LexThe Goa Town and Country Planning Act, 1974
Goa · state statute
Open in Lexace · Ask the AI about this act---1--- GOVERNMENT OF GOA, Law and Judiciary Department Notification LD/Bill/12/75 The following Bill passed by the Legislative Assembly of Goa and assented to by the President of India on 4/11/1975 is hereby published for general information. M. S. Borkar, Under Secretary (Law). Panaji, 15th November, 1975. The Goa, 1[omitted] Town and Country Planning Act, 1974 (Act No. 21 of 1975) [4th November, 1975] AN ACT to provide for planning the development and use of rural and urban land in the 2[State of Goa]and for purposes connected therewith. Be it enacted by the Legislative Assembly of Goa in the Twenty-fifth Year of the Republic of India as follows: — CHAPTER I Preliminary 1. Short title, extent and commencement.— (1) This Act may be called the Goa, 3[omitted] Town and Country Planning Act, 1974. (2) It extends to the whole of the 4[State of Goa]. (3) It shall come into force on such date as the Government may, by notification, appoint; and different dates may be appointed for different areas of the 5[State of Goa]. 2. Definitions.— In this Act, unless the context otherwise requires,— 6 [(1) “accommodation reservation” means to accord a permission by the Government to owner of land, that is required for public amenity specified in Development Plan or Regional Plan, by the Planning and Development Authority, municipal corporation, municipal council or village panchayat, as the case may be, to use the potential of such land in the form of built -up space guided by permissible Floor Area Ratio, in addition to the built -up space required for such amenity, in lieu of payment of compensation for such land and such amenity, transferred in favour of such authority;] 7[(1A)] “agriculture” includes (i) horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder and trees; (ii) any kind of cultivation of soil; (iii) breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, fish, poultry and bees; (iv) the use of land which is ancillary to the farming of land or any other agricultural purposes, but does not include the use of any land attached to a building for the purposes of garden to be used along with such building; and the expression “agricultural” shall be construed accordingly; ---2--- (2) “amenities” include the utilities such as roads and streets, open spaces, parks, recreational grounds, playgrounds, water and electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences; (3) “area of bad lay -out or obsolete development” means the area which is defined by a Development Plan as an area of bad lay-out or obsolete development and includes other lands contiguous or adjacent thereto; (4) “Board” means the Goa, 8[omitted] Town and Country Planning Board constituted under section 4; (5) “building operations” includes— (a) erection or re-erection of a building or any part of it; (b) roofing or re-roofing of a building or any part of a building or an open space; (c) any material alteration or enlargement of a building; (d) any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangements or materially affect its security; and (e) the construction of a door opening on any street or land not belonging to the owner of a building; (6) “Chief Town Planner” means the Chief Town Planner appointed under section 3; (7) “commerce” means the carrying on of any trade, business or profession, sale or exchange of goods of any type whatsoever, and includes the running of:— (i) with a view to making profit, hospitals or nursing homes exceeding twenty- -five beds; and (ii) hotels, restaurants and boarding houses not attached to educational institutions; and the expression “commercial” shall be construed accordingly; (8) “commercial use” includes the use of any land or building or part thereof for purposes of commerce or for storage of goods, or as an office, whether attached to any industry or otherwise; (9) “court” means a court under the Code of Civil Procedure, 1908 (Central Act V of 1908); (10) “development” with its grammatical variations and cognate expressions, means the carrying o ut of building, engineering, 9[***] or other operations in, on, over or under, land, 10[ ] or the making of any material change in any building or land, or in the use of any building or land, and includes sub-division of any land; (11) “Development Plan” means an Outline Development Plan or a Comprehensive Development Plan prepared under this Act; (12) “engineering operations” includes the formation or the laying out of means of access to a road or the laying out of means of water supply, drainage, sewerage or of electricity cables or lines or of telephone lines; (13) 11[“Government” means the Government of Goa;]; ---3--- (14) “industrial use” includes the use of any land or building or part thereof for purposes of any industry; (15) “industry” includes the carrying on of any manufacturing process as defined in the Factories Act, 1948, and the expression “industrial” shall be construed accordingly; Central Act 63 of 1948. (16) “land” includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth; (17) “land use” means the major use to which a plot of land is being used on any specified date; (18) “local authority” means a municipal council or a village panchayat; (19) “local newspaper” in relation to any planning area, means any newspaper published or circulated within that area; 12[(19A) “local planning area” means an area other than planning area;] (20) “notification” means a notification published in the Official Gazette; (21) “occupier” includes— (a) a tenant; (b) an owner in occupation of, or otherwise using his land or building or part thereof; (c) a rent-free occupant of any land or building or part thereof; (d) a licensee in occupation of any land or building or part thereof; and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building or part thereof; (22) “owner” in relation to any property, includes the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager, or receiver for another pe rson, or for any religious or charitable purpose, the rents or profits of such property; (23) “Planning and Development Authority” means any Planning and Development Authority constituted under this Act; (24) “planning area” means any area declared to be a planning area under this Act; (25) “plot” means a continuous portion of land held in one ownership; (26) “prescribed” means prescribed by rules made under this Act; (27) “public place” means any place or building which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not, and whether the entry is regulated by any fees or not; (28) “reconstituted plot” means a plot which is altered either in ownership or in any other manner by a town planning scheme; (29) “re-location of population” mean s in relation to an area of bad lay -out or obsolete development or a slum area, the making available, in that area or elsewhere, of accommodation, for residential purposes or for carrying on business or other activities, together with amenities, to persons living or carrying on business or other ---4--- activities in the said area who have to be so accommodated so that the said area may be properly planned; (30) “residence” includes the use for human habitation of any land or building or part thereof including gardens, grounds, garages, stables and out -houses if any, appertaining to such building; and the expression “residential” shall be construed accordingly; [(1330A) “State” means the State of Goa;]; 14[(30B) “transferable development right” means a right to transfer the potential of a land required for public purpose by the Planning and Development Authority, municipal corporation, municipal council or a village panchayat, as the case may be, expressed in terms of total permissible built -up area, for utilization by the owner himself or transfer by him to someone else, from the present location to a specified area, as additional built- up space over and above the permissible limit in that area in lieu of the payment of compensation for such land; (30C) “transferable development right for posterity” means the right to sell, transfer or surrender the development right or potential of land zoned as agricultural land or land in other areas such as heritage site, water body, riverine land, farm land, khazan land, private forest, land under Coas tal Regulation Zone and the like to alternate sites as identified in the Development Plan or Regional Plan;] 15[omitted] 16[(31) “Zoning Plan” means a Zoning Plan prepared under this Act.] (32) words and expressions used in this Act and not defined herein but defined in the Goa, 17[omitted] Municipalities Act, 1968, shall have the same meanings as are respectively assigned to them in that Act. 7 of 1969. CHAPTER II Appointment of Chief Town Planner and constitution of Goa, Daman and Diu Town and Country Planning Board 3. 18[Appointment of Chief Town Planners. — (1) The Government shall, by notification, appoint Chief Town Planner (Administration), Chief Town Planner (Land Use) and Chief Town Planner (Planning), all possessing qualifications in Town and Country Planning as prescribed, for the purposes of this Act. (2) The Government may by an order transfer, change, substitute or appoint any of Chief Town Planners of any of the three posts in the preceding sub-section (1)] 4. Constitution of Goa, 19[omitted] Town and Country Planning Board. — (1) The Government shall, by notification, constitute for the 20[State], a Board to be called the Goa, 21[omitted] Town and Country Planning Board. (2) The Board shall consist of the following members, namely:— (a) The Minister-in-charge of town and country planning, who shall be the Chairman thereof; (b) Secretaries to Government in the department dealing with the following subjects, namely:— ---5--- (i) town and country planning; (ii) local self Government; (iii) planning; and (iv) industry; (c) Head of the Public Works Department; (d) Head of the Forests Department; (e) Director of Agriculture; (f) Director of Tourism; (g: Director of Transport; (h) Director of Health Services; 22[(h1) Director of Bureau of Economics, Statistics and Evaluation; (h2) Director of Fisheries] (i) four members nominated by the Central Government to represent respectively the Ministries of that Government dealing with: (i) railways; (ii) defence; (iii) transport; and (iv) tourism; (j) two persons having special knowledge of, and practical experience in, matters relating to town and country planning, architecture, engineering, transport, industries, commerce, agriculture or geology to be nominated by the Government; (k) one person deputed by Chamber of Commerce and Industries, Goa; (1) two members of the Legislative Assembly to be elected by the members thereof; . 23[(m) the Chief Town Planner (Planning), Member Secretary]. (3) The Government may appoint one of the members of the Board as its Vice-Chairman. 5. Term of office, allowances, etc., of members of the Board. — The term of office of the members of the Board referred to in clauses (j) and (1) of sub-section (2) of section 4, the manner of filling casual vacancies among them and the allowances payable to them for attending the meetings of the Board shall be such as may be prescribed: Provided that the member referred to in clause (1) of the said sub-section shall cease to hold office on his ceasing to be a member of the Legislative Assembly. 6. Resignation by a member. — Any member of the Board referred to in clauses (j) and (1) of sub-section (2) of section 4 may resign his office by giving notice in writing to the Government and on such resignation being accepted, by the Government, he shall cease to be a member. 7. Meetings of Board. — The Board shall meet at such times and places as it may think fit and observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. ---6--- 8. Functions and powers of Board.— (1) Subject to the provisions of this Act and the rules made thereunder, the functions of the Board shall be to guide, direct and assist the Planning and Development Authorities, to advise the Government in matters relating to the planning, development and use of rural and urban land in the 24[State of Goa], and to perform such other functions as the Government may, from time to time, assign to the Board. (2) In particular, and without prejudice to the generality of the foregoing provisions, the Board may, and shall if required by the Government so to do— (a) direct the preparation of development plans by the Planning and Development Authorities; (b) undertake, assist and encourage the collection, maintenance and publication of statistics, bulletins and monographs on planning and its methodology; (c) co-ordinate and advise on the planning and implementation of physical development programmes within the 25[State of Goa], (d) prepare and furnish reports relating to the working of this Act; and (e) perform such other functions as are incidental, supplemental or consequential to any of the functions aforesaid or which may be prescribed. (3) The Board may exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this Act. CHAPTER III Regional Plans 9. Power to direct preparation of regional plans.— The Government may direct the 26[Chief Town Planner (Planning)] to prepare regional plans for any part or parts of the 27[State of Goa], and the period within which such regional plans may be prepared shall be specified in the direction. 10. Preparation of regional plans. — Subject to the provisions of this Act and rules and regulations made thereunder, the 28[Chief Town Planner (Planning)] shall after carrying out such surveys as may be necessary of the physical, social and economic conditions and potentialities of the area in respect of which a regional plan is to be prepared under section 9, prepare a regional plan for such area together with a report explaining the various aspects of development proposed in such plan. 11. Contents of regional plan. — (1) Subject to the provisions of this Act and any rules made thereunder, the regional plan shall indicate the stages by which development may be carried out, the net work of transport and communication lines, the proposals for conservation and development of natural resources and such other matters as may have an influence on the development of the concerned area. (2) In particular, and without prejudice to the generality of the forego ing provisions, a regional plan may provide for all or any of the following matters, namely:— (a) the broad demarcation of areas for agriculture, forestry, industry, mineral development, urban and rural settlements and other activities; ---7--- 29[(aa) proposal for transferable development rights, transferable development right for posterity, accommodation reservation or any other similar technique for promoting planned development;] (b) the reservation of land for recreation, botanical and zoological gardens, natural reserves, animal sanctuaries, dairies and health resorts and for the preservation, conservation and development of areas of natural scenery, forests, wild life, natural resources and landscaping; (c) preservation of objects, features, structures or places of h istorical, natural, archaeological or scientific interest and educational value; (d) the prevention of erosion of soil, provision for afforestation, or re -afforestation, improvement and re-development of water front areas, rivers and lakes; (e) transport and communications network such as roads, highways, railways, water ways, canals and airports including their future development; (f) rural and urban centres, both existing and new, indicating the extent of their anticipated growth; (g) for irrigation, water supply and hyd ro-electric works, flood control and prevention of water pollution; (h) providing for the re -location of population or industry from over -populated and industrially congested areas, and indicating the density of population or the concentration of industry to be allowed in any areas. 12. Board to consider the regional plan. — The 30[Chief Town Planner (Planning)] shall refer the regional plan prepared under section 10, to the Board for its consideration and may make such changes in the regional plan as may be necessary in the light of the views expressed by the Board. 13. Public notice of the regional plan. — (1) The 31[Chief Town Planner (Planning)] shall notify the regional plan as modified under section 12, in the Official Gazette, and also in one or more local n ewspapers, indicating therein the place or places where copies of the same may be inspected and inviting comments in writing from the public on the regional plan within such period as may be specified in such notification: Provided that such period shall not be less than two months from the date on which the regional plan is published in the Official Gazette. (2) After the expiry of the period mentioned in sub -section (1), the 32[Chief Town Planner (Planning)] shall refer the comments received from the public to the Board for its consideration. (3) The 33[Chief Town Planner (Planning)] shall, if necessary, revise the regional plan and the report in the light of any modifications suggested by the Board and submit them to the Government together with the comments rece ived from the public on the regional plan for approval. 14. Approval by Government. — (1) The Government may, within the prescribed period, either approve the regional plan as submitted to it under section 13 or may approve the regional plan with such modificat ions as it may consider necessary, or may ---8--- return the said plan to the 34[Chief Town Planner (Planning)] with instructions either to modify the plan or to prepare a fresh regional plan in accordance with such directions as the Government may issue in this behalf. (2) Where a fresh regional plan is required to be prepared under sub -section (1), the provisions of sections, 12 and 13 shall, as far as may be, apply to the preparation and approval of such plan. 15. Publication of regional plan. — The 35[Chief Town Planner (Planning)] shall notify the regional plan as approved by the Government in the Official Gazette and also in one or more local newspapers, indicating therein the place or places where copies of the same may be inspected. 16. 36[Effect of regional plan. — On and from the date of publication of the regional plan under section 15 for an area, all development programmes undertaken within that area by any private institution or by any other person shall conform to the provisions of such regional plan. However, public projects/schemes/development works, undertaken by the Central Government or the Government shall be in conformity with the rules framed and procedures laid down by the Government for such projects/schemes/ development works.] 37[Provided that, nothing in this section shall apply to the activity undertaken in pursuance of the permission/licence granted under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957) and rules made thereunder.] 38[16A. Development to conform to regional plan. - 39[(1) No person shall undertake any work of development in contravention of any provision of the regional plan as in force, except the project/schemes/development works undertaken by the Central Government or the Government either by itself or through its servant or agent or any other person or any activity undertaken in pursuance of the permission/licence granted under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 195 7) and rules framed thereunder, and all such development work shall be in conformity with the provisions of the regional plan.] (2) Whoever undertakes any work or development in contravention of the regional plan as in force, shall be punished with 40[simple imprisonment which may extend to one year, or with fine of Rs. 10.00 lakh, or with both]. (3) An offence under this section shall be cognizable.] 41[*** Omitted ] 17. Revision of regional plan.— 42(1) If the Government, at any time after a regional plan has been pu blished in the Official Gazette, 43[ ] is of the opinion that a revision of such regional plan is necessary, it may direct the 44[Chief Town Planner (Planning)] to undertake the revision of the regional plan and thereupon the foregoing provisions of this Act relating to the preparation of the regional plan shall, as far as may be, apply to the revision of a regional plan under this section. 45[(2) Notwithstanding anything contained in sub -section (1), if the Government is of the opinion that alteration/modification is necessary to be carried out to the regional plan ---9--- for the purpose of rectifying any inadvertent error that has occurred in the re gional plan, and for correction of inconsistent/incoherent zoning proposals in the regional plan, it may direct the Chief Town Planner (Planning) to carry out such alteration/modification to the regional plan and the Chief Town Planner (Planning) shall by notification in the Official Gazette carry out such alteration/modification to the regional plan in such manner and only to such extent as prescribed.]. 46[17A. Prohibition on cutting of hilly land and filling up of low lying land, etc .— No occupier of any hilly or sloppy land or any low lying land shall, by himself or through his servants or agents or any other persons, undertake the work of cutting of any hilly or sloppy land or filling up of any low lying land, in, over or upon any hilly or sloppy land, as the case may be, without obtaining the prior written permission from the 47[Chief Town Planner (Land use)]. 48[Provided that, nothing in this section shall apply to the activity undertaken in pursuance of the permission/licence granted under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957) and rules made thereunder.] Explanation:— for the purpose of section 17A— (i) “low lying land” means and includes any land below 50 cms. or more than from the adjoining ground level; (ii) “hilly land or sloppy land” means and includes any land having a gradient of 1:10 or more. 17B. Penalty for contravention of section 17A. - (1) Whosoever contravenes or abets the contravention of any of the provisions of section 17A, shall be punishable with simple imprisonment for a period which may extend to one year or fine which may not be less than 49[Rs.10.00 lakh] or with both. (2) An offence under this section shall be cognizable.] 50[17C. Withdrawal of revised Regional Plan. — (1) Notwithstand ing anything contained in section 17, if, at any time after a revised regional plan has been notified/ published in the Official Gazette (hereinafter in this section referred to as the “revised regional plan”), the Government is of the opinion that such re vised regional plan is required to be withdrawn, the Government may direct the 51[Chief Town Planner (Planning)] to withdraw the operation of the revised regional plan from such date, either prospective or retrospective, as the Government deems fit, and in its entirety or in part, as the case may be, and undertake the revision of the regional plan as existing immediately before the revised regional plan (hereinafter in this section referred to as the “existing regional plan”), in its entirety or in part, as the case may be, and thereupon the foregoing provisions of this Act relating to the preparation of the regional plan shall, as far as may be, apply to the revision of a regional plan under this section. (2) The 52[Chief Town Planner (Planning)] shall, the reafter, withdraw the operation of the revised regional plan from the date as directed by the Government, in entirety or in part, as the case may be, by publication of a notification in the Official Gazette and in two local newspapers. (3) On and from the date of withdrawal of the revised regional plan by publication of the notification under the provisions of sub -section (2) of this section, all development programmes undertaken by any Department of the Government or by public and private ---10--- institutions or by any other person shall conform to the provisions of the existing regional plan.] 53[17D. Power to direct preparation of Zoning Plan. — (1) The Government may direct the Chief Town Planner (Planning) to prepare a Zoning Plan in respect of the whole or any part or parts of the local planning area. (2) The Zoning Plan referred under sub -section (1) shall be prepared after consultation with the concerned local authority or authorities and it shall be within the broad framework of regional plan. (3) The provisions of sections 12, 13, 14 and 15 of this Act shall mutatis mutandis apply for preparation of Zoning Plan. 17E. Contents of Zoning Plan.— (1) The Zoning Plan shall,— (a) indicate, define and provide for all the matters that have to be, or may be, indicated, defined and provided for in the regional plan with such modifications as the Government deems fit; (b) indicate, define and provide for — (i) areas to be reserved for agriculture, public and semi-public open spaces, parks, playgrounds, gardens, and other recreational us es, green belts and natural reserves; (ii) comprehensive land allocation of areas or zones for residential, commercial, industrial, public utilities, agricultural and other purposes; (iii) complete road and street pattern and traffic circulation pattern for present and future requirements; (iv) major road and street improvements; (v) areas reserved for public buildings and institutions and for new civic development; (vi) areas for future development and expansion, and areas for new housing; (vii) amenities, services and utilities; (viii) such other matters as may be prescribed or as may be directed by the Government or the Board to be indicated, defined, and provided for; (c) include zoning regulations to regulate within each zone, the location, height, number of storeys and size of buildings and o ther structures, the size of yards, courts and other open spaces and the use of buildings, structures and land; (2) Zoning Plan for local planning area may,— (a) indicate, define and provide for,— (i) all such matters including planning standards, gross and new density and such guiding principles as the Government may consider expedient to be indicated, defined and provided for in the regional Plan; (ii) detailed development of specific areas for housing, shopping centres, industrial areas, civic centres, educational and cultural institutions, rain water ---11--- harvesting, garbage management, cattle pounds and other public utilities; (iii) control of architectural features, elevation and frontage of buildings and structures; (b) designate, any land as land subject to acquisition for an y public purpose, and in particular, but without prejudice to the generality of this provision for the purposes of:— (i) the State Governments, or for any local authority or other authority established by law and public utility concerns; (ii) dealing satisfactorily with the areas of bad layout or obsolete development, slum areas for re-location of population; (iii) providing for open spaces, parks and playgrounds; (iv) securing the use of the land in the manner specified in the regional plan; (v) any of the matters as are referred to in clause (a). (C) indicate and provide proposal for transferable development right, transferable development right for posterity, accommodation reservation or any other similar technique for promoting planned development. (3) Subject to such rules as may be made for regulating the form and contents of a Zoning Plan, any such plan shall include such maps and such descriptive matters as may be necessary to explain and illustrate the proposals included in that plan.] CHAPTER IV Declaration of Planning areas and constitution of Planning and Development Authorities 18. Declaration of planning areas, their amalgamation, sub-division, etc.— (1) The Government may, by notification declare any area to be a planning area for the purposes of this Act, and on such declaration, this Act shall apply to such area: Provided that no cantonment area or part thereof shall be included in a planning area. (2) Every notification issued under sub-section (1) shall define the limits of the area to which the notification relates. (3) The Government may, after consultation with the Board, amalgamate two or more planning areas into one planning area or sub -divide a planning area into different planning areas and may include any such sub -divided area or areas in any other planning area. (4) The Government may, by notification, direct that all or any of the rules, regulations, bye -laws, notifications, orders, directions and powers made, issued or conferred and in force in any planning area at the time of amalgamation, sub -division or inclusion under sub -section (3) shall apply to the planning area or areas as so amalgamated or sub-divided or included, with such exceptions, adaptation or modifications as may be specified in the notification, and thereupon such rules, regulations, bye-laws, orders, directions and powers shall apply to such planning area or areas without further publication. ---12--- (5) Where planning areas are amalgamated or sub -divided, or such sub -divided areas are included in any other planning area, the Government shall, after consulting the Board, the Planning and Development Authority or Authorities concerned, frame a scheme determining the portion or portions of the balance of the fund of the Planning and Development Authorities or Authority which shall vest in the Planni ng and Development Authority or Authorities concerned and the manner in which the properties and liabilities of the Planning and Development Authority or Authorities shall be apportioned amongst them and on the scheme being notified in the Official Gazette , the fund, property and liabilities shall vest and be apportioned accordingly. 19. Power to withdraw planning area from operation of the Act. — (1) The Government may, if it is of opinion that it is necessary so to do in the public interest by notification, withdraw from the operation of this Act the whole or part of any planning area. (2) When a notification is issued under sub -section (1) in respect of any planning area or part thereof — (i) this Act and all rules, regulations, bye -laws, notifications, orders, directions and powers made, issued or conferred under this Act, shall cease to apply to the said area or part and the Planning and Development Authority, if any constituted, under this Act shall cease to have jurisdiction in respect of the said area or part, as the case may be; but where any Planning and Development Authority has been constituted exclusively for such area or part, such Authority shall, on the date of the notification stand dissolved; (ii) the Government shall, after consulting the Board, the Plann ing and Development Authority and the local authority or authorities concerned, frame a scheme determining the portion or portions of the balance of the fund of the Planning and Development Authority concerned which shall vest in the Government and in the local authority or authorities concerned, and the manner in which the properties and liabilities of the Planning and Development Authority shall be apportioned between the Government and such local authority or authorities, and on the scheme being notified in the Official Gazette, the fund, property and liabilities of the Planning and Development Authority shall vest and be apportioned accordingly. 54[(3) Notwithstanding anything contained in this Act,— (i) where the whole or part of any planning area is withdrawn from the operation of this Act, the Outline Development Plan which was in force in such planning area on the date of its withdrawal shall remain in force till such date the said area continues to be non-planning area; (ii) Where any area is declared to be a planning area under section 18, till such date the Outline Development Plan is prepared and published under section 37 in respect of such area, all development works in such area shall conform to the regional plan.] 20. Constitution of Planning and Development Authority.— (1) As soon as may be, after the declaration of the planning area, the Government, in consultation with the Board, may, by notification, constitute in respect of that area an authority to be called the ---13--- “Planning and Development Authority” of that area for the purpose of performing the functions assigned to Planning and Development Authorities under this Act. (2) Every Planning and Development Authority constituted under sub -section (1) shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property both movable and immovable, and to contract, and shall by the said name sue and be sued. (3) Every Planning and Development Authority constituted under sub -section (1) shall consist of the following members, namely:— (i) a Chairman to be appointed by the Government; (ii) a Town Planning Officer to be appointed by the Government in consultation with the 55[Chief Town Planner (Planning)] who shall be the Member Secretary of the Planning and Development Authority; 56[(iia) All the Members of Legislative Assembly representing a planning area;] (iii) representatives of local authorities, to be composed as follows:— (a) in the case of a planning area in which only one local authority has jurisdiction, a representative nominated by that local authority from among its members and the Chief Executive Officer of that local authority; (b) in the case of a planning area in which two or more local authorities have jurisdiction, representatives of suc h local authorities as the Government may consider necessary to be represented, 57[ ]; (iv) such number of other members, not exceeding 58[five], appointed by the Government, who, in the opinion of the Government, have special knowledge of, or practical experie nce in, matters relating to town and country planning, architecture, engineering, transport, industry, commerce and agriculture. (4) The Government may, if it thinks fit, appoint one of the members of the Planning and Development Authority as its Vice-Chairman. (5) The Government may, in consultation with the Board, appoint any local authority as the Planning and Development Authority for the area comprised within the local limits of the jurisdiction of such local authority and for such other contiguous or adjacent area or areas as the Government may declare as a planning area under section 18. (6) Where a local authority is appointed as a Planning and Development Authority under sub-section (5), the provisions of sub-section (3) of this section and sections 21, 23 and 25 shall not apply, and the provisions of the Act by which such local authority is constituted shall continue to apply to it in respect of matters covered by the aforesaid sections. (7) A local authority appointed as a Planning and Development Authority under sub-section (5) shall, for the purpose of performing the functions of a Planning and Development Authority under this Act, constitute a Planning Committee consisting of the following members, namely:— ---14--- (i) a Chairman; (ii) the Town Planning Officer, who shal l be the Member Secretary to the Committee; and (iii) five other members, two of whom shall be appointed by the Government in consultation with the Board. (8) Every Planning Committee constituted by a local authority under sub -section (7) shall have the same status and powers of a Standing Committee appointed by the local authority by the Act under which such local authority is constituted and the terms and conditions of the members of the Committee shall be such as may be prescribed. 21. Term of office and conditions of service of the Chairman and members of Planning and Development Authority. — (1) The term of office and the conditions of service of the Chairman and members of a Planning and Development Authority (other than the Town Planning Officer) shall be such as may be prescribed. (2) The Chairman or any member of a Planning and Development Authority (other than the Town Planning Officer) may resign his office by giving notice in writing to the Government and on such resignation being accepted, he shall cease to be such Chairman or member. (3) Any vacancy in the membership of a Planning and Development Authority shall be filled by fresh appointment by the Government or by nomination by the local authority concerned, as the case may be, provided that the member appointed or n ominated shall hold office only for so long as the member in whose place he is appointed or nominated would have held office if the vacancy had not occurred. 22. Functions and powers of Planning and Development Authorities. — Subject to the provisions of this Act and the rules framed thereunder and subject to any directions which the Government may give, the functions of every Planning and Development Authority shall be— (a) to prepare an Existing Land Use Map; (b) to prepare an Outline Development Plan; (c) to prepare a Comprehensive Development Plan; (d) to prepare and prescribe uses of land within its area; and (e) to prepare schemes of development and undertake their implementation, and for these purposes, it may carry out or cause to be carried out, surveys of the planning area and prepare report or reports of such surveys, and to perform such other functions as may be prescribed. 23. Meetings of Planning and Development Authority. — (1) Every Planning and Development Authority shall meet at such times and at such places, and shall subject to the provisions of sub -sections (2), (3) and (4), observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. ---15--- (2) The Chairman, or in his absence, the Vice -Chairman, if any, or in the absence of the Chairman and Vice -Chairman, any member chosen by the members present from amongst themselves, shall preside at a meeting of the Planning and Development Authority. (3) All questions at a meeting of the Planning and Development Authority shall be decided by a majority of the votes of the members present and voting, and in the case of an equality of votes, the person presiding shall have a second or casting vote. (4) Minutes of the proceedings at each meeting, including the names of the members present, shall be kept in a book to be kept for this purpose and such minutes shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection by any member during office hours. 24. Temporary association of persons with the Planning and Development Authority for particular purposes. — (1) A Planning and Development Authority may associate with itself in such manner and for such pur poses as may be prescribed, any person whose assistance or advice it may consider necessary in performing any of its functions under this Act. (2) Any person associated with it by a Planning and Development Authority under sub-section (1) for any purpose s hall have a right to take part in the meetings of the Planning and Development Authority relevant to that purpose but shall not have a right to vote. 25. Staff of Planning and Development Authority.— (1) Subject to such control and restrictions as may be prescribed, a Planning and Development Authority may appoint such number of officers and staff as may be necessary for the efficient performance of its functions and may determine their designation and grades. (2) The officers and staff of a Planning and D evelopment Authority shall be entitled to receive such salaries and allowances as may be fixed by it and shall be governed by such terms and conditions of service as may be prescribed. CHAPTER V Present Land Use 26. Preparation of map and register showing pres ent land use. — Every Planning and Development Authority shall, as soon as may be, and not later than six months from the date of its constitution or appointment, as the case may be, or within such further period as the Government may from time to time exte nd, prepare a land use map (hereinafter in this Chapter referred to as the map) and a land use register (hereinafter in this Chapter referred to as the register) in the prescribed form indicating the present use of every piece of land in the planning area: Provided that where a local authority has been appointed as Planning and Development Authority for any planning area and such local authority has prepared a map or a register, or both, in respect of the said area before such appointment, the map or the re gister so prepared shall be deemed to be a map or register, respectively for the purposes of this section. ---16--- 27. Notice of preparation of map and register. — (1) After the preparation of the map and register under section 26, the Planning and Development Authority shall publish a public notice stating that such map and register has been prepared, and indicating therein the place or places where copies of the map or register, or both may be inspected, and inviting objections in writing from any person with respect to the map and the register. (2) Objections, if any, with reference to any map or register shall be communicated to the Planning and Development Authority within thirty days of the publication of the notice referred to in sub-section (1). (3) After the expiry of the period mentioned in sub -section (2), the Town Planning Officer of the Planning and Development Authority or a Committee appointed by it for the purpose shall, after giving a reasonable opportunity of being heard to all the persons who have sent in their objections, make a report to the Planning and Development Authority. (4) The Planning and Development Authority shall consider the report made under sub-section (3) and may make such modifications in the map or register or both as it considers proper and adopt the map and the register by means of a resolution. (5) As soon as may be, after the adoption of the map and the register under sub-section (4), the Planning and Development Authority shall publish notice of the adoption of the map and th e register and of the place or places where copies of the same may be inspected and shall submit copies of the map and the register to the Board and the Government. (6) A copy of the public notice referred to in sub -section (5) shall also be published in the Official Gazette and such publication shall be conclusive evidence that the map and register have been duly prepared and adopted. 28. 59[Power of Government to prepare the map and register]. — (1) Where a map and a register are to be prepared under this Act, then— (a) if within the period specified in section 26 or within such further period as the Government may specify, no map or register has been prepared, or (b) if at any time the Government is satisfied that the Planning and Development Authority is not taking steps necessary to prepare such a map or register within that period 60[or if the Government is of the opinion that such a map or register is needed to be prepared by the 61 [Chief Town Planner (Land use)]], the Government may direct the 62 [Chief Town Planner (Land use)]to prepare a map and register. (2) The 63 [Chief Town Planner (Land use)]shall, after the preparation of the map and register, submit the same to the Board, and the Board shall, for the purpose of adopting the map and register so prepared, follow th e procedure and exercise the powers of a Planning and Development Authority specified in section 27. (3)
Excerpt shown. Open the full act in Lexace.