Arrears of betterment fax shall be realised in the manner Arrears of

TO HIGHWAYS AND LEVY OF BETTERMENT TAX CHAPTER—VII CONTROL OF ROADSIDE LANDS 27. {l) The State Government shall, by notification in the official Ap ne gazette, appoint a Planning Board (hereinafter referred to as the Board) Boards for for the control of township, development in the State in areas adjoining control of highways outside the territorial jurisdiction of Municipalities, City gevelopmust Corporations, City improvement Trusts or like Bodies not being adjoining District Boards: highways: Provided that the State Government may, if it considers a single Board to be inadequate for handling the work in the whole State, appoint more than one such Board, each for a specified region in the State.

1. (2) The State Government may, at any time by notification in the official gazette, add to or reduce the area of jurisdiction of a Board.
2. (3) A Board, so appointed, shall be a body corporate and have perpetual succession and a common seal and shall sue and be sued by its own name. Constitution 28. (1) A Board shall consist of such number of members, official Cag. or noo-official, pot being less than three, as the State Government may ping Board from time to time determine by notification in the official gazette: and transac- tion ef busi- aess byit.
3. (2) One of the members of the Board shall be a Highway Eagineer, a second Town Planner with knowledge of architecture, and a third with experience inland valuation.
4. (3) The Board shall meet and transact business in accordance with such rules as may be prescribed by the State Government in this behalf,
5. (4) Such rules shall also provide for the appointment of a chairman from among the technical members of the Board, the payment of remuneration and travelling allowance to him and to the other members, and the appointment of staff for the Board.
6. (5) If any member of a Board owns, or has any interest in, 1and lying in any area the development of which is controlled by such a Board, he shall take no part in the proceedings of the Board relating to such area.
7. (6) A Board shall be provided by the State Government with such funds as may be required for the proper discharge of its functions and shall maintain regular accounts in accordance with such rulesas may be prescribed by the State Government in this behalf. 28A. (1) Whenever a highway authority has reason to believe specification that an area adjacent to a highway outside the territorial limit of a of areas Municipality, City Corporation or City improvement Trust or other where con- Tike body not being a District Board, is likely fo develop into a Selig o° building or industrial area and that such development if left unregulated over develop- is likely in course of time to affect the highway adversely, it shall ment, in writing request the State Government to direct the Board, or the appropriate Board if more than one such Board have been appointed in the State, to control the Development in that area.
8. (2) On receipt of such request from a highway authority, or at its own instance, or at the instance of any class of public, and after making such enquiries as may be deemed necessary, the State Govern~ ! ment may by notification in the official gazette direct the Board, or ths appropriate Board if there is more than one in the State, to exercise control over development in such area: Provided that the State Government may, at its discretion direct in adjoining Municipality, City Corporation, City Improyement Trust or other like body to exercise control over such area in accordance with the law under which such body functions within its own limits of jurisdiction, 29. (1) The Board shall, as soon as possible after it has been Survey and notified to exercise control over development in any area, have a survey demarcation made of such area and shall have the boundaries thereof demarcated pe] area with reference to the survey. paratio Mri . . layout plan
9. (2) The boundaries so demarcated shall be notified by the Board for its deve- jn the official gazette in such detail as may be necessary for the proper lopment. identification of the area. ’ [ON Within a year of the date of the notification jssued under sub-section (2) or such lopger period asmay be specially permitied} by the State Government in this behalf, the Beard shall prepare a layout plan of the area showing the sites of proposed roads, parkSs playfields, residential localities, industrial arcas, access lanes to the adjacent highway, ete.
10. (4) The access points to the adjacent highway and the general’ layout plan shall be fixed jn consultation with the highway authority concerned. © The layout plan so prepared hall be deposited bY the Board with {he Principal Revenue Officer of tbe district in_which such area. is located and also in its OWRD office and in the office of the high— way authority concerned, and the plan so deposited shall be available: for inspection by the public free of charge at all reasonable times- 6) Copies of the plan shall be made available to 20y interested member of the public on application to the Board and on payment of such reasonable cost 8S may be fixed by the Board. Regulation 30. (1) It shall be unlawful aftera potification has been issued of even, by the Board under sub-section (2) of Section 29, to construct oF,

area. in the pe.construct any building in the area so notified, or 10 layout any

means of access in that area towards the adjacent highway without obtaining the prior permission of the Board.

1. (2) Every person wishing to construct of re-construct any structure or to layout apy means of access in that area shall apply to the Board for permission in such form and with such details and plans and together with such fees, if any, as may be prescribed by the Board. :
2. (3) The Board shall, as soon as possible after the receipt of an application, by order in writing either
   • (a) grant the necessary permission, with or without such reason= : able conditions as may be specified in the order, if the prope sal of the applicant is not inconsistent with the layout of the area planned Of contemplated, aod is otherwise unobjection- able, or
   • (b) refuse the permission. 4) 1f at the expiration of 3 months from the date of appli- cation No order in WIiting has been passed by the Board, permission shall be deemed to have been given without the imposition of any conditions: Provided, however, 10 such automatic grant of permission shall be presumed if the application is for the laying out of any means of access towards the adjacent highway.
3. (5) In the event of refusal of peimissicn, the Board shall communicate to the applicant the defects or the objectionable features. of the proposal responsible for its rejection.
4. (6) The applicant may re-submit the proposal to the Board after removing the defects or objectionable features and such appli- cation shall be disposed of by the Board under sub-section (3) as if it were a fresh application.
5. (7) If in course of execution of any work after obtaining the permission of the Board, the applicant desires to make any substantial alteration in the approved plan, a fresh application shall be made to the Board as if the modified plan constituted a fresh proposal and, pending the disposal of such fresh application by the Board under sub-section (3), the construction work shall be suspended by the applicant.
6. (8) Any person feeling aggrieved by an order issued by the Board under sub-section (3) sanctioning any proposal subject to conditions or rejecting it, may, within three months of the date of the order of the Board, prefer an appeal to the State Government whose order in the matter shall be final.
7. (9) If any .person constructs or re-copstructs any structure or lays out any means of access without obtaining the permission of the Board, or where permission of the Board has been obtained, makes in course of execution of the work any substantial deviation from the approved plan, the Board may, without prejudice to any other proceedings which may be taken against him, have the structure removed or the means of access closed apd recover from him the expenditure involved, together with 15% departmental charges, in accordance with the procedure prescribed under Section 23 in so far as that procedure is applicable.
8. (10) The Poard shall be the sole judge of what constitutes substantial deviation from the approved plan for purposes of sub- section (9g k

31. (1) Where after the issue of a notification under sub-section (2) Plansing

of Section 29 it appears to the Beard that the planned development Board to of the notified area can be secured only by acquiring land in that acquire land area, it may, with the prior consent of the State Government, acquire fod planned y 4 A ve evelopment, the entire area or such part of it as may be considered necessary, where neces- either by direct negotiation with the owner or failing such negotiation, sary. by resort to the provisions of the Land Acquisition Act, 1894. _ (2) Such area as may be acquired under sub-section (1) shall te properly laid out by the Board, the necessary improvements effected and sites assigned sold or leased to the public for a specified, period Hot exceeding 99 years, for construction according to approved plans.

i

’ CHAPTER—VIII LEVY OF BETTERMENT TAX

Planning 32, (1) Where a Board is of the opinion that the value of Board to land in any area in its charge is likely to increase as a result of [sped the development at public expense of any area adjoining a highway, pid yi it may, with the previous consent of the State Government, decide with the to levy a betterment tax in respect of such area :

Consent of

te Government Provided that where in pursuance of Section 31 the Board has hed LN acquired any area and has had it properly laid out aad sold or determite (8® feased to the public, no betterment tax shall be levied in respect of such area.

1. (2) The State Government, when approached by the Board under sub-section (1) for its comsent to the levy of betterment tax in any area, shall while giving such ccnsent determine the percentage rate, not exceeding 80% of the betterment value, at which the tax shall be levied in such area and communicate the same to the Board.
2. (3) Where it is decided to levy abetterment tax in respect of any area, the Board shall cause the decision to be notified in the official gazette and shall also secure further publicity to the notification in the manner prescribed under sub-section (4) of Section 11.
3. (4) The notification shall specify :—
4. (2) the exact area in which the betterment tax is to be levied,
   • (b) the date on which the prevailing land value shall be deemed to be the basic value for purposes of commuting betterment, and {c) the percentage rate of betterment value at which better- ment tax shall be levied, as determined by the State Government under sub-section (2). t (5) When the development or improvement of the area adjoining the highway has been completed or, in the opinion of the Board, has reached a stage sufficiently advanced to enable the resulting betterment to be determined, the Board shall notify in the official i gazette the date on which the execution of ihe scheme has been completed or shall be deemed to have been completed, and shall also cause further publicity to such notification in the manner prescribed under sub-section (4) of Section 11. Computation 33. (1), For land which has already been built upon or on of betterment which permission to build has already been accorded before the date value. notified under sub-section (5) of Section 32, betterment value shall be the value on that date less the basic value as computed with reference to the date notified under sub-section (4) of that Section less, the estimated cost of improvement work, if any, carried out by the owner between the two dates.
5. (2) For land which on the date notified under sub-section 5) of Section 32 has neither been built upon nor in respect of which permission to build has been accorded before that date, the betterment B value shall be the value on the date when permission to build is granted less the basic value as computed with reference to the date notified under sub-section (4) of Section 32, less the estimated value of improvement, if aay, carried out by the owner between the two latter dates. 34. (1) The Board shall, at any time after a month of the publi- Assessment cation of the notification uader sub-section (5) of Section 32 assess the of Better amouut of betterment tax payable by every individual owner of land, and ~ ent tax. shall serve a notice on him in writing in the prescribed manner, specifying the amount of the tax payable by him, the details of calculation, tae instalments if any in which paymen: may be made, the date or dates on or before which payment of the full amount or of the instalments shall be made, and the authority to whom payment shail be tendered.
6. (2) Aay person on whom a notice for payment of betterment tax bas been served under sub-section (1), may within one month from the date of service of such notice, file an objection before the Board ia respect of the assessment made against him. Provided that the Board shall have discretion to entertain objections even after the expiry of the period of one month if it is satisfied that the failure to file such objections in time was due to canses beyond the control of tke objector. * mr
7. (3) After an opportunity has been given to the objector of being heard in person or through pleader the Board may confirm, modify or cancel the assessment made under sub-section (1).
8. (4) Any person aggrieved by the order issued by the Board under sub-section (3) may, within two months from the date of such order, appeal to the appropriate Civil Court.
9. (5) If any person on whom a notice has been served under sub-section (1), fails to file any objection under sub-section (2), the assessment shall be conclusive and shall not be questioned in any court of law. 35. (1) The person lable to pay a betterment tax may, it bas Besterment- ~ option, instead of making either a lump-sum payment or payment tax may at by instalments where allowed by the Board, execute an agreement option of with the Board or any other authority specially authorised by the State oe owner Government in this behalf, to leave the said liability outstanding as made a a charge on his interest in the land subject to the pavement in perpe- charge om 3 tuity of interest at the rate of 6% per annum. higinferest
10. (2) A person who has exercised his option under sub-section
11. (1) may at any time after giving six months notice of his intention s0 to do, redeem the charge of paying the assessed mount of betterment tax or such part of it as may have been outstanding against him at the time he executed the agreement under sub-section (1).

provided for the recovery of arrears of land revenue. beermant

recovered as arrears of land revenue.

Appropria; 37- The proceeds of the betterment tax, levied in any area, shall don of the after deduction of the assessment and collection charges, be made coeds of nent ges, Rsttorment over by the Board to the Provincial Government may direct. tax.