Bare Acts Live
Himachal Pradesh Town and Country Planning Act, 1977
Himachal Pradesh Town And Country Planning Rules, 1978
3. Form of Notice.
4. Manner of publication of notice.
5. Manner of publication of Regional Plan.
6. Notice of Modifications in Regional Plan.
7. Manner of publication of existing land-use map.
8. Manner of publication of approved Interim Development Plan.
9. Manner of publication of draft development plan.
10. Manner of publication of approved development plan.
11. Intention of development undertaken on behalf of Union or State Government.
12. Form of application for permission for development of land by others.
13. Form of permission.
14. Manner of communication of order under sub-section (4) of Section 31.
16. Notice by owner to purchase interest in land.
17. Manner of communication of revocation and modification permission to development.
20. Preparation of town development scheme.
21. Acquisition of land.
22. Mode of levy.
23. Power to borrow money.
24. Terms and conditions subject to which loans may be raised by the Special area Development Authority.
1. Short title, extent, commencement and application.
3. Director and other officers.
4. Establishment of regions.
5. Director to prepare regional plan.
6. Survey.
7. Contents of regional plan.
8. Preparation of regional plan.
9. Finalisation of regional plan.
10. Restriction on use of land or development thereof.
11. Exclusion from claims of amount in certain cases.
12. Review of regional plan.
13. Planning area.
14. Director to prepare development plans.
15. Existing land use maps.
16. Freezing of land use.
17. Interim development plans.
18. Development plan.
19. Publication of draft development plan.
20. Sanction of development plans.
21. Director to prepare sectoral plan.
22. Contents of sectoral plan.
23. Provisions of sections 19 and 20 to apply to sectoral plan.
24. Review of development plan and sectoral plan.
25. Director to control land use.
26. Conformity with development plan.
27. Prohibition of development without permission.
28. Development undertaken on behalf of Union or State Government.
29. Development by local authority or by any authority constituted under this Act.
30. Application for permission for development by others.
30A. Exemption from development permission in rural areas falling within Planning or Special Area.
30B. Exemption in respect of development of certain lands or buildings.
31. Grant or refusal of permission.
34. Lapse of permission.
35. Obligation to acquire land.
36. Deletion of reservation of designated land from draft or final development plan.
37. Power of revocation and modification or permission to development.
38. Penalty for unauthorised development or for use otherwise than in conformity with development plan.
39. Power to require removal of unauthorised development.
40. Establishment of Town and Country Development Authority.
41. Incorporation of Town and Country Development Authority.
42. Constitution of Town and Country Development Authority.
42A. Constitution of Town and Country Development Authority for the Capital Town of Himachal Pradesh.
43. Term of office of Chairman and other members.
44. Resignation of members and filling of casual vacancy.
45. Remuneration of Chairman.
46. Leave of absence and appointment etc. of acting Chairman.
47. Meeting of Town and Country Development Authority.
48. Chief Executive Officer.
49. Other officers and servants.
50. Conditions of service of Chief Executive Officer and other officers and servants.
51. Town development schemes.
53. Power to revise the development schemes.
54. Power of State Government to give Directions.
55. Restriction on land use and development.
56. Lapse of scheme.
57. Town development scheme public purpose.
58. Acquisition of land for Town and Country Development Authority.
59. Developments.
60. Disposal of land, buildings and other development works.
61. Development charges.
63. Fund of Town and Country Development Authority.
64. Annual budget.
66. Constitution of special areas.
67. Special area Development Authority.
68. Incorporation of Special Area Development Authority.
70. Functions.
71. Powers.
72. Fund of Special Area Development Authority.
73. Annual estimates.
74. Power of State Government of supervision and control.
76. Power of Government to review plans etc. for ensuring conformity.
78. Dissolution of authorities.
79. Right of entry.
80. Jurisdiction of Court.
82. Member and officers to be public servants.
83. Suit and other proceedings.
84. Vacancy not to invalidate proceedings.
85. Member to continue till successor enters upon office.
86. Interpretation of regional plan etc.
87. Powers to moke rules.
89. Power to lay the rules and regulations.
The Himachal Pradesh Town and Country Planning Act, 1977
(as amended by Amendment Act No. 22 of 1983)
Amended by Act No. 8 of 2009
Act published in the Rajpatra, Extraordinary, dated the 30th September, 1977 vide Law Department Notification No. LLR-D(6)5/77, dated the 22nd September, 1977.
An Act to make provision for planning and development and use of land; to make better provision for the preparation of development plans and sectoral plans with a view to ensuring that town planning schemes are made in a proper manner and their execution is made effective; to constitute the Town and Country and Development Authority for proper implementation of town and country development plan; to provide for the development and administration of special areas through the Special Area Development Authority; to make provision for the compulsory acquisition of land required for the purpose of the development plans and for purposes connected with the matters aforesaid.
Be it enacted by the Himachal Pradesh Legislative Assembly in the Twenty-eighth Year of the Republic of India as follows:-
1. Short title, extent, commencement and application. - (1) This Act may be called the Himachal Pradesh Town and Country Planning Act, 1977.
(3) It shall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different areas and for different provisions of this Act.
(4) Nothing in this Act shall apply to-
(a) lands comprised within a cantonment under the Cantonments Act, 1924; (2 of 1924).
(b) lands owned, hired or requisitioned by the Central Government for the purpose of naval, military and air force works;
(c) lands under the control of railway administration for the purpose of construction and maintenance of works under Chapter III of the Indian Railways Act, 1890; (9 of 1890) and
(d) lands owned by any department of the Central Government where operational constructions are going on.
(a) "agriculture" includes horticulture, farming, raising of annual or periodical crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil, the reserving of land for fodder, grazing or thatching areas, breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees, and the use of land ancillary to the farming of land, but does not include-
(i) keeping of cattle purely for the purpose of milking and selling the milk and milk products,
(ii) a garden which is an appendage of buildings, and the expression "agricultural" shall be construed accordingly;
(b) "amenity" includes roads and streets, water and electric supply, open spaces, parks, recreational area, natural feature, playgrounds, street lighting, drainage, sewerage and other utilities, services and conveniences;
(c) "building" includes any structure or erection, or part of a structure or erection, which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;
(d) "building operation" includes-
(i) erection or re-erection of a building or any part thereof,
(ii) roofing or re-roofing of any part of building or an open space,
(iii) any material alteration or enlargement of a building,
(iv) any such alteration of a building as is likely to alter its drainage or sanitary arrangements, or materially affect its security,
(v) the construction of a door opening on any street or land not belonging to the owner;
(e) "commercial use" means the use of any land or building or part thereof for the purpose of carrying on any trade, business or profession, or sale or exchange of goods of any type whatsoever and includes running of with a view to make profit hospitals, nursing homes, infirmaries, educational institutions, hostels, restaurants and boarding houses not being attached to any educational institutions, sarais and also includes the use of any land or building for storage of goods or as buildings for storage of goods or as an office whether attached to an industry or otherwise;
(f) "court" means the principal civil court of original jurisdiction in the district;
(g) "development" with its grammatical variations means the carrying out of a building, engineering, mining 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 either, and includes sub-division of any land;
(h) "development plan" means interim development plan or development plan prepared under this Act;
(i) "director" means the Director of Town and Country Planning appointed under this Act;
(j) "existing land use map� means a map indicating the use to which lands in any specified area are put at the time of preparing the map, and includes the register prepared, with the map giving details of land-use;
(k) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(l) "member" means a member of a Town and Country Development Authority or a Special Area Development Authority, as the case may be, and includes a Chairman thereof;
(m) "occupier" includes-
(i) a tenant,
(ii) an owner in occupation of or otherwise using his land,
(iii) a rent free tenant,
(iv) a licensee, and
(v) any person liable to pay to the owner, damages for the use and occupation of the land;
(n) "owner" includes a mortgagee in possession, a person who for the time being is receiving or is entitled to receive, or has received, the rent or premium for any land whether on his own account or on behalf of or for the further benefit of any other person or as an agent, trustee, guardian or receiver for any other person or for religious or charitable institutions or who would receive the rent or be entitled to receive the rent or premium if the land were to be let and includes a head of a Government department, General Manager of a Railway and the Chief Executive Officer, by whatever name designated, or a local authority, statutory authority, company, corporation or undertaking in respect of properties under their control;
(o) "planning area" means any area declared to be planning area under this Act;
(p) "region" means any area established to be a region under this Act;
(q) "regional plan" means a plan for the region prepared under this Act and approved by the State Government;
(r) "sector" means any sector of a planning area for which, under the development plan, a detailed sectoral plan is prepared;
(s) "slum area" means any predominantly residential area, where the dwellings which by reason of dilapidation, over-crowding, faulty arrangement of design, lack of ventilation, light or sanitary facilities or any combination of these factors are detrimental to safety, health or moral and which is defined by a development plan as a slum area;
(t) "special area" means a special area designated as such under section 66;
(u) "Special Area Development Authority� means an authority constituted under section 67;
(v) "Town Development Scheme" means a scheme prepared for the implementation of the provisions of a development plan by the Town and Country Development Authority; and
(w) "Town and Country Development Authority" means an authority established under section 40.
Director of Town and Country Planning
3. Director and other officers. - (1) After the commencement of this Act the State Government shall, by notification in the Official Gazette, appoint an officer for the purpose of carrying out functions assigned to him under this Act, as the Director of Town and Country Planning for the State and may appoint such other categories of officers as it may deem fit.
(2) The Director shall exercise such powers and perform such duties as are conferred or imposed upon him by or under this Act and the officers appointed to assist the Director shall, within such area as the State Government may specify, exercise such powers and perform such duties conferred and imposed on the Director by or under this Act as the State Government may, by special or general order, direct.
(3) The officers appointed to assist the Director shall be subordinate to him and shall work under his guidance, supervision and control.
4. Establishment of regions. - (1) The State Government may, by notification,-
(a) declare any area in the State to be a region for the purposes of this Act;
(b) define the limits of such area; and
(c) specify the name by which such region shall be known.
(2) The State Government may, by notification, alter the name of any such region and on such alteration, any reference in any law or instrument or other document to the region shall be deemed to be a reference to the region as re-named unless expressly otherwise provided or the context so requires.
(3) The State Government may, by notification,-
(a) alter the limits of a region so as to include therein or exclude therefrom Such area as may be specified in the notification;
(b) amalgamate two or more regions so as to form one region;
(c) divide any region into two or more region; or
(d) declare that the whole or part of the area comprising a region shall cease to be a region or part thereof.
5. Director to prepare regional plan. - Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of the Director-
(i) to carry out a survey of the regions;
(ii) to prepare an existing land use map; and
(iii) to prepare a regional plan.
6. Survey. - (1) The Director shall, with a view to prepare the existing land use map, and other maps as are necessary for the purpose of regional plan,-
(a) carry out such surveys as may be necessary;
(b) obtain from any department of Government and any local authority such maps, survey reports and land records as may be necessary for the purpose.
(2) It shall be the duty of every Government department and local authority to furnish, as soon as may be possible, maps, reports and record, as may be required by the Director.
7. Contents of regional plan. - The regional plan shall indicate the manner in which land in the region should be used, the phasing of development, the net work of communications and transport, the proposals for conservation and development of natural resources, and in particular-
(a) allocation of land to such purposes as residential, industrial; agricultural or as forests or for mineral exploitation;
(b) reservation of open spaces for recreational purposes, gardens, tree belts, and animal sanctuaries;
(c) access or development of transport and communication facilities such as roads, railways, water ways, and the allocation and development of airports;
(d) requirements and suggestions for development of public utilities such as water supply, drainage and electricity;
(e) allocation of areas to be developed as "Special Areas� wherein new towns, townships, large industrial estates or any other type of large development projects may be established;
(f) landscaping and the preservation of areas in their natural state,
(g) measures relating to the prevention of erosion, including rejuvenation of forest areas;
(h) proposals relating to irrigation, water supply or flood control works.
8. Preparation of regional plan. - (1) After preparation of the existing land use map, the Director shall cause to be prepared a draft regional plan and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed inviting objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice, such date not being earlier than sixty days from the publication of the notice. Such notice shall specify in regard to the draft plan the following particulars, namely-
(a) the existing land use map and the narrative report thereon;
(b) a narrative report supported by necessary map and charts explaining the provisions of the draft plan;
(c) a note indicating the priorities assigned to works included in the draft plan and the phasing of the programme of development as such;
(d) a notice on the role being assigned to different departments of Government, the Town and Country Development Authorities; the Special Area Development Authorities, and the Local Authorities in the enforcement and implementation of draft plan.
(2) The Director shall consider all the objections and suggestions received by him within the period specified in the notice under sub-section (1) and shall, after giving a reasonable opportunity to all persons affected thereby of being heard, prepare the regional plan containing such modifications, if any, as he considers necessary and submit it to the State Government for approval together with all connected documents, plans, maps and charts.
9. Finalisation of regional plan. - (1) The State Government may approve the draft regional plan submitted under section 8 with or without modification or reject or return the same to the Director for reconsideration.
(2) Immediately after the draft regional plan is approved under sub-section (1) the State Government shall publish in such manner, as may be prescribed, a notice stating that the regional plan has been approved and mentioning a place where a copy of the plan may be inspected at all reasonable hours and shall specify therein a date on which the regional plan shall come into operation:
Provided that where the State Government approves the draft regional plan with modifications, it shall not be published, unless the State Government having published such modifications in the Official Gazette along with a notice inviting objections and suggestions thereon, within a period of not less than thirty days from the date of publication of such notice have considered the objections and suggestions after giving a reasonable opportunity of being heard to persons affected thereby.
10. Restriction on use of land or development thereof. - (1) Notwithstanding anything contained in any other law for the time being in force, on or after the date of publication of the draft regional plan, no person, authority, department of Government or any other person shall change the use of land for any purpose other than agriculture, or carry out any development in respect of any land contrary to the provisions of the draft plan, without the prior approval of the Director or any officer next to him authorised by the Director, in this behalf.
(2) Notwithstanding anything contained in any law for the time being in force, the permission referred to in sub-section (1) shall not be granted otherwise than in conformity with the provision of the draft or final plan and no permission, if granted, shall be construed to confer any legal right whatsoever on the person seeking the permission.
(3) If any work is carried out in contravention of the provisions of this section, the Municipal Corporation or Municipal Committee within its local area, and the Collector in area outside such local areas, may cause such work to be removed or demolished at the cost of the defaulter, which shall be recovered from him in the same manner as an arrear of land revenue:
Provided that no action shall be taken under this sub-section unless the person concerned is given a reasonable opportunity of being heard and a notice calling upon him to remove or demolish the work within a time specified therein.
(4) Any person aggrieved by the order of the Municipal Corporation, Municipal Committee or Collector, as the case may be, calling upon to remove or demolish the work may prefer an appeal to the Director within fifteen days of the receipt of the notice under sub-section (3) and the order of the Director in such appeal shall be final.
11. Exclusion from claims of amount in certain cases. - Where the regional plan assigns a particular land use to a certain areas and any land situate therein is already put to such use, subject to substantially similar restrictions in force under any other law which was in force on the date on which restrictions were imposed by or under this Act and if amount in respect of such restrictions have already been paid under any such other law which was in force for the time being in respect of the property or any right or interest therein to the claimant, or any predecessor in interest of the claimant, the owner shall not be entitled to any further amount on account of injury or damage caused to his rights by reasons of the restrictions placed on the use of the land under the provisions of this Act.
12. Review of regional plan. - (1) The Director may, on his own motion or if so required by the State Government, at any time after a regional plan has come into operation, undertake the review and evaluation of the regional plan and make such modification in it as may be justified by the circumstances.
(2) The foregoing provisions of this Chapter shall, so far as they can be made applicable, apply to the modifications under sub-section (1) as these provisions apply in relation to the preparation, publication and approval of a regional plan.
Planning Area and Development Plans
13. Planning area. - (1) The State Government may, by notification, constitute planning areas for the purposes of this Act and define the limits thereof.
(2) The State Government may, by notification.-
(a) alter the limits of a planning area so as to include therein or excluse therefrom such area as may be specified in the notification;
(b) amalgamate two or more planning areas so as to constitute one planning area;
(c) divide any planning area into two or more planning areas;
(d) declare that the whole or part of the area constituting the planning area shall cease to be a planning area or part thereof.
14. Director to prepare development plans. - Subject to the provisions of this Act and the rules made thereunder, the Director shall-
(a) prepare an existing land use map;
(b) prepare an interim development plan;
(c) prepare a development plan;
(d) prepare a sectoral plan;
(e) carry such surveys and inspections and obtain such pertinent reports from government departments, local authorities and public institutions as may be necessary for the preparation of the plans;
(f) perform such duties and functions as are supplemental, incidental, and consequential to any of the foregoing functions or as may be assigned by the State Government for the purpose of carrying out the provisions of this Act.
15. Existing land use maps. - (1 )The Director shall carryout the survey and prepare an existing land use map and, forthwith publish the same in such manner as may be prescribed together with public notice of the preparation of the map and of the place or places where the copies may be inspected, inviting objections and suggestions in writing from any person with respect thereto within thirty days from the date of publication of such notice.
(2) After the expiry of the period specified in the notice published under sub-section (1), the Director may, after allowing a reasonable opportunity of being heard to all such persons who have filed the objections or suggestions, make such modifications therein as may be considered desirable.
(3) As soon as may be after the map is adopted with or without modifications the Director shall publish a public notice of the adoption of the map and the place or places where the copies of the same may be inspected.
(4) A copy of the notice shall also be published in the Official Gazette and it shall be conclusive evidence of the fact that the map has been duly prepared and adopted.
16. Freezing of land use. - On the publication of the existing land use map under section 15-
(a) no person shall institute or change the use of any land or carry out any development of land for any purpose other than that indicated in the existing land use map without the permission in writing of the Director;
Provided that the Director shall not refuse permission if the change is for the purpose of agriculture;
(b) no local authority or any officer or other authority shall, not withstanding anything contained in any other law for the time being in force, grant permission for the change in use of land otherwise than as indicated in the existing land use map without the permission in writing of the Director;
[(c) no Registrar or the Sub-Registrar, appointed under the Indian Registration Act, 1908, shall, in any planning area constituted under section 13, register any deed or document of transfer of any sub-division of land by way of sale, gift, exchange, lease or mortgage with possession, unless the sub-division of land is duly approved by the Director, subject to such rules as may be framed in this behalf by the State Government:]
Provided that the Registrar or the Sub-Registrar may register any transfer,-
(i) where the land is owned by a person and the transfer is made without involving any further divisions;
(ii) where the partition/sub-division of land is made in a Joint Hindu Family;
(iii) where the lease is made in relation to a part or whole of a building;
(iv) where the mortgage is made for procuring the loans for construction or improvements over the land either from the Government or from any other financial institution constituted or established under any law for the time being in force or recognised by the State Government.
17. Interim development plans. - As soon as may be, after the declaration of a planning area, the Director shall, within such time as may be necessary, prepare, after consultation with local authorities concerned, if any, and submit to the State Government an interim development plan for the planning area or any of its parts and such other area or areas contiguous or adjacent to the planning areas as the State Government may direct to be included in the interim development plan.
(2) The interim development plan shall-
(a) indicate broadly the land use proposed in the planning area;
(b) allocate broadly areas or sector of land for-
(i) residential, industrial, commercial or agricultural purposes,
(ii) open spaces, parks and gardens, green belts, zoological gardens and play-grounds,
(iii) public institutions and offices,
(iv) such special purposes as the Director may deem fit;
(c) lay down the pattern of National and State Highways connecting the planning area with the rest of the region, ring roads, arterial roads and the major roads within the planning areas;
(d) provide for the location of airports, railway stations, bus termini and indicate the proposed extension and development of railways and canals;
(e) make proposals for general land scaping and preservation of natural areas;
(f) project the requirement of the planning area of such amenities and utilities as water, drainage, electricity and suggest their fulfilment;
(g) propose broad based regulations for sectoral development, by way of guide-lines, within each sector of the location, height, size of buildings and structures, open spaces, court-yards and the use to which such buildings and structures and land may be put;
(h) lay down the board-based traffic circulation patterns in a city;
(i) suggest architectural control features, elevation and frontage of buildings and structures;
(j) indicate measures for flood control, prevention of air and water pollution, disposal of garbage and general environmental control.
(3) Subject to provisions of the rules made under this Act for regulating the form and contents of the interim development plan any such plan shall include such maps and such descriptive matter as may be necessary to explain and illustrate the proposals in the interim development plan.
(4) As soon as may be, after the submission of the interim development plan, under sub-section (1) the State Government may either approve the interim development plan or may approve it with such modification as it may consider necessary.
(5) The State Government shall publish the interim development plan as approved under sub-section (4) in the Official Gazette. The interim development plan shall come into operation from the date of its publication in the Official Gazette and shall be binding on all local authorities functioning within the planning areas.
18. Development plan. - A development plan shall -
(a) indicate broadly the land use proposed in the planning areas;
(b) allocate broadly areas or sector of land for,-
(c) lay down the pattern of National and State Highways connecting the planning area with the rest of the region, ring roads, arterial roads, and the major roads within the planning area;
(d) provide for the location of airports, railway stations, bus termini and indicate the proposed extension and development of railways;
(g) propose broad-based regulations for sectoral development, by way of guide-line, within each sector of the location, height, size of buildings and structures, open spaces, court-yards and the use to which such buildings and structures and land may be put;
(h) lay down the broad-based traffic circulation patterns in a city;
19. Publication of draft development plan. - (1) The Director shall forthwith publish the draft development plan prepared under section 18 in such manner as may be prescribed together with a notice of the preparation of the draft development plan and the place or places where the copies may be inspected, inviting objections and suggestions in writing from any person with respect thereto, within thirty days from the date of publication of such notice Such notice shall specify in regard to the draff development plan the following particulars, namely:-
(i) the existing land use maps;
(ii) a narrative report, supported by maps and charts, explaining the provisions of the draft development plan;
(iii) the phasing of implementation of the draft development plan as suggested by the Director,
(iv) the provisions for enforcing the draft development plan and stating the manner in which permission to development may be obtained;
(v) an approximate estimate of the cost of land acquisition for public purposes and the cost of works involved in the implementation of the plan.
(2) The Director shall, not later than ninety days after the date of expiry of the notice period under sub-section (1), consider all the objections and suggestions as may be received within the period specified in the notice under sub-section (1)and shall, after giving reasonable opportunity to all persons affected thereby of being heard, make such modifications in the draft development plans as he may consider necessary, and submit, not later than six months after the publication of the draft development plan, the plan so modified, to the State Government for approval together with all connected documents, plans, maps and charts.
20. Sanction of development plans. - (1) As soon as may be after the submission of the development plan under section 19 the State Government may either approve the development plan or may approve it with such modifications as it may consider necessary or may return it to the Director to modify the same or to prepare a fresh plan in accordance with such directions as it may issue in this behalf.
(2) Where the State Government approves the development plan with modifications, the State Government shall, by a notice, published in the Official Gazette, invite objections and suggestions in respect of such modifications within a period of not less than thirty days from the date of publication of the notice in the Official Gazette.
(3) After considering objections and suggestions and after giving a hearing to the persons desirous of being heard the State Government may confirm the modification in the development plan.
(4) The State Government shall publish the development plan as approved, under the foregoing provisions in the Official Gazette and shall along with the plan publish a public notice, in such manner as may be prescribed, of the approval of the development plan and the place or places where the copies of the approved development plan may be inspected.
(5) The development plan shall come into operation from the date of publication thereof in the Official Gazette and as from such date shall be binding on all Development Authorities constituted under this Act and all local authorities functioning within the planning area.
(6) After the coming into operation of the development plan, the interim development plan shall stand modified or altered to the extent the proposals in the development plan are at variance with the interim development plan.
Sectoral Plan
21. Director to prepare sectoral plan. - The Director may, on his own motion, at any time after the publication of the development plan, or thereafter if so required by the State Government shall, within six months of such requisition, prepare a sectoral plan.
22. Contents of sectoral plan. - (1) The sectoral plan shall enlarge the details of land use as indicated in the development plan and shall -
(a) indicate the land liable to acquisition for public purpose or the purposes of the Union Government, the State Government, the Town and Country Development Authority, the Special Area Development Authority, the local authority or any other authority established by or under any enactment for the time being in force.
Provided that no land shall be so designated unless the acquisition proceedings are likely to be completed within ten years of the preparation of the plan;
(b) define in detail and provide for areas reserved for agriculture, public and semi-public open spaces, parks, playgrounds, gardens, recreational areas, green belts and natural reserves;
(c) allocate in detail areas or sectors for residential, commercial, industrial, agricultural and other purposes;
(d) define and provide for the complete road and street pattern for the present and in the future and indicate the traffic circulation;
(e) lay down in detail the projected road and street improvement;
(f) indicate and provide for areas reserved for public buildings, institutions and civic developments;
(g) assess, make projections for and provide for the future requirements of amenities, services and utilities such as municipal, transport, electricity, water and drainage;
(h) prescribe in detail the sectoral regulations for each sector, with a view to facilitating on individual layout and regulating the location, height, number of storeys and the size of buildings and other structures, the size of the court-yards, courts and other open spaces and the use of the buildings, structures and land;
(i) define areas which have been badly laid out or areas which have developed so as to form slums, and provide for their proper development and/or relocation;
(j) designate areas for future development and expansion;
(k) indicate the phasing of the programme of development.
(2) The sectoral plan may and if possible shall, indicate -
(a) control over architectural features; elevation and frontage of buildings and structures; and
(b) the details of development of specific areas for housing, shopping centres, industrial areas, educational and cultural institutions and civic centres.
23. Provisions of sections 19 and 20 to apply to sectoral plan. - The provisions of sections 19 and 20 shall apply for the preparation, publication, approval and operation of sectoral plan as they apply in respect of the development plan.
24. Review of development plan and sectoral plan. - The Director may on his own motion or if so required by the State Government shall, at any time after the sectoral plan has come into operation, undertake a review and evaluation of the development plan and sectoral plan.
(2) The foregoing provisions of sections 19, 20 and 23 shall, so far as may be apply to the modification under sub-section (1) as those provisions apply in relation to the preparation, publication and approval of a development plan or a sectoral plan.
Control of Development And Use of Land
25. Director to control land use. - The overall control of development and the use of land in the planning area shall, as from the date of publication in the Official Gazette of a notification by the State Government, vest in the Director.
26. Conformity with development plan. - (1) After coming into force of the development plan, the use and development of land shall conform to the provisions of the development plan:
Provided that the Director may, at his discretion, permit the continued use of land for the purpose for which it was being used at the time of the coming into Operation of the development plan.
Provided further that such permission shall not be granted for a period exceeding seven years from the date of coming into operation of the development plan.
27. Prohibition of development without permission. - After coming into operation of the development plan, no person shall change the use of any land or carry out any development of land without the permission in writing of the Director.
Provided that no such permission shall be necessary -
(a) for carrying out works for the maintenance, repair or alteration of any building which does not materially alter the external appearance of the building;
(b) for carrying out work for the improvement or maintenance of a highway, road or public street by the Union or State Government or an authority established under this Act or by a local authority having jurisdiction, provided that such maintenance or improvement does not change the road alignment contrary to the provisions of the development plan;
(c) for the purpose of inspecting, repairing or renewing any drain, sewers, mains, pipes, cables, telephone or other apparatus including the breaking open of any street or other land for that purpose;
(d) for the excavation or soil shaping in the interest of agriculture;
(e) for restoration of land to its normal use where land has been used temporarily for any other purposes.
(f) for use for any purpose incidental to the use of building for human habitation, or any other building or land attached to such buildings;
(g) for the construction of a road intended to give access to land solely for agricultural purposes
28. Development undertaken on behalf of Union or State Government. - (1) When the Union Government or the State Government intends to carry out development of any land for the purpose of its departments or offices or authorities, the officer-in-charge thereof shall inform in writing to the Director the intention of the Government to do so, giving full particulars thereof, accompanied by such documents and plans as may be prescribed at least thirty days before undertaking such development.
(2) Where the Director raises any objection to the proposed development on the ground that the development is not in conformity with the provisions of the development plan, the officer shall,-
(i) make necessary modification in the proposals for development to meet the objections raised by the Director, or
(ii) submit the proposal for development together with the objections raised by the Director to the State Government for decision:
Provided that where no modification is proposed by the Director within thirty days of the receipt of the proposed plan by the Government, the plan will be presumed to have been approved.
(3) The State Government, on receipt of the proposals for development together with the objections of the Director shall, approve the proposals with or without modifications or direct the officer to make such modifications in the proposals as it considers necessary in the circumstances.
(4) The decision of the State Government under sub-section (3) shall be final and binding.
29. Development by local authority or by any authority constituted under this Act. - Where a local authority or any authority specially constituted under this Act intends to carry out development on any land for the purpose of that authority, the procedure applicable to the Union or State Government, under section 28 shall, mutatis' mutandis, apply in respect of such authority.
30. Application for permission for development by others. - (1) Any person, not being the Union Government, State Government, a local authority or a special authority constituted under this Act intending to carry out any development on any land, shall make an application in writing to the Director for permission, in such form and containing such particulars and accompanied by such documents as may be prescribed.
(2) Such application shall also be accompanied by such fee as may be prescribed.
[30A. Exemption from development permission in rural areas falling within Planning or Special Area. - (1) Any person who owns land in rural areas, falling within Planning or Special Areas wherein neither Interim Development Plan nor Development Plan has been notified, shall be exempted from permission under this Act for the following development activities up to the limits as may be prescribed: -
(i) Residential activities such as farm-houses and residential houses up to three storeys, cattle shed, toilet, septic tank, kitchen, store, parking shed or garage and rain shelter;
(ii) Commercial activities such as basic commercial activities like shops of general merchandise, cobbler, barber, tailoring, fruit, vegetable, tea or sweet, eating places and dhabas, chemist and farm produce sale depot;
(iii) Service Industries such as cottage or house-hold, service industries like carpentry, knitting, weaving, blacksmith, goldsmith, atta-chakki with capacity up to five horse-power, water mill, agriculture equipments or machinery repair, electrical, electronic and house-hold appliances;
(iv) Public amenities such as public amenities like panchayat offices, schools, mahila mandals, yuvak mandals, community halls, post offices, dispensaries and clinics (including health, veterinary and Indian System of Medicines) information technology kiosks, patwar khanas, guard huts, anganwaries, electricity and telephone installations and connections, roads and paths, ropeways, water tanks, rain harvesting tanks, overhead or underground water tan.

Question: Who is responsible for carrying out the functions assigned under the act?
Answer: The Director of Town and Country Planning is responsible for carrying out the functions assigned under the act.