Chhattisgarh Capital Region Development Authority Act, 2025
Chhattisgarh Capital Region Development Authority Act, 2025
1. Short title, extent and commencement
- (1) This Act may be called the Chhattisgarh Capital Region Development Authority Act, 2025.
- (2) It shall extend to the Chhattisgarh State Capital Region.
- (3) It shall come into force on such date as the Government may by notification appoint
2. Definitions
In this Act, unless the context otherwise requires:-
- (a) 'Agriculture' includes farming, raising of crops, fruits, vegetables, flowers, grass, trees, horticulture, floriculture, poultry, fishing, livestock breeding, bee keeping, upkeep of an orchard and the use of land ancillary and accessory to cultivation or any agriculture purpose;
- (b) 'Agriculture Use' means any land used for cultivation of crops, plants, vegetables, growing of trees, orchards and includes allied activities like animal breeding and rearing, dairying and poultry;
- (c) 'Amenity' includes road, water supply, drainage, sewerage, street lighting, communication network, irrigation works and other public works, tourist spots, open spaces, parks, landscaping and play fields and such other conveniences and utilities as the State Government may specify by notification to be an amenity for the purposes of this Act;
- (d) 'Area Development Plans or Action Plans' means the plans prepared under the provisions of Section 12 of this Act;
- (e) 'Building' includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or any other purposes, whether in actual use or not;
- (f) 'Building Operations' includes rebuilding operations, structural alterations or additions to buildings and other operations normally undertaken in connection with the construction of buildings
- (g) 'Chhattisgarh Capital Region' means such areas as the Government may by notification specify from time-to-time under Section-3;
- (h) 'Company' means a body corporate registered under The Companies Act, 2013 (No.18 of 2013) or The Limited Liability Partnership Act, 2008 (No. 6 of 2009) and includes a firm or an association of individuals:
- (i) 'Development' with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land or both, and includes redevelopment, reclamation of land, conservation of environment, forming of layouts and sub-division of any land into plots and development of amenities;
- (j) 'Engineering Operations' includes the formation or laying of roads, drainage, water supply, electricity, gas, irrigation works & development of such other amenities;
- (k) 'Government Company' means a Government Company or corporation registered under the Companies Act, 2013 which has the development of an area as one of its object;
- (l) 'Functional Units' means area level units or sub-regional units or offices constituted or notified under Section 8 of this Act;
- (m) 'Land' includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth;
- (n) 'Land Use' means the principal use of land for which a plot of land or building thereon is used or intended to be used. For the purpose of classification of a plot according to the land uses, a land use shall deemed to include subsidiary land uses which are contingent upon it;
- (o) 'Local Authority' means:-
- (1) Municipal Corporation constituted under the provisions of the Chhattisgarh Municipal Corporations Act, 1956 (No. 23 of 1956); or
- (2) Municipality or a Nagar Panchayat constituted or deemed to be constituted or a Committee appointed for a Notified Area under the provisions of the Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961); or
- (3) Gram Panchayat constituted under the provisions of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994);
- (p) 'Capital Region Development Authority' means the Chhattisgarh Capital Region Development Authority constituted under Section 4;
- (q) 'Capital Region Development and Investment Plan' means a set of plans for promoting the development of the Chhattisgarh Capital region prepared under Section 11 and sanctioned by the State Government under Section 13 of this Act;
- (r) 'Notification' means a notification published in the Chhattisgarh Gazette and the word 'notified' shall be construed accordingly; 'Occupier' means a person, including a firm or other body of individuals whether incorporated or not, who occupies land or building sold, leased or transferred to him/ them in any manner and includes his/ their successors and assignees;
- (t) 'Owner' means a person, group of persons, a Company, Trust, Institute, Registered body, State or Central Government and its attached subordinate departments, undertakings and the like, in whose name the property stands registered in the Revenue Records;
- (u) 'Plan' includes a map or maps indicating proposals, and / or sets of documents and / or statements and policies and development briefs for securing, promoting and regulating development in the capital region or for any area;
- (v) 'Prescribed' means prescribed by rules made under this Act;
- (w) 'Regulation' means a regulation made under Section 55 of this Act;
- (x) 'Residence' includes the use of any land or building or part thereof for human habitation and the expression "Residential use" shall be construed accordingly;
- (y) 'Scheme' means a scheme or policy or directives/guidelines prepared under this Act; and also includes a scheme prepared under any other Act prevailing in the State for securing the planned development of any area or constituent of a local area or District;
- (z) 'Sectors of Capital Region development' means and includes traffic and transportation facilities, new housing townships, circulation network, community facilities, work centers, open spaces and environment, ecological development, leisure, tourism and recreational facilities;
- (aa) 'Zone' means any one of the divisions in which a region may be divided for the purposes of securing, promoting and regulating development under this Act, and the expression "Zoning Regulation" shall be construed accordingly.
3. Declaration of Chhattisgarh Capital Region
- (1) As soon as may be, after the commencement of the Act, the Government may, by notification declare the Chhattisgarh Capital Region consisting of such urban or rural areas as a development area for the purposes of the Act.
- (2) The Government may, by notification and in accordance with such rules as may be made in this behalf: - I. exclude from development area, any area comprised therein, or II. include other area in development area.
- (3) Save as otherwise provided in this Act, the Authority shall not undertake or carry out any development of land in any area which is not in Capital Region area.
- (4) After the commencement of this Act, no development of land within the capital region area shall be undertaken or carried out by any person or body including any department of the Government, unless permission for such development has been obtained from the Authority in accordance with the provisions of this Act.
- (5) After the coming into operation of any of the plans in any area within the capital region area, no development shall be undertaken or carried out in that area unless such development is also in accordance with such plans.
- (6) Notwithstanding anything in any other law or the provisions contained in sub-sections
- (4) and (5), development of any land undertaken in accordance with any law by any person or body including any department of the Government or any local authority before the commencement of this Act, may be completed without compliance with the requirements of those sub-sections; After the commencement of this Act, no development of land shall be undertaken or carried out by any person or body including any department of the government in such area adjoining to or in the vicinity of the Capital Region area, as may be notified by the Government unless approval of or sanction for such development from the local authority concerned, in accordance with the provisions of relevant law relating thereto, including the law relating to town planning for the time being in force and the rules and regulations made thereunder: Provided that the local authority concerned may, in consultation with the Authority, frame or suitably amend its regulations in their application to such area adjoining to or in the vicinity of the Capital Region area.
- (7) After the commencement of this Act, no development of land shall be undertaken or carried out by any person or body including any department of the government in such area adjoining to or in the vicinity of the Capital Region area, as may be notified by the Government unless approval of or sanction for such development from the local authority concerned, in accordance with the provisions of relevant law relating thereto, including the law relating to town planning for the time being in force and the rules and regulations made thereunder: Provided that the local authority concerned may, in consultation with the Authority, frame or suitably amend its regulations in their application to such area adjoining to or in the vicinity of the Capital Region area.
- (8) Where any part of the area adjoining to or in the vicinity of the development area, as notified under sub-section (7), is in the process of rapid development or is likely to develop in the near future, the local authority concerned may, either on the direction of the Government or on the advice of the Authority, prepare in consultation with the Authority, town development scheme under the law relating to Town Planning, for the time being in force, and publish the schemes as required under that law and submit them to the Government for sanction, as per provisions of Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973). Any development in the area covered by such town development schemes shall be in accordance with the provisions of the schemes as sanctioned by the Government. Where in regard to the matters specified in sub-section
- (7) and of this sub-section there is a difference of opinion between the local authority concerned and the Authority, the matter shall be referred to the Government, whose decision thereon shall be final.
- (9) Various sections of this act would come into effect from such date as may be notified by the State Government from time to time.
4. Constitution of the Chhattisgarh Capital Region Development Authority
- (1) As soon as may be, after the date of commencement of this Act, the Government may, by notification constitute the Chhattisgarh Capital Region Development Authority for the Chhattisgarh Capital region according to Section 3 of this Act.
- (2) The Capital Region Development Authority:- i. shall be body corporate and shall have perpetual succession and a common seal; ii. subject to such restrictions imposed by or under this Act, may sue or be sued in its corporate name.
- (3) The Capital Region Development Authority shall consist of the following members:- i. The Chief Minister of Chhattisgarh, who shall be the Chairman; ii. Minister - Housing and Environment Department; iii. Minister - Urban Administration and Development Department; iv. Minister - Public Works Department; v. Chief Secretary to the Government; vi. Secretary in-charge, Housing and Environment Department; vii. Secretary in-charge, Urban Administration and Development Department; viii. Secretary in-charge, of Public Works Department; ix. Secretary in-charge, Finance Department; x. One Representative of each Planning Committees constituted under the provisions of the Chhattisgarh Zila Yojana Samiti Act, 1995 as nominated by the State Goverment; xi. Four members of the Chhattisgarh State Legislative Assembly representing the Chhattisgarh Capital Region nominated by the Government; xii. Maximum four elected members amongst the persons representing the local authorities in the Chhattisgarh Capital Region; xiii. The Capital Region- Chief Executive Officer - Member-Convener; xiv. Officers of Central Government, State Government, Public Sector Unit or Any other persons nominated by the State Government.
- (4) The Government may, by notification omit any member of the Capital Region Development Authority, such notification shall be laid before the Legislature of the State. The Authority shall not be invalidated if the Government chooses not to appoint the nominated members according to sub-section 3.
- (5) The authority shall, if required for sector specific matters, form empowered committees within its members, which shall be able to take decisions on Authority's behalf.
5. Any such empowered committee shall not be comprised of less than seven members.
Constitution of the Executive Committee
- (1) There shall be an Executive Committee of the Capital Region Development Authority consisting of:- i. The Capital Region- Chief Executive Officer, who shall be the Chairman; ii. Director of Chhattisgarh Town and Country Planning; iii. The Director, Urban Administration & Development; iv. Member-Urban Planner, Member-Engineer, Member-Finance, Member-Estates, Member-Environment as nominated by the Government; v. The Collectors of all the Districts covered by the Capital Region; vi. Other members nominated by the Government.
- (2) Subject to the general superintendence and control of the Capital Region Development Authority, the management and administration of the affairs of the Capital Region Development Authority shall vest in the Executive Committee.
6. Delegation of Powers of Authority
Subject to the direction and delegation of powers by the Capital Region Development Authority, the Capital Region Chief Executive Officer may exercise any power and do any act or thing which may be exercised or done by the Capital Region Development Authority.
7. Powers and Functions of the Capital Region Development Authority
Subject to the provisions of this Act, the functions of the Capital Region Development Authority shall be:-
- (1) to undertake preparation of Capital Region Development and Investment Plan, revision of the said Plan and prioritize the implementation of the said Plan;
- (2) to undertake execution of projects and schemes as per the said Plan and or through action plans for any sector or area of the capital region;
- (3) an apex body for coodination, execution of the projects or schemes for the planned development of the development areas and undertake such other measures in the capital region;
- (4) to co-ordinate the development activities of the Municipal Corporations, Municipalities and other local authorities, the Public Works Department, the Chhattisgarh State Industrial Development Corporation, the Chhattisgarh Housing Board and such other bodies as are connected with development activities in the Chhattisgarh Capital Region;
- (5) to monitor, supervise or ensure adequate supervision over the execution of any project or scheme, the expenses of which in whole or in part are to be met from the Capital Region Development Fund;
- (6) to prepare and undertake implementation of schemes for providing alternative areas for rehabilitation of persons displaced by projects and schemes which provide for such requirements;
- (7) to maintain and manage the Chhattisgarh Capital Region Development Fund and allocate finances based on the plans and programmes of the local bodies for undertaking development of amenities and infrastructure facilities and to monitor and exercise financial control over the budgetary allocations concerning development works made through it to the various public agencies, local bodies and other agencies;
- (8) to undertake by itself or through any agency, the implementation of the area level plans, execution of works relating to infrastructure development, public amenities and conservation of the environment;
- (9) to create and manage the Chhattisgarh Capital Region Land Development Bank and take up land acquisition every year as may be necessary for various public uses, township development, infrastructure development, etc. allocation of lands to local bodies and public agencies upon such terms and conditions for undertaking development of amenities and infrastructure facilities;
- (10) to approve the land acquisition programmes/ proposals of the local authorities, other Departments and functional agencies in the capital region;
- (11) to enter into contracts, agreements or arrangements with any person, body or organization as the Committee may deem necessary for the performance of its functions;
- (12) to acquire any movable or immovable property by purchase, exchange, gift, lease, mortgage, negotiated settlement, or by any other means permissible under any law;
- (13) to perform any other function or exercise powers as are supplemental, incidental or consequential to any of the foregoing duties and powers and/or take up such matters as the Government may direct in this regard.
8. Power of Capital Region Development Authority to appoint Committees, engage auditors and consultants and constitute functional units
For the discharge of its functions, the Capital Region Development Authority may from time-to-time:-
- (1) appoint one or more functional committees. The functional committees shall report and discharge their responsibilities under the instructions and directions of the Capital Region Development Authority;
- (2) consult or associate with such persons or organization whose assistance or advice it may desire. Such advisor or consultant shall be paid such fees as may be determined by the Capital Region Development Authority;
- (3) constitute as many area level functional units or sub-regional units or offices as it deems fit and assign responsibilities and functions to such units. The existing Town and Country Development Authorities or Special Area Development Authorities in the capital region area constituted under the provisions of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 shall be deemed to be functional units under this Act, and continue to function under the Capital Regional Development Authority.
9. Capital Region Development Authority ordinarily not to provide for matters falling within obligatory and discretionary duties of local bodies except integrated development of the Development Area
Nothing contained in this Act shall empower the Capital Region Development Authority to exercise of day-to-day control which includes building approvals and building enforcement in any development area for any of the matters which are to be provided for or are to be exercised by the local authority concerned, except where any such matters are required to be provided by the Capital Region Development Authority for the purpose of integrated development of the Capital region.
10. Staff of the Capital Region Development Authority
- (1) The Departments of planning, engineering, finance and accounts, estate management, environment and administration of the authority shall function under the overall control of the Capital Region- Chief Executive Officer.
- (2) The Capital Region Development Authority may have District level Offices, City level Offices and Special area level offices or any such functional units at area level as may be required for the efficient performance of its functions.
11. Preparation and contents of Capital Region Development Plan and Investment Plan
Subject to the provisions of this Act and rules made in this behalf, the Capital Region Development Authority may:-
- (1) Within the timeline as prescribed by the State Government of its constitution prepare a Capital Region Development Plan & Capital Region Investment Plan, having due regard to:- i. Proposals and policies for promoting growth and securing economic development in the Capital Region area; ii. Proposals for conservation, optimum utilization and development of resources in the Capital Region area; iii. A land use plan indicating the broad areas of development and general location of residential, industrial, agriculture and areas for conservation and protection of ecologically fragile areas, including :- III. An Infrastructure network Plan showing existing and proposals of major infrastructure facilities like transport, power, communications network and related facilities like power plants, roads, highways, railways, airports and waterways; IV. Policies for preservation, conservation and development of areas of natural beauty and scenic spots and areas of historic and archaeological interest and tourism areas; V. Proposals and policies for watershed management, water supply, water harvesting, recharge of ground water, flood control and prevention of water pollution; VI. Proposals and plans for river front development and/or lake front development; VII. Proposals and policies for improvement and development of public amenities and services including water supply, electricity, gas, storm water drainage, sewerage, waste disposal, educational facilities, health facilities, social welfare and prevention of air and water pollution; VIII. Policies for promoting development and regulating uses and activities through zoning and other development regulations; IX. Policies for promoting housing and community facilities; X. Proposals and policies for traffic and transportation and promoting mass transportation facilities;
15. Modifications to the Capital Region Development Plan and Investment Plan
- (1) The Capital Region Development Authority or the Government, may make such modifications to the Capital Region Development and Investment Plans as it may think fit and which in its opinion are necessary.
- (2) The Capital Region Chief Executive Officer shall prepare a report together with necessary plan, any such modification and submit to the Government for approval.
- (3) Before making any modifications to the Capital Region Development Plan and Investment Plan, the Capital Region Development Authority, or the Government, as the case may be, shall publish a notice in at least two popular local newspapers and Chhattisgarh Gazette inviting objections and suggestions from the public specifying such date in the notice for examining the proposals and report and shall consider all objections and suggestions that may be received by the Capital Region Development Authority or Government.
- (4) Every modification made under the provisions of this Section shall be published in the Chhattisgarh Gazette and newspapers and the modifications shall come into operation from the date of publication of such notification in the Chhattisgarh Gazette and newspapers.
- (5) The Capital Region Development Authority shall levy such fees and conversion charges from the owners as applicable and as may be prescribed in any such modification effected to the Capital Region Development Plan and Investment Plan.
16. All Powers of development of Land to vest with Capital Region Development Authority
- (1) Notwithstanding anything contained in any other law, all development powers of land or its approval shall vest in Capital Region Development Authority.
- (2) After coming into operation of the Capital Region Development and Investment Plan, or any area development plan in an area, no person or body shall be permitted to use any land or carry out any development in that area unless the development is in conformity with the Capital Region Development Plan and Capital Region Investment Plan, area level development plans and notified schemes.
- (3) The Capital Region Development Authority shall have power to pull down, demolish, remove, or take such appropriate action against any development undertaken by any person, agency or authority in contravention to the plans, rules and regulations made under this act.
17. Development Permission mandatory for undertaking development
Subject to the provisions of this Act, no development, or change of use of any land shall be undertaken or carried out in the capital region:-
- (1) Without obtaining a Development Permission Order from the Capital Region Development Authority;
- (i) certifying that the proposed development is in conformity with the capital region development plan and investment plan, or area level development plan or where there is no such plan, such a scheme is integrated with the surrounding area and rules/regulations;
- (ii) subject to development conditions that are applicable and required to be complied;
- (iii) the development charges as leviable under this Act and other fees and charges leviable have been paid to the Capital Region Development Authority.
- (iv) The Government may publish a gazette notification specifying the date from which sub-section
- (1) of Section 19 shall come into effect. The Development Permission shall be continued to be issued by the competent authority under the provisions of Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 until such date as notified by the Government.
- (2) without obtaining a building permission from the local authority in case of developments involving civil construction in accordance with the relevant local body Act, rules, regulations, orders, by-laws and which shall be in conformity with sub-section
- (1) and conditions therein: Provided that no such permission shall be necessary: -
- (i) for carrying out such works for the maintenance of a building or land that do not materially alter or affect the building or land;
- (ii) for agriculture purpose and for the excavation (including wells, borewells) made in the ordinary course of agricultural operations and for the construction of unmetalled road intended to give access to land solely for agricultural purpose;
- (iii) In case of the following developments of the Government whether temporary or permanent which is necessary for the operation, maintenance, development or execution of any of the public utility services, viz:-
- (1) Railways;
- (2) National Highways, State Highways & Major District Roads;
- (3) Works undertaken by the Zila Yojna Samiti / Special Area Development Authority / Town Development Authority / Municipal Corporation / District Administration / Zilla Parishad / Zilla Panchayat / Gram Panchayat;
- (4) Waterways;
- (5) Airways & Aerodromes;
- (6) Defense;
- (7) Oil and Natural Gas Commission;
- (8) Posts and Telegraphs, Department, Wireless, broadcasting and other like forms of communications;
- (9) Electricity;
- (10) Any other service which the Government may declare to be a public utility service from time-to-time for the purpose of this Section: (iv) Provided that the said public utility services shall intimate in writing and file the necessary detailed plans, site plans layout plans and building plans for information and record of the Capital Region- Chief Executive Officer.
18. Application for Land Development Permission
- (1) Any person or body intending to carry out any development on any land as a layout or such similar land development scheme shall apply to the Capital Region Chief Executive Officer or nominated officer for Development Permission containing such particulars and accompanied by such documents, ownership clearance from the revenue authority, fees and plans as may be prescribed and enclosing a joint undertaking with a licensed developer, where applicable;
- (2) On receipt of an application for Development permission under sub-section (1), the Capital Region Chief Executive Officer, after making such enquiry as considered necessary in relation to any matter concerning the Capital Region Development and Investment Plan and regulations or area development plan or Notified Development Schemes or in relation to any other matter, may issue an order:-
- (i) Granting Development Permission unconditionally, or subject to such condition as it may consider necessary, or
- (ii) refusing permission by recording reasons in writing.
- (3) if within prescribed time after the receipt of such application made under this Section for Development Permission for layout or such similar land development scheme, or of any information or further information required, the Capital Region Development Authority has neither granted or refused its permission, such permission shall be deemed to have been granted and the applicant after intimating the Capital Region Chief Executive Officer, may proceed to carry out the development but not so as to contravene any of the provisions of this Act or Capital Region Development and Investment Plan or Scheme or any rules or regulations made under this Act.
- (4) The Development Permission Order may among other conditions contain the implementation of Capital Region Development and Investment Plan, road and other communication network system and the area of land affected and to be surrendered free of cost to the Capital Region Development Authority for development in accordance with the Statutory Plan. In the area so affected in such alignment of the Statutory Plan, road or other communication network system, the area of such affected land in such alignment shall be entitled and reckoned for computation of grant of Transferable Development Right.
19. Validity of Development Permission
Every Development Permission granted under this Act shall remain valid for prescribed period during which time the development works / layouts works / and civil works shall be completed and if not completed, such permission may be got revalidated on application subject to the rules then in force and on payment of fees and charges.
20. Power to revoke Development Permission
The Capital Region Development Authority or the Government, as the case may be, may revoke any Development Permission issued under this Act whenever it is found that it was obtained by making any false statement or misinterpretation or suppression of any material fact or rule, by following such procedure as may be prescribed.
21. Deviations during Development/undertaking of Layouts works and Unauthorized Development/Construction
- (1) If during the execution of any development works / layout works / and deviation in any civil works / departure is made from the Development Permission granted, the owner may obtain revised sanction as per the procedure laid down in Section 17.
- (2) Where a development/ construction is undertaken by an owner, builder or developer without approval or in violation of the Capital Region Development Plan and Investment Plan or an area development plan or development scheme or any rule, regulation, order, the local authority concerned may take immediate necessary steps against the said unauthorized development/ construction as per the provisions of the respective law.
- (3) The Capital Region Development Authority may give directions to the concerned local authority to take action against any unauthorized development/construction and the said local authority shall take action accordingly.
22. Town Development Scheme
Capital Region Development Authority may undertake to develop a Town Development Scheme through Land Reconstitution in an area on its own or authorize any other body to undertake such a Town Development Scheme. The Town Development Scheme shall be in conformity with the infrastructure network of the Capital Region Development and Investment Plan and may make provision for any of the following matters, viz, a) the laying out or relaying out of land, either vacant or already built upon b) the filling up of low-lying, swampy or unhealthy areas or leveling up of land; c) layout of new streets or roads, construction, diversion, extension, alteration, improvement of streets and communications network; d) the allotment of land for roads, open spaces, gardens, recreation grounds, schools, markets, green belt, transport facilities and amenities of all kinds; e) drainage inclusive of sewerage, surface or sub-soil drainage and sewage disposal; f) lighting; g) water supply; h) industrial/ economic activities i) the preservation of objects of historical or national interest or natural beauty: Provided that such a Town Development Scheme shall make provisions for the following: i. the reservation of land may be made for the purpose of providing housing accommodation for low-income groups and weaker sections of society, in which case no reservation for such housing shall be required in the development on the final plots; ii. the allotment of land from the total area covered under the Town Development Scheme may be made for the purposes of: a. parks, playgrounds, garden and open space; b. social infrastructure such as schools, dispensary, public utility spaces and other community facilities; c. sale of land under various land-uses, which is to be surrendered free of cost to the Capital Region Development Authority for the recovery of infrastructure development cost; d. area for circulation and reconstituted plots and other development use; iii. special Development Promotion Regulations may be made for the Town Development Schemes.
23. Provided further that the minimum area for such Town Development Schemes shall be declared as per the detailed rules which may be published by the State Government.
Cost of Town Development Scheme
- (1) The cost of a Town Development Scheme shall include:- a. all sums payable to the Capital Region Development Authority under the provisions of this Act; b. all sums spent or estimated to be spent by the Capital Region Development Authority or any other body authorized to undertake the Town Development Scheme: c. all sums in the making of the Town Development Scheme; d. all sums in the execution of the Town Development Scheme; e. all sums in the execution of such part of the peripheral and bulk services as may be considered necessary;
- (2) The above costs shall be apportioned to the final cost of the developed plots accordingly.
24. Notification and Effect of Town Development Scheme
- (1) The Capital Region development authority shall declare its intention for preparation of a Town Development Scheme on an area as it deems to be fit, and notify its intention for the information to the general public.
- (2) Within one year of declaration of its intention, the Capital Area Development Authority shall publish the Draft Town Development Scheme in the notified area for inviting objections and suggestions. Within one year of publication of Draft Town Development Scheme, after considering the objections and suggestions received on the Draft Town Development Scheme the authority shall notify the Final Town Development Scheme.
- (3) Any such Town Development Scheme shall be notified for information to general public and others, by the Capital Region Development Authority or other body authorized to undertake the Town Development Scheme after the layout is approved by the Capital Region Chief Executive Officer giving details of the plots available for disposal, reconstituted plots and sites available for social infrastructure, and the cost of providing infrastructure facilities and the tentative final cost, period for completion of the developments, regulations, development charges, levy, etc.
- (4) After notification of the said approved Town Development Scheme, the same shall be incorporated in the Capital Region Development and Investment Plan or where there is no Statutory Plan, such a Scheme be integrated with the surrounding area. Such a Town Development Scheme shall be deemed to be an area development plan.
- (5) The notified Town Development Scheme shall be deemed to be a development permission by the Capital Region Development Authority and all building permissions shall be scrutinized by the Local authority based on the approved Town Development Scheme.
- (6) All plots for disposal, open spaces, roads and other land as required by the authority for development of the Town Development Scheme shall be deemed to be handed over to the Capital Region Development Authority free from all encumbrances upon the notification of the Final Town Development Scheme.
- (7) As soon as the Final Scheme is notified, the revenue records shall be updated by the concerned revenue officers as per the Final Town Development Scheme. The original land shall be reconstituted into Final Plots and all other land required by the authority for development of Town Development Scheme such as land under roads, open spaces, amenities, plots for disposal, etc. shall be transferred to the authority's ownership on freehold basis.
25. Execution of Town Development Scheme by Other Agencies
Subject to the provisions of this Act and rules and regulations made there under, the Capital Region Development Authority or a local authority or public agency may undertake development in any area under its jurisdiction by framing and executing such town development schemes.
26. Publication of Area Development, Plan/Development Scheme and Approval
- (1) A development scheme may be prepared for making provision for all or any of the following matters, namely: a. acquisition of land by purchase, lease or otherwise and to erect thereon such buildings or to carry out such operations as may be necessary for the purpose of carrying out its functions; b. establishment of a new town or township or growth centre; c. establishment of industries, industrial estates, flatted factories, service industries, special and exclusive industrial areas; d. establishment of tourist centres and tourism related infrastructure; e. development and landscaping of open spaces, recreational grounds, parks, zoological and botanical gardens, public assembly grounds, social forestry; f. conservation of ecologically sensitive areas, lake front development, river-front development, prevention of injury or contamination to rivers, water bodies and sources of water supply; g. preservation and protection of heritage sites and buildings, objects of historical importance or outstanding natural beauty, etc.; h. control of floods and other natural disasters; i. housing schemes for different income groups including housing for economically weaker sections of society; j. construction and maintenance of rest houses, night shelters, infirmaries, homes for destitutes, disabled children, handicapped, senior citizens, etc.; k. redevelopment and renewal of blighted areas; l. resettlement, rehabilitation and upgradation of slum areas; m. provision of healthcare, educational, cultural and recreational facilities; n. provision of water supply, electricity and gas, disposal of sewage, solid waste and refuse and manufacture of its by-products; o. provision of sanitary arrangement including construction of drains and general conservancy, public conveniences, etc., p. construction, reconstruction, alternation, improvement and maintenance of public roads and streets, bridges, parking lots, transport terminals including railway stations, bus depots, airports, bus bays and bus stops, avenue plantation, etc., q. Provision and facilitating of public transportation including mass transportation by rail or road; r. provision of communication facilities; s. provision of slaughterhouses, burial grounds and cremation grounds; t. closure or demolition of dwellings and portions of dwellings unfit for human habitation; u. such other matters not inconsistent with the objects of this Act, as may be considered necessary.
- (2) Every development scheme shall contain details, as far as may be applicable, in respect of:- a. land assembly over which the development scheme is to be undertaken; b. Conditions and restrictions in regard to layout plan and building height, regional use, parking, etc. c. total estimated cost, sources of funding, cost recovery statement; d. manner of disposal of assets, if any; e. management and maintenance mechanism; f. any other matter considered necessary.
- (3) The Capital Region Development Authority may, on such terms and conditions as may be agreed upon, undertake formulation and execution of any development scheme anywhere on behalf of a local authority, corporate body, co-operative society, or a Department of the State or Central Government.
- (4) No development scheme shall be formulated by the Capital Region Development Authority or local authority and no project shall be formulated by any other person or body including Departments of the Central or State Governments, public undertakings, etc., unless they are in conformity with the provisions of Capital Region Development and Investment Plan approved under this Act.
27. Publication of Area Development, Plan/Development Scheme
- (1) As soon as it may be, after a draft area development plan has been prepared under Section 12 or a development scheme has been formulated in accordance with Section 26 above, the Capital Region Development Authority shall publish in atleast two popular local newspapers a notice of the said scheme and its implementation and the place where copies of the same may be inspected, inviting objections and suggestions in writing from public to be filed within thirty days from the date of such publication.
- (2) After the expiry of above time/ period, the Capital Region Development Authority shall consider all objections and suggestions and after making modifications as are considered necessary shall approve and notify the area development plan.
28. Power of Capital Region Development Authority in case of Default
- (1) If the Capital Region Development Authority, after holding enquiry or upon report from any of its officers or other information in its possession, is satisfied that any amenity in relation to any land or layout or colony has not been provided to such a land or layout or colony which in the opinion of the Capital Region Development Authority is to be provided as per development specifications, or that any development of the land for which permission, approval or sanction has been obtained under this Act has not been carried out, it may serve upon the owner of such land or his successor-in-interest, or upon the person providing, or responsible for providing the amenity, a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the notice.
- (2) If any amenity is not provided or any such development is not carried out within the time specified in the notice, the Capital Region Development Authority may itself undertake to provide the amenity or carry out the development or have it carried out through such agency as it deems fit and recover all expenses incurred with a penalty as decided by the Capital Region Development Authority together from such owner of the land or his successor-in-interest, or upon the person providing, or responsible for providing the amenity and in case of failure to pay as per demand notice, recover the same as arrears of land revenue.
- (3) If the Capital Region Development Authority, after holding an enquiry or upon report from any of its officers or other information in its possession, is satisfied that the concerned local authority or functional department or agency has not taken steps and action for implementation of the Action Plan or Scheme or project in the given time, it may require an officer or any other public / private agency to complete the same and the expenses so incurred shall be recoverable from the concerned local authority or functional department or agency concerned.
29. Power to Acquire Land under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30 of 2013)
Any land required, reserved or designated in the Capital Region Development Plan and Investment Plan or a Development Scheme or a Town Development Scheme shall be deemed to be a land needed for a public purpose within the meaning of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 (No. 30 of 2013) and may be acquired by the Government on request by the Capital Region Development Authority or local authority or other authority.
30. Transfer of Government Lands to the Capital Region Development Authority
The Government by order and on such terms and conditions as may be agreed upon between the Government and the Capital Region Development Authority, place at the disposal of the Capital Region Development Authority, any developed and undeveloped Government lands situated within the jurisdiction of the Capital Region Development Authority or from the State's Land Bank for the purpose of development in accordance with the provisions of this Act.
31. Purchase of Land by way of Negotiated Settlement
The Capital Region Development Authority may acquire land by agreement by paying such amount as may be arrived at through negotiated settlement in such manner as may be prescribed under regulations.
32. Acquisition of Land by way of Transferable Development Right
The Capital Region Development Authority or the local authority may, with the consent of the owner, acquire land for public purposes by way of transferable development right through issue of Development Right Certificate in lieu of payment towards cost of land in such manner as may be prescribed: Provided that the transferable development right may be arrived at on the basis of relative land value and equivalent amount or both export and import areas as per the Registration Department records. Such Transferable Development Right may be utilized additional built space by the owner who can use this either by himself or transfer it to any other person in full or in part for use in a less developed area as prescribed.
33. Rules and regulation regarding this shall be formulated by the State Government in consultation with the Authority.
Acquisition of Land and Built-up Space by way of Accommodation/ Reservation The Capital Region Development Authority or the local authority may, with the consent of the owner and in the manner prescribed, acquire land and built up space for public purposes, indicated in the statutory Development Plan, by permitting an equivalent built up space in addition to built up space required for the amenity or facility, in lieu of the cost of land and the built up space for the amenity transferred to the Capital Region Development Authority or local authority.
34. Disposal of Land and Other Property
The disposal of any land acquired by the Government and transferred to the Capital Region Development Authority with or without development thereon, or any other immovable property belonging to the Capital Region Development Authority shall be done in accordance with regulations made for the purpose in this behalf.
35. Creation and Management of Land Development Bank
The Capital Region Development Authority shall create and maintain a Capital Region land development bank, in which all lands acquired, allotted, purchased, obtained, etc., shall be monitored and maintained and position reviewed periodically.
36. Creation of Capital Region Development Fund
- (1) The Government shall create a Capital Region Development Fund with a seed capital of appropriate amount for the purpose of administering this Act.
- (2) The Government shall create a Revolving Fund for the Capital Region Development Authority with an appropriate fund for the purpose of performing it's functions under this Act and allocate finances based on the plans and programmes of the local bodies for undertaking development of amenities and infrastructure facilities as per plan programmes.
37. Capital Region Development Fund & its Application
- (1) The Capital Region Development Authority shall manage and operate the Capital Region Development Fund to which shall be credited:_
- (a) all the money received from the Government by way of revolving fund, grants, loans, advances or otherwise;
- (b) all the money borrowed by the Capital Region Development Authority by way of loans or debentures;
- (c) all the money received by the Capital Region Development Authority from the disposal of lands, buildings and other properties, movable and immovable;
- (d) all development charges or other charges, fees received under this Act or rules or regulations made there under;
- (e) contribution from Municipal Corporation and Municipalities;
- (f) all the money earned from remunerative projects and schemes by way of rent or otherwise and disposal of its assets;
- (g) sum of money received from projects implemented under Town Development Schemes;
- (h) sum of money received by way of user charges;
- (i) any other sum of money received by the Capital Region Development Authority from any other sources for performing its functions.
- (2) The Capital Region Development Fund shall be applied towards meetings;
- (a) for the expenditure incurred in the administration of this Act;
- (b) for the cost of land acquisition and areas mentioned under Town Development Schemes and development schemes undertaken by the Capital Region Development Authority for the purposes of ensuring planned development;
- (c) any expenses incurred by the Capital Region Development Authority in connection with preparation of Development plans, undertaking surveys, studies, Investment plans and execution of projects and schemes;
- (d) for maintaining sinking fund and other separate accounts required under the Act; and
- (e) for the expenditure for such other purposes not inconsistent with this Act.
- (3) The Capital Region Development Authority may borrow money by way of loans, debentures or bonds or in any manner from any other source other than the Government.
- (4) The Capital Region Development Authority may accept grants, subventions, donations and gifts from the Central Government or local Authority or any individual or body whether incorporated or not, for all or any of the purposes of this Act on such terms and conditions as mutually agreed upon.
- (5) Loans, debentures and bonds issued under this Section may be guaranteed by the Government as to the repayment of the principal and the payment of interest at such rate as may be agreed upon.
38. Power to Leavy Special Cess Capital Infrastructure Projects
Subject to the approval by the Government, the Capital Region Development Authority may levy specific cess for the implementation of specific capital infrastructure projects and upon such terms and conditions as the Government may specify.
39. Budget of the Capital Region Development Authority
- (a) The Capital Region Development Authority shall prepare in such form and at such time every year as may be prescribed, a budget in respect of the next financial year showing the estimated receipts and expenditure of the Capital Region Development Authority and shall forward to the Government as may be prescribed.
- (b) The accounts of the Capital Region Development Authority shall be subject to audit annually by such person as may be appointed by the Government any such expenditure incurred by that person in connection with such audit shall be payable by the Capital Region Development Authority.
- (c) The person so appointed, and any other person authorized by him in connection with the audit of accounts of the Capital Region Development Authority shall have the same right, privilege and in connection with such audit as the Accountant General has.
- (d) The accounts of the Capital Region Development Authority as certified by the person so appointed or any other person authorized by him in this behalf together with the audit report thereon shall be forwarded annually to the Government, and the Government shall cause a copy of the same to be laid before the State legislature.
40. Annual Plan & Report
The Capital Region Development Authority shall prepare for every year an Annual Plan and Report of its programmes and activities during that year and submit the Annual Plan and Report to the Government in such form on or before such date as may be prescribed.
41. Levy of Development Charge
- (1) Subject to the provisions of this Act and rules made thereunder, the Capital Region Development Authority shall levy a charge, hereinafter called development charge on: a) the carrying out of any land or building or both; b) the change of use of land or building or both;
- (2) the rates of development charge, their manner of assessment and recovery shall be such as may be prescribed.
- (3) Notwithstanding anything contained in sub-section
- (1) no development charge shall be leviable in case of any development undertaken by the Central Government Department, the State Government Departments, or local authority.
42. Assessment and Recovery of Development Charge
- (1) The Capital Region Development Authority shall after receipt of any application received for Development Permission or if no such application is made, serve a notice to the person liable for such payment, intimating in writing the development charge leviable and fix a date by which such payment shall be made, and appropriate interest shall be payable from the date.
- (2) The development charge payable in respect of any land and/or building by any person shall be a first charge on such land and/or building, subject to the condition that there is no change in use or activity or additions/extensions in which case fresh development charge are applicable.
- (3) The development charge payable in respect of any land and/or building by any person shall, together with interest due up to the date of realization, be recoverable from such person or his successor-in-interest in such land and/or building as arrears of land revenue.
- (4) The Capital Region Development Authority may allow the development charge to be remitted in phased manner in case of phase-wise development.
- (5) The Capital Region Development Authority may allow the development charge to be paid in installments in which case interest as stated in sub-section
- (1) shall be applicable.
43. Levy of User Charges
- (1) In order to recover fully or partly, the capital expenditure incurred or likely to be incurred for the provision of utilities, amenities, services or facilities provided by the Capital Region Development Authority, the Authority may levy and collect a charge from the users, hereinafter called the user charges.
- (2) The amount of user charge to be levied and its manner of assessment shall be such as may be prescribed by regulations.
- (3) The Capital Region Development Authority may assign, on such terms and conditions, as may be agreed upon, the task of providing and maintaining any utility, amenity, service or facility, within the area of its jurisdiction, to any person or agency including an association or body of individuals, whether corporate or not and permit them to collect such user charges from such beneficiaries and subject to such terms and conditions as may be prescribed by regulations.
- (4) The provision of Section 41 above shall mutatis mutandis apply to this Section.
44. Recovery of Arrears
Any sum due to Capital Region Development Authority under the provisions of this Act or any rule or any regulation or order made thereunder, shall be a first charge on the plot or land on which it is due, and if it is not paid on demand on the day on which it becomes due or on the day fixed by the Capital Region Development Authority, shall be recoverable by the Authority, as an arrear of land revenue.
45. Control by Government
- (1) The Capital Region Development Authority shall carry out such directions and guidelines as may be issued to it from time-to-time by the Government for the efficient discharge of its responsibilities and functions under this Act.
- (2) If in, or in connection with, the exercise of its powers, responsibilities and discharge of its functions by the Capital Region Development Authority under this Act, any dispute arises between the Capital Region Development Authority and other Authority or Committee or local Authority, the matter shall be resolved by the Government and the decision of the Government shall be final and binding on the Capital Region Development Authority and the other Authority or Committee or local authority.
- (3) The Government may, at any time either on its own motion or on application made to them in this behalf, call for the records of any case disposed of, or order passed by the Capital Region Development Authority for the purpose of satisfying themselves as to the legality or propriety or correctness of any order passed or direction issued, and may pass such order or issue such direction in relation thereto as they may think fit:
46. Provided that the Government shall not pass an order adversely affecting any person or body without affording such person or body an opportunity of being heard or offering explanation.
Returns and Information
- (1) The Capital Region Development Authority shall furnish to the Government such reports, returns, records and other information as the Government may, from time-to-time require.
- (2) The Government may, call for reports, returns, records and other information from the Capital Region Development Authority or the local authority or the public agency responsible, in regard to:- a) preparation of the Statutory Development Plan, Investment Plan, Development Scheme or Town Development Scheme; b) implementation of the Statutory Plan, Scheme or programme or authorize an officer in this behalf. c) any officer authorized by the Government may enter into or upon any land with or without assistants or workmen for ascertaining whether provisions of the Statutory Development Plan, Investment Plan, Development Scheme or Town Development Scheme, etc. are being or have been implemented, or whether the development is being or has been carried out in accordance with such plan or permission or order.
- (3) The Capital Region Development Authority shall comply with such directions, guidelines or instructions as may be given by the Government with regard to the above aspects.
47. Power of Entry and Capital Region Development Authority to Demarcate Alignments
The Capital Region Chief Executive Officer may authorize any person to enter into any land or building with or without assistance or workmen for the purpose of:- a) Making any enquiry, inspection, measurement or survey or taking levels of such land or building; b) Examining works under construction and ascertaining the course of public utilities and drains, etc; c) Digging or boring into the sub-soil; d) Setting out boundaries and demarcation of intended alignment of roads, public utilities and other works; e) Making such levels, boundaries, demarcations and lines by placing marks and cutting trenches; f) Ascertaining whether any land or property is being affected in the Statutory Development Plan / Development Scheme / Town Development Scheme / road / public utilities alignments, etc. g) For grounding of new alignment of roads / road widening / alignment of new communication network in any land; h) Ascertaining whether any land or property is being or has been developed in accordance with the Development Permission or in contravention of the provisions of this Act, or conditions subject to which the Development permission has been issued are being or have been complied; or i) Doing any other thing necessary for the implementation of the Statutory development Plan / Development Scheme / Town Development Scheme or other provisions for the efficient administration of this Act: Provided that i) no such entry shall be made except between the hours of 6 a.m. and 6 p.m. ii) the development rights of the owner of the land would not be affected by such actions or by grounding of the said network. iii) due regard shall always be given so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land / building or property entered or surveyed or demarcated. iv) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land / building or property.
48. Power to Delegate
- (1) The Capital Region Development Authority may by resolution direct that any power exercisable by it under this Act or rules or regulations made there under may also be exercised by any Capital Region Development Authority or local body or officer or the government or any other body, in such cases and subject to such conditions, if any, as may be specified therein.
- (2) The Government may by notification, direct that any power exercisable by the Government or the Capital Region Development Authority under this Act, except the power to make rules or regulations, may be exercised by any local body or officer of the government or any other body, in such cases and subject to such conditions, if any, as may be specified therein.
49. Effect of Other Laws
Effect of Other Laws.
- (1) Notwithstanding anything contained in the Chhattisgarh Municipal Corporations Act, 1956, the Chhattisgarh Municipalities Act, 1961, the Chhattisgarh Panchayat Raj Act, 1993 or any other law which are contrary to the provisions of this Act, the provisions of this Act shall have an over-riding effect over all such laws.
- (2) The provisions of the Chhattisgarh Nagar Tatha Gram Nivesh Act, 1973 which are inconsistent with the provisions of this Act shall not be applicable to the capital region constituted under Section 3 of this Act.
- (3) Notwithstanding anything in any other law:-
- (a) When Development permission for development in respect of any land has been obtained under this Act, such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that any permission, approval or sanction required under such other law for such development has not been obtained.
- (b) When Development permission for such development in respect of any land has not been obtained under this Act, such development shall not be deemed to be lawfully undertaken or carried out by reason only for the fact that Permission, approval or sanction required under such other law for such development has been obtained.
- (4) Any Development permission, No Objection Certificate or other clearance given under this Act shall be construed as from the planned development point of view and shall in no way either confer the ownership rights or affect the ownership under the land revenue laws. The Capital Region Development Authority shall stand absolved of any ownership disputes or discrepancies.
- (5) Once a development permission is given, the right to develop the land in that way can be exercised by anyone acquiring and occupying the land. It
50. Certain Plans Already Prepared and Sanctioned Deemed to have been Prepared and Sanctioned under this Act
- (1) Any General Development Plan, Town Development Scheme, Rules, Regulations framed under the Chhattisgarh Nagar Tatha Gram Nivesh Act, 1973, or under the Chhattisgarh Municipal Corporations Act, 1956 or under the Chhattisgarh Municipalities Act, 1961 already prepared and published by the local authority concerned or the Town Development Authority or Special Area Development Authority concerned, and sanctioned by the Government before the commencement of this Act shall continue to be in force, unless prepared afresh been and superseded or revised under this Act.
- (2) Any detailed Town Development Scheme under the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973, any other Scheme under the Chhattisgarh Municipal Corporations Act, 1956, or any town development plan under the Chhattisgarh Municipalities Act, 1961 prepared and published by the local authority concerned or the Urban / Town Development Authority concerned, and sanctioned by the Government before the commencement of this Act with respect to any area now forming part or whole of the Capital Region shall continue to be in force unless prepared afresh and superseded or revised under this Act.
51. Power to Give Directions
- (1) Notwithstanding anything contained in any other law for the time-being in force, the Capital Region Development Authority may give such directions to any local authority or other department or authority or person with regard to the implementation of any development projects or schemes financed under this Act, or land development conditions approved under this Act, or demarcations of roads, right-of-way for facilities, etc., fencing of open spaces amenity reservations, etc. as it deems fit, and any such Authority or person shall be bound to comply with such directions.
- (2) If any such direction is not complied with by the body to whom it is issued, it shall be competent for the Authority to take necessary action to carry out the directions issued under sub-section
- (1) and recover expenses, if any, incurred therefore from the body concerned.
52. Power to Make Rules
- (1) The Government after consultation with the Capital Region Development Authority, may by notification, make rules to carry out the functions of the Capital Region Development Authority and to carry out the purpose of this Act: Provided that consultation with the Capital Region Development Authority may not be necessary on the first occasion of the making of rules under this Section but the Government shall take into consideration any suggestions which a Capital Region Development Authority may make in relation to the amendment of such rules after they are made.
- (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:
- (i) The terms of office of members and staff, their allowances and other conditions of service, summoning and holding of meetings, the conduct of business, powers and functions of the Chairman, Vice-Chairman/Capital Region Chief Executive Officer;
- (ii) The conditions of service, salaries and allowances, job chart, duties and responsibilities, powers and functions of the full-time members and officers and other employees appointed by the Capital Region Development Authority;
- (iii) The procedure to be followed in connection with the preparation, publication, submission and approval of the Capital Region Development Plan, Capital Region Investment Plan, Area Development Plan, Town Development Scheme and the manner of publication of the notice inviting objections and suggestions relating to any such plan in draft;
- (iv) The form, manner and procedure for modifications to the Statutory Development Plan, the payment of fees and rates of conversion charges for such modifications;
- (v) With regard to permitting town development schemes, layouts and their requirements, development specifications and conditions; form and content of mortgage deed and other conditions;
- (vi) Relationship and coordination between the Capital Region Development Authority and the local Authority in matters of issue of permission, ensuring planned development and undertaking implementation of Capital Region Development Plan and Investment Plan, Development Schemes, Area Development Plans, Action Plans and Town Development schemes;
- (vii) Form and manner of regularization of unauthorized layouts and developments by the Capital Region Development Authority and fees, charges and penalties to be levied thereto;
- (viii) The form and manner of maintaining the Capital Region Development land bank, handing over of government lands to the Capital Region Development Authority, and requisition of lands for acquisition every year by the Capital Region Development Authority;
- (ix) Form and manner of Transferable Development Rights the Capital Region Development Authority may take up with owners;
- (x) The procedure for assessment, levy and collection of development charge, rates of development charge and calculation and assessment for land and buildings;
- (xi) The duties and responsibilities and powers of the Capital Region Chief Executive Officer, Member-Urban Planning, Member-Engineering, Member-Environment, Member-Estates, Secretary and the Member-Finance of the Capital Region Development Authority;
- (xii) The functioning and conduct of meetings and any other matters relating to the powers and functions of the Chhattisgarh Capital Region Development Authority and the Executive Committee;
- (xiii) Any other matter which has to be or may be made by rules.
- (3) Every rule made under this Act shall after it is made, be laid before the State Legislature.
53. Power to Make Regulations
- (1) The Capital Region Development Authority may, with the previous approval of the government, make regulations consistent with this Act and the rules made there under, to carry out, the purpose of this Act and without prejudice to the generality of this power, such regulations may provide for:- i. The conditions of service of other employees appointed on contract or otherwise, by the Capital Region Development Authority, their duties and responsibilities and the control and restrictions in relation of such appointments; ii. The plan programmes of the Capital Region Development Authority, stages of implementation of the Statutory Development Plan, the agencies and departments responsible for implementation of the Statutory Development Plan; iii. The form, manner and procedure for application for Development Permission, the payment of fees, rates of user charges, form of ownership clearance by the Revenue Authorities and the fees payable; and conditions to be complied with by the local Authority while considering building permissions based on the Development permission given by any other Competent Authority; iv. Form and conditions of licensing of developers; v. The form and manner of sanctioning of building permissions by the local authority and conditions to be adhered to, and responsibilities of local authority thereto; vi. Form, manner and conditionalities of undertaking road development schemes by the Capital Region Development Authority or local authority or government agency concerned; vii. Details and rates in respect of levy of user charges under Section 43; viii. The form and manner of preparation of Annual Plans and Budget, and Annual Reports of the Capital Region Development Authority; ix. The procedure to be followed for borrowing money or raising money through loans, debentures and bonds and their repayment; x. Form and manner for taking over lands by the Capital Region Development Authority under negotiated settlement; xi.
54. Any other matter which is required to be provided by regulations.
Dissolutions of Existing Authorities and vesting in the Capital Region Development Authority On and from the date of dissolution of the Town and Country Development Authority(ies) and Special Area Development Authority(ies) under the provisions of Chhattisgarh Nagar tatha Gram Nivesh Adhiniyam, 1973, the assets and liabilities of such Authorities shall vest in the Capital Region Development Authority.
55. Dissolution of the Capital Region Development Authority
Where the State Government is satisfied that the purposes for which the Authority was established, have been substantially achieved or the Authority has failed in its objectives, so as to render the continued existence of the Authority unnecessary, in the Official Gazette declare that the Authority shall be dissolved. From the date of dissolution: i. all properties, funds and dues which are vested in or realizable by the Authority shall vest in, or be realizable by, the State Government. ii. all liabilities which are enforceable against the Authority shall be enforceable against the State Government. iii. For the purpose of carrying out any development and for the purpose of realizing properties, funds and dues the functions of the Authority shall be discharged by the State Government.
XV. Any other matter which may be necessary for the orderly development and management of the capital region.
- (2) Undertake surveys, research and studies and the creation and maintenance of capital region database and information system and collection of such information and preparation of reports and maps; and associate advisors, consultants as may be necessary for the preparation of the Plans mentioned above;
- (3) Undertake detailed area level plans for specific areas, plan programming and phasing of development and enforce special development regulations for the purpose of securing planned development;
- (4) Review and revise the Capital Region Development Plan and Investment Plan and other statutory area plans within the expiry of the Plan period. 12. Power to undertake preparation of Area Development Plan/ Action Plans Subject to overall conformity with the Capital Region Development and Investment Plan, the Capital Region Development Authority may undertake preparation of area level development plans or action plans as deemed necessary for execution of projects and schemes for any sector or area of the capital region. 13. Preparation of Development Plan by Authority
- (1) After preparing any of the said plans in accordance with Section 11, the Capital Region Development Authority shall notify the same in such form and manner as may be prescribed, inviting objections and suggestions from any person or body giving minimum of one month time for filling objections and suggestions.
- (2) After considering all objections, suggestions and representations that may have been received, the Capital Region Development Authority may make modifications/revision to the plan in such manner as it may think fit and submit to the Government for the sanction of the Capital Region Development Plan and Capital Region Investment Plan together with draft policies, development promotion regulations and reports along with remarks on the suggestions, if any, received. 14. Sanction of Plan by Government
- (1) On receipt of the Plans under Section 13, the Government shall consult the Zila Yojana Samiti and sanction the said plans with or without modifications or reject the plan with directions to modify or prepare fresh plans.
- (2) The sanction accorded by the Government shall be notified in the Chhattisgarh Gazette and the plans shall come into force from the date of its publication in the Gazette.
- (3) The Capital Region Chief Executive Officer may take necessary action to ensure that each development project or scheme is executed in the interest of overall development of the development area and in accordance with any plan, project or scheme duly approved either by the Capital Region Development Authority or under any law in force or by the Government.
Some statutory text is still being prepared for this language version.
PDF: pending for this language.