(1) Every person oi body (including a department of Government or the Admmistration) desiring io -obtain the permission referred to in sub-section (2) of section 11 shall make an application in wriimg io the Town Planner in such from and containing such particulars in respect of the development to which the application relates as may be prescribed.
(2) Every application under sub-section (1) shall be accompanied by snch tee as niay be prescribed:
Provided thai no such fee shall be necessary in 'he case of an application made by a department of the Government or of the Administration.
(') On the receipt of an application for permission under sub-section
(2), the Town Planner shall issue an acknowledgement of receipt of such applicaiion and afier making such inquiry as he considers necessary ^hsll, by order in writing, either grant the permission, subject to such condiiions, if any, ;:s may be specified in the order or refuse to grant such permission:
Provded that before making an order refusing such permission, (he applicant shall be given a reasonable opportunity to show cause why the permission should not be refused.
(4) Where a permission is refused, the grounds of such refusal shall be recorded in writing and communicaied to the applicant in the manner prescribed.
(?) If the Town Planner does not communicate his order to the applicant within six months from the date of acknowledgement of receipt of ihe application under sub-section (1), such permission shal be deemed Stc. 1] 1HE GAZETTE OF INDIA 1-X I K UJRDINARl' 7 to have been granted to the applicant on the expiry of the said period of six months.
(6) The Town Planner shall keep in such form as may be prescribed a register of applications for permission under this section.
(7) The said register shall contain such pariiculars including information as to the manner in which applications for permission have been dealt with as may be prescribed and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee not exceeding rupees twenty as may be prescribed.
(8) Where permission is lefused under ihis sedion 'he applicant or any person claiming through him shall nor be entitled to gei refund of the fee paid on the applicalion for permission.
13. ttvery permission for any development granted under this Regulation shall remain in foice for ihrce years from the da'e of such permission:
Provided that the Town Planner may, on application made in ihis behalf before the expiry of the aforesaid period, ex'end such period, for such time as he may think proper so howeve"" ihnt the total perotl does not excoed six years:
Provided further that such lapse shall not b^r any subsequent Rpr-ijnation for fresh permission under rhis Regulation.
1 .apse of peinmsion.
14. Land needed foJ implementing a masier plan notified shall be deemed m be land needed for a public purpose.
Land for implementing master plan to be deemed tobefor a public purpose
CHAPTER V SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS
15. The Town Planner may authotise any person in writing io enter into or upon any land or building wiihin a development area with or without assistants or workmen for the purpose of—
(a) mi'Jrng any enquiry, inspection, measuremeni or survey OT taking levels of such land or building;
(b) examining works under construdion and ascertaining the course of sewers and drains;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and intended lines of work;
(e) making such levels, boundaries and lines by placing marks and cutting trenches;
Powers of entry.
8 Till' GAZfTTE- OF INDIA EXTRAORDINARY [_V\RT II —
(f) ascertaining whether any land is being or has been developed in contravention of the master plan or without the permission referred to in section 11 or in contravention of any condition subject to which such permission has been granted; or
(g) doing any other thing necessary for the efficient administration of this Regulation:
Provided that—
(t) av :>uch entry shall be made except between iha lioius of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building/;
(h) sufficient opportunity shall in every instance be given to enable women If any to withdraw from such land or bulling;
(XM) due regard shall always be had, so fat- 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 budding entered.
Penalties.