Chapter XIV MISCELLANEOUS

(1) The State Government may, by notification, delegte to any COLONIZATION

339-A. Registration of colonizer or builder. ---

1. (1) Any person who ------
   • (a) as a colonizer intends to undertake the establishment of a colony in the area of Municipal Council or Nagar Panchayat for the purpose of dividing the land into plots, with or without developing the area, transfers or agrees to transfer gradually or at a time, to persons desirous of settling down on those plots by constructing residential or non- residential or composite accommodation ; or
   • (b) as a building constructs or causes to be constructed on any land in a Municipal area, whether held by him or any other person, independent buildings or a single building with apartments ; or converts or causes to be converted as existing building or any part of such building into apartments, for the purpose of transfer by sale or otherwise all or some of them to persons other than members of his family and includes his assignees shall apply

to such competent authority as may be appointed by the State Government for the grant

of a Registration Certificate.

1. (2) On receipt of the application for registration under sub-section (1), the such competent authority, as may be appointed by the State Government shall, subject to the rules made in this behalf, either issues or refuses to issue the Registration Certificate, within thirty days : Provided that if the such competent authority, as may be appointed by the State Government refuses to issue the Registration Certificate, the reasons for refusal shall be intimated to the applicant. Provided further that an appeal may be filed before the Appeal Committee constituted under Section 307 within 30 days from the date of rejection of application of registration by the competent authority.
2. (3) The State Government shall have power to make rules prescribing the form of application, amount of fees for registration and other terms and conditions, for issue of Registration Certificate. 339-B. Development of colonies.---
3. (1) The Registration certificate granted under Section 339-A shall entitle the colonizer to undertake the development of colonies in the municipal area subject to the provisions of this Act, and the rules made in this behalf and on the following conditions :-
   • (i) In every residential colony in the municipal area, out of the area of the developed plots by the colonizer, fully developed plots equal to fifteen per cent of the prescribed size shall have to be reserved for person belonging to economically weaker sections.
   • (ii) Such colonizer who wishes to offer the constructed residential houses instead of developed plots in his residential colony for the persons of the economically weaker sections under clause (i) then they make available the houses of the prescribed size constructed in the prescribed area.
   • (iii) Such colonizer who do not wish to develop plots or construct houses for economically weaker sections in his colony having an area as prescribed shall have to deposit the shelter fee at such rate as may be prescribed in the shielder fund.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (iv) In respect of the land on which the Urban Land (Ceiling and Regulation) Act, 1946 was applicable the colonizer shall have to reserve developed plots of the prescribed size in the prescribed area for the persons belonging to economically weaker sections.

1. (2) For the allotment of plots or houses to the economically weaker sections, the procedure for the selection of eligible persons and the determination of the cost of such plots or houses shall be such as may be prescribed.
2. (3) The permission of development shall be given by the Competent Authority and an appeal shall lie to the State Government against the order of the Competent Authority. 339-C. Punishment for illegal colonization.---
3. (1) A colonizer who, in contravention of the provisions of Section 172 of Madhya Pradesh* Land Revenue Code, 1959 ( No. 20 of 1959) and the rules made thereunder, diverts the land or part thereof, commits an offence of illegal diversion of land.
4. (2) A colonizer who diverts his lands into plots or the land of any other person with the object of establishing a colony in branch of the requirements contemplated in this Act or the rules made in this behalf, commits an offence of illegal colonization.
5. (3) Whoever commits or abets the commission of an offence of illegal diversion or illegal colonization shall be punished with imprisonment of not less than three years and not more than seven years or with minimum fine of ten thousand rupees or with both. Such offence shall be a cognizable offence.
6. (4) Whoever constructs a building in an area of illegal diversion or illegal colonization commits an offence of illegal construction.
7. (5) Whoever commits an offence of illegal construction shall be punished with imprisonment of not less than three years and not more than seven years or with minimum fine of ten thousand rupees or with both. Such offence shall be a cognizable offence. 339-D. Punishment for abetment of the offence of illegal diversion of land or illegal colonization.--- Whoever in the area of illegal diversion or illegal colonization -----
   • (i) being an officer having power to sanction lay out or sanction a map for the construction of a building, grants sanction or approves such lay out or the map; or
   • (ii) being an officer or the authority competent to sanction electrical or water supply connection grants such sanction with respect to the building in such area ; or
   • (iii) being an officer under a primary duty to do so knowingly omits to report illegal diversion of land ; or
   • (iv) being an officer or an employee responsible to take action against the illegal diversion of land fails to take action ; or
   • (v) illegally influences the officers aforesaid in granting such sanction or in omitting to make a report of such illegal diversion of land. shall be punished a simple imprisonment which may extend to three years or with a fine which may extend to three years or with a fine which may extend to ten thousand rupees or with both : Provided that nothing contained in clause (ii) shall apply to the cases where such competent authority as may be appointed by the State Government certifies that in the public interest there is no objection to provide electrical and water supply connections to the building in the area of illegal diversion or illegal colonization.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

339-E. Competent Authority to take over the management of the land of illegal colonization.---

1. (1) Notwithstanding anything contained in Madhya Pradesh* Land Revenue Code, 1959 (No. 20 of 1959), the transfer or agreement to transfer of plots made by a colonizer, in an area of illegal colonization shall be void.
2. (2) The competent authority, as may be appointed by the State Government, shall cause to be published a public notice three times in the local newspaper for the purpose of taking over the management of land of illegal colonization. After publication of such notice if any objection is received from the colonizer or the plot holder it shall be considered by the competent authority and if no objection is received then the competent authority shall take over the management of such land and cause the area to be planned and developed in such manner as may be prescribed and allot the plots in such manner and subject to such conditions as may be prescribed.
3. (3) The allottee shall on fulfillment of the conditions be deemed to be a valid transferee of the plot and the power of the competent authority as manager of the plot shall come to an end.
4. (4) Once the competent authority takes up the management of any colony it shall be deemed that the diversion of land of such colony has been done and its use in accordance with the master plan of the city. 339-F. Forfeiture of the land involved in illegal colonization.--- The right, title and interest of the colonizer in the land under illegal colonization, shall upon and from the date of taking over management of the land under sub-section (2) of Section 339-E stand forfeited and vested in the Council free from all encumbrances. 339-G. Punishment for not taking action against illegal colonization.--- Any officer or servant subordinate to the competent authority who has been authorised by him either to inspect, report, stop or to remove any construction or illegal colonization knowingly omits to take action against such illegal colonization or construction therein forthwith, or a police officer responsible to provide police assistance for removal of illegal colonization or illegal construction therein, does not provide adequate protection and support shall be punished with a simple imprisonment

which may extend to three years or with fine which may extend to ten thousand rupees or with

both.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

³⁴⁴ Omitted.

340 to

officer subordinaten to it all or any of the powers conferred upon it by or under this Act except the powers under Sections 5,35,36,40(3), 41, 43, 96(3), 129, 131, 162, 328, 335, 336, 346 and 356.

1. (2) The State Government may, by notification, confer on any officer subordinate to it, the powers conferred by or under this Act on the Commissioner, , Collector, or the prescribed authority.
2. (3) The exercise of any power delegated or conferred under sub-section (1) or sub-section (2) shall be subject to such restrictions and conditions as may be specified in the notification.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything not inconsistent with the provisions on this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty.

A copy of any receipt, application, plan, notice order, entry in a register or other document in the possession of a Council shall if duly certified by the legal keeper therof or other person authorized by any bye-law in this behalf, be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case, where and to the same extend as, the original entry or document would,nif produced, have been admissible to prove such matter.

Municipal officer or servant shall, in any legal proceedings to which a Council is not a party, be required to produce any register or document the contents of which can be proved under the proceeding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein unless by order of the Court made for special cause.

The Council may charge such fee as may be prescribed by bye-laws for---

1. (i) any licence granted under this Act.
2. (ii) any permission granted under this Act, for making any temporary erection or for putting up any projection or for the temporary occupation of any public street or any land or building belonging to the Council; and
3. (iii) any application or appeal made to or filed before the Council under this Act, and for giving copies of its orders or other documents.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (iv) the rate of the licence and permission fees shall be revised once in every three years.

All fines imposed by a Court under the provisions of this Act or any rule or bye-law framed thereunder or under any other enactment which may be notified by the State Government in this behalf in respect of offences committed within a Municipality shall be credited to the revenue of the state and the total amount so credited during any financial year shall, after making such deduction on account of cost of collectoion and other incidental expenses as the State Government may determine, be contributed by the State Government to the fund of the Council of such

Power of State Government to delare any area to be sanitary zone.- The State Government may, by notification, declare any area round about any Municipal area, as may be specified therein, to be a sanitary zone attached to such Municipal area, for purposes of sanitation and public health and upon such declaration the Council shall exercise all powers relating to sanitation in that zone.

Every Councillor and every officer or servant employed by a Council, every contractor or agent appointed by it for the collection of any tax and every person employed by such contractor or agent for the collection of such tax shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (XLV of 1860).

No Councillor shall be granted any remuneration or allowance of any kind whatsoever by the Council except with the previous sanction of the State Government and in accordance with the rules made by the State

Inspection of Munici[al works by Councillors.-With the previous sanction to the President and Councillor may inspect any work or institution constructed or maintained in whole or in part out of the Municipal fund.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।