Substitution of Section 49

Substitution of Section 49.- For Section 49 of the Principal Act, the following shall be substituted and shall be deemed to have been substituted with effect from 1st day of November, 2000, namely:-

"49. Preparation and contents of a town Development scheme.-

1. (1) Subject to the provisions of this Act or any other law for the time being in force, the Town and Country Development Authority may make one or more town development schemes for the area as may be specified, and the directions issued by a general or specific order by the State Government, from time to time, if any.
2. (2) A town development scheme may be made in accordance with the provisions of this Act in respect of any land which is,-
   • (i) in the course of development;
   • (ii) likely to be used for residential or commercial or industrial or for building purposes; or
   • (iii) already built upon. Explanation.- For the purpose of this sub-section the expression "land likely to be used for building purposes" shall include any land likely to be used as, or for the purpose of providing open spaces, roads, streets, parks, pleasure or recreation grounds, parking spaces or for the purpose of executing any work upon or under the land incidental to a town development scheme, whether in the nature of a building work or not.
3. (3) A town Development scheme may make provision for any of the following matters, namely:-
   • (a) the laying out or relaying out of land, either vacant or already built upon;
   • (b) the filling up or reclamation of low laying, swampy or unhealthy areas, or leveling up of land;
   • (c) lay-out of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets and roads and discontinuance of communications;
   • (d) the construction, alteration and removal of buildings, bridges and other structures;
   • (e) the allotment or earmarked of land for roads, open spaces, gardens, recreation grounds, schools, markets, green belts, dairies, transport facilities, public purposes of all kinds;
   • (f) drainage, inclusive of sewerage, surface or sub-soil drainage and sewage disposal;
   • (g) lighting;
   • (h) water supply;
     • (i) the preservation of objects of historical or national interest or natural beauty, and of buildings actually used for religious purposes;
   • (j) the reservation of land to the extent of ten per cent; or such percentage as near thereto as possible of the net residential area covered under the scheme, for the purpose of providing housing accommodation to the members of Economically Weaker Section of the society and Lower Income Group. (k)
   • (a) the allotment of land from the total area covered under the scheme, to the extent of Fifty percent for the following purposes:-
     • (i) roads;
     • (ii) parks, playgrounds, gardens and open space;
     • (iii) social infrastructure such as school, dispensary, fire brigade public utility place, industrial development;
     • (iv) sale by Town and Country Development Authority for residential, commercial, industrial use or any other use, to raise the funds to provide infrastructure facilities under the scheme area depending upon the nature of development.
   • (b) the proceeds from the sale of land referred to in paragraph
     • (iv) of sub-clause
   • (a) of Clause (k), shall be used for the purpose of providing infrastructural facilities and its maintenance.
   • (l) reconstitution of plots for fulfilling the purposes as prescribed under this section;
   • (m) the town development Scheme may also provide the social facilities as per rules made under this Act;
   • (n) The proposals of the Town development Scheme shall be treated as "Public Purpose";
   • (o) to prepare development control regulations for town development scheme or schemes;
   • (p) the suspension, so far as may be necessary, for the proper carrying out of the scheme, of any rule, bye-law, regulation, notification or order made or issued under any Act of the State Legislature or any of the Acts which the State Legislature is competent to amend;
   • (q) exclude the areas of Village settlement, as identified under the Development Plan for the purpose of town development scheme;
   • (r) proposals to allocate transferable development right to any final plot owner in lieu of loss of area from the original plot with the consent of the owner; estimate of the total cost of the scheme and manner in which the cost to be recovered including the levy of betterment charges and / or development charges; and
   • (t) such other matters not inconsistent with the objects of this Act as may be prescribed."