Other Various Regulations of Administration in UDCPR 2020

Apr 05, 2024

UDCPR 2020 Chapter 1 is all about Administration as per mentioned in the UDCPR

This is Applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

Rule No. 1.6 Applicability of Other Regulations

i) CRZ Regulations—Any development within CRZ areas shall be governed by the Coastal Regulation Zone Notification No.S.O.19(E), dated 6 January 2011, and No.G.S.R. 37(E), dated 18 January 2019, as amended or replaced from time to time, wherever applicable.

ii) Restriction in Western Ghat Eco-Sensitive Area - The restrictions in the Western Ghat Eco-Sensitive Area imposed by the notification issued from time to time by the Ministry of Environment, Forest and Climate Change, Government of India, shall be followed.

iii) Other Regulations - Any other Restrictions imposed under the relevant regulations/Rules/Acts shall also be applicable, wherever applicable.

Rule No. 1.7 Power to Prescribe the Proformas

Notwithstanding anything contained in any Appendices/Proformas, provisions in respective regulations shall prevail. The Authority, with the approval of the Government, shall have the powers to prescribe proformas/appendices and/or make amendments in the contents of such proformas/Appendices A to M attached with these regulations.

Rule No. 1.8 Power to Decide Charges

The charges mentioned in these regulations for additional FSI, premium FSI, rate of interest, or for any other matter shall be subject to amendment by the Government from time to time. Wherever the rate of premium is to be decided based on rates mentioned in ASR, the rate in the ASR shall be of the year of granting the permission.

Rule No. 1.9 Meanings as in Acts, Rules, and Interpretations

i) Terms and expressions not defined in these regulations shall have the same meaning or sense as, in the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra Act No. XXXVII of 1966), the Maharashtra Municipal Corporations Act, 1949, or the National Building Code, 2005, as amended from time to time, and the rules or bye-laws framed thereunder, as the case may be, unless the context otherwise requires.

ii) The Maharashtra General Clauses Act, as amended from time to time, shall be applicable in case of standard terms and phrases as defined and interpreted therein.

iii) In these regulations, the use of the present tense includes the future tense, the masculine gender includes the feminine and neutral genders, the singular includes the plural and the plural includes the singular. The word "person" includes a corporation as well as an individual; "writing" includes printing, typing, and e-communication, and "signature" includes e-signature, digital signature, and thumb impression of a person unable to sign, provided that his name is written below such impression.

iv) Whenever sizes and dimensions of rooms and spaces within buildings are specified, they shall mean clear dimensions unless otherwise specified in these regulations. However, sizes and dimensions may not be disputed with reference to finished/unfinished surfaces unless they affect the overall dimensions of the building.

v) If any question or dispute arises with regard to the interpretation of any of these regulations the matter shall be referred to the State Government, who, after considering the matter and, if necessary, after giving a hearing to the parties, shall give a decision on the interpretation of the provisions of these regulations. The decision of the Government on the interpretation of these regulations shall be final and binding on the concerned party or parties.

vi) In the case of provisions of other Acts/Rules/Regulations that are incorporated into these regulations, the amendments made subsequently in parent Acts/Rules/Regulations will automatically be applicable, wherever applicable, to these regulations.

vii) If a Marathi version of these Regulations exists and if there is a conflict in the interpretation of any clause between the English and Marathi versions, then the interpretation of the English version shall prevail.

Rule No. 1.10 Removal of Difficulties

If any difficulty arises in giving effect to the provisions of this Unified Development Control and Promotion Regulations, the State Government may, by order published in the official Gazette, give such directions, as may appear to it to be necessary or expedient for the purpose of removing the difficulty.

Provided that, no such order shall be made after the expiry of a period of 1 year from the date of coming into force of this Unified Development Control and Promotion Regulations.