THE MADHYA PRADESH NAGAR TATHA GRAM NIVESH NIYAM, 1975

[THE MADHYA PRADESH NAGAR TATHA GRAM NIVESH NIYAM, 1975][1]

PREAMBLE

In exercise of the powers conferred by Section 85 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section, namely :

CHAPTER I PRELIMINARY

Rule - 1. Short title.

These rules may be called the Madhya Pradesh Nagar Tatha Gram Nivesh Niyam, 1975.

Rule - 2. Definitions.

In these rules, unless the context otherwise required,

(a)      "Act" means the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973);

(b)      "Form" means a form appended to these rules;

(c)      "Section" means a section of the Act.

CHAPTER II CATEGORIES OF OFFICERS

Rule - 3. Officers to assist the Director.

The following officers may be appointed to assist the Director, namely :

(a)      Project Officer,

(b)      Sub-Divisional Officer.

CHAPTER III REGIONAL PLANNING

Rule - 4. Form of notice.

The notice with respect to the draft regional plan to be published under sub-section (1) of Section 8 shall be in Form I.

Rule - 5. Manner of publication of notice.

The notice prescribed by Rule 4 shall be published in the "Madhya Pradesh Gazette" and shall further be published by means of an advertisement in one or more newspapers published in Hindi and circulating within the area of the region and by pasting a copy of the advertisement at the offices of Town and Country Planning Department, Commissioner and Collectors concerned.

Rule - 6. Manner of publication of the regional plan.

The notice under sub-section (2) of Section 9 shall be in Form II and shall be published by means of an advertisement in the "Madhya Pradesh Gazette" and in one or more newspapers published in Hindi language and circulating within the area of the region and by pasting a copy of the advertisement at the office of the Town and Country Planning Department, Commissioners and Collectors concerned.

Rule - 7. Notice of modifications in regional plan.

Notice of modifications in the regional plan to be published in the "Gazette" under the proviso to sub-section (2) of Section 9 shall be in Form III.

CHAPTER IV PLANNING AREAS AND DEVELOPMENT PLANS

Rule - 8. Manner of publication of existing and land use map.

The publication of existing land use maps under sub-section (1) of Section 15 shall be done in Form IV by means of a advertisement in the "Madhya Pradesh Gazette" in one or more local Hindi newspapers to give due publicity of their preparation intimating that the existing land use maps are available for inspection during office hours in the offices of Commissioners/Collectors Town and Country Planning Department and Local Authorities concerned for inviting objections and suggestions within a period of 30 days from the date of publication of such notice.

Rule - 9. Manner of publication of draft development plan.

The draft development plan shall be published under sub-section (1) of Section 18 together with a notice in Form V in the "Madhya Pradesh Gazette" in one or more local Hindi newspaper to give it due publicity stating that the draft development plan, has been prepared under Section 17 and is available for inspection at the concerned offices of Commissioners/Collectors Town and Country Planning Department and local authorities concerned during office hours for inviting objections and suggestions on the said draft plan within a period of 30 days from the date of publication of such notice.

Rule - 10. Manner of publication of approved development plan.

A public notice shall be published under sub-section (4) of Section 19 in Form VI in the "Madhya Pradesh Gazette" and in one or more local Hindi newspaper to give it due publicity intimating that the development plan has been approved of by the State Government and shall be available for inspection at the offices of Commissioners/Collectors, Town and Country Planning Department and local authorities concerned during office hours.

CHAPTER V CONTROL OF DEVELOPMENT AND USE OF LAND

Rule - 11. Intention of development undertaken on behalf of Union or State Government.

The officer-in-charge of Union or State Government shall inform in writing to the Director under sub- section (1) of Section 27 of the intention to carry out development of any land at least 30 days before undertaking such development along with the following documents and particulars, namely :

(i)       Description of land (Location with name or road/roads on/off which the property and boundaries).

(ii)      Khasra plan (330' to an inch scale) showing numbers of land in question and also adjoining Khasras falling within 200 meters from the outer limit of the land. The land applied for shall be shown in 'Red' in khasra map.

(iii)     Location plan indicating the land in question to the scale of 82' ft. to an inch showing main approach roads and any other important buildings in the vicinity.

(iv)    Survey plan to scale 82' to an inch to be given. The plan shall show the boundaries of land in question natural features like nala, ponds, tree, slopes, contours plan if the land is undulated, high tension line passing through or adjoining land up to a distance of 200 meters existing roads showing the right of way and railway lines with their specification and railway boundaries, position of electric and telephonic poles and all such other matters which need to be coordinated with adjoining areas.

(v)      A plan showing all development proposals with respect to land in question with a general report and model so as to make a scheme self explanatory.

(vi)    A plan showing details of utilities and services like water supply, drainage, electric, and in case a septic tank is provided the same shall be shown along with the disposal of sludge water.

(vii)   Other architectural details as required by the Director.

(viii)  A note indicating the type of development proposed namely residential, commercial or industrial.

(ix)    The name and address of registered planner/Architect/Surveyor shall also be given.

Rule - 12. Form of application for permission for development of land by others.

(A)     Any person not being the Union Government, State Government, or Local Authority or Special Authority shall apply under the sub-section (1) of Section 20 in Form VII for permission for development of land and in Form VIII for development of land along with the schedule and specification sheet attached with the application form.

(B)     Fees.

Every application submitted under sub- section (2) of Section 29 shall be accompanied by a fee specified below :

(a)      For the development of land other than erection of a building Rs. 50 per acre or part thereof.

(b)      for building operation.

Note 1. For purposes of calculation of the fee ground area shall mean the area of the portion which is proposed to be built upon excluding the internal court yard and portion.

Note 2.For purposes of the rates prescribed above the basement where provided will be regarded as the first storey, the ground floor over the basement as the second storey and so on.

Note 3.In case an application is rejected 5 per cent of the fee shall be retained and the balance shall be refunded to the applicant.

Rule - 13. Form of permission.

(a)      The permission for development of land shall be granted and communicated to the person concerned under sub-section (3) of Section 30 in Form IX and XI copies thereof shall be sent to the Municipal Corporation, Municipal Council, Town and Country Development Authority and Special Area Development Authority concerned and any other office concerned with the development works along with the copy of the approved plan. The plan shall be approved and signed by the Director, modifications if any shall be shown in red lines and two copies of approved plan shall be sent to the applicant. In case the modifications are excessive, a fresh plan shall be demanded incorporating the revised plan showing all the modification communicated by the Director.

(b)      The refusal of permission with grounds shall be communicated in Form X and shall be handed over to the applicant if he is present and his acknowledgment shall be obtained. In case he is not present, such reply shall be sent to him under registered post with acknowledgment due.

Rule - 14. Appeal.

The appeal shall be preferred under sub-section (1) of Section 31 in writing in the following manner, namely :

(A)     (i) It shall specify the date of order against which the appeal is made a copy of the order thereof shall be attached.

(ii) It shall specify a clear statement of facts and the ground on which the appeal is made.

(iii) It shall specify precisely the relief prayed for.

(iv) It shall contain the verification certificate duly signed by the Appellant.

"I ..................... do hereby declare that facts and content stated above are true to the best of my knowledge and belief."

(B)     Such an appeal shall be accompanied by a fee of Rs. 4.30 through Treasury Challan.

Rule - 15. Notice by owner to purchase interest in land.

The notice shall be served on the State Government under sub-section (f) of Section 34 Form XI so as to reach it within a period of 30 days from the date of publication and designation of land as subject to compulsory acquisition by the development plan together with the documentary proof of ownership, location, plan and site plan.

Rule - 16. Permission for retention of land.

The aggrieved person shall apply to the Director for permission for retention on the land of any building or works or further continuance of any use of land to which the notice given under sub-section (1) of Section 37 relates together with reasons within a period of 15 days from the date of receipt of the notice and such application shall be made in Form XII 

CHAPTER VI TOWN AND COUNTRY DEVELOPMENT AUTHORITY

Rule - 17. Term of office of the Chairman and other members.

The term of office of the Chairman and other members shall be four years, provided that we/they may be removed from such office by the State Government at any time before completion of the term without assigning any reason therefore.

Rule - 18. Preparation of Town Development Scheme.

(1)     The Town and Country Development Authority shall publish a notice under sub-section (2) of Section 50 in Form XIII declaring the intention of making a town development scheme in the Gazette and by means of an advertisement in one or more local Hindi newspapers. Copies thereof shall also be available for inspection in the office of the Town and Country Development Authority and Regional Offices of Town and Country Planning Department concerned.

(2)     Not later than two years from the date of publication of the declaration in the form of the notice referred to in sub-rule (1) the Town and Country Development Authority shall publish a public notice under sub-section (3) of Section 50 in Form XIV in the "Madhya Pradesh Rajpatra" and in one or more local Hindi newspapers to give due publicity intimating that the draft town development schemes has been prepared and is available for inspection in the office of the Town and Country Development Authority and regional office of Town and Country Planning Department concerned during office hours inviting objections and suggestions with respect to the said draft within a period of thirty days from the date of publication of such notice.

(3)     The Town and Country Development Authority shall publish a notice under sub-section (7) of Section 50 of the Act in Form XV in "Madhya Pradesh Rajpatra" and in one or more local Hindi newspapers to give due publicity intimating that the final town development scheme has been approved and copies thereof shall be available for inspection in the concerned office of the Town and Country Development Authority and Town and Country Planning Department during office hours. The date from which the said town development scheme shall come into operation shall be mentioned in the said notice.

Rule - 19. Acquisition of land.

(1)     For the purposes of land acquisition under Section 56 of the Act, the land shall be in the Town and Country Development Authority subject to the following terms and conditions, namely :

(i)       Within 3 years from the date of publication of the final town development scheme under Section 50 the Town and Country Development Authority shall proceed to acquire the land required for the implementation of the scheme.

(ii)      Where such acquisition is by agreement the land shall vest in the Town and Country Development Authority on terms and conditions arrived at through such agreement.

(iii)     On failure of agreement the Town and Country Development Authority shall request the State Government to acquire such land under the provisions of the Land Acquisition Act, 1894 (1 of 1894) on payment of the compensation awarded under that Act.

(iv)    Declaration shall be published under Section 6 of the Land Acquisition Act, 1894 (1 of 1894).

(v)      After such declaration the Collector shall proceed to take order for the acquisition of land under the said Act, and the provisions of act shall so far as may be, apply to the acquisition of the said land, with the modification that the market value of the said land shall be the determining factor.

(2)     The land acquired by the State Government shall vest in the Town and Country Development Authority on the following terms and conditions :

(i)       The powers of the authority with respect to the disposal of the land acquired shall be so exercises as to secure, as far as practicable to the persons who are living or carrying on business or other activities on the land if they desire to obtain accommodation on the land belonging to the Town and Country Development Authority concerned and are willing to comply with any requirement of the authority as to its development and rules in opportunity to obtain thereon accommodation suitable to their reasonable requirement.

(ii)      If the Town and Country Development Authority concerned proposed to dispose of by sale any land without any development having been undertaken or carried out thereon it shall transfer the land in the first instance to the persons from whom it was acquired if they desire to purchase it.

(iii)     The Town and Country Development Authority shall not dispose of the land by way of gift, mortgage and way of charge.

(iv)    The Town and Country Development Authority may dispose of the land by way of sale, exchange or lease or by creation of any right or privilege or otherwise.

(v)      The Town and Country Development Authority shall pay the amount of compensation to the Government which has been awarded to the owner of land by the Government.

(vi)    The Town and Country Development Authority shall pay other charges to the Government which have been incurred by the State Government in connection with the acquisition.

(vii)   Town and Country Development Authority shall execute an agreement with the Government for transfer of the acquired land.

Rule - 20. Mode of levy.

(1)     The Town and Country Development Authority shall publish a notice under sub-section (1) of Section 60 of the Act in Form XVI in "Madhya Pradesh Rajpatra" and in one more local Hindi newspapers to give it due publicity declaring that the town development scheme has been completed and the authority intends to levy development charges at the rate of Rs..............in the area covered by the scheme and invites objection, if any, from the owner of the land liable to pay development charges within a period of not less than thirty days from the date of publication of such notice. Copies of the notice shall also be affixed in the concerned offices of the Town and Country Development Authority and Town and Country Planning Department.

(2)     The Town and Country Development Authority shall, not later than 3 months after the publication of notice as specified in sub-rule (1), issue a notice in Form XVII for being served on the person concerned either in person or by registered post acknowledgment due, for the purpose of assessing the development charges due to him as specified in the said notice.

Rule - 21. Power to borrow money.

The Town and Country Development Authority may borrow money under Section 63 subject to the following terms and conditions, namely ;

(i)       The Town and Country Development Authority may with the previous sanction of the State Government borrow money by issuing debentures for the purposes of the Act.

(ii)      The amount of money to be borrowed by issue of debentures, their issue price, of debentures and the terms of maturity shall be determined by the authority with the prior approval of the Government.

(iii)     The rate of interest which debentures would carry shall be such as may be fixed by the State Government.

(iv)    No debentures shall be issued, except with the guarantee by the State Government as to the repayment of principal and payment of interest.

(v)      A sinking fund shall be constituted for the redemption of debentures and in case of any failure on this account as immediate report with reason for such failure shall be made to the State Government. The authority shall be bound by such directions as may be issued by Government in this behalf.

(vi)    Debentures shall be negotiable by endorsement and delivery.

(vii)   The authority may with the sanction of the State Government reserve the debentures bonds for issuing to any particular person on institution or have the debentures under written.

(viii)  Brokerage and under writing commission at such rate as may be fixed by the authority from time to time shall be paid to Banks, brokers and others on their applications and also on applications received through, them bearing their seal.

(ix)    Applications for the issue of debentures shall be made to the authority in Form XVIII.

(x)      Subscriptions to the debentures may be made by cheques or demand drafts drawn in favour of the Town and Country Development Authority.

(xi)    If the subscriptions exceeds the total amount of the debentures issued partial allotment may be made and the balance of the sum paid at the time of applications shall be refunded as soon as possible. No interest shall be paid on the amount so refunded. The authority may, reserve the right to retain the subscriptions received up to ten percent in excess of the sum floated.

(xii)   The debentures shall be issued in denomination of Rupees 100, Rupees 500, Rupees 1,000, Rupees 5,000, Rupees 10,000, Rupees 25,000, Rupees 50,000, Rupees 1,00,000 and Rupees 5,00,000.

(xiii)  The interest on debentures shall be paid half yearly. The interest is subject to the payment of Income-tax.

(xiv)  The debentures shall be redeemable on dates noted therein and the holder shall have no claims upon the authority for the interest accruing after the expiry of the term.

(xv)   Debentures which by reasons of damage sustained have become unfit for circulation shall be replaced at the request of the holder on surrendering the damaged or defaced debentures, provided that the essential marks for genuineness and identity such as the number, the amount, the rate of interest, the date and signature of the Chairman and the member of the authority are still recognizable. Fresh debentures shall also be issued to replace lost or destroyed debentures when in the opinion of the authority the fact of destruction is proved beyond doubt. When such proof is not produced or when in case of damage the essential marks on the debentures are lost and no longer recognizable or the debenture has been lost or has been misled, a new debenture may be issued only after the debenture which is alleged to be missing or unrecognizable has been advertised by the claim and in the manner specified by the authority and is not claimed by any other person.

(xvi)  The reissue of the debenture shall be made for the same amount under the same number with the addition of the word "Renewed". A fee of rupee one shall be charged for every renewed debenture the issue.

Rule - 22. Terms and conditions subject to which loans may be raised by the Special Area Development Authority.

(1)     The Special Area Development Authority may for the purpose of the Act, raise loans under sub-section (2) of Section 70, in accordance with the provisions contained in the Local Authorities Loans Act, 1914 (9 of 1914) and in pursuance of a resolution passed at a special meeting convened for the purpose :

Provided that,

(a)      no loan shall be raised without the previous sanction of the State Government; and

(b)      the terms upon, the period within and the method by which the loan is to be raised and repaid shall be subject to these rules and the approval of the State Government.

(2)     The Special Area Development Authority shall maintain a sinking fund for the repayment of loans raised under sub-rule (i) and shall pay every year in the sinking fund such sum as may be sufficient for repayment within the period fixed of all loans so raised.

(3)     The sinking fund or any part thereof shall be applied in, or towards, the discharge of the loan for which such fund was created and until such loan is wholly discharged it shall not be applied for any other purpose.