Maharashtra Village Panchayats and the Maharashtra Regional and Town Planning (Amendment) Act, 2014
[Maharashtra Act 43 of 2014][29th December, 2014]
CONTENTS
1. Short title and commencement
AMENDMENTS TO THE MAHARASHTRA VILLAGE PANCHAYATS ACT
2. Amendment of Section 52 of III of 1959
3. Amendment of Section 53 of III of 1959
4. Amendment of Section 176 of III of 1959
An Act further to amend the Maharashtra Village Panchayats Act and the Maharashtra Regional and Town Planning Act, 1966.
WHEREAS it is expedient further to amend the Maharashtra Village Panchayats Act (III of 1959) and the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) for the purposes hereinafter appearing; it is hereby enacted in the Sixty-fifth Year of the Republic of India as follows:
1. Short title and commencement.—(1) This Act may be called the Maharashtra Village Panchayats and the Maharashtra Regional and Town Planning (Amendment) Act, 2014.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette appoint and different dates may be appointed for different sections of this Act.
AMENDMENTS TO THE MAHARASHTRA VILLAGE PANCHAYATS ACT
2. Amendment of ## Section 52 of III of 1959.—In Section 52 of the Maharashtra Village Panchayats Act (III of 1959) (hereinafter referred to as “the Village Panchayats Act”),—
(a) for sub-sections (1) and (2), the following sub-sections shall be substituted, namely:
“(1) In the village, for which a draft Regional plan or final Regional plan has been published under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), no person shall erect or re-erect or commence to erect or re-erect any building,—
(i) in the gaothan area of the village, within the meaning of clause (10) of Section 2 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), without obtaining the previous permission of the panchayat, in the prescribed manner;
(ii) in other areas of the village, without obtaining the previous permission of the Collector or any other officer, not below the rank of Tahsildar to whom the powers of the Collector are delegated.
(1A) In the village for which a draft Regional plan or final Regional plan has not been published, no person shall erect or re-erect or commence to erect or re-erect any building, without obtaining the previous permission of the panchayat in the prescribed manner.
(2) Any permission under sub-section (1) or sub-section (1A), as the case may be, shall be granted by the panchayat, upon an application made for this purpose, only after obtaining the prior approval of the Town Planning Officer of the State Government, posted at the Panchayat Samiti level or, in case, no such officer has been posted at the Panchayat Samiti level, the Town Planning Officer at the Zilla Parishad level.
(2A) If the panchayat fails to communicate its permission or refusal in respect thereof, within sixty days from the date of receipt of such application or, within sixty days from the date of receipt of the reply from the applicant, in respect of the requisition, if any, made by the panchayat, whichever is later, such permission shall be deemed to have been granted to the applicant, on the day immediately following the Expiry of the said period of sixty days:
Provided that, such permission shall be deemed to have been granted subject to the condition that, the erection or re-erection or commencement of erection or re-erection of any building, shall be in strict conformity with the relevant Development Control Regulations or the draft of final Regional plan, as the case may be, in accordance with the provisions of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) or any bye-laws or regulations framed under any other law for the time being in force:
Provided further that, any erection or re-erection or commencement of erection or re-erection of any building, in contravention of the preceding proviso, shall be deemed to be unauthorised development.
(2B) Any applicant aggrieved by an order granting permission on conditions or for refusing permission under sub-section (1) or (1A), as the case may be, may within forty days from the date of communication of the order to him, prefer an appeal to the District Head of the Town Planning Department posted at the Zilla Parishad. The appeal shall be in such form and shall bear such court-fees as may be prescribed. Such District Head, after giving an Appellant a reasonable opportunity of being heard, may by order, passed within a period of ninety days from the date of receipt of appeal, either allow the appeal unconditionally or subject to such conditions, as he may deem fit, or reject the appeal. The decision of the District Head on such appeal shall be final and binding on all concerned.
(2C) Notwithstanding anything contained in any judgment, order or decree of any court, on and with effect from the date of commencement of the Maharashtra Village Panchayats and the Maharashtra Regional and Town Planning (Amendment) Act, 2014 (Mah. XLIII of 2014), the Maharashtra Village Panchayats (Extension of Village Sites) Rules, 1967 shall, stand repealed.
(2D) On and with effect from the date of commencement of the Maharashtra Village Panchayats and the Maharashtra Regional and Town Planning (Amendment) Act, 2014 (Mah. XLIII of 2014), until the rules, under this section are made, the Standardised Development Control and Promotion Regulations for Regional Plans in Maharashtra, framed under sub-section (4) of Section 20 of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), in respect of grant of permission to erect or re-erect the buildings shall apply.”;
(b) in sub-section (3), for the words, brackets and figures “sub-section (1) or (2)” the words, brackets, figures and letters “sub-section (1), (1A), (2), (2A) or (2B)” shall be substituted.
3. Amendment of ## Section 53 of III of 1959.—In Section 53 of the Village Panchayats Act, in sub-section (1), for the words “within the limits of the village”, the words “within the limits of the gaothan area of the village” shall be substituted.
4. Amendment of ## Section 176 of III of 1959.—In Section 176 of the Village Panchayats Act, in sub-section (2), after clause (xii), the following clause shall be inserted, namely:—
“(xii-1a) under sub-sections (1) and (IA) of Section 52, prescribing the manner in which permission to erect or re-erect or commence to erect or re-erect any building shall be obtained; and under sub-section (2B) thereof, prescribing the form of appeal and the court-fees to be paid alongwith the appeal;”.