LexThe TRIPURA URBAN PLANNING AND DEVELOPMENT ACT, 2018
Tripura · state statute
Open in Lexace · Ask the AI about this act1 [THE TRIPURA ACT NO 12 OF 2018] THE TRIPURA URBAN PLANNING AND DEVELOPMENT ACT, 2018 2 [THE TRIPURA ACT NO.12 OF 2018] THE TRIPURA URBAN PLANNING AND DEVELOPMENT ACT, 2018 AN ACT to make provisions for planning, development and utilization of urban and rural lands in a planned manner and to provide for constitution of a Urban Planning and Development Board and the matters connected therewith and incidental thereto, WHEREAS, it is expedient to make provision for planning the development and use of land in Regions established for that purpose; to make better provision for the preparation of Development plans with a view to ensuring that town planning schemes are made in a proper manner and their executions is made effective; to provide for the creation of new towns by means of Development Authority; to make provision for the compulsory acquisition of land required for public purposes in respect of the plans; and for purposes connected with the matters aforesaid ; BE it enacted by the Tripura Legislative Assembly in the sixty-ninth year of the Republic of India as follows: - 3 CHAPTER I PRELIMINARY 1. i. The act may be called the Tripura Urban Planning and Development Act, 2018. ii. It shall extend to the whole of the State of Tripura. iii. It shall come into force on the date of publication in the Official Gazette. 2. Definitions:- In this Act, unless the context otherwise requires- i. “Agriculture” includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder and trees or any kind of cultivation of soil, breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, fish, poultry and bees; and use of land which is ancillary to the farming of land or any other agricultural purposes; but does not include the use of any land attached to a building for the purposes of garden to be used along with such building and expression “agricultural” shall be constructed accordingly; ii. “Amenities” means any one or more than one utilities such as roads, streets, open spaces, parks, recreational, grounds, play grounds, water and electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences; iii. “Expert Committee(Arbitrator)” means an Arbitrator appointed as such under Section 102; iv. “Authority” means the Tripura Urban Planning and Development Authority constituted under Section 17 v. “Board” means the Tripura Urban Planning and Development Board constituted under Section 3; vi. “Building” means any construction or part of a construction which is intended to be used for residential, commercial, industrial or other purposes whether in actual use or not and includes any out-house, stable, cattle shed and garage; vii. “Building operations” include- a. Erection or re-erection of a building or any part of it; b. Roofing or re-roofing of a building or any part of a building or an open space; 4 c. Any material alteration or enlargement of any building; d. Any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangements or materially affect its security; e. The construction of a door opening on any Street or land not belonging to the owner; viii. “Bypass” means a road specified in the schedule to this Act, provided as a permanent diversion to a scheduled road, whether such diversion is situated within or without the limits of Local Authority and whether it is constructed before or after the commencement of this Act and includes a road which is specified as bypass by the State Government, by notification, for the purposes of this Act; ix. “Chapter” means a Chapter of this Act; x. “Commissioner” means the Commissioner of the Tripura Urban Planning and Development Authority (Referred as Authority hereinafter). xi. “Commerce” means the carrying of any trade, business or profession, sale or exchange of goods of any type whatsoever and includes the running of with a view to make profits, hospitals or nursing homes, infirmaries, educational Institutions and also includes hotels, restaurants and boarding houses not attached to educational Institutions and the expression “commercial” shall be constructed accordingly; xii. “Commercial use” includes the use of any land or building or part thereof for purposes of commerce or for storage of goods or as an office, whether attached to any Industry or otherwise; xiii. “Competent Authority” shall mean any person or authority appointed by the State Government by notification to exercise and perform all or any of the powers and functions of the competent authority under this Act. Provided that in relation to an area falling within the jurisdiction of a Municipality or a Municipal Corporation the powers of the competent Authority under chapter XI of this Act, except the powers in respect of change of land use exercised under section 81, shall be exercised and performed by the Municipality or the Municipal Corporation in whose jurisdiction such as area falls; xiv. “Court” means a principal civil court of law original jurisdiction and includes any other civil court empowered by the State Government to perform the functions of the court under this Act within the pecuniary and local limits of its jurisdiction; 5 xv. “Development” with its grammatical variations cognate expressions means the carrying out of building, engineering, mining, quarrying or other operations in, on, over or under land or making or any structural or material change in any building or land including that which affects the appearance or any feature of a heritage site and includes demolition of any part or whole of the building or change in use of any building or land and also includes reclamation, redevelopment a layout or subdivision of any land and the expression “develop” shall be constructed accordingly; xvi. “Development rights” means a right to carry out development or to develop the land or building or both and shall include the transferrable development right in the form of right to utilize the floor area ratio or land utilizable either on the remainder of the land partially reserved for the public purpose or elsewhere as may be provided in the zoning regulations; xvii. “Engineering operations” include the formation or laying out means of access to a road or the laying out of means of water supply, drainage, sewerage, or of electricity cables or lines or of telephone lines or any other communication lines of cables; xviii. “Erect or re-erect” any building includes- a. Any material alteration or enlargement of any building; b. The conversion, by structural alteration, into place for human habitation of any building not originally constructed for human habitation; c. The conversion into more than one place for human habitation of a building originally constructed as one such place; d. The conversion of two or more places of human habitation into a greater number of such places; e. Such alterations a building as effect an alteration its drainage or sanitary arrangement or materially affect its security; f. The addition of any rooms, buildings, out-houses or other structures to any building; and g. The construction in a wall adjoining any street or land not belonging to the owner of the wall of a door opening on to such street of land; xix. “Estate Officer” means a person appointed by the Authority to perform the functions of an Estate Officer under this Act; 6 xx. “Floor area ratio” means the ratio derived by dividing the total covered area of all floors by the area of plot; xxi. “Heritage site” includes buildings, artifacts, structures, areas, precincts of historical or aesthetical or architectural or educational or scientific or cultural or environmental significance and those natural features of environmental significance or scenic beauty as may be declared as such by the competent Authority by a notification; xxii. “Land” includes benefits arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; xxiii. “Local Authority” means a Municipal Corporation, a Municipal Council or Nagar Panchayat any other Authority entrusted with the functions of a Local Authority under any law for the time being in force; xxiv. “Master Plan” means master plan prepared under this Act and includes a new Town Development Plan; xxv. “Means of Access” includes any means of access, whether private or public for vehicles or for foot passengers and includes a road; xxvi. “Occupier” include- a. A tenant; b. An owner in occupation of or otherwise using his land or building or part thereof; c. A rent-free occupant of any land or building or part thereof; d. A license in occupation of any land or building or part thereof; e. Any person who is liable to pay to the owner damages for the use and occupation of any land or building or part thereof; xxvii. “Operational construction” means any construction whether temporary or permanent which is necessary for operation, maintenance, development or execution of any of the following services, namely- a. Railways; b. National Highways; c. National Waterways d. Airways and Aerodromes; e. Posts and telegraph, telephone, wireless, broadcasting and other such like forms of communication; f. Regional grid for electricity; 7 g. Any other service which the State Government may, if it is of opinion that the operation, maintenance, development or execution of such other service is essential to the life the community, by notification, declare to be a service for the purposes of this clause; Explanation- For the removal of doubts, it is hereby declared that the construction of- New residential buildings except those connected with operations like gate lodges, hospitals, clubs, Institutions, schools, railway colonies, roads, drains and the like in the case of railways; and A new building, new structure of a new installation or any extension thereof, in the case of any other service, shall not be deemed to be construction within the meaning of this clause; xxviii. “Owner” includes a mortgagee in possession, a person who for the time being is receiving or is entitled to receive, or has received, the rent or premium of any land whether on his own account or on account of or on behalf of or for the benefit of any other person or as an agent, trustee, guardian, or receiver for any other person or for any religious or charitable institution or who would so receive the rent or premium or be entitled to receive the rent or premium if the land were let to a tenant; and includes the Head of a Government Department, General Manager of Railways, the Secretary or other Principal Officer of a local authority, statutory authority or company, in respect of properties under their respective control; xxix. “Planning Agency” means any firm, agency, company outsourced by the Tripura Urban Planning and Development Authority for planning and development purpose; xxx. “Planning Area” means a Regional planning area, a local planning area or a site as notified by the State Government,in consultation with the concerned urban body if it falls within the notified area of that body, for taking up for planning and development under this Act; xxxi. “Plot” means a portion of land held in one ownership and numbered and shown as one plot in a town planning scheme; xxxii. “Layout” means any land more than one acre of area within or outside the limits of Urban Local Body where planned townships are to be approved and set up under this Act which consists of various plots for construction of commercial, 8 residential, industrial, institutional structures or mixed structures along with the space for amenities such as underground sewage lines, gas pipelines, water pipelines and water tanks, water treatment plants, optic fibre cables, electric cable, lines poles, telecommunication lines, cables poles, public park or open spaces Roads, lanes, parking spaces and any other pubic amenity or facilities; xxxiii. “Regulations” means regulations made by the Board, or the Authority under this Act; xxxiv. “Road reservation in relation to a scheduled road” means the land whether metaled or un-metaled, which vests in the State Government or the Central Government or a local Authority for the purposes of such road and the boundaries of which are demarcated by pillars, posts or wires or in any other manner; xxxv. “Rules” means rule made under this Act; xxxvi. “Scheduled Road” means a road specified in the Schedule to this Act which is wholly situated within the State of Tripura and where any road so specified is not so wholly situated, the portion of such road which is situated in the State of Tripura and includes a “by-pass” and shall also include any road which the State Government may, by notification add to the Scheduled to this Act; xxxvii. “Scheme” means any town and development scheme framed under this Act; xxxviii. “Section” means the Section of this Act; xxxix. “State Government” means the Government of Tripura represented by the Urban Development Department for the purpose of this act xl. “Townships” means any area of one acre or more within or outside Urban local Body notified under this act by state government, in consultation with the concerned local body if it falls within the notified area of the local body, having planned development with all the urban amenities for either industrial, commercial, institutional or residential purpose or for mixed purpose. xli. “Transferee” means a person, including a firm or other body of individual whether incorporated or not, to whom a site or building is sold, list or transferred under this Act and includes his successors and assignees; and xlii. “Tribunal of Appeal” means the tribunal of Appeal appointed as such under Section 105. 9 xliii. Urban means an area within the limits of the Urban Local Bodies or such an area outside the limits of Urban local Bodies notified to be Townships from time to time by the State Government xliv. Urban Local bodies (ULB) mean Municipal Corporation, Municipal Council or a Nagar Panchayat under Tripura Municipal Act 1994 or any other area or township notified under this act or any other relevant act. 10 CHAPTER II ESTABLISHMENT OF TRIPURA URBAN PLANNING AND DEVELOPMENT BOARD 3. As soon as may be, after the commencement of this Act, the State Government shall by notification in the Official Gazette, establish for the purposes of carrying out of the functions assign to it under this Act, a Board to be called the Tripura Urban Planning and Development Board. 4. i. Tripura Urban Planning and Development Board established under Section 3 shall consist of a Chairman, Vice-chairman, a Member Secretary and the following other members, namely- a. Not more than six(6) ex-officio members to be appointed by the State Government from among the Secretaries and other Officers of the State Government specifically from Urban Development, Revenue, Power, Drinking Water Supply, PWD and other relevant departments. b. Not more than three (3) non-official members to be nominated by the State Government from amongst the persons having special knowledge or experience in matters relating to Regional Planning, Town Planning, Development and related areas or elected representatives including Mayor/Chairperson of the urban local bodies. ii. The Chief Minister, Tripura shall be the ex-officio Chairman of the Board. iii. The Chief Secretary, Tripura shall be the ex-officio Vice Chairman of the Board. Provided that if Minister-in-charge of Urban Development Department is different from the Chief Minister, he will be Vice Chairman and the Chief Secretary will be member of the Board. iv. Commissioner of the Tripura Urban Planning and Development Authority shall be the ex-officio Member Secretary of the Board. Provided that Mayor/Chairperson of the urban local bodies concerned shall be invited in meeting when their matter is under consideration. 5. i. A person shall be disqualified for being nominated as and for being a member of the Board, if he- 11 a. Has been convicted by a criminal court at any time for an offence involving moral turpitude, heinous crimes unless such conviction has been set aside; b. Is an undischarged insolvent; c. Is of unsound mind and declared so by the competent Court of law. ii. If any question, dispute or doubt arises as to whether or not any person is eligible for membership of the Board or has incurred any of the disqualifications specified under sub-section (i) whether before or after becoming a member, it shall be determined by the State Government whose decision shall be final and binding. 6. If a member of the Board nominated under clause (b) of sub-section (i) of Section 4- a. Becomes subject to any disqualification referred to in section 5; or b. Absent himself, without permission of the Chairman from three consecutive meetings of the Board, the State Government shall declare his office to be vacant. 7. If the State Government is of opinion that any member nominated under clause (b) of sub-section (i) of Section 4 is guilty of misconduct in the discharge of his duties, or is incompetent or has become incapable of performing his duties as such member, or that he should for 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. 8. Any member nominated under clause (b) of sub-section (i) of Section 4 may resign from the membership of the Board by giving notice in writing to the State Government and on such resignation being accepted by the State Government, he shall cease to be a member of Board. 9. In the event of a vacancy in the office of any member nominated under clause (a) or (b) of sub-section (i) of section 4, the vacancy shall be filed by the State Government in the manner laid down in the aforesaid clause (a) or clause (b), as the case may be. 10. The Board shall have its Headquarter at such as may be notified by the State Government from time to time. 11. i. The Board shall meet at such times and places as the Chairman may determine and shall, subject to the provisions of sub-section (2) and (3), observe such procedure in regard to the transaction of business at its meetings as may be laid down by it in the regulations. 12 ii. All questions at a meeting of the Board shall be decided, by a majority of the votes of the members present and voting and in case if equality of votes, the person presiding shall have a casting vote. iii. One third members shall form quorum at a meeting of the Board: a. Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting for transacting the same business; b. Provided further that a notice of the adjourned meeting shall be sent to all the members of the Board. iv. Minutes of the names of the members present and the proceedings at each meeting shall be kept in a book to be maintained for this purpose which, shall be signed at the next ensuring meeting by the person presiding at such meeting. v. A copy of the proceedings of every meeting of the Board shall be sent by the Member-Secretary of the Board to the State Government within fifteen days after the meeting is held. vi. No acts done or proceedings taken under the Act by the Board shall be invalid merely on the ground of existence of any vacancy amongst its members, or by reason of defect or irregularity in its constitution or any irregularity in procedure not affecting the merits of the case. 12. The Member-Secretary of the Board shall arrange for transaction of business of the Board, authenticate orders and decisions of the Board and discharge such other functions of the Board as may be assigned to him by the Board under its regulations. 13. The State Government on the request of the Board may make available to the Board such staff as may be necessary for the performance of functions conferred on the Board under this Act. 14. Subject to the provisions of the Act and rules framed there under, the functions of the Board shall be to advise the State Government on the matters relating to the Planning, Development and use of Urban and notified lands in the State and to perform such other functions as the State Government from time to time assign to it. 15. i. The Board may associate with itself in such manner and for such purpose as may be prescribed any person whose assistance or advice it may require in performing any of its functions under this Act; 13 ii. Any person associated with it by the Board under sub-section (i) for any purpose shall have a right to take part in the discussion of the Board relevant to that purpose but shall not have a right to vote at a meeting. 16. Subject to any rules in this behalf, the Board may from time to time appoint one or more Committees for the purpose of securing efficient discharge of its functions. 14 CHAPTER III ESTABLISHMENT OF THE TRIPURA URBAN PLANNING AND DEVELOPMENT AUTHORITY, SPECIAL URBAN PLANNING AND DEVELOPMENT AUTHORITIES 17. i. With effect from such date as the State Government may, by notification, specify in this behalf, the State Government shall establish for the purposes of this Act, an Authority to be known as the Tripura Urban Planning and Development Authority (referred hereinafter as “Authority”) with Headquarters at such places as the State Government may specify. ii. The Authority established under sub-section (i) shall be a body corporate as well as by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both moveable and immovable, and to contract, and shall, by the said name, sue and be sued. iii. The Authority established under sub-section (i) shall consist of the following members to be appointed by the State Government, namely: a. A Chairman; b. A Vice-chairman; c. A Commissioner who shall be appointed from amongst the officers of the Government of Tripura having such qualifications and experience as may be prescribed and shall act as Member Secretary and Chief Executive of the Authority; d. Not more than four(4) official members including the officials from relevant departments specifically from Urban Development, Town & Country Planning and Revenue sector to be prescribed by the notifications in Official Gazette; e. Not more than 2 (two) members from officers of not less than Secretary of State rank retired from government having relevant experience or from academic institutions having relevant expertise. 15 iv. The Minister-in-Charge of Urban Development and the Secretary to the Government of Tripura, holding the charge of Urban Development shall, respectively, be the Chairman and the Vice-Chairman of the Authority. 18. i. The term of office and conditions of service of the members of the Authority shall be such as may be prescribed. ii. The Commissioner shall be entitled to receive from the fund of the Authority such salary and such allowances, if any, as may be prescribed. iii. Any member, other than the Commissioner, may be paid from the fund of the Authority such allowances, if any, as may be prescribed. 19. The State Government may remove from office any member of the Authority- i. Who, without excuse, sufficient in the opinion of the State Government, is absent for more than three consecutive meetings of the Authority; ii. Who has, in the opinion of the State Government, so abused his position as a member as to render his continuance on the Authority detrimental to the interests of the Authority. 20. Upon occurrence any vacancy in the office of Chairman, Vice-chairman, Commissioner or any other member of the Authority, a new Chairman, Vice-chairman, Commissioner or member, as the case may be, shall be appointed. 21. i. The Authority shall meet at such times and places and shall, observe such procedure in regard to the transaction of its business at such meetings as the Authority may provide by regulations. ii. At every meeting of the Authority, the Chairman, if present, or, in his absence, the Vice-chairman, and if the Vice-chairman is also not present, then any one of its members, whom the members present may elect, shall preside. iii. All questions at a meeting of the Authority shall be decided by a majority of votes of the members present and voting and in the case of equality of votes; the member presiding shall have a casting vote. iv. Minutes shall be kept of the names of the members present and the proceedings at each meeting shall be kept in a book to be maintained for this purpose which, 16 shall be signed at the next meeting by the person presiding at such meeting and shall be open to inspection by any member during office hours. v. For the transactional of business at a meeting of the Authority, the quorum shall be one-third of the number of members actually serving for the time being but shall not, in any case, be less than four: -Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting for transacting the same business. -Provided further that a notice of the adjourned meeting shall be sent to all members of the Authority. 22. The commissioner shall be the Chief Executive of the Authority and shall arrange for the transaction of business of the Authority, authenticate orders and decisions of the Authority as may be assigned to him by the Authority under its regulations. 23. Subject to any regulations made in this behalf by the Authority, the Authority may, from time to time, appoint Executive Committee headed by the Commissioner of the Authority and having such other members as notified by the Authority for the purpose of securing the efficient discharge of the functions of the Authority and in particular for the purpose of ensuring the efficient planning, maintenance of public amenities and execution of development works and projects. 24. i. The Authority or Executive Committee appointed under Section 23 may associate with itself any person whose assistance or advice it may require in the performance of its functions under this Act. ii. Any person associated with it by the Authority under sub-section (i) for any purpose shall have a right to that purpose and shall have a right to take part in the discussions of the Authority relevant to that purpose but shall not have a right to vote at the meeting. 25. No act done or proceedings taken under this Act shall be questioned merely on the ground of- a. The existence of any vacancy in or any defect in the Constitution of the Authority; 17 b. Any person associated under Section 24 having voted in contravention of the provisions of this Act in this behalf; c. The failure to serve a notice on any person where no substantial injustice has resulted from such failure; d. Any omission, defect or irregularity not affecting the merits of the case. 26. i. The Authority shall establish its office which will be headed by the Commissioner of the Authority and shall have powers to hire, outsource, depute officers, experts, engineers, consultants, consulting firms, employees, staff as and when required either for temporary period or for specific duration to carry out day to day function, technical, legal, survey work and other activities as may be necessary and may determine their designations and grades by way of notifications. ii. The officers and other employees of the Authority shall be entitled to receive, from the fund of the Authority, such salaries and allowances and shall be governed by such conditions of service as may be determined by regulations made in this behalf by the Authority. iii. The exercise of any powers or discharge of any duties or functions under sub- section (i) by any officer or other employees of the Authority shall be subject to such restrictions, conditions and limitations, if any, as may be laid down by regulations of the Authority and shall also be subject to its control and supervision. 27. No person who has, directly or indirectly, by himself or through his partner or agent, any share or interest in any contact by or on behalf of the Authority, or in any employment under, by or on behalf of the authority, otherwise than as an officer or employee thereof, shall become or remain an officer or employee of the Authority. 28. i. The object of the Authority shall be to promote and secure better planning and development of any area of the State as well as set up amenities and for that purpose the Authority shall have the powers to acquire by way of allotment, purchase, transfer, exchange or gift or to hold, manage, plan, develop and mortgage or otherwise dispose of land or other property or to carry out itself or in collaboration with any other agency or through any other agency on its behalf, building, engineering, mining and other operations to execute works in 18 connection with supply of water, disposal of sewerage, control of pollution, construction of road & buildings, development of water bodies or open spaces and other services and amenities and generally to do anything for carrying out the purposes of this Act. ii. In particular and without prejudice to the generality of the foregoing provisions, the authority itself or in collaboration with any other agency or through any other agency on its behalf- a. Take up the works in connection with the preparation and implementation of Regional Plans, Master Plans and New Township Plans, Town improvement schemes; b. Undertake the work relating to the amenities and services to be provided in the Urban & Planning Area, Urban estates, for Urban Development as well as construction of houses & other infrastructure; c. Promote research, development of new techniques of planning, land development and house construction and manufacture of building material; d. Promote companies, association and other bodies for carrying out the purposes of the Act; and e. Perform any other function which are supplemental, incidental or consequential to any of the functions referred to in this sub-section or which may be prescribed; f. Accord approval of layout plan or any other development plan, any other statutory clearances as may be prescribed by the state government, in the local planning areas taken up for development by the Authority. g. The implementation of master plan and development in the local planning area will be responsibility of the Authority and rest of municipal areas with ULB concerned. 29. i. Where the State Government is of opinion that the object of proper development of any area or group of areas together with such adjacent areas as may be considered necessary will be best served by entrusting the work of development or redevelopment thereof to a Special Authority, instead to the Tripura Urban Planning and Development Authority, the State Government may, by notification, 19 constitute an Authority for such area to be called the Special Urban Planning and Development Authority for that area and thereupon, all the powers and functions of the Tripura Urban Planning and Development Authority relating to development and redevelopment of that area under this Act, shall be exercised and performed by the Special Urban Planning and Development Authority so constituted. ii. Every notification issued under sub-section (i) shall define the limits of the area to which it relates. iii. The Special Urban Planning and Development Authority constituted under sub- section (i) shall consist of a Chairman, such a number of official non official members notified by the State Government to that effect and a Commissioner who shall be appointed from amongst the officers of the Government of Tripura having such qualifications and experience as may be prescribed iv. Every Special Urban planning and Development Authority constituted under sub- section (i) shall be a body corporate, by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property both movable and immovable, and, to contact and by the said name sue and be sued. v. The provisions of this Act shall mutatis mutandis apply to Special Urban Planning and Development Authority constituted under sub-section (i) as they apply in relation to the Tripura Urban Planning and Development Authority, shall be constructed as references to the Special Urban Planning and Development Authority. 30. i. Where the State Government is satisfied that it is expedient in the Public interest so to do, it may, by notification, designate any local authority functioning in a planning area to be the Special Urban Planning and Development Authority for that area or any part thereof and thereupon all the powers and functions of the Tripura Urban Planning and Development Authority relating to that area or part thereof, as the case may be, shall be exercised by such local authority. ii. On the issue of a notification under sub-section (i), the powers to be exercised and functions to be performed by the Chairman of the Authority under this Act shall be exercised and performed in the case of a Municipal Corporation by its 20 Mayor and in the case of Municipal Council / Nagar Panchayat by its Chairperson and those of the Chief Administrator of the Authority by the Executive Head, by whatever name he is called, of the Municipal Corporation or the Municipal council, or the Nagar Panchayat, as the case may be. 31. i. Where the State Government is of opinion that the object of proper planning and development of a site of a new town will be best served by entrusting the work of development thereof to a Special Authority, instead to the Tripura Urban Planning and Development Authority, it may, by notification, constitute a Special Authority for that site to be called the New Town Planning and Development Authority for that area and thereupon, all the powers and functions of the Tripura Urban Planning and Development Authority relating to development of that site of the new town under this Act, shall be exercised and performed by such New Town Planning and Development Authority. ii. A New Town Planning and Development Authority constituted under sub-section (i), shall be a body corporate as well as local authority by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both moveable and immovable and to contract, and by the said name sue and be sued. iii. A New Town Planning and Development Authority shall consist of a Chairman, such number of official & non official members notified by the State Government to that effect and a Commissioner who shall be appointed from amongst the officers of the Government of Tripura having such qualifications and experience as may be prescribed. iv. The provisions of this Act shall mutatis mutandis apply to a New Town Planning and Development Authority as they apply in relation to the Tripura Urban Planning and Development Authority, with the modification that references to the Tripura Urban Planning and Development Authority shall be constructed as references to a New Town Planning and Development Authority. 32. i. Where the State Government after consultation with the Board, is of the opinion that it is expedient in the public interest or in the interest of the Development of 21 the area under the jurisdiction of two or more Special Urban Planning and Development Authorities, that two or more Special Urban Planning and Development Authorities, should be amalgamated, the State Government may, by notification in the Official Gazette, provide for the amalgamation such Special Urban Planning and Development Authorities (hereinafter in this chapter referred to as the transferor Special Urban Planning and Development Authorities) into a single Special Urban Planning and Development Authority (herewith in this Chapter referred to as the transferee Special Urban Planning and Development Authority) with such constitution, property, powers, rights, interests, Authorities and privileges and with such liabilities, duties and obligation as may be specified in the notification. ii. Every notification issued under sub-section (i) shall define the limits of the area to which it relates and specify the date with effect from which the amalgamation shall become effective. iii. Every notification issued under sub-section (i) may also provide for one or any of the following matters namely- a. The continuance in service of all the employees of the transferor of the Special Urban Planning and Development Authorities in the transferee Special Urban Planning and Development Authority at the same remuneration and on the same terms and condition of the service which they were getting or as the case may be, by which they were being govern, immediately before the date on which the amalgamation takes effect. b. The other terms and conditions for the amalgamation of the Special Urban Planning and Development Authorities. c. The continuance by or against the transferee Special Urban Planning and Development Authority of any pending legal proceedings by or against any transferor Special Urban Planning and Development Authority, and d. Such consequential, incidental and supplementary provisions, as maybe necessary, in the opinion of the State Government, to give effect to the amalgamation. iv. Notwithstanding anything contained in clause (a) of sub-section (iii), where any employee of the transferor Special Urban Planning and Development Authority by notice in writing given to the transferee Special Urban Planning and 22 Development Authority at any time before the expiry of three months next following the date of which the amalgamation takes effect has intimated his intention of not becoming an employee of the transferee Special Urban Planning and Development Authority, he shall cease to be employee of the Authority of the expiry of the notice served and shall be entitled to get such gratuity, provident fund and other retirement benefits as are ordinarily admissible to him under the rules or Authorization of transferor Special Urban Planning and Development Authority immediately before the date of amalgamation; v. On and from the date on which the amalgamation takes effect under sub-section (ii) the transfer or Special Urban Planning and Development Authorities shall cease to carry on business or to discharge any liability or obligation except to the extent as may be necessary for the implantation of the provisions of the same amalgamation shall stand dissolved from the date of amalgamation. vi. Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act XIV of 1947) or any other law for the time being in force, the transferof the service of any employee of the transferor Special Urban Planning and Development Authorities to the transferee Special Urban Planning and Development Authority shall not entitle any such employee to any compensation under that Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or any other authority. 33. i. Where the State Government after consultation with the Board, is of the opinion that it is necessary or expedient in the public interest or in the interest of the development of the area under the jurisdiction of any Special Urban Planning and Development Authority, that any area under the jurisdiction of the said Authority should be excluded from its jurisdiction, the State Government may, by notification in the official Gazette, provide for the exclusion of such area and to constitute new Special Urban Planning and Development Authority for that area so excluded. ii. On the constitution of a new Special Urban Planning and Development Authority under sub-section (i), the assets and liabilities of the Special Urban Planning and Development Authority from whose jurisdiction the area is so excluded hereinafter referred to the existing Special Urban Planning and Development 23 Authority shall be appointed between the successor Special Urban Planning and Development Authorities in the manner specified hereinafter- 1) All lands and stores, articles and other goods belonging to the existing Special Urban Planning and Development Authority shall- a. If within the area of jurisdiction of the Special Urban Planning and Development Authority, pass on to the successor Special Urban Planning and Development Authority in whose area they are situated; b. If outside the area of the Special Urban Planning and Development Authority, be appointed between the successor Special Urban Planning and Development Authorities according to ratio of the area falling under their respective jurisdiction. 2) The bank balances and grants received from time to time shall be appointed between the successor Special Urban Planning and Development Authorities according to ratio of the area falling under their respective jurisdiction. Provided that a grant given for the development of an area which falls within the exclusive jurisdiction of any of the successor Special Urban Planning and Development Authorities, shall be transferred to that successor Special Urban Planning and Development Authority 3) Where before the date of exclusive of any area the existing Special Urban Planning and Development Authority has made any contract for the purpose of that Authorities, that contract shall be deemed to have been made- a. If the purposes of the contract are on and from the date of exclusion of the area exclusively purposes of any one of the successor Special Urban Planning and Development Authority, by that successor Authority, and b. If the purposes of the contract are on and from that date not exclusively purposes of any one of the Special Urban Planning and Development Authorities, by all the Special Urban Planning and Development Authorities and, the rights and liabilities which has accrued or may accrue under any such contract shall, to the extent to which they would have been the rights and liabilities of 24 the existing Special Urban Planning and Development Authority, be the rights and the liabilities of the successor Special Urban Planning and Development Authority, or, as the case may be, the successor Special Urban Planning and Development Authorities, according to the ratio of the area falling under their respective jurisdiction. iii. Where the existing Special Urban Planning and Development Authority is a party to any legal proceedings with respect to any property, rights or liabilities, subject to appointment under this section, the successor Special Urban Planning and Development Authority which succeeds to or acquires a share in that property or to those proceedings and the proceedings may continue accordingly. iv. a. Every whole time employee of the existing Special Urban Planning and Development Authority shall on and from the date of notification under sub-section (i) shall provisionally continue to be an employee of that Authority unless he is required by, general or special order of the State Government, to serve as an employee of any other successorSpecial Urban Planning and Development Authority. b. As soon as may be after the date of notification under sub-section (i), the State Government shall by general or Special order, determine the successor Special Urban Planning and Development Authority to which every employee referred to in clause (a) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. c. Every employee who is finally allotted under the provisions of clauses (b), to a successor Special Urban Planning and Development Authority shall, if he is not already serving with the Authority, be made available for serving with the successor Special Urban Planning and Development Authority from such date as may be agreed upon between the successor Special Urban Planning and Development Authorities or in default of such agreement as may be determined by the State Government. d. The State Government may, by or
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