Inserted by Act 33 of 2021 (w.e.f. 25.02.2021). — ACT 9 OF 2016

1. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021). (c) plan documents with land use proposals, Plans for infrastructure development and development control regulations; and (d) priority action plan and implementation mechanism. 49D . P Procedure for preparation and sanctioning of Spatial plan for a Special Area.—(1) The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, at any time, by resolution, decide to prepare or get prepared or adopt with or without modifications. A Spatial plan for the area delineated as Special Area and shall notify the same in the website of the Local Self Government Institution concerned and in at least one newspaper having wide circulation in the area and such notification shall specify the boundaries of the Special Area and the purpose for which such plan is intended to be prepared. (2) The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall, within a period of six months from the date of notice in the newspaper, prepare or get prepared or adopt with or without modifications a draft Spatial plan for the Special Area, in consultation with the Local Self Government Department (Planning) of the Government and other Government departments and agencies concerned, and sanction the draft Plan and publish the draft Plan in the official website and the notice of publication in at least two newspapers having wide circulation in the local planning area (of which one shall be in the regional language) specifying the place or places where a copy thereof shall be available for inspection and also inviting objections and suggestions to be submitted within thirty days from the date of publication of notice in the newspaper. (3) Immediately after a Spatial plan for the Special Area is published under this Act, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall forward a copy of the published Plan to the District Planning Committee or Metropolitan Planning Committee, if any, and the District Planning Committee or the Metropolitan Planning Committee may, as far as possible, within twenty one days from the date of receipt of such Plan, communicate their remarks if any, on the plan to the Local Self Government Institution concerned and the Government. (4) After the expiry of the period allowed under sub-section (2) for filing objections and suggestions, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall consider the remarks of the Special Committee under section 32 of the Act, on all the objections and suggestions received and remarks, if any, of the District Planning Committee or Metropolitan Planning Committee, and make such modifications in the Spatial plan for the Special Area as it considers necessary within a period of thirty days from the time limit prescribed for receiving objections and suggestions under sub-section (2) and submit the Plan with or without modifications, together with all objections and suggestions in original, to Government for sanction through the Chief Town Planner: Provided that the Chief Town Planner shall forward such plan to the Government within fourteen days with remarks whether such plan is in accordance with the other Plans under this Act, and also with respect to any other matter pertaining to the Spatial plan for the Special Area. (5) The Government may, as far as possible, within twenty one days from the date of receipt of such Spatial plan for the Special Area, after considering remarks, if any, received from the District Planning Committee or the Metropolitan Planning Committee and remarks of the Chief Town Planner, either accord sanction with or without modifications or refuse such sanction specifying reasons thereof: Provided that if the Spatial plan for the Special Area is returned for incorporating modifications, if any, suggested by the Government, the modified Plan shall be resubmitted to Government for sanction within fifteen days from the date of receipt of the same as if it is submitted afresh under this Act: Provided further that in case modification of a draft Plan involves, inclusion or exclusion of any land from the special area or new restrictions or acquisition of any land not originally proposed to be acquired, the modified Plan shall be republished and processed for sanction under the provisions of this Act after inviting objections and suggestions: Provided also that the Government may extend the above time limits prescribed, as deemed necessary. (6) The Government may, by notification in the Official Gazette, require a Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat to prepare or get prepared a Spatial plan for a Special Area, such notification shall be deemed to be a decision taken through a resolution to prepare or get prepared a Spatial plan for a Special Area under sub-section (1) of section 49D and the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall proceed in accordance with sub-sections (2) to (5) . (7) A Spatial plan for a Special Area got prepared by the Government under subsection (3) of section 49B shall be published by the Government in the website and the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall publish the same in their official website, process and submit for sanction in accordance with sub-sections (2) to (5). (8) As soon as may be, after the Spatial plan for a Special Area has been sanctioned by the Government, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall forward a copy thereof to the District Planning Committee and Metropolitan Planning Committee, if any, and shall publish a notice regarding the sanction of the Spatial plan for the Special Area by the Government in at least one local newspaper, also stating the place or places where a copy thereof shall be available for reference or for sale. The Spatial plan for the Special Area as sanctioned by the Government or its extracts shall also be published in the website of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned.] CHAPTER VIII

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