Maharashtra Regional and Town Plan Act, 1966 - Karmayog .org
Maharashtra Regional and Town Plan Act, 1966 - Karmayog .org Maharashtra Regional and Town Plan Act, 1966 - Karmayog .org
(b) remove any mark or boundary stone set up for the purpose of indicating any level or direction necessary to the execution of any development authorised under this Act. he shall on conviction, [be, punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees or with both]. These words were substituted for the words "be punished with fine which may extend to two hundred rupees or with imprisonment for a term which may extend to two months", by Mah. 31 of 1983, s. 7. *Now see Code of Criminal Procedure, 1973 (2 of 1974). Sanction of prosecution. 142. No prosecution for any offence punishable under this Act or rules made thereunder shall be instituted or no prosecution instituted shall be withdrawn, except with the previous sanction of the Regional Board, Planning Authority, or as the case may be, a Development Authority or any officer authorised by such Board or Authority in this behalf. Compounding Offences. 143. (1) The Regional Board or Planning Authority or Development Authority of concerned or any person authorised in this behalf by general or special order may either before or after the situation of the proceedings compound any offence made punishable by or under this Act or rules made thereunder. (2) When an offence has been compounded, the offender, if in custody, shall be discharged: and no further proceedings shall be taken against him in respect of the offence compounded. Jurisdiction of courts. 144. No court inferior to that of a judicial magistrate of the first class shall try of courts, an offence punishable under this Act. Magistrate's power to impose enhanced penalties. 145. Notwithstanding anything contained in section 32 of the *Code of Criminal Procedure, 1898, it shall be lawful for any Presidency Magistrate or Magistrate of the First Class to pass any sentence authorised by this Act in excess of its power penalties, under the said section. Members and officers to be public servants. 146. Every member and every officer and other employee of a Regional Board or Panning Authority or Development Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. Protection of action taken in good faith.
147. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rules or regulations made thereunder. Registration of documents, plan or map in connection with final plan for scheme not required. 148. (1) Nothing in the Indian Registration Act, 1908, shall be deemed to Registration require the registration of any document, plan or map prepared, made or sanctioned in connection with a final Regional plan or final Development plan or final town planning scheme which has come into force, (2) All such documents, plans and maps shall, for the purposes of sections 48 and 49 of the Indian Registration Act, 1908, be deemed to have been and to be registered in accordance with the provisions of that Act ; Provided that, documents, plans and maps relating to the sanctioned plan or scheme shall be accessible to the public in the manner prescribed. Finality of orders. 149. Save as otherwise expressly provided in this Act, every order passed or direction issued by the State Government or order passed or notice issued by any Regional Board, Planning Authority or Development Authority under this Act shall be final and shall not be questioned in any suit or other legal proceedings. Validation of acts and proceedings. 150. (1) No act done or proceeding taken under this Act, shall be questioned on the ground merely of- (a) the existence of any vacancy in, or any defect in the constitution of a Regional Board, Planning Authority or Development Authority; (b) any person having ceased to be a member; (c) any person associated with a Regional Board, under section 10 having voted in contravention of the said section; (d) the failure to serve a notice on any person, where, no substantial injustice has resulted from such failure; or (e) any ommission, defect or irregularity not affecting the merits of the case. (2) Every meeting of a Regional Board, Planning Authority or [Development Authority, constituted under sub-section (2) of section 113], the minutes of the proceedings of which have been duly signed as prescribed shall, be taken to have been duly convened and to be free from all defects and irregularity. This portion was substituted for the words "Development Authoruty" by Mah. 21 of 1971, s. 15. Power to delegate.
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147. No suit, prosecution or other legal proceeding shall lie against any person for<br />
anything which is in good faith done or intended to be done under this <strong>Act</strong> or any rules<br />
or regulations made thereunder.<br />
Registration of documents, plan or map in connection with final plan for scheme<br />
not required.<br />
148. (1) Nothing in the Indian Registration <strong>Act</strong>, 1908, shall be deemed to Registration<br />
require the registration of any document, plan or map prepared, made or sanctioned in<br />
connection with a final <strong>Regional</strong> plan or final Development plan or final town planning<br />
scheme which has come into force,<br />
(2) All such documents, plans <strong>and</strong> maps shall, for the purposes of sections 48 <strong>and</strong> 49<br />
of the Indian Registration <strong>Act</strong>, 1908, be deemed to have been <strong>and</strong> to be registered in<br />
accordance with the provisions of that <strong>Act</strong> ;<br />
Provided that, documents, plans <strong>and</strong> maps relating to the sanctioned plan or scheme<br />
shall be accessible to the public in the manner prescribed.<br />
Finality of orders.<br />
149. Save as otherwise expressly provided in this <strong>Act</strong>, every order passed or direction<br />
issued by the State Government or order passed or notice issued by any <strong>Regional</strong> Board,<br />
<strong>Plan</strong>ning Authority or Development Authority under this <strong>Act</strong> shall be final <strong>and</strong> shall not<br />
be questioned in any suit or other legal proceedings.<br />
Validation of acts <strong>and</strong> proceedings.<br />
150. (1) No act done or proceeding taken under this <strong>Act</strong>, shall be questioned on the<br />
ground merely of-<br />
(a) the existence of any vacancy in, or any defect in the constitution of a <strong>Regional</strong><br />
Board, <strong>Plan</strong>ning Authority or Development Authority;<br />
(b) any person having ceased to be a member;<br />
(c) any person associated with a <strong>Regional</strong> Board, under section 10 having voted in<br />
contravention of the said section;<br />
(d) the failure to serve a notice on any person, where, no substantial injustice has<br />
resulted from such failure; or<br />
(e) any ommission, defect or irregularity not affecting the merits of the case.<br />
(2) Every meeting of a <strong>Regional</strong> Board, <strong>Plan</strong>ning Authority or [Development Authority, constituted under sub-section (2) of section<br />
113], the minutes of the proceedings of which have been duly signed as prescribed shall,<br />
be taken to have been duly convened <strong>and</strong> to be free from all defects <strong>and</strong> irregularity.<br />
This portion was substituted for the words "Development<br />
Authoruty" by Mah. 21 of 1971, s. 15.<br />
Power to delegate.
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