The Pandharpur Development Authority Act, 2009.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2009 : Mah. XV] 1
THE PANDHARPUR DEVELOPMENT AUTHORITY ACT, 2009
[Text as on 8th January 2024]
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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.
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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.
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(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;
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(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.
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(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;
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(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.
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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.
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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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