MADHYA PRADESH GRAM PANCHAYAT (DEVELOPMENT OF COLONIES) RULES, 2014

PREAMBLE

In exercise of the powers conferred by sub section (1) of section 95 read with section 61-A to 61-E of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No. 1 of 1994), the State Government hereby, makes the following rules, the same having been previously published in the Madhya Pradesh Gazette (Extra-ordinary) dated 1st March, 2014 as required by sub-section (3) of section 95 of the said Act, namely:-

CHAPTER-I PRELIMINARY

Rule - 1. Short title, extent, commencement and application.

(1)     These Rules may be called the Madhya Pradesh Gram Panchayat (Development of Colonies) Rules, 2014.

(2)     They shall extend to the entire State of Madhya Pradesh.

(3)     They shall come into force with effect from the date of their publication in the Madhya Pradesh Gazette.

(4)     These Rules shall be applicable to the Gram Panchayat areas of Madhya Pradesh.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,-

(a)      "Act" means the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No. 1 of 1994);

(b)      "Additional shelter fee" means the fee levied and collected in lieu of maintenance of external development work;

(c)      "Competent Authority" means in those district, in which constituted Municipal Corporation is existed, the Collector of those district and Sub Divisional Officer (Revenue) for other districts in their jurisdiction.

(d)      "Economical Weaker Section" means group of such class of persons who are notified by the state government by a specified gazette notification from time to time. The Madhya Pradesh Gazette notification dated 15 July 2014 has fixed annual income for EWS as under:-

EWS-Income of Rs. 1,00000 (One Lac) Per family per year.

(e)      "External development work" means the development work as given below:-

(i)       Construction of new road between the outer limit of colony and existing road of village (minimum width 3.75 meters carriage way and 6 meter road way for a colony less than 2 hectares in area. For others 7 meters divided carriage way and a shoulder of 1.8 meters on either side of the road).

(ii)      Re-construction and widening of existing road connecting the outer limit of the colony to the main road (minimum width 3.75 meters carriage way and 6 meters road way for a colony less than 2 hectares in area. For others 7 meters divided carriage way and shoulder of 1.8 meters on either side of the road).

(iii)     Laying electric line from the limits of the colony to the existing electrical energy point.

(iv)    Connecting existing underground sewerage, if any with the sewerage system of the colony:

Provided that the execution of the above development work shall be done by the Colonizer in compliance with the prescribed standards.

(f)       "Family" means a basic social unit consisting of parents and their minor children, considered as a group, whether dwelling together or separately.

(g)      "Floor Area Ratio" (FAR) means the quotient obtained by dividing the total covered area (plinth area) on all the floors by the area of the plot;

(h)     "Form" means forms appended to these rules;

(i)       "Group Housing" means Housing for more than one dwelling unit, where land is owned jointly (as in the case of co-operative societies or the public agencies, such as local authorities or housing boards, etc) and the construction is undertaken by one Agency.

(j)       "Internal development work" means the development work to be done within the limits of the colony as per the prescribed standards as given below:-

(i)       Levelling;

(ii)      Demarcation of the proposed roads and plots sanctioned in the layout;

(iii)     Construction of proposed roads including widening of the existing road (as per the IRC standards);

(iv)    Construction of culverts (as per the IRC standards);

(v)      Construction of proposed drains (as per the MPPHE standards);

(vi)    Mandatory construction of overhead water tank if the area of the colony is more than 2 hectares and construction of sump tank in case the area of the colony is more than 1 hectare but less than 2 hectares;

(vii)   Construction of internal water supply system (as per the MPPHE standards);

(viii)  Construction of internal sewage line and septic tank if proposed (as per the MPPHE standards);

(ix)    Fixation of electric polls etc. under the internal electricity system (as per the MPEB standards);

(x)      Laying of cables for internal electrification (as per the MPEB standards);

(xi)    Plantation along the road side, development of children playground with 4.5 feet high boundary wall;

(k)      "Lower Income Group" means group of such class of persons who are notified by the state government by a specified gazette notification from time to time. The Madhya Pradesh Gazette notification dated 15 July 2014 has fixed annual income for LIG as under:-

LIG-Income of Rs. from 1,00001 (Rs. one lac one) to 2,00000 (Rs. two lac) per family per year.

(l)       "Raw Land" means such Land for which the permission has been issued to the colonizer for development.

(m)    "Saleable residential area" means the total area of residential plots developed or to be developed or the total built up area of residential units constructed or to be constructed, for which a Layout has been approved by the Competent Authority;

(n)     "Shelter Fee" means fee levied and collected in lieu of the reservation of land or floor area as the case may be, determined on the basis of the rates notified by the State Government;

(o)      "Sub-Divisional Officer (Revenue)" means the Sub-Divisional Officer appointed under the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959);

(p)      "Shelter Fund" means the amount of fund received under the provisions of these rules.

CHAPTER-II REGISTRATION

Rule - 3. Registration of Colonizer.

(1)     Any person who intends to develop a colony in any Gram Panchayat Area shall apply to the Competent Authority for registration in Form-1 appended to these rules accompanied by the documents mentioned therein and a copy of the receipt for having deposited the registration fee in concerning district Panchayat shelter fund.

(2)     The application for registration shall be decided by the Competent Authority within a period of sixty days. In case the application is rejected, the reasons for such rejection shall be intimated in writing.

(3)     Any person aggrieved by the rejection of an application made under sub-rule (1) may file an appeal before the Divisional Commissioner within thirty days from the date of such rejection.

(4)     The registration certificate shall be issued in Form-2 appended to these rules. The Competent Authority shall have power to impose other conditions with the consultation of the State Government in special circumstances looking to the local circumstances, apart from the terms and conditions as mentioned in these Rules or the Act.

(5)     The registration certificate, unless revoked earlier, shall remain valid for a period of five years, thereafter on application, it may be renewed for a further period of 5 years by payment of renewal fees. During the validity of the registration, the Colonizer shall be authorized to develop colonies in accordance with the provisions of the Act or Rules made there under, within any Gram Panchayat Area of the district.

Rule - 4. Registration fee.

The registration fee shall be Rs. 50,000/- (Rupees Fifty Thousand), and renewal fee shall be Rs. 10,000/- (Rupees Ten Thousand), which shall be deposited in the Shelter fund of the concerning Zila Panchayat.

Rule - 5. Disqualification for registration.

No person shall be eligible for registration if:

(I)      (1) he has been convicted of an offence punishable under-

(a)      section 420 of the Indian Penal Code, 1860 (45 of 1860);

(b)      the Protection of Civil Rights Act, 1955 (No. 22 of 1955); and

(c)      Prevention of Money Laundering Act, 2002 (No, 15 of 2003);

(2) he has been adjudged to be of unsound mind by a Competent Court.

(3) his registration had been earlier revoked under these rules.

(4) If he has been adjudged bankrupt/insolvent by a competent Court.

(II)     No such person as mentioned in sub-rule (1) above, shall be a partner of the firm of a Colonizer or a Director of the Society or a Company, who/which has applied for registration.

Rule - 6. Maintenance of Register.

The Competent Authority shall maintain a register in Form-3 appended to these rules both in office and online to be put in public domain, wherein the full details of the registration certificate shall be entered together with terms and conditions. The registered colonizer shall intimate the Competent Authority, in the case of any change in material particulars furnished at the time of registration.

Rule - 7. Cancellation of Registration Certificate.

Where any colonizer starts the development work of the colony or sells the plots without obtaining permission under rule 9 or in contravention of the terms and conditions of permission granted or has furnished incorrect particulars at the time of registration or has subsequently incurred any disqualification or violated any provision of the Act or of the Rules, the Competent Authority may without prejudice to its rights to take such other legal action as may be considered appropriate in the circumstances of the case, and after recording reasons in writing, cancel the registration certificate and communicate the same to the concerned colonizer:

Provided that no registration certificate shall be cancelled unless a reasonable opportunity of being heard has been provided to the colonizer.

Rule - 8. Appeal.

Any Colonizer aggrieved by the order of cancellation passed under section 7, may prefer an appeal before the Divisional Commissioner within thirty days from the date of the order.

CHAPTER-III PERMISSION FOR DEVELOPMENT OF COLONY

Rule - 9. Application for the development of the colony and license fee.

(1)     Where a registered Colonizer intends to develop any colony and take up development work, he shall submit an application in Form-4 to the Competent Authority.

(2)     The fee for the permission of development of the colony shall be payable at the rate of Rs. 10000/- (Rupees Ten Thousand) per hectare.

(3)     The fee shall be deposited by the Colonizer in the shelter fund of the concerned Zila Panchayat and a photo copy of the receipt shall be enclosed as proof of payment with the application.

(4)     The Competent Authority may ask the applicant to furnish such documents or information, as it may consider necessary keeping in view the facts and circumstances of a particular case.

(5)     The Competent Authority shall reject the application if the requisite fee is not deposited and required documents are not furnished or are not in order.

(6)     The Competent Authority shall decide the application within sixty days from the date of presentation thereof: Provided that the period taken to obtain the additional documents or information shall be excluded from the period of sixty days. In the case of rejection, the reasons thereof shall be communicated to the applicant in writing and 90% of the registration fee shall be refunded.

(7)     The Competent Authority shall, after ensuring the compliance with the provisions of rule 10, 11 and 16 grant the permission in Form-5 to develop colony. The authority may impose such conditions as it may consider appropriate.

(8)     If the applicant does not receive any information from the Competent Authority regarding disposal of the application within the period specified in sub-rule (6) above, he shall bring this fact to notice of the Competent Authority by a letter in writing. In case the Competent Authority does not issue any order within 15 days from the date of receipt of such letter, the permission shall be deemed to have been granted.

Rule - 10. Lay out of proposed colony.

(1)     Where the proposed colony to be developed, is situated in any Planning Area constituted under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973), the application under rule 9 shall be accompanied by an approved layout in Form-6 appended to these rules as provided in Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973), and Madhya Pradesh Bhoomi Vikas Niyam 2012.

(2)     Where the land proposed to be developed is situated outside any planning area constituted under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, the Sub-Divisional Officer (Revenue) shall seek the opinion of the Competent Authority of concerned Town and Country Planning authority. Only after receipt of affirmative opinion the diversion order of the said land under section 172 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) shall be issued. After the approval of layout and issuance of diversion order, the building permission shall be granted by the Officer having Jurisdiction under clause (B) of sub-rule (5) of rule 2, of the Madhya Pradesh Bhoomi Vikas Niyam, 2012.

Rule - 11. Provision of plots or dwelling units for ECONOMICALLY WEAKER SECTIONS/LOWER INCOME GROUPS.-

(1)     Colonizer, in case of developed plots, shall reserve 6% of the saleable area for EWS and LIG (3% each for EWS and 3% for LIG) and in case of dwelling units 6% of the total built up area shall be kept reserve for EWS and LIG (3% for EWS and 3% for LIG).

If the total area of a colony is less than 2 hectare, colonizer shall reserve developed plots/dwelling units as the case may be for EWS/LIG in the same colony. However if the total area of colony exceeds 2 hectare, 6% developed plots/dwelling units may be kept reserved for EWS/LIG within the radius 2 kilometre from the main campus in lieu of reserving them in the same campus. However such permission shall be obtained by the colonizer at the same time of obtaining license for the development of the colony/construction of the houses.

(2)     The area of developed plots and built up area of dwelling units reserved for economically weaker sections and lower income groups under this rule, shall be as under:

(i)       For economically weaker sections-

Developed Plots- 30 to 40 Square Meters

Dwelling Units - 25 to 35 Square Meters

(ii)      For the lower income groups-

Developed Plots- 41 to 96 Square Meters

Dwelling Units - 36 to 48 Square Meters

Rule - 12. Shelter Fees.

(1)     Where the land use of the area on which colony is being developed, in the applicable development plan prepared under the provision of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) is such that the plot size prescribed for the economically weaker sections and lower income groups is not permissible, the Shelter Fee shall be applicable.

(2)     Where the development of the colony is on a land which has been leased out to the colonizer by the State Government and the lease conditions do not permit for construction of dwelling units or providing plots for economically weaker sections and lower income groups, the Shelter Fee shall be applicable.

(3)     In case a colonizer does not reserve plot/built up house for the economically weaker section/low income group persons, shall have to deposit shelter fee as under:-

(i)       In case of a colony is having plots on developed land, such undeveloped land/raw land as the case may be, a colonizer shall have to deposit shelter fee 6% of raw land as per the Collector guideline rate and Rs. 5000 per square meter for cost of development.

(ii)      A colonizer shall have to deposit, in case of undeveloped land for dwelling units/raw land, 6% of raw land as per the Collector guideline rate and Rs. 5000 per square meter for development charges and Rs. 10000 per square meter for cost of construction on 6% of total constructed area.

Rule - 13. Additional Shelter Fees.

(1)     Every colonizer shall deposit additional shelter fees for the maintenance of external roads, drainage and sewage system.

(2)     In the case of a plotted colony, the total area of residential plots in square metres and the Product of the total permissible floor area ratio at the rate of Rs. 100 per square meter.

(3)     The Colonizer shall deposit additional shelter fees, in the case of a group housing colony, the product of the total permissible built-up area in square meter at the rate of Rs. 100 per square meter.

Rule - 14. Depositing of Shelter Fee.

(1)     The shelter fee prescribed under rule 12 and 13 shall be deposited by the colonizer in the shelter fund of the concerned Zila Panchayat. Every Zila Panchayat shall maintain separate account for the amount so deposited and however, the State Government may further direct the manner in which the funds may be utilized.

(2)     For the calculation of shelter fee, the guideline rate determined by Collector shall be the rate prevailing on the date on which a colonizer submits application to the Competent Authority for grant of permission for development of colony.

Rule - 15. Sale of Plots Reserved for Economically Weaker Sections and Lower Income Groups.

The plots/dwelling units reserved for the Economically Weaker Sections and Lower Income Groups shall be sold by the colonizer in the following manner:-

(1)     The Colonizer shall invite applications from persons belonging to the Economically Weaker Sections and Lower Income Groups, who do not own any house or residential plot (except the residential plot in the abadi land of village) anywhere in Madhya Pradesh in his name or in the name of any of his family members.

(2)     The Persons belonging to Economically Weaker Sections/Lower Income Groups interested in such Plots/Dwelling units, shall submit applications along with the self declared certificate of having domicile of Madhya Pradesh accompanied by a duly self declaration in Form 10 appended to these Rules, declaring that neither he nor any member of his family own any house/plot either in his name or in the name of any of his family member anywhere in a rural area of Madhya Pradesh.

(3)     The Colonizer shall send the name of such eligible Economically Weaker Section/Lower Income Group applicants to Collector for buying plot/dwelling unit under the rules, along with a copy of the documents. The Collector shall give acknowledgement of receipt. The Collector shall scrutinize these applications within 30 days of the receipt thereof and satisfy him-self with the eligibility of applicants and shall furnish the final list of persons found eligible for Economically Weaker Section/Lower Income Group plots/dwelling units to the colonizer.

(4)     In case the Collector does not pass order on the list submitted by the colonizer within 30 days, the colonizer shall be free to sell plots or dwelling units to persons included in the list and execute necessary sale deeds in their favor.

(5)     If the colonizer is found to have allotted the plots/dwelling units to ineligible persons or more than one plot or dwelling unit to the members of same family, the colonizer shall be liable for cancellation of his registration certificate apart from penal action.

Rule - 16. Mechanism for Mortgage of Plots/Dwelling Units.

The Colonizer shall mortgage plots with Competent Authority as hereunder:

(1)     Where the colony has been developed as a plotted colony or group housing or with dwelling units, 25 percent of the total number of developed plots and/or 25 percent of such dwelling units, as the case may be, shall be mortgaged with the concerning District Collector.

(2)     The documents necessary for executing the mortgage deed shall be furnished by the Colonizer at his own cost and the particulars shall be furnished to the District Registrar.

Rule - 17. Removal of difficulties in determining guideline rates.

In case any difficulty arises in determining the cost on the basis of guideline rates mentioned in any provision under these Rules, the matter shall be referred to the Collector and his decision thereon shall be final. In areas where guideline rates of residential plots or built up residential houses are not available, the Collector shall prescribe the rates taking into consideration the rate of the nearest area.

Rule - 18. General Conditions.

(1)     The Colonizer shall hand over external roads, drainage and sewage system to the Gram Panchayat and the Gram Panchayat shall maintain the same.

(2)     The Competent Authority shall also issue an order in Form-9 appended with these rules directing that the colony be transferred immediately to the Resident Welfare Association for its maintenance:

Provided that when the permission of development has been granted phase-wise, the Completion Certificate shall be issued phase-wise.

Rule - 19. Period for completion of the internal development works of the colony.

(1)     The Colonizer shall complete the internal development within a period of three years from the date of grant of the permission of development of the colony as prescribed in rule 9.

(2)     If the Colonizer does not complete the work of development within the period specified in sub-rule (1) above, the Competent Authority who granted permission shall direct the Colonizer to complete the work of development of plots or dwelling units mortgaged under rule 16 may be sold by the Competent Authority by inviting sealed offers/auctions and the amount so obtained may be utilized for completing the works:

Provided that no action shall be taken by the Competent Authority, unless the Colonizer so affected has been given a reasonable opportunity of being heard.

Rule - 20. Release of Mortgage.

The Colonizer shall submit the report of completion of the development work of the colony to the Competent Authority and the concerned Gram Panchayat. On receipt of the report of completion of the work, the Competent Authority shall inspect or cause to be inspected of the colony jointly with the representatives of Gram Panchayat within thirty days of receipt of such report. If on such inspection it is found that the external and internal development works are completed, Economically Weaker Section and Lower Income Group plots/dwelling units have been developed and allotted, the Competent Authority shall issue a completion certificate in Form-no. 7 appended to these rules and release the mortgaged property in respect of the plots or the dwelling units by issuing the order in Form-8 appended to these Rules.

CHAPTER-IV MANAGEMENT OF ILLEGAL COLONY

Rule - 21. Management of the colony.

(1)     If the fact of transfer or agreement to "transfer plots made by the Colonizer in an area or illegal diversion or illegal colonization comes to the notice of the Competent Authority, he shall immediately take over the management of such land and issue notice and publish the same in at least two daily Hindi news papers circulated in the jurisdiction of the district under which the Gram Panchayat falls and call upon all the persons interested in the said land to show cause within such period, as may be specified therein, as to why the management of the said colony should not be taken over by the Competent Authority.

(2)     On the expiry of the period specified in the notice, the Competent Authority shall consider the objections or suggestions, if any, received with reference to the notice and if he considers necessary, require any such person who has raised any objection, to appear either in person or through authorized representative with all the relevant documents for hearing.

(3)     The Competent Authority after hearing the parties, may make such further inquiry in the matter, which he may think proper and may,-

(i)       drop the proceedings if he is satisfied that the land is not subjected to illegal diversion or illegal colonization;

(ii)      takeover the management of the land, if he finds any illegal diversion or illegal colonization thereon;

and where the management of land is taken over in the manner prescribed above, the Competent Authority shall prepare a scheme for the development and delivery of such land to the plot holders, if any, and the scheme so prepared shall be published for the information of general public in such a manner, as he may deem fit.

(4)     The expenses incurred by the Competent Authority on the management of the land shall be included in the development charges of the land and shall be recoverable on pro-rata or on any fair basis from the persons to whom the plots have been allotted under the scheme,

(5)     The Competent Authority shall take action against employees under section 61-E and 61-EA of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No. 1 of 1994).

Rule - 22. Relaxation.

Nothing in these rules shall be construed to limit or abridge the power of the State Government to deal with any case to which these rules apply in such a manner, as may appear to be just and equitable:

Provided that the case shall not be dealt within any manner less favourable than those provided in these rules.

Rule - 23. Interpretation.

If any question arises as to the interpretation of these rules, the same shall be referred to the Government. The decision of the Department of Panchayat and Rural Development thereon, shall be final.

Rule - 24. Repeal.

The Madhya Pradesh Gram Panchayat (Registration of Colonizer, Terms and Conditions) Rules, 1999 shall stand repealed:

Provided that anything done or any action taken under the rules so repealed, shall be deemed to have been done or taken under the corresponding provisions of these rules.