LexThe Odisha Development Authorities Act, 1982
Odisha · state statute
Open in Lexace · Ask the AI about this act187
*The Odisha Development Authorities
Act, 1982
An act to provide for the deve/ o
state of Odisha according t pment of Urban and Rural areas in th e 0 Man and for matter s an cillary 4/rereto
CONTENTS
ACTS:
1. Short title ,
commencement
2. Definitions
extent
17. Revocation of permission
and 18. Appeal against the decision of the
Authority under Section 16 or 17
3. Declaration of development areas
19. Use of lands and buildings in
contravention of development plan
and constitution of Development
Authority
20. Duration of permission
20A. Grant of Occupancy Certificate
3A. Declaration of Special Planning Area
and Designation of Special
Planning Authority
21 . Power of the Authority to undertake
development
22. Preparation of town planning
scheme 4. Staff of the Authority
5. Advisory Council
6. Constitution of Committees
23. Declaration of intention to prepare
a town planning scheme
6A." .Constitution of Special Purpose
Vehicle
24. Preparation and publication of draft
town planning scheme etc
7. Objects of the Authority
8. Preparation of interim development
plan
25. Power of State Government to
require Authority to make town
planning schemed
9. Preparation of comprehensive
development plan
26. Inclusion of additional area in a draft
town planning scheme
10. Preparation of zonal development · 27.
plan
Contents of draft town planning
scheme
10A. Preparation of local development
plan
108. Reservation of land for housing for
poor
11 . Submission of development plan to
the State Government for approval
12. Procedure regarding preparation
and approval of development plans
13. Coming into operation of the
development plan
14. Modification to the development
plan
15. Prohibition of development without
permission
16. Application for permission
16A. Common Applicat ion Form for
permission
28. Reconstituted plots
29. Disputed ownership
30. Objection to draft town planning
scheme to be considered
31. Power of State Government to
sanction draft town planing scheme
31A. Effect of sanction of Draft Town
Planning Scheme
32. Restriction on use and development
of land after publication of draft town
planning schemed
33. Appointment of Valuation Officer
34. Duties of Valuation Officer
35. Contents of preliminary and final
town planning scheme
36. Certain. decision of Valuation Officer
to be final
Published vi de Odis ha Gazette Ext. No. 1215/17 .8.1982 -Notfn . No . . 13240-
Legis./ 17.8.1982-0 .A. No. 14 of 1982.
For Stateme nt of Objects and Reasons , see Odis ha Gazette Ext. 'No 303/5 3.1982
188 ODISHA LOCAL LAWS
37. Appeal
38. Constitution of Board of Appeal
39. Power of the President to require
Valuation Officer to be present
during hearing
40. Place where Board may sit
41 . Decision of question of law and
other questions ·
42. Powers of Board to decide matters
finally
43. Board not to be a Court
44 . Remun eration of President and
members
45.
46.
47.
48.
49.
50.
51 .
52.
53.
54.
55.
56.
57.
58.
59.
60.
61 .
62.
Decision of Valuation Officer to be
final in certain matters and variation
of scheme in view of decision in
appeal
Power of Valuation Officer to split up
draft town plann ing scheme into
separate sections
Submission of preliminary town
planning scheme to State
Government
Power of State Government to
sanction or refuse to sanction the
town planning scheme and effect of
the sanction
Wi thdrawal of town planning
scheme
Effect of preliminary town planning
scheme
Power of Authority to evict summarily
Power to enforce town planning
scheme
Power to vary town plann ing
scheme on ground of error
irregul arity or informality '
Variation of town planning scheme
by another scheme
Amendment of regulation
Compensation when town planning
scheme varied
Apportionment of costs of town
plann ing scheme withdrawn or not
sanctioned
Right to app~~r by recognized agent
Pow~r of C1v1I Court in respect of
certain matters
Costs of town planning s chemes
Calcul ation of increment
Contribution towards costs of to
planning schem e wn
63. Certain amounts to be added to or
deducted from contribution leviable
from a person
64. Transfer of right from original to final
plot or extinction of such righ
65. Compens ation in respect of
property or right injuriously affected
by town planni ng scheme
66. Exclusio .n of compensation in
certain cases
67. Provision for cases in which amount
payable to owners exceeds amount
due from him
68. Provision for case in which value of
final plot is less than the amount
payable by owner
69. Payment by adjustment of account
70. Payment of amounts due to the
Authority
71 . Power of Authority to make
agreement
72. Compulsory acquis ition of land
73. Transfer of acquired land to the
Authority or local authority
74. Acquisition of property . by the
Authority
75. Transfer of State Government lands
to the Authority
75A. Creation and Management of Land
bank
76. Disposal of land by the Authority
77. Fund of the Authority
78. Duty on certain transfers on
immovable properties
79. Contribution by urban local body
80. Budget of the Authority
81. Accounts and Audit
82. Annual report
83. Pensi on and provident fund
84. Levy of development charges
85. · Rates of development charges
86. Assessment and recovery of
development charge
86A. Levy of City Infrastructure Impact Fee
87. Tribunal ·
88. Art Commission
89. Power of entry
90. Penalties
91 . Removal of unauthorised
development
92. Powers to stop unauthorised
development
0 . Devetopm ent Au tho ·r
ri ies Act, "1982
93. Omitted
g4. Offence by companies
95. Trans fer to Authority for purposes of
development of land or build .
vested in local authority ing
96. Restri .ction on p ower of a loca l
authority to m_ake rules, regulations
or bye-laws in respect of cert .
matter s ain
97. Notice to be given of units
98. Compounding of offence etc
99, Memb~rs and employees of the
Authon~y to be public servants
100. Protection of action taken in good
faith
101. Duty of police officer
102 Mode of recovery of dues of the
Authority
103. Control by State Governmen t
104. Returns and inspection
105. Service of notices etc
106. Public notice how to be made known
107. Notices , etc. to fix reasonable lime
108. Authentication of orders
documents, etc '
109. Juris diction of Courts
110. Sanction of prosecution
111. Power to delegate
112. Fines when realised to be paid to
the Authority
189
113. Power of Autho .
~uthori ty lo as nty lo require local
in certain case:ume responsibility
114. Power of the Au ho. .
Persons t l'ity ·1n default by
115. Registration of d
pla~s not require~cuments, maps, 116. Omitted
117. Exemption from St .
Indian Stamp Act 1a8m9p9 Duty under
118. Pow • 119. Eff er to make agreement
ect of other laws
120. Mod~ of proof of record and
restriction on the summoning of an
officer of the Authority
121 Development plans to stand
modified in certain cases 122· Application of Odisha Public
Premises (Eviction of Unauthorised
Occupants) Act. 1972 to premises
. of the Authority\
123. Pqwer of State Government to make
rules
124. Power of the Authority to make
regulations
125. Procedure for. making rul es and
regulations
126. Cancellation of regulations by the
State Government
127. Dissolutions of the Authority
128. Repeal and savings
Be it enacted by the Legislature of the State of Odlsha in the Thirty-third
year of the Republic of India , as follows :
Statement of Objec ts :md Reasons -With a view to ensure planned development
of different towns in the State, Regional Improvement Trusts were constit uted under
the Odisha Town Planning and Improvement Trust Act, 1956 . These Trusts have not
bee n able to fully achieved the objectives for which they were constituted mainly
due to inadequac y of existing legal provisions . In addition to the existing cities in
the State, which are fast growing, large industrial complexes are coming up at
Paradeep Talcher Angu/ and other Industrial growth points . Unless efforts are
made fro,;, now on~ards to ensure a planned development of these areas . there will
be unsystematic and unplanned growth of these areas whit?h may g!ve ris e to serious
distortions in future . It is therefore. cons idered necessary of a conslltute Development
Authorities for these areas as well as for other develop ing and potential ~rban,
areas to ensu re ' systematic and planned growth, with the above obj~~tlv~;nd~/r~~~~t
is Proposed to enact a /aw for constitution of de velopment authoflttes
areas of the State . u tanned and
2 . The ma in objective of such aul_horily will be tf tS,::nt ~l:ns includ ing
systematic development o f such areas . It will prepare deve op t cti'on of hous ing
k k taining to cons ru zone/ development plans underla e wor s per 'de pub lic amenities .
colonies , shopping centre~ . markets , industriat .estate_s an~1e~~:'1and and undertake
II will regulate development and use of land tncludt~~/.davelopment programmes .
Schemes for improvement and clearance of slums an
3 . The Bill se eks to achieve the abov e obj ects..
190 OD ISHA LOCA L LAWS [S. 1
CHAPTER- I
Preliminary
1. Sho rt title, ext ent and commence m en t- (1) This Act may be called
the Odisha Development Authorities Act, 1°982.
(2) It shall extend to ·the whole of the State of Odisha ·
(3) It shall come into force on such date and in such ~rea or areas
as the State Government may by notification appoint, and different dates
may be appointed in respect of d iff erent areas .
Note- ' [ln exerc ise of the powers conferred by ~vb-section (3) of Section
1 of the Odi sha Development Authorities Act , 1982 (Od1sha Act 14 of 1982), the
State Government do hereby appoint the 1st day of Septembe'. , 1983 to be the date
on which the said Act shall come into force in the area compnsed Master Plan area
of Cuttack Bidanasi and Choudwar to which the provisions of Odisha Town Planning
and lmp ro
0
vement Trust Act, 1956 (Odisha Act 10 of 1957) were extended in the
notification of the Government of Odisl1a in the erstwhile Health. (L. S. G.). Urban
Development and Housing and Urban Development Department No . 6918-L.S .G,
dated the 30 th April . 1956 . No . 32300-HUD. dated the 28111 July , 1983 , No. 10462 -
L S .G . dated the 30th December , 1960 and 9102-U .D .. dated the 2nd May, 1970.]
Note- 2{ln exercise of the powers conferred by Sub:section (3) of Section
3 of the Odisha Developmen t Authorities Act. 1982 (Odisha Act 14 of 1982) . the
State Government do hereby constitute a Development Authority for the Cuttack
Development Area declared as such in the notification of Government of Odisha in
t11e Housing and Urban Development Department No. 37633 ,/H.U .D., dated the 31st
August . 1983 to be known as the ·cuttack Development Authority' with effect from
the 1st day of September . 1983 consisting of the following . memb0rs. namely :
.1. Min is ter of State , Housing and
2.
3 .
4 .
5.
6.
7.
8.
Urban Development
l.A.S .
Executive Engineer
O.F.S.
Assistant Town Planner, Town
Planning Unit , Cuttack
Senior Assistant Architect
Secretary, Housing and Urban
Development Department
Chairman, Cuttack Municipal
Council
Chairman
Vice-Chairman
Engineer-Member
Finance and Accounts,
Member
Town and Regional,
Planning Member
Architect-Member
Member ex officio .
Member .]
Note - 3[/n exercise of the powers conferred by Sub-section (3) of Section
1 of the Odisha Development Authorities Act. 1982 (Odisha Act 14 of 1982), the
State Government do hereby appoint the 1st day of September, 1983 to be the date
on which the said Act shall come into force in the areas comprised in the Master
Plan areas of Bhubaneswar , Khurda and Jatni to which the provisions of Odisha
Town Planning and Improvement Trust Act, 1956 (Odisha Act 10 of 1957) were
extended in the notification of the Government of Odisha in the erstwhile Health
(L. S. G.) and Urban Development Department No. 603-L. S. G. dated the 18th January.
1964 , No. 761-U.D .• dated the 11th January, 1968, No. 26841 -U.D ., dated the 23rd
August, 1978, No . 19602-U . D., dated the .30th July, ·1975. No . 8379 -U.D., dated the
Bth March. 1978 and No. 21425-U . D .. dated the 11th August, 1972.]
1 . Vide Notfn . N o. 37631 -T.P. Estt .-65183-HUD/31 .8 .1983 .
2 . Vide Notfn. N.o. 37634-HUD/31.8.1983.
3. Vide Notfn . No . 37675-T.PEst , 65/83HUOl31 .8.1983 .
s. 1) 0. Development
Author ities Act,
1982
191
Note- '[ln exercise of th
3 of the Odisha Development A~,Pow~rs conrerred b
state Government do hereby de 1 honties Act , 1982 Y Sub-secti on (l) 1 .
enforced by notification of the Gov: are that the areas in(O~i.sha Act 14 01 °19!~t;~n
No. 37675-H.U . D. dated the 31 ;,n;~ntofOdisha inHo~si~h lhe said Act has bee~
the purposes of the said Act and sh 9ust , 1983, shall be ~and Urban Development
oevelopment Area with effect from tha// be assigned the n Development Area for
N t 2{I e 1st day f ame "The Bh b o e - n exercise of th o September 19 u aneswar
1 of the Odisha Development A~/ow~rs conferred by Sub · 83·1
State Govern .ment do hereby appo~~;':~es Act. 1982 (O dish~s~~t;o; 13) of Section
which the said Act shall come into for e 5th day of June. 1989 to 4b of 1982), the
area of Sambalpur, Bur/a and Hirakucde itn, the .areas comprised . in thee Mthe tdete on
I · g and Im o Which th . . as er Plan p annin pr.ovement Trust Act 195 . e prov1s1ons of Od" h
in the notification of the Government of O~i~Odi~ha Act 10 of 1957) wer~se:te~od~~
u.D . Department No. 6956-L.S .G. dated the ti;,;n the erstwhile Health (L.S.G.) and
the 5th July , 1969 , No. 5209 -L.S.G. dated (he July, 1962, No. 12260-U .D. dated
the 12th March . 1968 . No . 3900 Ls G d 13th May, 1963. No. 4707-U .D. dated
dated the 13th December, 1968 an.a N~. ::~~ - ~e 4th April, 1963 , No. 22094-U.O .
Note- 3{/n exercise of the po · D. dated the 20th Apnl , 1970.J . wers conferred by s b · 3 of the Od1sha Development Authorities Act 198 . u -section (1) of Section
State Government do hereby declare that th ' 2 .(Odisha Act 1.4 of 1982). the
enforced .bY Notification of Government of Od~ ~re as ~n w~ich the said Act has been
Department No. 22056/H.U .D., dated .the Jr~ Ju~e ~~sing and Urban Development
area and shall be assigned the same "Sambalpur. D 8~ shall be a ~evelopment
from the 5th day of June, 1989 .) eve opment Area with effe.ct
No!e- '[ln exercise of the po":'~rs conferred by Sub-section (3) of Section
I of the Od1sha Development Authorities Act, 1982 (Odisha Act 14 of 1982) the
State C!'overnment do hereby appoint the 7th day of September , 1989 to be the
0
date
on which the said Act shall come into force in the areas comprised in the Master
Plan area of ParadeeP. to which the provisions of Odisha Town Planning and Improvement
Trust Act, 1956 (Odisha Act 10 of 1957) were extended in the n"otlfication of Government
of Odisha in the erstwhile Urban Development Department No. 34952-U D .. datad
the 20th December, .1975 and No. 9033-U .D.,dated the 30th Match , 1977 and H. and
U.D .Department Notifica_/ion No . 34338 -H.U .D.,dated the 18th November , 1981.]
Note-5[/n exercise of the· powers conferred by Sub-section (1) of Section
3 of the Odisha Development Authorities Act, 1982 (Odisha Act 14 of 1982) the
State Government do hereby declare that ·the areas in which the said Act has been
enforced by notification of Government of Odisha in Housing and Urban Development
Department No. 31172 -H. U. D., dated the 6th September. 1989 shall be a Development
area and shall be assigned the ·name ~Paradeep Development Area" with effect
from the 7th day of September, 1989.) .
Note -•[ln exercise of the powers conferred by Sub-section (3). of Section
1 of the Odisha Development Authorities Act. 1982 (Odisha Act 14 of 1982J.dth1e
· · t th. 18th d f December 1989 to be the a e State Government do hereby appoin e ay, 0 · · M t r Plan
on which the said Act shall come into force in the areas comprisedm a~ ~disha
d ti mplex to which the provisions o area of Tafcher -Angul Meramun a co . h A t 1o of 1957) were
Town Planning and lmprov~ment Trust Act, 1956. (Odis. a a~d Urban oevel~pment
extended in the notification of Government of Odisha 111 Ho~smg 1982 and No. 19599-H.
Department No. 51665-H . U. D., dated the 20th Novem er.
U; D., dated the 25th May, 1988 .J
. 1 . Vide Notfn . N o. 37626-HUD/31.8 .1983
2 . Vide Notfn No TP-M P-8189 Pt. 22056-HUD/3.6 .1989.
. . Pt 22060-HUD/3 .61989 .
3 . Vide Notfn. r:-io. TP-MP-818 9 · N 3 117216.9.1989.
4 . Vide S.R .0 . No. 644/89-HUD Deptt . o. 31176 . TPl 6 9.1989.
· 5 . Vide S .R .0 . No. 645189 - HUD Deptt . No. 702 -TPl16 .12.1989 .
6 . Vide S.R .0. No. 845189-HUD Qeptt. No . 41
~
[S. 1 s. 1) 0 . Developm
ODISHA LOCAL LAWS. entA
Uthorities A "' 192 Ct. 1982
193
onferred by Sub-section (1) of Section (1)
(2)
Note .$/In e~ercise of the powers c 1 1982 (Odisha Act .14 of 1982) the 28. Sukurana
3 of 111e Odis/la Development Authorities Ac · In -which the said Act has been
29. Baradi State Government do hereoy declare that areas. Housing and Urban Development
Kharadi 143 enforced by nolificalion of Government of Odisba m mbar 1989 shall be a development 30.
Ambasar a 144 ·do-Department No. 41702/H U D . dated lhe 16th !ce ul D~velopmenl Area" with effect 31 . area and shall be assigned the name ·ralcher- ng Balipas i 145 -do-
from 1 Bth day of December. 1989 I f d by Sub-section (3) of Section 32. 147 ·do-
Nore -•[Jn exercise of the po':".ers con ~~: 2 (Odlsha Act 14 of 1982), the 33. Hatibary
166 -do. 1 of the Odisha Development Authorities Ac~a of August, 1992 to be the date on 34. Karadapal
167 -do-State Government do hereby app~m t the Isl . ~he areas compflsing the revenue 35. Oamodarpur
168 -do-which the said Act shall come .mto force !;ed in the schedule annexed below :
36. Raitikar -do-villageslmouzas of Cutteck District as speci 169 . SCHEDULE 37. Bairimal
170 ·do-
Thana No. Name of the P. s.- 38. Bharadapasi
171 Sukinda SI Name of the Revenue
Ankurpal No Village mouza 39. 172 ·do-
(1) (2) (3) (4) 40. Mirigichara
173 -do-
74 Su kinda 41. Golagan
174 -do-1. Sali1anga Nimapa lli ·do-75 -do- 42. 175 2 . Baliapal Sendhapur ·do--do- 43. 3. Nandapada 76
Badpingal 176 ·do-44. 4 . Baghuapal 77 -do- 177 -do-
78 -do- 45. San Pingal 178 5. Rageda 46. San Kuradhia ·do-
6. Rangundi 79 -do- 179 -do-47. Bad Kuradhia 180 7. Sulia 80 -do-
48. Govindapur -do-
181 8 . Dhanurjaypur 81 -do- 49. Kai th a ·do-
182 9 . Jamupasi 82 -do- so. Biritikar ·do-
183 10. Khandara 83 -do- 51. Balipasi -do-
184 -do-11 Nandiabhanga 84 -do- 52. Pankapal 185 -do-12. Saransa 85 -do- 53. N1lamanideipur 186 -do-13. Ouburi 86 -do- 54. Panchabatia 187 ·do-14. Dhamanagdadia .87 -do- 55. Bodasulid ihi 188 ·do-
15. Sansailo 89 -do- 56. Manoharpur 189 -do-
16. Madhapur 90 -do- 57. Digambarpur 190 ·do-
17. Gu nduchipasi 131 -do- . 58. Monatira 191 -do-
18 Nazgarh (Sukinda) 132 -do- 59. Rebana 192 -do-
60. Das mania 193 -do-19. Ampalaba 133 -do- 61 . Kacherigaon 194 -do-20 . Jamupasi 134 -do- 62. Chandia 195 -do-21 . Sanatrapur 135 -do- 63. Gadapur 196 -do-22. Panasadiha 136' -do- 64. Jakhapura 197 -do-23. Barapala 137 -do- 65. Satabains ia 220 -do-24. Abltayapur 138 -do- 66. Mangalpur 221 -do-
25. Olia 139 -do- 67. Khurunti 234 -do-
26. Hatimunda 140 ·do- 68. Nuagaon 235 -do·
27. Gobaraghati 141 -do- 69. Baragadia 236 -do-
1. Vide S.R.O. No 846185-HUD Deptt. No. 31706 - TP/ 16 . 1 ~ . 1989. 70. Sarangapur 237 -do-
71 . Barakhai 239 -do-Vide S R 0 . No 952192-HUD Deptt. No. 32987-TP/27 7.1992 ." ·
194
(1)
72.
73.
74
75
76.
77.
78.
79.
80.
81 .
82.
83.
OOISHA LOCAL LAWS
(2)
Balungaband i
Kliairad ihi
Nuagaon
Trijanga
Barigodha
Dhuligarh
Kantipur
Dhapanki
Managovint!apur
Godigotha
Rampilo
Ulla la
BOUNDED BY :
(3)
213
214
219
222
225
230
231
232
233
238
240
241
North -Ganda , Nallah and Forest Block -27
(4)
Jajpur Road
-do-
-do-
-do-
Jajpur Road
-do-
-do-
-do -
-do-
-do-
-do-
-do-
[S. 1
South-Jomalanda (146}, Godipatna (148), Jemadeipur (1 49), Badasitama l
(164), Sanasitmal (165) and River Brahmani.
East-Chakua (203) . J11gadihi (202), Chhatrakana (201) , Radha nagarh
(198}, Labanga (211), Solagadia (212) and Gandanallah.
West-Patapur (88). Kabala (91), Kamaladeipur (92). Bandhagan (102).
Dudhujori (127)'. Mangaipur (128). Kanchichua (129) and Pubal
(130) .
Note-'{ln exercise of the powers conferred by Sub-section (1) of Section
3 of the Odisha Development Authorities Act. 1982 (Odisha Act 14 of 1982). the
State Government do hereby declare that the areas in which the said Act has been
enforced by notification of Government of Odisha in Housing and Urban Development
Department No. 32987-H.U.D .. dated the 27th July, 1992 shall be a Development
area for the purpose of the said Act and shall be assigned the name ·Kalinga Nagar
Development Area " with effect from the 1st day of August. 1992.)
Noie -1[/n exercise of the powers conferred by Sub-section (3) and Sub
section (5) of Section 3 of the Odisha Development Authorities Act. 1982 (Odisha
Act 14 of 1982). the Slate Government do hereby constitute a Development Authority
for the Kalinga Nagar Development Area declared as such in the notification of
Government of Odisha in the Housing and Urban Development Department No.
33044-H . U. D .. dated the 28th July, 1992 to be known as Kalinga Nagar Development
Authority with temporary headquarters at.AkashSova Building, Bhuhaneswar-751001
with effect from 1st June, 1993, consisting of the following members. namely :
1. Minister. Works , Housing and Urban
2.
3.
4.
Development
Revenue Divisional Commissioner.
Central Division, Guttack
Superintending Engineer (Civil)
0 . F. S. (1)
Chairman
Vice-Chaitman
(Part-tim e)
Engineer-Member
(Part~time)
Finance and Accounts
Member (Part-lime)
1. Vide S.R.0 . No. 953192-H.U.::>. Deptt. No. 33044-TP/28 7.1992.
2. Vide S.R.O. No. 435193/-H U.D. Deptt. No. 19451-TP/31 .5.1993.
s. 2] 0 . Development Aufhorit ies Act . 1982
195
5. Town Plan ner
. 6. Dy. Chief Architect.
7. Commissioner-cum-Secre tary -to
Government Housing and
Town and Regional
Planning-Member
(Part-time)
Ar~hitect-Member
(Part-lime)
Urban Development Department Member, ex orficio)
2. Definitions-I n this Act, unless the context otherwise requires -
(i) "agricul ture " includes horticulture , pou ltry farming , the raising
of cro~s. frui~s . vegetables, flowers. grass or trees of any kind,
breeding of live-stock including cattle , horses, donkeys, mules,
pigs , breeding of fish and keeping of bees and the use of land
for grazing cattle or for and purpose which is ancillary to the
farming of land or for any other agricultural purpose, but does
not include the u~e of land as a garden which is an appendage
to a building and the expression "agricult ural" shall be construed
accordingly;
(ii) "amenity" includes roads, water and electr ic supply, open spaces,
parks. recreational grounds , cultura l centres, natu ral features ,
playground. street lighting, drainage, swerage, city beautification
and such other utilitie.s. services and conveniences as the State
Government may determine to be an amenity from time to time
for the purpose of this Act:
(iii) "area of bad lay- out or obsolete development" means an area
consisting of land which is badly laid out or of obsolete development
not conforming to the planning or the building regu lations framed
unde r this Act together with land contiguous or adjacent thereto
and· defined as such in the development plan;
. (iv) "Author ity " means. a Development Authority constituted under
Sub-section (3) of Section 3 for a development aFea under this
Act;
(v) "buil ding " includes any structure or erection or part of a structure
or erection which is Intended to be used for residential. commercial,
industri al, or oth~r purposes , whether in actual use or not;
(vi) "building operations" inclu des re-building operations. structural
alterations of or additions to buildings and other operations normally
under taken In conne·ction with the construction of buildings;
(vii) "Chai rman " means the Chairman of the authority;
(viii) "Comme rce " means th·e carrying on of any trade . business or
profession, sale or exchange of goods of a~y · type .whatso_ever
and includes the running of with a view to making profit, hospitals,
nursing homes, infirmaries or educational institutions . and a~so
includes the running of sarais , hotels, restaurants and of boardin~
houses not attached to any educationa l institution and the wor
"commercial " shal l be construed accord ingly :
196
ODISHA LOCAL LAWS [S. 2
. I " ·ncludes the use of any land or building or ) "co mmerc1a use 1 f d (ix part thereof for purpose of commerce or for storage o g~o s,
any s an office, whether attached to any industry or otherwise;
or a d f · d' 'd I '[(ix-a) ·oeveloper Entity" means an individual or bo .Y o in 1v1 ua s
and inclu des a company or associat ion whether incorporated or
not, a co-operative society or a corporate .bo ~y. or an agency ,
nation al or international, to whom a license 1s given to undertake
development within the framework of a development plan or development
scheme duly approved under this Act .]
(x) " development " with its grammalical variations means the c~rry i ng
out or building , engineering , mining or other ?perattons 1.n. on,
over or under land or the making of any matenal change , in any
building or land or in the use of any build ing or land, and includes
re-developments and re-constructions and lay-out and sub-division
of any land and ' to develop" shall be cons trued accordingly ;
(xi) "developme nt area" means the area or group of areas declared
as development area under Sub-section (1) of Section 3;
(xii) "Directo r" means the person appointed as Director.ofTown Planning,
Odisha under Sub-section (1) of Section 3 of Odisha Town Planning
and Improvement Trust Act, Odisha Act 10 of 1957 ;
(xiii) " engineering operation" includes the formation or laying out of
a street or means of access to a road or the laying out of means·
of water supply , drainage , electri city, gas or of other public utili ty
service ;
(xiv) "existing land-use" means the predominant purpose for which
any land or building was being used on a specified date ;
(xv) " final plot " means a plot reconstituted from an orig inal plot and
allotted in a town planning scheme '( or in developm ent scheme
or approved layout of land) as a final plot ;
(xvi) " highway " has the same meaning as in Section 4 of the National
Highways Act, 1956 (Act 48 of 1956); ·
(xvii) "ind ustry " includes the carrying on of any manufacturing process
as defined in the Factories' Act, 1948 (Act 63 of 1948 ). and-the
word ·industrial" shall be construed accordingl y;
(xviii)"i ndustrial use " means the us~ of any land or building or part
there of for purpose of industry ; ·
(xix) " land " include s benefit to arise out of land and things attached
to the earth or permanently fastened lo anything attached to the
earth ;
'[(xix-a) "Land Pooling Scheme " means a scheme for assembly of
small land parcels under diff erent ownerships , voluntarily, into
a large land parcel and return of a part of the reconstitute d land
to the owners with a provision of' infrastructure in a planned manner·
(xix-b) "Loca! Authority " means an urban local body, and include~
Zilla Parishad , Panchayat Samili or Gram Panchayat constituted
under the prov1s1ons of the relevant Act for the control and management
of development of the areas under their jurisdiction)
Ins Vide 0 GE. No. 1427, Ot. 0610.2015
s 2)
.,.
0 . Develop
rnent Authorit ies Act, 1982
197
(xx) " local newspaper " m
'th· eans any news WI in the State of Odisha· paper printed and published
(xxi) "means of access" . 1 '
· inc udes any m
private or publ ic, for vehicl es f eans of passage whether
any street ; or or pedestrians and includes
(xxii) " national highway" m h. h eans any highway decla d b 19 way under Section 2 of th N 1 re to ea national
48 of 1956 ); e a ional Highways Act. 1956 (Act
(xxiii ) "noti ficatio " . . n means a notific allon publis hed in the Gazette·
(xx1v)"occ upier " includes- ·
(a) a tena nt,
(b) an ow · ner in occupatio n of. or otherwise using his land,
(c) a rent-free tenant of any land, ·
(d) a licence in occupation of any land, and
(e) any person who is liable lo the owner any cons1derat1on including
. damages for the use and occupation of the land:
(xxv) "operational construct ion " means any const ructio n whether
te~po r ary or permanent, which is necessar y for the operation,
ma1~tenance , developme nt or execution of any of the rollowing
serv ices, namel " :
(a) railways,
(b) notional highways,
(c) nationa l waterwa ys,
(d) air ways and aerodromes,
(e) posts and telegraphs , tele phones , wireless , broadcasting
and other like forms of communicat ions.
(f) reg ional grid for electr ici ty,
(g) any other service which the State Governmen t may, if 11 1s of
opinion that the operation, maintenance, development or execution
of such service is essent ial to the life of the community, by
noti fica tion , declare lo be a service for the purpose of this
clause ;
Explanation-F or the removal of doubts , it is hereby declared that
th e construc tion of-
(i) new residential buildings (other than gate, lodges, quarters, for
limited esse ntial operatio nal staff and the like), roads and drains
in railway colonies ', hote ls, clubs , institu tes and schools, in the
case of rai lways; and
(ii) a new building, new structure or new installati on, or any extension
thereof. in the case of any other service, shall not be deemed to
be ope rational construction within the meaning of this clause ·
(xxvi)"o wner" includes a mortgage in possession , a person who for
the time being is receiving or is entitled to receive or has received
the rent or premium or any other consideration for any land whether
on his own accoun t or on accou nt of, or on behalr of or lor lhe
benefit of any other person or who would so receive the rent or
198
ODISHA LOCAL LAWS IS. 2
remium or any other cons iderat ion the rent or pre m iu ~ or any
P . . .f the land were let out 10 a ten ant and inclu des
other cons ideration 1 l Genera l Manag er o f a
the Head of a Government Depa rtmen • .
. S t or other Principal Officer of a local authori ty,
Railway, the ecre ary . f ertie s under the ir
statutory authority or compa ny in respec t 0 prop
respe cti ve cont rols ;
(xxv1i)" private street " mea ns a ny s tree t, road •. square, court , alley ,
passage or ri ding-path, which is not a publi c s tr ~ et but do.e s no t
include a pathway made by the owner of prem ises on his .ow n
land to secure access to or for the convenient use of such prem ises ;
(xxviii)"publi c bui ldi ng " mea ns a ny ~ u i ld i n g to ,which th e publ ic or
any class or sec tion of the public. are granted access ~.r any
building , which is op en to the pub lic or any cl ass or sect ion of
the public and includes any building-
(a) used as a-
(i) school or college or a University or other educational institution,
(ii) hostel ,
(iii) library,
(iv) hospital. nursing home, dispens ary, cl inic, ma ternity centre
or any other like inst itution,
(v) club,
(v1) lodging h ouse,
{vii) choultry,
(viii)cof fee house . board ing house , hotel or e ating hous e .
(b) Ordinarily used by the-
(i) Centr al or any State Govern ment or any loca l authority or any
body corpo rate. owned or contro lled by the Central or any
State Government, or
(ii) public or any class or section of the public for religious wor ship
or for religio us congregation :
(xx1x)"publ ic opon sp ace " means any land , whethe r enclosed or not .
belon ging to the Central or any State Government or any local
authorit y or any body corporate owned or controlled by the Central
or any State Government , on which ther e is no buil ding or of
which not more than one -twentieth part is cove red with build ings
and the whole or remainder of which is used for purpose of recrea tion
or as ope n space ,
(xxx) " publ ic pl ace " means any place or bu ilding which is op en to the
use and enioym ent of public whethe r 1t is actually used or enjoyed
by the public or not , and whether the enty is regu lated by any
entry fee or not,
(xxxi)"publ.ic stree t" means any street, road, square, court, alley, passage
or n d1ng path over which the public have a righ t of way, wheth er
a thoro ugh fare or not, and incl udes -
(a) the roadway over any public bridg e or causeway ,
{b) the footway attached to any such street, public bridge or causeway
and '
s. 2] 0 . Development A th . . . u oritt es Act, 1982 199
(c) the drains attached lo an 5 and the land wheth y uch street. public bridge or causeway
• er covered or not by an or other structu re which Ii . Y pavement. verandah
to the bo . ' es on either side of the roadway up
. . u ndanes of the adjacent property whether I hat property
ISSt ptn vGate property or property belonging to the Central or any
a e overnment ;
(xxxii) " rail"'.'a y" means a railway defined in the Indian Railway Act
1890 (Act 9 of 1890); · '
(xxxiii) " re co nst_Jtuted plot " means a plot which is in any way altered
by the making of a town plannin g scheme .
Explanation-F or the purposes ofthis clause "altered ' incl udes the
alterat ion of own ershi p of plot.
(xxxiv) " regulation " means a regulat ion made und er Secti on 124 and
includes zoning and other regulations made as a part of a development
plan ;
(xxxv) " resi dence " includ es the use for huma n habitation of any land
or bulld ing or part thereof including gardens, grounds , garage ,
sta bles and out -hous es, if any, apper taining to such bui lding
. and "res iden tial " shall be con strued accor dingly :
(xxxvi)" rule " means a rule made under thi s Act by the State Government;
(xxxvii ) " s lum area" means any predo minantly residential area, where
the dwelli ngs which by rea sons of dilapidation. over crowding,
fa ulty arrangem ents or designs, lack of ventila tion, light or sanitary
facili ti es or any combinatio n of these factors , are de trimental to
safety and health of the inhab itants or oth ers and 91hich is defined
by d.e ve ~opment plan as a slum area.
'[(xxxvii- a) "Special Purpose Vehicle' mean s a body cons titu.ted as a
co mpany, tr ust or other entity for a specifi c purpose , which shall
include acti viti es limited to those for accomplish in g the purpose
of th e company, trus t or other enti ty, as th e case may be :]
(xxxvi ii)" to. erect " in rel ation to any bu i ld in~ incl udes-
(a) any m ateria l alteration or enlargement of any building ,
(b) the conversion by structural alteration of place for human ha.bitalion
of any building not originally constr ucted for human hab1tat1on,
(c) the conver sion into more than one pl ace for human habitation of
a bu ilding originally const ructed as one such place,
(d) the con vers ion of two or more places of human habitation into a
grea ter number of such places, . .
(e) su ch altera tions of a building as affect an alter.ation of 1~s drainage
or sanitary arrangement or mate ri ally affe ct its security ,
. . h s or other structures (f) the addition of any rooms , buildings, ouse
to any build ing, and 1 · g
(g) the cons truction in a wall adjo ining any street or land no~b=t~;;: :r
to the own er of the wall. of a d oor opening on to sue
land;
1. Ins. vide O.G.E No. 1427. Ot 06.10 2015
200 ODISHA LOCAL LAWS [S. 3
'((xxxviii-a) "Trans ferab le Development Rights" ~eans a deve lop ment '
right to tr ansfer the potential of a plot designated for a publ ic
purpose in a development plan. expressed in terms of total permissible
built up space calcula ted on the basis of floor area ratio allowable
for that plot, for utilization by the owner himself or by way of transfer
by him to someone else from the presen t location to a s peci fied
area within the developm ent plan, as additional built up space
over and above the permissible limit, in lieu of com pens ation for
the surr ender of the concerned plot free from all encumb ran ce s
lo the Authority ;)
(xxxix) " Tri buna l" means the Tribunal constitu ted under Section 87;
(xi) " unauthorised occu patio n" in rela tion to. any prem ises means
the occupa tion by any person of the prem ises belonging to the
Authority without any author ity for such oc cupati on and incl uded
the con tinuance of this occupation by any person of the premise s
after lhe authorit y (whether by way of grant or any other mode of
trans fer under w hich he was allowed to occupy) the premi ses
~ as expir ed or has been determined for any reasons whatsoeve r;
1[(xli) " urban local body " means municipali ty as defined in clause
(e) of article 243P of the Const itutio n of Indi a;]
(xiii) " Valuat i on Offic er" means the Valuation Officer appointed under
Section 33 of this Act;
(xliii) " Vice -Cha irman" means the Vice -Chairman of the Author ity;
(xliv) " zone " means any one of the divisi ons into which a development
area may be divided for the purpo ses of development under this
Act:
{xiv) words and expression s used in this Act but not defined shall
have the same meaning as assigned to them in the Odisha Municipal
Act , 1950 (Od'sha Act 23 of 1950) as amended fro m time to time
CHAPTER-I
Developm ent Areas and Development Auth oriti es and the ir Objects
3. Declarat ion of development areas and con stitut ion of Develop ment
Author ity - (1) Upon enforcement '>! this Act in any area or area S' under Sub
section (3) of Section 1, the State Governm ent shall, for the purp 9ses of
proper deve lopme nt of such area or areas, by notifi cation, declare such
area or areas to be a developmen t area for the purposes of this Act and
shall assign a name to such area.
(2) T he State Government m ay, by noti fication and in accordance
with such rul es as may be made in that behalfs-
(a) exc lude fro m a development area comprised th.erein ; or
~ (b) include in a development area any other area.
~-
" (3) As soon as may be after the declaratio n of a deve lopmen t area
under Sub-section (1), the State Government shall, by notification, constitute
for the said deve lopq)ent area a Development Authority wilh effect from such
date as may be speci fied therei n.
1. Ins. vlde O.G E No. 1427, DI. 06 10.2015
2 Subs vlde 0 GE No. 1427, DL 06.10 2015
s. 3) 0 . Develop ment Autho ·1· r1 ies Act, 1982
201
2[Provided that the St t
with such rules as may be ma~eei Go~ernment may, by notifi .
area of two or m ore Develo n lh1s behalf. exclude an ca1ton and in accordance
as so excluded to be a de~~ent Authorities and de~larea from a development
assign a name to such area e opment area for the u are such area or areas
Developm ent Authority with e~nd constitute for the ~a:~odses of this Act and
211 ect from such d t evelopment area
~3- a ) Notwilhs tandin . a e as may be spec1f1ed th · a
Governme nt is sati sfied that Pg anything contained in this Act ·1 erem:J
be ensure d if two or more 0 roper development of devel · 1 lhe State
single Authority, the State Gove~~~~~~ent Authorities are am~~;1ae:~,!~e~n can
and Amend ment o f section 3 0 may, after consultation with suchAuth ~to a
Citied by 1·fi · n such terms a d on 1es spe , no 1 1cat1on direct such n cond1tions as ma b
with effect from the da t ~ of such n at.mf. alg_amation and constitut~ an Aut~or'i tey o 11cation.
(3-b) From the date of such notification -
(a) all prope rties funds and d . .
by the existing Aut ho ri t i ~s shall v 1u_eswh ich are vested In or be realizable
constituted afte r such am~l gama t~~n · '" or be realizable by the Authority so
(b) all liabil ities which are ' 1 .
Author iti es shall be enforceable ag!i~ 0t'~~a b~e against the amalgamated
such ama lgamation ; s e ulhority so constituted af1er
been c a~~/e~ rot~le ~u~h~s: ofl carrying out any_ ~eve l opment which has not
. . . ma gam.ated Authonl 1es and for the purpose or
real1Z1ng prop erties, funds_ and ~ u es as referred lo in clause (a), the function
of the amalgamated Authorities shall be discharged by the Authority so constituted
after such amalgam ation)
(4) Every Authority so constitu~e d _shall be a body corporate by the
name of.the development areas f~r which 1t 1s constituted having perpetual
succession and a common seal with power to acquire. hold and dispose of
pr?pert y, both movable and immovable and to contract , and shall by the
said name sue and be sued.
(5) The "Authority· shall consist of the following members, namely:
(a) a Chairm an, who shall be appointed by the State Government;
(b) '(a Vic e-Chairman. who shall be an officer of the Central or Stale
Govern ment to be appointed by the State Government either on
whol e-lime or on part-lime basis and shall be the Chief Executive
of the Authority :
Provided that nothing in this clause shall debar the State Government
to appoint a part-time Vice-Chairman during the vacancy caused due lo lhe
absence of the Vice-Chairman, either whole-time or part-time. to avoid dislocation
in the functioning of the Au'thority :)
(c) an Engineer-member, to be appointed by the S1ale Government;
(d) a Finance and Accounts member, to be appointed by lhe Stale
Governmen t ;
(e) a Town and Regional Planning member, to be' appointed by the
Slate Governme nt ;
(f) l[an E n ~iron ment member), to be appointed by the S1a1e Government;
( ~ ) the Secretary, Housing and Urban Development Depa rt?' ~" ' · Governrnen1
of Odisha or his representative, member ex off1c10,
1. Subs1ituted vide Odisha Act No. 3 of 1993
2. Ins v1de O.G E No 1427. DI. 06.10.2015
3. Subs. vlde O G.E. No. 1427, Dt 06 10 2015
202 ODI SHA LOCAL LAWS (S. 3
1 ((h) Chairpersons of urban local bodies, not exceeding three comprised
within the developmen\ area, as may be nominated by the State
Government , members: ex officio]
'[Provided that the State Government may appoint such other two members
as may be considered by ii, in addition to lhe me~ber s stated above, for
any Authority . as the 'State Government may deem fit and such members . if
appointed in any Authority , shall be subjecl to same terms and conditions
as are applicable to the members appointed under clauses(c) to (f).)
(6) ' [The members appointed under Clauses (c) to (f) of Subsection
(5) may either be whole-time or part-time members.]
(7) The Vice-Chairman and the whole· time Members shall be !:ntilled
to receive from the funds of the Authority suoh salacies and allowances . if
any and governed by such condition of service as may be prescribed by
rules made in this behalf.
(8) The Chairman. Vice-Chairman and members appointed under
Clauses (c) lo (f) of Sub-section (5) shall hold office during the pleasure of
the State Government.
(9) 2(The Vice-Chairman and any member) specified in Clauses (c)
to (f) of Sub-sectio n (5) , if parl-time, and the members specified in Clause
(h) of that Sub-section may be paid from the funds of lhe Authority such
allowanc es, if any, as may be fixed by the Slate Government in this behalf.
(10) A member, other than an ex officio member, may resign his
office by writing under his hand addressed lo the State Government but
shall continue in office until his resignation is accepted by the State Government.
( 11) No act or proceedings of the Authority shall be invalid by reason
of the existence of ar:iy vacancy in, or defect in the constitution of the Authority.
( 12) The Authority shall meet at such limes and shall observe such
r~les of procedure in regard to the transaction of its business at its meeting
(including quorum at meetings) as may be provided by regula tions .
Note -'[ln exercis e of the powers conferred by Sub-sectio n (1) of Sec tion
3 of the Odisha Developm ent Authorities Act. 1982 (Odisl1a Act 14 o f 1 982) , t11e
State Government do hereby declare that the areas in which the said Act has been
enforced in the notification of the Government of Odisha in Housing and Urban
Deve lopment Department No. 37631/H.U.D .. dated the 31st August, 1983 ·shall be a
Development Area for the purposes of the said Act, and shall be' assigne d t he name
Tire Cuttack Development Area, with effect frof1) the 1st day ,of September, 1983. )
Note - ' [In exercise of the powers conferred by Clause (h) of Subsection
(5) of Section 3 of the Od1sha Development Aulhori/1es Act. 1982 (Odisha Act 14 of
1982), the State Governme nt do hereby Excerpt shown. Open the full act in Lexace.