Bare Act
The Madhya Pradesh Town and Country Planning Act, 1973
1. Short title, extent, commencement and application
(1) This Act may be called the Madhya Pradesh Town and Country Planning Act, 1973. (2) It extends to the whole of Madhya Pradesh. (3) Notwithstanding anything contained in any judgment, decree or order of any court, the areas situated beyond the limits of the Municipal Corporation, Indore, included in the Indore Planning Area constituted under sub-section (1) of section 13 of the principal Act by the Madhya Pradesh Government, Town and Country Planning Department Notification No. 515-F-I-20-33-73, dated 13th February 1974 shall be deemed to be valid and to have always been valid and accordingly all actions taken or things done by the Government or by any officer of the Government or by any other authority in connection with the enforcement of the provisions of the principal Act or any other law for the time being in force in the said Planning Area shall for all purposes be deemed to have been done in accordance with law and shall always be deemed to have been done in accordance with law. (4) Nothing in this Act shall apply to— (a) the lands vested in or under the control of any cantonment authority under the Cantonments Act, 1924 (No. 2 of 1924) ; (b) the lands owned, leased or requisitioned by the Central Government for the purposes of the Navy, Army and Air Force or for the purposes of any other Defence establishment; (c) the lands under the control of the Railway Administration for the purpose of construction and maintenance of works under Chapter III of the Indian Railways Act, 1890 (No. 9 of 1890).
2. Definitions
(a) "Agriculture" includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil, breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees and the use of land which is ancillary to the farming of land; but does not include-- (i) the keeping of cattle for the sole purpose of milking and selling of milk and milk products; (ii) any garden which is an appendage to a building; and the expression "Agricultural" shall be construed accordingly. (b) "Amenity" includes roads and streets, water and electric supply, open spaces, parks, recreational grounds, natural features, play grounds, lighting on roads, drainage, sewage disposal and other utility services, services and facilities. (c) "Building" means a house, hut, shed or other structure for whatsoever purpose and of whatsoever material constructed and every part thereof, whether used as human dwelling or not, and includes well, latrines, drainage works, fixed platforms, verandah, plinth, doorstep, staircase, compound wall, fence and the like and any other work appurtenant thereto but does not include plant or machinery embedded in a building. (d) "Building operations" includes-- (i) erection or re-erection of a building or any part thereof; (ii) roofing or re-roofing of any part of a building or open space; (iii) any material alteration or enlargement of any building; (iv) any such alteration of a building as is likely to alter its drainage or sanitary arrangement or otherwise materially affect its stability; (v) the construction of a door opening on any street or land not belonging to the owner. (i-a) "Natural hazard" means the probability of occurrence of loss resulting from the potential of natural event within a specific period; (i-b) "Natural hazard prone areas" means areas likely to be (i) highly seismic prone zones; (ii) flood or inundation prone areas; (iii) areas prone to land slides or slope instability; (iv) areas with one or more of these hazards. (e) "Commercial use" means the use of any land or building or part thereof for the purpose of carrying on any trade, business or profession or for the sale or exchange of goods of any type and includes the running of hospitals, nursing homes, educational institutions, hotels, restaurants and boarding houses (not being attached to any educational institution) and sarais, and also includes the use of any land or building for storage of goods or as an office, whether attached to an industry or not. (f) "Development" and its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in the use of any building or land and includes sub-division of any land. (g) "Development Plan" includes an outline development plan. (h) "Director" means the Director of Town and Country Planning appointed under this Act. (i) "Existing land use map" means a map indicating the use to which lands in any specified area are put at the time of preparing the map and includes the register prepared along with the map giving details of land use. (j) "Land" includes benefits to arise out of land and things attached to the earth or permanently fastened to any thing attached to the earth. (k) "Local authority" means-- (i) any Municipal Corporation constituted under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956); (ii) any Municipal Council or Nagar Panchayat constituted under the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961); (iii) any Gram Panchayat constituted under the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994). (l) "Member" means a member of the Town and Country Development Authority or of a Special Area Development Authority, as the case may be and includes its Chairman. (m) "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 who is liable to pay to the owner damages for the use and occupation of the land. (n) "Owner" includes a mortgagee in possession and any person who for the time being is receiving or is entitled to receive, or has received the rent or premium for any land or building whether on his own account or on behalf of or for the benefit of any other person or as an agent, trustee, guardian, manager or receiver for any other person or for any religious or charitable institution or who would so receive the rent or be entitled to receive the rent or premium if the land were let to a tenant; and includes the head of a government department, the general manager of a railway and the chief executive officer of any local authority, statutory authority, company, corporation or undertaking by whatever name designated in respect of properties under their control. (o) "Planning area" means any area declared to be a planning area under this Act (and the expression "non-planning area" shall be construed accordingly). (o-o) "Reconstituted plot" means a plot which is altered in consequence of the preparation of a town development scheme. (p) "Region" means any area established to be a region under this Act. (q) "Regional plan" means a plan for a region prepared under this Act and approved by the State Government. (r) "Slum" means any area declared as a slum area under section 3 of the Madhya Pradesh Slum Areas (Improvement and Clearance) Act, 1976 (No. 39 of 1976). (s) "Special area" means any special area designated as such under section 64. (t) "Special Area Development Authority" means any authority constituted under section 65. (u) "Town Development Scheme" means any scheme prepared by the Town and Country Development Authority for the implementation of the provisions of a development plan and includes "scheme". (v) "Town and Country Development Authority" means any authority constituted under section 38. (w) "Zonal" means a part of a planning area for which a detailed zonal plan has been prepared under a development plan. (x) [Deleted]. Section 2(t)(2),(3) relating to inclusion of Nagar Panchayat and Gram Panchayat under Local Authority; Section 2(ch) definition of District Planning Committee.
3. Director and other officers
(1) The State Government shall appoint a Director of Town and Country Planning for the State and may appoint one or more officers of the following classes to assist him, namely: (a) Additional Director of Town and Country Planning; (b) Joint Director of Town and Country Planning; (c) Deputy Director of Town and Country Planning; (d) Assistant Director of Town and Country Planning; (e) Such other classes of officers as may be prescribed. (2) The Director shall exercise such powers and perform such duties as may be conferred or imposed on him by or under this Act, and the officers appointed to assist the Director shall, within such areas as the State Government may specify, exercise such powers and perform such duties as are conferred or imposed on the Director by or under this Act, as the State Government may by special or general order direct. (3) An officer appointed to assist the Director shall be subordinate to him and shall perform his duties under his guidance, supervision and control.
4. Establishment of regions
(1) The State Government may, by notification-- (a) declare any area in the State to be a region for the purpose of this Act; (b) define the limits of such area; and (c) specify the name by which such region shall be known. (2) The State Government may, by notification, change the name of any such area and upon such change the reference to such region in any law or paper or other document shall be deemed to be a reference to the renamed region unless otherwise expressly provided or required by the context. (3) The State Government may, by notification-- (a) alter the limits of any region so as to include in or exclude from such region such area as may be specified in the notification; (b) merge two or more regions so as to constitute one region; (c) divide any region into two or more regions; or (d) declare that the whole area or any part thereof which constitutes a region shall cease to be a region or part thereof. (5) Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of the Director to-- (i) survey the regions; (ii) prepare existing land use maps; and (iii) prepare regional plans. (6) (1) The Director shall, with a view to preparing the existing land use map and such other maps as may be necessary for the purpose of a regional plan-- (a) carry out such surveys as may be necessary.
5. Duties of the Director
Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of the Director to— (1) carry out surveys of the regions; (2) prepare map showing the present use of land; and (3) prepare a regional plan.
6. Director to prepare regional plan and surveys
(1) With a view to preparing the map showing the present use of land and such other maps as may be necessary for the purpose of a regional plan, the Director shall— (a) carry out such surveys as may be necessary; (b) obtain from any department of the Government and any authority such maps, survey reports and land records as may be necessary for the purpose. (2) It shall be the duty of the local authority and other authorities referred to in sub-section (1) to furnish such maps, reports and records as may be required by the Director as quickly as possible. (6) The committee constituted under sub-section (5) shall consider the objections and suggestions and give hearing to such persons as desire to be heard and shall submit its report to the Town and Country Development Authority within such time as it may fix, with the following proposals:— (i) to define and demarcate the areas allotted or reserved for public purposes; (ii) to demarcate the reconstituted plots; (iii) to value the original and reconstituted plots; (iv) to determine whether the areas reserved for public purposes are fully or partially beneficial to the residents within the area of the scheme; (v) to estimate or distribute the compensation to be given to or the contribution to be levied from the beneficiaries of the scheme, in respect of the reconstitution of plots and reservation of portions for public purposes; (vi) to value the increment in the value of each reconstituted plot and to determine the development contribution leviable on the holder of the plot; Provided that the contribution shall not exceed more than half of the increment accrued in the value. (vii) to value the decrease in the value of any reconstituted plot and to determine the compensation payable for the same.
7. Content of regional plan
A regional plan shall indicate the manner in which the land in the region shall be used, the schedule of development, the network of communications and transport, the proposals for the conservation and development of natural resources and in particular it shall indicate the following:— (a) the allocation of land for purposes such as residential, industrial, agricultural, or for forests or for mineral exploitation; (b) the reservation of open spaces for the purposes of recreation, gardens, tree belts and animal sanctuaries; (c) the position and development of the axis of transport and communications such as roads, railways, waterways and airports; (d) requirements and suggestions for the development of public utility services such as water supply, drainage and power; (e) allocation of areas to be developed as "special areas" so that new towns, urban centres, industrial estates or any other type of large projects may be established; (f) landscaping of areas and their preservation in their natural state; (g) measures relating to prevention of erosion including reclamation of forest areas; (h) proposals relating to sectors concerning irrigation, water supply or flood control. (7) Immediately after the town development scheme is approved with or without modifications under sub-section (4), the Town and Country Development Authority shall publish the final town development scheme in the Gazette and in such other manner as may be prescribed and shall specify the date from which the said (scheme) shall come into force.
8. Preparation of regional plan
(1) After the map showing the present use of land is ready, the Director shall cause to be prepared a draft regional plan and publish it by making a copy thereof available for inspection and by publishing such notice in such form and manner as may be prescribed, inviting objections and suggestions in respect of the draft plan from any person before such date as may be specified in the notice, not being earlier than sixty days from the publication of such notice. Such notice shall specify the following particulars in respect of the draft plan, namely:— (a) the map showing the present use of land and a descriptive report thereon; (b) a descriptive report certified by the necessary maps and charts explaining the provisions of the draft plan; (c) a note indicating the priorities given for the works included in the draft plan and the schedule of development programme accordingly; (d) a note on the work assigned to different departments of the Government, Town and Country Planning authorities, special area development authorities and local authorities in respect of the implementation and execution of the draft plan. (2) The Director shall consider all such objections and suggestions as may be received by him within the period specified in the notice under sub-section (1) and after giving a reasonable opportunity of being heard to all persons affected thereby, shall prepare the regional plan, which shall incorporate such modifications, if any, as he deems necessary and shall submit it (regional plan) to the State Government for approval with all relevant documents, plans, maps and charts.
9. Finalisation of regional plan
(1) The State Government may approve the draft regional plan submitted under section 8 with or without modifications or may reject it or return it to the Director for reconsideration. (2) Immediately after the draft regional plan is approved under sub-section (1), the State Government shall publish a notice in such manner as may be prescribed, stating that the regional plan has been approved and specifying the place where a copy of such plan may be inspected at all reasonable times, and shall specify in such notice the date on which the regional plan shall come into operation: Provided that where the State Government approves the regional plan with modifications, it shall not be published unless the State Government has published such modifications in the Gazette along with an notice inviting objections and suggestions in respect of them within such period as shall not be less than thirty days from the date of publication of such notice, and has considered such objections and suggestions after giving a reasonable opportunity of being heard to the persons affected by them.
10. Restrictions on land use or development thereof
(1) Notwithstanding anything contained in any other law for the time being in force, on or after the date of publication of the draft regional plan, no person, authority, department of the Government or any other person shall change the use of any land from agricultural to any other purpose or execute any development in respect of any land which is contrary to the provisions of the draft plan without the prior approval of the Director or such officer authorized by the Director, not being below the rank of Deputy Director. (2) Notwithstanding anything contained in any law for the time being in force, the permission referred to in sub-section (1) shall be granted only in conformity with the provisions of the draft plan or final plan and not otherwise, and the grant of any such permission shall not be construed as conferring any legal right on the person to whom it is granted. (3) If any work is executed in contravention of the provisions of this section, the Municipal Corporation or Municipal Council within its local area and the Collector for areas outside such local area may get such work removed or demolished at the cost of the defaulter, which cost shall be recovered from him in the same manner as arrears of land revenue: Provided that no action shall be taken under this sub-section unless the concerned person has been given a reasonable opportunity of being heard and has been required by notice to remove or demolish the work within the time specified in the notice. (4) Any person aggrieved by the order of the Municipal Corporation, Municipal Council or the Collector, as the case may be, requiring the removal or demolition of a work, may appeal to the Director within 15 days of the receipt of the notice under sub-section (3), and the order of the Director in such appeal shall be final.
11. Exemption from claims of compensation in certain cases
Where the final regional plan assigns a specific use of land for any area, and any land situated therein is already being used for such use, subject to restrictions as are substantially similar to those imposed by or under this Act, which were in force on the date the restrictions were imposed by or under this Act, and if any compensation in respect of such restrictions has already been paid to the claimant or to any predecessor-in-interest of the claimant under any other law for the time being in force regarding that property or any right or interest therein, then the owner shall not be entitled to any other compensation for any loss or damage to his rights due to the restrictions imposed on the use of land under the provisions of this Act.
12. Review of regional plan
(1) The Director may, suo motu, at any time after the regional plan comes into operation, undertake the work of review and evaluation of the regional plan and may make such modifications therein as are justified by the circumstances, or if so required by the State Government, undertake the work of review and evaluation of the regional plan at any time after it comes into operation and shall make such modifications therein as are justified by the circumstances. (2) The preceding provisions of this Chapter shall, so far as they can be made applicable, apply to the modifications under sub-section (1) as they apply to the preparation, publication and approval of the regional plan.
13. Director
Section 13(3): Director is empowered to carry out proceedings according to the Act in relation to Planning Area.
14. Use of land and development of land
Section 14(c): [Repaled].
15. Map of present land use
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16. Control of land development and land use
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17. Preparation of Development Plan
Amendment to initial part; consideration of draft Development Plan by District Planning Committee under District Planning Committee Act.
17A. Constitution of Committee
(1) The State Government shall constitute a Committee which shall consist of the following, namely:— (a) Mayor or President of the Municipal Corporation or Municipal Council or Nagar Panchayat as the case may be, falling wholly or partly within the planning area; (b) President of the Zila Panchayat falling wholly or partly within the planning area; (c) Member of Parliament representing the constituencies falling wholly or partly within the planning area; (d) All members of the State Legislative Assembly representing the constituencies falling wholly or partly within the planning area; (e) Chairman of the Town and Country Development Authority or Special Area Development Authority, if any, falling wholly or partly within the planning area; (f) President of the Janpad Panchayat falling wholly or partly within the planning area; (g) Sarpanch of the Gram Panchayats falling wholly or partly within the planning area; (h) Not more than seven other persons representing specified interests, who shall be nominated by the State Government; (i) An officer not below the rank of Deputy Director of Town and Country Planning, who shall be nominated by the Director, who shall be the convener of the Committee. (2) The Committee constituted under sub-section (1), after the publication of the draft development plan under section 18, shall hear objections and shall suggest modifications or alterations if any, to the Director. (3) The convener of the Committee shall record all such suggestions, modifications and alterations in respect of which recommendations have been made by the Committee under sub-section (2) and shall thereafter forward its report to the Director. Constitution of Development Plan Committee.
18. Publication of Draft Development Plan
(1) The Director shall publish the draft development plan prepared under section 14 and a notice in such form as may be prescribed, inviting objections and suggestions in writing from any person with respect to the draft development plan within thirty days from the date of publication of such notice, and specifying the place or places where copies of the same may be inspected. Such notice shall contain the following particulars, namely:— (i) A map showing the current land use; (ia) Natural hazard-prone areas along with details of natural hazards; (ii) An explanatory report consisting of the provisions of the draft development plan supported by maps and charts; (iii) The phasing of the implementation of the draft development plan as suggested by the Director; (iv) The provisions for enforcing the draft development plan and the manner in which the permission for development may be obtained; (v) Estimated cost for acquisition of land for public purposes and estimated cost of works involved in the implementation of the plan. (2) The Committee constituted under sub-section (1) of section 17A shall, within a period of not more than ninety days after the publication of the notice under sub-section (1), consider all objections and suggestions received within the period specified in the notice under sub-section (1) and after giving a reasonable opportunity of being heard to all persons affected thereby, shall suggest such modifications in the draft development plan as it may consider necessary and shall submit the plan so modified along with all relevant documents, plans, maps and charts to the Director within a period of not more than six months after the publication of the draft development plan. (3) The Director shall, within thirty days of the receipt of the plan and other documents from the Committee, submit all documents and plans so received, along with his review, to the State Government.
19. Sanction of Development Plan
(1) After the submission of the development plan under section 18, the State Government may, as soon as may be, either approve the development plan or approve it with such modifications as it may consider necessary, or return it to the Director to modify it or to prepare a new plan in accordance with such directions as the State Government may consider appropriate. (2) Where the State Government approves the development plan with modifications, the State Government shall, by a notice published in the Gazette, invite objections and suggestions in respect of such modifications within a period of not less than thirty days from the date of publication of such notice in the Gazette. (3) After considering the objections and suggestions and after hearing the persons who desire to be heard, the State Government may confirm the modifications in the development plan. (4) The State Government shall publish a public notice in the Gazette and in such other manner as may be prescribed, regarding the approval of the development plan approved under the preceding provisions and the place or places where copies of the approved development plan may be inspected. (5) The development plan shall come into force from the date of the publication of the said notice in the Gazette under sub-section (4) and shall be binding on all the development authorities constituted under this Act and on all local authorities operating within the planning area.
20. Preparation of Zonal Development Plans
The local authority shall, after the publication of the development plan, either on its own motion at any time, or if so required by the State Government, within six months of such requisition, prepare a zonal development plan. Preparation of Zonal Development Plans.
21. Contents of Zonal Development Plan
(1) The zonal development plan shall define in detail the land use as indicated in the development plan and shall -- (a) specify the land which is to be acquired for public purposes for the Union Government, State Government, Town and Country Development Authority, Special Area Development Authority, local authority, public utility or any other authority established under any law for the time being in force : Provided that no land shall be designated as such unless the acquisition proceedings are likely to be completed within ten years of the preparation of the plan; (b) define in detail and provide for, areas reserved for agriculture, public or semi-public open spaces, parks, playgrounds, gardens, recreational areas, green belts and nature reserves; (c) set out in detail the allocation of areas or zones for residential, commercial, industrial, agricultural and other purposes; (d) define and provide for the pattern of complete road and street layout for present and future, and indicate the traffic circulation; (e) specify in detail the road and street improvements; (f) specify and provide for areas reserved for public buildings, institutions and civic development; (g) specify the future requirements, make layouts and provide for community facilities, services and public utilities like municipal, transport, power, water and drainage; (h) specify in detail the regulations regarding the zoning for each zone with a view to facilitate single-plot development and to regulate the location, height, number of storeys and size of buildings and other structures, the size of yards, courts and other open spaces and the use of buildings, structures and land; (i) define areas which have been poorly laid out or developed in such a manner that they have become slums and provide for their proper development or re-location; (j) designate areas for future development and expansion; (k) indicate the phasing of the development programme. (2) The zonal development plan shall include-- (a) control of architectural features, elevation and frontage of buildings and structures; (b) development details for specific areas for housing, market centres, industrial estates, educational and cultural institutions and civic centres.
22. Application of sections 18 and 19 to zonal development plan
The provisions of sections 18 and 19 shall apply in relation to the preparation, publication, approval and enforcement of a zonal development plan as they apply in relation to a development plan.
23. Review and revision of development plan or zonal development plan
(1) The Director may, suo motu, undertake the review and evaluation of the development plan or if so required by the State Government, shall undertake the review and evaluation of the development plan. (2) The Director may, if necessary, propose modifications of the plan under sub-section (1). (3) The Director shall, if so required by the State Government, undertake the proceedings for review of any investment unit of any development plan and propose modifications. (4) The local authority may, suo motu, or if so required by the State Government or the Director, undertake the review and evaluation of the zonal development plan. (5) The provisions of sections 18 and 19 shall, as far as may be, apply to the modifications under sub-section (2), to the review and modification under sub-section (3) and to the review and evaluation under sub-section (4) as they apply in relation to the preparation, publication and approval of a development plan. Explanation -- For the purposes of this section, "investment unit" means the area shown as an investment unit in the development plan. Modification to criteria for Review or modification; change in duration from one year to three years and three years to five years.
23D. Modification in Development Plan or Zonal Development Plan by State Government in certain circumstances
(1B) The State Government may, on an application by a person or persons for modification of the development plan or zonal development plan for the purpose of undertaking any activity or scheme which is considered beneficial for society by the State Government or the Director on the advice of a committee constituted for this purpose by the State Government, make such modifications in the development plan or zonal development plan as it considers necessary in the circumstances of the case, and the modification so made in the development plan or zonal development plan shall be an integrated part of the revised development plan or zonal development plan.
24. Control of development and use of land by State Government
(1) The overall control of development and use of land in the State shall vest in the State Government. (2) Subject to the provisions of sub-section (1) and subject to the rules made under this Act, the overall control of development and use of land in an investment region shall vest in the Director from such date as the State Government may, by notification, appoint in this behalf. (3) The State Government may make rules for regulating the control of development and use of land in the investment region and non-investment region in the State and may, by notification, apply such rules to any investment region or non-investment region from such date as may be specified therein, where such rules are applied to any non-investment region, the boundaries of such non-investment region shall be defined in such notification. (4) From the date of application of such rules to any investment region, the provisions of this Chapter shall, in relation to the application of such rules to that investment region, be subject to the provisions of such rules. (5) From the date of application of such rules to any non-investment region, the following consequences shall ensue, namely: (i) the relevant provision of the law relating to the local authority by which the local authority is empowered to control the development and use of land, or any other such enactment under which such authority has been constituted and the rules or bye-laws made thereunder, if any, shall not apply to the area included within the limits of such local authority or any other authority, as the case may be. (ii) that local authority or any other authority, whose duty it is under any law relating to the local authority or under any other enactment for the time being in force to control the development and use of land, shall, notwithstanding anything contained in any such law or enactment, be bound to give effect to the provisions of the rules made under this Act.
24D. Construction of additional floor in residential building
24D Where, under the provisions of this Act or the rules made thereunder or under the provisions of any other law for the time being in force regulating the construction of a residential building, which has been enacted under Entry 5 of the State List of the Seventh Schedule to the Constitution of India, or under any rules, regulations, or bye-laws made thereunder, construction of less than three floors is permissible, then, notwithstanding anything contained in the former Act or law or rules or regulations or bye-laws, it shall be permissible to construct a plan for one additional floor in such residential building, subject to the approval under the aforementioned Act or law.
25. Conformity to development plan
(1) After the coming into operation of the development plan, the use and development of land shall conform to the provisions of the development plan: Provided that the Director may, in his discretion, allow the use of any land to be continued for the purpose for which it was being used at the time of the coming into operation of the development plan: Provided further that such permission shall not be granted for a period exceeding seven years from the date of coming into operation of the development plan. (2) Notwithstanding anything contained in Section 172 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959), every permission for diversion of land which has been granted under that section shall be subject to the provisions of this Act. Section 25(1) First Proviso: Permission to be granted by the officer as per rules.
26. Prohibition of development without permission
After the coming into operation of the development plan, no person shall change the use of any land or carry out any development of land without the written permission of the Director: Provided that no such permission shall be necessary for: (a) carrying out any work for the maintenance, repair or alteration of any building which does not make a material change in the exterior appearance of the building; (b) the execution of any work for the improvement or maintenance of any highway, road or public street by the Union or State Government, by any such authority established under this Act, or by any such local authority having jurisdiction, provided that such maintenance or improvement does not involve any variation in the right of way contrary to the provisions of the development plan; (c) the purpose of inspection, repair or renewal of any drains, sewers, mains, pipes, cables, telephone or other apparatus, including the breaking open of any road or other land for that purpose; (d) excavation or soil stabilizing for agricultural purposes; (e) where land has been used temporarily for other purposes, the reverting of such land to its normal use; (f) the use of any building for human habitation or use for any purpose incidental to the use of any other building or land attached to such building; (g) the construction of any road which is intended only for access to land for agricultural purposes: Provided further that in any such investment region to which the rules made under sub-section (3) of section 24 are applied, such permission may be granted by the authority as may be provided in the said rules. Second proviso: Replacing six months with sixty days (Deemed permission).
27. Development work undertaken by Union or State Government
(1) When the Union Government or the State Government intends to develop any land for the purposes of their respective departments or offices or authorities, the officer in charge thereof shall inform the Director in writing of the intention of the Government to do so, at least thirty days before undertaking such development work, giving full details thereof and accompanied by such documents and plans as may be prescribed, in compliance with the provisions of bye-laws, rules and Acts relating to development control of natural hazard prone areas. (2) Where the Director has raised any objection regarding the proposed development on the ground that the development work is not in conformity with the provisions of the development plan, the officer shall: (i) make necessary modifications in the development proposals to meet the objections raised by the Director; or (ii) submit the development proposals to the State Government for decision, including the objections raised by the Director: Provided that if no modification is proposed by the Director within thirty days of the receipt of the proposed development plan, such plan shall be deemed to have been approved to the extent that the development plan, regional plan, town development scheme or the provisions of this Act or any other Act for the time being in force or rules made thereunder, are not violated. (3) The State Government, upon receipt of the development proposals including the objections raised by the Director, shall either approve the proposals with or without modifications or direct the officer to make such modifications in the proposals as it deems necessary according to the circumstances. (4) The decision of the State Government under sub-section (3) shall be final and binding. (5) The State Government may, by notification, exempt any development work of land which has been undertaken on behalf of the Union or State Government for the purpose of construction relating to such project as may be specified therein, from the operation of this section. (2) The State Government shall present the development proposal to the Director for decision including the objections raised by him: Provided that if no modification is proposed by the Director within thirty days from the receipt of the proposed development plan, such plan shall be deemed to have been approved to the extent that the development plan does not contravene the provisions of the regional plan, town development scheme or this Act or any rules made under any other Act for the time being in force. (3) The State Government, on receipt of the development proposals including the objections raised by the Director, shall either approve the proposals with or without modifications or shall direct the officer to make such modifications in the proposals as he may deem necessary according to the circumstances. (4) The decision of the State Government under sub-section (3) shall be final and binding. (5) The State Government may, by notification, exempt any development work of land which is undertaken on behalf of the Union or State Government for the purpose of construction related to the operation of any project specified therein, from the operation of this section. Section 27(2) Proviso regarding land use permission.
28. Development by other authorities
Where any authority or any authority specially constituted under this Act intends to develop any land for the purpose of that authority, the procedure applicable to the Union or State Government under section 27 shall apply, with necessary modifications, in respect of such authority.
29. Application for permission for development by other persons
(1) Any person other than the Union Government, State Government, any local authority or any special authority constituted under this Act who intends to carry out any development work on any land shall make an application in writing to the Director for permission, which shall be in such form and contain such specifications and shall be accompanied by such documents as may be prescribed, complying with the provisions of the Acts, rules and bye-laws relating to the development and control of natural hazard-prone areas. (2) Such application shall also be accompanied by such fee as may be prescribed.
30. Grant or refusal of permission
(1) On receipt of the application under section 29, the Director may, subject to the provisions of this Act, by order in writing— (a) grant permission without condition, (b) grant permission subject to such conditions as may be deemed necessary in the circumstances, (c) refuse to grant permission. (2) In every order granting permission subject to conditions or refusing permission, the grounds for imposing such conditions or such refusal shall be stated. (3) Any permission granted with or without conditions under sub-section (2) shall be in such form as may be prescribed. (4) Every order under sub-section (2) shall be notified to the applicant in such manner as may be prescribed. (5) If the Director does not notify his decision regarding grant or refusal of permission to the applicant within sixty days from the date of receipt of his application, it shall be deemed that such permission has been granted on the date immediately following the date of expiry of sixty days: Provided that in calculating the period of sixty days, the date of requisition for any additional information or documents from the applicant and the date of receipt of such information or documents from the applicant shall be excluded. Section 30(5): Appeal against orders under Section 30.
31. Appeal
(1) Any applicant aggrieved by any order granting conditional permission or refusing permission under section 30 may, within thirty days from the date of his being notified of that order, file an appeal to such authority, in such manner and on payment of such fee as may be prescribed. (2) The appellate authority under sub-section (1), after giving a reasonable opportunity of being heard to the appellant and the Director, may by order, dismiss the appeal or allow the appeal by granting permission without conditions or subject to such modified conditions as may be deemed fit. (3) Subject to the provisions of section 32, the order of the appellate authority shall be final. Section 31(1) and 31(2): Appellate Authority details and fees payable on memo of appeal.
32. Revision
The State Government may, at any time, but not later than twelve months from the date of passing of the order, either on its own motion or on an application filed by a person aggrieved by any order of the appellate authority under section 31, within thirty days from the date of his being notified of the order, in cases disposed of by the Director under section 30 or by the appellate authority under section 31, call for the records for the purpose of satisfying itself as to the correctness of the order and as to the regularity of any proceeding of such Director or appellate authority, and may direct that the execution of the order be suspended while calling for such record. After examining the record, the State Government may pass such order as it deems fit and its order shall be final and no application for its revision or review shall lie: Provided that no order shall be passed until the person affected thereby and the Director have been given a reasonable opportunity of being heard.
33. Lapse of permission
Every such permission granted under section 30 or 31 or 32 shall remain in force for a period of three years from the date of its grant and thereafter it shall lapse: Provided that the Director, on application made, may 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 further that any such lapse shall not bar any subsequent application for permission under this Act. Lapsing of scheme.
34. Obligation to acquire land
(1) Where any land has been designated by any plan for— (a) development for the purpose of town expansion or town improvement, or (b) development for the purpose of the Union or State Government or any local authority or any special authority constituted under this Act, or (c) compulsory acquisition for development as a highway or public utility service, and the owner of that land— (i) claims that the land has become incapable of reasonable beneficial use in its existing state, or (ii) where permission to develop the land has been granted subject to conditions, claims that the land cannot be made capable of reasonable beneficial use by carrying out the permitted development in accordance with those conditions, (iii) claims that the sale value of that land has decreased due to its designation for acquisition or development, then the owner may serve a notice upon the Government in such time, in such manner and with such documents as may be prescribed, requiring the appropriate authority to purchase the interest in the land in accordance with the provisions of this Act. (2) Upon receipt of notice under sub-section (1), the State Government shall immediately call for such report or such records or both, as may be necessary, from the Director and the appropriate authority, which those authorities shall send to the State Government as soon as possible but not later than thirty days from the date of their requisition. (3) Upon receipt of such record or such report, the State Government— (a) if it is satisfied that the conditions specified in sub-section (1) have been fulfilled, and that the order or decision duly made for permission was not based on the ground that the applicant had not complied with the provisions of this Act or the rules made thereunder, may confirm the notice or may direct that permission be granted without conditions or subject to such conditions as would make the land capable of reasonable beneficial use, (b) in any other case, may refuse to confirm the notice, but in that case, the applicant shall be given a reasonable opportunity of being heard. (4) If the State Government does not pass any final order within a period of one year from the date on which the notice was served, it shall be deemed that the notice has been confirmed on the expiry of that period. (5) Upon confirmation of the notice, the State Government shall proceed to acquire that land or that part of the land in respect of which the notice has been confirmed, in accordance with the provisions of this Act, within a period of one year from the date of such confirmation.
35. Power to release land from reservation
(1) The appropriate authority, if it is satisfied that the land reserved, allotted or designated for such public purpose in a draft development plan or regional plan or final development plan or regional plan is no longer required, may request— (a) the Director to grant permission to remove such designation or reservation or allotment from the draft development plan or regional plan; or (b) the State Government to grant permission to remove such designation or reservation or allotment from the final development plan or regional plan. (2) On receipt of such request from the appropriate authority, the Director or the State Government, as the case may be, may by order grant permission to remove such designation or reservation or allotment from the relevant plans: Provided that before giving any such order, the Director or the State Government, as the case may be, shall make such enquiry as it deems necessary and satisfy itself that such reservation or designation or allotment is no longer required in public interest. (3) On the order being given under sub-section (2) the land shall be deemed to be released from such designation, reservation or allotment as the case may be and shall become available to the owner for such development purpose as is otherwise permissible under the relevant plan in the case of adjacent land.
36. Penalty for unauthorized development or for use otherwise than in conformity with the development plan
Any person who, whether at his own instance or at the instance of any other person— (a) without the permission required under this Act; (b) in contravention of the permission granted or of any condition subject to which such permission has been granted; (c) after the permission for development has been duly revoked; or (d) in contravention of such permission which has been duly modified; commences, undertakes or carries out development of any land or changes the use of any land, shall, without prejudice to any action that may be taken under section 37, be punishable with simple imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both, and in the case of a continuing offence, with a further fine which may extend to two hundred and fifty rupees for every day during which the offence continues after conviction for the first commission of the offence.
37. Power to require removal of unauthorized development
(1) Where any development has been carried out as indicated in section 36, the Director may, within five years of such development, serve a notice on the owner requiring him within such period, being not less than one month and not more than three months from the date of service of the notice as may be specified therein— (a) in cases specified in clauses (a) or (c) of section 36, to restore the land to its condition before the said development took place; (b) in cases specified in clauses (b) or (d) of section 36, to ensure compliance with the conditions or the modified permission; Provided that where the notice requires the stopping of any use of the land, the notice shall also be served on the occupier. (2) In particular, such notice may, for the purposes of sub-section (1), require— (a) the demolition or alteration of any building or works; (b) the carrying out on land of any building or other operations; or (c) the stopping of any use of the land. (3) Any person aggrieved by such notice may within fifteen days from the receipt of the notice and in the prescribed manner apply to the Director for permission to retain any such building or works, or for the continuance of any use of the land to which the notice relates, and pending the disposal of the application, the notice shall stand withdrawn. (4) The foregoing provisions of this Chapter, as far as they may be applicable, shall apply to an application made under sub-section (3). (5) If the permission for which the application has been made is granted, the notice shall be withdrawn, but if the permission for which the application has been made is not granted, the notice shall continue, or if such permission is granted only for the retention of some buildings or works or for the continuance of use of only a part of the land, the notice shall continue as regards the other buildings, works or parts of the land, and the owner shall thereupon be required to take the action specified in the notice under sub-section (1) in respect of such other buildings, works or part of the land. (6) If within the period specified in the notice or after the disposal of the application within the same period, the notice or so much of it as continues is complied with, the Director— (a) may prosecute the owner for not complying with the notice, and where the notice requires the stopping of any use of the land, may also prosecute any other person who uses the land in contravention of the notice or who causes or permits the land to be used in contravention of the notice; and (b) where the notice requires the demolition or alteration of any building or works or the carrying out of any building or other operations, may himself cause the land to be restored to the condition in which it was before the development took place and ensure compliance with the conditions of the permission or the modified permission by taking such action as the Director deems necessary, including the demolition or alteration of any building or works or the carrying out of any building or other operations and recover the expenses incurred by him in this behalf from the owner as arrears of land revenue. (7) Any person who is prosecuted under clause (a) of sub-section (6) shall, on conviction, be punishable with simple imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both, and in the case of a continuing offence, with a further fine which may extend to two hundred and fifty rupees for every day during which the offence continues after conviction for the first commission of the offence.
38. Constitution of Town and Country Development Authority
(1) The State Government may, by notification, establish a Town and Country Development Authority for such name and for such area as may be specified in the notification. (2) The duty of implementing the proposals of the development plan, preparing one or more Town Development Schemes and acquiring and developing land for the purpose of expansion or improvement of the area specified in the notification under sub-section (1), shall, subject to the provisions of this Act, vest in the Town and Country Development Authority established for the said area: Provided that the duty imposed on the Town and Country Development Authority shall, until the establishment of such authority for any area under sub-section (1), be performed by the local authority having jurisdiction over such area as if it were a Town and Country Development Authority established under this Act. (3) For the area to which the proviso to sub-section (2) applies, upon the establishment of Town and Country Development Authority, the following consequences shall ensue in respect of such area, namely:— (i) All assets acquired and all liabilities incurred by the local authority in discharging the duty under the proviso to sub-section (2) shall be the assets and liabilities of the Town and Country Development Authority established in place of such local authority and shall be deemed to be so. (ii) All records and papers of the local authority referred to in clause (i) shall vest in and be transferred to the Town and Country Development Authority established in its place.
39. Incorporation of Town and Country Development Authority
Every Town and Country Development Authority shall be a body corporate by the name specified in the notification under section 38 and shall have perpetual succession and a common seal and shall have power to acquire and hold both movable and immovable property and subject to the provisions of this Act or any rules made thereunder, to transfer any property held by it, to contract and to do all such other things as may be necessary for the purposes of this Act and may sue and be sued by its corporate name.
40. Constitution of Town and Country Development Authority
Every Town and Country Development Authority shall consist of the following, namely:— (a) Chairman, who shall be appointed by the State Government; (b) Collector of the district or his nominee; (c) Five members to be appointed by the State Government to represent the following respectively: (i) Town and Country Planning Department, Madhya Pradesh, (ii) Forest Department, Madhya Pradesh, (iii) Public Health Engineering Department, Madhya Pradesh, (iv) Public Works Department, Madhya Pradesh, (v) Madhya Pradesh Electricity Board; (d) Administrator, Commissioner or Chief Municipal Officer of the Municipal Corporation or Municipal Council of the area, as the case may be; (e) One other officer of the State Government to be appointed by the State Government; (f) One person having special knowledge in the field of Town Planning or Architecture to be appointed by the State Government; (n) Five non-official members to be appointed by the State Government, among whom at least two shall be women; (t) Chief Executive Officer shall be the Member Secretary: Provided that the State Government may appoint one or more Vice-Chairmen, if it considers necessary to do so: Provided further that the State Government may constitute a single-member Town and Country Development Authority, if it considers necessary to do so. Constitution of Authority, Chairperson, Vice-Chairperson, and members appointment.
41. Term of office of Chairman, Vice-Chairman and other members
(1) The names of the Chairman, Vice-Chairman and other members shall be notified in the Gazette. (2) The term of office of the Chairman, Vice-Chairman and other members shall be such as may be prescribed. (3) The person who ceases to be a Chairman, Vice-Chairman or member due to the expiry of his term of office, shall, if otherwise qualified, be eligible for re-appointment. Substitution of Chairperson and Vice-Chairperson references.
42. Resignation of members and filling of casual vacancy
(1) A person who has become a member under clause (d), (f) or (n) of section 40 may at any time resign his office by a signed writing addressed to the Chairman, and the office of such member shall fall vacant upon the receipt of the resignation by the Chairman. (2) If the State Government considers that it is not in public interest for a member to continue in office, the State Government may pass an order terminating his appointment, and thereupon, he shall cease to be a member of the Town and Country Development Authority, notwithstanding that the term for which he was appointed has not expired. (3) In case of a vacancy in the office of Chairman, Vice-Chairman or any member, such vacancy shall be filled by the State Government in accordance with the provisions of section 40 and the person so appointed shall hold office for the remainder of the term of his predecessor. Section 42(1): Absence, leave and appointment of acting Chairperson and Vice-Chairperson.
43. Remuneration of Chairman and Vice-Chairman
(1) No member, other than the Chairman, shall receive any remuneration except such allowances as may be prescribed. (2) The Chairman and Vice-Chairman shall receive such salary and allowances and be subject to such conditions of service as may be prescribed. Names of Chairperson, Vice-Chairperson and members to be notified in the Gazette.
44. Leave of absence and appointment of Acting Chairman and Vice-Chairman
(1) The State Government may grant leave of absence to the Chairman or Vice-Chairman subject to such terms and conditions as may be prescribed. (2) Whenever leave of absence is granted to the Chairman, the Vice-Chairman nominated by the Chairman shall act as Chairman; and where both the Chairman and Vice-Chairman are granted leave, any other member appointed by the State Government shall act as Chairman. Section 44(2): Term of office of Chairperson, Vice-chairperson and members; leave conditions.
45. Meeting of Town and Country Development Authority
(1) The meeting of the Town and Country Development Authority shall be held at such time and place as may be specified by regulations: Provided that until regulations are made in this regard, such meeting shall be called by the Chairman. (2) The quorum for the meeting, unless otherwise provided by regulations, shall be one-third of the total number of members of the Town and Country Development Authority. (3) The Town and Country Development Authority shall make regulations to provide for the conduct of its business.
46. Chief Executive Officer
(1) Every Town and Country Development Authority shall have a Chief Executive Officer who shall act as the Secretary of the Authority. (2) The Chief Executive Officer shall be appointed by the State Government from amongst the members of the State Cadre of the Development Authority Service or, if necessary, from amongst the members of the State Technical/Administrative Services. Provision for Chief Executive Officer.
47. Other officers and servants
Every Town and Country Development Authority may have such other officers and servants as may be necessary and proper for the efficient discharge of its duties. Appointments to posts of officers and servants included in the State Cadre of Development Authority Services described in Section 76 (b) shall be made by the State Government and appointments to posts of officers and servants included in the local cadre of the said services shall be made by the concerned Town and Country Development Authority: Provided that no post shall be created in any Authority except with the prior approval of the State Government.
48. Conditions of service of Executive Officer and other officers and servants
The Chief Executive Officer appointed under section 46 and other officers and servants appointed under section 47 shall, subject to the provisions of this Act and the rules, act under the superintendence and control of the Authority. Service conditions of Executive Officer and staff members.
49. Town Development Schemes
Provision may be made in a Town Development Scheme for any of the following matters, namely:— (i) Acquisition of land for the purpose of town expansion, its development, and sale or lease thereof; (ii) Acquisition, re-alignment, reconstruction, or relocation of areas that have been poorly designed or have developed or decayed in such a way that slums have been formed. A Town Development Scheme may provide for any of the following matters: (1) The acquisition, development and sale or leasing of land for the purpose of town expansion; (2) The acquisition, re-layout, reconstruction or re-allocation of areas which are ill-laid out or have been so developed or deteriorated as to form a slum; (3) The acquisition and development of land for public purposes such as development of housing, market centres, cultural centres, administrative centres; (4) The acquisition and development of areas for commercial and industrial purposes; (5) To undertake such construction or development work as may be necessary to provide for housing, market, commercial or other amenities; (6) The acquisition and development of land for the purpose of layout or re-layout (remodeling) of road and street patterns; (7) The acquisition and development of land for playgrounds, parks, recreation centres and sports grounds; (8) The reorganization of plants for the purpose of buildings, passages, drains, sewage lines and other similar amenities; (9) Any other such work which may involve environmental improvements, which may be initiated by the Authority with the prior approval of the State Government.
50. Preparation of Town Development Schemes
(1) The Town and Country Development Authority may, at any time, declare its intention to prepare a Town Development Scheme. (2) Within a maximum of thirty days from the date of such declaration of intention to prepare the scheme, the Town and Country Development Authority shall publish the declaration in the Gazette and in such manner as may be prescribed. (3) Within a maximum of two years from the date of publication of the declaration under sub-section (2), the Town and Country Development Authority shall prepare a Town Development Scheme as a draft and shall publish it in such form and in such manner as may be prescribed, along with a notice inviting objections and suggestions from any person before such date as may be prescribed, which shall not be less than thirty days from the date of publication of such notice. (4) The Town and Country Development Authority shall consider all such objections and suggestions as may be received within the period specified in the notice under sub-section (3) and, after giving reasonable opportunity of being heard to such persons affected thereby who may desire to be heard, or after considering the report of the committee constituted under sub-section (5), may either publish the draft scheme or make such modifications therein as it may deem fit. Provided that the final publication of such draft scheme shall be notified within one year from the date of publication of the draft scheme, failing which it shall be deemed that the draft scheme has lapsed. (5) Where a Town Development Scheme relates to the reorganization of plots, the Town and Country Development Authority shall, notwithstanding anything contained in sub-section (4), constitute a committee for the purpose of hearing objections and suggestions received under sub-section (3), which shall consist of the Chief Executive Officer of the said Authority and two other members, one of whom shall be a representative of the Madhya Pradesh Housing Board and the other shall be an officer of the Public Works Department not below the rank of Executive Engineer nominated by the Chief Engineer, Public Works Department. (6) The committee constituted under sub-section (5) shall consider the objections and suggestions, hear those persons who desire to be heard, and submit its report to the Town and Country Development Authority within such time as it may fix, with the following propositions: (i) To identify and demarcate areas reserved or allotted for public purposes; (ii) To demarcate reorganized plots; (iii) To evaluate the value of original and reorganized plots; (iv) To determine whether the areas reserved for public purposes are wholly or partially beneficial to the residents within the area of the scheme; (v) To estimate or apportion the compensation to be paid to the beneficiaries of the scheme and fees to be collected from them for the purpose of reorganization of plots and reservation of sectors for public purposes; (vi) To evaluate the increase in the value of each reorganized plot and determine the development fee recoverable from the holder of the plot: Provided that the fee shall not exceed half of the increment accrued in the value; (vii) To evaluate the decrease in the value of any reorganized plot and determine the compensation payable for the same. (7) Immediately after the Town Development Scheme is approved with or without modifications under sub-section (4), the Town and Country Development Authority shall publish the final Town Development Scheme in the Gazette and in such other manner as may be prescribed and shall specify the date on which it (the scheme) shall come into force.
51. Revision
The Director may, at any time but not later than two years from the date of publication of the final Town Development Scheme under Section 50, either on his own motion or on an application filed by any person aggrieved by the final scheme within thirty days of such publication of the final scheme, call for and examine the record of any scheme for the purpose of satisfying himself as to the correctness of any order passed by the Town and Country Development Authority or as to the regularity of any proceedings of such Authority; and while calling for such record, he may direct that the execution of such scheme be suspended. After examining the record, the Director may pass such order as he may deem fit, and his order shall be final: Provided that no such order shall be passed unless the person affected thereby and the Town and Country Development Authority have been given a reasonable opportunity of being heard.
52. Power of State Government to give directions
(1) The State Government may give directions to the Town and Country Development Authority— (a) to prepare any town development scheme; (b) to modify any town development scheme during execution; (c) to revoke any town development scheme, for the reasons to be specified in such directions, if it considers it necessary to do so in public interest: Provided that no direction for modifying or revoking any town scheme shall be given unless the Town and Country Development Authority has been given an opportunity to present its case. (2) The directions given by the State Government under this section shall be binding on the Town and Country Development Authority.
53. Restriction on use of land and development of land
From the date of publication of the declaration relating to the preparation of town development scheme, no person shall institute or change any use of any land or building or carry out any development within the area included in the scheme, otherwise than in accordance with such development as has been authorised by the Director in accordance with the provisions of this Act.
54. Lapsing of scheme
If the Town and Country Development Authority fails to commence the implementation of the town development scheme within a period of two years from the date of notification of the final scheme under section 50 or fails to complete its implementation within a period of five years, it shall lapse on the expiry of the said period of two years or five years, as the case may be: Provided that if any dispute between such authority and the aggrieved parties of such scheme, if any, is brought before any court or tribunal of competent jurisdiction for consideration, then the period during which such dispute remains pending before such court or tribunal shall not be included in the computation of the period regarding the lapsing of the scheme. Appointment of Chairman and members of Authority.
55. Town development scheme to be a public purpose
Land required for the purpose of town development scheme shall be deemed to be land required for a public purpose within the meaning of the Land Acquisition Act, 1894 (No. 1 of 1894).
56. Acquisition of land for Town and Country Development Authority
The Town and Country Development Authority may, at any time after the date of publication of the final town development scheme under section 50 but not later than three years from that date, take proceedings for the acquisition of the land required for the implementation of the scheme by agreement, and on its failure to acquire in this manner, the State Government may, at the request of the Town and Country Development Authority, take proceedings for acquiring such land under the provisions of the Land Acquisition Act, 1894 (No. 1 of 1894), and on payment of the compensation awarded under this Act and any other charges incurred by the State Government in connection with the acquisition, the land shall vest in the Town and Country Development Authority subject to such terms and conditions as may be prescribed.
57. Development work
(1) The Town and Country Development Authority shall take necessary action for the development of the land vested in it under section 56 in accordance with the provisions of the town development scheme: Provided that if the State Government or the Director has reason to believe, after such inquiry as may be necessary, that the Town and Country Development Authority is not taking proper action for the development of the land or has acted contrary to the final scheme, it may give such directions to the authority as it considers necessary in those circumstances. (2) The directions given under this section shall be binding on the Town and Country Development Authority and that authority shall forthwith give effect to such directions.
58. Disposal of land, buildings and other development works
Subject to such rules as may be made by the State Government in this behalf, the Town and Country Development Authority shall, by regulations, determine the procedure for the disposal of developed lands, houses, buildings and other structures.
61. Fund of Town and Country Development Authority
नगर तथा ग्राम विकास प्राधिकारी की अपनी स्वयं की निधि होगी और उस प्राधिकारी की समस्त प्राप्तियां उसमें जमा की जाएगी और उस प्राधिकारी द्वारा किए जाने वाले समस्त भुगतान उसमें से (निधि में से) किए जाएंगे।
62. Statement of annual income and expenditure
(1) मुख्य कार्यपालक अधिकारी, प्रत्येक वर्ष अधिक से अधिक 10 मार्च तक, वार्षिक आय तथा व्यय का विवरण तैयार करवाएगा जिसमें पिछले वर्ष के प्राक्कलन तथा वास्तविक आंकड़े और अगले वित्तीय वर्ष के लिए प्राक्कलन दिए जाएंगे। (2) इस प्रकार तैयार किया गया वार्षिक विवरण (जिसे इसमें के पश्चात 'बजट' कहा गया है) मुख्य नगरपालिक अधिकारी द्वारा, अध्यक्ष के पूर्व अनुमोदन से नगर तथा ग्राम विकास प्राधिकारी के समक्ष रखा जाएगा। (3) नगर तथा ग्राम विकास प्राधिकारी, उसे इस प्रकार प्रस्तुत किए गए प्राक्कलन पर विचार करेगा और उसे या तो अपरि वर्तित रूप से या ऐसे परिवर्तनों के जैसा कि वह उचित समझे, अध्यधीन रहते हुए मंजूर करेगा। (4) उपधारा (3) के अधीन मंजूर किए गए बजट की एक प्रति राज्य सरकार को तथा संचालक को भेजी जाएगी। (5) राज्य सरकार नगर तथा विकास प्राधिकारी को बजट में ऐसा उपांतरण करने का निर्देश दे सकेगी जैसा कि आवश्यक समझा जाए। (6) नगर तथा ग्राम विकास प्राधिकारी, ऐसे निर्देशों के प्राप्त होने की तारीख से तीस दिन के भीतर या तो उपांतरण को प्रतिगृहीत कर लेगा या राज्य सरकार को और निवेदन करेगा। (7) राज्य सरकार नगर तथा विकास प्राधिकारी के निवेदन पर विचार करने के पश्चात, उस पर ऐसे आदेश पारित करेगी जैसे कि उचित समझे जाएं, और आदेशों की तारीख से बजट सरकार द्वारा आदेशित उपांतरणों के साथ प्रवृत्त हुआ समझा जाएगा।
63. Power to borrow money
ऐसे निर्बंधनों तथा ऐसी शर्तों के, जैसा कि विहित किया जाए, अध्यधीन रहते हुए, नगर तथा ग्राम विकास प्राधिकारी, राज्य सरकार की पूर्व मंजूरी से, इस अधिनियम के समस्त प्रयोजनों या उनमें से किसी भी प्रयोजन के लिए डिबेंचर जारी कर सकेगा या सरकार से या खुले बाज़ार से धन उधार ले सकेगा।
63-d. Recovery of arrears as arrears of land revenue
इस अधिनियम के अधीन नगर तथा ग्राम विकास प्राधिकारी को शोध्य कोई राशि उसी रीति में वसूली योग्य होगी जिसमें कि भू-राजस्व का बकाया वसूली योग्य होता है।
64. Constitution of Special Areas
(1) यदि किसी क्षेत्र, नगर या नगरी को प्रादेशिक योजना में विशेष क्षेत्र के रूप में अभिहित किया गया हो, या यदि राज्य सरकार का किसी अन्य प्रकार से यह समाधान हो जाए कि लोकहित में यह समीचीन है कि किसी क्षेत्र, नगर या नगरी को विशेष क्षेत्र के रूप में विकसित किया जाए तो वह, अधिसूचना द्वारा उस क्षेत्र के रूप में अभिहित कर सकेगी जो कि ऐसे नाम से जाना जाए जैसा कि उसमें (अधिसूचना में) विनिर्दिष्ट किया जाए। (2) ऐसी अधिसूचना में विशेष क्षेत्र की सीमाएं परिनिश्चित की जाएगी। (3) राज्य सरकार, अधिसूचना द्वारा - (क) विशेष क्षेत्र की सीमाओं में इस प्रकार परिवर्तन कर सकेगी कि ऐसा क्षेत्र, जैसा कि अधिसूचना में विनिर्दिष्ट किया जाए, उसमें सम्मिलित किया जा सके या उसमें से अपवर्जित किया जा सके, (ख) यह घोषणा कर सकेगी कि विशेष क्षेत्र उस रूप में नहीं रहेगा। (4) [लोप किया गया]
65. Special Area Development Authority
(1) There shall be a Special Area Development Authority in every special area, consisting of: (a) Chairman; (b) one or more Vice-Chairmen; (c) such number of members as the State Government may determine from time to time out of which there shall be at least two women to be appointed by the State Government. (2) The names of the Chairman, Vice-Chairmen and other members shall be notified in the Gazette. (3) The term of office of the Chairman, Vice-Chairmen and other members shall be such as may be prescribed. (4) The salary and allowances payable to the Chairman and Vice-Chairmen and other terms and conditions of service shall be such as may be prescribed. (5) The members shall not be entitled to any salary but they shall receive such allowances as may be prescribed. Section 65(2) and Section 65(c): Powers and tenure of Chairperson/Vice-Chairperson.
66. Incorporation of Chapter VIII Special Area Development Authority
प्रत्येक विशेष क्षेत्र विकास प्राधिकारी एक निगमित निकाय होगा, जिसका शाश्वत, उत्तराधिकार होगा तथा जिसकी सामान्य मुद्रा होगी और जिसे स्थावर तथा जंगम दोनों प्रकार की संपत्ति अर्जित करने, धारण करने तथा उसका व्ययन करने और संविदा करने की शक्ति होगी और वह धारा 64 की उपधारा (1) में विनिर्दिष्ट किए गए नाम से वाद चला सकेगा और उक्त नाम से उसके विरुद्ध वाद चलाया जा सकेगा।
67. Staff of the Authority
Every Special Area Development Authority shall have such officers and servants as may be necessary and proper for the efficient discharge of its duties, and the appointments to the posts of officers and servants included in the State cadre of the relevant service of the Development Authority shall be made by the concerned Town and Country Development Authority in accordance with the provisions of Chapter IX and the rules framed thereunder. Provided that no post in any authority shall be created without the prior approval of the State Government, and not otherwise. Staff cadre specification.
68. Functions of the Authority
(1) To prepare a development plan for the special area, if requested to do so; (2) After the development plan has been approved by the State Government, to implement the development plan; (3) For the purpose of implementing the plan, to acquire, hold, develop, manage and dispose of land and other property; (4) [Omitted]; (5) [Omitted]; (6) [Omitted]; (7) In other words, to perform all such functions in respect of the special area as the State Government may direct from time to time. Cadre of officers specified by State Government through notification.
69. Powers of Special Area Development Authority
The Special Area Development Authority: (a) shall, for the purpose of acquisition of land, exercise such powers and follow such procedure as are available to or followed by a Town and Country Development Authority under this Act; (b) shall, for the purpose of investment, exercise such powers as are available to the Director under this Act; (c) [Omitted]; (d) [Omitted] Service conditions of persons appointed in Development Authority Service.
70. Fund of Special Area Development Authority
(1) Every Special Area Development Authority shall have its own fund, and all receipts of such authority shall be credited thereto and all payments of such authority shall be made thereout (from the fund). (2) The Special Area Development Authority, for all or any of the purposes of this Act: (a) may accept grants from the State Government or any local authority; (b) may borrow money subject to such terms and conditions as may be prescribed.
71. Annual Budget
(1) The Chairman shall, every year, by not later than 10th March, place before the Special Area Development Authority an estimate of the income and expenditure of that authority for the year commencing on the first day of the next April, in such detail and such form as that authority may direct from time to time. (2) Such estimate shall provide for the due fulfillment of all the liabilities of the Special Area Development Authority and for the efficient execution of this Act, and such estimate shall be complete and a copy of the same shall be sent to every member of that authority at least ten full days before the meeting at which the estimate is to be placed. (3) The Special Area Development Authority shall consider the estimate so presented and shall approve it either in an unaltered form or subject to such modifications as it may deem proper. (4) The estimate as approved shall be sent to the State Government which may approve them with or without modifications. (5) If the State Government approves the estimates with modifications, the Special Area Development Authority shall take proceedings to amend them, and the estimates so modified and amended shall be in force during that year.
75. Delegation of Powers
(1) The State Government may, by notification, delegate all or any of the powers conferred on it by or under this Act, other than the power to make rules, to any officer or authority subordinate to it. (2) Subject to such restrictions as may be imposed by the State Government by general or special order, the Director may, by order in writing, delegate all or any of the powers exercisable by him under this Act or the rules made thereunder, other than the power to hear appeals and revision, to any officer subordinate to him.
76. Dissolution of Authorities
(1) Whenever in the opinion of the State Government the continued existence of any authority constituted under this Act is unnecessary or undesirable, the State Government may, by notification, declare that such authority shall be dissolved from such date as may be specified therein (in the notification), and such authority shall be dissolved accordingly. (2) From the said date: (a) all assets and liabilities of the authority shall vest in the Municipal Corporation of that area and such Municipal Corporation shall have all the powers as are necessary to take possession of, recover and deal with such assets and perform such liabilities: Provided that in such cases where the area of such authority falls under different Municipal Corporations, the assets and liabilities of such authority shall be distributed among such Municipal Corporations in such manner as the State Government may determine by order. (b) all such pending proceedings, in which the authority was a party, shall continue as if the Municipal Corporation was a party thereto in place of the authority. Section 76(2): Assets and liabilities vesting in Municipal Council.
76-d. ifjHkk"kk,a
bl v/;k; esa "fodkl izkf/kdj.k" ls vfHkizsr gS :- (1) uxj rFkk xzke fodkl izkf/kdkjh, (2) fo'ks"k {ks= fodkl izkf/kdkjh vkSj, (3) e/;izns'k Vkmu bEizwoesaV VªLV ,DV] 1960 (Øekad 14 lu~ 1961) dh /kkjk 4 ds v/khu xfBr fd;k x;k bEizwoesaV VªLV" }, { "id": "76B", "section": "76-k", "title": "fodkl izkf/kdj.k lsok dk xBu vkfn", "status": "in-force", "deleted_by": null, "content": "(1) ,slh rkjh[k ls ftls jkT; ljdkj] vf/klwpuk }kjk bl fufeÙk fu;r djsa] fodkl izkf/kdj.k lsok dk xBu jkT; esa ds leLr fodkl izkf/kdj.kksa ds fy, vf/kdkjh vkSj lsod miyC/k djkus ds iz;kstu ds fy, fd;k tk,xkA fodkl izkf/kdkjh lsok esa fuEufyf[kr gksaxs :- (d) fodkl iz'kklfud vf/kdkfj;ksa dk laoxZ, ([k) fodkl vfHk;arkvksa dk laoxZ, (x) fodkl fuos'k vf/kdkfj;ksa dk laoxZ, (?k) bl vf/kfu;e ds iz;kstuksa dks dk;kZfUor djus ds fy, laoxZ esa lfEefyr vf/kdkfj;ksa dks lkSais x;s d`R;ksa ds vuqlkj vo/kkfjr fd;s tkus okys ,ls vU; laoxZ tks jkT; ljdkj] vf/klwpuk }kjk] fofufnZ"V djsa, izR;sd laoxZ esa fuEufyf[kr gksaxs :- (1) jkT; laoxZ, (2) LFkkuh; laoxZ, izR;sd jkT; laoxZ vkSj izR;sd LFkkuh; laoxZ esa ,slh Jsf.k;ka rFkk ,sls inukeksa ds mrus in gksaxs tks jkT; ljdkj] le;≤ ij] vf/klwpuk }kjk fofufnZ
76-x. vf/kfu;e Øekad 14 lu~ 1961 dk vkaf'kd fujlu
/kkjk 76&[k dh mi/kkjk (1) ds v/khu fu;e dh x;h rkjh[k ls e/;izns'k VkÅu bEizwOgesaV VªLV ,DV] 1960 (Øekad 14 lu~ 1961) ml lhek rd tgka rd fd mlesa mu fo"k;ksa ls] ftuds fy, bl v/;k; esa mica/k varfoZ"V gS] lacaf/kr mica/k varfoZ"V gS rFkk mu vf/kdkfj;ksa vkSj lsodksa] ds tks mlds varxZr vkrs gSa] laca/k esa fujLr gks tk;sxkA"
77. izos'k dk vf/kdkj
(1) bl vf/kfu;e ds fdUgha Hkh vU; mica/kksa ij izfrdwy izHkko Mkys fcuk] lapkyd ;k bl vf/kfu;e ds v/khu LFkkfir fd;k x;k dksbZ izkf/kdkjh] bl vf/kfu;e ds v/khu dksbZ ;kstuk ;k Ldhe rS;kj djus ds iz;kstu ds fy, fdlh Hkh Hkwfe ;k Hkou esa ;k ml ij & (d) ,slsh Hkwfe ;k Hkou dh dksbZ eki djus ds fy, ;k mldk losZ{k.k djus ds fy, ;k mldk ry ekius ds fy,, ([k) fodkl dh lhekvksa rFkk mldh vk'kf;r js[kkvksa dk miØe.k djus ds fy, rFkk mUgsa fpfUgr djus ds fy,, (x) ,sls ryksa] lhekvksa rFkk js[kkvksa dks] fpUg yxkdj rFkk [kkbZ;ka [kksndj fpfUgr djus ds fy,, (?k) lfUuekZ.k ladeksaZ dk ijh{k.k djus ds fy, rFkk eyukyksa ,oa ukfy;ksa ds ekxZ vfHkfuf'pr djus ds fy,, (M+) ;g vfHkfuf'pr djus ds fy, fd D;k fdlh Hkwfe dk fodkl bl vf/kfu;e ds ;k mlds v/khu ds fdUgha fu;eksa ;k fofu;eksa ds mica/kksa ds mYya?ku es fd;k tk jgk gS ;k fd;k x;k gS] izos'k dj ldsxk ;k izos'k djok ldsxkA ijUrq %& (1) vkokl x`g ds :i esa mi;ksx esa yk;s tkus okys fdlh Hkou esa ;k ,sls fdlh Hkou ls layXu fdlh m|ku ds f?kjs gq, Hkkx ij lw;ksZn; rFkk lw;kZLr ds chp ds le; ds flok; ;k mlds vf/kHkksfx;ksa dks izos'k djus ds vk'k; dh de ls de pkSchl ?k.Vs dh fyf[kr lwpuk fn;s fcuk bl izdkj izos'k ugha fd;k tk;sxk] (2) izR;sd n'kk esa] fL=;ksa dks (如果我们dksbZ gks) ,slh Hkwfe ;k Hkou ls ckgj fudyus ds fy, i;kZIr volj fn;k tk;sxk] (3) tgka rd fd izos'k ds iz;kstu dh vko';drkvksa ls laxr gks] ml Hkwfe ;k Hkou ds] ftles fd izos'k fd;k tk;s] vf/kHkksfx;ksa dh lkekftd rFkk /kkfeZd izFkkvksa dk lnSo lE;d /;ku j[kk tk;sxkA (2) dksbZ Hkh O;fDr] tks bl /kkjk ds v/khu fdlh Hkwfe ;k Hkou esa ;k ml ij izos'k djus ds fy, l'kDr fd;s x;s ;k lE;d~ :is.k izkf/kd`r fd;s x;s fdlh vf/kdkjh dks izos'k djus ds fy, ck/kk igqapk;sxk ;k ,sls vf/kdkjh dks ,sls izos'k ds i'prak NsM+sxk] nks"kflf) ij] lknk dkjkokl ls] ftldh vof/k rhu ekl rd dh gks ldsxh] ;k tqekZus ls] tks ikap lkS :i;s rd dk gks ldsxk] ;k nksuksa ls nf.Mr fd;k tk;sxkA
80. lnL; rFkk vf/kdkjh yksd lsod gksaxs
bl vf/kfu;e ds v/khu LFkkfir fd;s x;s fdlh izkf/kdkjh dk izR;sd lnL; rFkk izR;sd vf/kdkjh Hkkjrh; n.M lafgrk] 1860 (Øekad 45 lu~ 1860) dh /kkjk 21 ds vFkZ ds varxZr yksd lsod le>k tks;xkA
81. okn rFkk vU; dk;Zokfg;ka
fdlh Hkh O;fDr ds fo:) fdlh Hkh ,slh ckr ds laca/k esa] tks bl vf/kfu;e ds ;k mlds v/khu cuk;s fdUgha fu;eksa ds v/khu ln~HkkoukiwoZd dh x;h gks ;k ftldk lnHkkoukiwoZd fd;k tkuk vk'kf;r jgk gks] dksbZ okn vfHk;kstuk ;k vU; fof/kd dk;Zokgh ugha gksxhA
82. fjDr ds dkj.k vfof/kekU; ugha gksxh
uxj rFkk xzke fodkl izkf/kdkjh ;k fo'ks"k {ks= fodkl izkf/kdkjh ;k mldh fdlh Hkh lfefr dk dksbZ Hkh dk;Z dsoy bl dkj.k ls vfof/kekU; ugha gksxk fd& (d) mlesa dksbZ fjDr gS ;k mlds xBu esa =qfV gS] ([k) mlds v/;{k ;k lnL; ds :i esa dk;Z djus okys fdlh O;fDr dh fu;qfDr esa dksbZ =qfV gS] ;k (x) mldh izfØ;k esa dksbZ ,slh vfu;ferrk gS] tks ekeys esa xq.kkxq.k ij izHkko ugha Mkyrh gSA
83. lnL; mÙkjkf/kdkjh d sin xzg.k djus rd in ij cuk jgsxk
uxj rFkk xzke fodkl izkf/kdkjh ;k fo'ks"k {ks= fodkl izkf/kdkjh dk v/;{k ;k lnL;] viuh inkof/k dk volku gks tkus ij Hkh] rc rd in/kkj.k fd;s jgsxk tc rd fd mldk mÙkjkf/kdkjh in xzg.k u dj ysaA
84. izknsf'kd ;kstu vkfn dk fuoZpu
(1) ;fn fdlh izknsf'kd ;kstuk ds fuoZpu ds laca/k esa dksbZ iz'u mn~Hkwr gks] rks og ekeyk lapkyd dks fufnZ"V fd;k tk;sxk tks fd ml ij ,slk vkns'k ikfjr djsxk tSlk fd og mfpr le>sA (2) lapkyd ds fofuf'p; ls O;fFkr dksbZ Hkh O;fDr ,sls le; ds Hkhrj rFkk ,slh jhfr esa] tSlk fd fofgr fd;k tk;] jkT; ljdkj dks vihy dj ldsxkA (3) jkT; lapkyd dk fofuf'p; rFkk jkT; ljdkj ds fofuf'p; ds v/;/khu jgrs gq,] lapkyd dk fofu'p; vafre gksxkA
85. Rules
Section 85(1) Proviso: Condition of prior publication not applicable to rules made under Section 17C(2).
86. fofu;e
(1) ;FkkfLFkfr uxj rFkk xzke fodkl izkf/kdkjh ;k fo'ks"k {ks= fodkl izkf/kdkjh lk/kkj.kr;k bl vf/kfu;e ds iz;kstuksa dks dk;kZfUor djus ds fy, fofu;e] bl vf/kfu;e ds rFkk mlds v/khu cuk;s x;s fu;eksa ds mica/kksa ds v/;/khu jgrs gq,] cuk ldsxkA (2) fof'k"Vr;k rFkk iwoZxkeh 'kfDr dh O;kidrk ij izfrdwy izHkko Mkys fcuk] ,sls fofu;eksa esa fuEufyf[kr ds fy, mica/k gks ldsxs &
87. Repeal and Saving
(1)(a) nwljs v/;k; ds mica/kksa ds izo`Ùk gksus dh rkjh[k ls] rRle; izo`Ùk fdlh Hkh vf/kfu;fefr esa eq[; uxj fuos'kd ds izfr funsZ'k dk ;g vFkZ yxk;k tk;sxk fd og lapkyd ds izfr funsZ'k gS] (b) fdlh fuos'k {ks= dk xBu gksus dh rkjh[k ls fuEufyf[kr ifj.kke gksaxs] vFkkZr %& (one) e/;izns'k VkÅu Iykfuax ,DV] 1948 (Øekad 67 lu~ 1948) ,sls {ks= esa fujLr gks tk;sxkA (two) mDr vf/kfu;e ds v/khu rS;kj fd;k x;k dksbZ Hkh Hkwfe dk mi;ksx laca/kh ekufp=] izk:i fodkl ;kstuk ;k fodkl ;kstuk bl vf/kfu;e ds v/khu rS;kj dh x;h le>h tk;sxh @ rS;kj fd;k x;k le>k tk;sxk vkSj mlls lacaf/kr leLr dkxt i= lapkyd dks varfjr gks tk;saxs] (c) fdlh Hkh {ks= ds fy, uxj rFkk xzke fodkl izkf/kdkjh dh LFkkiuk gksus dh rkjh[k ls ml {ks= ds laca/k esa fuEufyf[kr ifj.kke gksaxs] vFkkZr %& (one) e/;izns'k VkÅu bEizwOgesaV VªLV ,DV] 1960 (Øekad 14 lu~ 1961) mDr {ks= dks mlds ykxw gksus ds laca/k esa fujLr gks tk;sxk] (two) bl izdkj LFkkfir fd;s x;s uxj rFkk xzke fodkl izkf/kdkjh dh vf/kdkfjrk ds Hkhrj d`R; dkjd jgk uxj lq/kkj U;kl fo?kfVr gks tk;sxk vkSj mDr vf/kfu;e ds v/khu rS;kj dh x;h dksbZ Hkh uxj lq/kkj Ldhe] tgka rd fd og bl vf/kfu;e ds mica/kksa ls vlaxr u gks] bl vf/kfu;e ds v/khu rS;kj dh x;h le>h tk;sxh] (three) uxj lq/kkj U;klksa dh leLr vkfLr;ka rFkk nkf;Ro] ,sls uxj lq/kkj U;kl ds LFkku ij /kkjk 38 ds v/khu xfBr fd;s x;s uxj rFkk xzke fodkl izkf/kdkjh dh vkfLr;ka rFkk nkf;Ro gksaxs rFkk le>s tk;saxs] (three-a) uxj lq/kkj U;kl dks ns; leLr vuqnku rFkk vfHknk; ,sls uxj lq/kkj U;kl ds LFkku ij /kkjk 38 ds v/khu LFkkfir fd;s x;s uxj rFkk xzke fodkl izkf/kdkjh dks ns; gksrs jgsaxs] (four) os leLr deZpkjh] tks iwoksZDr rkjh[k ds vO;ofgr iwoZ ml uxj lq/kkj U;kl ds] tks fd mi[k.M (two) esa fufnZ"V gSa] Fks ;k mlds fu;a=.kk/khu Fks] ,sls {ks= ds fy, /kkjk 38 ds v/khu LFkkfir fd;s x;s uxj rFkk xzke fodkl izkf/kdkjh ds deZpkjh le>s tk;saxs] ijUrq ,sls deZpkfj;ksa dh lsok ds fucU/ku rFkk 'krsaZ] tc rd fd os jkT; ljdkj dh iwoZ eatwjh ls uxj rFkk xzke fodkl izkf/kdkjh }kjk ifjofrZr u dj nh tk;s] ogh gksxh% ijUrq ;g vkSj Hkh fd iwoZxkeh mica/k ds v/khu dksbZ Hkh eatwjh jkT; ljdkj }kjk rc rd ugha nh tk;sxh tc rd fd mlls (eatwjh ls) izHkkfor O;fDr dks lquokbZ dk ;qfDr;qDr volj u ns fn;k x;k gks] (five) mi[kaM (two) esa fufnZ"V fd;s x;s uxj lq/kkj U;kl ds leLr vfHkys[k rFkk dkxt i= mlds LFkku ij /kkjk 38 ds v/khu LFkkfir fd;s x;s uxj rFkk xzke fodkl izkf/kdkjh esa fufgr gksaxs rFkk mls varfjr dj fn;s tk;saxsA (2) e/;izns'k Vkmu bEizwOgesaV VªLV ,DV] 1960 (Øekad 14 lu~ 1961) tks blesa blds i'pkrfujflr vf/kfu;e ds uke ls fufnZ"V gS fd mi/kkjk (1) ds [k.M (c) ds mi[k.M (one) ds v/khu fujlu gks tkus ij Hkh %& (a) ,sls leLr ekeyksa esa] tks fd fujflr vf/kfu;e dh /kkjk 71 ds v/khu Hkwfe ds vtZu rFkk uxj lq/kkj U;kl esa ml Hkwfe ds fufgr gksus ds ckjs esa izfrdj ls lacaf/kr gks rFkk ,ls fujlu dh rkjh[k ds vO;ofgr iwoZ uxj lq/kkj U;kl ;k vf/kdj.k ;k ftyk U;k;k/kh'k ds U;k;ky; ;k mPp U;k;ky; ds le{k yafcr gks] dk;Zokgh rFkk mudk fuiVkjk ;FkkfLFkfr %& (one) /kkjk 38 ds v/khu ,sls uxj lq/kkj U;kl ds LFkku ij LFkkfir fd;s uxj rFkk xzke fodkl izkf/kdkjh }kjk] (two) e/;izns'k uxj rFkk xzke fuos'k la'kks/ku vf/kfu;e 1979 ds izkjEHk gksus ds i'pkr fujflr vf/kfu;e dh /kkjk 73 ds v/khu xfBr fd;s tkus okys vf/kdj.k }kjk] (three) ftyk U;k;k/kh'k ds U;k;ky; }kjk] (four) mPp U;k;ky; }kjk] fujflr vf/kfu;e ds mica/kksa ds vuqlkj bl izdkj fd;k tk;sxk ekuksa fd ;g vf/kfu;e ikfjr gh ugha gqvk gks] (b) ;FkkfLFkfr uxj rFkk xzke fodkl izkf/kdkjh] vf/kdj.k ftyk U;k;k/kh'k dk U;k;ky; ;k mPp U;k;ky; ekeyksa esa ml izØe ls] ftl ij fd ,sls ekeys fujlu ds le; NksM+ fn;s x;s Fks] dk;Zokgh djus ds fy, rFkk mudk fuiVkjk djus ds fy, vxzlj gks ldsxkA
88. Repeal of Ordinance
e/;izns'k uxj rFkk xzke fuos'k v/;kns'k] 1973 (Øekad 2] lu~ 1973) ,rn~}kjk fujLr fd;k tkrk gSA
76-k-k. jkT; ljdkj }kjk tkap
76-K-K [1] ;fn laijh{kk] tkap ;k fujh{k.k ds vuqØe esa ;g ik;k tkrk gS fd dksbZ O;fDr] ftls fodkl izkf/kdj.k dk laxBu ;k izca/k lkSaik x;k gS vFkok lkSaik x;k Fkk] ftlds varxZr ,sls izkf/kdj.k dk v/;{k vkSj ,sls vU; vf/kdkjh vkSj lsod Hkh gksaxs] fodkl izkf/kdj.k dks /kuh; gkfu igqapkus okys fdlh dk;Z ;k dk;Zyksi ds fy, mÙkjnk;h gS] rks jkT; ljdkj] lE;d~ tkap ds i'pkr ,sls O;fDr dks mruh gkfu dh iwfrZ djus dk vkns'k ns ldsxh tks jkT; ljdkj U;k; laxr vkSj lkE;kiw.kZ le>s :
ijUrq bl /kkjk ds v/khu dksbZ vkns'k rc rd ugha fd;k tk;sxk tc rd lacaf/kr O;fDr dks ml ekeys esa lqus tkus dk ;qfDr;qDr volj u ns fn;k tkrk :
ijUrq ;g vkSj Hkh fd ,sls ekeyksa esa olwyh ds vfrfjDr] jkT; ljdkj ,sls O;fDr ;k O;fDr;ksa ds fo:) ,slh vU; dkjZokgh Hkh 'kq: dj ldsxh tks og Bhd le>sA
Li"Vhdj.k & bl /kkjk ds iz;kstu ds fy, fodkl izkf/kdj.k ds v/;{k ;k fdlh vf/kdkjh ;k lsod }kjk bl vf/kfu;e ;k mlds v/khu cuk;s x;s fu;eksa ds mYya?ku esa dh x;h fu;qfDr dks /kuh; gkfu le>k tk;sxkA
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