LexThe Maharashtra Regional and Town Planning Act, 1966.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1966 : Mah. XXXVII] 1
THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966
[Text as on 10th March 2025]
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CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
PROVISIONS RELATING TO REGIONAL PLANS
(a) Regions.
3. Establishment of Region and alteration of its limits.
(b) Constitution of Regional Planning Boards.
4. Constitution of Regional Planning Boards.
5. Terms of office and conditions of service of members.
6. Resignation of members.
7. Vacancies.
8. Powers and duties of Board.
9. Meetings of Regional Board, etc.
10. Consultation or association with experts; Regional Planning Committee.
11. Power of Regional Board to appoint staff.
12. Expenses of Regional Board.
(c) Regional Plans.
13. Survey of Region and preparation of Regional plan.
14. Contents of Regional plan.
15. Submission of Regional plan to State Government for approval.
16. Procedure to be followed in preparing and approving Regional plans.
17. Publication of Regional plan and date of its operation.
18. Restriction on change of user of land or development thereof.
19. Exclusion of claims for compensation for injurious affection.
20. Revision or modification of Regional plan.
CHAPTER III
DEVELOPMENT PLAN
(a) Declaration of intention, preparation, submission and sanction to
Development plan.
21. Development plan.
22. Contents of Development plan.
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22A. Modification of a substantial nature.
(b) Procedure to be followed in preparing and sanctioning
Development plans.
23. Declaration of intention to prepare Development plan.
24. Town Planning Officer.
25. Provision for survey and preparation of existing-land-use map.
26. Preparation and publication of notice of draft Development plan.
27. Provision of Regional plan to be considered.
28. Objections to draft Development plan.
29. [Deleted].
30. Submission of draft Development plan.
31. Sanction to draft Development plan.
(c) Provisions for preparation of interim Development plans, plans for
areas of Comprehensive development, etc.
32. Interim Development plan.
33. Plans for areas of Comprehensive development.
34. Preparation of Development plan for additional area.
35. Development plans sanctioned by State Government before commencement of this Act.
36. Development plan prepared prior to this Act.
37. Modification of final Development plan.
37A. Power of State Government or Planning Authority to permit temporary change of user.
38. Revision of Development plan.
39. Variation of town planning scheme by the Development plan.
40. Special Planning Authority for developing certain notified areas.
41. Expenses of Social Planning Authority to be met by contribution by local authorities.
42. Implementation of plans.
CHAPTER III-A
AREA DEVELOPMENT AUTHORITY
42A. Declaration of development area.
42B. Exclusion of whole or part of development area from operation of Act.
42C. Constitution of Area Development Authority.
42D. Appointment of Government Company, etc., as Area Development Authority.
42E. Control by Metropolitan Planning Committee and District Planning Committee.
42F. Powers and functions of Area Development Authority.
42G. Expenses of Area Development Authority.
CHAPTER IV
CONTROL OF DEVELOPMENT AND USE OF LAND INCLUDED IN DEVELOPMENT PLANS
43. Restrictions on development of land.
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44. Application for permission for development.
45. Grant or refusal of permission.
46. Provisions of Development plan to be considered before granting permission.
47. Appeal.
48. Lapse of permission.
49. Obligation to acquire land on refus al of permission or on grant of permission in certain
cases.
50. Deletion of reservation of designated land for interim draft of final Development plan.
51. Power of revocation and modification of permission to development.
UNAUTHORISED DEVELOPMENT
52. Penalty for unauthorised development or for use otherwise than in conformity with
Development plan.
52A. Provisions relating to certain developments as compounded structure.
53. Power to require removal of unauthorised development.
54. Power to stop unauthorised development.
55. Removal or discontinuance of unauthorised temporary development summarily.
56. Power to require removal of unauthorised development or use.
56A. Punishment for failure to take action against unauthorised construction.
57. Recovery of expenses incurred.
58. Development undertaken on behalf of Government.
CHAPTER V
TOWN PANNING SCHEMES
(a) Making of town planning schemes.
59. Preparation and contents of town planning scheme.
60. Power of planning Authority to resolve on declaration of intention to make scheme.
61. Making and publication of draft scheme by means of notice.
62. Inclusion of additional area in draft scheme.
63. Power of State Government to require Planning Authority to make scheme.
64. Contents of draft scheme.
65. Reconstituted plot.
66. Compensation for discontinuance of use.
67. Objections to draft scheme to be considered.
68. Power of State Government to sanction draft scheme.
68A. Effect of sanction of draft scheme.
69. Restrictions on use and development of land after declaration for town planning scheme.
70. Power of State Government to suspend rule, bye-law, etc.
71. Disputed ownership.
(b) The Arbitrator and the Tribunal of appeal.
72. Arbitrator; his powers and duties.
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73. Certain decision of Arbitrator to be final.
74. Appeal.
75. Constitution of Tribunal of Appeal.
76. Arbitrator to assist Tribunal in advisory capacity and his remuneration.
77. Place where Tribunal may sit.
78. Decision of questions of law and other questions.
79. Powers of Tribunal to decide matter finally.
80. Tribunal not to be Court.
81. Remuneration of Arbitrator and Assessors and payment of incidental expenses of
Tribunal.
82. Decisions of Arbitrator to be final in certain matters.
83. Possession of land in advance of town planning scheme.
84. Commissioner of Police or Magistrate to enforce delivery of possession of land.
85. Owner of land of which possession is taken entitled to interest.
86. Sanction by State Government to preliminary or final scheme.
87. Withdrawal for scheme.
88. Effect of preliminary scheme.
(c) Enforcement of Schemes.
89. Power of Planning Authority to evict summarily.
90. Power to enforce scheme.
(d) Variation of Schemes.
91. Power to vary scheme on ground of error, irregularity or informality.
92. Power to vary town planning scheme.
93. Apportionment of cost of scheme withdrawn or not sanctioned.
(e) Proceedings before Arbitrator and Tribunal.
94. Right to appear by recognised agent.
95. Power to compel attendance of witnesses.
(f) Joint development plans and joint town planning schemes.
96. Joint development plans and joint town planning schemes.
(g) Finance of Schemes.
97. Cost of scheme.
98. Calculation of increment.
99. Contribution towards cost of scheme.
100. Certain amount to be added to or deducted from contribution leviable from persons.
101. Transfer of right from original to reconstituted plot or extinction of such right.
(h) Compensation.
102. Compensation in respect of property or right injuriously affected by scheme.
103. Exclusion or limitation of compensation in certain cases.
104. Provision for cases in which amount payable to owner exceeds amount due from him.
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105. Provision for case in which value of developed p lot is less than amount payable by
owner.
106. Payment by adjustment of account.
107. Payment of net amount due to Planning Authority.
(i) Miscellaneous.
108. Power of planning Authority to make agreement.
109. Recovery of arrears.
110. Disposal of surplus amount.
111. Execution of works in final scheme by Planning Authority.
112. Penalty for removal of boundary stones.
CHAPTER VI
NEW TOWNS
113. Designation of site for new town.
113A. Power of State Government to acquire land for Corporation or Company declared to be
New Town Development Authority.
114. Objects of Development Authority.
115. Planning and control of development in new towns.
116. Acquisition of land by Development Authority constituted under Section 113(2).
117. Obligation to purchase designated land.
118. Disposal of land by Development Authority.
119. Directions by State Government for disposal of land.
120. Power to make agreement for provision of services.
121. Contributions by Development Authority towards expenditure o f local authorities and
statutory authority.
122. Advances and payments by State Government to Development Authorities.
122A. Power of development Authority to borrow and to accept deposits.
123. Transfer of undertaking of Development Authority.
124. Combination and transfer of Development Authorities.
CHAPTER VI-A
LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE
124A. Levy of development charge.
124B. Classification of user of lands and buildings, rates of development Charge and procedure
for levy thereof.
124C. Development charge to be brought into force as specified by Government.
124D. Local publication of notification relating to development charge with notice.
124E. Assessment and recovery of development charge.
124F. Exemptions.
124G. Appeal.
124H. Procedure for filing appeal.
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124I. Interest on amount of enhanced assessment or of refund.
124J. Development Fund.
124K. Stoppage of work of development and penalty.
124K-1. Provisions of sections 124A to 124K also to apply in certain cases.
124L. Chapter to have overriding effect, but shall be in addition to existing local authority laws.
CHAPTER VII
LAND ACQUISITION
125. Compulsory acquisition of land needed for purposes of Regional Plan, Development plan
or Town planning schemes, etc.
126. Acquisition of land required for public purposes specified in plans.
127. Lapsing of reservations.
128. Power of State Government to acquire lands for purpose other than the one for which it is
designated in any plan or scheme.
129. Possession of land in case of urgency.
CHAPTER VIII
FINANCE, ACCOUNT AND AUDIT
130. Funds.
131. Budget.
132. Accounts and Audit of Regional Board.
132A. Accounts and Audit of Special Planning Authority and Development Authority.
133. Submission of report.
134. Pension and provident funds.
CHAPTER IX
SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS
135. Power of entry.
136. Service of notice, etc.
137. Public notice how to be made known.
138. Notices, etc. to fix reasonable time.
139. Authentication of orders and documents.
140. Offences by companies.
141. Penalty for obstructing contractor or removing mark.
142. Sanction of prosecution.
143. Compounding of offences.
144. Jurisdiction of courts.
145. Magistrate‟s power to impose enhanced penalties.
146. Members and officers to be public servants.
147. Protection of action taken in good faith.
148. Registration of documents, plan or map in connection with final Plan or scheme not
required.
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148-A. Exclusion of time in certain cases.
149. Finality of orders.
150. Validation of acts and proceedings.
151. Power to delegate.
152. Powers of Planning Authority or Development Authority to be exercised by certain
officers.
153. Power of Planning Authority to borrow money for Developme nt Plan or for making or
executing town planning scheme.
154. Control by State Government.
155. Returns and information.
156. Effect of laws.
157. Power to make agreements.
157A. Authentication of plans and scheme and custody thereof.
158. Power to make rules.
159. Power to make regulations.
159A. Special provisions relating to New Town Development Authority a nd Special Planning
Authority.
160. Dissolution of Regional Planning Bo ard, Special Planning Authority and New Town
Development Authority.
161. Vesting of property and rights of loca l authority ceasing to exist or ceasing to have
jurisdiction.
162. State Government or persons appoin ted by it may exercise power or perform duty
conferred or imposed on Planning Authority and disbursement of expenses.
163. Special provision in case of dissolution etc., of Corporation or Zilla Parishad, etc.
164. [Deleted].
165. Repeal and saving.
FIRST SCHEDULE
SECOND SCHEDULE
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LIST OF AMENDMENT ACTS
1. Amended by Mah. 24 of 1968
2. Amended by Mah. 14 of 1971
3. Amended by Mah. 21 of 19711
4. Amended by Mah. 30 of 1972
5. Amended by Mah. 11 of 1973
6. Amended by Mah. 22 of 1973
7. Amended by Mah. 42 of 1973 (1-1-1974)2
8. Amended by Mah. 47 of 19743 (10-6-1974)4
9. Amended by Mah. 4 of 1975 (26-1-1975)5
10. Amended by Mah. 6 of 1976 (27-4-1976)6
11. Amended by Mah. 10 of 1977 (11-3-1977)7
12. Amended by Mah. 28 of 1977 (5-12-1977)8
13. Amended by Mah. 29 of 1978
14. Amended by Mah. 31 of 19839 (6-6-1983)10
15. Amended by Mah. 16 of 1992 (10-8-1992)11
16. Amended by Mah. 10 of 199412 (14-10-1993)13
17. Amended by Mah. 39 of 1994 (17-8-1994)14
18. Amended by Mah. 5 of 199615 (23-11-1995)16
19. Amended by Mah. 21 of 199717 (10-9-1996)18
20. Amended by Mah. 48 of 199719 (6-8-1997)20
21. Amended by Mah. 5 of 200021 (29-6-1999)22
1 Maharashtra Ordinance No. I of 1971 was repealed by Mah. 21 of 1971, s. 18.
2 This indicates the date of commencement of Act.
3 Maharashtra Ordinance No. X of 1974 was repealed by Mah. 47 of 1974, s. 4.
4 This indicates the date of commencement of Act.
5 This indicates the date of commencement of Act.
6 This indicates the date of commencement of Act.
7 This indicates the date of commencement of Act.
8 This indicates the date of commencement of Act.
9 Maharashtra Ordinance No. XIII of 1983 was repealed by Mah. 31 of 1983, s. 8.
10 This indicates the date of commencement of Act.
11 This indicates the date of commencement of Act.
12 Maharashtra Ordinance No. XIV of 1993 was repealed by Mah. 10 of 1994, s. 16.
13 This indicates the date of commencement of Act.
14 This indicates the date of commencement of Act.
15 Maharashtra Ordinance No. XVIII of 1995 was repealed by Mah. 5 of 1996, s. 7.
16 This indicates the date of commencement of Act.
17 Maharashtra Ordinance No. II of 1997 was repealed by Mah. 21 of 1997, s. 3.
18 This indicates the date of commencement of Act.
19 Maharashtra Ordinance No. XIV of 1997 was repealed by Mah. 48 of 1997, s. 3.
20 This indicates the date of commencement of Act.
21 Maharashtra Ordinance No. XXVI of 1999 was repealed by Mah. 5 of 2000, s. 15.
22 This indicates the date of commencement of Act.
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22. Amended by Mah. 10 of 20001 (11-10-1999)2
23. Amended by Mah. 7 of 20023 (9-10-2000)4
24. Amended by Mah. 24 of 2002 (1-6-2002)5
25. Amended by Mah. 6 of 2004 (20-6-2005)6
26. Amended by Mah. 22 of 2005 (20-6-2005)7
27. Amended by Mah. 16 of 2007 (13-7-2007)8
28. Amended by Mah. 16 of 2009 (29-9-2009)9
29. Amended by Mah. 25 of 200910 (25-8-2009)11
30. Amended by Mah. 29 of 201012, 13 (21-9-2010)14
31. Amended by Mah. 34 of 201015 (1-3-2011)16
32. Amended by Mah. 10 of 201117 (5-4-2010)18
33. Amended by Mah. 2 of 2012 (22-3-2012)19
1 Maharashtra Ordinance No. XXXII of 1999 was repealed by Mah. 10 of 2000, s. 3.
2 This indicates the date of commencement of Act.
3 Maharashtra Ordinance No. I of 2000 was repealed by Mah. 7 of 2001, s. 3.
4 This indicates the date of commencement of Act.
5 This Act came into force vide G.N., U.D.D., No. TPS/HISC - 1002/180/CR-5/2002/UD-13, dated 24th May 2002.
6 This Act came into force vide G.N., U.D.D., No. TPB. 4302/2080/CR-215/02/UD-11, dated the 20th June 2005.
7 This Act came into force vide G.N., U.D.D., No. TPB. 4302/2080/CR-215/02/ UD-11, dated the 20th June 2005.
8 This Act came into force vide G.N., U.D.D., No. TPS. 1206/2986/CR-318/06/UD-12, dated the 13th July 2007.
9 This Act came into force vide G.N., U.D.D., No. TPS. 1809/UOR-96/CR-1835/09/UD-13, dated the 29th September 2009.
10 Maharashtra Ordinance No. XVII of 2009 was repealed by Mah. 25 of 2009, s. 3.
11 This indicates the date of commencement of Act.
12 Maharashtra Ordinance No. XIII of 2010 was repealed by Mah. 29 of 2010, s. 4.
13 Section 3 of Mah. 29 of 2010 reads as under :—
“3. Validation.— Notwithstanding anything contained in the principal Act, or in any rules or regulations made
thereunder or in the Development plan or in any judgement, decree or order of any court, tribunal or other authority, any
levy and coll ection of fees, charges and premium by the State Government or the Planning Authority for grant of an
additional Floor Space Index or for the special Permissions or for the use of discretionary powers under the provisions of
the principal Act, or any rules or regulations made thereunder, prior to the date of commencement of the Maharashtra
Regional and Town Planning (Amendment and Validation) Act, 2010 (Mah. XXIX of 2010), shall be deemed to be
validly levied and collected and shall be deemed always to have been validly levied and collected, under the regulations
made under section 22 of the principal Act, as amended by the said Act, and accordingly no suit, prosecution or other
legal proceedings shall lie in any court or before any tribunal or other authori ty on the ground that, the provisions of the
principal Act or the Development plan prepared thereunder, prior to such commencement, did not provide for making of
the regulations regarding levy and collection of such fees, charges and premium by the State Government or the Planning
Authority. No suit, prosecution or other legal proceedings shall lie or be maintained or continued in any court, or before
any tribunal or other authority, for the refund of any such fees, charges and premium, so levied and collected.”.
14 This indicates the date of commencement of Act.
15 This Act came into force vide G.N., U.D.D., No. TPS. 1810/85/CR-2118/2010/UD-13, dated the 1st March 2011.
16 This indicates the date of commencement of Act.
17 Section 13 of Mah. 10 of 2011 reads as under :—
“13. Power to remove difficulties. — (1) if any difficulty arises in giving effect to the pr ovisions of this Act, the
State Government may, by order published in the Official Gazette , give such direction, not inconsistent wi th the
provisions of this Act, as may appear to it to be necessary or expedient for the purpose of removing the difficulty:
Provided that, no such orde r shall be made after the expiry of the period of two years from the date of
commencement of this Act.
(2) Every order made under sub -section (1) shall be laid, as soon as many be, after it is made, before each House of
the State Legislature.”.
18 This indicates the date of commencement of Act.
19 This Act came into force vide G.N.U.D.D. No. MMC. 2009/72/C.R.48/2009/UD-32, dated the 22nd March 2012.
1966 : Mah. XXXVII] The Maharashtra Regional and 11
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34. Amended by Mah. 5 of 20141 (4-10-2013)2
35. Amended by Mah. 35 of 2014 (24-12-2014)3
36. Amended by Mah. 38 of 20144 (4-10-2013)5
37. Amended by Mah. 43 of 2014 (22-4-2015)6
38. Amended by Mah. 32 of 20157 (28-4-2015)8
39. Amended by Mah. 37 of 2015 (21-8-2015)9
40. Amended by Mah. 42 of 201510 (29-8-2015)
41. Amended by Mah. 32 of 2017
42. Amended by Mah. 19 of 202011 (23-3-2020)12
43. Amended by Mah. 36 of 202313 (19-6-2023)14
44. Amended by Mah. 29 of 202415 (15-3-2024)16
1 Maharashtra Ordinance No. XV of 2013 and VI of 2014 was repealed by Mah. 5 of 2014, s. 11.
Section 12 of Mah. 5 of 2014, read as under :—
“12. Power to remove difficulties.— (1) if any difficulty arises in giving effect to the provisions of principal Act,
as amended by this Act, the State Government may, be order published in the Official Gazette, give such directions, not
inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the purpose of removing
the difficulty:
Provide that, no such order shall be made after the expiry of a period of two years from the date of commencement
of the Maharashtra Regional and Town Planning (Amendment and Continuance) Act, 2014 (Mah. V of 2014).
(2) Every order made under sub -section (1) shall be laid, as soon as may be, after it is made, before each House of
the State Legislature.”.
2 This indicates the date of commencement of Act.
3 This Act came into force, vide G.N. U.D.D. No. TPB-4312/CR-16/2013/UD-11, dated the 24th December 2014.
4 Maharashtra Ordinance No. XV of 2014 was repealed by Mah. XXXVIII of 2014, s. 6.
5 This indicates the date of commencement of Act.
6 This Act came into force, vide G.N. U.D.D. No. TPS-1814/CR-349/UD-13, dated the 22nd April 2015.
7 Maharashtra Ordinance No. VI of 2015 was repealed by Mah. XXXII of 2015, s. 3.
8 This indicates the date of commencement of Act.
9 This indicates the date of commencement of Act.
10 Maharashtra Ordinance No. XVII of 2015 was repealed by Mah. 42 of 2015, s. 10.
11 Maharashtra Ordinance No. XV of 2020 was repealed by Mah. XIX of 2020, s. 4.
12 This indicates the date of commencement of Act.
13 Maharashtra Ordinance No. III of 2023 was repealed by Mah. XXXVI of 2023, s. 3.
14 This indicates the date of commencement of Act.
15 Maharashtra Ordinance No. III of 2024 was repealed by Mah. XXIX of 2024, s. 4.
16 This indicates the date of commencement of Act.
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MAHARASHTRA ACT No. XXXVII OF 19661
[THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966.]
[This Act received the assent of the President on the 13th December 1966; assent was first published in
the Maharashtra Government Gazette, Extraordinary No. 40, Part IV, on the 20th December 1966.]
An Act to make provision for planning the development and use of land in Regions established
for that purpose and for the constitution of Regional Planning Boards therefore; to make better
provisions for the preparation of Development Plans with a view to ensuring that town planning
schemes are made in a proper manner and their execution in made effective; to provide for the
creation of new towns by means of Development Authorities; to make provisions for the
compulsory acquisition of land required for public purposes in respect of the plans; and for
purposes connected with the matters aforesaid.
WHEREAS, it is expedient to make provision for planning the development and use of la nd is
Regions established for that purpose and for the constitution of Regional Planning Boards thereof; to
make better provisions for the preparation of Development plans with a view to ensuring that town
planning schemes are made in a proper manner and their execution in made effective; to provide for the
creation of new towns by means of Development Authorities; to make provision for the compulsory
acquisition of land required for public purpose in respect of the plans; and for purposes conne cted with
the matters aforesaid ; It is hereby enacted in the Seventeenth Year of the Republic of India as
follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra
Regional and Town Planning Act, 1966.
(2) It shall extend to the whole of the State of Maharashtra.
(3) It shall come into force on such date 2 as the State Government may, by notification in the
Official Gazette, appoint but the State Government may if it thinks fit bring different provisions of this
Act into force at different times.
2. Definitions.— In this Act, unless the context otherwise requires,—
(1) “agriculture” includes horticulture, poultry farming, the raising of crops, fruits,
vegetables, flowers, grass or trees of any kind, breedin g of livestock including cattle, horses,
donkeys, mules, pigs, breeding of fish and keeping of bees, the use of land for grazing cattle and
for any purpose which is ancillary to its cultivation or other agricultural purpose; but does not
included the use of land as a garden which is an appendage to a building; and “agricultural” shall
be construed accordingly;
3[(2) “amenity” means roads, streets, open space, parks, recreational grounds, play grounds,
sports complex, parade grounds, gardens, markets, parking lots, primary and secondary school
and colleges and polytechnics, clinics, dispensaries and hospitals, water supply, electricity supply,
street lighting, sewerage, drainage, public works and includes other utilit ies, services and
conveniences];
(3) “Appropriate Authority” means any public authority on whose behalf land is designated
for a public purpose in any plan or scheme and which it is authorised to acquire;
1 For Statement of Objects and Reasons of the L. A. Bill No. XXVI of 1966, see Maharashtra Government Gazette, 1966,
Extraordinary No. 33, Part V, dated the 4th August 1966, pages 205-207.
2 11th day of January 1967 (vide G.N, U.D., P.H. and H.D., No. TPA. 1166/72383-Uni-II, dated 11th January 1967).
3 Clause (2) was substituted for the original and shall be deemed to have substituted on the 25th March 1991, by Mah. 10 of
1994, s. 2(a).
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(4) “Arbitrator” means a person appointed as the Arbitrator for the purposes of any s cheme
or schemes under section 72;
(5) “Building operations” includes erection or re -erection of a building or any part thereof,
roofing or re -roofing of any part of a building or of any open space, any material alteration or
enlargement of a building, any such alteration of a building as is likely to affect an alteration of
its drainage or sanitary arrangement or materially affect its security or the construction of a door
opening on any streets or land not belonging to the owner;
1[(5A) “compounded structure” means any development of land in respect of which the
compounding charges, infrastructure charges and premium as levied by the Collector under the
provisions of sub-section (2B) of section 18 or by the Planning Authority under section 52A, are
paid by the owner or occupier of such structure and which upon such payment has been declared
as compounded structure by the Collector or Planning Authority, as the case may be;]
(6) “Court” means in Greater Bombay, the Bombay City Civil Court; and elsewhere, the
principal civil court of original jurisdiction; and includes any other civil court of a Judge of
Senior Division or a Judicial Officer empowered by the State Government to perform the
functions of the court under this Act within the pecuniary and local limits of its jurisdiction;
2[(6A) “ Designated Officer” means the officer designated under sub -section ( 8) of
section 53;]
(7) “development” with its grammatical variations means the carrying out of buildings,
engineering, mining or other operations in or over or under, land or the making o f any material
change, in any building or land or in the use of any building or land 3[or any material or structural
change in any heritage building or its precinct] 4[and includes 5[demolition of any existing
building, structure or erection or part of suc h building, structure of erection; and] 6[reclamation,]
redevelopment and lay -out and sub -division of any land; and “to develop” shall be construed
accordingly];
(8) “Development Authority” means a New Town Development Authority 7[constituted or
declared under section 113];
(9) “Development plan” means a plan for the development or re -development of the area
within the jurisdiction of a Planning Authority 8[9[and includes revision of a development plan
and] proposals of a special planning Authority for development of land within its jurisdictions];
10[(9A) “Development right” means right to carry out development or to develop the land or
building or both and shall include the transferable development right in the form of right to utilise
the Floor Space Index of land utilisable either on the remainder of the land partially reserved for a
public purpose or elsewhere, as the final Development Control Regulations in this behalf
provide;]
(10) “Director of Town Planning” means the officer appointed by the State Government as
the Director of Town Planning;
(11) “engineering operations” includes the formation or laying out of a street or means of
access to a road or laying out of means of water -supply, drainage, electricity, gas or other public
service;
1 Clause (5A) was substituted by Mah. 32 of 2017, s. 2.
2 Clause (6A) was inserted by Mah. 2 of 2012, s. 29, w.e.f. 22-3-2012.
3 These words were inserted by Mah. 39 of 1994, s. 2(a).
4 These words were substituted for the words “and includes lay -out and sub -division of any land” by Mah. 21 of 1971,
s. 2(1).
5 These words were inserted by Mah. 10 of 1994, s. 2(b).
6 This word was inserted by Mah. 31 of 1983, s. 2.
7 These words were substituted for the word “constituted” by Mah. 21 of 1971, s. 2(2).
8 These words were inserted by Mah. 30 of 1972, s. 2(1).
9 These words were substituted for the word “and includes” by Mah. 6 of 1976, s. 2.
10 Clause (9A) was inserted and shall be deemed to have been inserted on the 25th March 1991 by Mah. 10 of 1994, s. 2(c).
1966 : Mah. XXXVII] The Maharashtra Regional and 15
Town Planning Act, 1966
(12) “existing-land-use map” means a map indicating the use to which lands in any
specified area are put at the time of preparing the map;
(13) “Final plot” means a plot allotted in a final town planning scheme;
1[(13A) “Floor Space Index” means the quotient or the ratio of the combined gross floor area
area to the total area of the plot, viz :—
Total covered area of all floors
Floor Space Index = —————————
Plot area;
(13B) “Heritage building” means a building possessing architectural, aesthetic , historic or
cultural values which is declared as heritage building by the Planning Authority in whose
jurisdiction such building is situated;
(13C) “Heritage precinct” means an area comprising heritage building or buildings and
precincts thereof related places;]
2[(13D) “Integrated Township Project” means an Integrated Township Project declared
under section 18 or 44, as the case may be;]
(14) “land” includes benefits to arise out of land, and things attached to the earth or
permanently fastened to anything attached to the earth;
(15) “local authority” means—
(a) the Bombay Municipal Corporation constituted under the Bombay Municipal
Corporation Act (Bom. III of 1888) or the Nagpur Municipal Co rporation constituted under
the 3City of Nagpur Corporation Act, 1948 (C. P. and Berar II of 1950), or any Municipal
corporation constituted under the 4Bombay Provincial Municipal Corporations Act, 1949
(Bom. LIX of 1949),
5[(b) a Council and a Nagar Panchayat constituted under the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965),]
(c) (i) a Zilla Parishad constituted under the Maharashtra Zilla Parishad and Panchayat
Samitis Act, 1961 (Mah.V of 1962),
6[(ii) the Authority constituted under the Maharashtra Housing and Area
Development Act, 1976 (Mah. XXVIII of 1977)],
(iii) the Nagpur Improvement T rust constituted under the Nagpur Improvement
Trust Act, 1936 (C. P. and Berar XXXVI of 1936),]
Which is permitted by the State Government for any area under its jurisdiction to exercise the
powers of a Planning Authority under this Act;
(16) “local newspaper” in relation to any area within the jurisdiction of a Regional Planning
Board, Planning Authority or of a Development Authority, means any newspaper published or
circulating within that area;
(17) “occupier” includes a tenant, an owner in occupation of, or otherwise using his land, a
rent-free tenant in any land, and any person in lawful possession of any land who is liable to pay
to the owner compensation for the use and occupation of the land;
1 Clause (13A), (13B) and (13C) were inserted by Mah. 39 of 1994, s. 2(b).
2 Clause (13D) was inserted by Mah. 43 of 2014, s. 5 (b), w.e.f. 22-4-2015.
3 This Act was repealed by Mah. 23 of 2012, s. 7.
4 Name of the “Bombay Provincial Municipal Corporation Act, 1949” is substitute as “Maharashtra Munic ipal
Corporation Act,” by Mah. 23 of 2012, s. 4.
5 Sub-clause (b) was substituted by Mah. 10 of 2000, s. 2.
6 Sub-paragraph (ii) was substituted by Mah. 28 of 1977, s. 191(a).
16 The Maharashtra Regional and [1966 : Mah. XXXVII
Town Planning Act, 1966
(18) “owner” includes any person for the being receiving or entitled to receive, whether on
his own account or as agent, trustee, guardian, manager or receiver for another person or for any
religious or charitable purpose, the rents or profits of the property in connection with wh ich it is
used;
1[(19) “Planning Authority” means a local authority; and shall includes,—
(a) a Special Planning Authority constituted or appointed or deemed to have been
appointed under section 40; and
(b) in respect of the slum rehabilitation area decla red under section 3C of the
Maharashtra Slum Areas (Improvement, Clearan ce and Redevelopment) Act, 1971
(Mah. XXVIII of 1971), the Slum Rehabilitation Authority appointed under section 3A of
the said Act;]
(20) “prescribed” means prescribed by rules made under this Act;
(21) “plot” means a portion of land held in one ownership and numbered and shown as one
plot in a town planning scheme;
(22) “reconstituted plot” means a plot which is altered in ownership or in any other way by
the making of a town planning scheme;
(23) “Region” means any area established to be a Region under section 3;
(24) “Regional Board” or “Board” means a Regional Planning Board constituted under
section 4;
(25) “Regional plan” means a Plan for the development or re -development of a Re gion
which is approved by the State Government and has come into operation under this Act;
(26) “Regional Planning Committee” means a committee appointed under section 10;
(27) “Regulation” means a regulation made under section 159 of this Act and includes
2[zoning, special development control regulations] and other regulations made as a part of a
Regional Plan, Development plan, or town planning scheme;
(28) “Residence” includ es the use for human habitation of any land or building, or part
thereof including gardens, grounds, garages, stables and outhouses, if any, appertaining to such
land or building;
(29) “Rule” means a rule made under this Act;
(30) “scheme” includes a plan relating to a town planning scheme;
3* * *
(31) “Town Planning Officer” means the officer appointed for the time being to be the
Town Planning Officer for all or any of the provisions of this Act;
4[(31A) “Undeveloped area” means an area within the juris diction of one or more local
authority (not being an area within the jurisdiction of a cantonment board constituted under the
Cantonment Act, 1924 (2 of 1924) ) which is in the opinion of the State Government in a
neglected condition, or which is being developed or is in imminent likelihood of being developed
in an uncontrolled or haphazard manner, and requires, in the public interest, to be developed in a
proper and orderly manner;]
(32) “ Zilla Parishad ” means a Zilla Parishad constituted under the Maharash tra
Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962).
1 Clause (19) was substitute for the original by Mah.5 of 1996, s. 4.
2 These words were substituted for the word “zoning” by Mah. 22 of 2005, s. 2(a).
3 Clause (30A) was deleted by Mah. 43 of 2014, w.e.f. 22-4-2015.
4 Clause (31A) was inserted by Mah. 30 of 1972, s. 2(2).
1966 : Mah. XXXVII] The Maharashtra Regional and 17
Town Planning Act, 1966
CHAPTER II
PROVISIONS RELATING TO REGIONAL PLANS
(a) Regions.
3. Establishment of Region and alteration of its limits. — (1) Subject to the provisions of this
section, the State Government may, by notification in the Official Gazette, establish any area in the
State, by defining its limits, to be a Region for th e purposes of this Act, and may name and alter the
name of any such Region. In any case, where any Region is renamed, then all references in any law or
instrument or other document to the Region shall be deemed to be a reference to the Region as
renamed, unless expressly otherwise provided or the context so requires.
(2) The State Government may, by notification in the Official Gazette,—
(a) alter the limits of a Region, so as to include therein or to exclude therefrom, such area as
may be specified in the notification; or
(b) amalgamate two or more Regions so as to form one Region; or
(c) split up any Region into two or more Regions; or
(d) declare that the whole or part of the area comprising a Region shall cease to be a Region
or part thereof.
(3) A plan showing the boundaries of the Region as established under this section shall be
available for inspection at the office of the Collector and the Mamlatdar or Tahsildar concerned, and on
the constitution of the Regional Board therefor, also at the office of the Board.
(b) Constitution of Regional Planning Boards.
4. Constitution of Regional Planning Boards. — (1) For the purpose of planning the
development and use of land in the Region, the State Government shall, by notification in the
Official Gaz ette, constitute a Regional Planning Board for the Region consisting of a Chairman
appointed by the State Government; the Director of Town Planning (or a person nominated by him);
such number of persons not exceeding four appointed by the State Government as are members of local
authorities functioning in the whole or part of the Region; such number of persons 1[not exceeding ten]
appointed by the State Government who in the opinion of that Government have special knowledge or
practical experience of matters relating to town and country planning, engineering, transport, industry,
commerce or agriculture 2[; a Town Planning Officer appointed by the State Government and such
number of persons not exceeding four appointed by the State Government from the two Houses of the
State legislature, representing the whole or part of the Region, so that not more than two members are
appointed from each of the said Houses.
If any Region includes any area which in the opinion of the State Government is important from
the military or defence point of view, the members appointed for their special knowledge or practical
experience shall include a person suggested by the Government of India in that behalf.]
The State Government may appoint a Vice-Chairman from amongst the other members.
The Town Planning Officer shall be the Secretary to the Regional Board.
3[(1A) Notwithstanding anything contained in sub -section (1), the provisions of that sub-section
shall not be applicable to the Metropolitan area as defined in clause ( c) of section 2 of the Maharashtra
Metropolitan Planning Committees (Constitution and Functions) Act, 1999 (Mah. V of 2000)].
(2) The Regional Board shall have its office at such place as the State Government may
appointed, and shall be known by the name specified in the notification constituting it.
1 These words were substitute for the words “not exceeding six” Mah. 24 of 1968, s. 2(a).
2 This portion was substituted for the words “and a Town Planning Officer appointed by the State Government”
by Mah. 24 of 1968, s. 2(b).
3 Sub-section (1A) was inserted by Mah. 5 of 2000, Sch.
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5. Terms of office and conditions of service of members. — (1) 1[Subject to the provisions of
sub-section (3), the term of office] and conditions of service of the members of a Regional Board shall
be such as may be prescribed; and the members shall be entitled to receive such remuneration or
allowances, or both, as the State Government may be order determine.
(2) If the State Government is of opinion that any member is guilty of misconduct in the
discharge of his duties, or is incompetent or has become incapable of performing his duties as such
members, or should f or any other good and sufficient reason be removed, the State Government may,
after giving the member an opportunity of showing cause against his removal, remove him from office.
2[(3) A member of the State Legislature while holding the office of a member of the Board shall
not be entitled to receive any remu neration or allowance other than travelling allowance, daily
allowance or such other allowance which is paid to the holder of such office for the purpose only of
meeting the personal expenditure incurre d in attending the meeting of the Board or in performing any
other functions as holder of such office.]
6. Resignation of members. — Any member of a Regional Board may at any time resign his
office by writing under his hand addressed to the State Governme nt, and upon the acceptance thereof,
the office of the member shall become vacant.
7. Vacancies.— In the event of a vacancy in the office of any member of a Regional Board, the
vacancy shall be filled by the State Government, and the person so appointed shall hold office so long
only as the member in whose place he is appointed would have held office, if the vacancy had not
occurred.
8. Powers and duties of Board. — Subject to the provisions of this Act and the rules and
regulations made thereunder, it shall be the duty of a Regional Board—
(a) to carry out a survey of the Region, and prepare reports on the surveys so carried out;
(b) to prepare an existing -land-use map, and such other maps as may be necessary for the
purpose of preparing a Regional plan;
(c) to prepare a Regional plan;
(d) to perform any other duties or functions as are supplemental, incidental or consequential
to any of the foregoing duties, or as may be prescribed by regulations.
9. Meeting of Regional Board, etc. — (1) The Regional Board shall meet at such times and
places as the Chairman may determine and may, subject to the provisions of sub -sections (2) and (3),
make regulations for regulating its procedure and the conduct of its business:
Provided that, after the submission of draft Regional plan to the State Government, t he Board
shall meet only if so directed by the State Government.
(2) The Chairman and in his absence the Vice -Chairman (if any) and in the absence of the
Chairman and the Vice -Chairman, any other member chosen by the membExcerpt shown. Open the full act in Lexace.