NAGPUR IMPROVEMENT TRUST ACT, 1936

Act No. 36 of 1936

25th December, 1936

An Act to provide the improvement and expansion of the Town of Nagpur Whereas it is expedient to make provision for the improvement and expansion of the Town of Nagpur in the manner hereinafter provided; And Whereas the previous sanction of the Governor-General, required by sub-section (3) of section 80-A of the Government of India Act, and the previous sanction of the Governor, required by section 80-C of the said Act, have been obtained for the passing of this Act; It is hereby enacted as follows:--

Read full Act

S.1 Short Title, Extent and Commencement

(1) This Act may be called the Nagpur Improvement Trust Act, 1936.

(2) It extends to the area comprised within the limits of 1 [the City] and to such other area outside those limits as the 2 [State] Government may, from time to time by notification, declare.

(3) It shall come into force on such date as the 2 [State] Government may, by notification, appoint in this behalf.

1. Substituted by M. P. Act. No. XIV of 1952, section 19.

2. Substituted for "Provincial" by A. O., 1950.

S.2 Definitions

In this Act, unless there is anything repugnant in the subject or context,--

• (a) "betterment contribution" means the contribution prescribed by section 69;
• 1 [(a-1) "building" means a house, hut, shed or other structure for whatever purpose and of whatever material constructed and every part thereof, whether used as a human habitation or not, and includes well, latrine, drainage work, fixed platform, verandah, plinth, doorstep, compound wall, fencing and the like, and any work connected therewith;]
• (b) "building line" means a line, in rear of the street alignment, up to which the main wall of a building abutting on a projected public street may lawfully extend;
• (c) "Chairman" means the chairman of the Trust;
• (d) 2 [* * * * *]
• (e) "committee" means a committee constituted under sub-section (1) of section 18;
• (f) "land" has the meaning assigned to it in clause (a) of section 3 of the Land Acquisi
  

S.3 Creation and incorporation of Trust

The duty of carrying out the provisions of this Act shall subject to the conditions and limitations hereinafter contained, be vested in a board to be called "The Nagpur Improvement Trust" hereinafter called "the Trust". Such board shall be a body corporate and have perpetual succession and a common seal, and shall by the said name sue or be sued.

S.4 Constitution of Trust

1 [(1) The Trust shall consist of 2 [ten Trustees], namely:--

• (a) a Chairman,
• 3 [(b) the Chairman of the Standing Committee of the Corporation or, while the Corporation is under suspension, the Administrator of the City, appointed under section 409 of the City of Nagpur Corporation Act, 1948 (C. P. Act II of 1950),
• 4 [(ba) the Collector or Additional Collector of Nagpur District, to be nominated by the State Government;]
• 3 [(c) the Chief Executive Officer or, while the Corporation is under suspension, any officer of the Corporation nominated by the Administrator of the City],
• 3 [(d) one Councillor of the Corporation.
• (e) four persons appointed under sub-section (2), of whom not less than two shall be non-officials residing within the limits of the area to which this Act applies;
• (f) one member of 5 [Bombay] Legislative Assembly.].

S.4A Omitted

1 [4A. Omitted

[* * * *]]

1. Omitted by M. P. Act No. XIV of 1952, section 4.

S.5 Resignation of Trustee other than Ex-officio Trustee

Any Trustee, other than an ex-officio Trustee, may at any time resign his office, provided that his resignation shall not take effect until accepted by the Trust.

S.6 Term of Office of Chairman or of any Trustee

1 [6. Term of Office of Chairman or of any Trustee

The term of office of Chairman or of any Trustee appointed under clause (e) of sub-section (1) of section 4 shall be five years, provided that, the Chairman or any Trustee may be removed from office by the State Government at any time before the completion of such term.]

1. Substituted by M. P. Act. No. XIV of 1952, section 5.

S.7 Term of Office of other Trustees

1 [7. Term of Office of other Trustees

(1) Every person becoming a Trustee under clause (b) 2 [or clause (ba) or clause (c)] of sub-section (1) of section 4 shall continue to hold office as such Trustee so long as he continues to hold office by virtue of which he becomes such Trustee.

(2) The term of office of every person becoming a Trustee by virtue of clause (d) of sub-section (1) of section 4, shall be five years or until he ceases to be a Councillor of the Corporation, whichever period is less.

(3) The term of office of every person becoming a Trustee by virtue of clause (f) of subsection (1) of section 4 shall be five years or until he ceases to be a member of 3 [Bombay] Legislative Assembly, whichever period is less.]

1. Substituted by M. P. Act No. XIV of 1952, section 6.

2. These words, brackets and letters were substituted for words, brackets and letter, "or clause (c)" by Mah 31 of 2011, Sec

S.8 Commencement of Term of Office of First Trustees

1 [8. Commencement of Term of Office of First Trustees

(1) The term of office of the first appointed and elected Trustees shall commence on such date as shall be notified in this behalf by the 2 [State] Government.]

(2) A person ceasing to be a Trustee by reason of the expiry of his term of office shall, if otherwise qualified, be eligible for re-election or re-appointment.

1. Substituted by M. P. Act No. XIV of 1952, section 3.

2. Substituted for provincial by A. O., 1950.

S.9 Remuneration of Chairman

1 [9. Remuneration of Chairman

(1) No Trustee, other than the Chairman, shall receive any emoluments from the funds of the Trust.

(2) The Chairman shall receive such emoluments as may be sanctioned by the 2 [State] Government from time to time and shall be subject to such terms and conditions of service as may be specified by the 2 [State] Government.

(3) While any person is holding the office of Chairman he shall not hold any other salaried office, and subject to any exception permitted by the 2 [State] Government shall devote his whole time and attention to his duties under this Act.]

1. 4 Substituted by Central Provinces and Berar Act No. XXXIV of 1949, section 5.

2. Substituted for provincial by A. O., 1950.

S.10 Removal of Trustees

(1) The 1 [State] Government may remove from the Trust any Trustees other than an ex officio Trustee who---

• (a) refuses to act, or becomes incapable of acting as a Trustee, or absents himself without the permission of the Trust for more than three consecutive months from the meetings of the Trust or of any Committee of which he is a member and is unable to explain such absence to the satisfaction of the Trust, or
• (b) is an undischarged insolvent or has compounded with his creditors, or
• (c) has been sentenced by a Criminal Court to imprisonment for a term exceeding six months or to transportation, or has been ordered to find security for good behaviour under the Code of Criminal Procedure, such sentence or order not having subsequently being reversed or remitted or the offender pardoned, or
• (d) has acquired or continued to hold without the permission in writing of the 1 [State] Government directly or indirectly or by a pa
  

S.11 Disabilities of Trustees removed under Section 10

(1) A Trustee removed under clause (a) or clause (c) of sub-section (1) of section 10, or under sub-section (2) of that section, shall not be eligible for further election or appointment for a period of three years from the date of his removal.

(2) A Trustee removed under clause (b) of sub-section (1) of section 10 shall not be so eligible until he has obtained his discharge or has paid his creditors in full, as the case may be.

(3) A Trustee removed under any other provisions of section 10 or deemed to have resigned under sub-section (4) of that section shall not be so eligible until he is declared to be no longer ineligible by an order of the 1 [State] Government.

1. Substituted for "Provincial" by A. O., 1950.

S.12 Filling of Casual Vacancies

(1) When the place of a Trustee appointed by the 1 [State] Government becomes vacant by his resignation, removal or death, the 1 [State] Government shall appoint a person to fill the vacancy.

(2) When the place of a Trustee elected under clause (d) of sub-section (1) of section 4 becomes vacant by his resignation, removal or death, the vacancy shall be filled, within two months of the existence of such vacancy being notified to 2 [the Corporation] by the Trust, in the manner provided by sub-section (4) of the same section, provided that if 2 [the Corporation] fails to elect a qualified person to fill the vacancy within the said period, the provisions of sub-section (5) of section 4 shall apply.

3 [(2-A) When the place of a Trustee elected under clause (f) of sub-section (1) of section 4 becomes vacant by his resignation, removal or death, it shall be filled in the same manner in which the original appointment was

S.13 Leave of Absence or Deputation of the Chairman

(1) The 1 [State] Government may, after consultation with the Trust, grant leave of absence to the Chairman, or depute him to other duties for such period as it may think fit.

(2) The allowance, if any, to be paid to the Chairman during his absence on leave or deputation shall be such amount, not exceeding his salary, as may be fixed by the 2 [State] Government:

Provided that, if the Chairman is a servant of the 3 [Government] the amount of such allowance shall be such as he may be entitled to under the conditions of his service under the 3 [Government] relating to transfer to foreign service.

1. Inserted by Central Provinces and Berar Act No. XXXIV of 1949, Section 6.

2. Substituted for "Provincial" by A. P., 1950.

3. 4 Substituted for "Crown" by A. O., 1937.

S.14 Appointment, etc., of Acting Chairman

(1) Whenever the Chairman is granted leave of absence or deputed to other duties, the 1 [State] Government may appoint a person to act as Chairman in his place.

(2) The salary, house rent and conveyance allowance, if any, of any person appointed to act as Chairman shall be fixed by the 1 [State] Government, subject to the provisions of section 9.

(3) Any person appointed to act as Chairman shall exercise the powers and perform the duties conferred and imposed by or under this Act on the Chairman, and shall be subject to the same liabilities, restrictions and conditions as the Chairman.

1. Substituted for "Provincial" by A. P., 1950.

S.15 Leave of Absence of Trustees other than Ex-officio Trustee

The Trust may permit any Trustee, other than the Chairman or the ex-officio Trustee, to absent himself from the meeting of the Trust for any period not exceeding six months.

S.16 Meetings of Trust

(1) The Trust shall meet together and shall from time to time make such arrangements, not inconsistent with this Act, with respect to the place, day, hours, notice, management and adjournment of such meetings, and generally with respect to the transaction of business, as it may think fit, subject to the following provisions, namely:--

• (a) an ordinary meeting shall be held once at least in every month;
• (b) the Chairman may, whenever he thinks fit, and shall, upon the written request of not less than two Trustees, call a special meeting;
• (c) no business shall be transacted at any meeting unless at least three Trustees are present;
• (d) every meeting shall, if the Chairman be present, be presided over by him; if he is absent, by such one of the Trustees present as may be chosen by the meeting;
• (e) all questions shall be decided by a majority of votes of the Trustees present and voting, the person presiding having a second or casting vote
  

S.17 Temporary Association of Members with Trust for particular purposes

(1) The Trust may associate with, in such manner and for such period as may be prescribed by regulations, any persons whose assistance or advice it may desire in carrying out any of the provisions of this Act.

(2) A person associated with the Trust under sub-section (1) for any purpose shall have a right to take part in the discussions of the Trust relative to that purpose, but shall not have a right to vote at a meeting of the Trust, and shall not be a member of the Trust for any other purpose.

S.18 Constitution and Functions of Committees

(1) The Trust may, from time to time, appoint committees, consisting of such persons of any of the following classes as it may think fit, namely:--

• (i) Trustees;
• (ii) persons associated with the Trust under section 17;
• (iii) other persons whose assistance or advice the Trust may desire as members of committees:

Provided that no committee shall consist of less than three persons, of whom at least one shall be a Trustee.

(2) The Trust may--

• (a) refer to such committees, for inquiry and report, any matter relating to any of the purposes of this Act, and
• (b) delegate to such committees by specific resolution, and subject to any regulations, any of the powers or duties of the Trust.

(3) The Trust may at any time dissolve, or, subject to the provisions of sub-section (1), alter the constitution of any such committee.

(4) Every such committee shall conform to any instructions from time to time g

S.19 Meetings of Committees

(1) A committee appointed under section 18 may meet and adjourn as it thinks proper; but the Chairman may, whenever he thinks fit, 1 [and shall, upon the written request of not less than two members thereof, call a special meeting of such committee.]

(2) The Chairman may attend any meeting of a committee whether he is a member of such committee or not, and shall preside at every such meeting at which he is present; if he is absent, such one of the Trustees present as may be chosen by the meeting shall preside.

(3) All questions at any meeting of a committee shall be decided by a majority of votes of the members present and voting, the person presiding having a second or casting vote in all cases of equality of votes.

(4) No business shall be transacted at any meeting of a committee when either less than two members of, or less than one-fourth of the members constituting, the committee whichever is greater are present.

1. Substituted by Cen

S.20 Trustees and Associated Members of Trust or committee not to take part in proceedings in which they are personally interested

(1) A Trustee who--

• (a) has, directly by himself or indirectly as partner, agent, employer or counsel, any such share or interest as is described in sub-section (1) of section 10, in respect of any matter, or
• (b) has acted professionally, in relation to any matter, on behalf of any person having therein any such share or interest as aforesaid,

shall not vote or take any other part in any proceedings of the Trust or any committee relating to such matter.

(2) If any Trustee, or any person associated with the Trust under section 17, or any other member of a committee appointed under this Act, has, directly or indirectly, as partner, agent, employer or counsel any beneficial interest in any land situated in an area comprised in any improvement scheme framed under this Act, or in any area in which it is proposed to acquire land for any of the purposes of this Act,--

• (i) he shall, before taking part in any proceedings at a meeting o
  

S.21 Section 21

(1) Power of Trust to fix number and salaries of its servants.

Subject to such rules as the 1 [State] Government may make prescribing the conditions under which members of the staff appointed by the Trust to offices requiring professional skill may be appointed, suspended or dismissed, the Trust may from time to time fix the number and salaries of such permanent servants as it may think necessary and proper to assist in carrying out the purposes of this Act:

Provided that, the Trust may, with the previous sanction of the 1 [State] Government, appoint a person possessing professional skill on a short term contract for a period not exceeding five years.

(2) Appointment of temporary servants in cases of emergency.

The Chairman may in cases of emergency appoint such temporary servants as may in his opinion be required for the purposes of this Act, and may direct that the salaries of such temporary servants fixed as the emergency may req

S.21A [State] Government control over the Establishment of the Trust

(1) The Trust shall before the 31st March of each year prepare a statement showing---

• (a) the number, designation and grades of the officers and servants (other than employees who are paid by the day or week or whose pay is charged to any sanctioned work) whom it considers it necessary and proper to continue in employment or to employ for the purposes of this Act during the succeeding year,
• (b) the amount and nature of the salary, fees and allowance to be paid to each such officer or servant, and
• (c) the contribution payable under section 110 in respect of each such officer or servant,

and submit the same to the 1 [State] Government.

(2) Within a period of three months from the date of receipt of the statement under sub-section (1), the 2 [State] Government may, if in its opinion, the number of persons employed by the Trust as officers or servants, or whom the Trust may propose to employ as such, or the remun

S.22 Power of Appointment, etc

1 [(1)] Subject to the provisions of section 21 and to any rules for the time being in force, the power of appointing, promoting, and granting leave to officers and servants of the Trust, and reducing, suspending, or dismissing them for misconduct, and dispensing with their services for any reason other than misconduct, shall be vested---

• (a) in the case of officers and servants 2 [whose Grade Pay in the pay structure is equivalent to or lower than that of an Assistant Engineer] in the Chairman, and
• (b) in other cases, in the Trust:

Provided that any officer or servant 3 [in receipt of Grade Pay in the pay structure less than that is payable to an Assistant Engineer] who is reduced, suspended or dismissed by the Chairman may appeal to the Trust, whose decision shall be final.

4 [(2) Notwithstanding anything contained in this section, it shall be lawful for the State Government by an order, to dep

S.23 Control by Chairman

The Chairman shall exercise supervision and control over the acts and proceedings of all officers and servants of the Trust; and, subject to the provision of sections 21 and 22, shall dispose of all questions relating to the service of the said officer and servants and their pay, privileges, or allowances.

S.24 Delegation of certain of Chairman's functions

(1) The Chairman may, by general or special order in writing, delegate to any Trustee or officer of the Trust any of the Chairman's powers, duties or functions under this Act or any rule 1 [or regulation] made thereunder, except those conferred or imposed upon or vested in him by sections 16, 19, 25 and 49.

(2) The exercise or discharge by any such officer of any powers, duties or functions delegated to him under sub-section (1) shall be subject to such conditions and limitations, if any, as may be prescribed in the said order, 2 [and also to control and Suo motu revision by the Chairman].

1. Inserted by Central Provinces and Berar Act VII of 1944, section 3.

2. These words were substituted for the words "and also to control and revision by the chairman" by mah. 31 of 2011, Section 6.

S.24A Inspection or Examination of Departments, etc., of Trust

1 [24A. Inspection or Examination of Departments, etc., of Trust

(1) The 2 [State] Government may depute any officer to make an inspection or examination of any department, office, service, work or thing under the control of the Trust or to make an enquiry into the conduct of an officer of the Trust and to report to the 2 [State] Government the result of such inspection, examination or enquiry.

(2) Any officer so deputed shall have power to require the production of any record, correspondence or document in the possession or control of the Trust, and to inspect any work or service under the control of the Trust.]

1. Inserted by Central Provinces and Berar Act XXXIV of 1949, section 9.

2. Substituted for "Provincial" by A. O., 1950.

S.24B Punishment of Officer or Servant of Trust

If on receipt of the report of enquiry under sub-section (1) of section 24-A, the 1 [State] Government is of opinion that any officer or servant is guilty of misconduct, it may, after giving him an opportunity to be heard, direct that the Trust shall punish him and if in the opinion of the 1 [State] Government he is unfit for his employment, the Trust shall dismiss him.

1. Substituted for "Provincial" by A. O., 1950.

S.24C Power of the State Government to direct proper performance of duties

24C. Power of the 1 [State] Government to direct proper performance of duties

If the 1 [State] Government is of opinion that any of the duties imposed on the Trust has not been performed or has been performed in an imperfect manner, the 1 [State] Government may direct the Trust to make arrangements for the proper performance of the duties or to take such measures as may be specified by the 1 [State] Government.]

1. Substituted for "Provincial" by A. O., 1950.

S.24D Power of State Government to Issue Directions or Instructions

1 [24D. Power of State Government to Issue Directions or Instructions

The State Government may, from time to time, issue such directions or instructions as it may think fit in regard to finance and conduct of business and affairs of the Trust and the Trust shall be bound to follow and act upon these directions or instructions:

Provided that, the State Government shall, before issuing any directions or instructions, give an opportunity to the Trust to make representation within fifteen days as to why such directions or instructions shall not be issued. If the Trust fails to represent within fifteen days or, after having represented, the State Government on considering the representation, is of the opinion that issuing of such directions or instructions is necessary; the State Government may issue the same.]

1. Section 24-D inserted by. Mah. 32 of 2011, Section 7.

S.24E Power of State Government to give appropriate order in respect of certain resolution etc. of Trust

1 [24E. Power of State Government to give appropriate order in respect of certain resolution etc. of Trust

(1) If the State Government on a reference made to it by the Chairman, or suo motu, is satisfied that any resolution or order or any act of the Trust or of any of its authorities or officers is in contravention of, or, in excess of, the powers conferred by or under this Act or any other law for the time being in force, or rules, regulations or bye-laws made thereunder, or is likely to lead to abuse or misuse of, or cause waste of the Trust Fund or is against the financial interests of the Trust or against the interests of public or against the policy of the State government, the State Government may, give an appropriate order in writing, in that behalf to the Trust. A copy of such order shall be sent forthwith by the State Government to the Chairman:

Provided that, the State Government shall, before issuing any such order, give an opportunity to the Tr

S.Section 25 to 25 SUPPLY OF INFORMATION TO GOVERNMENT

S.25 Supply of Information and Documents to Government

(1) The Chairman shall forward to the 1 [State] Government 2 [* * *] a copy of the minutes of the proceedings of each meeting of the Trust within ten days from the date on which the minutes of the proceedings of such meeting were signed, as prescribed in clause (g) of sub-section (1) of section 16.

(2) If the 1 [State] Government so directs in any case, the Chairman shall forward to it a copy of all papers which were laid before the Trust for consideration at any meeting.

(3) The 1 [State] Government may require the Chairman to furnish with--

• (a) any return, statement, estimate, statistics or other information regarding any matter under the control of the Trust, or
• (b) a report on any such matter, or
• (c) a copy of any document in the charge of the Chairman.

The Chairman shall comply with every such requisition without unreasonable delay.

1. Substituted for "Provincial"

S.26 Matter to be provided for Improvement Schemes

An improvement scheme may provide for all or any of the following matters namely:-

• (a) the acquisition by purchase, exchange, or otherwise of any property necessary for or affected by the execution of the scheme;
• (b) the recovery of betterment contributions 1 [* * *];
• (c) the re-laying out of any land comprised in the scheme;
• (d) the re-distribution of sites belonging to owners of property dealing unfit for human habitation;
• (e) the closure or demolition of dwellings or portions of dwellings unfit for human habitation;
• (f) the demolition of obstructive buildings or portions of buildings;
• (g) the construction and re-construction of buildings;
• (h) the sale, letting, or exchange of any property comprised in the scheme;
• (i) the construction and alteration of streets and back lanes;
• (j) the draining, water-supply and lighting of streets so constructed or altered;
• (k) the pro
  

S.27 Type of Improvement Scheme

An improvement scheme shall be of the one of the following types or may combine any two or more of such types, or of any special features thereof, that is to say,--

• (a) a general improvement scheme;
• (b) a re-building scheme;
• (c) a re-housing scheme;
• (d) a street scheme;
• (e) a deferred street scheme;
• (f) a development scheme;
• (g) a housing accomodation scheme 1 [* * *];
• 2 [(h) a future expansion or improvement scheme];
• 3 [(i) a drainage or drainage including sewage disposal scheme.]

1. Omitted by Central Provinces and Berar Act VII of 1944, section 4 (i).

2. Substituted by Central Provinces and Berar Act XXXIV of 1949, section 11.

3. Inserted by Central Provinces and Berar Act VII of 1944, section 4(iii).

S.28 General Improvement Scheme

Whenever it appears to the Trust---

• (a) that any buildings in any area which are used or are intended or likely to be used as dwelling places are unfit for human habitation, or
• (b) that danger to the health of the habitants of buildings in any area, or in any neighbouring buildings is caused by---
  • (i) the narrowness, closeness, or bad arrangement and condition of streets or buildings or groups of buildings in such area, or
  • (ii) the want of light, air, ventilation or proper conveniences in such area, or
  • (iii) any other sanitary defects in such area,

the Trust may pass a resolution to the effect that such an area is an insanitary area, and that a general improvement scheme ought to be framed in respect of such area, and may then proceed to frame such a scheme.

S.29 Re-Building Scheme

(1) Whenever it appears to the Trust that any area is insanitary area within the meaning of section 28 and that, regard being had to the comparative value of the buildings in such area and of the sites on which they are erected, the most satisfactory method of dealing with the area or any part thereof is a re-building scheme, it shall frame a scheme in accordance with the provisions of this section.

(2) A re-building scheme may provide for--

• (a) the reservation of street, back lanes and open spaces and the enlargement of existing street, back lanes and open spaces to such an extent as may be necessary for the purposes of the scheme;
• (b) the re-laying out of the sites of the area upon such streets, back lanes, or open spaces so reserved or enlarged;
• (c) the payment of compensation in respect of any such reservation or enlargement, and the construction of the streets, back lanes, and open spaces so reserved or enlarged;
• (d) the demolitio
  

S.30 Re-Housing Scheme

The Trust may frame schemes (herein called re-housing schemes) for the construction, maintenance and management of such and so many dwellings and shops as it may consider ought to be provided for persons who---

• (a) are displaced by the execution of any improvement scheme sanctioned under this Act, or
• (b) are likely to be displaced by the execution of any improvement scheme which it is intended to frame, or to submit to the 1 [State] Government for sanction under this Act.

1. Substituted for "Provincial" by A. O., 1950.

S.31 Street Scheme

(1) Whenever the Trust is of opinion that, for the purpose of---

• (a) providing building sites, or
• (b) remedying defective ventilations, or
• (c) creating new or improving existing means of communications and facilities for traffic, or
• (d) affording better facilities for 1 [conservancy and drainage] it is expedient to lay-out new streets or alter existing streets (including bridges, causeways and culverts), the Trust may pass a resolution to that effect, and shall then proceed to frame a street scheme for such area as it may think fit.

(2) A street scheme may, within the limits of the area comprised in the scheme provide for--

• (a) the acquisition of any land which will, in the opinion of the Trust, be necessary for its execution;
• (b) the re-laying out of all or any of the lands so acquired, including the construction and re-construction of buildings by the Trust or by any other person and the laying
  

S.32 Deferred Street Scheme

(1) Whenever the Trust is of opinion that it is expedient for any purposes mentioned in section 31 to provide for the ultimate widening of any street by altering the existence alignments of such street to improved alignments to be prescribed by the Trust, but that it is not expedient immediately to acquire all or any of the properties lying within the propose improved alignments, the Trust, if satisfied of the sufficiency of its resources, may pass a resolution to that effect, and shall forthwith proceed to make a scheme to be called a "deferred street scheme" prescribing an alignment on each site of such street.

(2) No person shall erect, add to or alter any building or wall so as to make the same project beyond the prescribed alignment of the street except with the written permission of the Trust.

(3) The deferred street scheme shall provide for--

• (a) the acquisition of the whole or any part of any property lying within the prescribed street alignments;
  

S.33 Development Scheme

(1) In regard to any area to which this Act 1 [extends] the Trust may, from time to time, prepare a scheme of proposed public streets with plans showing the direction of such streets, the street alignment and building line on each side of them, their intended width and such other details as may appear desirable.

(2) When any such scheme has been notified under section 45 the street to which it refers shall be deemed to be a projected public street.

(3) If any person desires to erect, re-erect, add to or alter any building or wall so as to make the same project beyond the street alignment or building line shown in any plan so adopted, he shall apply to the Trust for premission to do so.

(4) If the Trust refuses to grant permission to any person to erect on his land any building or wall to project as aforesaid, and if it does not proceed to acquire such land within one year from the date of such refusal, it shall pay reasonable compensation to such per

S.34 Housing Accommodation Scheme

Whenever the Trust is of opinion that it is expedient and for the public advantage to provide housing accommodation for any class of the inhabitants of any area to which this Act 1 [extends], it may frame a scheme (to be "housing accommodation scheme") for such purpose.

1. Substituted for "is extended" by Central Provinces and Berar Act VII of 1944, section 7.

S.35 Future Expansion or Improvement Scheme

35. 1 [Future Expansion or Improvement Scheme]

(1) Whenever the Trust is of opinion that it is expedient and for public advantage to control and provide for the future 2 [ 7 * * * improvement or expansion] of the town of Nagpur, whether within or without the limits of the city, the Trust may frame a scheme therefor, 4 [* * *].

(2) Such scheme shall show the method in which it is proposed to lay out the area to be developed and the purposes for which particular areas are to be utilised.

(3) For the purposes of 5 [such scheme] the provisions of clause (a) of sub-section (2) of section 43 shall not be applicable, but the Trust shall furnish such details as the 6 [State] Government may consider necessary.

(4) After any such scheme has been notified under section 45, if any person desires to erect, re-erect, add to or alter any building or wall within the area comprised in the said scheme, he shall apply

S.35A Drainage or drainage including Sewage Disposal scheme

1 [35A. Drainage or drainage including Sewage Disposal scheme

(1) Whenever the Trust is of opinion that it is expedient to provide for drainage or drainage including sewage disposal for any area, the Trust may pass resolution to that effect and shall then proceed to frame a drainage or drainage including sewage disposal scheme for such area.

(2) A drainage or drainage including sewage disposal scheme may provide for--

• (a) the acquisition of any land which will, in the opinion of the Trust, be necessary for its execution;
• (b) the draining or sewage of the land under the scheme;
• (c) the laying out or re-laying out of all or any of the lands under the scheme including the construction and re-construction of buildings, aqueducts, distributaries, effluent channels, treatment works, and overflow tanks by the Trust or by any other persons, as the case may be;
• (d) the establishment and maintenance of a farm or factory for the
  

S.36 Official Representation

(1) An improvement scheme may be framed upon an official representation by 1 [the Corporation or otherwise].

(2) An official representation referred to in sub-section (1) may be made by 1 [the Corporation],--

• (a) on its own motion, or
• (b) on a written complaint by the Chief Executive Officer or the Health Officer, or
• (c) in respect of any area comprised in a 1 [Corporation ward], on a written complaint signed by twenty-five or more residents of such ward who are liable to pay 2 [property tax under the City of Nagpur Corporation Act, 1948].

(3) If 1 [the Corporation] decides not to make an official representation on any complaint made to it under clause (b) or clause (c) of sub-section (1), it shall cause a copy of such complaint to be sent to the Trust with a statement of the reasons for its decision.

1. Substituted by M. P. Act, XIV of 1952, section 19.

S.37 Consideration of Official Representation

(1) The Trust shall consider every official representation made under section 36 and, if satisfied as to the truth thereof and as to the sufficiency of its resources, shall decide whether an improvement scheme to carry such representation into effect should be framed forthwith or not, and shall forthwith intimate its decision to 1 [the Corporation].

(2) If the Trust decides that it is not necessary or expedient to frame such an improvement scheme forthwith, it shall inform 1 [the Corporation] of the reasons for its decision.

(3) If the Trust fails, for a period of twelve months after the receipt of any official representation made under section 36, to intimate its decision thereon to 1 [the Corporation], or if the Trust intimated to 1 [the Corporation] its decision that it is not necessary or expedient to frame an improvement scheme forthwith or decides to frame a scheme of a type other than that recommended by 1

S.38 Matters to be considered when framing Improvement schemes

When framing an improvement scheme in respect of any area, regard shall be had to---

• (a) the nature and the conditions of neighbouring areas and of the town as a whole;
• (b) the several directions in which the expansion of the town appears likely to take place; and
• (c) the likelihood of improvement schemes being required for other parts of the town.

S.39 Preparation, Publication and Transmission of notices to Improvement Schemes and supply of documents to applicants

(1) When any improvement scheme has been framed, the Trust shall prepare a notice, stating---

• (a) the fact that the scheme has been framed,
• (b) the boundaries of the area comprised in the scheme, and
• (c) the place at which particulars of the scheme, a map of the area comprised in the scheme, and a statement of the land which it is proposed to acquire and the land in regard to which it is proposed to recover a betterment contribution, may be seen at reasonable hours.

(2) The Trust shall--

• (a) cause the said notice to be published weekly for three consecutive weeks in the Official Gazette and in a local newspaper or newspapers, if any, with a statement of the period within which objections will be received, and
• (b) send a copy of the notice to the 1 [C. E. O. of the Corporation].

(3) The Chairman shall cause copies or extracts of all documents referred to in clause (c) of sub-section (1) to be

S.40 Transmission to Trust of representation by Corporation is to Improvement scheme

40. Transmission to Trust of representation by 2 [Corporation] is to Improvement scheme

1 [The C. E. O. of the Corporation] on receiving a copy of a notice sent to him under clause (b) of sub-section (2) of section 39 shall, within a period of sixty days from the receipt of the said copy, forward to the Trust any representation which 2 [the Corporation] may think fit to make with regard to the scheme.

1. Substituted by M. P. Act, XIV of 1952, section 10.

2. Substituted by M. P. Act, XIV of 1952, section 19.

S.41 Notice of Proposed Acquisition

(1) During the thirty days next following the first day on which any notice is published under section 39 in respect of any improvement scheme, the Trust shall serve a notice on--

• (a) every person whose name appears in the municipal assessment list of land 1 [authorised under section 133 of the City of Nagpur Corporation Act, 1948, as owner of] any building or land which it is proposed to acquire in executing the 1 [scheme or] in regard to which it proposes to recover a betterment contribution, and
• (b) the occupier (who need not be named) of each premises entered in the municipal assessment list which the Trust proposes to acquire in executing the scheme.

(2) Such notice shall--

• (a) state that the Trust proposes to acquire such land or to recover such betterment contribution for the purposes of carrying out an improvement scheme, and
• (b) require such person, if he dissents from such acquisition or from
  

S.42 Furnishing of Copies or Extracts from the Municipal Assessment Book

1 [The Chief Executive Officer of the Corporation] shall furnish the Chairman at his request, with a copy of, or extracts from the 2 [municipal assessment list authenticated under section 133 of the City of Nagpur Corporation Act, 1948, (II of 1950)] on payment of such fees as may be prescribed by rule made under section 89.

1. Substituted for "Scheme" by Central Provinces and Berar Act VII of 1944, section 10.

2. Substituted by M. P. Act, XIV of 1952, section 11.

S.43 Abandonment of Improvement Scheme of Application to State Government to Sanction it

43. Abandonment of Improvement Scheme of Application to 1 [State] Government to Sanction it

(1) After the expiration of the periods respectively prescribed under clause (a) of sub-section (2) of section 39, by section 404, and by clause (b) of sub-section (2) of section 41, in respect of any improvement scheme, the Trust shall consider any objection, representation or statement of dissent received thereunder, and after hearing all persons making any such objection, representation or dissent, who may desire to be heard, the Trust may either abandon the scheme or apply to the 1 [State] Government for sanction to the scheme with such modifications, if any, as the Trust may consider necessary.

(2) Every application submitted under sub-section (1) shall be accompanied by--

• (a) a description of, and full particulars relating to, the scheme, and complete plans and estimates of the cost of executing the scheme;
• (b) a description of