he MRTP Act was enacted to ensure that the economic system’s operation does not result in the concentration of economic power in the hands of a few. An overview of the MRTP Act has been provided in this article, covering key characteristics, key clauses, and revisions that have been made throughout time. It was eventually abolished and replaced by the Competition Act of 2002, India’s first market regulation law.
The Monopolistic and Restrictive Trade Practices Legislation (MRTP) was implemented in 1969. This law was designed to ensure that the economic system’s operation does not result in the concentration of economic power in the hands of a few. Therefore, ensure that monopolies are controlled and that monopolistic and restrictive business practices are prohibited. Except for Jammu & Kashmir, the MRTP Act covers the whole country.
The MRTP Act was passed in 1969 to ensure that economic power was concentrated in the hands of a few wealthy individuals. The statute was put in place to prevent monopolistic and restrictive business practices. Except for Jammu and Kashmir, it covered all of India.
The act’s Goals and Objectives are as follows
To ensure that the economic system does not result in the concentration of economic power in the hands of a few wealthy individuals
To ensure that monopolies are controlled, and
To make it illegal to engage in monopolistic and restrictive commercial practices
The Act shall not apply to the following
Any venture that the government firm owns or controls
Any government-owned or controlled enterprise
Any undertaking owned or managed by a corporation (not one formed by or under any federal, provincial, or state law)
Any trade union or other group of workers or employees created to ensure their reasonable protection as workers or employees
Any industry-related activity whose administration has been taken over by a person or group of people with powers granted by the central government
Any business owned by a cooperative society created and registered by federal, provincial, or state law
Unfair Trade Practices
Unfair business practice Means a business practice that employs a dishonest or misleading practice to promote the sale, usage, or supply of products or services.
What are unfair trading practices?
Falsely implies that the items are of a certain quality, quantity, grade, composition, or model style
Make a false claim that the service meets a certain standard, quantity, or grade
Represents sponsorship, approval, performance, traits, accessories, uses, or benefits that the items or services do not have
Makes a false or deceptive statement about the necessity for, or utility of, any products or services
It gives any promise or assurance about the items’ performance, efficiency, or life span that isn’t based on appropriate or proper testing
False offer of bargaining price: It is unfair commercial conduct if an advertisement is published in a newspaper or elsewhere offering products or services at a bargain price
2. OBJECTIVE OF ACT
To make provisions for planning the development and use of land in the regions;
To make better provisions for preparation of Development Plans with a view to
ensuring that the Town Planning Schemes are made in a proper manner and their
execution made effectively.
Creation of new towns by means of development authorities
To make provisions for compulsory acquisition of land required for public
purposes
For the purposes connected with the matters aforesaid.
TOWN PLANNING IN MAHARASHTRA
Bombay Act, 1915
Bombay Town Planning Act, 1954
Maharashtra Regional & Town Planning Act, 1966
4. CONTENTS OF MRTP ACT
Definitions
Regional Plan
Development Plan
Control of Development & Use of Land in D.P.
Unauthorised Development
Town Planning Scheme
Development Control & Promotion Regulations
New Towns
Special Planning Authorities / Area Development Authorities
Development Charges
Acquisition of Land
Miscellaneous
5. • Declaration of the intention to prepare DP – (ByPlanning Authority U/S 23) –Notification in
official gazetter
• Survey & preparation of existing Land-use map (By Planning Authority U/S 25) - Not later then
6monthsfromthe date of declaration of intention Timecan be extendedbyStategovt. however
extension of time limit may be granted by govt.
• Such surveys may be divided in following three broad categories.
Physical Characteristics.
Economic Characteristics.
Social Characteristics.
PROCEDURE TO BE FOLLOWED IN PREPARING AND
SANCTIONING DEVELOPMENT PLAN
• Section 21 to Section 31 of the Act, (Chapter-III) describes the procedure to be followed
for preparation, submission and sanction to development plan
6. • On the basis of these surveys we can prepare an existing Land Use Map of the city.
• And also formulate clear picture of the city, its problems & difficulties. Such as
• Existing settlement pattern / population distribution.
• Existing industrial growth & employment pattern.
• Existing Transportation network.
• Existing status of PublicAmenities.
• Tourist interest places.
• Ecological problems.
Population projection : Considering the population growth of last five decades
in the region and considering various population projection methods. The
projected population for the horizon year is work out (normally for 20 years
period)
On the basis of this projected population planning proposals are prepared.
While preparing such proposals the planning norms as prescribed by govt. in
1979 may be taken into account and also, continents in the Development plan
shall be as mentioned in Sec. 22 of the Act.
6
7. 7
• Allocation of land for different uses
• Reservation of areas for open spaces, recreation etc.
• Transport & communication
• Public utilities& amenities likewater supply,drainage etc.
• Service industries,industrial estates etc.
• Preservation,conservation & development of areas of natural
scenery, forest etc.
• Heritage preservation
• Proposals for irrigation, water supply,flood control etc.
• Thefillingup or reclamation of low lying,swampy or unhealthy
areas, or levelling up of land
• Development controlregulations
CONTENTS OF DEV. PLAN (SEC. 22)
8. • The draft development plan shall contain the following particulars;
a) Report on existing land use map and surveys carried out;
b) map, chart and report explaining the provisions of the draft development plan.
c) Regulations for enforcing the provisions of the draft development plan
d) Report of the stages of development
e) Approximate estimated cost of acquisition and development of sites for public purpose.
• Suggestion & Objections invited with in 30 days from the publication
of notification of development plan; for Municipal corporation
having population more than 10 lakhs this period is 60 days.
PREPARATION & PUBLICATION OF DRAFT
DEVELOPMENT PLAN (SEC. 26)
9. IMPLEMENTATION OF DEVELOPMENT PLAN
As per Section 42 of the Act, it is the duty of every Planning Authority to take
steps for implementation of Development Plan proposals. The various tools for
implementation of Development Plan proposals are as under
Land Acquisition
Development Control Regulations
Zoning
TDR
Accommodation Reservation
Funding from Central / State Schemes
Through Institutions
Joint Ventures
T. P. Schemes
10. The contents of the schemes are as under; (Section 64)
• Ownership, area and tenure of original land holdings.
• Details of reservation, acquisition or allotment of land.
• Extent and boundaries where plot reconstitution is required.
• Totalcost estimations.
• The allotment of land from the total area covered under the scheme may be as under;
1) 10% for the purpose of providing housing accommodation to E.W.S. & L.I.G. and person dispossessed in
the scheme.
2) The area to the extent of 40% shall be for any or all of the following purposes;
a) Roads; (b) parks, play grounds; open spaces; (c) social infrastructures and (d) sale by planning authority
for residential, commercial or industrial use.
TOWN PLANNING SCHEME
• Chapter – V (Sec. 59 to 112) of the Act Describes the procedure regarding
preparation, publication and sanction of town Planning Scheme.
11. 1. Declaration of the intention - Notificationinofficial gazette (Sec. 60)
2. Suggestions & Objections invited from public – Within30daysfrom dateof notice
3. Preparation & Publication of Draft scheme – (Sec. 61) Within 12 months of
declaration Restrictionondevelopment CopiesDraft TPS available for inspectionor sale
4. Appointment of Arbitrator – (Sec. 72) Within 1 month of sanction of draft TPS By
publishinginofficial gazette
5. Suggestions & Objections invited
6. Submission Final Scheme to State Govt.
7. Sanction of Final TP Scheme – Within4monthsof submission
8. Enforcement of Scheme
PROCEDURE OF TOWN PLANNING SCHEME