The Goa, Daman and Diu Town and Country Planning Act, 1974

{
    "id": 16374,
    "slug": "goa-daman-and-diu-town-and-country-planning-act-1974",
    "title": "The Goa, Daman and Diu Town and Country Planning Act, 1974",
    "short_title": "The Goa, Daman and Diu Town and Country Planning Act, 1974",
    "act_number": "(Act No. 21 of 1975)",
    "act_year": 1974,
    "act_type": "STATE",
    "location": "Goa",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Goa, Daman and Diu Town and Country Planning Act, 1974",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "[(1) \"accommodation reservation\" means to accord a permission by the Government to owner of land, that is required for public amenity specified in Development Plan or Regional Plan, by the Planning and Development Authority, municipal corporation, municipal council or village panchayat, as the case may be, to use the potential of such land in the form of built-up space guided by permissible Floor Area Ratio, in addition to the built-up space required for such amenity, in lieu of payment of compensation for such land and such amenity, transferred in favour of such authority;]\n[(1A)] 'agriculture' includes (i) horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder and trees; (ii) any kind of cultivation of soil; (iii) breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, fish, poultry and bees; (iv) the 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 the expression 'agricultural' shall be construed accordingly;\n(2) 'amenities' include the utilities such as roads and streets, open spaces, parks, recreational grounds, playgrounds, water and electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences;\n(3) 'area of bad lay-out or obsolete development' means the area which is defined by a Development Plan as an area of bad lay-out or obsolete development and includes other lands contiguous or adjacent thereto;\n(4) 'Board' means the Goa, Daman and Diu Town and Country Planning Board constituted under section 4;\n(5) 'building operations' includes-\n(a) erection or re-erection of a building or any part of it;\n(b) roofing or re-roofing of a building or any part of a building or an open space;\n(c) any material alteration or enlargement of a building;\n(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; and\n(e) the construction of a door opening on any street or land not belonging to the owner of a building;\n(6) 'Chief Town Planner' means the Chief Town Planner appointed under section 3;\n(7) 'commerce' means the carrying on of any trade, business or profession, sale or exchange of goods of any type whatsoever, and includes the running of:-\n(i) with a view to making profit, hospitals or nursing homes exceeding twenty-five beds; and\n(ii) hotels, restaurants and boarding houses not attached to educational institutions; and the expression 'commercial' shall be construed accordingly;\n(8) '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;\n(9) 'court' means a court under the Code of Civil Procedure, 1908 (Central Act V of 1908);\n(10) 'development' with its grammatical variations and cognate expressions, means the carrying out of building, engineering, mining, quarrying or other operations in, on, over or under, land, [* * *] or the making of any material change in any building or land, or in the use of any building or land, and includes sub-division of any land;\n(11) 'Development Plan' means an Outline Development Plan or a Comprehensive Development Plan prepared under this Act;\n(12) 'engineering operations' includes the formation or the laying out of 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;\n(13) 'Government' means the Government of Goa, Daman and Diu, and includes the Administrator of the Union territory appointed by the President under article 239 of the Constitution;\n(14) 'industrial use' includes the use of any land or building or part thereof for purposes of any industry;\n(15) 'industry' includes the carrying on of any manufacturing process as defined in the Factories Act, 1948, and the expression 'industrial' shall be construed accordingly; Central Act 63 of 1948.\n(16) 'land' includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;\n(17) 'land use' means the major use to which a plot of land is being used on any specified date;\n(18) 'local authority' means a municipal council or a village panchayat;\n(19) 'local newspaper' in relation to any planning area, means any newspaper published or circulated within that area;\n(20) 'notification' means a notification published in the Official Gazette;\n(21) 'occupier' includes-\n(a) a tenant;\n(b) an owner in occupation of, or otherwise using his land or building or part thereof;\n(c) a rent-free occupant of any land or building or part thereof;\n(d) a licensee in occupation of any land or building or part thereof; and\n(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;\n(22) 'owner' in relation to any property, includes the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager, or receiver for another person, or for any religious or charitable purpose, the rents or profits of such property;\n(23) 'Planning and Development Authority' means any Planning and Development Authority constituted under this Act;\n(24) 'planning area' means any area declared to be a planning area under this Act;\n(25) 'plot' means a continuous portion of land held in one ownership;\n(26) 'prescribed' means prescribed by rules made under this Act;\n(27) 'public place' means any place or building which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not, and whether the entry is regulated by any fees or not;\n(28) 'reconstituted plot' means a plot which is altered either in ownership or in any other manner by a town planning scheme;\n(29) 're-location of population' means in relation to an area of bad lay-out or obsolete development or a slum area, the making available, in that area or elsewhere, of accommodation, for residential purposes or for carrying on business or other activities, together with amenities, to persons living or carrying on business or other activities in the said area who have to be so accommodated so that the said area may be properly planned;\n(30) 'residence' includes the use for human habitation of any land or building or part thereof including gardens, grounds, garages, stables and out-houses if any, appertaining to such building; and the expression 'residential' shall be construed accordingly;\n[(30A) \"transferable development right\" means a right to transfer the potential of a land required for public purpose by the Planning and Development Authority, municipal corporation, municipal council or a village panchayat, as the case may be, expressed in terms of total permissible built-up area, for utilization by the owner himself or transfer by him to someone else, from the present location to a specified area, as additional built-up space over and above the permissible limit in that area in lieu of the payment of compensation for such land;\n(30B) \"transferable development right for posterity\" means the right to sell, transfer or surrender the development right or potential of land zoned as agricultural land or land in other areas such as heritage site, water body, riverine land, farm land, khazan land, private forest, land under Coastal Regulation Zone and the like to alternate sites as identified in the Development Plan or Regional Plan;]\n(31) 'Union territory' means the Union territory of Goa, Daman and Diu;\n(32) words and expressions used in this Act and not defined herein but defined in the Goa, Daman and Diu Municipalities Act, 1968, shall have the same meanings as are respectively assigned to them in that Act. 7 of 1969.\nChapter II\nAppointment of Chief Town Planner and constitution of Goa, Daman and Diu Town and Country Planning Board\n[3. Appointment of Chief Town Planner.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "4",
            "title": "4. Constitution of Goa, Daman and Diu Town and Country Planning Board.",
            "chapter": null,
            "content": "(a) The Minister-in-charge of town and country planning, who shall be the Chairman thereof;\n(b) Secretaries to Government in the department dealing with the following subjects, namely:-\n(i) town and country planning;\n(ii) local self Government;\n(iii) planning; and\n(iv) industry;\n(c) Head of the Public Works Department;\n(d) Head of the Forests Department;\n(e) Director of Agriculture;\n(f) Director of Tourism;\n(g: Director of Transport;\n(h) Director of Health Services;\n[(h1) Director of Bureau of Economics, Statistics and Evaluation;\n(h2) Director of Fisheries]\n(i) four members nominated by the Central Government to represent respectively the Ministries of that Government dealing with:\n(i) railways;\n(ii) defence;\n(iii) transport; and\n(iv) tourism;\n(j) two persons having special knowledge of, and practical experience in, matters relating to town and country planning, architecture, engineering, transport, industries, commerce, agriculture or geology to be nominated by the Government;\n(k) one person deputed by Chamber of Commerce and Industries, Goa;\n(l) two members of the Legislative Assembly to be elected by the members thereof;\n[(m) the Chief Town Planner (Planning), Member Secretary.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "5",
            "title": "5. Term of office, allowances, etc., of members of the Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "6",
            "title": "6. Resignation by a member.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "7",
            "title": "7. Meetings of Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "8",
            "title": "8. Functions and powers of Board.",
            "chapter": null,
            "content": "(a) direct the preparation of development plans by the Planning and Development Authorities;\n(b) undertake, assist and encourage the collection, maintenance and publication of statistics, bulletins and monographs on planning and its methodology;\n(c) co-ordinate and advise on the planning and implementation of physical development programmes within the Union territory;\n(d) prepare and furnish reports relating to the working of this Act; and\n(e) perform such other functions as are incidental, supplemental or consequential to any of the functions aforesaid or which may be prescribed.\nChapter III\nRegional Plans",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "9",
            "title": "9. Power to direct preparation of regional plans.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "10",
            "title": "10. Preparation of regional plans.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "11",
            "title": "11. Contents of regional plan.",
            "chapter": null,
            "content": "(a) the broad demarcation of areas for agriculture, forestry, industry, mineral development, urban and rural settlements and other activities;\n[(aa) proposal for transferable development rights, transferable development right for posterity, accommodation reservation or any other similar technique for promoting planned development;]\n(b) the reservation of land for recreation, botanical and zoological gardens, natural reserves, animal sanctuaries, dairies and health resorts and for the preservation, conservation and development of areas of natural scenery, forests, wild life, natural resources and landscaping;\n(c) preservation of objects, features, structures or places of historical, natural, archaeological or scientific interest and educational value;\n(d) the prevention of erosion of soil, provision for afforestation, or re-afforestation, improvement and re-development of water front areas, rivers and lakes;\n(e) transport and communications network such as roads, highways, railways, water ways, canals and airports including their future development;\n(f) rural and urban centres, both existing and new, indicating the extent of their anticipated growth;\n(g) for irrigation, water supply and hydro-electric works, flood control and prevention of water pollution;\n(h) providing for the re-location of population or industry from over-populated and industrially congested areas, and indicating the density of population or the concentration of industry to be allowed in any areas.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "12",
            "title": "12. Board to consider the regional plan.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "13",
            "title": "13. Public notice of the regional plan.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "14",
            "title": "14. Approval by Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "15",
            "title": "15. Publication of regional plan.",
            "chapter": null,
            "content": "16. [Effect of regional plan.\n[16A. Development to conform to regional plan.\n[16B. Change of zone in Regional Plan.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "17",
            "title": "17. Revision of regional plan.",
            "chapter": null,
            "content": "[17A. Prohibition on cutting of hilly land and filling up of low lying land, etc.\nExplanation:-\n(i) \"low lying land\" means and includes any land below 50 cms. or more than from the adjoining ground level;\n(ii) \"hilly land or sloppy land\" means and includes any land having a gradient of 1:10 or more.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "17A",
            "title": "17B. Penalty for contravention of section 17A.",
            "chapter": null,
            "content": "[17C. Withdrawal of revised Regional Plan.\nChapter IV\nDeclaration of Planning areas and constitution of Planning and Development Authorities",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "18",
            "title": "18. Declaration of planning areas, their amalgamation, sub-division, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "19",
            "title": "19. Power to withdraw planning area from operation of the Act.",
            "chapter": null,
            "content": "(i) this Act and all rules, regulations, bye-laws, notifications, orders, directions and powers made, issued or conferred under this Act, shall cease to apply to the said area or part and the Planning and Development Authority, if any constituted, under this Act shall cease to have jurisdiction in respect of the said area or part, as the case may be; but where any Planning and Development Authority has been constituted exclusively for such area or part, such Authority shall, on the date of the notification stand dissolved;\n(ii) the Government shall, after consulting the Board, the Planning and Development Authority and the local authority or authorities concerned, frame a scheme determining the portion or portions of the balance of the fund of the Planning and Development Authority concerned which shall vest in the Government and in the local authority or authorities concerned, and the manner in which the properties and liabilities of the Planning and Development Authority shall be apportioned between the Government and such local authority or authorities, and on the scheme being notified in the Official Gazette, the fund, property and liabilities of the Planning and Development Authority shall vest and be apportioned accordingly.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "20",
            "title": "20. Constitution of Planning and Development Authority.",
            "chapter": null,
            "content": "(i) a Chairman to be appointed by the Government;\n(ii) a Town Planning Officer to be appointed by the Government in consultation with the Chief Town Planner who shall be the Member Secretary of the Planning and Development Authority;\n[(iia) All the Members of Legislative Assembly representing a planning area;]\n(iii) representatives of local authorities, to be composed as follows:-\n(a) in the case of a planning area in which only one local authority has jurisdiction, a representative nominated by that local authority from among its members and the Chief Executive Officer of that local authority;\n(b) in the case of a planning area in which two or more local authorities have jurisdiction, representatives of such local authorities as the Government may consider necessary to be represented, [* * *] ;\n(iv) such number of other members, not exceeding [five] , appointed by the Government, who, in the opinion of the Government, have special knowledge of, or practical experience in, matters relating to town and country planning, architecture, engineering, transport, industry, commerce and agriculture.\n(i) a Chairman;\n(ii) the Town Planning Officer, who shall be the Member Secretary to the Committee; and\n(iii) five other members, two of whom shall be appointed by the Government in consultation with the Board.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "21",
            "title": "21. Term of office and conditions of service of the Chairman and members of Planning and Development Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "22",
            "title": "22. Functions and powers of Planning and Development Authorities.",
            "chapter": null,
            "content": "(a) to prepare an Existing Land Use Map;\n(b) to prepare an Outline Development Plan;\n(c) to prepare a Comprehensive Development Plan;\n(d) to prepare and prescribe uses of land within its area; and\n(e) to prepare schemes of development and undertake their implementation, and for these purposes, it may carry out or cause to be carried out, surveys of the planning area and prepare report or reports of such surveys, and to perform such other functions as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "23",
            "title": "23. Meetings of Planning and Development Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "24",
            "title": "24. Temporary association of persons with the Planning and Development Authority for particular purposes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "25",
            "title": "25. Staff of Planning and Development Authority.",
            "chapter": null,
            "content": "Chapter V\nPresent Land Use",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "26",
            "title": "26. Preparation of map and register showing present land use.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "27",
            "title": "27. Notice of preparation of map and register.",
            "chapter": null,
            "content": "28. [Power of Government to prepare the map and register] .\n(a) if within the period specified in section 26 or within such further period as the Government may specify, no map or register has been prepared, or\n(b) if at any time the Government is satisfied that the Planning and Development Authority is not taking steps necessary to prepare such a map or register within that period [or if the Government is of the opinion that such a map or register is needed to be prepared by the Chief Town Planner] , the Government may direct the Chief Town Planner to prepare a map and register.\nChapter VI\nPreparation of Development Plans",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "29",
            "title": "29. Preparation of Outline Development Plan.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "30",
            "title": "30. Contents of Outline Development Plan.",
            "chapter": null,
            "content": "(a) indicate broadly the manner in which the land in the planning area is proposed to be used;\n(b) allocate areas or zones of land for use -\n(i) for residential, commercial, industrial and agricultural purposes;\n(ii) for public and semi-public open spaces, parks and playgrounds; and\n(iii) for such other purposes as the Planning and Development Authority may think fit;\n(c) indicate, define and provide-\n(i) for existing and proposed national high-ways, arterial roads, ring roads and major streets; and\n(ii) for existing and proposed lines of communications, including railways, tram-ways, airports and canals;\n(d) regulate within such zone, the location, height, number of storeys and size of buildings and other structures, the size of yards, courts and other open spaces, and the use of buildings, structures and land.\n[(e) indicate and provide for proposal for transferable development right, transferable development right for posterity, accommodation reservation or any other similar technique for promoting planned development.]\n(a) the existing and proposed public and semi-public buildings; and\n(b) all or any of the purposes and matters as may be indicated, defined and provided for in the Comprehensive Development Plan under section 32.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "31",
            "title": "31. Preparation of Comprehensive Development Plan.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "32",
            "title": "32. Contents of Comprehensive Development Plan.",
            "chapter": null,
            "content": "(a) indicate, define and provide for all the matters that have to be, or may be, indicated, defined and provided for in the Outline Development Plan with such modifications as the Planning and Development Authority deems fit;\n(b) indicate, define and provide for-\n(i) areas to be reserved for agriculture, public and semi-public open spaces, parks, playgrounds, gardens, and other recreational uses, green belts and natural reserves;\n(ii) comprehensive land allocation of areas or zones for residential, commercial, industrial, agricultural and other purposes;\n(iii) complete road and street pattern and traffic circulation pattern for present and future requirements;\n(iv) major road and street improvements;\n(v) areas reserved for public buildings and institutions and for new civic development;\n(vi) areas for future development and expansion, and areas for new housing;\n(vii) amenities, services and utilities;\n(viii) such other matters as may be prescribed or as may be directed by the Government or the Board to be indicated, defined, and provided for;\n(c) include zoning regulations to regulate within each zone, the location, height, number of storeys and size of buildings and other structures, the size of yards, courts and other open spaces and the use of buildings, structures and land;\n(d) indicate the stages by which the proposals are intended to be carried out, together with the financial implications of each stage.\n(a) indicate, define and provide for-\n(i) all such matters including planning standards, gross and new density and such guiding principles as the Planning and Development Authority may consider expedient to be indicated, defined and provided for in the Development Plan;\n(ii) detailed development of specific areas for housing, shopping centres, industrial areas, civic centres, educational and cultural institutions;\n(iii) control of architectural features, elevation and frontage of buildings and structures;\n(iv) a five year development programme within the stages indicated in clause (d) of sub-section (1);\n(b) designate, any land as land subject to acquisition for any public purpose, and in particular, but without prejudice to the generality of this provision for the purposes of:-\n(i) the Union or the State Governments, or for any local authority or other authority established by law and public utility concerns;\n(ii) dealing satisfactorily with the areas of bad layout or obsolete development, slum areas and for re-location of population;\n(iii) providing for open spaces, parks and playgrounds;\n(iv) securing the use of the land in the manner specified in the development plan;\n(v) any of the matters as are referred to in clause (a).\n[(c) indicate and provide proposal for transferable development right, transferable development right for posterity, accommodation reservation or any other similar technique for promoting planned development.]\n33. [Power of Government to prepare Development Plan] .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "34",
            "title": "34. Consent of Government to the publication of notice of preparation of Development Plan.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "35",
            "title": "35. Public notice of the preparation of the Development Plan.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "36",
            "title": "36. Approval by Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "37",
            "title": "37. Coming into operation of Development Plan.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "38",
            "title": "38. Appeal.",
            "chapter": null,
            "content": "(i) that it is not within the powers conferred by this Act, or\n(ii) that any requirement of this Act or of any rules made thereunder had not been complied with in relation to the making of such Development Plan.\n(i) stay, until the final determination of the proceedings, the operation of the Development Plan or the provisions contained therein, in so far as it affects any property of the applicant; and\n(ii) quash, if it is satisfied that the Development Plan or any provisions contained therein are not within the powers conferred by this Act, or the rules made thereunder, or that the interests of the applicant have been substantially prejudiced by failure to comply with any requirement of this Act or of the rules, the Development Plan or any provisions contained therein generally or in so far as they affect the property of the applicant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "39",
            "title": "39. Alteration of Development Plan and making of minor changes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "40",
            "title": "40. Suspension of Development Plan in emergency by Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "41",
            "title": "41. Power to acquire land under the Land Acquisition Act, 1894.",
            "chapter": null,
            "content": "[41A. Acquisition of land by according transferable development right.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "41B",
            "title": "41B. Acquisition by way of accommodation reservation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "41C",
            "title": "41C. Preservation of natural reserves and resources for posterity.",
            "chapter": null,
            "content": "Chapter VII\nControl of Development and Use of Land",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "42",
            "title": "42. Land use to conform to Development Plan.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "43",
            "title": "43. Prohibition of Development without payment of development charges and without permission.",
            "chapter": null,
            "content": "(a) without obtaining a certificate from the Planning and Development Authority concerned that the development charge as leviable under this Act has been paid or that no such development charge is leviable; and\n(b) without obtaining a permission under section 44:\n(i) for carrying out such works for the maintenance, improvement or other alteration of any building which affects only its interior or which do not materially affect the external appearance of the building;\n(ii) subject to the provisions of sub-section (2) of section 44 for the carrying out by the Central Government or the Government or any local authority, of-\n(a) any work required for the maintenance or improvement of a highway, road or public street, being work carried out on land within the boundaries of such highway, road or public street;\n(b) any work for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;\n(iii) for the excavations (including wells) made in the ordinary course of agricultural operations;\n(iv) for the construction of unmetalled roads intended to give access to land solely for agricultural purposes;\n(v) for the normal use of land which may be used temporarily for other purposes;\n(vi) in the case of land normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions; or\n(vii) for the use, or for any purpose incidental to the use, of a building for human habitation, or any other building or land attached to such building.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "44",
            "title": "44. Grant of permission.",
            "chapter": null,
            "content": "(b) Where the Planning and Development Authority has raised any objection in respect of the conformity of the proposed development or change of use either to any Development Plan under preparation or to any of the regulations in force at the time, or due to any other material consideration, the Department or authority concerned, as the case may be, shall, either make the necessary modifications in the proposals for such development or change of use to meet the objections raised by the Planning and Development Authority or submit the proposal for such development or change of use together with the objections raised by the Planning and Development Authority to the decision of the Government.\n(c) The Government on receipt of such proposals together with the objections of the Planning and Development Authority shall, in consultation with the [Chief Town Planner (Land Use).] , either approve the proposals with or without modifications or direct the Department or authority concerned, as the case may be, to make such modifications in the proposals as they consider necessary in the circumstances.\n(a) pass an order -\n(i) granting permission unconditionally; or\n(ii) granting permission subject to such conditions as it may think fit to impose; or\n(iii) refusing permission; or\n(b) without prejudice to the generality of clause (a), impose conditions-\n(i) to the effect that the permission granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous condition or the use of the land so permitted shall be discontinued; or\n(ii) for regulating the development or use of any land under the control of the applicant or for the carrying out of works on any such land as may appear to the Planning and Development Authority expedient for the purpose of the permitted development.\n(i) the provisions of any Development Plan which has come into operation;\n(ii) the proposals or provisions which it thinks are likely to be made in any Development Plan under preparation, or to be prepared; [* * *]\n[(iii) to the relevant bye-laws or regulations of the local authority concerned; and]\n(iv) any other material consideration.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "45. Appeal against orders passed or omitted to be passed under section 44.",
            "chapter": null,
            "content": "(a) granting permission unconditionally; or\n(b) granting permission subject to such conditions as it may think fit; or\n(c) removing the conditions subject to which permission has been granted and imposing such other conditions, if any, as it may think fit; or\n(d) refusing permission:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "46",
            "title": "46. Validity of permission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "47",
            "title": "47. Obligation to acquire land on refusal of permission or on grant of permission in certain cases.",
            "chapter": null,
            "content": "(a) that the land has become incapable of reasonably beneficial use in the existing state, or\n(b) in a case where permission was granted subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by carrying out the development in accordance with such conditions, he may, within three months from the date of passing of such order and in the manner prescribed, serve on the Government, a notice requiring the Government to acquire his interest in such land (hereinafter in this section and in section 54, referred to as an acquisition notice).\n(a) (i) if it is satisfied that any of the conditions specified in clause (a) or clause (b) of sub-section (1) is not fulfilled; or\n(ii) if the order appealed against was passed on the ground that any of the provisions of this Act or the rules made thereunder had not been complied with, pass an order refusing to confirm the notice; or\n(b) if it is satisfied that any of the conditions specified in clause (a) or clause (b) of sub-section (1) is fulfilled, pass an order-\n(i) confirming the notice; or\n(ii) directing the Planning and Development Authority to grant such permission or to alter the conditions in such a way as will keep the land or part thereof capable of reasonably beneficial use.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "48",
            "title": "48. Compensation for refusal of permission or grant of permission subject to conditions in certain cases.",
            "chapter": null,
            "content": "(a) the re-erection of a building which has been destroyed or demolished and such re-erection does not exceed the cubic content of the original building by more than one-tenth; or\n(b) the enlargement, improvement or other alteration of any building which was in existence on the date of coming into operation of the Development Plan for the first time, and such enlargement or improvement or alteration does not exceed the cubic content of that building by more than one tenth; or\n(c) the carrying out, on any land used for the purposes of agriculture, of any building or other operation required for that purpose, other than operations for the erection, enlargement, improvement or alteration of a building for human habitation or of a building used for the purpose of marketing the produce of land; or\n(d) where any part of any building or other land which on the date of coming into operation of the Development Plan for the first time is used for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth of the cubic content of the part of the building used for that purpose on that date, or as the case may be, one-tenth of the area of the land so used on that date, the owner may, if he had not served an acquisition notice under section 47 or if he had served such notice, the same had not been confirmed under that section, within such time and in such manner as may be prescribed, claim upon the Planning and Development Authority compensation for the refusal of such permission or for the grant thereof subject to conditions:\n(a) where permission is refused, the difference between the value of the land if the permission had been granted and the value of the land in its existing state; or\n(b) where permission is granted subject to conditions, the difference between the value of the land if the permission had been granted unconditionally and the value of the land when permission is granted subject to conditions.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "49",
            "title": "49. Sanction for sub-division of plot or layout of private street and restriction on registration of purchase, sale or transfer of immovable property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "50",
            "title": "50. Power to revoke or modify permission to develop.",
            "chapter": null,
            "content": "(a) where the permission relates to the carrying out of building or other operations, no such order,\n(i) shall affect such of the operations as have been previously carried out; or\n(ii) shall be passed after such operations have been completed;\n(b) where permission relates to a change of use of land no such order shall be passed at any time after such change has taken place.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "51",
            "title": "51. Penalty for unauthorised Development, etc.",
            "chapter": null,
            "content": "(a) in contravention of any Development Plan; or\n(b) without obtaining a certificate regarding development charge under section 43; or\n(c) without the permission as required under this Act; or\n(d) in contravention of any condition subject to which such permission has been granted; or\n(e) after the permission for development has been revoked under section 50; or\n(f) in contravention of the permission which has been modified under section 50,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "52",
            "title": "52. Power to require removal of unauthorised development.",
            "chapter": null,
            "content": "(a) in the cases specified in clause (a) or clause (c) or clause (e) of the said sub-section to restore the land to its condition before the said development took place;\n(b) in the cases specified in clause (d) or clause (f) of the said sub-section to secure compliance with the conditions subject to which the permission was granted or with the permission as so modified;\n(c) in the cases specified in clause (b), to pay the development charge and such penalty, if any, as may be prescribed, and in particular, such notice may, for any of the purposes aforesaid require-\n(i) the demolition or alteration of any building or work;\n(ii) the carrying out on land, of any building or other operations; or\n(iii) the discontinuance of any use of land:\n(a) apply for permission under section 44 for the retention on the land of any buildings or works or for the continuance of any use of the land, to which the notice relates; or\n(b) appeal to the Board.\n(a) prosecute the owner for not complying with the notice and in case where the notice required the discontinuance of any use of land, also any other person who uses the land or causes or permits the land to be used in contravention of the notice; and\n(b) in the case of a notice requiring the demolition or alteration of any building or work or other operations, itself cause the restoration of the land to its condition before the development took place and secure the compliance with the conditions of the permission or with the permission modified by taking such steps as the Planning and Development Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations and may recover the cost of any expenses incurred by it in this behalf from the owner as arrears of land revenue.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "53",
            "title": "53. Power to stop unauthorised development.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "54",
            "title": "54. Power to require removal of authorised development or use.",
            "chapter": null,
            "content": "(a) that any use of land should be discontinued;\n(b) that any conditions should be imposed on the continuance of use of any land; or\n(c) that any building or work should be altered or removed;\n(i) require the discontinuance of that use; or\n(ii) impose such conditions, as may be specified in the notice, on the continuance of the use of the land; or\n(iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any building or work, as the case may be, within such period, being not less than one month from the date of service of such notice, as may be specified therein.\n(a) who has suffered damage in consequence of the compliance with the notice by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, or\n(b) who has carried out any works in compliance with the notice, claims from the Planning and Development Authority, within such time and in such manner as may be prescribed, compensation in respect of that damage, or of any expenses reasonably incurred by him for complying with the notice, the provisions of sub-sections (3) and (4) of section 50 shall apply with such modifications as may be necessary.\n(b) When a notice is served under clause (a), the provisions of sub-sections (2) to (6) of section 47 shall apply with such modifications as may be necessary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "55",
            "title": "55. Interim provision pending preparation of Development Plan.",
            "chapter": null,
            "content": "Chapter VIII\nTown Planning Schemes",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "56",
            "title": "56. Making of town planning scheme and its scope.",
            "chapter": null,
            "content": "(a) the laying out or re-laying out of land either vacant or already built upon;\n(b) the filling up, or reclamation of low-lying swamp or unhealthy areas or levelling up of land;\n(c) the laying out of new streets or roads, construction, diversion, extension, alteration, improvement and closing of streets, roads and communications;\n(d) the construction, alteration and removal of buildings, bridges and other structures;\n(e) the allotment or reservation of land for roads, open spaces, gardens, recreational grounds, schools, markets, green belts and dairies, transport facilities and public purposes of all kinds;\n(f) drainage, inclusive of sewerage, surface or sub-soil drainage and sewage disposal;\n(g) lighting;\n(h) water supply;\n(i) the preservation of objects of historical or national interest or natural beauty and of buildings actually used for religious purposes and development thereof;\n(j) the imposition of conditions and restrictions in regard to the open space to be maintained around buildings, the percentage of building area for a plot, the number, size, height and character of buildings allowed in specified areas, the purposes to which buildings in specified areas may or may not be appropriated, the sub-division or Plots, the discontinuance of objectionable uses or land in any area in reasonable periods, parking spaces and loading and unloading space for any building and the size of projections and advertisement signs; and\n(k) such other matters not inconsistent with the objects or this Act as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "57",
            "title": "57. Land in respect of which a town planning scheme may be made.",
            "chapter": null,
            "content": "(i) in the course of development,\n(ii) likely to be used for building purposes, and\n(iii) already built upon.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "58",
            "title": "58. Consent of Government to the publication of draft scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "59",
            "title": "59. Publication of draft scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "60",
            "title": "60. Contents of draft schemes.",
            "chapter": null,
            "content": "(a) the area, ownership and tenure of each original plot, the land allotted or reserved under clause (e) of sub-section (2) of section 56 with a general indication of the uses to which such land is to be put and the terms and conditions subject to which such land is to be put to such uses;\n(b) the extent to which it is proposed to alter the boundaries of original plots;\n(c) an estimate of the net cost of the scheme to be borne by the Planning and Development Authority;\n(d) a full description of all the details of the scheme under such clauses of sub-section (2) of section 58 as may be applicable;\n(e) the laying out or re-laying out of the land either vacant or already built upon;\n(f) the filling up or reclamation of low-lying swamp or unhealthy areas, or levelling up of land; and\n(g) any other prescribed particulars.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "61",
            "title": "61. Reconstituted plot.",
            "chapter": null,
            "content": "(a) to form a reconstituted plot by the alteration of the boundaries of an original plot;\n(b) to form a reconstituted plot by the transfer, wholly or partly, of adjoining lands;\n(c) to provide with the consent of the owners that two or more original plots each of which is held in ownership in severally or in joint ownership, shall with, or without alteration of boundaries, be held in ownership in common as a final plot;\n(d) to transfer the ownership of a plot from one person to another; and\n(e) to allot a plot to any owner dispossessed of the land in furtherance of the scheme.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "62",
            "title": "62. Inclusion of additional area in draft scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "63",
            "title": "63. Power of Government to require Planning and Development Authority to make a scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "64",
            "title": "64. Power of Government to suspend rule, bye-law, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "65",
            "title": "65. Disputed ownership.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "66",
            "title": "66. Power to hand over possession of land in advance of town planning scheme.",
            "chapter": null,
            "content": "Explanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "67",
            "title": "67. Withdrawal of scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "68",
            "title": "68. Consideration of objections and submission of scheme to the Government for approval.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "69",
            "title": "69. Effect of final scheme.",
            "chapter": null,
            "content": "(a) all lands required by the Planning and Development Authority shall, unless it is otherwise determined in such scheme, vest absolutely in the Planning and Development Authority free from all encumbrances; and\n(b) all rights in the original plots which have been reconstituted shall determine and the reconstituted plots shall become subject to the rights settled by the Planning and Development Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "70",
            "title": "70. Determination of certain matters by the Planning and Development Authority.",
            "chapter": null,
            "content": "(a) define, demarcate and decide the areas allotted to, or reserved, for a public purpose or purposes of the Planning and Development Authority, and also the final plots;\n(b) decide the person or persons to whom a final plot is to be allotted and when such plot is to be allotted to persons in ownership in common, decide the shares of such persons;\n(c) estimate the value of, and fix the difference between the values of, the original plots and the final plots included in the final scheme, in accordance with the provisions contained in clause (f) of sub-section (1) of section 86;\n(d) estimate the compensation payable for the loss of the area of the original plot in accordance with the provisions contained in clause (f) of sub-section (1) of section 86 in respect of any original plot which is wholly acquired under the scheme;\n(e) determine whether the areas allotted or reserved for a public purpose or purposes of the Planning and Development Authority are beneficial wholly or partly to the owners or residents within the area of the scheme;\n(f) estimate the proportion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose or purposes of the Planning and Development Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme;\n(g) determine the proportion of contribution to be levied on each plot used, allotted or reserved for a public purpose or purposes of the Planning and Development Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;\n(h) determine the amount of exemption, if any, from the payment of the contribution that may be granted in respect of plots or portion thereof exclusively used or occupied for religious or charitable purposes at the date on which public notice of the sanction of the final scheme is published under section 68;\n(i) estimate the value of final plots included in the final scheme and the increment to accrue in respect of such plots in accordance with the provisions of section 87;\n(j) calculate the proportion in which the increment in respect of the final plots included in the final scheme shall be liable to contribution to the cost of the scheme in accordance with the provisions contained in section 86;\n(k) calculate the contribution to be levied on each final plot included in the final scheme;\n(l) determine the amount to be deducted from, or added to, as the case may be, the contribution leviable from a person in accordance with the provisions contained in section 89;\n(m) provide for the total or partial transfer of any right in an original plot to a final plot or provide for the extinction of any right in an original plot in accordance with the provisions contained in section 90;\n(n) where a plot is subject to a mortgage with possession or a lease, decide the proportion of compensation payable to, or contribution payable by, the mortgagee or lessee on one hand and the mortgagor or lessor on the other;\n(o) estimate with reference to claims made before it, after due notice is given in the prescribed manner, the compensation to be paid to the owner of any property or right injuriously affected by the making of a scheme in accordance with the provisions contained in section 91;\n(p) determine the period within which the works provided in the scheme shall be completed by the Planning and Development Authority:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "71",
            "title": "71. Appeal.",
            "chapter": null,
            "content": "(b) Any person aggrieved by the decision in appeal of the [Chief Town Planner (Administration)] in matters referred to in clause (a), may appeal, within sixty days from the date of decision of the [Chief Town Planner (Administration)] in appeal, to the District Judge within the local limits of whose jurisdiction the area included in the scheme is situated.\n(c) The District Judge may transfer the appeal filed before him to the Additional District Judge for disposal.\n(d) The District Judge or the Additional District Judge, as the case may be, after making such enquiry as he thinks fit, may either direct the Planning and Development Authority to reconsider its proposals or accept, modify, vary or reject the proposals of the Planning and Development Authority and shall decide all matters arising out of the matters referred to in clause (a).\n(e) The decision of the District Judge or the Additional District Judge, as the case may be, shall be final and binding on all persons. A copy of the decision in appeal shall be sent to the Planning and Development Authority.\n(b) The provisions of sections 5, 12, and 14 of the Limitation Act, 1963, shall apply to appeals preferred under this section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "72",
            "title": "72. Constitution of Tribunal of Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "73",
            "title": "73. Place where Tribunal may sit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "74",
            "title": "74. Chairman to decide all questions of law and procedure.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "75",
            "title": "75. Powers of Tribunal to decide matter finally.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "76",
            "title": "76. Tribunal not to be court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "77",
            "title": "77. Remuneration of assessors and payment of incidental expenses of Tribunal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        },
        {
            "number": "78",
            "title": "78. Decision of Planning and Development Authority to be final in certain matters.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 76
        },
        {
            "number": "79",
            "title": "79. Power to enforce scheme.",
            "chapter": null,
            "content": "(a) remove, pull down or alter any building or other work in the area included in the scheme, which is such as to contravene the scheme or in the erection or carrying out of which, any provision of the scheme has not been complied with;\n(b) execute any work which it is the duty of any person to execute under the scheme, in any case where it appears to the Planning and Development Authority that delay in the execution of the work would prejudice the efficient operation of the scheme.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 77
        },
        {
            "number": "80",
            "title": "80. Power of Planning and Development Authority to evict summarily.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 78
        },
        {
            "number": "81",
            "title": "81. Power to vary scheme on ground of error, irregularity or informality.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 79
        },
        {
            "number": "82",
            "title": "82. Power to vary or revoke Town Planning Scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "83",
            "title": "83. Compensation when the final scheme is varied or revoked and apportionment of costs.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 81
        },
        {
            "number": "84",
            "title": "84. Joint town planning scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 82
        },
        {
            "number": "85",
            "title": "85. Delegation of certain powers of Joint Town Planning Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 83
        },
        {
            "number": "86",
            "title": "86. Costs of a scheme.",
            "chapter": null,
            "content": "(a) all sums payable by the Planning and Development Authority under the provisions of this Act, which are not specifically excluded from the costs of the scheme;\n(b) all sums spent or estimated to be spent by the Planning and Development Authority in the making and in the execution of the scheme;\n(c) all sums payable as compensation for land reserved or designated for a public purpose or purposes of the Planning and Development Authority, which is solely beneficial to the owner or residents within the area of the scheme;\n(d) such portion of the sums payable as compensation for and reserved or designated for a public purpose or purposes of the Planning and Development Authority, which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, as is attributable to the benefit accruing to the owners or residents within the area of the scheme from such reservation or designation;\n(e) all legal expenses incurred by the Planning and Development Authority in the making and in the execution of the scheme;\n(f) any amount by which the total of the values of the original plots exceeds the total of the values of the plots included in the final scheme, each of such plots being estimated at its market value on the date of publication of the draft scheme, with all the buildings and works thereon on that date and without reference to improvements contemplated in the scheme other than improvements due to alteration of its boundaries.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 84
        },
        {
            "number": "87",
            "title": "87. Calculation of increment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 85
        },
        {
            "number": "88",
            "title": "88. Contribution towards costs of scheme.",
            "chapter": null,
            "content": "(a) no such contribution shall exceed one-third of the increment estimated by the Planning and Development Authority to accrue in respect of such plot;\n(b) where a plot is subject to a mortgage with possession or to a lease, the Planning and Development Authority shall determine in what proportion the mortgagee or lessee on the one hand and the mortgagor or lessor on the other shall pay such contribution;\n(c) no such contribution shall be levied on a plot used, allotted or reserved for a public purpose or purposes of the Planning and Development Authority which is solely for the benefit of the owners of plots, or residents within the area of such scheme; and\n(d) the contribution levied on a plot used, allotted or reserved for a public purpose, or purposes of the Planning and Development Authority, which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public shall be calculated in proportion to the benefit estimated to accrue to the general public from such use, allotment or reservation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 86
        },
        {
            "number": "89",
            "title": "89. Certain amount to be added or deducted from contribution leviable from a person.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 87
        },
        {
            "number": "90",
            "title": "90. Transfer of right from original to reconstituted plot or extinction of such right.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 88
        },
        {
            "number": "91",
            "title": "91. Compensation in respect of property or right injuriously affected by scheme.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 89
        },
        {
            "number": "92",
            "title": "92. Exclusion or limitation of compensation in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "93",
            "title": "93. Provision for cases in which amount payable to owner exceeds amount due from him.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 91
        },
        {
            "number": "94",
            "title": "94. Provisions for cases in which value of developed plots is less than the amount payable by owner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 92
        },
        {
            "number": "95",
            "title": "95. Payment by adjustment of accounts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 93
        },
        {
            "number": "96",
            "title": "96. Payment of net amount due to Planning and Development Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 94
        },
        {
            "number": "97",
            "title": "97. Power of Planning and Development Authority to make agreements.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 95
        },
        {
            "number": "98",
            "title": "98. Recovery of arrears.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 96
        },
        {
            "number": "99",
            "title": "99. Power to borrow money for Development Plan for making or execution of a town planning scheme.",
            "chapter": null,
            "content": "Chapter IX\nLevy, Assessment and Recovery of Development Charge",
            "footnote": "",
            "is_definition": false,
            "sort_order": 97
        },
        {
            "number": "100",
            "title": "100. Levy of Development Charge.",
            "chapter": null,
            "content": "[100A. Levy of processing fee/fees for change of Zone.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 98
        },
        {
            "number": "101",
            "title": "101. Rates of development charge.",
            "chapter": null,
            "content": "[101A. Rate of processing fee/fees for change of Zone.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 99
        },
        {
            "number": "102",
            "title": "102. Assessment of Development charge.",
            "chapter": null,
            "content": "(a) where permission under Chapter VII has not been granted for carrying out the said development, the Planning and Development Authority may postpone the assessment of the Development Charge;\n(b) where the application relates to the carrying out of any development in any land, the Planning and Development Authority may refuse to assess the Development Charge payable in respect thereof, unless it is satisfied that the applicant has an interest in the land sufficient to enable him to carry out such development, or that the applicant will carry out the development within such period as the Planning and Development Authority considers appropriate;\n(c) where the application relates to the institution or change of any use of land, the Planning and Development Authority may refuse to assess the amount of Development Charge payable in respect thereof unless it is satisfied that the use will be instituted within such period as the Planning and Development Authority considers appropriate.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 100
        },
        {
            "number": "103",
            "title": "103. Appeals against assessment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 101
        },
        {
            "number": "104",
            "title": "104. Development Charge to be a charge on land and to be recoverable as arrears of land revenue.",
            "chapter": null,
            "content": "Chapter X\nFinance, Accounts and Audit",
            "footnote": "",
            "is_definition": false,
            "sort_order": 102
        },
        {
            "number": "105",
            "title": "105. Fund of Planning and Development Authority.",
            "chapter": null,
            "content": "(a) all moneys received by the Planning and Development Authority from the Government by way of grants, loans, advances or otherwise for the purpose of this Act;\n(b) all Development Charges or other charges received by the Planning and Development Authority under this Act or rules, regulations or bye-laws made thereunder;\n(c) contributions from the local authority or authorities of the area included in the planning area of the Planning and Development Authority, of such amount not exceeding ten per cent of the general fund of such local authority or authorities, as the Government may specify from time to time;\n(d) all moneys received by the Planning and Development Authority from any other source.\n(a) the administrative expenses of the Planning and Development Authority;\n(b) the cost of acquisition of land in the planning area for the purpose of development;\n(c) the expenditure for any development of land in the planning area;\n(d) the expenditure for such other purposes as the Government may direct.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 103
        },
        {
            "number": "106",
            "title": "106. Budget of the Planning Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 104
        },
        {
            "number": "107",
            "title": "107. Accounts and Audit.",
            "chapter": null,
            "content": "Chapter XI\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 105
        },
        {
            "number": "108",
            "title": "108. Annual Reports.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 106
        },
        {
            "number": "109",
            "title": "109. Pension and Provident Funds.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 107
        },
        {
            "number": "110",
            "title": "110. Power of entry.",
            "chapter": null,
            "content": "(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;\n(b) setting out boundaries and intended lines of works;\n(c) marking such levels, boundaries and lines by placing marks and cutting trenches;\n(d) examining works under construction and ascertaining the course of sewers and drains;\n(e) digging or boring into the sub-soil;\n(f) ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules or regulations thereunder;\n(g) doing any other act necessary for the efficient administration of this Act:\n(i) in the case of any building used as a dwelling house or upon any enclosed part or garden attached to such building, no such entry shall be made (unless with the consent of the occupier thereof) without giving such occupier at least twenty-four hours notice in writing of the intention to enter;\n(ii) sufficient opportunity shall in every case be given to enable women (if any) to withdraw from such land or building;\n(iii) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 108
        },
        {
            "number": "111",
            "title": "111. Service of notices, etc.",
            "chapter": null,
            "content": "(a) where the document is to be served on a Government department, railway, local authority, statutory authority, company, corporation, society, or other body, if the document is addressed to the Head of the Government Department, General Manager of the Railway, Secretary or principal officer of the local authority, statutory authority, company, corporation, society or body, to the principal, branch, local or registered office, as the case may be, of other body and is either -\n(i) sent by registered post to such person or officer; or\n(ii) delivered at such office;\n(b) where the person to be served is a member of a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either -\n(i) sent by registered post, or\n(ii) delivered at the said place of business;\n(c) in any other case, if the document is addressed to the person to be served, and -\n(i) is given or tendered to him, or\n(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates, or\n(iii) is sent by registered post to that person.\n(a) if the document so addressed is delivered or sent in accordance with clause (c) of sub-section (1); or\n(b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 109
        },
        {
            "number": "112",
            "title": "112. Public notice how to be made known.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 110
        },
        {
            "number": "113",
            "title": "113. Notices etc. to fix reasonable time.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 111
        },
        {
            "number": "114",
            "title": "114. Authentication of orders and documents of the Board and the Planning and Development Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 112
        },
        {
            "number": "115",
            "title": "115. Authentication of plans and schemes and custody thereof.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 113
        },
        {
            "number": "116",
            "title": "116. Mode of proof of records of Board and the Planning and Development Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 114
        },
        {
            "number": "117",
            "title": "117. Restriction on the summoning of officers and servants of the Board and Planning and Development Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 115
        },
        {
            "number": "118",
            "title": "118. Right to appear by recognised agent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 116
        },
        {
            "number": "119",
            "title": "119. Power to compel attendance of witness etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 117
        },
        {
            "number": "120",
            "title": "120. Jurisdiction of courts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 118
        },
        {
            "number": "121",
            "title": "121. Bar of legal proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 119
        },
        {
            "number": "122",
            "title": "122. Offences by companies.",
            "chapter": null,
            "content": "Explanation:-\n(a) 'company' means a body corporate and includes a firm or other association of individuals; and\n(b) 'director' in relation to a firm means a partner in the firm.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 120
        },
        {
            "number": "123",
            "title": "123. Penalty for obstructing contractor or removing mark.",
            "chapter": null,
            "content": "(a) obstructs, or molests any person engaged or employed by the Board or any Planning and Development Authority or any person with whom the Board or Planning and Development Authority has entered into a contract, in the performance or execution by such person of his duty, or of anything which he is empowered or required to do under this Act, or of any rule or regulation made thereunder or under the contract, as the case may be; or\n(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of work authorised under this Act, he shall be punishable with fine which may extend to two hundred rupees or with imprisonment for a term which may extend to two months.\n124. [Sanction of prosecution.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 121
        },
        {
            "number": "125",
            "title": "125. Composition of offence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 122
        },
        {
            "number": "126",
            "title": "126. Magistrate's power to impose enhanced penalties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 123
        },
        {
            "number": "127",
            "title": "127. Fine when realised to be paid to the Planning and Development Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 124
        },
        {
            "number": "128",
            "title": "128. Members and officers to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 125
        },
        {
            "number": "129",
            "title": "129. Finality of orders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 126
        },
        {
            "number": "130",
            "title": "130. Validation of acts and proceedings.",
            "chapter": null,
            "content": "(a) the existence of any vacancy in, or any defect in, the constitution of the Board or any Planning and Development Authority; or\n(b) any person associated with the Board or Planning and Development Authority under section 24 having voted in contravention of the section; or\n(c) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or\n(d) any omission, defect or irregularity not affecting the merits of the case.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 127
        },
        {
            "number": "131",
            "title": "131. Power to delegate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 128
        },
        {
            "number": "132",
            "title": "132. Control by the Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 129
        },
        {
            "number": "133",
            "title": "133. Returns and information.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 130
        },
        {
            "number": "134",
            "title": "134. Effect of other laws.",
            "chapter": null,
            "content": "(a) when permission for development in respect of any land has been obtained under this Act, such development shall not be deemed to be not validly undertaken or carried out by reason only of the fact that the permission, approval or sanction required under such other law for such development has not been obtained;\n(b) when permission for the development has not been obtained under this Act, such development shall not be deemed to be validly undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development had been obtained.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 131
        },
        {
            "number": "135",
            "title": "135. Registration of documents, plan or map in connection with final scheme not required.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 132
        },
        {
            "number": "136",
            "title": "136. Vesting of property ceasing to have jurisdiction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 133
        },
        {
            "number": "137",
            "title": "137. Special provision in case of a dissolution or supersession of a local authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 134
        },
        {
            "number": "138",
            "title": "138. Default in exercise of power or performance of duty by Planning and Development Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 135
        },
        {
            "number": "139",
            "title": "139. Dissolution of Planning and Development Authorities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 136
        },
        {
            "number": "140",
            "title": "140. Power to make rules.",
            "chapter": null,
            "content": "(a) the qualifications in town and country planning for appointment as [Chief Town Planner(Administration), Chief Town Planner(Land Use), and Chief Town Planner(Planning)] ;\n(b) the term of office of the members of the Board, the manner of filling casual vacancies among them and the allowances payable to such members for attending the meetings of the Board;\n(c) the procedure to be followed in regard to the transaction of business at the meetings of the Board;\n(d) the functions which may be performed by the Board and the Planning and Development Authority;\n[(dd) form for making request under sub-section (1) of section 16B;]\n(e) the term of office and conditions of service of the Chairman and the members of the Planning and Development Authority;\n[(ea) the form and manner in which a Development Right Certificate is to be issued and manner in which the development right to be utilized under section 41A;\n(eb) the manner in which land and amenity to be transferred by way of accommodation reservation under section 41B;\n(ec) the manner in which development right of a property can be withdrawn or severed and allotted to other area by way of transferable development right for posterity under section 41C;]\n(f) the manner in which and the purposes for which a Planning and Development Authority may associate any person under section 24;\n(g) the control and restrictions subject to which officers and other staff of the Board, and of the Planning and Development Authority may be appointed;\n(h) the form in which land use map and land use register shall be prepared;\n(i) the form and contents of a Development Plan;\n(j) the time within which modifications, if any, may be directed to be made in any Development Plan under section 34;\n(k) the form in which any application for permission for development in respect of, or change of use of, land shall be made, the particulars to be contained therein and the documents and plans which shall accompany such application;\n(l) the manner of filing of appeals under this Act, the fees to be paid thereon and the procedure to be followed in such appeals;\n(m) the manner in which an acquisition notice may be served under this Act;\n(n) the time within which and the manner in which a claim for compensation may be made under section 48 and the procedure to be followed for assessment of compensation;\n(o) the matters which may be included in a town planning scheme;\n(p) the procedure to be followed in summarily evicting a person under section 80;\n(q) the manner in which a draft variation of a final scheme shall be published under sub-section (2) of section 81 and the particulars to be contained in such variation;\n(r) the exemption from the levy of Development Charges payable under this Act;\n(s) the rates of Development Charges and the manner in which an application for assessment of the Development Charge may be made;\n(t) the sum of money that may be kept in a current account by the Planning and Development Authority;\n(u) the form in which and the time within which the budget of a Planning and Development Authority shall be prepared and the number of copies that have to be sent to the Board and the Government;\n(v) the form of the annual statement of accounts and balance sheet of a Planning and Development Authority;\n(w) the manner in which and the conditions subject to which pension and provident funds shall be constituted by a Planning and Development Authority for the benefit of its officers and other employees;\n(x) the documents in respect of which certified copies may be granted and the fees payable therefor;\n(y) any other matter which has to be, or may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 137
        },
        {
            "number": "141",
            "title": "141. Power to make regulations.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 138
        },
        {
            "number": "142",
            "title": "142. Repeal.",
            "chapter": null,
            "content": "(a) The Legislative Diploma No. 1088 dated 26-9-1940;\n(b) Portaria no. 3531 dated 14-11-1940;\n(c) The Legislative Diploma No. 1114 dated 27-7-1942;\n(d) Portaria no. 3703 dated 27-8-1942;\n(e) The Legislative Diploma No. 1421 dated 24-4-1952;\n(f) The Legislative Diploma No. 1467 dated 5-3-1953;\n(g) The Interim Building Bye-laws and Zoning Regulations 1965;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 139
        }
    ],
    "metadata": {
        "Act ID": "goa258",
        "Act Number": "(Act No. 21 of 1975)",
        "Enactment Date": "",
        "Act Year": "1974",
        "Short Title": "The Goa, Daman and Diu Town and Country Planning Act, 1974",
        "Type": "STATE",
        "Location": "Goa"
    },
    "updated_at": "2026-09-29 21:52:45"
}