town Planning or authorized officers may enter land or buildings to prepare plans or schemes under this Act.
• They may:
  • Make measurements or surveys
  • Set out and mark boundaries
  • Examine works under construction
  • Ascertain whether land is being developed in contravention of the Act
• Entry is restricted between sunrise and sunset, and 24 hours' notice must be given to occupants.

Power of Entry

• The Director of Town Planning's power of entry extends to the whole State.
• The power of Town Planning Officers and authorized persons is limited to their jurisdiction.
• The power of authorized persons extends to the area specified by the Arbitrator or State Government.

Obstruction and Penalty

• A person who obstructs entry or molests authorized persons shall be punished with imprisonment for up to six months, or a fine of up to ₹1,000, or both.

Service of Notices and Orders

• Notices and orders may be served:
  • By registered post to the principal, branch, local, or registered office of a government department, railway, local authority, statutory authority, company, corporation, society, or other body.
  • By delivery at the office or place of business.
  • By addressing it to the owner or occupier of the land or building, without further name or description.

Public Notices

• Public notices must be in writing, signed by the Secretary to the Regional Board or Planning Authority, and widely made known in the locality.
• Notices may be affixed in public places, published by beat of drum, advertised in local newspapers, or by other means deemed fit.

Authentication of Orders and Documents

• Orders, decisions, notices, and documents of a Regional Board, Planning Authority, or Development Authority must be authenticated by the signature of the Secretary or authorized officer.

Offences by Companies

• Companies committing an offence under this Act are liable to punishment.
• Every person in charge of and responsible for the company's business is deemed guilty of the offence and liable to punishment.
• The company and responsible persons shall be proceeded against and punished accordingly.

Obstruction and Penalty

• Any person who obstructs or molests authorized persons or removes marks or boundaries shall be punished with imprisonment for up to one year, or a fine of up to ₹1,000, or both.

Prosecution and Compounding of Offences

• Prosecution for an offence under this Act requires the previous sanction of the Regional Board, Planning Authority, or Development Authority.
• Compounding of offences is allowed by authorized persons before or after the institution of proceedings.

Jurisdiction of Courts

• No court inferior to that of a judicial magistrate of the first class shall try an offence punishable under this Act.

Magistrate's Power to Impose Enhanced Penalties

• Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, a Presidency Magistrate or Magistrate of the First Class can pass any sentence authorised by this Act in excess of its power under the said section.

Public Servants

• Every member and every officer and other employee of a Regional Board or Planning Authority or Development Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

Protection of Action Taken in Good Faith

• No suit, prosecution, or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rules or regulations made thereunder.

Registration of Documents, Plans, or Maps

• Nothing in the Indian Registration Act, 1908, shall be deemed to require the registration of any document, plan, or map prepared, made, or sanctioned in connection with a final Regional plan or final Development plan or final town planning scheme which has come into force.
• All such documents, plans, and maps shall be deemed to have been and to be registered in accordance with the provisions of that Act.

Exclusion of Time in Certain Cases

• In computing the period, in relation to any Development plan, Regional plan, or scheme under the provisions of Chapters II, III, IV, and V of this Act, the period or periods during which any action could not be completed under the said Chapters, due to any interim order of any Court or due to enforcement of any Code of conduct by the Election Commission of India or the State Election Commission in respect of any election, shall be excluded.

Finality of Orders

• Every order passed or direction issued by the State Government or order passed or notice issued by any Regional Board, Planning Authority, or Development Authority under this Act shall be final and shall not be questioned in any suit or other legal proceedings.

Validation of Acts and Proceedings

• No act done or proceeding taken under this Act shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of a Regional Board, Planning Authority, or Development Authority, or any person having ceased to be a member, or any person associated with a Regional Board under section 10 having voted in contravention of the said section, or the failure to serve a notice on any person, where no substantial injustice has resulted from such failure, or any omission, defect, or irregularity not affecting the merits of the case.

Power to Delegate

• The State Government may, by a notification in the Official Gazette, delegate any power exercisable by it under this Act, or rules thereunder to any officer of the State Government.
• The Director of Town Planning may, by an order in writing, delegate any power exercisable by him under this Act or rules thereunder to any officer subordinate to him.
• Any Regional Board, Planning Authority, or Development Authority may, by a resolution, direct that any power exercisable by it under this Act, rules, or regulations thereunder (except the power to prepare any Regional plan, Development plan, town planning scheme, or the plan of the New Town or to make regulations) may also be exercised by any officer of the State Government with the previous consent of the State Government, the Regional Board, Planning Authority, or local authority or Development Authority as may be mentioned therein.

Powers of Planning Authority or Development Authority

• The powers and functions of a Planning Authority or New Town Development Authority shall, for the purposes of certain sections of this Act, be exercised and performed by the following officers:
  • In the case of a Municipal Corporation, by the Municipal Commissioner or such other officer as he may appoint in this behalf.
  • In the case of a Zilla Parishad, by the Chief Executive Officer or such other officer as he may appoint in this behalf.
  • In the case of a Municipal Council, by the Chief Officer of the Council.
  • In the case of any other local authority, Special Planning Authority, or New Town Development Authority, by the Chief Executive Officer or person exercising such powers under Acts applicable to such authorities.

Borrowing Power of Planning Authority

• A Planning Authority may, for the purpose of a Development plan or the making or execution of a town planning scheme, borrow loans in accordance with the provisions of the Act under which that Authority is constituted or if such Act does not contain any provision for such borrowing, in accordance with the Local Authorities Loans Act, 1914.

Control by State Government

• The State Government may, for implementing or bringing into effect the Central or the State Government programmes, policies, or projects, or for the efficient administration of this Act, or in the larger public interest, issue, from time to time, such directions or instructions as may be necessary to any Regional Board, Planning Authority, or Development Authority.

Returns and Information

• Every Regional Board, Planning Authority, and Development Authority shall furnish to the State Government such reports, returns, and other information as the State Government may from time to time require.

Effect of Laws

• Notwithstanding anything contained in any law for the time being in force, when permission for such 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.

Authentication of Plans and Schemes

• Every Regional plan, Development plan, or town planning scheme, which is finally sanctioned by the State Government, shall be drawn up in duplicate, and every such plan or scheme on every page thereof shall be authenticated under the seal and signature of the Secretary to Government.

Power to Make Rules

• The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out all or any of the purposes of this Act.

Power to Make Rules

• The State Government has the power to make rules to carry out the purposes of the Act.
• The rules may provide for matters such as:
  • The manner of publishing a notice of making a draft town planning scheme.
  • The qualifications of a person to be appointed as an Arbitrator.
  • The procedure to be followed by the Arbitrator.
  • The manner of giving notices and drawing the final town planning scheme.
  • The procedure for evicting persons in unauthorized occupation.
  • The notice to be given by the Planning Authority.
  • The manner of publishing a notice regarding the preparation of a draft variation of a town planning scheme.

Power to Make Regulations

• A Regional Board, Planning Authority, or Development Authority may, with the previous approval of the State Government, make regulations to carry out the purposes of the Act.
• The regulations may provide for matters such as:
  • The manner of exercising powers and performing functions under the Act.
  • The procedure and conduct of business at meetings.
  • Any other matter that may be prescribed by regulations.
• The State Government may, by notification, make Special Development Control Regulations consistent with the Act and the rules made thereunder.
• The Special Development Control Regulations may be made for the purpose of implementing any scheme, project, program, or policy of the Central or State Government.

Dissolution of Regional Board, Special Planning Authority, and Development Authority

• The State Government may, by notification, declare that a Regional Board, Special Planning Authority, or Development Authority shall be dissolved.
• Upon dissolution, all properties, funds, and dues vested in or realizable by the Board or Authority shall vest in or be realizable by the State Government.
• All liabilities enforceable against the Board or Authority shall be enforceable against the State Government.
• The State Government shall discharge the functions of the Board or Authority for the purpose of carrying out any development that has not been fully carried out.

Vesting of Property and Rights of Local Authority

• If a Planning Authority ceases to exist or ceases to have jurisdiction over an area, the property and rights vested in the Planning Authority shall vest in another local authority.
• The State Government may, by notification, direct that the property and rights shall vest in another local authority.

Exercise of Power and Performance of Duty

• If the State Government is of the opinion that a Regional Board, Planning Authority, or Development Authority is not competent to exercise or perform any power or duty, the State Government or any person appointed by it may exercise the power or perform the duty.
• Any expenses incurred by the State Government or the person appointed by it shall be paid out of the funds of the Board or Authority.

Special Provisions

• In the case of dissolution or supersession of a municipal corporation, Zilla Parishad, or Nagpur Improvement Trust, the person or persons appointed to exercise the powers and perform the duties of the Planning Authority shall be deemed to be the Corporation, Zilla Parishad, or Nagpur Improvement Trust.
• The property that vests in the Planning Authority shall, during the period of dissolution or supersession, vest in the State Government.
• At the end of the period, the property shall vest in the municipal corporation or Zilla Parishad as the State Government may direct.

Repeal and Saving

• The Bombay Town Planning Act, 1954, and certain sections of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, are repealed.
• Anything done or any action taken under the repealed provisions shall be deemed to have been done or taken under the corresponding provisions of this Act.
• Proceedings pending before a Board of Appeal constituted under the Bombay Town Planning Act, 1954, shall be continued before and disposed of by the Tribunal of Appeal under this Act.