The Madhya Pradesh Metropolitan Region Planning and Development Act, 2025
The Madhya Pradesh Metropolitan Region Planning and Development Act, 2025
1. Short title, extent and commencement
- (1) This Act may be called the Madhya Pradesh Mahanagar Kshetra NiyoJan Evam Vikas Adhiniyam, 2025.
- (2) It shall extends to the whole of the State of Madhya Pradesh.
- (3) It shall come into force from the date of its publication in the Madhya Pradesh Gazette.
2. Definitions
In this Act, unless the context otherwise requires,-
- (a) "Agriculture includes horticulture, farming, raising of annual or periodical crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil, the reserving of land for fodder, grazing or thatching grass, breeding and keeping of live-stock including cattle, horses, donkeys, mules, pigs, breeding of fish, keeping of bees, and the use of land ancillary to the farming of land, but does not include,-
- (i) keeping of cattle purely for the purpose of milking, selling the milk and milk products;
- (ii) a garden which is an appendage of buildings and the expression 'agriculture' shall be constructed accordingly.
- (b) "Amenity" includes roads and streets, metro rail, water, gas and electric supply, open spaces, parks, recreational area, natural features, play grounds, tourist spots, street lighting, drainage, sewerage, digital communication infrastructure and other utilities, services and conveniences as the State Government may, specify by notification to be an amenity for the purpose of this Act,
- (c) "Area Development Plans" means the plans prepared under the provisions of Section 22 of this Act, prepared for a specific area of a zone by the Metropolitan Region Development Authority. The Area Development Plans may identify measures for plot utilisation, fire protection, accessibility, streat design, pedestrianisation, transportation network, infrastructure, parking management, green network including parks and open spaces etc. The regulations identified in the Area Development Plans shall take precedence over the base zone regulations;
- (d) "building" means a house, hut, shed or other structure for whatever purposes and with whatever material constructed and every part thereof, whether temporary or permanent and whether used as human habitation or not and includes a well, latrine, drainage work, fixed platform, verandah, plinth, doorsteps, compound wall, fencing etc. and any work connected therewith but does not include plant or machinery comprised in a building;
- (e) "Committee" means the Metropolitan Planning Committee constituted under section 4 of this Act;
- (f) "Company" means a body corporate registered under the Companies Act, 2013 (No. 18 of 2013) and includes a firm or an association of individuals;
- (g) "Development" with its grammatical variations means the carrying out of a building, engineering, mining or other operation in, or over or under land, or the making of any material change in any building or land or in the use of either and includes redevelopment, reclamation of land, conservation of environment, forming of layouts and sub division of any land;
- (h) "Director" means the Director of Town and Country Planning appointed under Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973);
- (i) "Government" means the Government of Madhya Pradesh;
- (j) "Government Company" means a Government Company or Corporation registered under the Companies Act, 2013 (No. 18 of 2013) which has one of its objects the development of an area;
- (k) "Land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
- (l) "Local authority" means-
- (i) a Municipal Corporation constituted by or under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956);
- (ii) a Municipal Council or Nagar Parishad constituted by or under the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961);
- (iii) a Gram Panchayat constituted under the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No. 1 of 1994).
- (m) "Metropolitan Development and Investment Plan" means a plan prepared and brought into operation under section 17 of this Act;
- (n) "Metropolitan Region" means the area comprising of such areas as the Government may by notification specify from time to time under section 3 of this Act;
- (o) "Metropolitan Region Development Authority" means the Metropolitan Region Development Authority constituted under section 8 of this Act;
- (p) "Occupier" includes-
- (i) a tenant;
- (ii) an owner in occupation of or otherwise using his land;
- (iii) a rent free tenant;
- (iv) a licensee;
- (v) any person liable to pay to the owner, damages for the use and occupation of the land.
- (q) "Owner" means the owner of the land or building and includes a mortgagee in possession, a person who for the time being is receiving or is entitled to receive, or has received, the rent or premium for any land weather on his own account or on behalf of or for the further benefit of any other person or as then agent, trustee, guardian or receiver for any other person or for religious or charitable institutions or who would receive the rent or be entitled to receive the rent or premium if the land were to be let and includes a Head of Government Department, General Manager of a railway and Chief Executive Officer, by whatever name designated, offer local authority, statutory authority, company, corporation or undertaking in respect of properties under their control;
- (r) "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 metropolitan region or for any area; "Prescribed" means the rules, regulations, notifications and orders issued by the Government under the provisions of this Act;
- (t) "Regulation" means a regulation made under this Act;
- (u) "Sectors of Metropolitan development" means and includes traffic and transportation facilities, housing, new townships, circulation network, community facilities, work centers, open spaces and environment, ecological development, leisure, tourism and recreation facilities;
- (v) "Town development scheme" means a scheme prepared for the implementation of the provisions of a Metropolitan Development and Investment Plan by the Metropolitan Region Development Authority;
- (w) "Transfer of the Development Rights" means making available certain amount of additional built up area in lieu of the area relinquished or surrendered by the owner of the land, so that he can use extra built up area either himself or transfer it to another in need of the extra built up area.
3. Declaration of Metropolitan Region
- (1) The Government may, by notification declare the Metropolitan Region consisting of such urban and/or rural areas as a development area for the purposes of this Act.
- (2) The Government may, by notification and in accordance with such rules as may be made in this behalf:-
- (i) alter the limits of the Metropolitan Region so as to include therein or exclude therefrom such areas as may be specified in the notification;
- (ii) amalgamate two or more Metropolitan Region so as to form one Metropolitan Region;
- (iii) divide any region into two or more Metropolitan Region; or
- (iv) declare that the whole or part of the area comprising a Metropolitan Region shall cease to be a Metropolitan Region or part thereof.
4. Constitution of Metropolitan Planning Committee
There shall be constituted for every Metropolitan Region, a Metropolitan Planning Committee.
5. Composition of Committee
- (1) The Committee constituted under section 4 shall consist of such number of members, including a Chairperson, Vice-Chairperson not more than three and a Member Secretary as the Government may determine: Provided that not less than two-thirds of the members of the Committee shall be elected by, and from amongst the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan Region in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area.
- (2) Further, the representation in the committee of the Government of India and the State Government and of such organizations and institutions as may be deemed necessary for carrying out the functions assigned to the committee shall be such as may be notified by the Government, from time to time.
- (3) The manner of election of Members of the committee as mentioned in sub-section
- (1) above and all matters related thereto shall be such as may be prescribed.
6. Special Invitees
- (1) Members of the House of the People and Members of the State Legislative Assembly representing constituencies which are comprised wholly or partly in the Metropolitan Region shall be permanent special invitees to the meetings of the committee.
- (2) The Chairperson of a Municipality, Nagar Parishad and the Mayor of the Municipal Corporation in the Metropolitan Region shall also be the permanent special invitees, in case they are not the elected members of the committee.
7. Functions and Powers of the Committee
- (1) The committee shall prepare a draft Metropolitan Development and Investment Plan for the Region as a whole.
- (2) The committee shall also exercise such powers as mentioned under this Act or may be entrusted to it by the Government in respect of the business of the Metropolitan Planning Committee.
- (3) The Government may prescribe the manner in which the powers so entrusted to it may be exercised.
- (4) While exercising such powers, the committee shall be deemed to be a body subordinate to the Government and shall exercise these powers for and on behalf of the Government.
8. Constitution of the Metropolitan Region Development Authority
- (1) The Government may, by notification constitute the Metropolitan Region Development Authority for the Metropolitan Region notified under section 3.
- (2) The Metropolitan Region Development Authority:-
- (i) shall be a body corporate and shall have perpetual succession and a common seal; and
- (ii) subject to such restrictions imposed by or under this Act, may sue or be sued in its corporate name.
- (3) The Metropolitan Region Development Authority shall consist of the following members:-
- (i) The Chief Minister of Madhya Pradesh, who shall be the Chairman;
- (ii) The Minister of Urban Development and Housing Department, who shall be the Vice-Chairman;
- (iii) The Minister of Panchayat and Rural Development Department, who shall be the Vice-Chairman;
- (iv) The Minister of Revenue Department, who shall be the Vice-Chairman;
- (v) Chief Secretary of Madhya Pradesh;
- (vi) Additional Chief Secretary/Principal Secretary/Secretary to the Department of Urban Development and Housing, Revenue, Transport, Public Works, Environment, Panchayat and Rural Development and Energy;
- (vii) The Divisional Commissioners having their headquarter in the region;
- (viii) Representative of Metropolitan Planning Committee not more than two as nominated by the Chairman of the Committee, constituted under section 4 of this Act;
- (ix) Director, Directorate of Town and Country Planning;
- (x) The Metropolitan Commissioner (not below the rank of Secretary to Government)- Member-Convener,
- (xi) Other person, not exceeding four, to represent specific subject areas, nominated by the Government;
- (xii) Special Invitees:-
- (a) The Commissioner, Municipal Corporations;
- (b) The General Manager, respective Railway Zone;
- (c) Representative of Ministry of Telecom, Government of India;
- (d) Representative of Ministry of Civil Aviation, Government of India;
- (e) The Managing Director of the Madhya Pradesh Metro Rail Corporation Limited (MPMRCL);
- (f) Four Members of the Madhya Pradesh State Legislative Assembly representing the Metropolitan Region, nominated by the Government;
- (g) Three members nominated by the Government from amongst the Mayors of Muncipal Corporations, the Chairpersons of Municipalities and the Chairpersons of District Panchayats included in the Metropolitan Region.
- (4) The members appointed under clause
- (xi) and sub-clause
- (f) and
- (g) of clause
- (xii) of sub-section
- (3) shall hold office for such period and on such a terms and conditions as may be prescribed.
- (5) The Government may, by notification add or omit any member of the Metropolitan Region Development Authority, such notification shall be laid before the State Legislative Assembly.
- (6) The Metropolitan Region Development Authority shall meet at least once in six months, at such place and time as the Chairman may decide.
9. Powers and Functions of the Metropolitan Region Development Authority
Subject to the provisions of this Act, the functions of the Metropolitan Region Development Authority shall:-
- (1) to assist the Committee in preparation of Metropolitan Development and Investment Plan, review and modification 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 (excluding the area falling under jurisdiction of Town and Country Development Authoritys): Provided that if any project or scheme falls under jurisdiction of more than one Town and Country Development Authority, then the execution of such project or scheme shall be taken up by the Metropolitan Region Development Authority as per the said Plan;
- (3) an apex body for co-ordination and execution of projects or schemes for the planned development of the development areas and undertake such other measures in the metropolitan region;
- (4) to co-ordinate the development activities of the Municipal Corporation, Municipalities, other local authorities, Town and Country Development authoritys and other such bodies as are connected with development activities in the Metropolitan 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 Metropolitan 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 Metropolitan 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 Metropolitan Land Bank and take up land acquisition every year as may be necessary for various public purposes, 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 enter into contracts, agreements or arrangements with any person, body or organization as the Metropolitan Region Development Authority may deem necessary for the performance of its functions;
- (11) to acquire any movable or imunovable property by purchase, exchange, gift, lease, mortgage, negotiated settlement, or by any other means permissible under any law;
- (12) 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.
- (13) to undertake any projects, schemes, area development plan etc. as directed by the Government.
10. Constitution of the Executive Committee
- (1) There shall be an Executive Committee of the Metropolitan Region Development Authority consisting of:-
- (i) The Metropolitan Commissioner, who shall be the Chairman;
- (ii) The Commissioner of Municipal Corporations;
- (iii) The Managing Director of the Madhya Pradesh Industrial Development Corporation (MPIDC);
- (iv) The Commissioner of the Madhya Pradesh Housing and Infrastructure Development Board (MPHIDB);
- (v) The Managing Director of the Madhya Pradesh Metro Rail Corporation Limited (MPMRCL);
- (vi) A representative of Madhya Pradesh Public Health Engineering Department not below the rank of Additional Secretary,
- (vii) Representative of Madhya Pradesh Transport Department not below the rank of Deputy Transport Commissioner within his jurisdiction;
- (viii) An officer not below the rank of Joint Director, Town and Country Planning within his jurisdiction;
- (ix) A Member Planning, qualified and experienced in spatial planning, development schemes and projects;
- (x) A Member Engineering, qualified and experienced in execution of development schemes, housing projects, township schemes and infrastructure projects,
- (xi) A Member Finance, qualified and experienced in accounting, budget, finance, economic matters relating to projects, audit, etc.;
- (xii) A Member Estates, experienced in land management, estates management and asset management;
- (xiii) A Member- Environment qualified and experienced environmental aspects, greenery, water bodies conservation and landscaping,
- (xiv) The Secretary to the Metropolitan Region Development Authority who shall be qualified in business management and experienced management executive, who shall be the Member-Secretary to the Executive Committee;
- (xv) The Collectors of all the Districts falling wholly or partially in the Metropolitan Region; and
- (xvi) Three non-officials, nominated by the Government, who in the opinion of the Government have special knowledge and expertise in the matters relating to urban planning, urban management, infrastructure planning and development respectively.
- (2) The members nominated under clause
- (xvi) of sub-section (1), shall hold office for such period and on such terms and conditions as may be prescribed.
- (3) The Government may, by notification add or omit any member of the Executive Committee. Such notification shall be laid before the State Legislative Assembly.
- (4) Subject to the general superintendence and control of the Metropolitan Region Development Authority, the management and administration of the affairs of the Metropolitan Region Development Authority shall vest in the Executive Committee.
- (5) Subject to the direction and delegation of powers by the Metropolitan Region Development Authority, the Metropolitan Commissioner may exercise any power and do any act or thing which may be exercised or done by the Metropolitan Region Development Authority, and such exercise shall be deemed to be done by the Metropolitan Region Development Authority.
11. Powers of Metropolitan Region Development Authority to appoint committees, engage auditors and consultants and constitute functional units
For the discharge of its functions, the Metropolitan Region Development Authority may from time to time:-
- (i) appoint one or more functional committees. The functional committees shall report and discharge their responsibilities under the instructions and directions of the Metropolitan Region Development Authority;
- (ii) 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 Metropolitan Region Development Authority;
- (iii) 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 as it may require. The existing Town and Country Development Authority and Special Area Development authority in the Metropolitan Region constituted under the provisions of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) shall be deemed to be functional units under this Act.
12. Metropolitan Region Development Authority ordinarily not to provide for matters falling within obligatory and discretionary duties of local authority except for integrated development of the Metropolitan Region
Nothing contained in this Act shall empower the Metropolitan Region Development Authority to exercise day to day control which includes building approvals and building enforcement in any Metropolitan Region 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 Metropolitan Region Development Authority for the purpose of integrated development of the Metropolitan Region.
13. Staff of the Metropolitan Region Development Authority
The members in clause
- (ix) to
- (xiv) in sub-section
- (1) of Section 10 shall head their respective Department of planning and projects, engineering, finance and accounts, estate management, environment and administration Departments respectively and shall be under the overall control of the Metropolitan Commissioner.
14. Pension and Provident Fund
The Metropolitan Region Development Authority shall constitute for the benefit of its whole time paid members, officers and other employees in such manner and subject to such conditions as may be prescribed, such pension and provident fund as it may deem fit.
15. Preparation and contents of Metropolitan Development and Investment Plan
- (1) Subject to the provisions of this Act and rules made in this behalf, the Metropolitan Region Development Authority shall assist the committee to prepare a draft of Metropolitan Development and Investment Plan with time frame of minimum fifteen years, having due regard to:-
- (i) proposals and policies for promoting growth and securing economic development in the Metropolitan Area;
- (ii) proposals for conservation, optimum utilization and development of resources in the Metropolitan Area;
- (iii) development plans approved under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973);
- (iv) a plan indicating the broad areas of development and general location of use of land such as habitat areas, arable land, forest cover, barren land, highways, railways, water bodies, mining and queries, etc. and areas for conservation and protection of ecologically fragile areas, including:-
- (a) an infrastructure network plan showing existing and proposals of major infrastrucure facilities like transport, power, communications network and related facilities like power plants, roads, highways, railways, airports and waterways;
- (b) policies for preservation, conservation and development of areas of natural beauty and scenic spots and areas of historic and archaeological importance and tourism areas;
- (c) proposals and policies for watershed management, water supply, water harvesting, recharge of ground water, flood control and prevention of water pollution;
- (d) proposals and plans for water front development;
- (e) proposals and policies for improvement and development of public amenities and services including water supply, electricity, communication, gas, storm water drainage, sewerage, waste disposal, educational facilities, health facilities, social welfare and prevention of air and water pollution;
- (f) policies for promoting development and regulating uses and activities through zoning and other development regulations;
- (g) policies for promoting housing and community facilities;
- (h) proposals and policies for traffic and transportation and promoting mass transportation facilities;
- (i) proposals and policies for industrial development;
- (j) sitting of major development projects;
- (k) strategies and priorities for implementation of the various proposals with time frame and programmes;
- (l) measures relating to rejuvenation of forest areas and prevention of soil erosion;
- (m) suggestive architectural control features; elevation and frontage of buildings and structures;
- (n) any other matter which may be necessary for the orderly development and management of the metropolitan region.
- (2) Undertake surveys, research and studies and the creation and maintenance of Metropolitan Region data base 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) Assist the Committee to review and modification the Metropolitan Development and Investment Plan.
16. Submission of Plan to Government for Sanction
- (1) After preparation of the said plan in accordance with Section 15, the Metropolitan Region Development Authority shall present the same before the Committee for its approval to notify the same in such form and manner as may be prescribed, inviting objections and suggestions from any person or body giving thirty days' time for filing the objections and suggestions.
- (2) The Metropolitan Region Development Authority shall constitute a committee to hear and consider the representation, objections and suggestions that may have been received during the period mentioned in sub-section
- (1) above on the said plan.
- (3) After considering all objections, suggestions and representations that may have been received, the Metropolitan Region Development Authority shall submit it to the State Government with recommendations of the Committee formulated in sub-section
- (2) above and along with its comments for sanction of the Metropolitan Development and Investment Plan.
17. Sanction of plan by Government
- (1) On receipt of the plan under Section 16, the Government shall within a period of three months sanction the said plan with or without modifications or return it to the Metropolitan Region Development Authority to modify the same or prepare a fresh plan in accordance with such directions as the Government may deem appropriate: Provided that the Government may extend the above specified period for another three months if it may deem necessary.
- (2) The sanction accorded by the Government shall be notified in the Madhya Pradesh Gazette and the plan shall come into operation from the date of its publication in the official Gazette.
- (3) The Metropolitan Commissioner shall take necessary action as may be necessary to ensure that development project or scheme is executed in the interest of overall development of the Metropolitan Region and in accordance with any plan, project or scheme duly approved either by the Metropolitan Region Development Authority or under any law in force or by the Government.
18. Modification to the Metropolitan Development and Investment Plan
- (1) The Government may, on its own motion or on the request of the Committee or Metropolitan Region Development Authority, make modification in the Metropolitan Development and Investment Plan as it may thinks fit and which in its opinion are necessary.
- (2) The Metropolitan Commissioner shall prepare a report together with necessary plan, any such modification and submit it to the Government for approval. The provisions of Sections 16 and 17 shall, so far as may be, apply to the modifications under sub-section (1), as these provisions apply in relation to the preparation, publication and approval of a Metropolitan Development and Investment Plan.
- (3) The Metropolitan Region Development Authority shall levy such fees and conversion charges on the owners as applicable and as may be prescribed in any such modification effected to the Metropolitan Development and Investment Plan.
19. Constitution of the Unified Metropolitan Transport Authority
- (1) The State Government may constitute a Unified Metropolitan Transport Authority for the Metropolitan Region as may be prescribed.
- (2) The Metropolitan Region Development Authority shall act as Unified Metropolitan Transport Authority till the constitution of such Authority under sub-section (1).
- (3) The Unified Metropolitan Transport Authority shall ensure effective implementation and coordination of the various traffic and transportation measures undertaken by functional Departments and public agencies in the Metropolitan Region.
- (4) The Unified Metropolitan Transport Authority may co-opt any expert for dealing with specific traffic and transportation issues.
- (5) The Unified Metropolitan Transport Authority may constitute sub-groups for specific traffic and transportation issues.
20. Powers and Functions of the Unified Metropolitan Transport Authority
- (1) The powers and functions of the Unified Metropolitan Transport Authority-
- (i) to oversee implementation of various traffic and transportation measures undertaken by various agencies in the Metropolitan region;
- (ii) to ensure effective public transport systems are in place for the Metropolitan region;
- (iii) to ensure effective coordination and implementation of the various traffic and transportation measures undertaken by various Departments,
- (iv) to promote and monitor key/major traffic and transportation projects;
- (v) to deliberate and recommend effective transportation strategies for Metropolitan region;
- (vi) to integrate and consolidate all the action plans of various Departments and agencies and ensure implementation of the traffic and transportation Plans for the Metropolitan region;
- (vii) to give directions to different agencies involved in the implementation of traffic and transportation policies and measures, including shifting of utilities and services and amenities;
- (viii) processing of funds for implementation of proposals;
- (ix) integrating various routes of public transport and issues of combined ticketing, feeder services etc.
- (x) approval of all traffic and transportation proposals and projects from any agency in the Metropolitan region and all new initiatives;
- (xi) to direct the appropriation or subvention of funds from various Departments and agencies of the Government for ensuring implementation of the traffic and transportation plans and measures in the Metropolitan Region.
- (4) For effective coordination and implementation of transport projects, the concerned department shall take into regard there commendations of the Unified Metropolitan "ransport Authority.
- (5) The Unified Metropolitan Transport Authority shall hold meetings preferably once in three months.
- (4) The Technical support staff and secretarial assistance to the Unified Metropolitan Transport Authority shall be provided by the Metropolitan Region Development Authority.
- (5) Metropolitan Region Development Authority shall build a detailed data base and carry out necessary traffic and transportation surveys to update its data base and also make it available for various studies and to public. The data base would help in monitoring and understanding the various traffic and transportation needs in the Metropolitan region.
21. It should act as a center for technology transfer and also guide the local authorities for all their technical inputs and plans in the field of traffic and transportation.
Development powers of Metropolitan Region Development Authority
- (1) Metropolitan Region Development Authority may take up development of any area falling within the Metropolitan Region excluding the area falling under jurisdiction of Town and Country Development Authoritys for purpose of this Act: Provided that if area development schemes or projects requires development to be taken under jurisdiction of more than one Town and Country Development authoritys, then development of that land shall be taken up by Metropolitan Region Development Authority.
- (2) After coming into operation of the Metropolitan Development and Investment Plan, or any area development plan in an area, no person or body shall use or be permitted to use any land or carry out any development in that area unless the development is in conformity with the Metropolitan Development and Investment Plan, Area Development Plans and notified schemes.
22. Area Development Plan
Subject to overall conformity with the Metropolitan Development and Investment Plan, the Metropolitan Region Development Authority may undertake preparation of area level development plans as deemed necessary for execution of projects and schemes for any sector or area of the Metropolitan Region [excluding the area falling under jurisdiction of Town and Country Development Authoritys].
23. Area Development Plan approval and modification
- (1) As soon as may be after a draft Area Development Plan has been prepared under Section 22, the Metropolitan Commissioner shall publish in atleast two local newspapers having wide circulation in that area, a notice of the said plan 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 Metropolitan Commissioner or any officer so authorized by him, shall consider all objections and suggestions and after making modifications as are considered necessary submit to the Metropolitan Region Development Authority for approval.
- (3) For modification of aforesaid Area Development Plan, the provisions of sub-section [1] and
- (2) above shall be applicable.
24. Town Development Scheme
- (1) The Metropolitan Region Development Authority may undertake to develop a Town Development Scheme within its jurisdiction on its own or authorize any other body to undertake such Town Development Scheme. Such Town Development Scheme shall be in conformity with the infrastructure network of the Metropolitan Development and investment Plan.
- (2) The provisions of Section 19 to 60, sub-section
- (2) of Section 78, clause
- (xiii) of sub-section
- (2) of Section 85 and sub-section
- (3) of Section 87 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) shall mutatis mutandis be applicable for the purpose this Act.
- (3) The Metropolitan Commissioner shall exercise the powers and discharge functions of the Director of Town and Country Planning in respect of such Scheme.
25. Development permission mandatory
Subject to the provisions of this Act, no development shall be undertaken or carried out in the area falling under Area Development Plan including Town Development Scheme without obtaining a Development Permission from the Metropolitan Region Development Authority:
Provided that no such permission shall he necessary-
- (i) for carrying out works for the maintenance, repair or alteration of any building which does not materially alter the external appearance of the building;
- (ii) for carrying out of work for the improvement or maintenance of a highway, road or public street by the Union or State Government or an authority established under this Act or by a local authority having jurisdiction, provided that such maintenance or improvement does not change the road alignment contrary to the provisions of the Town Development Scheme and Area Development Plan;
- (iii) for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables, telephone or other apparatus including the breaking open of any street or other land for that purpose;
- (iv) for the excavation or soil-shaping in the interest of agriculture;
- (v) for restoration of land to its normal use where land has been used temporarily for any other purposes;
- (vi) for use, for any purpose incidental to the use of building for human habitation, or any other building or land attached to such building,
- (vii) for the construction of a road intended to give access to land solely for agricultural purposes.
26. Development undertaken on behalf of Union or State Government
- (1) When the Union Government or the State Government intends to carry out development of any land Metropolitan Region (excluding the area falling under jurisdiction of Director of Town and Country Planning for the purpose of its departments or offices or authorities, the Officer-in-Charge thereof shall inform in writing to the Metropolitan Commissioner the intention of the Government to do so, giving full particulars thereof, accompanied by such documents and plans complying with the provisions of Acts, rules and regulations relating to development, control of the natural hazard prone area as may be prescribed atleast thirty days before undertaking such development.
- (2) Where the Metropolitan Commissioner raises any objection to the proposed development on the ground that the development is not in conformity with the provisions of the Metropolitan Development and Investment Plan, the Officer-in-Charge shall,-
- (i) make necessary modifications in the proposals for development to meet the objections raised by the Metropolitan Commissioner; or
- (ii) subinit the proposal for development together with the objections raised by the Metropolitan Commissioner to the State Government for decision: Provided that where no modification is proposed by the Metropolitan Commissioner within thirty days of the receipt of the plan of the proposed development plan shall be presumed to have been approved to the extent to which the provisions of Metropolitan Development and Investment Plan, Area Development Plan, Town Development Scheme or the rules made under this Act or any other enactment in force, is not violated.
- (3) The State Government, on receipt of the proposals for development together with the objections of the Metropolitan Commissioner shall, approve the proposals with or without modifications or direct the officer to make such modifications in the proposals as it considers necessary in the circumstances.
- (4) The decision of the State Government under sub-section
- (3) shall be final and binding.
- (5) The Government may, by notification, exempt from the operation of this section development of any land undertaken on behalf of the Union or State Government for the purpose of any project or operational construction as may be specified therein.
27. Development by local authority or by any authority constituted under this Act
Where a Local Authority or any authority specially constituted under this Act intends to carry out development on any land for the purpose of that authority, the procedure applicable to the Union or State Government under Section 26 shall, mutatis mutandis, apply in respect to such authority.
28. Application for permission for development by others
- (1) Any person, not being the Union Government, State Government, a local authority or any authority constituted under this Act, intending to carry out any development on any land falling under Town Development Scheme and Area Development Plan, shall make an application in writing to the Metropolitan Commissioner for permission, in such form and containing such particulars and accompanied by such documents complying with the provisions of Acts, rules and regulations relating to development, control of the natural hazard prone area as may be prescribed.
- (2) Such application shall also be accompanied by such fee as may be prescribed.
- (3) An application for modification of the permission granted under Section 29, if not already lapsed, shall also be made to the Metropolitan Commissioner and it shall contain such details, reports and accompanied by such fees as may be prescribed.
29. Grant or refusal of permission
- (1) On receipt of an application under Section 28, the Metropolitan Commissioner may, subject to the provisions of this Act, by order in writing-
- (i) grant the permission unconditionally;
- (ii) grant the permission, subject to such conditions as may be deemed necessary under the circumstances;
- (iii) refuse the permission: Provided that in case of an application under sub-section
- (3) of Section 28, the Metropolitan Commissioner shall not pass any order under clause
- (i) or
- (ii) herein above unless he has heard such persons as may have interest in the proposed modification and considered encumbrances, if any, created in the land or building. The interests and encumbrances that may be considered, procedure for such consideration, manner in which encumbrances, if any, may be remedied and the form or order shall be such as may be prescribed.
- (2) Every order refusing permission shall state the grounds for such refusal.
- (3) Any permission granted with or without conditions shall be in such manner as may be prescribed.
- (4) Every order shall be communicated to the applicant in such manner as may be prescribed.
- (5) If the Metropolitan Commissioner does not communicate his decision whether to grant or refuse permission to the applicant within sixty days from the date of receipt of his application, such permission shall be deemed to have been granted except in so far as it may contravene any rule or regulation or any Town Development Scheme or Area Development Plan approved under this Act or any other enactment for the time being in force to the applicant on the date immediately following the date of expiry of sixty days: Provided that in computing the period of sixty days the period in between the date of requisitioning any further information or documents from the applicant and date of receipt of such information or documents from the applicant shall be excluded.
30. Appeal
- (1) Any applicant aggrieved by an order granting permission on condition or refusing permission under Section 29 and Section 33 may, within thirty days of the date of communication of the order to him, prefer an appeal to such authority, in such manner and accompanied by such fees as may be prescribed.
- (2) The appellate authority may, after giving a reasonable opportunity, to the appellant and the Metropolitan Commissioner to be heard, by order, dismiss the appeal or allow the appeal by granting permission unconditionally or subject to the conditions as modified.
- (3) Subject to the provisions of section 31, the order of the appellate authority shall be final.
31. Revision
The Government may, at any time, but not later than twelve months of the passing of the order, on its own motion or on an application filed by the person aggrieved by any order of the appellate authority under Section 30 within thirty days of the date of communication of such order to him, call for and examine the record of any case disposed of by Metropolitan Commissioner under Section 29 or appellate authority under Section 30 for the purpose of satisfying itself as to the correctness of the order and as to the regularity of any proceeding of the Metropolitan Commissioner or the Appellate Authority and may, when calling such record direct that the execution of the order be suspended. The Government may, after examining the record, pass such order as it thinks fit and its order shall be final and no further application for revision or review thereof shall lie:
32. Provided that no order shall be passed unless the person affected thereby and the Metropolitan Commissioner have been given a reasonable opportunity of being heard.
Lapse of permission Every permission granted under Section 29 or Section 30 or Section 31 shall remain in force for a period of three years from the date of such grant and thereafter it shall lapse. However, the Metropolitan Commissioner may, on an application, extend such period from year to year but the total period shall in no case exceed five years from the date on which the permission was initially granted:
Provided that such lapse shall not bar any subsequent application for fresh permission under this Act:
Provided further that in case execution of the project begins during the validity of the permission granted under section 29 of the Act, the permission shall not be deemed to lapse thereafter at any time and no revalidation shall be required.
33. Revoking of Permission
The Metropolitan Commissioner may revoke any Development Permission issued under this Act whenever it is found that it was obtained by making any false statement or any misrepresentation of any material fact or that the conditions imposed in the permission have been violated or that the provisions of the Act or rules made thereunder have not been observed, by following such procedure as may be prescribed.
34. Deviations during development or construction and action against unauthorized development
- (1) If during the execution of any development or construction, any deviation is made from the Development. Permission granted, the owner shall require to obtain revised sanction as per the procedure laid down in Section 28.
- (2) Where a development or construction is undertaken by an owner, builder or developer without approval or in contravention of the Metropolitan Development and Investment Plan or Town Development Scheme or an Area Development Plan or any rule, regulation and order the local or competent authority concerned shall take immediate necessary steps against the said unauthorized development or construction as per the provisions of the respective law.
- (3) The Metropolitan Region Development Authority may give directions to the concerned local or competent authority to take action against any unauthorized development or construction and the said authority shall take action accordingly.
35. Power of the Metropolitan Region Development Authority in case of default
- (1) If the Metropolitan 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 Metropolitan 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 Metropolitan 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 Metropolitan 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 an arrears of land revenue.
- (3) If the Metropolitan 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 Town Development Scheme or Area Development Plan in the given time, it may required to inform the concerned administrative department to complete the same.
36. Power to acquire land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Any land required, reserved or designated in the Metropolitan Development and Investment Plan or a Town Development Scheme or an Area Development Plan shall be deemed to be 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 (30 of 2013) and may be acquired by the Government on request by the Metropolitan Region Development Authority or local authority or other authority.
37. Transfer of Government land to the Metropolitan Region Development Authority
The Government by order and on such terms and conditions as may be agreed upon between the Government and the Metropolitan Region Development Authority, place at the disposal of the Metropolitan Region Development Authority any developed and undeveloped Government land situated within the jurisdiction of the Metropolitan Development Authority or from the State's Land Bank for the purpose of development in accordance with the provisions of this Act.
38. Acquisition of land by way of Negotiated Settlement
The Metropolitan 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 the regulations.
39. Acquisition of land by way of Transferable Development Right
The Metropolitan Region Development Authority may, with the consent of the owner, acquire land for public purposes by way of according Transferable Development Rights through issue of Development Right Certificate in lieu of payment towards cost of land as prescribed in the Madhya Pradesh Transferrable Development Rights Rules, 2018.
40. Disposal of land and other property by the Metropolitan Region Development Authority
The disposal of any land acquired by the State Government and transferred to the Metropolitan Region Development Authority with or without development thereon, or any other immovable property belonging to the Metropolitan Region Development Authority shall be done as prescribed.
41. Creation and Management of Land Bank
The Metropolitan Region Development Authority shall create and maintain a metropolitan land bank, in which all lands acquired, allotted, purchased, obtained, etc., shall be monitored and maintained and position reviewed periodically.
42. Creation of Metropolitan Development Fund
- (1) The Government shall create a Metropolitan Development Fund with a seed capital of Rupees 200 crores for the purpose of administering this Act.
- (2) The Government shall create a Revolving Fund for the Metropolitan Region Development Authority with a fund of Rupees 100 crores for the purpose of performing its 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.
43. Metropolitan Development Fund and its application
- (1) The Metropolitan Development Authority shall manage and operate the Metropolitan Development Fund to which shall be credited:-
- (i) all moneys received from the State Government by way of revolving fund, grants, loans, advances or otherwise;
- (ii) all moneys borrowed by the Metropolitan Region Development Authority by way of loans or bonds or in any manner from any other source;
- (iii) all moneys received by the Metropolitan Region Development Authority from the disposal of lands, buildings and other properties, movable and immovable;
- (iv) all development charges or other charges, fees received under this Act or rules or regulations made thereunder;
- (v) contribution from Local Authority as determined by the Government;
- (vi) contribution from share of net profit of Town and Country Development Authoritys as determined by the Government,
- (vii) all moneys earned from remunerative projects and schemes by way of rent or otherwise and disposal of its assets;
- (viii) sum of money received from projects implemented under Town Development Schemes;
- (ix) sum of money received by way of user charges;
- (x) any other sum of money received by the Metropolitan Region Development Authority from any other sources for performing its functions.
- (2) The Metropolitan Development Fund shall be applied towards meeting-
- (i) the expenditure incurred in the administration of this Act which shall be maintained in a separate account;
- (ii) the cost of land acquisition and areas mentioned under Town Development Schemes and development schemes undertaken by the Metropolitan Region Development Authority for the proposes of ensuring planned development;
- (iii) any expenses incurred by the Metropolitan Region Development Authority in connection with preparation of Metropolitan Development and investment Plan, undertaking surveys, studies, Investment plans and execution of projects and schemes;
- (iv) for maintaining sinking fund and other separate accounts required under the Act; and
- (v) the expenditure for such other purposes not inconsistent with this Act.
- (3) The Metropolitan Region Development Authority shall maintain a sinking fund for the repayment of loans and moneys borrowed and shall pay every year into the sinking fund such sum as may be sufficient for repayment within the period fixed of all moneys so borrowed.
- (4) The Metropolitan 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 purpose of this Act on such terms and conditions as mutually agreed upon.
- (5) Loans 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.
44. Power to levy specific cess/fee for capital infrastructure projects
Subject to the approval by the Government, the Metropolitan Region Development Authority may levy specific cess/fee for the implementation of specific capital infrastructure projects and upon such terms and conditions as the Government may specify.
45. Budget of the Metropolitan Region Development Authority
- (1) The Metropolitan Region Development Authority shall prepare in such form and at such time every year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the Metropolitan Region Development Authority and shall forward to the State Government as may be prescribed.
- (2) The accounts of the Metropolitan Region Development Authority shall be subject to audit annually by such person as may be appointed by the State Government. Any such expenditure incurred in connection with such audit shall be borne by the Metropolitan Region Development Authority.
- (3) The accounts of the Metropolitan 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 State Government, and the State Government shall cause a copy of the same to be laid before the State legislature.
46. Annual Plan and Report
The Metropolitan 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 State Government in such form and on or before such date as may be prescribed.
47. Levy of Development Charge
- (1) Subject to the provisions of this Act and rules for levy made thereunder, the Metropolitan Region Development Authority shall levy a charge, hereinafter called development charge for carrying out of any development 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 on behalf of Union or State Government or local authority or Town and Country Development Authority or any Authority created under this Act.
48. Assessment and Recovery of Development Charge
- (1) The Metropolitan Region Development Authority shall after receipt of any application received for Development Permission or if no such application is made, serve a notice on 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 interest as may be prescribed.
- (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 or extensions in which case, fresh development charges shall be applicable.
- (3) The development charge payable in respect of any land and/or building by any person shall, together with interest due upto the date of realization, be recoverable from such person or his successor in interest on such land and/or building as an arrears of land revenue.
- (4) The Metropolitan Region Development Authority may allow the development charge to be remitted in phased manner in case of phase-wise development.
- (5) The Metropolitan 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.
49. 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 Metropolitan Region Development Authority, the Metropolitan Region Development 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 as may be prescribed.
- (3) The Metropolitan 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 developer or agency including as 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.
- (4) The provisions of Section 47 above shall mutatis mutandis apply to this Section.
50. Recovery of arrears
Any sum due to Metropolitan 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 Metropolitan Region Development Authority, shall be recoverable by the Metropolitan Region Development Authority, as an arrears of land revenue.
51. Directions by the State Government
- (1) In the discharge of its functions, the Metropolitan Region Development Authority shall be guided by such directions in matters of policy involving public interest as the Government may give to it in writing.
- (2) If any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the Government thereon shall be final.
- (3) The Government may issue directions and or prescribe through orders for ease of functions to be carried out for the purpose of implementation of this Act or rules prepared thereunder.
- (4) 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 Metropolitan 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 directions in relation thereto as it may deem fit:
52. Provided that the Government shall not pass an order adversely affecting any person or body without giving such person or body an opportunity of being heard.
Returns and Information
- (1) The Metropolitan Region Development Authority shall furnish to the Government such reports, returns, records and other information as the Government may, require from time to time.
- (2) The Government may, call for reports, returns, records and other information from the Metropolitan Region Development Authority or any public agency responsible, in regard to-
- (i) preparation of the Metropolitan Development and Investment Plan, Town Development Scheme or Area Development Plan;
- (ii) implementation of the Statutory Plan, Scheme or Programme or authorize an officer in this behalf;
- (iii) any officer authorized by the State Government may enter into or upon any land with or without assistants or workmen for ascertaining whether provisions of the Metropolitan Development and Investment Plan, Town Development Scheme, Area Development Plan, 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 Metropolitan Region Development Authority shall comply with such directions, guidelines or instructions as may be given by the State Government with regard to the above aspects.
53. Right of entry and power to demarcate alignments and reservation
- (1) The Metropolitan Commissioner may, authorize any person to enter into any land or building with or without assistance or workmen for the purpose of-
- (i) making any enquiry, inspection, measurement or survey or taking levels of such land or building;
- (ii) examining works under construction and ascertaining the course of public utilities and drains etc.;
- (iii) digging or boring into the sub-soil;
- (iv) setting out boundaries and demarcation of intended alignment of roads, public utilities and other works;
- (v) making such levels, boundaries, demarcations and lines by placing marks and cutting trenches;
- (vi) ascertaining whether any land or property is being affected in the Metropolitan Developent and Investment Plan, Town Development Scheme, Area Development Plan, Road, Public utilities and amenities, Alignments etc;
- (vii) for grounding of new alignment of roads, road widening, alignment of new communication network and services in any land;
- (viii) 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; and
- (ix) doing any other thing necessary for the implementation of the Metropolitan Development and Investment Plan, Town Development Scheme, Area Development Plan or other provisions for the efficient administration of this Act: Provided that-
- (i) in case of any building used as a dwelling house, or upon any enclosed part of garden attached to such building, no such entry shall be made except between the hours of sunrise and sunset, or without giving its occupier at least 24 hour notice in writing of the intention to enter;
- (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 had 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 or 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 or building or property.
- (2) Any person who obstructs the entry of an officer empowered or duly authorized under this section to enter into or upon any land or building or molests such officer, after such entry shall, on conviction he shall be punished with a fine which may extend to rupees five thousand.
54. Power to delegate
- (1) The Metropolitan Region Development. Authority may by resolution delegate any power exercisable by it and the Metropolitan Commissioner, under this Act or rules or regulations made thereunder may also be exercised by any authority or officer subordinate to the Metropolitan Region Development authority or Metropolitan Commissioner, as the case may may be, in such cases and subject to such conditions, if any, as may be prescribed.
- (2) The Government may, by notification, direct that any power exercisable by the Government or the Metropolitan Region Development Authority or the Metropolitan Commissioner 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 prescribed.
55. Overriding effect to provisions of this Act
For the purpose of this Act, notwithstanding anything inconsistent therewith contained in the Madhya Pradesh Municipal Corporations Act, 1956 (No. 23 of 1956), the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961), the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No. 1 of 1994) and the Madhya Pradesh Investment Region Development and Management Act, 2013 (No. 24 of 2013) or any other law, the provisions of this Act shall prevail.
56. Plans already prepared and sanctioned
Any Development Plan, Town Development Scheme, Zoning Plan under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973), any Town Planning Scheme under the Madhya Pradesh Municipal Corporations Act, 1956 (No. 23 of 1956) and the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961), development scheme under the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No. 1 of 1994) and any other plan of local authority, sanctioned by the Government before the commencement of this Act, with respect to any area now forming part or whole of the Metropolitan Region shall continue to be in force.
57. Power of Metropolitan Region Development Authority to give directions
- (1) Notwithstanding anything contained in any other law for the time being in force, the Metropolitan 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 development approved under this Act or demarcations of roads, right of way for facilities etc., fencing of open spaces amenity reservations etc. as it may 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) above, and recover expenses, if any, incurred therefore from the body concerned.
58. Power to make rules
- (1) The Government, suo-moto or on request of Metropolitan Region Development Authority, may by notification, make rules to carry out the functions of the Metropolitan Region Development Authority and to carry out the purpose of this Act.
- (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 and Metropolitan Commissioner;
- (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 Metropolitan Region Development Authority;
- (iii) the procedure to be followed in connection with the preparation, publication, submission and approval of the Metropolitan Development and Investment Plan, Area Development Plan 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) the form and manner of maintaining the Metropolitan land bank, handing over of Government lands to the Metropolitan Region Development Authority and requisition of lands for acquisition every year by the Metropolitan Region Development Authority;
- (vi) the procedure for assessment, levy and collection of development charge, rates of development charge and calculation and assessment for land and buildings;
- (vii) the duties and responsibilities and powers of the Metropolitan Commissioner, Member-Urban Planning, Member-Engineering, Member-Environment, Member-Estates, Secretary and the Member-Finance of the Metropolitan Region Development Authority;
- (viii) the functioning and conduct of meetings and any other matters relating to the powers and functions of the Metropolitan Region Development Authority and the Executive Committee;
- (ix) any other matter which has to be or may be made by rules.
59. Power to make regulations
- (1) The Metropolitan Authority may, with the prior approval of the Government, from time to time, make regulations, not inconsistent with provisions of the Act and the rules made thereunder, for all or any of the matters to be provided under this Act by regulations and generally for all other matters for which provision is in the opinion of the Authority, necessary for the exercise of its powers and the discharge of its functions under this Act.
60. Development Plans to be in consonance with Metropolitan Development and Investment Plan
On and from the coming into operation of the sanctioned Metropolitan Development and Investment. Plan, all development plans made under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) thereafter shall be in consonance with the Metropolitan Development and Investment Plan.
61. Indemnity
No suit, prosecution or other legal proceedings shall lie against any member or any officer or other employee of the Metropolitan Region Development Authority or any member of committees constituted under this Act for anything done in good faith under this Act.
62. Non prohibition of functions under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973
Nothing contained in this Act shall prohibit the Government, Director or any Town and Country Development Authority to carry out its functions as mentioned in the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973).
63. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act or rules made thereunder, the Government may, by notification, issue instructions not inconsistent with the objects and purposes of this Act, which appear it to be necessary or expedient for the purpose of removing the difficulty.
64. Dissolution of Authority
- (1) Where the Government is satisfied that the purposes for which the authority was established under this Act, have been substantially achieved or the authority has failed in its objectives, so as to render the continued existence of the authority unnecessary, it may by notification in the Official Gazette, declare that the authority shall be dissolved with effect from such date as may be specified in the notification and the authority shall be deemed to be dissolved accordingly.
- (2) From the said date-
- (i) all properties, funds and dues which are vested in or realizable by the Authority shall vest in, or be realizable by the Government;
- (ii) all liabilities which are enforceable against the Authority shall be enforceable against the Government;
- (iii) for the purpose of carrying out any development which has been carried out by the authority and for the purpose of realizing properties, funds and dues referred to in clause (a), the functions of the authority shall be discharged by the Government.
- (3) Nothing in this section shall be construed as preventing the Government from reconstituting the authority in accordance with the provisions of this Act.
PDF: pending for this language.