[13th
January 2022] In exercise of the powers
conferred by Sections 292-A, 292-B, 292BA, 292-C, 292-E, and 292-G read with
Section 433 of the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of
1956) and Sections 339-A, 339-B, 339BA, 339-C, 339-E and 339-G read with
Sections 355 and 356 of the Madhya Pradesh Municipalities Act, 1961 (No. 37 of
1961), the State Government, hereby, makes the following rules regarding
development of colonies, the same having been previously published in the
Madhya Pradesh Gazette (Extraordinary) No. 386 dated 21st September, 2021,
namely:- PART 1 General (1)
These rules may be called the Madhya Pradesh
Nagarpalika (Colony Development) Rules, 2021. (2)
These rules shall come into force with effect
from the date of its publication in the Madhya Pradesh Gazette. (3)
These rules shall apply within the limits of
all Municipal Corporations, Municipal Councils, and Nagar Parishads of the
State. (1)
In these rules, unless the context otherwise
requires, - (a)
"Act" means in case of Municipal
Corporation the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956)
and in case of Municipal Council and Nagar Parishad the Madhya Pradesh
Municipalities Act, 1961 (No. 37 of 1961); (b)
"Collector" means a District
Collector appointed under Section 16 of the Madhya Pradesh Land-Revenue Code,
1959 (No. 20 of 1959); (c)
"Colonizer" means a Colonizer
denned under Section 10-A of the Madhya Pradesh Municipal Corporation Act, 1956
and Section 5-B of the Madhya Pradesh Municipalities Act, 1961; (d)
"Colony" means a Colony defined
under Section 10-B of the Madhya Pradesh Municipal Corporation Act, 1956 and
Section 5-C of the Madhya Pradesh Municipalities Act, 1961; (e)
"Competent Authority" means in
relation to such Municipal area which comes within the limit of any Municipal
Corporation, Municipal Commissioner and in relation to such Municipal area
which comes within the limit of any Municipal Council or Nagar Parishad, the
Collector; (f)
"Development expenses" means the
expenditure to be incurred as approved by the competent authority for the
completion of the works as mentioned above under clause (g) and (h) as per the
prescribed specifications; (g)
"External Development Work "means
the following development works as per prescribed criteria: - (i)
New roads to be constructed in the shape of
approach road starting from the limit of the colony to the existing road of the
town; (ii)
If the road attached to the colony exists at
present, in that case widening of the existing road; (iii)
Work of laying of electric line from the
limits of the colony to connect with the existing electric line; (iv)
The work of connecting the underground
sewerage from the limits of the colony to existing sewerage system; (v)
If water supply in the colony is proposed to
be given from urban water supply system, in that case the laying of new
pipeline from the limits of the colony to connect with the urban water supply
system; In respect of approach road
of the colony under sub-clause (one) and widening of the existing road under
sub-clause (two) it shall be necessary for the competent authority to clearly
determine as to what extent the approach road should be widened and under the widening
of the existing road how much width is meant for and what shall be the quality
of construction of such road that is whether it shall be a bituminous or cement
concrete; and also that such roads shall be constructed in coordination with
existing nearby roads and shall generally have the same crust level. Permission to connect basic
infrastructure of the colony with Water supply, sewerage, and drainage systems
managed by the municipality, shall be given by the competent authority,
however, the expenditure on the same, as far as possible, shall be borne by the
colonizer; (h)
"Internal Development Work" means
the following development works to be done within the limits of the colony
under the prescribed standards: - (i)
levelling; (ii)
demarcation of the proposed roads and plots
sanctioned in the layout; (iii)
construction of the proposed
Bituminous/Cement Concrete Road (as per Indian Road Conress (iv)
standards); (v)
if in the land of the colony, the road exists
at present, in that case the construction or widening of the road on the basis
of sanctioned layout In pursuance of clause (two) of sub rule (g) (as per
Indian Road Congress standards); (vi)
construction of culverts (as per Indian Road
Congress standards); (vii)
development and Construction of storm water
drainage system, (as per CPHEEO standards); (viii)
complete internal water supply system (as per
CPHEEO standards); (ix)
construction of Internal sewerage
line/Sewerage Treatment Plant (as per CPHEEO standards); (x)
development of internal Electric System
including provision of Street lights (as per the Madhya Pradesh Electricity
Board standards); (xi)
development of proposed open spaces in which
infrastructure related to Services shall not be valid (as per standards of Rule
47 (2) Madhya Pradesh Bhumi Vikas Niyam, 2012); (xii)
construction of Overhead Tank/Sump
well/Pressure Pump; (xiii)
adequate provisions for Solid Waste
Management; (xiv)
water harvesting system for rainwater; (xv)
plantation on roadsides; (i)
"Person" means: (i)
an Individual; (ii)
a Hindu undivided family; (iii)
a company incorporated under Companies Act,
2013; (iv)
a firm incorporated under the Indian
Partnership Act, 1932 or Limited Liability Partnership Act, 2008; (v)
an association of persons or body of
individuals whether incorporated or not; (vi)
a co-operative society registered under any
law relating to co-operative societies; (vii)
any such organization as the appropriate
Government, by notification, specify in this behalf; (j)
"Municipal area" means such area
which is situated within the limits of Municipal Corporation, Municipal Council
or Nagar Parishads; (k)
"Municipality" means Municipal
Corporation, Municipal Council or Nagar Parishad, as the case may be; (l)
"Unauthorised Colony" means an
unauthorized colony defined under Section 57-A of the Madhya Pradesh Municipal
Corporation Act, 1956 and Section 37:A of the Madhya Pradesh Municipalities
Act, 1961. (2)
words and expressions used but not defined in
these rules, shall have the same meaning as assigned to them in the Act. PART 2 Process of Colony Development, Terms
and Conditions (1)
Commissioner, Urban Administration and
Development, or the officer nominated by him, shall be the Registration
Authority for registration of the Colonizer. (2)
The process of registration of Colonizer
shall be online. (3)
Any person, for registration as a Colonizer
shall submit an application to the Registration Authority in Form -One annexed
to these rules: Provided that Madhya Pradesh
Housing and Infrastructure Development Board, Development Authority, Smart City
Corporation Limited and Municipalities shall be exempted from registration: Provided further that to
develop a Colony obtaining permission from the Competent Authority, and payment
of permission fee shall be compulsory for these units: Provided also that all the urban
bodies shall be exempted from payment of Registration and development
permission fee. (4)
Applicant shall attach the following
documents along with the application: (i)
copy of the receipt of having deposited
registration fee prescribed under rule 4, by challan in the government
treasury. (ii)
an affidavit by the applicant, to the effect,
that he has not been convicted for any crime relating to disqualifications as
provided in rule 5. (5)
The application for registration shall be
approved or rejected, as the case may be, by the Competent Authority within 30
days of receipt of the application: Provided that, in case of
rejection of the application for registration, the registering authority shall
communicate the reasons thereof to the applicant through proper medium, whose
appeal may be presented by the applicant to the State Government within a
period of 30 days. (6)
In case of rejection of the application, the
registration fee deposited under rule 4 shall be refunded to the applicant
after deduction of 20 percent. (7)
Registration certificate shall be issued in
Form-Two annexed with these rules, and the Registering authority shall be
authorized to impose any other terms and conditions in addition to the terms
and conditions described in these rules. (8)
Registration certification shall be, valid
for a period of five years, and thereafter can be renewed further for every
five years, after depositing renewal fee as prescribed under rule 4: Provided that the
registration of colonizers, registered before commencement of these rules,
shall remain valid till the date mentioned therein. (9)
The registration shall be valid for all the
Municipal Corporations, Municipal Councils and Nagar Parishads in the entire
State. (10)
The name of the valid registered colonizers
shall be displayed on the website of the Directorate of Urban Administration
and Development. (a)
Any information given in the application is
not correct or the information is incomplete. (b)
has been convicted of an offence punishable
under Section 153-A or Section 171-E or Section 171-F or subsection (2) or
sub-section (5) of Section 505 of the Indian Penal Code, 1860 (No. 45 of 1860)
or under the Protection of Civil Rights Act, 1955 (No. 22 of 1955) or under
Section 125 of the Representation of the People Act, 1951 (No. 43 of 1951), or
Sections 3 and 4 of the Dowry Prohibition Act, 1961 (No. 28 of 1961) or Section
10 or Section 11 of the Madhya Pradesh Local Authorities (Electoral Offences)
Act, 1964 (No. 13 of 1964) and the period of punishment is not over. (1)
for an offence not falling under sub-clause
(b) and sentenced to imprisonment and unless the period of imprisonment has
elapsed, or (2)
for contravention of any provisions of the
Madhya Pradesh Nagariya Kshetron Ke Bhoomihin Vyakti (Pattadhruti Adhikaron Ka
Pradan Kiya Jana) Adhiniyam, 1984 (No. 15 of 1984), or of any law providing for
the prevention of hoarding or profiteering or of adulteration of food or drugs: Provided that applicant can
be considered for registration, if he files an affidavit in this regard, and in
case, he is found guilty of any offence under above sections, his registration
shall be cancelled: Provided further that
responsibility for communicating final decision in the cases under trial, to
the registration authority and competent authority shall lie with the
colonizer. Explanation.-In this
clause,- (a)
"Law providing for the prevention of
hoarding or profiteering" means any law or any order, rule or notification
having the force of law provided for, - (i)
the regulation of production or manufacture of
Any essential commodity, (ii)
the control of price at which any essential
commodity may be bought or sold, (iii)
the regulation of acquisition, possession,
storage, transportation, distribution, disposal, use or consumption of any
essential commodity, (iv)
the prohibition of the withholding from sale
of any essential commodity ordinarily kept for sale. (b)
"Drug" shall have the same meaning,
as assigned to it, under the Drugs and Cosmetics Act, 1940 (No. 23 of 1940). (c)
"Essential commodity" shall have
the same meaning, as assigned to it, under the Essential Commodity Act, 1955
(No. 10 of 1955). (d)
"Food" shall have the meaning, as
assigned to it, under the Prevention of Food Adulteration Act, 1954 (No. 37 of
1954). (3)
The registration certificate of the applicant
was rejected earlier under these Rules. (4)
The competent court/authority has declared
him as of unsound mind. (1)
In addition to rule 3(10), Registration
Authority shall maintain record of all registrations in physical as well as
digital form, in a register prescribed in Form-Three annexed to these rules, in
which details of all the registration certificates issued under these rules
including terms and conditions under which the registration certificates have
been issued, shall be recorded. In addition, complete address of the registered
colonizer shall be recorded, and any changes in the address, subsequent to the
registration, shall be intimated by the registered colonizer to the
registration authority. (2)
Registration authority shall display all the
updated records of registered colonizer on the departmental website. (a)
in case the information furnished under rule
3 is found to be incorrect; (b)
in case the action is initiated under section
292-BA of the Madhya Pradesh Municipal Corporation Act, 1956 or section 339-BA
of the Madhya Pradesh Municipalities Act, 1961, as the case may be; (c)
in case of committing any offence under
sub-section (1) of section 292-C of Madhya Pradesh Municipal Corporation Act,
1956 or sub-section (1) of section 339-BA of Madhya Pradesh Municipalities Act,
1961, as the case may be: Provided that no
registration certificate shall be cancelled, until the holder of the
registration certificate has been given adequate opportunity of hearing.
Registration certificate holder can file an appeal, before the State
Government, against any such order, within 30 days of the date of issue of
order of cancellation of the registration certificate: Provided further that,
competent authority shall display details of cancelled registration
certificates on the website of the department. (1)
When a colonizer or the organisations
exempted from registration under Rule 3 wants to establish any colony and take up
development work, then he shall submit an application in five copies to the
Competent Authority in Form-Four together with receipt of deposit of the fee
prescribed under sub-rule (2) and diversion fee, at least 45 days before the
proposed date for starting the development work of the colony or sale of plots: Provided that permission
shall not be required for development of proposed town development schemes
under section 50 of the Madhya Pradesh Town and Country Planning, Act 1973,
but, when development of colony is undertaken on the final constructed plot of
the scheme, the permission shall be mandatory for said development. (2)
The fee for the permission of development of
the colony shall be payable, which shall be 0.50 percent of the market value of
the applied diverted land, determined except all condition under guiding
principal in Collector Guidelines for the relevant period. The said permission
fee shall be deposited in the treasury of the concerned Municipality and the
proof of deposit shall be attached with the application submitted under
sub-rule (1): Provided that a colony in
the rural area for which development permission has been granted by competent
authority is later merged in municipal area and in which extension of time is
required for completion of development work, colonizer shall submit to the
competent authority, an application in Form four and in Form-one for
registration and the amount of permission fee and registration fee paid to the
Gram Panchyat before merger of Gram Panchyat shall be adjusted in prescribed
fee: Provided further that, in
case of revised development permission, the permission fee shall be imposed on
revised area only. (3)
Colonizer, whose colonys area is more than
two hectares, on the basis of the development permission granted by Town and
Country Planning and approved layout of entire land, shall apply to the
competent authority for development permission in three phases and for each
phase the permission fee shall be according to the area of land applied for. (1)
On receipt of the application under Rule 8,
the Competent Authority shall obtain the "No Objection Certificate"
from Town and Country Planning under provisions of Madhya Pradesh Town and
Country Planning Act, 1973: Provided that if the
applicant encloses permission letter obtained from Madhya Pradesh Town and
Country Planning with the application, in that case obtaining "No
Objection Certificate" again shall not be necessary. (2)
If No Objection prescribed in sub-rule (1) is
not given by the concerned departments within thirty days of the receipt of
letter from the competent authority, then it shall be taken as their deemed
sanction and the application shall be disposed of under Rule 8 within
forty-five days from the date of the receipt of application. (3)
If no information is received by the
applicant colonizer within specified period under sub-rule (2) from the
Competent Authority regarding disposal of the application, then colonizer shall
inform the competent authority in writing. On non-issue of No Objection
Certificate/permission by the Competent Authority within thirty days of the
receipt of the information then on expiry of the said period, permission shall
be deemed to have been granted to the applicant colonizer, but in counting of
the above time period, the period from the date fixed for obtaining any
additional information or documents, from the applicant and the date of receipt
of such information or document, shall be waived. This deemed permission shall
be valid to the extent that it does not violate the provisions of the then
applicable Acts/rules/bye-laws, in other words deemed permission shall be valid
under the then applicable Act/rules/bye-laws: Provided that no application
for development of colony shall be rejected by competent authority until,
adequate opportunity has been provided to the applicant for hearing and
colonizer has been intimated with the reasons in writing for rejection: Provided further that,
against the order of the competent authority for rejecting the application,
appeal can be filed before the State Government within 30 days of issue of
orders of rejection. (4)
(A) In case, the colonizer, after obtaining
approval for development of a colony under rule 15, takes a decision not to
develop the colony, he shall by mentioning the reasons thereof, file an
application in this regard before the competent authority. The competent
authority, after obtaining confirmation to the effect of the reasons, and after
ensuring that the development work has not started in the colony, no sale or
agreement to sell in respect of any plot or building has taken place, or no
third-party interest has arisen, may cancel the permission granted for
development of colony. (B) Competent authority
before cancelling the permission to develop the colony, shall publish a public
notice in two local newspapers, obtaining objections /suggestions within a
period of 15 days and shall take the final decision after considering the
objections/suggestions received, if any. (C) Competent authority
after cancelling the permission to develop the colony, shall release the
mortgaged properties and refund all the fees deposited by the colonizer i.e.,
supervision fee, shelter fee and additional shelter fee etc without payment of
any interest-Provided that, the permission fee deposited under rule-8 shall not
be refundable. (1)
Every colonizer or organization exempted for
registration under rule 3 shall, choose any of the following options for making
provisions of development of plots or constructed units in the colony, for the
members of the economically weaker section or low-income group: - (A)
Provision for fully developed plots equal to
15 percent of the total number of plots for members of economically weaker
sections and low-income group. (B)
Provision for constructed residential units
equal to 15 percent of the total number of residential units for members of
economically weaker sections and low-income group. (C)
Payment of prescribed Shelter fee: Provided that above options
shall be transferable only during the validity period of the permission,
however, amount of prescribed shelter fee shall be computed on the basis of
market value determined under collector guidelines prevalent at the time of
receipt of application for transfer of option: Provided further that, the
following type of colonies shall have option of shelter fee only: - (i)
In case, the size of plots prescribed for
members of the economically weaker sections and low-income group, is not
permissible in the applicable development plan under provisions of the Madhya
Pradesh Town and Country Planning Act, 1973; (ii)
The colony is being developed on a land which
has been given to the colonizer on lease and the construction of such units and
making plot available are not permissible as per conditions of lease; (iii)
In non-residential colonies. (2)
The ratio of plots and constructed
residential units reserved for the economically weaker sections and low-income
group under sub-rule (1) shall be 3:2. (3)
The area of plots and constructed area of the
constructed residential units reserved for economically weaker sections and low
income group under sub-rule (1) shall be as follow: - (i)
for economically weaker sections- Develop Plots - 30 to 40
square meter Residential Units - 25 to 35
square meter (ii)
for low-income group- Develop Plots - 41 to 96
square meter Residential Units - 36 to 48
square meter (4)
On choosing option under sub-rule (3) shelter
fee shall be paid by the colonizer as per the following: - (i)
in case of colonies in which plots have been
developed, 5 percent of the product of total area of plots (in square meters)
multiplied by market value determined under collector guidelines; (ii)
in case of colonies which have been developed
as group housing, 5 percent of the product of total constructed area (in square
meters) multiplied by market value of constructed buildings determined under
collector guidelines. (5)
In addition to providing reservation of plots/residential
Units for member of economically weaker sections and low-income group and
shelter fee shall be paid in accordance with sub-rule (4), colonizer shall also
pay additional shelter at the following rates: - (i)
in case of colonies in which plots have been
developed, 1 percent of the product of total area of plots (in square meters)
multiplied by market value determined under collector guidelines; (ii)
in case of colonies which have been developed
as group housing, 1 percent of the product of total constructed area (in square
meters) multiplied by market value of constructed buildings determined under
collector guidelines. (6)
(A) The amount of prescribed shelter fee
under sub-rule (4) and (5) shall be deposited with the concerned Municipality
by the colonizer. Every Municipality shall maintain a separate bank account for
the deposited amount, and it shall be used only in accordance with the
provisions prescribed under these rules. (B) To calculate amount of
shelter fee, the rates determined under collector guideline, prevalent on the
date, on which the colonizer has submitted application for permission to
develop the colony, shall be applicable. (7)
Colonizer shall be entitled to receive
developed land from local town development authority or municipality or any
other Government agency and shall construct required number of residential
units for members of the economically weaker section and low-income group. In
such cases, he shall produce proof of receiving such land from the Government
agency and production of such proof shall be compulsory and shall be adequate
for granting permission for development. (8)
In case, colonizer constructs the residential
units for the members of the economically weaker section and low income group
in the colony then, he shall be entitled for additional FAR equal to the
constructed area of the such residential units, and he may use this additional
FAR in residential units constructed for other categories for residential
purposes. (9)
The amount of shelter fee may be made
available as interest free loan to municipality/Madhya Pradesh Housing and
Infrastructure Development Board/Development Authority. The said amount may be
utilised as margin money to obtain loan from financial institutions for the
construction of houses for economically weaker section. This amount may be
utilised for providing the basic services like sewerage, drinking water, public
toilets etc. in the Jhuggi Basti area: Provided that additional
shelter fee deposited will be used for maintenance of external road, drainage water
exit and sewage system by the competent authority. (1)
The sale plots/residential units reserved for
members of the economically weaker section and lower income group shall be done
by the colonizer in the following manner: - (i)
colonizer shall call applications from such
members of the economically weaker section and lower income group, who do not
own a residence or residential plot in Madhya Pradesh, either in their own name
or any of their family member; (ii)
the beneficiary person shall submit
application, real residential address along with an affidavit declaring that in
Madhya Pradesh he does not own a residence/plot either in his own name or in
name of any member of his family. The affidavit so submitted shall be
recognized as adequate proof of his eligibility; (iii)
colonizer, thereafter, shall prepare a list
of persons found eligible to purchase plot/residential unit. The list so
prepared, shall be forwarded to the competent authority along with the copy of
relevant documents and an electronic copy shall be submitted in departmental
portal through email; (iv)after completion of the above said process, colonizer
shall complete the proceeding of sale/transfer of plots/residential units to
the eligible persons as per provisions of rule 12(4). (1)
In case of plot, product of multiplication of
total area of the plot (in square meter) and prevalent market value as
determined under collector guidelines. (2)
In case of construction on separate plots,
the price of the residential units shall be computed in the following manner: - (a)
the product of cost of plot on which the
residential unit has been constructed, the market value of residential plots in
the area determined under collector guidelines and total area of plots (in
square meters); (b)
the cost of construction for the constructed
area shall be computed @ Rs. 13,000 per square meter; (c)
final square meter shall be computed by
dividing the sum of price computed under clause (a) and (b) above by the total
constructed area of the residential units constructed for members of the
economically weaker section and low- income group; (d)
the price of residential units shall be
determined by multiplying cost of construction computed under clause (c) with
constructed area of the residential unit. (3)
The price of the residential units in case of
group housing scheme, shall be determined as under: - (a)
the product of cost of plot on which the
residential unit has been constructed, the market value of residential plots in
the area determined under collector guidelines and total area of plots (in
square meters); (b)
the cost of construction for the constructed
area shall be computed @ Rs. 16,000 per square meter; (c)
final square meter shall be computed by
dividing the sum of price computed under clause (a) and (b) above by the total
constructed area of the residential units constructed for members of the
economically weaker section and low- income group; (d)
the price of residential units shall be
determined by multiplying cost of construction computed under clause (c) with
constructed area of the residential unit. (4)
Colonizer shall sell the plots/residential
units to the members of economically weaker section and low-income group at a
price which shall not exceed 90 percent of the price determined under sub-rule
(1), (2) and (3) hereinabove. (5)
The amount of Rs. 13,000/- and Rs. 16,000/-
has been taken into account for computing price for the year 2021-22. This
amount will be increased by five percent every subsequent year for computing. (1)
To ensure completion of internal development
work in the colony, the plots or buildings or flats developed by the colonizer,
as the case may be, excluding the plots or buildings or flats developed for the
members of economically weaker section or low-income group, shall be mortgaged
with the concerned municipality in the following ratio: - (A)
In case of plotted development, the plots in
such numbers, value of which excluding cost of construction if any, is equal to
125 percent of the cost of internal development determined under rule 14 shall
be mortgaged or a bank guarantee of equal amount shall be furnished by the
colonizer with the concerned municipality. (B)
In case of group housing, the number of
flats, value of which is equal to 125 percent of the cost of internal
development determined under rule 14 shall be mortgaged or a bank guarantee of
equal amount shall be furnished by the colonizer with the concerned
municipality. (C)
The bank guarantee so furnished shall remain
valid with the competent authority for a period of six months after expiry of
date of permitted for development of internal works: Provided that the
organizations exempted from registration as colonizer under rule 3, shall not
be required to mortgage the plots or buildings or flats. (2)
Competent authority shall publish the
information regarding number, location and conditions of the plots or buildings
or flats mortgaged, for information of the general public. A copy of such
information shall also be sent to concerned sub-registrar office, so that no
transfer takes place. (3)
Competent authority may grant permission for
construction of building on any mortgaged plot. The details of mortgaged plots
shall be displayed on the website of the concerned municipality. (1)
No colonizer shall start any development work
and shall sell any plot or proposed units before obtaining permission to
develop a colony. Competent authority on receipt of application under rule 8
and after getting the supervision fee deposited as prescribed in clause (A),
and subject to fulfilment of conditions laid down in rule 9,10,11 and 12 shall
grant permission to develop a colony under clause (B) in Form-Five subject to
fulfilment of the following conditions: - (A)
colonizer shall deposit 2 percent supervision
charges on the cost of internal development computed as per provisions of the
rule 14, with the treasury of the concerned municipality; (B)
colonizer shall be required to provide
minimum essential facilities like drinking water, shelter, toilets etc. to the
labour engaged for construction work; (C)
Competent Authority shall authorize a
qualified engineer for supervision of the colony, who shall regularly inspect
the colony given permission, and shall be responsible to take necessary action
for completion of the development as per prescribed standards and within the
prescribed time lines, and in case of violation of any condition, shall be able
to immediately inform the competent authority in writing. (1)
It shall be necessary to complete the
internal development works of the colony by the colonizer within a maximum
period of 5 years from the date of grant of the permission of development of
the colony under Rule 15. In case the development works are not completed
within said period, competent authority may extend the said period of internal
development work by one year: Provided that additional fee
equal to 20 percent of the fee determined under rule 8(2) shall be payable for
the said extended period: Provided further that in
case the colonizer fails to complete the internal development work even on
expiry of the extended period, action shall be initiated against him under rule
20. (A)
on completion of 50 percent - 50 percent
plots / buildings work (B)
on completion of 75 percent - 25 percent
plots/buildings . work (C)
on completion of 100 percent work (on issue
of completion certificate) 25 percent plots/ buildings: Provided that in any phase
the colonizer may choose option of bank guarantee in lieu of mortgaged
properties, however, the bank guarantee shall be equal to 125 percent of the
remaining cost of internal development work. (1)
shall dispose of the mortgaged properties or
encash the bank guarantee and get the internal development works completed, or
fulfil the terms and conditions of the permission from the amount so realized. (2)
if the amount recovered from the action taken
under sub-rule(l) is not found adequate to meet the requirement to fulfil the
terms and conditions of the permission, in that case, balance amount shall be
recovered from the colonizer as an arrears of land revenue: Provided that competent
authority before initiating action hereinabove, shall issue a written notice to
the colonizer for submitting clarification within 30 days, and if considers
justified, provide opportunity for personal hearing, and decide every case on
its merit. PART 3 Provisions related to Unauthorised
Colonies (1)
Competent authority, in exercise of the
powers conferred to him under Madhya Pradesh Municipal Corporation Act, 1956
and Madhya Pradesh Municipalities Act, 1961, shall ensure that unauthorised
colonies are not developed in the municipal area. (2)
On receipt of any information regarding
development of any unauthorised colony, competent authority, by directing the
developer and landowner to stop the development work, shall issue a show cause
notice to them by giving a time period of 15 days, as to why action should not be
taken against them under these rules. (3)
In case, no satisfactory reply is received
within the prescribed time period, competent authority may issue final notice,
giving time 15 days time for removal of development/construction and also send
intimation to the concerned sub-registrar to stop registration of
sale/agreement to sell in the said colony. General public shall also be warned
by a public notice through publication in local newspaper, to not get involved
in any sale/purchase in the said colony. Clear details of unauthorized colony
and is location shall be included in the public notice. (4)
In case, the development/construction is not
removed in the unauthorised colony within the period specified in sub-rule (3)
hereinabove, the competent authority shall take action for removal of the
development/construction and also file complaint against the developer and
landowner in the concerned police station for taking necessary penal action
under the relevant provisions of the Act. (1)
Process to provide civic infrastructure in
the unauthorised colonies that came into existence before 31-12-2016, shall be initiated
by the competent authority. (2)
Competent authority shall conduct a
comprehensive survey to identify unauthorised colonies that came into existence
till the date specified in sub-rule (1) and shall also issue a public notice
for furnishing information of such unauthorised Colonies in the concerned
municipality. (3)
Competent authority after establishing that,
such colony has come into existence by the date specified in sub-rule (1),
shall issue a public notice for inviting objections from the stakeholders of
the colony. This public notice shall be published in at least two local
newspapers, out of which one should be in Hindi language, and opportunity shall
be given to the stakeholders of said colony including plot/building owners, to
file objections within 15 days period. (4)
Competent authority, after considering the
objections received, if any, after stating reasons thereof, shall make public
the list of such colonies. (4) With the purpose of providing civic
infrastructure in these colonies, competent authority, shall prepare a draft
layout of such colony in best possible compliance of provisions of the Madhya
Pradesh Nagar Town and Country Planning Act, 1973 and the rules made there
under and shall publish a public notice inviting objections and suggestions
from the stakeholders within a specified period by publishing a public notice. The public notice shall be
published in at least two local newspapers out of which at least one should be
in Hindi language: Provided that the above
action shall be started only after filing complaint in writing in the concerned
police station in accordance with provisions laid down in section 292-C of the
Madhya Pradesh Municipal Corporation Act, 1956 and section 339-C of Madhya
Pradesh Municipalities Act, 1961. (5)
The unauthorised colony shall not be eligible
for providing civic infrastructure if it, - (a)
has been developed on Government land or the
land of the Development Authority/Housing 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: Provided that action shall
be initiated against these colonies in accordance with provisions laid down in
section 292-C of the Madhya Pradesh Municipal Corporation Act, 1956 and section
339-C of Madhya Pradesh Municipalities Act, 1961 (6)
On expiry of the period stipulated in public
notice published under sub-rule (4), competent authority after considering
objections and suggestions received from stakeholders and conducting a public
hearing if required, shall finalise the lay out including its estimates for
providing civic infrastructure, including its estimates. (7)
Competent authority, based on the final
layout prepared under sub-rule (6) with the objective of providing civil
infrastructure in unauthorised colony, shall prepare a plan in which following
points shall be included: - (a)
assessment of estimated cost of providing
civic infrastructure; (b)
time period for completion of development
works; (c)
determination of development fee for
development works; (d)
criteria for sale of remaining plots and buildings
which have not been allotted: Provided, the final plan
shall be displayed by the competent authority, for information of the general
public through newspapers, website, and other mediums. Plot owners shall be
eligible for building permission, water connection and electricity connection
after finalisation of the development plan. (1)
Colonies in which more than 70% inhabitants
of lower income group reside, minimum 20% of development charges given in the
scheme shall be charged from inhabitants of the colony and up to 80% amount
shall be borne by the body concerned. In the colonies, other than these, 50%
amount for development shall be taken from inhabitants of the colonies and 50%
amount shall be borne by the concerned municipality. (2)
The last date of depositing development fee
shall be prescribed by the competent authority after determining the
development fee and a public notice in this regard, shall be published in
newspapers and other mediums: Provided that competent
authority may allow deposit of development fee in installments within a period
not exceeding 5 years. (3)
Competent authority, shall recover the amount
of development fee, as pro-rata basis in sub-rule (1) in the following manner:
- (A)
development fee received form building/plot
owners; (B)
building permission fee and compounding fee
received from building/plot owners; (C)
funds received under schemes declared by
Central and State Governments. These funds shall be spent on development works
in the colonies in accordance with the terms and conditions of the schemes; (D)
public private partnership and amount
received under local area development funds of the Member of Parliament and
MLAs; (E)
by sale of property of the person responsible
for development of unauthorized colony confiscated under provisions of
subsection (9) of section 292-D of the Madhya Pradesh Municipal Corporation
Act, 1956 and subsection (9) of section 339-D of the Madhya Pradesh
Municipalities Act, 1961: Provided that the sale of
confiscated property shall be done by the competent authority in accordance
with the provisions of Madhya Pradesh Municipalities Sale of Immovable Property
Distrained Rules, 1963. (4)
In case of non-deposit of development fee by
the occupiers, the amount shall be recovered as an arrears of land revenue. (5)
(A) In case, open space included in the
development plan is not available for providing civic infrastructure, the
competent authority shall prepare the estimate of the value of the required
land and recover an amount one and half times of the estimate from the person
responsible for development of unauthorised colony. (B) In case, the amount
stipulated in clause (A) is not recovered from the person who developed the
unauthorised colony, competent authority shall recover the amount by sale of
unallotted plots and building. (C) In case the recovered by
the process stipulated in clauses (A) and (B) above, competent authority shall
recover the required amount as arrear of land revenue from the person
responsible for development of unauthorised colony. (6)
Competent authority shall deposit the amount
of development fee received from occupiers of building/lands, amount received
by sale of buildings/plots and amount recovered as an arrears of land revenue
in a separate bank account. The said amount shall be spent only on the
development works of the concerned colony. Withdrawal from the bank account
shall be only under signatures of the competent authority. (7)
The sanction of development works shall be
granted by the concerned authorities in accordance with the powers vested in
them. (8)
If the owner/occupier of the building/plot
intends to take loan for payment of the development fee by mortgaging his plot
or building, he may be allowed to do so. Municipality shall provide help to
such stakeholders, to get loan from the financial institutions under group loan
schemes, by mortgaging their plots or buildings. If consent is received from 75
percent of stakeholders, the municipality shall initiate the process for
arrangement of loan. The amount of fee for internal development from rest of
the stakeholders, shall be recovered as municipal dues. (9)
The development works shall be completed by
the competent authority after finalisation of the layout within a period of 5
years, from the date of deposit of development fee by last stakeholder. In
case, the development work is not completed in the stipulated period, then the
concerned municipality shall bear the accrued additional expenditure. Competent
authority shall be authorised to specify the date of start of the development
works: Provided that the
development works shall be executed in such a manner that development works
related to basic civic services are executed at first instance. (1)
The owner of the plot/building, as the case
may be, after fulfilling the prescribed conditions for such colonies, shall be
eligible to apply for permission for construction of building, reconstruction,
or compounding. (2)
In such unauthorised colonies, in which
buildings have been constructed, municipality may regularise the unauthorised
construction, after agreement with the building owners, in accordance with the
provisions of the rules applicable at the relevant time. Building permission
fee and compounding fee shall be recovered as per efficacy of agreement
reached. PART 4 Offences and Punishment,
interpretation and repeal (1)
Any person who undertakes the development of
a colony without obtaining permission, under the provisions of this Act and
rules made thereunder, commits the offence of development of Unauthorized
Colony. (2)
Any colonizer who transfers any land by sale
or otherwise, or undertakes construction work, other than that stipulated in
the permission, on the land earmarked for development of internal works under
rule 14 and civic infrastructure like roads, open spaces, water supply,
electricity, sewerage and entertainment areas, he commits the offence of
violation of permission. (3)
The persons who commits offence under
sub-rule (1) and (2) shall be liable for punishment under the provisions of
section 292-C of the Madhya Pradesh Municipal Corporation Act, 1956 or 339-C of
the Madhya Pradesh Municipalities Act, 1961. Provided that anything done
or any action taken under the rules and bye-laws so repealed, shall, unless
such thing or action is inconsistent with provisions of these rules, shall be
deemed to have been done or taken under the corresponding provisions of these
rules. Form-One (See
rule 3) Application
for Registration as Colonizer To Registration Authority, Madhya Pradesh. Sir, I/We........................................
intend to be registered as a colonizer, details of which are as given below the
prescribed fee of Rs. ........................ has been deposited by me/us
Government treasury, vide challan no......................... dated.......... (1)
Name
.................................................................. (2)
Present
Address.................................................................. (3)
Permanent
Address.................................................................. (4)
PAN
Number.................................................................. (5)
Aadhar
Number.................................................................. (6)
Email .................................................................. (7)
Mobile
No................................................................... (8)
Nationality
.................................................................. (Nationality of all partners
in case of Company/Firm/Union) For this I/We enclosed
following documents: (1)
Copy of PAN Card (2)
Copy of registration in case of
Company/Firm/Union/Society (3)
Copy of receipt of depositing fee (4)
If any land has been developed in the past,
then its certificate. (5)
An Affidavit to the effect that I/we have not
been convicted in any offence mentioned in Rule 5. I/we, hereby, declare that
all the information given above is correct. Place:
.................................... Yours faithfully, Date:.......... Signature of applicant)". Form
– Two [See
rule 3 (7)] Registration
Certificate Date........................... Subject to the provisions
under the Madhya Pradesh Municipal Corporation Act, 1956/Madhya Pradesh
Municipalities Act, 1961 and the Madhya Pradesh Municipality (Colony
Development) Rules, 2001, made there under,Shri/Smt./M/s........... Son/
Daughter/ wife of...................Resident...............Mohalla............Village/Ward.........
.........................Town.....................Tehsil........................District
.........is hereby registered as colonizer on the following terms and
conditions : (1)
This registration shall be valid for a period
of five years from the date of issue (unless cancelled) in all Municipalities
in the State of Madhya Pradesh (2)
Permission for the development of the colony/
to start the development works shall have to be obtained for each colony
separately from the concerned competent authority. Seal Place......................................... Date.......................................... Note: - The eligibility for
the establishment of colony, development work, allotment of plots/house in the
colony or to make agreement for allotment shall be only after the permission
for development has been obtained as per rules. Form
Three (See
rule 6) Register
of Registration Certificate (1)
Date and year for issue of Registration
Certificate.
................................................................................ (2)
Registration Certificate Number.
.......................................................................................... (3)
Name of the person whom Registration
Certificate issued.
................................................................ (4)
Fathers Name
........................................................................................................ (5)
If Firm, company or association or society,
names of all the partner members. ..................................... (6)
Terms, Conditions, and restrictions subject
to which registration certificate is granted ............................. (7)
Date of cancellation of Registration
Certificate and the reasons for cancellation in brief.
........................... "Form-Four (See
rule 8) Application
form for Development of Colony To Competent Authority District............................
(MP.) Sir, I/We submit the application
for permission of development of colony in
place.................................
Tehsil..............................................District....................................
..............State...............;.................................. (1)
Status of application that is
personal/company/proprietorship firm/societies/partnership firm/competent
authority: (i)
In case of personal - (a)
Name
................................................. (b)
Fathers
Name................................................. (c)
Business................................................. (d)
Permanent
Address................................................. (e)
E-mail................................................. (f)
Mobile
Number................................................. (ii)
Firm/Societies/trust/companies/limited
liability partnership/govt. body/in case of other- (a)
Name................................................. (b)
Address................................................. (c)
Copy of Registration
Certificate................................................. (d)
Main
purpose................................................. (e)
Name of the President partners/president/
trustee/directors of the company/directors of the government
body................................................. (2)
PAN Number (3)
Aadhar Number (4)
Details of the project land held by the
applicant................................................. (5)
Affidavit cum declaration for Compliance of
colonizer rule................................................. (6)
Name and address of the bank or banker with
whom the account will be maintained .......................... (7)
Applicants profession or
business................................................. (8)
Has the applicant developed any land/colony
before the date of this application? If yes, give details of Registration/RERA
registration................................................. (9)
Has applicant sufficient financial means to
develop the colony (give details)........................... (10)
Agency/Local Authority/Autonomous Agency to
initiate external development works................... (11)
Approved plan, Layout plan and specification
of the proposed project or its face and the entire project as approved by the
competent authority and reserved areas for
service................................................. (12)
Details of the mortgaged plots/buildings or
bank details of the guarantee.............................................. (13)
Open area available in the
colony................................................. (14)
Number of parking areas in the
colony................................................. (15)
Name and addresses of contractor or
architect, infrastructure engineer if any, and other persons associated with
the development of the proposed
project................................................. (16)
Affidavit relating to whether the applicant
has been convicted of any offence listed in the rules ................ (17)
Deposit in Income Tax Department (attach copy of account and
income tax returns submitted in last three financial year) (18)
Nature of joint interest, if any Prescribed
fees for Registration Deposited ................... (19)
Rs.................................... by
Receipt (attach attested copy) No.................................Date......................... I/We, hereby, declare that
the particulars above are correct and I/We are ready to furnish any other
details required by you. Place:
................................................. Date:................................................. Colonizer Name including full address Authorized Official Designation
with full address Note: If the colonizer has
already got the permission from Town and Country Planning, then copy of the
said permission to be enclosed. "Form-Five-A (See
sub-rule 19) Application
form for issuing completion certificate of colony development To Competent Authority District.........................(M.P.) Sub: For issuing completion
certificate of colony under rule 19 of M.P. Nagar PaJika (Colony Development)
Rules, 2021 Ref: Permission for
development of colony issued by Municipal Corporation......................../Col
lector district....................................office
No...................................dated............................ In the context above I/We
submit that the development of land of village...........................................Khasra
No...................................area..............................................hectare
approved by the Town and Country Planning layout (attached) and development
permission (attached) and rules provided by your office has been completed at
site as per the standards mentioned above under guidance of
Mr./Mrs./Ms........................................................Registered
Architect/Structural Engineer/Engineer/City Planner whose registration no.
is........................................ Photographs showing the development
made at the site are attached for easy reference. Also, the information related
to the infrastructure/development provided by me/us in the colony is as
follows: Sl.No. Details of proposed internal
development works Provisions of approved development
permission Provision of executed development
works Report of Technical Officer 1 Construction
of Road Bitumenous
Road Cememt Concrete Road Width of Road (in mtrs.) Load
carring capacity of roads and cross drains 2 Construction
of Culvert R.C.C.
(Nos.) Hume pipe
(Nos.) 3 Construction
of Drains R.C.C.
(Length) Brick Work
(Length) 4 Water Supply Source of
Water Capacity
of Water Source Capacity
of Overhead Tank Capacity
of Sumpwell 5 Construction
of Sewerline Length of
Sewerline 6 Measures of
Solid Waste Management Capacity
of Septic Tank Capacity
of Sewerage Treatment Plant (onsite/offsite) 7 Electrification Load of
Colony Capacity
of Sub Station (if any) 8 Development
of Open Areas No. of Trees
and others 9 Plantation
(as per M.P. BhumiVikasNiyam, 2012) No. of Trees
and others 10 Measures of
Rain Water Harvesting As per Rule
81(4) of M.P. BhumiVikasNiyam, 2012 11 Other works internal With this application, the
development works of the above-mentioned Sr. No. 1 to 11 have been completed at
the site with the capacity shown in front of them. A certificate from the
Registered Architect/Engineer/Town Planner to this effect is also attached. Please get inspected my
developed internal works done at site to issue completion certificate as per Rule
19 of Madhya Pradesh Municipality (Colony Development) Rules, 2021. Encl: as above Yours
sincerely, Name of
applicant.......................................... Address........................................................... E-mail............................................................. Mobile
No............................................................ Registration No. of
Colonizer............................ "Form-Five-B (See
rule 19) Municipal Corporation............................/Office
of Collector District........................... To Name of
Applicant/Colonizer................................................. Registration of Colonizer......................................................... Address..................................................................................... Sub: For issuance of
Completion certificate of development of colony under rule 19 of M.P. Nagar
Palika (Colony Development) Rules, 2021. Ref: Applicants/Colonizers
(Name)....................................Letter...........................Dated... In the context of the above
subject you have informed that development works has been executed in village..........................................khasra
no......................................
area......................................................hectares of lands, as
per approved layout by the Town and Country Planning and the development permission
and standards approved by this office, which is inspected by the technical
officer of Municipal Corporation/Municipality/Nagar Pari shad. In inspection,
the development at the site has been found to be satisfactory. So, with reference to the
development work executed by you in village.........................khasra
No...........area............hectare land, the completion certificate is hereby
issued under rule 19bof M.P. Nagar Palika (Colony Development) Rules, 2021. Signature Competent Officer Dated Seal.....................Madhya
Pradesh Nagarpalika (Colony Development) Rules, 2021
Registration fee shall be Rs. 50,000/- (Rs. Fifty Thousand) and renewal fee
shall be Rs. 25,000/- (Rs. Twenty-Five Thousand), which shall be deposited by
the applicant in the Government treasury.
Any person shall not be eligible for registration as colonizer, if-
Registration certification may be cancelled by the registration authority in
the following conditions: -
The price of plots/residential units reserved for members of the economically
weaker section and lower income group shall computed in the following manner:-
Internal development works in the colony shall be executed in accordance with
the provision of sub-rule (1) of rule 2, and cost of which shall be calculated
on the basis of prevailing rates of Integrated Standard Schedule of Rates of
Urban Development and Housing Department, the Madhya Pradesh Bhumi Vikas Niyam,
2012, Development Plan, standard rates of the concerned State Electric
Distribution Company and Collector Guidelines.
The permission to construct building in the colony in accordance with the
provisions of applicable Acts and rules, may be granted after grant of
permission to develop the colony.
Competent authority may release the mortgaged properties, on receipt of an
application by the colonizer with relevant details, and based on assessment of
the internal development works, in the following phased manner: -
After completion of the development work of the colony by the colonizer,
information of completion of development work shall be given to the competent
authority in Form-Five A. The competent authority within a period of 15 days
after receipt of information, shall get the development work inspected of the
concerned colony by the competent technical officer, and in case development
works are found complete, completion certificate shall be issued in Form-Five
B. On the date of the issue of completion certificate the concerned colony
shall be deemed to have been transferred to the resident welfare committee (RWA)
for maintenance under the provisions of the Madhya Pradesh Prakoshtha Swamitva
Niyam, 2019.
If any colonizer violates the terms and conditions stipulated under the
provisions of the rule 14 and 15 or fails to complete the internal development
work as per time period prescribed time limit under rule 17, in that case the
competent authority: -
Competent authority shall publish the list of colonies which have been granted
permission for development in the newspaper and other publicity media and,
shall be displayed on the website of the concerned municipality also.
If any question arises on interpretation of these rules, the same shall be
referred to the State Government. The decision of the State Government shall be
final.
As from the date of commencement of these rules, all rules and bye-laws
corresponding to these rules, if in force immediately shall stand repealed: