Udcpr 2020 Rules for Applicability of Other Regulations In Administration
Udcpr 2020 Rules Applicability Of Other Regulations In Administration
UDCPR Regulations apply to the building activities and development works on lands within the jurisdiction of 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, (1) Chikhaldara notified area (consisting Chikhaldara Hill Station M.C. & four villages) Ecosensitive / Eco-fragile region notified by MoEF & CC, and Lonavala Municipal Council in Maharashtra.
These Regulations shall also be applicable to the Town Planning Scheme area. However this will not bar the Development Permission to be granted as per the Regulations of the Town Planning Scheme intoto.
UDCPR RULE 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) dt. 6thJanuary, 2011 and No.G.S.R. 37(E), dated 18th 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 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.
UDCPR Rule 1.7 POWER TO PRESCRIBE THE PROFORMAS
(1) Notwithstanding anything contained in any Appendices / Proformas, provision in respective regulations shall prevail. The Authority, with the approval of 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.
UDCPR Rule 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, rate in the ASR shall be of the year of granting the permission.
UDCPR Rule 1.9 MEANINGS AS IN ACTS, RULES & 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) or the Maharashtra Municipal Corporations Act, 1949 or National Building Code, 2005, as amended from time to time, and the rules or bye-laws framed there under, 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 plural includes singular. The word “person” includes a corporation as well as an individual; “writing” includes printing, typing, 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 overall dimensions of the building.
- v) If any question or dispute arises with regard to 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 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 which are incorporated in 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 interpretation of any clause between English & Marathi versions of these Regulations, then the interpretation of English version shall prevail.
UDCPR Rule 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 years from the date of coming in to force of this Unified Development Control and Promotion Regulations.