[Act No. 12 of 1975] [04th June 1975] An Act to amend the Madhya Pradesh Nagar Thatha Gram Nivesh
Adhiniyam, 1973. Be it enacted by the Madhya Pradesh Legislature in the
Twenty-sixth Year of the Republic of India as follows:-- This Act may be called the Madhya Pradesh Nagar Tatha Gram
Nivesh (Sanshodhan) Adhiniyam, 1975. After clause (o) of section 2 of the Madhya Pradesh Nagar
Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) (hereinafter referred to as
the Principal Act), the following clause shall be inserted, namely:-- "(oo) 'Reconstituted plot' means
a plot which is altered as a result of preparation of a town development
scheme;". After sub-section (4) of section 27 of the Principal Act,
the following sub-section shall be: inserted, namely:-- "(5) The State Government may, by notification,
exempt from the operation of this section development of any land undertaken on
behalf of the union or State Government for the purpose, of any project or
operational construction as may be specified therein". After sub-section (2) of section 38 of the Principal Act,
the following proviso and sub-section shall be inserted, namely:-- "Provided that the duty imposed on the Town and
Country Development Authority shall, till that authority is established 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) on the establishment of the Town and Country
Development Authority for the area to which the proviso to sub-section (2)
applies, the following consequences shall ensue in relation to that area,
namely:-- (i) all assets and liabilities acquired
and incurred by the local authority in the discharge of the duty under the
proviso to sub-section (2) shall belong to and be demand to be the assets and
liabilities of the Town and Country Development Authority established in place
of such local authority; (ii) all records and papers belonging to
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". "After section 61 of the Principal Act, the following
section shall be inserted, namely:-- "61-A. Annual contribution Town and Country
Development Authority from the State Government and Local Authority (1) Every Town and Country Development
Authority shall be entitled to receive grant in aid from the State Government
and the local authority at the rate specified in sub-section (2). (2) The grant-in-aid shall be calculated
as under:-- Rs. 2000 for every 10,000 units of population up to the
first 50,000; and Rs. 2000 for every 20,000 units of population above 50,000: Provided that half or more unit shall be reckoned as a full
unit for the purposes of calculating the amount of annual contribution. (3)
If the Local Authority
makes default in the payment of any sum under this section, the State
Government may, by order, direct the person having the custody of the balance
of the fund of a Local Authority to makes such payment either in whole or in
such parts as is possible from such balance: Provided that no order shall be made by the State
Government directing payment of any sum until an opportunity has been given to
the Local Authority to show cause as to why such order should not be made,
unless the State Government considers that the Local Authority has already
stated, or had already ample opportunity of stating its case. After section 63 of the Principal Act, the following
section shall be inserted, namely:-- "63-A. Recovery of arrears as arrears of land revenue Any sum due to the Town and Country Development Authority
under this Act shall be; recoverable in the same manner as arrears of land
revenue." For items (v), (vi) of section 68 of the Principal Act, the
following items shall be substituted, namely:-- "(v) to provide for the municipal services as
specified in sections 66, 67 and 68 of the Madhya Pradesh Municipal Corporation
Act, 1956 (No. 23 of 1956), or sections 123 and 124 of the Madhya Pradesh
Municipalities Act, 1961 (No. 37 of 1961), as the case may be, according to the
municipal law by which such special area was governed prior to its designation
as special area under section 64; (vi) to provide for the municipal management of the
special area in the same manner as is done by a municipal corporation under the
Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956) or by a
municipal Council of the first class constituted under section 4 of the Madhya
Pradesh Municipalties Act, 1961 (No. 37 of 1961), as the case may be, according
to the municipal law by which such special area was governed prior to its
designation as special area under section 64 For clause (c) of section 69 of the Principal Act, the
following clauses shall be substituted, namely:-- "(c) for the purpose of municipal administration
have the powers which a municipal corporation or a Municipal Council, has, as
the case may be, under the Madhya Pradesh Municipal Corporation Act, 1956 (No.
23 of 1956) or the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961),
according to the Law by which the special area was governed prior to its
designation as special area under section 64; (d) for the purpose of taxation shall have the
powers' which a municipali corporation or a Municipal Council has, as the case
may be under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of.
1956) or the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961) according
to the law by which the special area was governed prior to its designation as
special area under section 64." In clause (c) of section 87 of the Principal Act, after
sub-section (iii), the following sub-clause shall be inserted, namely:-- "(iii-a) all grants
and Contributions payable to the Town Improvement Trust shall continue to be
payable to the Town and Country Development Authority established; in place of
such Town Improvement Trust under section 38;".THE MADHYA PRADESH NAGAR TATHA GRAM NIVESH
(SANSHODHAN) ADHINIYAM, 1975
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