[Act
No. 22 of 2021] [26th August, 2021] An
Act further to amend the Madhya Pradesh Municipal Corporation Act, 1956 and the
Madhya Pradesh Municipalities Act, 1961. Be
it enacted by the Madhya Pradesh Legislature in the seventy-second year of the
Republic of India as follows:-- This
Act may be called the Madhya Pradesh Nagarpalik Vidhi (Sanshodhan) Adhiniyam,
2021. In
the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956),-- (1) In Section 5,-- (i) for clause (10-a) the following clause shall be
substituted, namely:-- "(10-a) "Colonizer" means a person, who is
registered as Colonizer by the Competent Authority under the Act;"; (ii)
for clause (10-b), the following
clause shall be substituted, namely:-- "(10-b) "Colony" means a land parcel which
is developed or is under development, either by dividing it into plots or
constructing apartments on it, for residential, or non-residential purpose or
both with intent to transfer by sale or otherwise;"; (iii)
the existing clause (57-a) shall be
renumbered as clause (57-b) and before so renumbered clause (57-b), the
following clause shall be inserted, namely:-- "(57-a) "unauthorised colony" means a colony
which is developed or is under development without obtaining necessary
permission under the provisions of this Act;". (2)
For Section 80, the following Section
shall be substituted, namely:-- "80.
Disposal of immovable or movable property No
immovable or movable property owned by or vested in or under the management of
the Corporation shall be sold, leased, transferred, or otherwise disposed, save
as prescribed by the State Government.". (3) Section 81-A shall be deleted. (4) For Section 292-A, the following Section shall be
substituted, namely:-- "292-A.
Registration as a colonizer (1) The State Government shall designate a competent authority
for registration of a person as a colonizer. (2) An application for registration shall be made to the
competent authority in such manner as may be prescribed by the State
Government: Provided
that the State Government may, by notification, exempt such Government entity,
as it deems appropriate, from the registration as Colonizer. (3)
The Competent Authority may suspend or
cancel the registration of the colonizer for violation of such terms and
conditions, as may be prescribed by the State Government: Provided
that no such action shall be taken without giving an opportunity of hearing to
the colonizer in such manner as may be prescribed. (4) An appeal against an order of cancellation or suspension
issued under subsection (3), may be filed before such Authority, as may be
prescribed by the State Government.". (5) For Section 292-B, the following Section shall be
substituted, namely:-- "292-B.
Permission to develop colonies (1)
A colonizer shall obtain the
permission to develop a colony from the Commissioner in such manner as may be
prescribed by the State Government: Provided
that no application to develop a colony shall be rejected unless the applicant
has been given an opportunity of hearing: Provided
further that the appeal against the order of the Commissioner for refusal to
grant permission shall lie with such Authority as may be prescribed by the
State Government. (2)
(a) The colonizer, shall also provide
fully developed plots or constructed dwelling units for the persons belonging
to economically weaker section and low-income group. (b)
The size, number and location of such plots or dwelling units shall be such as
may be prescribed by the State Government. (c)
The sale price of such plots or dwelling units and the process of selection of
the persons to whom those may be sold by the colonizer shall be such as may be
prescribed by the State Government. (3) Notwithstanding anything contained in this Act, in addition
to or in lieu of the plots or dwelling units mentioned in sub-section (2), the
State Government may, in such cases as it may consider appropriate, impose a
fee to be called the shelter fee. The shelter fee shall be determined,
collected and utilized in such manner as may be prescribed. (4) The colonizer shall provide civic infrastructure like
roads, open space, water supply, electricity, sewerage and recreational area in
accordance with the permission granted under sub-section (1) above. (5) The colonizer shall submit a bank guarantee or mortgage
such number of plots or buildings, as the case may be, against cost of
development as mentioned in sub-section (4). Such bank guarantee or the
properties mortgaged shall be released in such manner as may be prescribed by
the State Government. (6) The colonizer shall display correct information for public
at large about the colony in the prescribed manner. (7) The colonizer shall comply with the terms and conditions of
the development permission granted under sub-section (1). (8) On completion of the development, the Commissioner shall
issue a completion certificate in a manner as prescribed by the State
Government. (9) The provisions of this section, except sub-section (5),
shall be applicable to the entities mentioned in proviso of sub-section (2) of
section 292-A with such modifications as may be prescribed by the State
Government.". (6) After Section 292-B, the following Section shall be added,
namely:-- "292-BA.
Action against violation of permission The
Commissioner may, encash the bank guarantee or forfeit and dispose of the
properties mortgaged under sub-section (5) of Section 292-B to such extent, as
may be required, if the terms and conditions of permission granted under
sub-section (1) of Section 292-B are violated, in manner as prescribed by the
State Government. The amount so recovered shall be utilized to fulfil the terms
and conditions of the permission in such manner, as may be prescribed: Provided
that in case the amount recovered from disposal of forfeited properties or
encashment of bank guarantee does not meet requirement to fulfil the terms and
conditions of permission, the balance amount shall be recoverable from the
colonizer as the arrears of land revenue: Provided
further that no such action shall be taken without giving opportunity of
hearing to the colonizer in such manner as may be prescribed.". (7)
For Section 292-C, the following
Section shall be substituted namely:-- "292-C.
Offences and punishment (1) The land-owner or person or both, as the case may be, who
undertakes the development of a colony without obtaining the permission under
the provisions of this Act and rules made thereunder, commits the offence of
developing an unauthorized colony. (2) Any colonizer who transfers by sale or otherwise any land
designated for purpose mentioned in sub-section (4) of Section 292-B or
undertakes construction other than that permissible on such land commits the
offence of violating the permission. (3) The offences under sub-sections (1) and (2) shall be
cognizable but no enquiry or inquiry or investigation shall be carried out
except on a written complaint by the Commissioner or an officer authorized by
him in this regard. (4) Whosoever commits or abets the commission of an offence
mentioned under sub-sections (1) and (2) shall be punished with imprisonment
which shall not be less than three years but which may extend up to seven years
and with fine which may extend up to ten lakhs rupees.". (8) For Section 292-D the following Section shall be
substituted, namely:-- "292-D.
Provision of civic infrastructure in unauthorized colonies (1) The Commissioner on receipt of any information or
otherwise, may identify an unauthorized colony. (2) The Commissioner shall issue public notice, inviting
objections against determining such colony as unauthorized colony. (3) The Commissioner shall, after considering objections
received if any, may declare any colony as an unauthorized colony stating
reasons thereof. (4) The Commissioner shall prepare a draft layout of such
colony and publish a public notice inviting objections and suggestions, in such
manner as may be prescribed, from the stakeholders for finalizing the lay out
for the purpose of providing civic infrastructure in the unauthorized colony. (5) No action under sub-section (1) to (4) shall be taken if
the unauthorized colony,- (a) has been developed on Government land or the land of the
Development Authority/Housing and Infrastructure Development Board/urban local
bodies; (b) is situated on area designated as road, parks, playgrounds,
areas of cultural heritage, river, area of drains, recreational areas and water
bodies in the development plan; (c) has been developed on land falling in restricted areas
along State and National Highways or any other such restricted area notified
under any Central or State law; (d) is in such area as may be notified by the State Government. (6) The draft layout under sub-section (4) shall be prepared in
the best possible compliance of provisions of the Madhya Pradesh Nagar Tatha
Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) and the rules made thereunder. (7) The Commissioner shall hear the stakeholders of the colony
and after considering the objections and suggestions, finalize the lay out and
estimates for providing civic infrastructure in the unauthorized colony, in
such manner as may be prescribed by the State Government: Provided
that such notification shall be issued only after written complaint has been
made by the Commissioner under sub-section (3) of Section 292-C. (8)
The Commissioner shall be authorized
to determine and collect development charges from the stakeholders in such
manner as may be prescribed by the State Government: Provided
that the cost of providing civic infrastructure may also be met out of the
funds available with the Corporation or as may be prescribed by the State
Government. (9)
The Commissioner may identify and
attach the properties of the person who has committed offence under
sub-sections (1) and (2) of Section 292-C, whether such property is situated in
the colony or anywhere outside. The Properties so attached shall be disposed to
meet the cost of development of civic infrastructure. The Manner of attachment
and sale thereof shall be such as may be prescribed by the State Government: Provided
that appeal against such order may be filed before such Authority as may be
prescribed by the State Government.". (9) Section 292-DA shall be deleted; (10) For section 292-E, the following Section shall be
substituted, namely:-- "292-E.
Regularization of layout and building permission in unauthorized colonies (1) Notwithstanding anything contained in the Madhya Pradesh
Nagar Tatha Gram Nivesh Adhiniyam, 1973 and the rules made thereunder, the
layout of the colony under Section 292-D, shall be deemed to be in accordance
with the applicable development plan. (2) The owner of the plot or the house, as the case may be,
shall on fulfillment of the conditions, as prescribed for such a colony, be
eligible to apply for permission of erection, re-erection or compounding of
building.". (11) Section 292-F shall be deleted. (12) For Section 292-G, the following Section shall be
substituted, namely:-- "292-G.
Punishment for not taking action against development of unauthorized colony Any
officer or servant subordinate to the Commissioner who has been authorised by
him either to inspect, report, stop or to remove any construction in
unauthorized colony knowingly omits to take action against development of such
unauthorized colony or construction therein, forthwith or a police officer
responsible to provide police assistance for removal of unauthorized colony or
unauthorized construction therein, does not provide adequate protection and
support, shall be punished with a simple imprisonment which may extend to three
years or with fine which may extend to ten thousand rupees or with both: Provided
that no enquiry or inquiry or investigation shall be carried out by a Police
Officer under this Section except on a written complaint by the Commissioner in
this regard.". (13)
For Section 308-A, the following
Section shall be substituted, namely:-- "308-A.
Compounding of offences of construction of buildings without permission or
contrary to permission (1) Notwithstanding anything contained in this Act or any other
Act for the time being in force or any rules or bye-laws made thereunder, the
Commissioner may compound the offence of constructing buildings without
permission or contrary to the permission granted, if such construction does
not,-- (a) affect the regular building line; (b) come within the area notified by the State Government as a
hill station or a place of tourist importance or sensitive from the point of
ecology; (c) come within the area specified for parking of vehicles; (d) come within the boundary of roads or within the area
affecting alignment of public roads; (e) come within the area specified for water bodies; (f) come within thirty meters or such further distance from the
bank of river, as may be specified in the master plan of the concerned town; (g) come within the area of any nallah and water stream; (h) affect the structural and fire safety: Provided
that in compounding the cases in respect of unauthorized construction,
including the unauthorized constructions in the unauthorized colonies, the fee
shall be charged at such rate and on such conditions, as may be prescribed by
the State Government: Provided
further that no person who does not have any right over the building or the
land on which the construction has been made shall make an application for
compounding. (2)
The unauthorized construction,
including that made in the marginal open spaces, in excess of the prescribed
floor area ratio, up to a limit of 30 percent shall be compoundable.". In
the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961),-- (1) In Section 3,-- (i) for clause (5-b), the following clause shall be
substituted, namely:-- "(5-b) "colonizer" means a person, who is
registered as Colonizer by the Competent Authority under the Act;"; (ii)
For clause (5-c), the following clause
shall be substituted, namely:-- "(5-c) "Colony" means a land parcel which is
developed or is under development, either by dividing it into plots or
constructing apartments on it, for residential, or non-residential purpose or
both with intent to transfer by sale or otherwise;"; (iii)
the existing clause (37-a) shall be
renumbered as clause (37-b) and before so renumbered clause (37-b), the
following clause shall be inserted, namely:-- "(37-a) "unauthorized colony" means a colony
which is developed or is under development without obtaining necessary
permission under the provisions of this Act;". (2) Section 101 shall be deleted. (3) For Section 109, the following section shall be
substituted, namely;-- "109. Disposal of immovable or movable property No
immovable or movable property owned by or vested in or under the management of
the Council shall be sold, leased, transferred, or otherwise disposed, save as
prescribed by the State Government.". (4)
For Section 187-A, the following
Section shall be substituted, namely:-- "187-A. Compounding of offences of construction of
buildings without permission or contrary to permission (1) Notwithstanding anything contained in this Act or any other
Act for the time being in force or any rules or bye-laws made thereunder, the
Competent Authority may compound the offence of constructing buildings without
permission or contrary to the permission granted, if such construction does
not,-- (a) affect the regular building line; (b) come within the area notified by the State Government as a
hill station or a place of tourist importance or sensitive from the point of
ecology; (c) come within the area specified for parking of vehicles; (d) come within the boundary of roads or within the area
affecting alignment of public roads; (e) come within the area specified for water bodies; (f) come within thirty meters or such further distance from the
bank of river, as may be specified in the master plan of the concerned town; (g) come within the area of any nallah and water stream; (h) affect the structural and fire safety: Provided
that in compounding, the cases in respect of unauthorized construction,
including the unauthorized constructions in the unauthorized colonies, the fee
shall be charged at such rate and on such conditions, as may be prescribed by
the State Government: Provided
further that no person who does not have any right over the building or the
land on which the construction has been made shall make an application for
compounding. (2) The unauthorized construction, including which is made in
the marginal open space, in excess of the prescribed floor area ratio, up to a
limit of 30 percent shall be compoundable.". (5) For Section 339-A, the following Section shall be
substituted, namely:-- "339-A. Registration as colonizer (1) The State Government shall designate a competent authority
for registration of a person as a colonizer. (2) An application for registration shall be made to the
Competent Authority in such manner, as may be prescribed by the State
Government: Provided
that the State Government may, by notification, exempt such Government entity,
as it deems appropriate, from the registration as colonizer. (3)
The Competent Authority may suspend or
cancel the registration of the colonizer for violation of such terms and
condition as may be prescribed by the State Government: Provided
that no action of suspension or cancellation shall be taken without giving an
opportunity of hearing to the colonizer in such manner as may be prescribed. (4) An appeal against an order of cancellation or suspension
issued under sub-section (3), may be filed before such Authority as may be
prescribed by the State Government. (6) For Section 339-B, the following Section shall be
substituted, namely:- "339-B. Permission to develop colonies (1)
A Colonizer shall obtain the
permission to develop a colony from the Competent Authority in such manner as
may be prescribed by the State Government: Provided
that no application to develop a colony shall be rejected unless the applicant
has been given an opportunity of hearing: Provided
further that appeal against the order of the Competent Authority for refusal to
grant permission shall lie with such Authority as may be prescribed by the
State Government. (2)
(a) The Colonizer shall also provide
fully developed plots or constructed dwelling units for the persons belonging
to economically weaker Section and low-income group. (b)
The Size, number and location of such plots or dwelling units shall be such as
may be prescribed by the State Government. (c)
The Sale price of such plots or dwelling units and the process of selection of
the persons to whom they may be sold by the Colonizer shall be such as may be
prescribed by the State Government. (3) Notwithstanding anything contained in this Act, in addition
to or in lieu of the plots or dwelling units mentioned in sub-section (2), the
State Government may, in such cases, as it may consider appropriate, impose a
fee to be called the shelter fee. The shelter fee shall be determined,
collected and utilized in such manner as may be prescribed. (4) The Colonizer shall provide civic infrastructure like
roads, open space, water supply, electricity, sewerage and recreational area in
accordance with the permission granted under subsection (1) above. (5) The Colonizer shall submit a bank guarantee or mortgage
such number of plots or buildings, as the case may be, against cost of
development as mentioned in sub-section (4). Such bank guarantee or the
properties mortgaged shall be released in manner as may be prescribed by the
State Government. (6) The Colonizer shall display correct information for public
at large about the colony in the prescribed manner. (7) The Colonizer shall comply with the terms and conditions of
the development permission granted under sub-section (1). (8) On Completion of the development, the Competent Authority
shall issue a completion certificate in a manner as prescribed by the State
Government. (9) The provisions of this Section except sub-section (5) shall
be applicable to the entities mentioned in proviso to sub-section (2) of
Section 339-A with such modifications as may be prescribed.". (7) After Section 339-B, the following Section shall be added,
namely:-- "339-BA. Action against violation of permission The
Competent Authority may, encash the Bank Guarantee or forfeit and dispose of
the properties mortgaged under sub-section (5) of Section 339-B to such extent,
as may be required, if the terms and conditions of permission granted under
sub-section (1) of Section 339-B are violated, in manner prescribed by the
State Government. The amount so recovered shall be utilized to fulfil the terms
and conditions of the permission in such manner, as may be prescribed: Provided
that in case the amount so recovered from disposal of forfeited properties or
encashment of bank guarantee does not meet requirement to fulfil the terms and
conditions of permission, the balance amount shall be recoverable from the
colonizer, as the arrears of land revenue: Provided
further that no such action shall be taken without giving opportunity of
hearing to the colonizer in such manner as may be prescribed.". (8)
For Section 339-C, the following
Section shall be substituted, namely:-- "339-C. Offences and puiushment (1) The Land-Owner or person, or both, as the case may be, who
undertakes the development of a colony without obtaining the permission under
the provisions of this Act and rules made thereunder, commits the offence of
developing an unauthorized colony. (2) Any colonizer who transfers by sale or otherwise any land
designated for purpose mentioned in sub-section (4) of Section 339-B or
undertakes construction other than permissible on such land commits the offence
of violating the permission. (3) The offences under sub-section (1) and (2) shall be
cognizable but no enquiry or inquiry or investigation shall be carried out
except on a written complaint by the Competent Authority or an officer
authorized by him in this regard. (4) Whosoever commits or abets the commission of an offence
mentioned under subsections (1) and (2) shall be punished with imprisonment
which shall not be less than three years but which may extend up to seven years
and with fine which may extend up to ten lakh rupees.". (9) For Section 339-D, the following section shall be
substituted, namely:- "339-D. Provision of civic infrastructure in
unauthorized colonies (1) The Competent Authority on receipt of any information or
otherwise, may identify an unauthorized colony. (2) The Competent Authority shall issue public notice, inviting
objections against determining such colony as unauthorized colony. (3) The Competent Authority shall, after considering objections
received if any, may declare any colony as an unauthorized colony stating
reasons thereof. (4) The Competent Authority shall prepare a draft layout of
such colony and publish a public notice inviting objections and suggestions, in
such manner as may be prescribed, from the stakeholders for finalizing the
layout for the purpose of providing civic infrastructure in the unauthorized
colony. (5) No action under sub-section (1) to (4) shall be taken if
the unauthorized colony,- (i) has been developed on Government land or the land of the
Development Authority/Housing and infrastructure Development Board/urban local
bodies; (ii) is situated on area designated as road, parks, playgrounds,
areas of cultural heritage, river, area of drains, recreational areas and water
bodies in the development plan; (iii) has been developed on land falling in restricted areas
along State and National Highways or any other such restricted area notified
under any Central or State Law; (iv) is in such areas as may be notified by the State
Government. (6) The draft lay out under sub-section (4) shall be prepared
in the best possible compliance of provisions of the Madhya Pradesh Nagar Tatha
Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) and the rules made thereunder. (7) The Competent Authority shall hear the stakeholders of the
colony and after considering the objections and suggestions, Finalize the lay
out and estimates for providing civic infrastructure in the unauthorized
colony, in such manner as may be prescribed by the State Government: Provided
that such notification shall be issued only after written complaint has been
made by the competent Authority under sub-section (3) of Section 339-C. (8)
The Competent Authority shall be
authorized to determine and collect development charges from the stakeholders
in such manner as may be prescribed by the State Government: Provided
that the cost of providing civic infrastructure may also be met out of the
funds available with the Council or as may be prescribed by the State
Government: (9)
The Competent Authority may identify
and attach the properties of the persons who has committed offence under
sub-sections (1) and (2) of Sections 339-C, whether such property is situated
in the colony or anywhere outside. The properties so attached shall be disposed
to meet the cost of development of civic infrastructure. The manner of
attachment and sale thereof shall be such as may be prescribed by the State
Government: Provided
that the appeal against such order may be filed before such Authority as may be
prescribed by the State Government.". (10) Sections 339-DA shall be deleted. (11) For Section 339-E, the following Section shall be
substituted namely:- "339-E. Regularization of layout and building
permission in unauthorized colonies (1) Notwithstanding anything contained in the Madhya Pradesh
Nagar Tatha Gram Nivesh Adhiniyam, 1973 and the rules made thereunder, the
layout of the colony under Section 339-D shall be deemed to be in accordance
with the applicable development plan. (2) The owner of the plot or the house, as the case may be,
shall on fulfillment of the conditions, as prescribed for such a colony, be
eligible to apply for permission of erection, re-erection or compounding of
building.". (12) Section 339-F shall be deleted. (13) For Section 339-G, the following Section shall be
substituted, namely:-- "339-G. Punishment for not taking action against
development of unauthorized colony Any
officer or Government servant subordinate to the competent Authority who has
been authorised by him either to inspect, report, stop or to remove any
construction in unauthorized colony knowingly omits to take action against
development of such unauthorized colony or construction therein, forthwith or a
police officer responsible to provide police assistance for removal of
unauthorized colony or unauthorized construction therein, does not provide
adequate protection and support, shall be punished with a simple imprisonment
which may extend to Three years or with fine which may extend to ten thousand
rupees or with both: Provided
that no enquiry or inquiry or investigation shall be carried out by a Police
Officer under this section except on a written complaint by the Competent
Authority in this regard.". (1) The Madhya Pradesh Nagarpalika Vidhi (Sanshodhan)
Adhyadesh, 2021 (No. 13 of 2021) is hereby repealed. (2) Notwithstanding the repeal of the said Ordinance, anything
done or any action taken under the said Ordinance shall be deemed to have been
done or taken under the corresponding provisions of this Act.THE MADHYA PRADESH NAGARPALIK VIDHI
(SANSHODHAN) ADHINIYAM, 2021
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