The TRIPURA URBAN PLANNING AND DEVELOPMENT ACT, 2018

tripura · 2018

The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.

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S. 2Definitions:- In this Act, unless the context otherwise requires- i
S. 3The section allows the Appellate Authority to modify conditions of granted permissions and makes its decisions final.
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S. 6If a member of the Board nominated under clause (b) of sub-section (i) of Section 4- a
S. 7Section allows State Government to remove a nominated member from planning board for misconduct or incompetence after due process.
S. 8Section allows nominated board members to resign by giving written notice to the State Government.
S. 9The section outlines how vacancies in member positions are filled by the State Government as per specific clauses.
S. 10The Board shall have its Headquarter at such as may be notified by the State Government from time to time
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S. 12Section 12 assigns the Member-Secretary to manage Board operations, validate decisions, and perform other assigned duties.
S. 13The section allows the State Government to provide necessary staff to the Board for executing its functions under the Act.
S. 14Section 14 outlines the Board's role to advise the State Government on urban planning and development matters.
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S. 16Section 16 allows the Board to appoint committees to help efficiently carry out its duties.
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S. 19The State Government may remove from office any member of the Authority- i
S. 20Section 20 appoints a new Chairman, Vice-chairman, Commissioner, or member when a vacancy occurs in the Tripura Urban Planning and Development Authority.
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S. 22Section 22 designates the commissioner as the chief executive of the planning authority, responsible for managing its operations and authenticating its orders.
S. 23Section 23 allows the Authority to form an Executive Committee to efficiently manage planning, maintenance, and development projects.
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S. 25No act done or proceedings taken under this Act shall be questioned merely on the ground of- a
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S. 27Section prohibits individuals with prior contracts or employment ties with the Authority from becoming its officers or employees.
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S. 35Section 35 assigns maintenance of developed infrastructure to local municipal authorities or other entities as agreed or decided by the State Government.
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S. 37Section 37 mandates the authority to provide the State Government with any required reports, records, and information.
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S. 43Section 43 allows the Estate Officer to assess and recover damages for unauthorized occupation of Authority premises as land revenue.
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S. 45i) The Authority shall have and maintain its own fund to which shall be credited- a
S. 46The State Government can provide grants, advances, and loans to the Authority for its functions under the Act, with terms set by the government.
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S. 48Section mandates the Authority to maintain proper accounts and prepare an annual financial statement as prescribed.
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S. 51Section 51 establishes a provident fund for the Authority's full-time members, officers, and employees.
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S. 53Section 53 designates a Planning Agency, either private or government, for a planning area or new township.
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S. 56Section 56 allows the State Government to set the contribution amount for expenses incurred by the Authority agency in planning areas.
S. 57Section mandates the State Government to conduct surveys and prepare maps for regional planning and development.
S. 58Section 58 outlines the contents and objectives of a Regional Plan for land use, development, and infrastructure in Tripura's planning area.
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S. 61Section 61 allows the Authority to make minor changes to the Regional Plan with state approval, provided they are in public interest.
S. 62Section allows State Government to revise Regional Plan after five years, directing the Authority to undertake revision.
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S. 65Section penalizes violations of specific planning provisions with imprisonment, fines, or both.
S. 66Section 66 mandates the preparation and approval of a Master Plan for urban areas, detailing land use, zoning, infrastructure, and regulations.
S. 67Section 67 states that the Master Plan for Tripura's urban planning becomes effective from its publication date.
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S. 69Section allows the Designated Planning Agency to amend the Master Plan for minor errors, subject to State Government approval and public notification.
S. 70Section 70 mandates the Designated Planning Agency to prepare a Master Plan for a new town after its designation.
S. 71Section 71 prohibits land use or development contrary to the Master Plan, allowing temporary exceptions for existing uses.
S. 72Section 72 prohibits land development or use changes in planned areas without ULB or Authority permission and development charge payment.
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S. 75Section 75 states that urban planning permissions granted under section 72 lapse if unused within three years.
S. 76Section 76 allows aggrieved parties to request land acquisition by the State Government if development is deemed unfeasible.
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S. 80Section 80 allows authorities to stop and penalize unauthorized land development and building activities, with fines and imprisonment for non-compliance.
S. 81Section 81 allows urban planning authorities to require discontinuance, impose conditions, or mandate alterations/removals for proper planning, with appeal and compensation provisions.
S. 82Section 82 allows the Authority to cancel urban planning permissions granted due to fraud and treats unauthorized developments as illegal.
S. 83Section 83 authorizes the Authority to create town development schemes for urban planning, redevelopment, and amenities in designated areas.
S. 84Section 84 outlines the process for the Authority to declare and publish its intention to create a scheme for a planning area.
S. 85Section 85 outlines the process for the Authority to draft and publish urban planning schemes, requiring local authority consent and addressing objections.
S. 86Section allows the Authority to include additional areas in a draft scheme before submission to the State Government.
S. 87The State Government can direct an Authority to draft a scheme for land or appoint an officer if the Authority fails to act within ninety days.
S. 88Section 88 outlines procedures for re-constituting plots to ensure suitability for building and compliance with scheme provisions.
S. 89Section 89 mandates compensation for buildings or areas repurposed under section 66, considering the time allowed for change.
S. 90Section 90 outlines the process for the Authority to submit draft schemes to the State Government for approval and public inspection.
S. 91Section 91 prohibits unauthorized land use changes or development within a scheme area until the Authority grants permission.
S. 92Section 92 allows the State Government to suspend certain laws for scheme implementation.
S. 93Section 93 allows the State Government to appoint a committee to resolve land ownership disputes before finalizing urban planning schemes.
S. 94Section 94 mandates the State Government to appoint and manage an Expert Committee to arbitrate and define urban planning schemes.
S. 95Section 95 makes Expert Committee decisions final and binding except for specific listed exceptions.
S. 96Section 96 allows aggrieved parties to appeal Expert Committee decisions to the Tribunal of Appeal within 60 days.
S. 97(i) The Tribunal of Appeal shall consist of a Chairperson and Two members
S. 98The Expert Committee can advise the Tribunal of Appeal but is not required to testify.
S. 99Section 99 allows the Tribunal of Appeal to convene at the State Headquarters or any other location designated by the State Government.
S. 100All the matters shall be decided by the Tribunal by majority
S. 101Section 101 establishes the Tribunal of Appeal's authority to decide and modify urban planning proposals and makes its decisions final and binding.
S. 102Nothing contained in this Act shall be deemed to constitute the Tribunal of Appeal to be a court
S. 103Section 103 outlines the remuneration and allowances for the Chairperson and members of the Tribunal of Appeal, and their funding.
S. 104Section 104 finalizes decisions of the Expert Committee and outlines the Tribunal of Appeal's role in scheme variations.
S. 105Section 105 allows the State Government to approve or modify urban planning schemes within 120 days and specify when they take effect.
S. 106Section 106 allows the State Government to withdraw a final scheme before sanctioning it, after considering objections.
S. 107Section 107 vests land in the Authority, terminates rights in reconstituted plots, and transfers possession to allotted owners.
S. 108Section 108 allows the Authority to evict unauthorized occupants and empowers the District Magistrate to assist in enforcement.
S. 109Section 109 authorizes the Authority to remove or alter non-compliant structures and execute required works, with expenses recoverable from defaulters.
S. 110Section 110 allows the Authority to request the State Government to amend the final scheme for minor corrections, with public inspection and objection period.
S. 111Section 111 allows a scheme to be modified at any time by a subsequent scheme, with applicable provisions applying to the variation.
S. 112Section 112 allows the State Government to make the Authority or scheme owners bear scheme costs if withdrawn or refused.
S. 113Section 113 allows parties in arbitration or appeal proceedings to appear in person or through a written-authorized agent.
S. 114Section 114 allows appointed officers to summon witnesses and compel evidence and document production like a civil court.
S. 115Section 115 defines the cost components for urban planning schemes under the Tripura Urban Planning and Development Act, 2018.
S. 116Section 116 determines the increment in plot value due to planned urban improvements, excluding existing structures.
S. 117Section 117 outlines how costs for urban planning schemes are covered, primarily through development charges or contributions from plot owners.
S. 118Section 118 adjusts the contribution based on the difference in value between original and re-constituted plots in urban planning schemes.
S. 119Section 119 allows transfer of rights in original plots to re-constituted plots, except for agricultural leases needing all party consent.
S. 120Section 120 provides compensation to property owners adversely affected by urban planning schemes within 60 days of notice.
S. 121Section 121 exempts from compensation any property or right not compensable under other applicable laws.
S. 122Section 122 compensates plot owners for net losses if they don't receive a re-constituted plot or face reduced contributions.
S. 123Section 123 outlines the process for the Authority to recover excess payments and acquire defaulter plots in urban planning schemes.
S. 124Section 124 allows payments by the Authority to be adjusted against the person's account with the Authority for plots they own.
S. 125Section 125 details payment options for reconstituted plot owners, including lumpsum or installment payments with applicable interest.
S. 126Section 126 allows an authority to make agreements for urban planning schemes, subject to state modification, with binding effects on parties.
S. 127Section 127 ensures due sums to the Authority are a first charge on plots, unrecovered sums are recoverable as land revenue arrears, and disputes are decided by a final Tribunal of Appeal.
S. 128Section 128 allows the Authority to use any remaining funds after scheme costs to provide additional amenities in the scheme area.
S. 129Section 129 mandates the Authority to complete urban planning works within specified time, with possible extensions or State Government intervention if deadlines are missed.
S. 130Section penalizes willful destruction or removal of boundary stones, with fines for restoration costs.
S. 131Section 131 allows the Authority to levy development charges to recover costs of amenities and for land or building changes.
S. 132Section 132 outlines the process for the Expert Committee to assess and recover development charges for urban planning amenities.
S. 133Section 133 allows the Authority to levy a betterment charge on increased land value due to executed urban planning schemes, up to one-third of the increase, excluding government-controlled land.
S. 134Section 134 allows appeals against Expert Committee orders to a Tribunal of Appeal, which can confirm, modify, or set aside the order, and its decision is final.
S. 135Section 135 authorizes the Authority to inspect and survey private lands for compliance with the Tripura Urban Planning and Development Act.
S. 136Section 136 penalizes obstruction or molestation of authorized officials with up to six months imprisonment or a fine of up to ₹5,000.
S. 137Section 137 penalizes violations of planning rules with fines and property forfeiture, and mandates building alterations or demolitions for non-compliance.
S. 138Section 138 imposes up to six months' imprisonment or a fine of up to ₹25,000 for violating the Tripura Urban Planning and Development Act, 2018 without a specified penalty.
S. 139Section 139 holds company officers liable for offenses committed by the company, unless they prove lack of knowledge or due diligence.
S. 140Section 140 holds department heads liable for offenses committed by their departments unless they prove lack of knowledge or due diligence.
S. 141Section 141 allows the state government to extend amenities to nearby lands, with owners paying a development charge.
S. 142Section 142 deems members and staff of planning authorities as public servants under the Indian Penal Code.
S. 143No court inferior to that of a Judicial Magistrate of the first class shall try an offence punishable under this Act
S. 144Section 144 requires prior approval from the Authority or Competent Authority for prosecuting offenses under the Tripura Urban Planning and Development Act, 2018.
S. 145Section 145 specifies the methods for serving notices and documents under the Tripura Urban Planning and Development Act, 2018.
S. 146Section 146 mandates that any notice or order under the Act must specify a reasonable time for actions not otherwise timed.
S. 147Section 147 grants the Authority power to issue permissions and fees for township projects, building permits, and fines for non-compliance.
S. 148Section 148 exempts Master Plans and town development schemes from registration under the Registration Act, 1908.
S. 149Certified copies of documents held by the Authority are admissible as evidence in court, equivalent to the originals.
S. 150Section 150 protects Authority members from being compelled to testify or produce documents in unrelated proceedings unless a court orders it for special reasons.
S. 151Section 151 protects the State Government, Authority, and authorized officers from legal actions for good faith actions under the Act.
S. 152Section 152 mandates police officers to promptly report offenses against the Act and assist Authority officials in exercising their powers.
S. 153Section 153 allows sub-Inspectors to arrest individuals for offenses under the Act if they refuse to provide true identification.
S. 154Section 154 makes decisions by the State Government and authorities under the Act final and non-questionable in legal proceedings.
S. 155Section 155 allows the Authority and State Government to delegate certain powers to specific officers under specified conditions.
S. 156Section 156 allows the State Government to assume the Authority's powers or duties if deemed incompetent.
S. 157The section allows the State Government to modify the Act for up to two years and requires legislative review.
S. 158(i) Nothing in this Act shall apply to the operational constructions
S. 159Section 159 prioritizes the Tripura Urban Planning Act over other laws for development permissions.
S. 160Section 160 allows the State Government to create rules for the Act and mandates laying these rules before the State legislature for fourteen days for approval or modification.
S. 161Section 161 allows the Board to create regulations to implement the Act's purposes and manage its procedures and functions.
S. 162Section 162 allows the Authority to create regulations for its proper functioning under the Act.
S. 163Repeals the Tripura Town and Country Planning Act, 1975, but preserves actions taken under it as valid under the new act.