Panchayat:Repo18/Law Manual Page1104

(12) The provisions specified under Section 63 shall continue to be in operation until the Master Plan is sanctioned, even if the time limit prescribed under sub-sections (2) to (8) are not complied with:

Provided that in cases where a sanctioned Master Plan already exists, its provisions shall only apply until the published Master Plan is sanctioned in accordance with this Act.

37. Procedure for preparation and sanctioning of Execution Plan.-(1) A Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall, taking into account the Master Plan for the local planning area or part thereof shall prepare Execution Plan for the first five years along with the preparation of the Master Plan but not later than four months thereafter from the date of sanction of the Master Plan for the local planning area or part thereof by the Government under sub-section (8) of Section 36 and shall forward to the District Planning Committee or the Metropolitan Planning Committee, as the case may be, for sanction:

Provided that the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall prepare the Execution Plan, even if the draft Master Plan is prepared or got prepared by the Chief Town Planner under Clause (e) of Section 11.

(2) The District Planning Committee or the Metropolitan Planning Committee, may, in consultation with the Department of Town and Country Planning of the Government, within thirty days of the date of receipt of the Execution Plan forwarded to it under sub-section (1), and after ensuring that the Execution Plan is in conformity with the Master Plan and any other Plans under this Act, priorities and objectives set by the Government and the Government of India, sanction the same with or without modifications:

Provided that if the Execution Plan is returned for incorporating modifications, if any, suggested by the District Planning Committee or the Metropolitan Planning Committee, the modified plan shall be resubmitted within thirty days and the District Planning Committee or the Metropolitan Planning Committee may sanction the Plan as if the plan is submitted for sanction afresh.

(3) As soon as may be, after the Execution Plan for the local planning area or part thereof has been sanctioned by the District Planning Committee or the Metropolitan Planning Committee, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall publish the same in the website of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned.

(4) Immediately after the expiry of four years from the date of approval of the Execution Plan under sub-section (2), but not later than four months, thereafter, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall review such Plan and prepare a fresh Execution Plan for five years commencing from the date of expiry of such Plan in force after incorporating such modifications and amendments as may be considered necessary, and get it sanctioned under this Act.

(5) The District Planning Committee or the Metropolitan Planning Committee, as the case may be, shall have power to extend the time limit prescribed in sub-sections (2) and (4) above up to a period not exceeding four months, only once, based on the recommendation of the District Town Planner

38. Master Plans that are published but not sanctioned within the time limit prescribed.-Notwithstanding anything contained in this Act, in respect of any area for which a planned development is necessary and the published Plan is not sanctioned within the time limit prescribed, the Government may, after making such enquiry if it may deem necessary, in consultation with the Chief Town Planner and the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned require the Master Plan to be processed and sanctioned as provided for in this Act.