Chapter IV Chapter IV

Matters to be provided for by general improvement scheme or rebuilding scheme. (1) Whenever it appears to the trust that - (a) any buildings which are used or are intended or likely to be used as dwelling places within its local area are unfit for human habitation, or (b) danger is caused or likely to be caused to the health of the inhabitants of such local area or part thereof by reason of - (i) the congested condition of streets or buildings or groups of buildings in such local area or part, or (ii) the want of light, air, ventilation or proper conveniences in such local area, or part, or (iii) any other sanitary defects in such local area or part, the trust may pass a resolution to the effect that such local area or part is in an insanitary locality and that "a general improvement scheme" ought to be framed in respect of such locality and may then proceed to frame such a scheme. (2) Whenever the trust declares any local area or part thereof to be an insanitary locality within the meaning of this section, and is of opinion that having regard to the comparative value of the buildings in such local area or part and the sites on which they are erected it is undesirable to frame a general improvement scheme and the most satisfactory method of dealing with the local area or any part thereof is "a rebuilding scheme," it may proceed to frame such a scheme, which may provide for the reservation of streets and the enlargement of existing streets; the relaying out of the sites of the local area or part thereof upon the streets so reserved or enlarged; the demolition of existing buildings and their appurtenances upon such sites; and the erection of buildings in accordance with the scheme.

Street schemes and deferred street schemes. (1) Whenever it appears to the trust that for the purpose of - (i) providing building sites, or (ii) remedying defective ventilation, or

(1) The trust may, for the purpose of development of any locality within the municipal limits contained in its local area, prepare "a development scheme", and (2) Such trust may, if it is of opinion that it is expedient and for the public advantage to promote and control the development of and to provide for the expansion of a municipality in any locality adjacent thereto, within the local area of such trust prepare "an expansion scheme". (3) "A development scheme" or "an expansion scheme" may provide for the lay- out of the locality to be developed, the purposes for which particular portions of such locality are to be utilised, the prescribed street alignment and the building line on each side of the streets proposed in such locality, the drainage of insanitary localities and such other details as may appear desirable.

If the trust is of opinion that it is expedient and for the public advantage to provide housing accommodation for any class of the inhabitants within its local area such trust may frame "a housing accommodation scheme" for the purpose aforesaid : Provided that if the State Government are satisfied that within the trust area it is necessary to provide housing accommodation for industrial labour, the State Government may by order require the trust to frame a scheme under this section and to do all things necessary under the Act for executing the scheme so made; and if the trust fail within such time as may be prescribed to frame a scheme to the satisfaction of the State Government and to execute it, the State Government may either by order require the municipal committee to frame and execute a scheme, or themselves frame a scheme and take such steps as are necessary to execute it. All expenses incurred by the State Government or by the municipal committee in the exercise of the powers conferred upon them by this section shall, in the first instance, be paid out of State revenues, but the amount so spent shall be recoverable from the trust as if it were a debt due to the State Government, and the State Government may attach the rents and other income of the trust. The provisions of section 72 shall also apply to all moneys so paid.

Whenever the trust deems it necessary that accommodation should be provided for persons who are displaced by the execution of any scheme under this Act, or are likely to be displaced by the execution of any scheme, which it is intended to submit to the State Government for sanction under this Act it may frame a rehousing scheme for the construction, maintenance and management of such and so many dwellings and shops as ought in the opinion of the trust, to be provided for such persons.

Any resident house-owner who is likely to be displaced by the execution of any scheme under this Act, may apply to the trust to be re-housed and no such scheme shall be put into execution until a re-housing scheme as provided for in section 26 for the re- housing of such resident house-owners as may apply under this section has been completed. Explanation. - The demolition of a portion of a dwelling house which renders the remaining portion uninhabitable shall be deemed to be a displacement of the person or persons residing in the said dwelling house.

Combination of schemes and matters which may be provided for in scheme. (1) A scheme under this Act may combine one or more types of scheme or any special features thereof. (2) A scheme under this Act may provide for all or any of the following matters:(i) the acquisition under the Land Acquisition Act, 1894, as modified by this Act, or the abandonment of such acquisition under sections 56 and 57 of this Act, of any land or any interest in land necessary for or affected by the execution of the scheme, or adjoining any street, thoroughfare open space to be improved or formed under the scheme; (ii) the acquisition by purchase, lease, exchange or otherwise of such land or interest in land; (iii) the retention, letting on hire, lease, sale, exchange or disposal otherwise of any land vested in or acquired by the trust; (iv) the demolition of buildings or portions of buildings that are unfit for the purpose for which they are intended and that obstruct light or air or project beyond the building line; (v) the relaying out of any land comprised in the scheme and redistribution of sites belonging to owners of property comprised in the scheme; (vi) the laying out and alteration of streets; (vii) the provision of open spaces in the interests of the residents of any locality comprised in the scheme or any adjoining locality and the enlargement or alteration of existing open spaces; (viii) the raising, lowering or reclamation of any land vested in or to be acquired by the trust for the purposes of the scheme and the reclamation or reservation of land for the production of fruit, vegetables, fuel, fodder and the like for the residents of the local area; (ix) the draining, water-supply and lighting of streets altered or constructed; (x) the provision of a system of drains and sewers for the improvement of ill-drained and insanitary localities; (xi) the doing of all acts intended to promote the health of residents of the area comprised in the scheme, including the conservation and preservation from injury or pollution of rivers and other sources and means of water supply; (xii) the demolition of existing buildings and the erection and re- erection of buildings by the trust or by the owners or by the trust in default of the owners; (xiii) the advance to the owners of land comprised within the scheme upon such terms and conditions as to interest and sinking fund and otherwise as may be prescribed under the scheme of the whole or part of the capital requisite for the erection of buildings in accordance with the scheme; (xiv) the provision of facilities for communication; (xv) all other matters which the State Government may deem necessary to promote the general efficiency of a scheme or to improve the locality comprised in such scheme.

Effect of prescribing a street alignment on powers of municipal committee. Notwithstanding anything contained in the Municipal Act, whenever any street alignment has been prescribed by the trust in any scheme under this Act with the sanction of the State Government the municipal committee shall not have power to prescribe a regular line for the street within the limits of the scheme, and any such line previously prescribed by the committee within such limits shall cease to be the regular line or line of frontage of the street.

Powers of trust to set back or forward buildings adjacent to the street alignment. (1) Should any building or part of a building project beyond the regular line of a street, either existing or determined on for the future, or beyond the front of the building on either side thereof, the trust may whenever such building or part has been either entirely or in greater part taken down or burnt down or has fallen down, by written notice, require such building or part when being rebuilt to be set back to or towards the said regular line or the front of the adjacent buildings; and the portion of the land added to the street by such setting back or removal shall become part of the street and shall vest in the trust.

(1) In the locality comprised in a scheme under this Act, no person shall, except with the written permission of the trust, erect, re-erect, add to or alter any building so as to make the same project beyond a street alignment or building line duly prescribed by the trust. (2) In the locality comprised in a development scheme or an expansion scheme, if any person desires to erect, re-erect, add to or alter any building on his land so as to make the same project beyond a street alignment or a building line duly prescribed by the trust, he shall apply to the trust for permission to do so, and if the trust refuses to grant permission to such person according to his application, and does not proceed to acquire such land within one year from the date of such refusal, it shall pay reasonable compensation to such person for any damage or loss sustained by him in consequence of such refusal.

(1) In the locality comprised in a deferred street scheme the owner of any property affected by a street alignment duly prescribed by the trust may, at any time after the scheme has been sanctioned by the State Government, give the trust notice requiring it to acquire such property before the expiration of six months from the date of such notice, and the trust shall acquire such property accordingly. (2) In the locality comprised in a deferred street scheme, before proceeding to acquire any property affected by a street alignment duly prescribed by the trust other than property regarding which it has received a notice, under the preceding clause, the trust shall give six months’ notice to the owner of its intention to acquire the property.

(1) A scheme under this Act may be framed upon an official representation by the municipal committee or otherwise. (2) An official representation referred to in sub-section (1) may be made by the municipal committee - (a) on its own motion, or (b) on a written complaint by the medical officer of health, or (c) in respect of any area comprised in a municipal ward, on a written complaint signed by twenty-five or more inhabitants of such ward. (3) If the municipal committee decides not to make an official representation on any complaint made to it under clause (b) or clause (c) of sub-section (2) it shall cause a copy of such complaint to be sent to the trust, with a statement of the reasons for its decision.

(1) The trust shall consider every official representation made under section 33, and if satisfied as to the truth thereof and as to the sufficiency of its own resources, shall decide whether a scheme under this Act to carry such representation into effect should be framed forthwith or not, and shall forthwith intimate its decision to the municipal committee. (2) If the trust decides that it is not necessary or expedient to frame a scheme under this Act forthwith, it shall inform the municipal committee of the reasons for its decision. (3) If the trust fails, for a period of twelve months after the receipt of any official representation made under section 33, to intimate its decision thereon to the municipal committee, or if the trust intimates to the municipal committee its decision that it is not necessary or expedient to frame a scheme of a type other than that recommended by the municipal committee, the municipal committee may, if it deems fit, refer the matter to the State Government. (4) The State Government shall consider every reference made to it under sub-section (3) and (a) if it deems that the trust ought to have passed a decision within the period mentioned in sub-section (3) shall direct the trust to pass a decision within such further period as the State Government may deem reasonable, or (b) if it deems that it is expedient that a scheme should forthwith be framed, shall direct the trust to proceed forthwith to frame a scheme. Such a direction may prescribe the type of scheme to be framed. (5) The trust shall comply with every direction given by the State Government under sub-section (4).

Matters to be considered when framing improvement Schemes. When framing a scheme under this Act in respect of any locality, regard shall be had to- (a) the nature and the condition of adjoining localities and of the town as a whole; (b) the direction in which the town appears likely to expand; and (c) the claims of any other part of the local area likely to require a scheme under this Act.

Preparation, publication and transmission of notice as to improvement schemes, and supply of documents to applicant (1) When a scheme under this Act has been framed, the trust shall prepare a notice stating - (i) the fact that the scheme has been framed, (ii) the boundaries of the locality comprised in the scheme, and (iii) the place at which details of the scheme including a statement of the land proposed to be acquired and a general map of the locality comprised in the scheme may be inspected at reasonable hours. (2) The trust shall - (a) notwithstanding anything contained in section 78 cause the said notice to be published weekly for three consecutive weeks in the Official Gazette and in a newspaper or newspapers with a statement of the period within which objections will be received, and (b) send a copy of the notice to the president of the municipal committee, and to the medical officer of health. (3) The chairman shall cause copies of all documents referred to in clause (iii) of sub-section (1) to be delivered to any applicant on payment of such fees as may be prescribed by rule under section 74.

The president of any municipal committee and the medical officer of health to whom a copy of a notice has been sent under clause (b) of sub-section (2) of section 36 shall, within a period of sixty days from the receipt of the said copy, forward to the trust any representation which the municipal committee or the said medical officer of health may deem fit to make with regard to the scheme.

Notice of proposed acquisition of land. (1) During the thirty days next following the first day on which any notice is published under section 36 in respect of any scheme under this Act the trust shall serve a notice on - (i) every person whom the trust has reason to believe after due enquiry to be the owner of any immovable property which it is proposed to acquire in executing the scheme, (ii) the occupier (who need not be named) of such premises as the trust proposes to acquire in executing the scheme. (2) Such notice shall - (a) state that the trust proposes to acquire such property for the purposes of carrying out a scheme under this Act, and (b) require such person, if he objects to such acquisition, to state his reasons in writing within a period of sixty days from the service of the notice. (3) Every such notice shall be signed by, or by the order of, the chairman.

The president of the municipal committee shall furnish the chairman at his request and on payment of such fees as may be prescribed by rule made under section 73 with a copy of such information relating to a locality regarding which a notice has been published under section 36 as is available in the municipal records.

Abandonment of scheme, or application to State Government to sanction it. (1) After the expiry of the periods respectively prescribed under clause (a) of sub-section (2) of section 36, by section 37 and by clause (b) of sub- section (2) of section 38, in respect of any scheme under this Act, the trust shall consider any objection, or representation received thereunder, and after hearing all persons or their representatives making any such objection or representation, who may desire to be heard, the trust may either abandon the scheme or apply to the State Government for sanction to the scheme with such modifications (if any) as the trust may deem necessary. Provided that no scheme shall be abandoned by the trust without the prior approval of the State Government. (2) Every application submitted under sub-section (1) shall be accompanied by- (i) complete plans and details of the scheme and an estimate of the cost of executing it; (ii) a statement of the reasons for modifications (if any) made in the scheme as originally framed; (iii) a statement of objections (if any) received under section 36; (iv) the representation (if any) received under section 37; (v) a list of the names of all persons (if any) who have objected under clause (b) of sub-section (2) of section 38, to the proposed acquisition of their property and a statement of the reasons given for such objection; and (vi) a statement of the arrangements made or proposed by the trust for the re-housing of persons who are likely to be displaced by execution of the scheme and for whose re-housing provision is required. (3) When any application has been submitted to the State Government under sub-section (1), the trust shall cause notice of the fact to be published for two consecutive weeks in the Official Gazette and in a newspaper or newspapers.

Power to sanction, reject or return scheme. (1) The State Government may sanction, either with or without modification, or may refuse to sanction, or may return for reconsideration, any scheme submitted to it under section 40. (2) If a scheme returned for reconsideration under sub-section (1) is modified by the trust, it shall be republished in accordance with section 36 - (a) in every case in which the modification affects the boundaries of the locality comprised in the scheme, or involves the acquisition of any land not previously proposed to be acquired; and (b) in every other case, unless the modification is in the opinion of the

(1) The State Government shall notify the sanction of every scheme under this Act, and the trust shall forthwith proceed to execute such scheme, provided that it is not a deferred street scheme, development scheme, or expansion scheme and provided further that the requirements of section 27 have been fulfilled. (2) A notification under sub-section (1) in respect of any scheme shall be conclusive evidence that the scheme has been duly framed and sanctioned. (Proviso) Provided that no notification in respect of sanction of a scheme shall be issued after the expiry of the three years from the date of first publication of notice relating to that scheme under section 36,

Inclusion of different localities in combined scheme. Any number of localities in respect of which the trust has framed or has proposed to frame schemes under this Act may, at any time, be included in one combined scheme.