TOWN PLANNING ACT, 1939

No. 04 of 1108

31st December 1932

An Act to regulate the Development of Towns to secure to their present and future inhabitants sanitary conditions, amenity and convenience, passed by His Highness the Maharaja of Travancore under date the 17th Dhanu, 1108, corresponding to the 31st December 1932, under section 14 of [Act] II of 1097. Whereas it is expedient that the development of towns should be regulated to secure to their present and future-in habitants sanitary conditions, amenity and convenience. It is hereby enacted as follows:-

Read full Act

S.1 Short title, extent and commencement

(1) This [Act] may be called "The [XXXX] Town Planning Act".

(2) It extends to the whole of the State of Kerala excluding the Malabar District referred to in sub-section (2) of section 5 of the States Re-organisation Act, 1956 (Central Act 37 of 1956):

Provided that in the application of Chapter VII of this Act to Cochin, references to Land Acquisition Act XI of 1089 in that Chapter shall be construed as references to the Land Acquisition Act II of 1070 (Cochin) and the reference to section 6 of the Land Acquisition Act XI of 1089 in section 33 shall be construed as reference to section 5 of the Land Acquisition Act II of 1070 (Cochin).

(3) It shall come into force at once.

S.2 Definitions

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

(1) "Chairman" means the "Commissioner of the Municipality" in the case of a municipality having a Commissioner and the "President of the Municipal Council" in the case of other municipalities.
(2) "Council" or "municipal council" means the council of a municipal corporation or of a municipality;
(3) "Director" means the Director of Town Planning appointed under this [Act].
(4) "Municipality" means any city as defined in the Kerala Municipal Corporations Act, 1961 (30 of 1961) and any local area in which the Kerala Municipalities Act, 1960 (14 of 1961), is in force.
(5) "Owner" includes the person for the time being receiving, or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person, or for any religious or charitable purpose, the rents or profits of the property in connection with which the w

S.3 Matters that may be dealt with in scheme

A town planning scheme may provide for all or any of the following matters:-

(a) the laying out or re-laying out of land, either vacant or already built upon as building sites, or for any of the purposes mentioned in this section;
(b) the construction, diversion, extension, alteration, improvement or closure of streets, roads and communication;
(c) the construction, alteration, removal or demolishing of buildings, bridges and other structures;
(d) the acquisition by purchase, exchange or otherwise, of any land or other immovable property within the area included in the scheme whether required immediately or not;
(e) the redistribution of boundaries and the reconstitution of plots, belonging to owners of property comprised in the scheme;
(f) the disposal by sale, exchange, lease, or otherwise of land acquired or owned by the council;
(g) transport facilities;
(h) water supply;
(i) lighting;

S.4 Reconstituted plots

(1) The size and shape of every reconstituted plot shall be so determined as to render it, so far as may be, suitable for building purposes.

(2) In order to render original plots more suitable for building purposes, the scheme may contain proposals-

(a) to form a reconstituted plot by the alteration of the boundaries of an original plot;
(b) to provide, with the consent of the owners, that two or more original plots, each of which is held in ownership in severally or in joint ownership, shall thereafter, with or without alteration of boundaries, be held in ownership in common as a reconstituted plot;
(c) to allot a plot with his consent to any owner dispossessed of land in furtherance of the scheme; and
(d) to transfer the ownership of a plot from one person to another with the consent of the latter.

S.5 Appointment of Director of Town Planning

(1) Our Government may appoint a person to be Director of Town Planning [XXXX] and may assign to him from time to time such establishment as they think fit.

(2) The cost of such officer and his establishment shall be borne by Our Government.

(3) Municipal councils shall consult the Director on such matters relating to town planning, and in such manner as may be prescribed. If any difference arises between the Director and a council on any matter so prescribed, it shall be referred to Our Government whose decision shall be final.

S.6 A scheme to determine lines of improvement and development of towns

A town planning scheme shall determine the lines on which the improvement and development of the areas included in the scheme shall proceed and shall provide for such of the matters referred to in section 3 and to such extent as may be prescribed.

S.7 Declaration of intention to make or adopt scheme

(1) A municipal council may, at any time, by resolution, decide to prepare a scheme in respect of any land, within the municipal area, or in its vicinity outside such area, or to adopt with or without modifications a draft scheme proposed by all or any of the owners of any such land. The chairman shall then have a plan prepared showing the land proposed to be included in the scheme, the surrounding lands and any existing streets.

(2) No town planning scheme made or adopted by a municipal council shall include any area outside its limits without the sanction of Our Government.

(3) The decision of Our Government as to whether any land is in the vicinity of a municipal area shall be final.

S.8 Notification of resolution to make or adopt scheme

The resolution under section 7 shall be published by notification in the prescribed manner by the chairman; and such notification shall state that a copy of the plan is kept for the inspection of the public at all reasonable hours at the municipal office.

S.9 Publication of draft scheme

(1) If the resolution is to make a scheme, the municipal council shall, within twelve months from the date of the notification under section 8 or within such further period, not exceeding twelve months, as Our Government may allow, and after consulting, in the prescribed manner, the owners of lands and buildings in the area affected, prepare and publish a draft scheme.

(2) If the resolution is to adopt a draft scheme proposed by owners, the council shall, without delay, publish such scheme.

S.10 Power of Government to require council to make schemes

Notwithstanding anything contained in sections 7 to 9, Our Government may, in respect of any municipality, after making such enquiry as they may deem necessary, by notification in Our Government Gazette require the council to prepare, publish and submit for their sanction a draft scheme as respects any land in regard to which a town planning scheme may be made.

Such requisition shall operate and be treated in every respect as a resolution passed by the council under section 7 and the council shall proceed as if by a resolution the council had decided to prepare the scheme.

S.11 Contents of draft scheme

(1) Every draft scheme shall contain the following particulars:-

(a) a plan showing the lines of existing and proposed streets;
(b) the ownership of all lands and buildings in the area to which the scheme relates;
(c) the area of all such lands whether public or private.
(d) a full description of all details of the scheme under such clauses of section 3 as may be applicable;
(e) an estimate of the cost of the scheme;
(f) regulations for enforcing or carrying out the provisions of the scheme; and defining the responsible authority and the period for which such responsible authority shall function; and
(g) any other particulars or plans that may be prescribed or specially required by Our Government.

(2) Every draft scheme which includes a housing scheme shall also contain the following particulars, namely:-

(i) the approximate number and the nature of the houses to be provided by the respons

S.12 Sanctioning of scheme by Government

(1) If within sixty days from the date of the publication of a draft scheme any person affected by such scheme communicates in writing any objection or suggestion relating thereto, the council shall consider such objection or suggestion and may modify the scheme as it thinks fit.

(2) The scheme as passed or adopted by the council together with all written objections and suggestions shall thereupon be submitted to Our Government for sanction and the fact of such submission shall be published in the prescribed manner.

(3) Our Government may, after considering the objections and suggestions, if any, and making such inquiry as they think fit, sanction the scheme with or without modifications, or may refuse to sanction the scheme or may return the scheme to the council for reconsideration:

Provided that unless a modification is, in the opinion of Our Government, verbal or inconsequential, Our Government shall not sanction the scheme with such modification without th

S.13 Variation or revocation of scheme

(1) A town planning scheme sanctioned under section 12 may at any time be revoked or varied by a subsequent scheme, published and sanctioned in accordance with this [Act]:

Provided that the municipal council shall be competent to modify a scheme after it has been sanctioned by Our Government under section 12 by an agreement entered into with the persons interested in the scheme and with the concurrence of Our Government.

(2) (a) Our Government may, at any time, by notification in Our Government Gazette, vary or revoke a scheme sanctioned under section 12.

(b) Before issuing such notification Our Government shall publish in the prescribed manner a draft of such notification together with a notice mentioning the reasons for the proposed variation or revocation and specifying a date on or after which such draft will be taken into consideration and shall consider any objection or suggestion which may be received in respect of such draft from the council or any pers

S.14 Compensation to persons affected by variation or revocation of scheme

If at any time after the day on which a scheme has come into force such scheme is varied or revoked, any person who has incurred expenditure for the purpose of complying with such scheme shall be entitled to receive compensation from the municipal council in so far as, by reason of the variation or revocation of such scheme, such expenditure has ceased to be in any way beneficial to him.

S.15 Restrictions after declaration

(1) After the publication of a notification under section 8 or section 10-

(a) no person shall within the area included in the scheme erect or proceed with any building or work or remove, pull down or alter any building or part of a building or remove any earth, stone or material unless such person has applied for and obtained the necessary permission, which shall be contained in a commencement certificate granted, in cases where the scheme has not been sanctioned, by the municipal council, and in other cases by the responsible authority, in the form prescribed;
(b) the municipal council or the responsible authority, as the case may be, on receipt of such application, shall furnish the applicant with a written acknowledgement of its receipt, and after inquiry may either grant or refuse such certificate or grant it subject to such conditions as may be consistent with the scheme, but if no decision is communicated to the applicant within three months from the da

S.16 Obligation on owners to comply with scheme after sanction

From the date of the notification of Our Government sanctioning a scheme under section 12, all owners of lands and buildings in the area affected by the scheme who propose to construct or reconstruct or in any way alter or add to buildings shall conform in every particular with the requirements of such scheme; and no building shall be constructed or reconstructed in any area in which building is expressly forbidden in the scheme, or which is reserved in the scheme for any purpose incompatible with building.

S.17 Power of responsible authority to enforce scheme

(1) On and after the day on which the scheme comes into force, the responsible authority may make a provisional order requiring an owner-

(a) to remove, pull down or alter within a specified period any building or other work in the area included in the scheme which is such as to contravene the scheme, or in the erection or carrying out of which any provision of the scheme has not been complied with; or
(b) to execute within a specified period any work which it is the owner's duty to execute under the scheme, where the responsible authority is of opinion that delay in the execution of the work would prejudice the efficient operation of the scheme.

(2) The responsible authority shall serve a copy of the provisional order made under sub-section (1) on the owner, together with a notice requiring him to show cause, within a reasonable time to be specified in such notice, why the order should not be confirmed.

(3) If the owner fails to show caus

S.18 Right to compensation

Any person whose property is injuriously affected [XXXX] by the making of a town planning scheme shall, if he makes a claim for the purpose within the time (if any) limited by the scheme, not being less than three months after the date of publication of a notification by Our Government sanctioning the scheme under section 12, be entitled to obtain compensation in respect thereof from the municipal council.

S.19 No right to compensation for building, etc., subsequent to first notification

A person shall not be entitled to obtain compensation under section 18 on account of any building erected on, or contract made, or other thing done, with respect to land included in a scheme after the date of the publication of the notification under section 8 or section 10:

Provided that this provisions shall not apply to any building erected, contract made or other thing done in accordance with a permission granted under section 15.

S.20 Exclusion of limitation of compensation in certain cases

(1) Where a property is alleged to be injuriously affected by reason of any provisions contained in a town planning scheme, no compensation shall be paid in respect thereof, if or in so far as the provisions are such as would have been enforceable without compensation under any law, rule or bye-law at the time in force.

(2) Property shall not be deemed to be injuriously affected by reason of any provisions inserted in a scheme, which impose any conditions or restrictions in regard to any of the matters specified in section 3, clause (m) or clause (n)

(3) Where a person is entitled to compensation under this [Act] in respect of any matter or thing and he would be entitled to compensation in respect of the same matter or thing under any other [Act] he shall not be entitled to compensation in respect of that matter or thing under both the [Acts], nor shall he be entitled to any larger compensation under this [Act] than he would be entitled to under the other [Act].

S.21 Application for sanction for withdrawal or modification of the scheme

(1) The municipal council may, within three months from the date of an award of compensation in respect of property injuriously affected, make an application to Our Government to sanction the withdrawal or modification of all or any of the provisions of the scheme which gave rise to the claim for compensation and give notice of such application to the owner of such property.

(2) If Our Government accord such sanction, the award of compensation shall stand cancelled, and the municipal council shall pay the costs, if any, awarded by the arbitrator in connection with the claim for compensation.

(3) Nothing contained in this section shall affect the right of the owner to make a fresh claim for compensation in respect of the modified scheme sanctioned by Our Government under sub-section (2).

(4) No award of compensation in respect of property injuriously affected shall be enforceable within three months from the date thereof, or, if notice has been given under sub-s

S.22 Power to levy betterment contribution

Where by the making of any town planning scheme the value of any property has increased or is likely to increase the municipal council, if it makes a claim for the purpose within the time (if any) limited by the scheme, not being less than three months after the date of publication of a notification of Our Government sanctioning a scheme under section 12, shall be entitled to recover from the owner of such property an annual betterment contribution for such term of years and at such uniform percentage of the increase in value not exceeding ten per centum as may be fixed in the scheme:

Provided that the aggregate amount of the contributions so recovered shall not exceed one-half of the maximum increase in value during the aforesaid term of years as ascertained under the next following section.

S.23 Betterment contribution how calculated

The betterment contribution shall be levied according to the following principles:-

(a) In respect of each property on which the contribution may be levied under section 22 its market value at the date of the publication of the notification under section 8 or section 10 shall be estimated without reference to the improvements contemplated in the scheme.
(b) In each of the financial years following that in which the scheme takes effect under section 12, sub-section (6), the market value of each such property on the first day of Chingam of that year shall be estimated by the chairman.
(c) If, in any financial year, the market value estimated under clause (b) does not exceed that estimated under clause (a) no betterment contribution shall be levied for that year.
(d) If, in any financial year, the estimated market value under clause (b) exceeds that under clause (a), the municipal council shall levy on the difference a betterment contribution ac

S.24 Assessment and collection of betterment contribution

(1) The betterment contribution shall be a first charge on the property on which it is due, subject to the prior payment of land revenue, if any, due to Our Government thereon, and shall be paid in half-yearly instalments of one-half of the amount fixed for the year.

(2) (a) Our Government may make rules for the assessment and collection of the betterment contribution and subject to such rules, (i) the chairman shall have the same powers and shall adopt the same procedure for the assessment and collection of the betterment contribution as he has for the assessment and collection of the house tax or property tax, (ii) persons affected shall have the same right to receive notice of the assessment and to object to the assessment and to appeal in respect thereof as they have in respect of the building or land tax or property tax, as the case may be, and (iii) decisions on appeal shall to the same extent be final and conclusive; and

(b) lands and buildings exempt from the

S.25 Option of objecting owner to require council to acquire his property

(1) If the owner of any property, separately registered in the municipal assessment books and assessed to a betterment contribution in any particular year, objects to the amount of such contribution on the ground that the market value estimate under clause (b) of section 23 is excessive, he shall state the market value which, he contends, is correct, and may within thirty days of the date on which the determination of his objection or appeal becomes final, by written notice, require the municipal council to acquire the property together with any buildings or other works that may exist thereon.

(2) The council shall thereupon either acquire the property or accept the market value as stated by the owner and revise its assessment of the betterment contribution in accordance therewith.

(3) In case the council elects to acquire the property, the compensation payable therefore shall be determined according to the provisions of the Land Acquisition [Act], XI of 1089 [or the

S.26 Government to appoint arbitrator

(1) After a scheme has been sanctioned Our Government may, and if so required by the council or any person interested in the scheme shall, appoint an arbitrator with sufficient establishment to discharge all or any of the following duties:-

(a) to pass such orders as may be required under clauses (a) to (d) of sub-section (2) of section 4;
(b) to define, and, where necessary, to demarcate, or cause the demarcation of, the reconstituted plots or the areas allotted to, or reserved for, the purposes mentioned in clause (k) of section 3;
(c) to decide, in reference to the claims made, whether any property is injuriously affected within the meaning of section 18 and award the compensation, if any, to be paid to the owner concerned in accordance with the provisions contained in Chapter IV; and
(d) to determine, in reference to the claims made, the properties which are liable to the betterment contribution under section 22 and estimate and record th

S.27 Appeal against arbitrators decision

(1) Any party aggrieved by any decision of the arbitrator under clause (c) or clause (d) of sub-section (1) of section 26 may within three months from the date of the communication of such decision appeal to the High Court.

(2) The decision of the arbitrator under clause (c) or clause (d) of sub-section (1) of section 26 and, when an appeal has been preferred under sub-section (1) the decision on such appeal shall be read as part of the scheme sanctioned under section 12 and shall be final and binding on all persons.

S.29 Municipal town planning fund

(1) The receipts of a municipal council under this [Act] or any town planning scheme made thereunder shall form a separate town planning fund and all expenditure under this [Act] or any town planning scheme thereunder shall be defrayed out of such fund. No portion of the fund shall, expect with the sanction of Our Government, be expended for purposes not provided for by this [Act].

(2) The moneys required, in the first instance, to establish such fund, and any deficiency from time to time occurring in such fund by reason of the excess of expenditure over receipts shall, subject to such rules as Our Government may frame in this behalf, be supplied out of the general municipal fund or out of moneys borrowed in pursuance of this [Act].

(3) Separate accounts shall be maintained by each municipal council for its town planning fund.

S.30 Power to borrow

A municipal council taking action under this [Act] shall be deemed to have the same powers and be subject to the same laws and rules for the purpose of borrowing money as it has and is subject to for general municipal purposes, and the making and execution of a town planning scheme shall be deemed a municipal purpose for which money may lawfully be borrowed.

S.31 Government grants or loans to town planning fund

Our Government may, subject to such terms and conditions as may be prescribed, give loans or grants to any municipal council towards its town planning fund.

S.32 Modification of Land Acquisition Act

Immovable property required for the purposes of town planning scheme shall be deemed to be land needed for a purpose within the meaning of the Land Acquisition [Act], XI of 1089, and may be acquired under the said [Act] modified in the manner provided in this chapter.

S.33 Notification under section 12 to have effect as declaration under section 6 of the Land Acquisition Act

Notwithstanding anything in the Land Acquisition [Act], XI of 1089, a notification under section 12 shall operate in respect of any land required for the purpose of the scheme as a declaration under section 6 of the said [Act] and no further declaration be necessary, but it shall not be incumbent on Our Government or officer authorised in that behalf, to take immediate steps for the acquisition of such lands. Provided that if the land is not acquired within three years from the date of the notification, it shall cease to have effect as a declaration under section 6 of the Land Acquisition [Act], XI of 1089.

S.34 Sections 14, 22 and 23 of the Land Acquisition Act superseded

(1) The provisions of sections 14, 22 and 23 of the Land Acquisition [Act], XI of 1089, shall have no application in the acquisition of property for the purpose of this [Act].

(2) In determining the amount of compensation to be awarded for land acquired under the said [Act] for such purposes the Division Peishkar and the court shall take into consideration-

(a) the market value of the land at the date of publication of the notification under section 8 or section 10 as the case may be;
(b) the damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time of the Division Peishkar's taking possession thereof;
(c) the damage (if any) sustained by the person interested, at the time of the Division Peishkar's taking possession of the land, by reason of severing such land from his other land or by reason of the acquisition injuriously affecting his other property movable or immova

S.35 Power of councils to make agreements

A municipal council shall be competent to make an agreement with any person in respect of any matter which is to be provided for in a town planning scheme, subject to the power of Our Government to modify or disallow such agreement, and, unless it is otherwise expressly provided thereon, such agreement shall take effect on and after the day on which the scheme comes into force:

Provided that if the agreement be modified by Our Government, either party shall have the opinion of avoiding it if he so elects within the prescribed period.

S.36 Town planning committee

Subject to such rules as Our Government may make in this behalf, a municipal council may appoint a special town planning committee composed either wholly of members of the municipal council, or partly of such members and partly of others, and may delegate to such committee power to dispose of, in relation to a particular scheme or to town planning in general, matters of a specified nature which under the provisions of this [Act], are reserved for the decision of the council:

Provided that no person, other than a member of the council shall be appointed to such committee unless such appointment is supported by not less than one-half of the sanctioned strength of the council:

Provided also that the number of persons who are appointed to any committee who are not members of the council shall not exceed one-third of the number of members of such committee.

S.37 Joint town planning committee

(1) Subject to such rules as Our Government may make in this behalf, a municipal council may, and if so required by Our Government shall, join with one or more than one other local authority in constituting a joint town planning committee for the making of a joint town planning scheme or for any purpose connected with town planning in which they are jointly interested or for which they are jointly responsible.

(2) A joint town planning committee may include persons who are not members of the local authorities concerned but who possess in their opinion special qualifications or represent institutions or corporations interested in the work of the committee:

Provided that the number of such persons shall not exceed one-third of the total number of members of the joint committee.

(3) (i) Our Government may make rules to carry out the purposes of sub-section (1).

(ii) In particular and without prejudice to the generality of the foregoing power Our Government

S.37A Extension of provisions to Panchayat areas

(1) The Government may, by notification in the Gazette, extent any provision of this Act to any Panchayat area in which the Travancore-Cochin Panchayats Act, 1950 is in force and may declare its extension to be subject to such restrictions and modifications as they consider necessary for the purpose of facilitating the application of the provision so extended in such area.

(2) Unless such notification shall otherwise provide, the functions, exercisable by a Municipal Council and a Chairman under any provision of this Act so extended shall be exercised by the Panchayat and its President respectively.

S.37B Relation of Municipal authorities to those of Panchayats in areas included in a scheme

When any Panchayat area in which the Travancore-Cochin Panchayats Act, 1950, is in force is comprised in a town planning scheme made or intended to be made by a Municipal Council then, notwithstanding anything in the said Act, the municipal authorities shall exercise therein all the powers given to them by this Act or the scheme, and the authorities of the panchayat concerned shall be bound to give all information that may be required by the municipal authorities for the purpose of this Act or the scheme, and to do nothing that will obstruct the lawful exercise of the powers of the municipal authorities thereunder.

S.38 Power of Government to arbitrate in disputes between local authorities

Any dispute between any two local authorities in regard to any matters arising under any of the provisions of this [Act] shall, in case of their failure to settle it amicably between themselves, be referred for adjudication to Our Government whose decision shall be final.

S.39 Powers of control of Government

(1) If Our Government are satisfied, after giving the municipal council an opportunity of explanation, and considering any other representations that may be made to them, that a municipal council-

(a) has failed to take the requisite steps for having a satisfactory town planning scheme prepared and sanctioned in a case where a town planning scheme ought to be made, or
(b) has failed to adopt any scheme proposed by owners of any land in a case where the scheme ought to be adopted, or
(c) has unreasonably refused to consent to any modifications or conditions imposed by Our Government.

Our Government may, as the case may require, order the municipal council to prepare and submit for the approval of Our Government such a town planning scheme or to adopt the scheme, or to consent to the modifications or conditions so inserted:

Provided that, where the municipal council has failed to adopt a scheme, Our Government, in lieu of making suc

S.40 Powers of entry, etc.

For the purpose of the making or execution of any town planning scheme, the municipal authorities or the responsible authority or persons appointed by Our Government under section 39 sub-section (3), their subordinates and contractors shall have the same power to enter upon, survey and set up marks on property and to do all acts necessary for such purposes, subject to the same conditions and restrictions, as they have for other municipal purposes under the enactment relating to the municipalities for the time being in force, and persons interfering with the exercise of such powers by the municipal authorities or the responsible authority or persons appointed by Our Government, their officers, servants or contractors, shall be liable to the same penalties.

S.41 Power of Government to make rules

(1) Our Government may make rules consistent with this [Act], either generally or for any particular area, to carry out all the purposes of this [Act] and such rules may be incorporated in any scheme by a reference thereto in the scheme, subject to any modifications that may be set out in the scheme.

(2) In particular and without prejudice to the generality of the foregoing power, Our Government shall have power to make rules in respect of the following matters:-

(a) the manner of publication of the notifications under section 8 and of the draft scheme under section 9;
(b) the further particulars or plans for inclusion in schemes under-section 3, clause (q) and section 11, sub-section (1), clause (g);
(b-1) the form of the commencement certificate to be granted under clause (a) to sub-section (1) of section 15 and the conditions, if any, to be included therein;
(b-2) the procedure to the followed in making an inquiry under clause (c) o

S.42 Previous publication of the rules

The power to make rules under this [Act] shall be subject to the condition of previous publication.

S.43 Penalty for breach of the provisions of the scheme

(1) Where a scheme sanctioned under this [Act] has provided that any person who commits or knowingly permits a breach of any specified provision of the scheme or who neglects or fails to comply with any such provision shall be punishable under this section, the responsible authority shall send to any person who commits or knowingly permits a breach of any such provision of the scheme or neglects or fails to comply with any such provision, a notice calling on him to discontinue the breach or cause it to be discontinued or to comply with such provision of the scheme.

(2) If after the expiry of one month from the date of receipt of the notice by such person under sub-section (1) the breach or neglect or failure continues, such person shall, on conviction, be punishable--

(i) with fine which may extend to one hundred rupees; and
(ii) if the breach, neglect or failure continues after such conviction, with fine which may extend to fifteen rupees for every day

S.44 Creation of town planning trusts

(1) When Our Government, after consulting the municipal council, decide that the interests of town planning in any particular area will be best served by entrusting it to a special board, they may, by notification in Our Government Gazette, constitute such board, to be called "The (name of town or other area) Town Planning Trust" hereinafter referred to as "the trust"; and thereupon the duty of carrying out the provisions of this [Act] in such local area shall, subject to the conditions and limitations hereinafter contained, be vested in the trust.

(2) The trust shall be a body corporate and have perpetual succession and a common seal and shall by the aforesaid name sue and be sued.

S.45 Constitution of trusts

(1) The trust referred to in section 44 shall consist of-

(a) a chairman appointed by the Government;
(b) persons elected by the members of the municipal council or other local authorities having jurisdiction in the area comprised in the trust or both;
(c) persons appointed by the Government either by name or by virtue of their office; and
(d) an executive trustee appointed under sub-section (1) of section 45A.

(2) The trust may also include representatives of transport undertakings or corporations, chambers of commerce, co-operative societies and similar bodies or associations nominated by the Government.

(3) The Government shall fix the strength of the trust, which shall not be less than seven and not more than fifteen, the number of trustees to be elected under clause (b) of sub-section (1), the local authorities by whom they shall be elected, the number of trustees to be appointed by the Government under clause (c) of

S.45A Appointment of Executive Trustee

(1) The Government shall appoint any person to be the executive trustee of the trust who shall be a full time officer of the trust.

(2) The executive trustee shall exercise such powers and perform such duties as may be prescribed.

S.46 Chairman may be given salary

The [Chairman and the executive trustee] of the trust may receive such salary or remuneration as may be sanctioned by Our Government. No other trustee shall receive any salary or other remuneration from the funds of the trust.

S.47 Removal of trustees

(1) Our Government may remove from the trust any trustee, other than an ex-officio trustee, who-

(a) refuses to act, or becomes incapable of acting, or absents himself 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 convicted of any offence by a criminal court or has been ordered to find security for good behavior under the Criminal Procedure Code, such conviction or order implying in the opinion of Our Government moral turpitude on the part of the person so convicted or ordered and not having been subsequently reversed or the offender pardoned, or
(d) has knowingly acquired or continued to hold, without the permission in writing of Our Government, directly or indirectly or by a partner, any share or interest in any co

S.48 Disabilities of trustees removed

(1) A trustee removed under clause (a) or clause (c) of sub-section (1) of section 47, or under sub-section (2) of that section shall not be eligible for further election or nomination 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 47 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 provision of section 47 shall not be so eligible until he is declared to be no longer ineligible and he may be so declared by an order of Our Government.

S.49 Application to trusts of this Act and their power to borrow

(1) When a trust has been duly constituted, the provisions of Chapters I to VIII of this [Act] shall, within the area entrusted to it for town planning purposes, apply in full as though the words "trust" and "chairman of the trust" were substituted for "municipal council" and "chairman of the council or chairman".

(2) A trust constituted under this Chapter shall for the purpose of borrowing money have the same powers and be subject to the same laws and rules as a municipal council under section 50.

S.50 Payment to trust by municipal councils

The municipal council in whose area a trust operates shall pay annually to the trust such amount as may be agreed on between them or as may be fixed by Our Government.

S.51 Vesting in municipal council of streets laid out or altered and open spaces provided by the trust under a scheme

(1) Whenever the municipal council is satisfied-

(a) that any street laid out or altered by the trust has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the scheme sanctioned by Our Government under this [Act], and
(b) that such lamps, lampposts, and other apparatus as the municipal council may consider necessary for the lighting of such street and as ought to be provided by the trust have been so provided, and
(c) that water and other sanitary conveniences ordinarily provided in a municipality have been duly provided in such street, the municipal council, after obtaining the assent of the trust or failing such assent, the assent of Our Government under sub-section (3), shall, by a written notice affixed in some conspicuous position in such street, declare the street to be a public street; and the street shall thereupon vest in the municipal council, and shall thenceforth be maintained, kept in

S.52 Ultimate dissolution of trust and transfer of its assets and liabilities to municipal council

(1) When the trust created for an area has executed all schemes sanctioned under this [Act], or so far executed them as to render its continued existence in the opinion of Our Government, unnecessary, Our Government may be notification declare that the trust shall be dissolved from such date as may be specified in this behalf in such notification; and the trust shall be deemed to be dissolved accordingly.

(2) From the said date-

(a) all properties, funds and dues which are vested in or realisable by the trust and the chairman, respectively, shall vest in and be realisable by the municipal council and the chairman of the council, respectively; and
(b) all liabilities which are enforceable against the trust shall be enforceable only against the municipal council; and
(c) for the purpose of completing the execution of any scheme, sanctioned under this [Act], which has not been fully executed by the trust, and of realising properties, funds, and du

S.53 Power of Government to make rules for trusts

(1) Our Government shall have power to make rules not inconsistent with this [Act] and applicable to all trusts or to any trust-

(a) as to the election, nomination and appointment of trustees, and the commencement of their terms of office;
(b) as to the resignation by trustees of their offices, and the filling of casual vacancies;
(c) as to the meetings of the trust, the procedure to be followed in summoning, adjourning and conducting the proceedings of such meetings;
(d) as to the constitution of committees of trust and the function that may be delegated to them;
(e) as to the officers and servants who may be employed by the trust, the authority by whom they may be appointed and punished, the salaries of such officers and servants and the institution, where necessary, of a provident fund or gratuity system for their benefit;
(f) as to the accounts to be kept and the returns to be submitted by the trust;
(g) as to t

S.53A Creation of development authorities

(1) If the Government decide that the interests of planning and development in any area will be best served by entrusting it to a special authority, they may, by notification in the Gazette, constitute a special authority to be called "the ..........(name of the area) Development Authority" (hereinafter referred to as "the development authority") and thereupon the duty of carrying out the provisions of this Act in such area shall, subject to the conditions and limitations hereinafter contained and those specified in such notification, be vested in the development authority.

(2) The development authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.

S.53B Composition of Development Authority

The Development Authority shall Compose of,

(1) the chairman of the development Authority;
(2) the General Council; and
(3) the Executive Committee.

S.53BA Chairman of Development Authority

The Government shall appoint a person to be the Chairman of the development authority on such terms and conditions as they may fix, who shall hold office during the pleasure of the Government:

Provided that the term of office of the Chairman shall not in any case exceed three years.

S.53BB The General Council

(1) The General Council shall be constituted by the Government and shall consist of the following members, namely:-

(a) The Chairman of the development authority, ex-officio; who shall be the Chairman of the General Council;
(b) not less than two persons nominated by the Government from among the members of the local authorities having jurisdiction in the area for which the development authority has been constituted:
(c) members of the State Legislative Assembly representing any area within the jurisdiction of the development authority:
(d) other persons nominated by the Government;
(e) the Secretary of the development authority, ex-officio.

Provided that if any member of the State Legislative Assembly representing any area within the jurisdiction of the development authority becomes a Minister, he may nominate a person from his constituency to represent him in the General Council;

(2) The General Council may als

S.53BC The Executive Committee

(1) The Executive Committee shall be constituted by the Government and shall consist of the following members, namely:-

(a) The Chairman of the development authority, ex-officio, who shall be the Chairman of the Executive Committee;
(b) one or two persons, depending upon the strength of the General Council, nominated by the Government from among the members of the General Council nominated under clause (b) of sub-section (1) of section 53BB;
(c) one or two persons, depending upon the strength of the General Council, nominated by the Government from among the members of the General Council under clause (c) of sub-section (1) of section 53BB;.
(d) other persons nominated by the Government from among the members of the General Council;
(e) the Secretary of the development authority, ex-officio.

(2) The Government shall fix the strength of the Executive Committee which shall not be less than five and more than ten excluding

S.53BD Power of Government to prescribe functions and powers of General Council and Executive Committee

Subject to the provisions of section 53BB and section 53BC, the General Council and the Executive Committee shall exercise such powers and perform such functions of the development authority as may be prescribed;

S.53C Appointment of Secretary

(1) The Government shall appoint an officer of the Government not below the rank of a Class I Officer as the Secretary of the development authority, who shall exercise such powers and perform such duties as may be prescribed or delegated to him by the development authority.

(2) The conditions of service of the Secretary shall be such as may be prescribed.

S.53D Power to borrow

(1) The development authority may borrow money by way of loans or debentures from such sources and on such terms and conditions as may be approved by the Government.

(2) The development authority shall maintain a sinking fund for the repayment of moneys borrowed under sub-section (1), and shall pay every year into the sinking fund such sum as may be sufficient for repayment within the period fixed of all moneys so borrowed.

(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.

S.53E Application of Act to development authorities

When a development authority has been duly constituted, the provisions of Chapters I to VIII of this Act shall, within the area for which it is constituted, apply in full [as though the words 'Executive Committee of the development authority'] were substituted for the words "municipal council" and the words "Chairman of the development authority" were substituted for the words "Chairman of the council" or the word "Chairman" subject to such conditions and limitations as may be specified in the notification under section 53A constituting such authority.

S.53F Application of certain provisions to development authority

The provisions of sections 46, 47, 48, 50, 51, 52 and 53 shall, in so far as they are not inconsistent with the provisions of this Chapter, apply in respect of the development authority [as though the words "Executive Committee of the development authority"], "Chairman of the development authority" and "Secretary of the development authority" were substituted for the word "trust" and the words "Chairman of the trust" and "executive trustee" respectively and the words ["member of the Executive Committee of the development authority"] were substituted for the word "trustee".

S.53G Power to purchase land

The development authority may enter into agreement with any person for the purchase of any land for the purposes of any town planning scheme, provided that the value of the land shall not exceed the value fixed by the District Collector.

S.53H Section 53H

The General Council of the development authority and the Executive Committee of the development authority may, with the previous sanction of the Government, delegate any of their powers under this Act to the Chairman of the development authority or the Secretary or any other officer of the authority.

S.53I Transfer of staff, assets and liabilities to development authority

(1) Every officer or other employee of a trust created for any area under section 44, in the employment of that trust immediately before the constitution of a development authority for that area, shall, in so far as such employee is employed in connection with the affairs of the trust, become, as from such constitution, an officer or other employee, as the case may be, of that development authority and shall hold his office by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity and other matters as he would have held under the trust if that development authority had not been constituted and shall continue to do so unless and until his employment under the development authority is terminated or until his remuneration, terms and conditions are duly altered by the development authority.

(2) The Government may by notification in the Gazette transfer the assets and liabilities of the t

S.54 Transfer of proceedings from one authority to another

(1) Our Government may, by notification and from a date to be specified in such notification, transfer the proceedings commenced under this [Act] in respect of any land by any authority having jurisdiction to any other authority having jurisdiction over such land.

(2) Before issuing a notification under sub-section (1) Our Government shall communicate to the authorities affected the grounds on which they propose to make the transfer, fix a reasonable period for them to show cause against the proposal and consider their objections, if any.

(3) The authority to whom a transfer of proceedings is made under sub-section (1) may continue such proceedings from the stage which they had reached on the date specified in the notification.

(4) When making a transfer of proceedings under sub-section (1) Our Government may direct the authority to whom the transfer is made to reimburse the authority from whom the transfer is made the net expenditure which the last mentioned a