विकास प्राधिकरण का गठन

For Section 50 of lhe Principal Act, the following shall be substituted and shall be deemed to have been substituted with effect from 1st day of November, 2000, namely:-"50. Preparation of Town Development Sche mes.- ( 1) Declaration of Intention: The Town and Country Development J\uthority may, at any time, by resolution, declare ils intention to prepare a Lown development scheme in respect of such area: Provided that no such declaration of intent sha11 be made without prior approval of the State Government. (2) Publication of Intention: Not later than thirty days from lhe date of such declaration of intention under sub-section ( J) to mal<.e a town development scheme, the Town and Country Development Authority shall publish the declaration in the Official Gazette and in such ot ll..'I' manners, as mDy be. prescri b( cl . (3 ) Pre parat ion and publication of Draft sch e m e : (i) Nol later than two years from Lhe date of pu blica t.ion of the declaration under sub-section (2), the Town and Country Development Authority shall prepare a town development scheme in draft form and publish it in such form and manner as may be prescribed together with a notice inviting objections and suggestions from any person with respect Lo the said draft town development scheme before such dale as may be specified therein, such date being not earlier than thirty days from the date of publications of such notice; (ii)Contents of Draft Scheme:- A draft scheme shall contain the following particulars so far as may be necessary, that is to say,- (a) the area, ownership and tenure of each original plot; (b) The particu lars of land allotted or reserved under clause (e) of sub-section (3) of Section 49 with general indication of the uses to which such land· is to be pu t and the terms and condition, subject to which such land is to be put to sut h uses: (c) The extent to v.•hich it is proposed to alter the boundaries of original plots; (d) A full descripLlon of all the details of the scheme under sub-secUon (3) of Section 49 a may be applicable; (c) an estimate of the net cost of the scheme to be borne by the Town and Country Development Authority; (f) to form a final plot by the reconstitution of an original plot by the alteration of its boundaries, if necessary; (g) to form a final plot from an original plot by the transfer of any adjoining lands; (h) to provide with the consent of the owners that two or more original plots which are owned by several persons or owned by persons jointly be held in ownership in common as a final plot, with or without alteration of boundaries; (i) to allot a final plot to any owner dispossessed of land in furtherance of the scheme; U) to transfer the ownership of a plot from one person to another; and (k) any other prescribed particulars. (4 ) Finalization of the Draft Sch e m e : The Town and Country Development Authority shall consider all the objections and suggestions as may be received within the period specified m the notice under sub-section (3) and after incorporating necessary modifications, as it think fits in the Draft Scheme, submit the draft scheme to the State Government along with all the suggestions and objections for sanction. (5) ( 1) Power of the State Government to Sanction Draft Scheme: (i) On receiving draft scheme under sub-section (4), the State Government may, not later than six months from the date of its receipt, by notification, sanction such scheme with or without modifications or subject lo such conditions as it may think fit to impose or refuse to sanction it; (ii) The State Government may if deemed fit, by notification in the official gazelle, return Lhe scheme to the Town and Country Development Authority Lo carry out such modifications as may be directed, including the direction to include or exclude an) land in question in the Scheme; (iii) The Town and Cou ntry Development Au thori Ly shall com ply with the directions of the State Government and shall after following the procedure as laid down under sub-section (3) of Section 50, submit the scheme within the specified lime limit to the State Government; (iv) If the State Government sanctions such scheme, it shall in such notification state at what place and time the draft scheme shall be open for the inspection of the public. (2) Vesting of Land in Town and Country Development Authority- (i). As Soon as the date on which the draft scheme is sanctioned by the State Government under sub-clause (iv) of clause (1) of sub-section (5) of Section 50, all the lands required by the Town and Country Development Authority for the purposes specified in clause (c), (D, (g) or (h) of sub-section (3) of Section 49 shall vest absolutely in the Town and Country Development Authority free from all encumbrances; (ii) Nothing in sub-clause (i) shall affect cmy rig1J1 nl the m11. ncr of I he land vesting in Lhc Town and Counlry Devclopmenl Au Lhority under that section; (iii)The provision of sub-section (8) of Section 50 shall mu tatis mutandis apply to the sanctioned drafl scheme for 1 he purpose as specified under sub-clause (i), as if the sanctioned draft scheme were a final scheme (6)Within one month from the date on which the notification sanctioning the draft scheme by the State Government is published m the official gazette, the State Government shall for the purposes or one or more Town Development Schemes received by it for sanction, constitute a committee consisting of such officers as may be prescribed, who shall prepare the Final Scheme in accordance with Lhe sanctioned draft scheme and call for objections and suggestions with regard to the final Scheme in the manner as prescribed; (7) ( 1) The committee constituted under sub-section (6) shall consider the objections and suggestions and g1, 1 11<:-.~rin.2, to such person~ ;-is are desirous of being heard and shall submit its Final Scheme to the Stalr Government within such time a s it may fix along with proposals as under:- (i) define and demarcate the a reas allotted to or reserved for any public purpose on plan; (ii) demarcate the reconstituted final plots on plan; (iii) provide for the total or partial transfer of any right in an original plot to a final plot or provide for the transfer of any right in an original plot in accordance with the provisions of Section 58-D; (iv) evaluate the value of original plot and reconstituted plot; (v) estimate the value and fix the difference between the total values of the original plots and the plots included in the final scheme in accordance with the provisions of this Act; (vi) determine whether the areas used, allotted, or reserved for public purpose or public purposes of town and country development authority are beneficial wholly or partly to the residents or owners \hhin the area of the scheme, if applica blc; (vii) estimate the portion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose or for the purpose of the Town and Country Development authority, which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the cost of scheme; (viii) Calculate the contribution to be levied under section 58-C, on each plot used, allotted or reserved for a public purpose or for the purpose of the town and country development authority which is beneficial partly lo the owners or residents within the area of the scheme and partly to the general public; (ix) Estima te the. increment to accrue in respect of each plot included in the scheme in accordance with the provisions