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The Pandharpur Development Authority Act, 2009.

Maharashtra · state statute
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2009 : Mah. XV]    1 
THE PANDHARPUR DEVELOPMENT AUTHORITY ACT, 2009 
[Text as on 8th January 2024] 
————— 
CONTENTS 
PREAMBLE.  
SECTIONS.  
CHAPTER I 
PRELIMINARY 
 1. Short title and extent.  
 2. Definitions. 
CHAPTER II 
ESTABLISHMENT OF DEVELOPMENT AUTHORITY 
 3. Establishment and incorporation of Development Authority.  
 4. Constitution of Development Authority. 
 5. Development Authority to be Special Planning Authority. 
 6. Proceedings of Development Authority. 
 7. Vacancy, etc., not to invalidate proceedings of Development Authority.  
CHAPTER III 
POWERS, DUTIES AND FUNCTIONS OF THE DEVELOPMENT AUTHORITY 
 8. Powers, duties and functions of Development Authority.  
CHAPTER IV 
FUNDS, BUDGET, ACCOUNTS AND AUDIT 
 9. Grants by State Government. 
 10. Budget, accounts and audit. 
 11. Annual Report of Development Authority. 
 12. Power of Government to call for information. 
CHAPTER V 
MISCELLANEOUS 
 13. Power to make rules. 
 14. Power to make regulations.  
 15. Power of Government to issue directions. 
 16. Dissolution of Development Authority. 
 17. Power to remove difficulty. 
2  The Pandharpur Development Authority [2009 : Mah. XV 
Act, 2009 
 
 
 
 
 
 
 
 
 
 
 
2009 : Mah. XV] The Pandharpur Development Authority 3 
Act, 2009 
MAHARASHTRA ACT NO. XV OF 20091 
[THE PANDHARPUR DEVELOPMENT AUTHORITY ACT, 2009.] 
[This Act received the assent of the Governor on the 23rd June 2009; assent was first published  
in the Maharashtra Government Gazette, Extraordinary No. 29, Part IV, on the 25th June 2009.] 
An Act to provide for establishment of the Pandharpur Development Authority; for  
preparing plan for the Pandharpur Development Area; for ensuring timely implementation  
of various development works in the said area as per the said plan and for that purpose to  
ensure co-ordination between the concerned Government and Semi-Government agencies;  
giving directions for preparing plans and estimates of the works contained in the said plan,  
to grant  administrative approval to the  proposals of development works and plans and 
estimates, to give approval to tenders for works invite by the concerned Government and  
Semi-Government agencies; to receive and release Government grants to the concerned  
agencies after approval of tenders and to monitor implementation of development works  
by the concerned Government and Semi-Government agencies; and for the matters  
connected therewith or incidental thereto. 
WHEREAS Shri Vitthal -Rukmini Temple at Pandharpur in the Solapur District is an important 
place of pilgrimage in the State and a large  number of pilgrims visit this temple and the other temples 
around it; 
AND WHEREAS such large number of pilgrims are required to be provide with basic amenities 
and there is need to develop the town of Pandharpur in a planned manner to cope up with such large 
floating population; 
AND WHEREAS in order to ensure planned development of Pandharpur, a number of works 
pertaining to different departments and agencies are required to be implemented;  
AND WHEREAS it is considered expedient to establish a Special Dev elopment Authority in 
order to ensure planned and well co-ordinated implementation of a variety of such development works 
through different agencies involved in development of the Pandharpur Municipal Area and its 
peripheral area; it is hereby enacted in the Sixtieth Year of the Republic of India as follows :—    
CHAPTER I 
PRELIMINARY 
1.  Short title and extent. — (1) This Act may be called the Pandharpur Development Authority 
Act, 2009. 
(2) It extends to the area of the Pandharpur  Municipal Council and its peripheral area upto ten 
kilometers from the limits of the Pandharpur Municipal Council.  
2.  Definitions.— In this Act, unless the context otherwise requires,— 
(1) “amenity” includes road, street, bridge, any other means of communication, open space, 
park, recreation ground, play -ground, garden, market and conservancy, parking lot, supply of 
water and electricity, street lighting, drainage, sewerage, educational an d health care facility, any 
welfare measure and any utility, or service an any convenience which the State Government may, 
in consultation with the Development Authority, from time to time, by notification in the Official 
Gazette, specify to be an amenity;  
(2) “Chairperson” means the Chairperson of the Pandharpur Development Authority;  
(3) “Deos than Committee” means the “Shri  Vitthal-Rukmini Temples Committee”, 
established under sub-section (1) of section 21 of the Pandharpur Temples Act, 1973 (Mah. IX of 
1974); 
                                                   
1  For Statement of Objects and Reasons of the L . A. Bill No. V  of 2009, see Maharashtra Government Gazette , 2009, 
Extraordinary No. 13, Part V-A, dated 10th June 2009, page 11. 
4  The Pandharpur Development Authority [2009 : Mah. XV 
                                                                            Act, 2009 
(4) “Development”, with its grammatical variations, means the carrying out of building, 
engineering, mining or other operations in or over or under any land (including land under river, 
lake or any other water) or the making of any material change in any building or land and 
includes the development, re -development and layout and sub -division of any land and also the 
provision of amenities and “to develop” shall be construed accordingly; 
(5) “Development Authority” means the Pandharpur  Development Authority established 
under section 3;  
(6) “Development Plan” means the plan prepared under the provisions of the Maharashtra 
Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), for the Pandharpur Municipal 
Council and its peripheral area upto ten  kilometers from the limits of t he Pandharpur Municipal 
Council;    
(7) “Government agency” means any Department or office of the Government of 
Maharashtra;   
(8) “Pandharpur Development Area” means the area of the Pandharpur Municipal Council 
and includes an area within its periphery of ten kilometers;  
(9) “Pandharpur Development Master Plan” means  the plan for development of Pandharpur 
Development Area sanctioned by the Government of Maharashtra for the purposes of this Act;  
(10) “prescribed” means prescribed by rules made under this Act;  
(11) “regulations” means regulations made under this Act;  
(12) “Semi-Government Agency” means any statutory or non -statutory organisation, body, 
authority, Board or Government Company set-up by the Government of Maharashtra. 
CHAPTER II 
ESTABLISHMENT OF DEVELOPMENT AUTHORITY 
3.  Establishment and incorporation of Development Authority. — (1) The State Government 
may, by notification in the Official Gazette, establish the Development Authority to be known as “the 
Pandharpur Development Authority” to exercise the powers conferred on, and to perform the duties 
and functions assigned to it, under this Act. 
(2) The Development Authority established under sub-section (1) shall be a body corporate by the 
name aforesaid, having perpetual succession and a common seal, with power to contract, acquire, hold 
and dispose of property, both movable and immovable, and to do all things necessary for the purposes 
of this Act, and may sue or be sued by its corporate name.  
(3) The headquarters of the Development Authority shall be at Solapur. It shall normally sit at 
Solapur, but may hold its sitting at any other place within the State, as the exigency of the 
Development Authority may require.  
4.  Constitution of Development Authority.— (1) The Development Authority shall consist of 
the following, namely :— 
(a) The Guardian Minister of Solapur District Chairperson; 
(b) The Ministers or State Ministers from    
               Solapur District, to be nominated by  
               the State Government.  
Vice-Chairpersons; 
(c) Member of the Legislative Assembly  
              elected from the Pandharpur Legislative   
              Assembly Constituency. 
Member; 
(d) The President of the Pandharpur  
               Municipal Council. 
Ex Officio 
Member; 
2009 : Mah. XV] The Pandharpur Development Authority 5 
Act, 2009 
(e) Two eminent persons to be nominated  
               by the State Government.  
Members; 
(f) The Chief Executive Officer, Zilla  
              Parishad, Solapur. 
Ex Officio 
Member; 
(g) The Superintendent of Police, Solapur  
               District.  
Ex Officio 
Member; 
(h) The Superintending Engineer, Public  
               Works Department, Solapur.  
Ex Officio 
Member; 
(i) The Superintending Engineer,  
              Maharashtra State Electricity Distribution  
              Company Limited, Solapur.  
Ex Officio 
Member; 
(j) The Civil Surgeon, Solapur. Ex Officio 
Member; 
(k) The Executive Engineer, Maharashtra 
               Jivan Pradhikarn, Solapur. 
Ex Officio 
Member; 
(l) The Assistant Director of Town planning, 
              Solapur. 
Ex Officio 
Member; 
(m) The District Project Officer,  
                Office of the collector, Solapur. 
Ex Officio 
Member; 
(n) The Chairman, Shri Vitthal-Rukmini  
               Temples Committee, Pandharpur.  
Ex Officio 
Member; 
(o) The Chief Officer, Pandharpur Municipal 
               Council. 
Ex Officio 
Member; 
(p) The District Planning Officer, Solapur. Ex Officio 
Member; 
(q) The Collector, Solapur District.  Ex Officio 
Member- 
Secretary. 
(2) The term of non-official members of the Development Authority, their emoluments and other 
conditions of service shall be such as may be prescribed.  
(3) Any non-official member of the Development Authority may at any time resign his office by 
writing under his hand addressed to the State Government, and his office shall on acceptance of the 
resignation, become vacant.  
(4) Any non-official member of the Development Authority may be removed if he,— 
(a) has been adjudged insolvent; 
(b) is found to be a lunatic or becomes of unsound mind; or 
(c) is or has been convicted of any offence involving moral turpitude. 
5.  Development Authority to be Special Planning Authority. — The Development Authority 
shall be an authority within the meaning of sub-section (1B) of section 40 of the Maharashtra Regional 
and Town Planning Act, 1966 (Mah. XXXVII of 1966) and accordingly, it shall be lawful for the State 
Government to declare the Development Authority to be the Special Planning Authority for the 
Pandharpur Development Area or any part thereof. 
6.  Proceedings of Development Authority. — (1) The Development Authority shall observe 
such rules of procedure in regard to transaction of its business at its meeting (including quorum at such 
meeting), as may be prescribed.  
6  The Pandharpur Development Authority [2009 : Mah. XV 
                                                                            Act, 2009 
(2) The Chairperson shall preside over the meetings of the Development Authority and if the 
Chairperson, for any reason, is unable to attend a meeting, the Vice -Chairpersons shall preside over 
such meeting. If the Vice-Chairperson is also unable to attend a meeting, any other member chosen by 
the members present from amongst the members shall preside over the meeting.   
(3) Save as otherwise provided in the rules made under sub -section (1), all questions before any 
meetings of the Development Authority shall be decided by a majority of votes of the members present 
and voting, and in the event of an equality of votes, the person presiding shall have a second or casting 
vote. 
(4) The Chairperson shall have the powers of general superintendence and direction in conduct of 
the affairs and administrative matters of the Development Authority and shall exercise such other 
powers and discharge such other functions as may be assigned to him by the Development Authority.  
7.  Vacancy, etc., not to invalidate p roceedings of Development Authority. — No act or 
proceedings of the Development Authority shall be invalid merely by reason of,— 
(a) any vacancy or any defect in the constitution of the Development Authority;  
(b) any defect in the appointment of a Chairper son or memb er of the Development 
Authority; or  
(c) any irregularity in the procedure of the Development Authority not a ffecting the merits 
of the case: 
Provided that, if any question arises as to whether any irregularity in the procedure has affected 
the merit of the case or not, the matter shall be referred to the State Government, whose decision 
thereon shall be final. 
CHAPTER III 
POWERS, DUTIES AND FUNCTIONS OF THE DEVELOPMENT AUTHORITY 
8.  Powers, duties and functions of Development Authority. — (1) Subject to the provisions of 
this Act and any other law for the time being in force, the powers, duties and functions of the 
Development Authority shall be as follows :— 
(a) to draw a Master Plan for the development of the Pandharpur  Development Area and to 
seek approval of the State Government for the same; 
(b) to prepare a development plan or proposals of development of land for Development of 
the Pandharpur Development Area or any part thereof in respect of which it has been appointed as 
a Special Planning Authority and to obtain approval of the State Government for the same; where 
any proposal for Development of any land is approved by the State Government under section 
115 of the Maharashtra Regional and Town Planning Act, 1966 (M ah. XXXVII of 1966), the 
approval given by the State Government shall be final in such notified area and to that extent the 
provisions of any such plan or part thereof shall stand modified by virtue of the said approval of 
the State Government;  
(c) to reg ulate, promote and ensure orderly implementation of the development works 
approved in the Pandharpur Development Master Plan; 
(d) to appoint, specify and fix responsibilities on the concerned Government and  
Semi-Government Agencies for preparation of deta iled schemes, plans, maps, estimates of 
various development works envisaged in the Pandharpur Development Master Plan and  for 
implementation of the same;  
(e) to give administrative approval to the proposals regarding development submitted to it 
by the Government and Semi-Government Agencies; 
(f) to call for tenders through the concerned Government and Semi -Government Agencies 
for the approved development works and give approval to the same;  
2009 : Mah. XV] The Pandharpur Development Authority 7 
Act, 2009 
(g) to distribute grants received from the State Government to the concerned Government 
and Semi-Government Agencies after approval of tenders;  
(h) to transfer the development works, structures, utilities, etc., after completion to the 
concerned agency like Pan dharpur Municipal Council, Police Department, the Deosthan 
Committee, Public Works Department, Public Health Department, Maharashtra State Electricity 
Distribution Company Limited, etc.; 
(i) to monitor and ensure that the arrangements for the important annual pilgrimage events at 
the Temple are properly conducted by the Deosthan Committee and other agencies;  
(j) to requisition the services of any officer or employee of any Government or  
Semi-Government Agencies, on part or full time basis, for performing the office work or any 
other work of the Development Authority for preparation, sanctioning, implementation or 
monitoring of the works under the Pandharpur Development Master Plan: 
Provided that, in case of requisition of services of any officer or employee on full time basis 
for a period exceeding one month in the aggregate, the Development Authority shall obtain the 
prior approval of the State Government; 
(k) to entrust any Government or Semi -Government Agency with any responsibility 
pertaining to implementation of the Pandharpur Development Master Plan or part thereof:   
Provided that, it shall be the duty of the concerned Government or Semi -Government 
Agency so entrusted to discharge the same as part of its official duty: 
Provided further that, no fees s hall be charged by the concerned Government or  
Semi-Government Agency for performing any such responsibility;  
(l) to perform all the powers, duties and functions of the Special Planning Authority under 
sub-section ( 1B) of section 40 of the Maharashtra Re gional and Town Planning Act, 1966  
(Mah. XXXVII of 1966); 
(m) to perform all other powers, duties and functions assigned to it  by the State 
Government, from time to time.  
CHAPTER IV 
FUNDS, BUDGET, ACCOUNTS AND AUDIT 
9.  Grants by State Government. — The State Government may, after due appropriation made 
by the State Legislature by law in this behalf, pay to the Development Authority in each financial year 
by way of grants from the Consolidated Fund of the State, such sums of money as it may deem fit for 
being utilized for the purposes of this Act. 
10.  Budget, accounts and audit. — (1) The Development Authority shall prepare its budget for 
the ensuing financial year and shall submit the same to the State Government, by such date and in such 
form as may be prescribed. 
(2) The Development Authority shall open a Personal Ledger Account (PLA) in the Government 
Treasury at Solapur, which shall be operated under the name of the Member -Secretary of the 
Development Authority. 
(3) The procedure for incurring expendi ture and utilisation of grants for the development works 
under this Act shall be as per the relevant financial rules of the State Government and it shall be the 
responsibility of the concerned Government and Semi-Government Agencies to maintain proper record 
of each of such works, to submit utilisation certificate to the Development Authority periodically, as 
the State Government may specify for the purpose and to make available records for audit, as and when 
necessary. 
(4) The Accounts of the Development A uthority and of the Government and Semi -Government 
Agencies in respect of the expenditure incurred under the provisions of this Act shall be audited by the 
auditors of the Local Fund Audit or the Accountant General, as the State Government may, by 
notification in the Official Gazette, specify. 
8  The Pandharpur Development Authority [2009 : Mah. XV 
                                                                            Act, 2009 
11.  Annual Report of Development Authority. — The Development Authority shall prepare 
once every year, in such form and at such time, as may be prescribed, its annual report, giving a 
summary of its activities during the previous financial year and forward a copy thereof to the State 
Government.  
12.  Power of Government to call for information. — The Development Authority shall furnish 
to the State Government such information relating to its activities, as the State Go vernment may, by 
order, require.  
CHAPTER V 
MISCELLANEOUS 
13.  Power to make rules. — (1) The State Government may, by notification in the  
Official Gazette, make rules to carry out the purposes of this Act.  
(2) Except when the rules are made for the first  time, all rules made under this Act shall be 
subject to the condition of previous publication. 
(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each 
House of the State Legislature, while it is in session for a total period of thirty days, which may be 
comprised in one session or in two or more successive sessions, and if, before the expiry of the session 
in which it is so laid or the session immediately following, both Houses agree in making any 
modification in the rule or both Houses agree that the rule should not be made, and notify their decision 
to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the 
Official Gazette, have effect only in such modified form or be of no effect, as the case may be; so, 
however, that any such modification or annulment shall be without prejudice to the validity of anything 
previously done  or omitted to be done under that rule.  
14.  Power to make regulations. — The Development Au thority may, subject to the previous 
approval of the State Government, by notification in the Official Gazette, make regulations consistent 
with this Act and the rules made thereunder, for all or any of the matters for which provision is, in the 
opinion of the Development Authority, necessary for the exercise of its powers and the discharge of its 
functions under this Act.  
15.  Power of Government to issue directions. — (1) The State Government may give to the 
Development Authority such directions which in its opinion are necessary or expedient in the matters 
of policy involving public interest and it shall be the duty of the Development Authority to comply 
with such directions. 
(2) If any questions arises as to whether any such directions referred to in sub -section (1) relates 
to the matters of policy involving public interest, the decision of the State Government thereon shall be 
final.  
16.  Dissolution of Development Authority. — (1) When the State Government is satisfied that 
the purposes for which the De velopment Authority was established under this Act have been 
substantially achieved so as to render the continued existence of the Development Authority, i n the 
opinion of the Government,  unnecessary, the Government may, by an order published in the  
Official Gazette, declare that the Development Authority shall be dissolved with effect from such date 
as may be specified in the order and the Development Authority shall be dissolved accordingly.  
(2) With effect from the date specified in the order under sub-section (1),— 
(a) all properties, funds and dues which are vested in the Development Authority, or 
realisable by the Development Authority shall vest in, or be realisable by, the Government; 
(b) all liabilities enforceable against the Development Authority shall be enforceable against 
the Government.  
(3) Every order made under sub-section (1) shall be placed, as soon as may be, before each House 
of the State Legislature. 
2009 : Mah. XV] The Pandharpur Development Authority 9 
Act, 2009 
17.  Power to remove difficulty.— (1) If any difficulty arises in giving effect to the provisions of 
this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, 
do anything not inconsistent with the provisions of this Act, which appea rs to it to be necessary or 
expedient for removing the difficulty: 
Provided that, no such order shall be made after the expiry of a pe riod 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 may be, after it is made, 
before each House of the State Legislature.   
  
 
 
 
   
    
 
  
 
  
 
 
 
 
 
  
 

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