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Section 159: Power to make regulations.

The Maharashtra Regional and Town Planning Act, 1966.State Act of Maharashtra · Act 37 of 1966

[(1)] Any Regional Board, Planning Authority or Development Authority may, with the previous approval of the State Government, make regulations consistent with this Act and the rules made thereunder, to carry out the purposes of this Act, and without prejudice to the generality of this power,-

(i) a Regional Board or a Development Authority may make,-

(a) regulations subject to which it shall exercise powers and perform functions under this Act;

(b) regulations for regulating its procedure and the conduct of its business at its meeting ;

(c) regulation providing for any other matter which has to be or may be prescribed by regulations ;

(ii) a Planning Authority may make,-

(a) regulations prescribing the manner in which its order under sub-section (1) of section 45 shall be communicated to the applicant seeking permission under that section;

(b) regulations prescribing the time within which and the manner in which a notice shall be served on the State Government under sub-section (1) of section 49 ;

(c) regulations providing for any other matter which has to be or may be prescribed by regulations.

[(2) Subject to the provisions of this Act, the State Government may, by notification in the Official Gazette, make Special Development Control Regulations consistent with this Act and the rules made thereunder, for the purpose of implementing any Scheme, Project, Programme or Policy, of the Central or the State Government, in the whole or a part of the State.

(3) The State Government shall, before making such Regulations prepare a draft thereof and publish a notice in the Official Gazette stating the draft Regulations have been prepared. The notice shall state that the names of the places where a copy of such draft Regulations shall be available for inspection by the public at all reasonable hours mentioned therein and the copies thereof or any extract therefrom, certified to be correct, shall be available for sale to the public at a reasonable price; and invite objections and suggestions from any person with respect to the draft Regulations before such date as may be specified in the notice. The notice shall also be published in at least two newspapers having wide circulation in the area to which the Regulations are to be made applicable and also in such other manner as the State Government may think fit.

(4) After considering the objections and suggestions received by it, the State Government may approve such draft Regulations with modifications or without modifications, if any, as it may think fit, or decide not to approve the same and shall publish a notification in the Official Gazette stating that the Regulations have been approved with or without modifications or have not been approved, as the case may be.

In case the Regulations are approved, the notification shall specify therein the date on which the Regulations shall come into operation.

(5) Where Special Development Control Regulations are made, the provisions of such Regulations shall be in force in the area to which such Regulations are made applicable and the provisions of any plan or scheme applicable to and in force in such area or part thereof, prior to the date of coming into force of such Regulations under sub-section (4) shall, to the extent of the provisions contained in such Regulations, stand modified.]

Where this provision sits

ActThe Maharashtra Regional and Town Planning Act, 1966.
Section159
Marginal notePower to make regulations.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • renumbered, Mah. 22 of 2005. Section 159 was re-numbered as sub-section (1) thereof and after sub-section (1) as so re-numbered, sub-section (2) was added by Mah. 22 of 2005, s. 5.
  • substituted, Mah. 43 of 2014. Sub-section (2) was substituted by Mah. 43 of 2014, s. 17, w.e.f. 22-4-2015.

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