MRTP Chapter IX
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Questions and Answers

Who can enter into or upon any land or building according to the Act?

  • Only the Town Planning Officer of any Regional Board or Planning Authority
  • Any person authorised by the State Government
  • The Director of Town Planning or any officer authorised by him (correct)
  • Only the Director of Town Planning

    • What is one of the purposes for which authorised personnel can enter land or buildings?

  • To ascertain whether any land is being or has been developed in contravention of any provision of this Act (correct)
  • To ascertainment whether any land is being developed in accordance with the Act
  • To construct new buildings
  • To prepare a plan or scheme under the Act

    • What is one of the activities that authorised personnel can undertake on entering land or buildings?

  • Selling properties
  • Demolishing existing structures
  • Making any measurement or survey or taking levels of such land or building (correct)
  • Renting out buildings

    • What is a restriction on entering a building used as a dwelling-house?

    <p>Entry can be made only after giving 24 hours' notice in writing</p> Signup and view all the answers

    What consideration should be given when entering land or buildings?

    <p>Due regard to the social and religious usages of the occupants</p> Signup and view all the answers

    What is the purpose of setting out and marking boundaries and intended lines of development?

    <p>To prepare a plan or scheme under the Act</p> Signup and view all the answers

    What is one of the activities that authorised personnel can undertake to examine works under construction?

    <p>Ascertaining the course of sewers and drains</p> Signup and view all the answers

    What opportunity should be given to women when entering land or buildings?

    <p>Sufficient opportunity to enable women to withdraw</p> Signup and view all the answers

    What is required for every public notice given under this Act?

    <p>To be in writing over the signature of the Secretary</p> Signup and view all the answers

    How can a public notice be made known to the affected locality?

    <p>By affixing copies in conspicuous public places, publishing by beat of drum or advertisement in local newspapers, and other means</p> Signup and view all the answers

    What is required when a notice, order, or document does not specify a time for doing something?

    <p>The notice, order, or document should specify a reasonable time for doing the same</p> Signup and view all the answers

    Who is responsible for authenticating permissions, orders, decisions, and notices of a Regional Board or Planning Authority?

    <p>The Secretary to the Regional Board or Planning Authority</p> Signup and view all the answers

    To which area does the power of the Director of Town Planning extend?

    <p>The whole of the State</p> Signup and view all the answers

    What is the punishment for obstructing the entry of a person empowered or authorised under this section?

    <p>Imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both</p> Signup and view all the answers

    What is the consequence for a company committing an offence under this Act?

    <p>Both the company and every person in charge of the company are liable for punishment</p> Signup and view all the answers

    Who is deemed to be guilty of an offence committed by a company with their consent or connivance?

    <p>Any director, manager, secretary, or other officer of the company</p> Signup and view all the answers

    How can a document be served on a Government department?

    <p>By sending it by registered post to the office of the head of the Government department</p> Signup and view all the answers

    What is the punishment for obstructing a person engaged or employed by a Regional Board or Planning Authority?

    <p>Imprisonment for a term which may extend to 1 year, or with fine which may extend to 1,000 rupees or with both</p> Signup and view all the answers

    How can a document be served on a partnership?

    <p>By sending it by registered post to the principal place of business of the partnership</p> Signup and view all the answers

    What is the purpose of the notice in writing that can be issued by the Secretary to the Regional Board or the Planning Authority or Development Authority?

    <p>To require the occupier to state the name and address of the owner of the property</p> Signup and view all the answers

    What is required for prosecuting an offence under this Act or rules made thereunder?

    <p>Previous sanction of the Regional Board, Planning Authority, or Development Authority is required</p> Signup and view all the answers

    Who can remove a mark or boundary stone set up for the purpose of indicating any level or direction?

    <p>No person can remove the mark or boundary stone</p> Signup and view all the answers

    What is the consequence of serving a document on a partnership in accordance with this section?

    <p>The document is deemed to be served on each partner</p> Signup and view all the answers

    What is the definition of a 'company' in this Act?

    <p>A body corporate and includes a firm or other association of individuals</p> Signup and view all the answers

    How can a document be served on a minor?

    <p>By serving it on the guardian or any adult member of the minor's family</p> Signup and view all the answers

    Who is not considered a member of the family within the meaning of this section?

    <p>A domestic servant</p> Signup and view all the answers

    What is the purpose of section 136 of the Act?

    <p>To provide for the service of notices and orders</p> Signup and view all the answers

    What is the consequence of obstructing the entry of a person empowered or authorised under this section?

    <p>The person obstructing the entry is liable to be punished with imprisonment and fine</p> Signup and view all the answers

    In what circumstances would time be excluded from the period of a Development plan, Regional plan, or scheme under this Act?

    <p>Due to an interim order of any Court or enforcement of a Code of conduct by the Election Commission</p> Signup and view all the answers

    What is the general principle regarding orders passed and directions issued under this Act?

    <p>They are final and not questionable in any legal proceedings</p> Signup and view all the answers

    What is the effect of a vacancy or defect in the constitution of a Regional Board or Planning Authority?

    <p>It has no effect on the actions taken by the Board or Authority</p> Signup and view all the answers

    Under what circumstances can the State Government delegate its powers?

    <p>By notification in the Official Gazette, with specified conditions</p> Signup and view all the answers

    Who can delegate powers exercisable by the Director of Town Planning?

    <p>The Director of Town Planning, in writing</p> Signup and view all the answers

    What is the consequence of an omission, defect, or irregularity that does not affect the merits of the case?

    <p>The case is proceeded with, as the defect is not substantial</p> Signup and view all the answers

    What is the significance of the minutes of a Regional Board meeting being duly signed?

    <p>It indicates that the meeting was duly convened and free from defects</p> Signup and view all the answers

    Can a Regional Board or Planning Authority delegate its powers to any officer of the State Government?

    <p>Yes, with the previous consent of the State Government</p> Signup and view all the answers

    Who can delegate powers exercisable by the Town Planning Officer?

    <p>The Town Planning Officer, in writing</p> Signup and view all the answers

    What is the general principle regarding acts done or proceedings taken under this Act?

    <p>They are not questionable, except in specific circumstances</p> Signup and view all the answers

    What must every local authority furnish to a Regional Board, Planning Authority or Development Authority?

    <p>Such report, returns and other information as the Board or Authority may require</p> Signup and view all the answers

    What is not deemed to be lawfully undertaken or carried out?

    <p>Development without permission under this Act</p> Signup and view all the answers

    What is the condition for an agreement made by a Planning Authority or Development Authority?

    <p>It is subject to the right of the State Government to modify or disallow such agreement</p> Signup and view all the answers

    What must be drawn up in duplicate?

    <p>Every Regional plan, Development plan or town planning scheme</p> Signup and view all the answers

    Who authenticates every plan or scheme under this Act?

    <p>The Secretary to the Government</p> Signup and view all the answers

    Where is the second copy of the Regional Plan deposited?

    <p>In the Head Office of the Board</p> Signup and view all the answers

    What is required to be kept under lock and key?

    <p>The plan or scheme deposited with the Director of Town Planning</p> Signup and view all the answers

    Who can give a certified copy of any plan or scheme?

    <p>The Director of Town Planning</p> Signup and view all the answers

    What is the condition for signing a plan or scheme?

    <p>The first and last pages must be signed</p> Signup and view all the answers

    What is the consequence of modification of an agreement by the State Government?

    <p>Either party can avoid the agreement</p> Signup and view all the answers

    What is the seal of the Director of Town Planning used for?

    <p>To verify a plan or scheme or part thereof</p> Signup and view all the answers

    What is the consequence of making unauthorized changes to a plan or scheme?

    <p>The officer is liable to a fine and imprisonment for up to six months</p> Signup and view all the answers

    What is the purpose of the rules made by the State Government under this Act?

    <p>To carry out the purposes of this Act</p> Signup and view all the answers

    What is the condition for making rules by the State Government under this Act?

    <p>Previous publication</p> Signup and view all the answers

    What is the manner of depositing a verified plan or scheme or part thereof with the Director of Town Planning?

    <p>In the manner aforesaid</p> Signup and view all the answers

    Which type of court can try an offence punishable under this Act?

    <p>No court inferior to that of a judicial magistrate of the first class</p> Signup and view all the answers

    What is the power granted to a Presidency Magistrate or Magistrate of the First Class under this Act?

    <p>To pass any sentence authorised by this Act, even if it exceeds their power under the Code of Criminal Procedure, 1898</p> Signup and view all the answers

    What is the status of every member and every officer and other employee of a Regional Board or Planning Authority or Development Authority?

    <p>A public servant within the meaning of section 21 of the Indian Penal Code</p> Signup and view all the answers

    What is the protection granted to any person who does anything in good faith under this Act or any rules or regulations made thereunder?

    <p>No suit, prosecution or other legal proceeding can be initiated</p> Signup and view all the answers

    What is the requirement for registration of documents, plans and maps prepared, made or sanctioned in connection with a final Regional plan or final Development plan or final town planning scheme?

    <p>They are deemed to have been and to be registered in accordance with the provisions of the Indian Registration Act, 1908</p> Signup and view all the answers

    What is the status of documents, plans and maps relating to the sanctioned plan or scheme?

    <p>They are accessible to the public in the manner prescribed</p> Signup and view all the answers

    What is the purpose of section 148 of the Act?

    <p>To exempt certain documents, plans and maps from registration</p> Signup and view all the answers

    What is the effect of section 148 of the Act on documents, plans and maps prepared, made or sanctioned in connection with a final Regional plan or final Development plan or final town planning scheme?

    <p>They are deemed to have been and to be registered in accordance with the provisions of the Indian Registration Act, 1908</p> Signup and view all the answers

    What is the power of the State Government with respect to making rules under this Act?

    <p>To make rules regarding the term of office and conditions of service of members of a Regional Board.</p> Signup and view all the answers

    What is the purpose of the rules made under section 8?

    <p>To regulate the exercise of powers and discharge of duties by a Regional Board.</p> Signup and view all the answers

    What is the purpose of the rules made under section 13?

    <p>To regulate the survey of a Region and preparation of a Regional plan.</p> Signup and view all the answers

    What is the purpose of a Planning Authority borrowing loans under section 153?

    <p>To execute a Development plan or a town planning scheme</p> Signup and view all the answers

    What is the purpose of the rules made under section 14?

    <p>To regulate the form of a Regional plan and the manner of its publication.</p> Signup and view all the answers

    Who is responsible for giving effect to directions or instructions issued by the State Government under section 154?

    <p>Planning Authority or Development Authority</p> Signup and view all the answers

    What is the purpose of the rules made under section 15?

    <p>To regulate the period within which a Regional Plan may be approved.</p> Signup and view all the answers

    What is the purpose of section 155 of the Act?

    <p>To require reports and returns from Regional Boards and Planning Authorities</p> Signup and view all the answers

    Who exercises the powers and functions of a Planning Authority or New Town Development Authority under certain sections of the Act?

    <p>The Chief Executive Officer or appointed officers</p> Signup and view all the answers

    What is the purpose of the rules made under section 16?

    <p>To regulate the manner of publication of a notice of the preparation of a draft Regional plan.</p> Signup and view all the answers

    What is the purpose of the rules made under section 21?

    <p>To regulate the manner of publication of a notice regarding the preparation of a draft Development plan.</p> Signup and view all the answers

    What is the consequence of a dispute arising between a Regional Board, Planning Authority or Development Authority and the State Government under section 154?

    <p>The decision of the State Government will be final</p> Signup and view all the answers

    What is the purpose of the rules made under section 44?

    <p>To regulate the form in which an application for permission to carry out development on land is made.</p> Signup and view all the answers

    What is the purpose of the provision under section 153(2) regarding expenses incurred by a Planning Authority or the State Government?

    <p>To defray expenses incurred by the Planning Authority or State Government</p> Signup and view all the answers

    Who can delegate powers under sections 44, 45, 46, 51, 53, 54, 55, 56, 135 and 136 of the Act to the Chief Executive Officer of the Slum Rehabilitation Authority?

    <p>The State Government</p> Signup and view all the answers

    What is the purpose of the rules made under section 47?

    <p>To regulate the manner in which an appeal under that section shall be made.</p> Signup and view all the answers

    What is the purpose of publishing the names of officers in the Official Gazette under section 153?

    <p>To inform the public of the officers who will exercise the powers and functions of a New Town Development Authority</p> Signup and view all the answers

    What is the purpose of the rules made under section 56?

    <p>To regulate the manner in which an appeal under that section shall be made to the State Government.</p> Signup and view all the answers

    What is the consequence of not complying with the directions or instructions issued by the State Government under section 154?

    <p>There is no specific consequence mentioned in the Act</p> Signup and view all the answers

    What is the purpose of section 153(1) of the Act?

    <p>To enable the Planning Authority to borrow loans</p> Signup and view all the answers

    Under which section can the manner of publication of a notice of a draft town planning scheme be specified?

    <p>Section 63</p> Signup and view all the answers

    What are the particulars that a draft town planning scheme shall contain as specified under Section 64?

    <p>Other particulars specified by the Planning Authority</p> Signup and view all the answers

    Under which section can the procedure for evicting persons in unauthorised occupation be specified?

    <p>Section 89</p> Signup and view all the answers

    What is the purpose of Section 91?

    <p>To specify the manner of publication of a notice regarding the preparation of a draft variation of a town planning scheme</p> Signup and view all the answers

    Under which section can the period within which payment should be made by an owner to the Planning Authority be specified?

    <p>Section 105</p> Signup and view all the answers

    What is the purpose of Section 124G?

    <p>To specify the manner of making an appeal</p> Signup and view all the answers

    Under which section can the form of the budget and the time at which it shall be prepared be specified?

    <p>Section 131</p> Signup and view all the answers

    What is the purpose of Section 132?

    <p>To specify the form of the annual statement of accounts</p> Signup and view all the answers

    What is the purpose of laying a rule made under this section before each House of the State Legislature?

    <p>To allow for modifications or annulment of the rule</p> Signup and view all the answers

    Under which section can the manner in which documents, plans, and maps relating to a sanctioned scheme shall be accessible to the public be specified?

    <p>Section 148</p> Signup and view all the answers

    Who can make regulations consistent with this Act and the rules made thereunder?

    <p>A Regional Board, Planning Authority, or Development Authority with previous approval of the State Government</p> Signup and view all the answers

    What is the purpose of Section 148?

    <p>To specify the manner in which documents, plans, and maps relating to a sanctioned scheme shall be accessible to the public</p> Signup and view all the answers

    What is the purpose of publishing a notice in the Official Gazette by the State Government?

    <p>To invite objections and suggestions from the public</p> Signup and view all the answers

    What happens if both Houses agree to modify a rule or agree that the rule should not be made?

    <p>The rule has effect only in modified form or is of no effect</p> Signup and view all the answers

    What is the purpose of preparing a draft of the Special Development Control Regulations?

    <p>To obtain feedback from the public</p> Signup and view all the answers

    What is the significance of publishing a notification in the Official Gazette by the State Government?

    <p>To inform the public of a decision made by the State Government</p> Signup and view all the answers

    Who can approve a draft of the Special Development Control Regulations?

    <p>The State Government</p> Signup and view all the answers

    What is the purpose of specifying a date in a notification published in the Official Gazette?

    <p>To specify the date on which the Regulations come into operation</p> Signup and view all the answers

    What is the effect of considering objections and suggestions received by the State Government?

    <p>The State Government approves the draft Regulations with or without modifications</p> Signup and view all the answers

    What is the purpose of making Special Development Control Regulations?

    <p>To implement a scheme, project, programme, or policy of the Central or State Government</p> Signup and view all the answers

    If a Planning Authority ceases to exist or ceases to have jurisdiction, what happens to its property and rights?

    <p>They vest in another local authority or authorities, as directed by the State Government.</p> Signup and view all the answers

    What happens if a Regional Board, Planning Authority, or Development Authority is not competent to exercise or perform its powers or duties?

    <p>The State Government or its appointed persons exercise or perform the power or duty.</p> Signup and view all the answers

    What happens to the funds of a Board or Authority if it fails to pay expenses incurred by the State Government?

    <p>The State Government can order any person having custody of the funds to pay the expenses.</p> Signup and view all the answers

    What happens when a municipal corporation is superseded under the Bombay Provincial Municipal Corporations Act, 1949?

    <p>Its property and rights vest in another local authority or authorities, as directed by the State Government.</p> Signup and view all the answers

    Who has the power to direct that the property and rights of a Planning Authority vest in another local authority or authorities?

    <p>The State Government.</p> Signup and view all the answers

    What is the consequence if a Planning Authority neglects or fails to exercise or perform its duties?

    <p>The State Government or its appointed persons exercise or perform the power or duty.</p> Signup and view all the answers

    Who is responsible for paying expenses incurred by the State Government or its appointed persons?

    <p>The funds of the Board or Authority.</p> Signup and view all the answers

    What happens to the powers of a Planning Authority when it ceases to exist or ceases to have jurisdiction?

    <p>They vest in another local authority or authorities, as directed by the State Government.</p> Signup and view all the answers

    What is deemed to be a Corporation, Zilla Parishad, Municipal Council or the Nagpur Improvement Trust under this Act?

    <p>Either a Corporation, Zilla Parishad, Municipal Council, or the Nagpur Improvement Trust</p> Signup and view all the answers

    During the period of dissolution or supersession of local authorities, what happens to property that vests in the Planning Authority?

    <p>It vests in the State Government</p> Signup and view all the answers

    What is repealed under this Act?

    <p>The Bombay Town Planning Act, 1954</p> Signup and view all the answers

    Who has the power to direct where property vests at the end of the period of dissolution or supersession of local authorities?

    <p>The State Government</p> Signup and view all the answers

    Who exercises the powers and performs the duties of a Planning Authority during the period of dissolution or supersession of local authorities?

    <p>The Administrator</p> Signup and view all the answers

    What happens to property at the end of the period of dissolution or supersession of local authorities?

    <p>It vests in the municipal corporation or Zilla Parishad as directed by the State Government</p> Signup and view all the answers

    Who is responsible for exercising the powers and performing the duties of a Planning Authority during the period of dissolution or supersession of local authorities?

    <p>The Administrator appointed under section 313 of the Maharashtra Municipalities Act, 1965</p> Signup and view all the answers

    During the period of dissolution or supersession of local authorities, who exercises the powers and performs the duties of a Planning Authority as per this Act?

    <p>The Administrator or the person or persons appointed</p> Signup and view all the answers

    What happens to the provisions of a plan or scheme applicable to an area where Special Development Control Regulations are made?

    <p>They stand modified to the extent of the provisions contained in the Regulations.</p> Signup and view all the answers

    What is the purpose of section 159A?

    <p>To apply the provisions of the First Schedule to a New Town Development Authority and a Special Planning Authority.</p> Signup and view all the answers

    Under what circumstances can the State Government dissolve a Regional Board, Special Planning Authority or Development Authority?

    <p>When the State Government is satisfied that the purposes of the authority have been substantially achieved.</p> Signup and view all the answers

    What happens to the properties, funds, and dues of a dissolved Regional Board, Special Planning Authority or Development Authority?

    <p>They are vested in the State Government.</p> Signup and view all the answers

    Who is responsible for discharging the functions of a dissolved Regional Board, Special Planning Authority or Development Authority?

    <p>The State Government.</p> Signup and view all the answers

    What happens to the liabilities of a dissolved Regional Board, Special Planning Authority or Development Authority?

    <p>They are enforceable against the State Government.</p> Signup and view all the answers

    What is the effect of the dissolution of a Development Authority constituted under section 113?

    <p>The properties, funds, and dues of the Development Authority are vested in the corporation or company declared as the New Town Development Authority.</p> Signup and view all the answers

    What happens to a Development Authority declared under section 113(3A) when a corporation or company is declared as the New Town Development Authority?

    <p>It ceases to function in relation to the area of the new town.</p> Signup and view all the answers

    What is the purpose of section 160?

    <p>To dissolve a Regional Board, Special Planning Authority or Development Authority.</p> Signup and view all the answers

    What is the consequence of the dissolution of a Regional Board, Special Planning Authority or Development Authority?

    <p>The properties, funds, and dues of the authority are vested in the State Government.</p> Signup and view all the answers

    What happens to actions taken or declarations made under the repealed provisions?

    <p>They are deemed to have been done or taken under the corresponding provisions of this Act</p> Signup and view all the answers

    What is the fate of proceedings pending before a Board of Appeal under the Bombay Town Planning Act, 1954?

    <p>They are transferred to the Tribunal of Appeal</p> Signup and view all the answers

    What is the effect of the repeal of the provisions aforesaid?

    <p>The provisions of this Act have effect in relation to the repealed provisions</p> Signup and view all the answers

    What is the significance of section 7 of the Bombay General Clauses Act, 1904?

    <p>It relates to the effect of repeal</p> Signup and view all the answers

    What is the effect of a reference to Arbitrator in this Act?

    <p>It includes a reference to a Town Planning Officer</p> Signup and view all the answers

    What is the purpose of mentioning particular matters in this section?

    <p>To provide an exception to the general application of section 7 of the Bombay General Clauses Act, 1904</p> Signup and view all the answers

    What happens to restrictions imposed on any person against carrying out any development work?

    <p>They are deemed to have been done or taken under the corresponding provisions of this Act</p> Signup and view all the answers

    What is the fate of a final scheme forwarded to, or sanctioned, varied or withdrawn by the State Government?

    <p>It is deemed to have been done or taken under the corresponding provisions of this Act</p> Signup and view all the answers

    Study Notes

    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.

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    This quiz covers the powers of the Director of Town Planning and authorized officers, including entry to land and buildings, and the restrictions on such entries.

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