[Act No. 1 of 2012] [28th December, 2011] An Act further to amend the
Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973. Be it enacted by the Madhya Pradesh Legislature in the
Sixty-Second year of the Republic of India as follows:-- This Act may be called the Madhya Pradesh Nagar Tatha Gram
Nivesh (Sanshodhan) Adhiniyam, 2011. After sub-section (1) of Section 16 of the Madhya Pradesh
Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) (hereinafter referred
to as the Principal Act), the following new sub-sections shall be inserted,
namely:-- "(2) The permission under sub-section (1) may be granted in such cases
and subject to such conditions as may be prescribed. (3) An
application under sub-section (1) shall be made in writing to the Director in
such form, accompanied by such fees and documents as may be prescribed. (4) The
provisions of Section 30 for the grant or refusal of permission to an
application under Section 29 shall mutatis mutandis apply to an application for
permission under sub-section (1). (5) the
provisions of appeal, revision and lapse of permission under Section 31,
Section 32 and Section 33 respectively, which are applicable to an order
granting or refusing permission under Section 30, shall mutatis mutandis apply
to an order made under sub-section (1).". For sub-section (3) of Section 17-A of the Principal Act,
the following sub-section shall be substituted, namely:-- "(3) The State Government may
prescribe the manner in which the Convener of the committee shall. (a) maintain the record of objections and
suggestions received; (b) conducts the meetings of the committee
and obtain its recommendation regarding modifications and alterations, if any; (c) forward his report to the
Director.". In sub-section (1) of Section 21 of the Principal Act, the
words "enlarge the details of land use as indicated in the development
plan and shall" shall be omitted. In Section 23-A of the Principal Act.-- (i) in sub-section (1), in clause (b), the
words "The application for modification of development plan or zoning plan
shall be in such form and accompanied by such fee and documents as may be
prescribed" shall be added; (ii) in sub-section (2). (a) for the words "the State
Government shall confirm the modified plan", the words "the State
Government may modify the plan as it deems appropriate" shall be
substituted; (b) for full stop, the colon shall be
substituted and thereafter the following proviso shall be added, namely:-- "Provided that the State Government may : (i) impose such conditions as it considers
appropriate while modifying the plan; (ii) prescribe the minimum size of land for
each category of land use which may be considered for change; (iii) while modifying the plan, levy a
charge not exceeding 10% of the market value of the land involved. The scale of
levy for various category of cases and the manner in which the market value may
be determined shall be prescribed; (iv) prescribe the category of cases which
may be exempted from clause (ii) and /or (iii)."; (iii) after sub-section (3), the following
new sub-section shall be inserted, namely:-- "(4) Notwithstanding anything contained in this Section, the permissible
limits of floor area ratio shall not be modified in case of the application
made under clause (b) of sub-section (1).". After Section 23-A of the Principal Act, the following
Section shall be inserted in Chapter V, namely :-- "23-B Additional floor area ratio
on payment.- (1)
Notwithstanding anything
contained in this Act, the State Government may, at any time, notify area in
the development plan, each measuring not less than five hectares, in which
additional floor area ratio over and above the Permissible limit may be allowed
on payment of a prescribed amount : Provided that no such area shall be notified unless the
State Government has : (i) published a draft of such notification
and invited suggestions and objections from the public and heard all such
persons who may have interest; (ii) considered the recommendations of a
committee constituted by it to assess the impact of allowing such additional
floor area ratio over and above the permissible limit and adequacy of the
infrastructure to support the proposed additional floor area ratio. (2)
The manner in which the
notification may be published, the manner of hearing the interested persons and
the form of application for additional floor area alongwith the fee and
documents to be enclosed shall be prescribed. (3) Notwithstanding anything contained in
this Section, the additional floor area ratio granted shall not exceed 50% of
that allowed in the development plan and the amount mentioned in sub-section
(1) shall not be less than 25% of the market value of the equivalent additional
land calculated in the manner prescribed. Explanation.--For the purpose of Section 23-A and 23-B
" floor area ratio" means the ratio of built up area in a building on
all floors, excluding such areas of the building as may be prescribed, to the
total plot area of the land in question.". Section 24-A of the Principal Act shall be deleted. After sub-section (2) of Section 29 of the Principal Act,
the following new sub-sections shall be inserted, namely:-- "(3) An application for modification of the permission granted under
Section 30, if not already lapsed, shall also be made to the Director and it
shall contain such details, documents and accompanied by such fees as may be
prescribed : Provided that no such application, unless otherwise
directed by the State Government, shall be made before a period of six months
has expired from the date on which the permission, whose modification has been
applied for, was granted.". In Section 30 of the Principal Act, in sub-section (1), in
clause (c), for fullstop, the colon shall be substituted and thereafter the
following proviso shall be inserted, namely :-- " Provided that in case of an application under
sub-section (3) of Section 29, the Director shall not pass any order under
clause (a) or (b) hereinabove unless he has heard such persons as may have
interest in the proposed modification and considered encumbrances, if any,
created in the land or building. The interests and encumbrances that may be
considered, procedure for such consideration, manner in which encumbrances, if
any, may be remedied and the form or order shall be such as may be
prescribed." After Section 30 of the Principal Act, the following
Section shall be inserted, namely :-- "30-A. Merger of division of a
plot.- (1)
The State Government or an
officer so authorized by it may, subject to the provisions of this Act and such
conditions as may be prescribed, allow merger or division of the plot : Provided that where the purpose of land use is residential
: (a) plots for economically weaker sections
and low income groups shall not be merged; (b) division of plots shall not be
permitted; (c) only continuous plot shall be merged
and the size of such merged plot shall not exceed 500sq. mtrs; and (d) the number of dwelling units
permissible in the plot formed after merger shall not exceed the sum of the
dwelling units permissible in the plots that were merged. (2) An application under sub-section (1)
shall contain such details, documents and accompanied by such fee as may be
prescribed.". In Section 37 of the Principal Act, in sub-section (1), the
words "within five years of such development" shall be omitted. In Section 50 of the Principal Act,-- (i)
in sub-section (1), for
full stop, the colon shall be substituted and thereafter the following proviso
shall be added, namely :-- "Provided that no such declaration of intent shall be
made without prior approval of the State Government."; (ii) in sub-section (4),-- (a) for the word "or", the word
"and" shall be substituted; (b) for the existing proviso, the
following proviso shall be substituted, namely :-- "Provided that the final publication of such draft
scheme shall be notified after the layout proposed therein has been approved by
the Director. Such final publication shall be notified not later than one year
from the date of publication of the draft scheme failing which the draft scheme
shall be deemed to have lapsed."; (iii)
for sub-section (5), the
following sub-section shall be substituted, namely:-- "(5) Notwithstanding anything contained in sub-section (4), the Town and
Country Development Authority shall constitute a committee consisting of the
Chief Executive Officer of the said Authority, an officer nominated by the
Director, Chief Executive Officer or his nominee of such urban local body
within whose jurisdiction the town development scheme is situated and Chief
Executive Officer or his nominee of the Zila Panchayat in case the scheme lies
wholly or partly in his jurisdiction.". For Section 51 of the Principal Act, the following section
shall be substituted, namely :-- "51. Revision.-The State Government or an officer not
below the rank of a Commissioner so authorised by it 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 own motion or on an application filed within
thirty days of such publication of the final scheme by any person aggrieved by
the final scheme, call for and examine the record of any scheme for the purpose
of satisfying as to the correctness of the order passed by the Town and Country
Development Authority, or as to the regularity of any proceeding of such
authority and when calling such record direct that the execution of the scheme
be suspended, and the State Government or the Authorised Officer may, after
examining the record, pass such order as it or he thinks fit and this order
shall be final : Provided that no 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.". Section 54 of the Principal Act shall be deleted. In Section 56 of the Principal Act, for full stop, the
colon shall be substituted and thereafter the following proviso shall be added,
namely :-- "Provided that the said agreement may contain such
conditions and executed in such manner as may be prescribed.". After Section 56 of the Principal Act the following
sections shall be inserted, namely :-- "56-A. No fees for registration
on instrument of agreement.-Notwithstanding anything contained in the Registration Act,
1908 (No. 16 of 1908) or any other law for the time being in force, no
instrument executed between any owner of the land and the Town and Country
Development Authority for giving effect to the agreement mentioned in Section
56 shall be liable to pay any fee under that Act.". 56-B. No stamp duty on instrument of
agreement.-Nothwithstanding anything
contained in the Indian Stamp Act,- 1899 (No. 2 of 1899), no instrument
executed between any owner of land and the Town and Country Development
Authority for giving effect to the agreement mentioned in Section 56 shall be
chargeable with duty under that Act.".THE
MADHYA PRADESH NAGAR TATHA GRAM NIVESH (SANSHODHAN) ADHINIYAM, 2011
PREAMBLE