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S.1 Short title, application and commencement

(1) This Act may be called the Madras City Improvement Trust Act, 1960.

(2) It applies to the City of Madras, but the State Government shall have power, subject to the provisions of section 143, by notification in the Fort St. George Gazette and from such date as may be specified therein, to apply all or any of the provisions of this Act to any specified area in the neighbourhood of the said City.

(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) 'betterment fee' means the fee declared to be payable upper section 80 in respect of an increase in the value of land resulting from the execution of an improvement scheme;
• (2) 'Board' means the Board of Trustees for the Improvement of the City of Madras, constituted under section 3;
• (3) ' Chairman' means the Chairman of the Board;
• (4) 'Corporation' means the Corporation of Madras constituted under the Madras City Municipal Act, 1919 (Madras Act IV of 1919);
• (5) ' Government' means the State Government;
• (6) 'land' has the same meaning as in clause (a) of section 3 of the Land Acquisition Act, 1894 (Central Act I of 1894);
• (7) 'notification' means a notification published in the Fort St. George Gazette;
• (8) ' prescribed ' means prescribed by rules made under this Act;
• (9) ' Secretary to the Board ' means the person for t
  

S.3 Creation and incorporation of Board

The duty of carrying out the provisions of this Act, shall, subject to the restrictions, conditions and limitations therein contained, be vested in a Board to be called "The Board of Trustees for the Improvement of the City of Madras"; and such Board shall be a body corporate and have perpetual succession and a common seal, and shall by the said name sue and be sued.

S.4 Constitution of the Board

The Board shall consist of ten Trustees, as follows:--

• (a) a Chairman with such qualifications as may be prescribed who shall be appointed by the Government;
• (b) the Collector of Madras, ex-officio;
• (c) the Commissioner of the Corporation of Madras, ex-officio;
• (d) the Director of Town-Planning, ex-officio;
• (e) the Director of Public Health, ex-officio;
• (f) two members of the Council of the Corporation of Madras, elected by the Council;
• (g) three persons appointed by the Government.

S.5 Appointment and election of Trustees to be notified

The appointment or election of the Chairman and the other trustees shall be notified in the Fort St. George, Gazette.

S.6 Appointment in default of election

If the Council of the Corporation of Madras does not, within such time as may be prescribed by the Government, elect one or both of the Trustees referred to in clause (f) of section 4, the Government shall, by notification, appoint a member or two members, as the case may be, of the said Council to be a Trustee or Trustees; and every member so appointed shall be deemed to be a Trustee duly elected by the said Council.

S.7 Disqualifications for election or appointment as Trusted

(1) A person shall be disqualified for election or appoint-ment as a Trustee, if he--

• (a) has been sentenced by a criminal court to transportation or to imprisonment for a period of more than six months, such sentence not having been reversed or the offence pardoned:

Provided that the Government may direct that such sentence shall not operate as a disqualification;

• (b) is an applicant to be adjudicated a bankrupt or insolvent, or is an un certificated bankrupt or undischarged insolvent;
• (c) holds any office or place of profit under the Board;
• (d) has, directly or indirectly, by himself or by any partner, employer or employee, any share or interest in any contract or employment with, by, or on behalf of the Board; or
• (e) is a director, or a secretary, manager or other salaried officer of any incorporated company which has any share or interest in any contract or employment with, by, or on behalf of, the Board.

(2)

S.8 Chairman to be whole-time officer

The Chairman shall be a whole-time officer of the Board and shall not undertake any work unconnected with his office without the sanction of the Government.

S.9 Remuneration of the Chairman

The Chairman shall be paid such salary and allowances as may be fixed by the Government.

S.10 Leave of absence for the Chairman

(1) The Government may grant leave of absence to the Chairman for such period as they think fit.

(2) The allowance, if any, to be paid to the Chairman while absent on leave shall be such amount not exceeding his salary, as may be fixed by the Government:

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

S.11 Appointment, etc, of Acting Chairman

(1) (a) When the Chairman is granted leave of absence or when the post of Chairman falls vacant either by the resignation or death of the Chairman or otherwise, the Government may appoint a person to act as Chairman.

(b) A person so appointed shall be entitled to hold office as Chairman only for such period as may be fixed by the Government.

(c) The Government may, from time to time, extend the period fixed under clause (b).

(2) Any person so appointed--

• (a) shall be paid such salary and allowances as may be fixed by the Government; and
• (b) shall exercise the powers conferred, and perform the duties imposed, by or under this Act on the Chairman, and shall be subject to the same liabilities, restrictions and conditions as the Chairman.

S.12 Leave of absence to other Trustees

The Board may permit any Trustee, other than the Chairman or an ex-officio Trustee, to absent himself from meetings of the Board for any period not exceeding such limit (which shall not be less than four consecutive months) as may be prescribed by the Government.

S.13 Removal of Chairman and other Trustees

(1) If at any time it appears to the Government that the Chairman has shown himself to be unsuitable for his office, or has been guilty of any misconduct or neglect which renders his removal expedient, they may, by notification, remove the Chairman from office.

(2) The Government may, by notification, remove any Trustee (other than the Chairman or an ex-officio Trustee) from office--

• (a) if, in the opinion of the Government, he has contravened the provisions of section 21, or
• (b) if he has, without the permission of the Board, been absent from the meetings of the Board for any period exceeding three consecutive months, or
• (c) if he has been absent from the meetings of the Board for any period exceeding the limit prescribed under section 12, or
• (d) if he is a salaried servant of the Government and his continuance in office as a Trustee is, in the opinion of the Government, undesirable, or
• (e) if he, being a legal practitioner,
  

S.14 Filling of casual vacancies in certain cases

If any Trustee, other than an ex-officio Trustee, is permitted by the Board to absent himself from its meetings for any period exceeding three months, or if any such Trustee dies, or resigns his office, or is removed from office under section 13, the vacancy shall be filled within two months by a fresh appointment or election, as the case may be.

S.15 Term of office of Chairman and other Trustees

(1) Subject to the provisions of sections 11 and 13, the term of office of Trustees including the Chairman but not including the ex-officio Trustees shall be as follows:--

• (a) the Chairman--such period as may be fixed by the Government not being less than three years and commencing on the date on which his appointment is notified;
• (b) a Trustee appointed or elected in pursuance of section 14 in the place of a Trustee who has been permitted to absent himself from meetings of the Board--the period of the absence of the latter Trustee;
• (c) other Trustees--three years commencing on the date on which their election or appointment as the case may be, is notified.

(2) A Trustee shall, if not disqualified for any of the reasons mentioned in section 7, be eligible for re-appointment or re-election at the end of his term of office.

S.16 Meetings of Board

The Board shall meet, and shall from time to time make such arrangements with respect to the place, day, hour, notice, management and adjournment of its meetings 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 other Trustees, call a special meeting;
• (c) the Chairman shall attend every meeting of the Board unless absent on leave or prevented by sickness or other reasonable cause;
• (d) no business shall be transacted at any meeting unless there be present at least one-half of the number of the Trustees then in office;
• (e) every meeting shall be presided over by the Chairman and in his absence by a Trustee chosen by the meeting to preside for the occasion;
• (f) all questions at any meeting shall be decided by a majority of the Trustees presen
  

S.17 Power of Board to co-opt members for particular purposes

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

(2) A person so associated shall not be deemed to be a member of the Board and shall have no right to vote at any meeting thereof, but he may take part in the discussions of the Board relating to the purpose or purposes for which he was associated with the Board.

S.18 Constitution and functions of Committees

(1) The Board 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 Board under section 17,
• (iii) other persons whose assistance or advice the Board may desire as members of Committees:

Provided that no Committee shall consist of less than three persons.

(2) The Board may--

• (a) refer to any such Committee, for inquiry and report, any matter relating to any of the purposes of this Act, and
• (b) delegate to any such Committee, by specific resolution and subject to any rules made in this behalf, any of the powers or duties of the Board.

(3) The Board 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 given to it by the B

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, and shall, upon the written request of not less than two members thereof, call a special meeting of such Committee.

(2) Every meeting of a Committee shall be presided over by the Chairman if he is a member of the Committee, and, if he is not a member or is absent from the meeting, by a member chosen by the meeting to preside for the occasion.

(3) No business shall be transacted at any meeting of a Committee unless there be present at least one-half of the number of the members constituting the Committee.

(4) All questions at any meeting of a Committee shall be decided by a majority of the members present and voting at the meeting, and in every case of equality of votes the person presiding shall have and exercise a second or casting vote.

S.20 Trustees (other than Chairman), and associated members of Board or Committee not to receive any fee for attendance at meetings

(1) No Trustee (other than the Chairman), and no person associated with the Board under section 17 shall receive or be paid from the funds of the Board any fee or other remuneration for attending any meeting of the Board or of a Committee appointed under section 18.

(2) No person appointed as a member of a Committee under clause (iii) of section 18 (1) shall receive or be paid from the funds of the Board any fee or other remuneration for attending any meeting of such Committee.

S.21 Trustees and associated members of Board or Committee not to take part in proceedings in which they are personally interested

(1) A Trustee who--

• (a) has directly or indirectly, by himself or by any partner, employer or employee, any such share or interest as is described in sub-section (2) of section 7 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 proceeding of the Board or any Committee relating to such matter.

(2) If any Trustee or any person associated with the Board under section 17, or any other member of a Committee appointed under section 18, has, directly or indirectly, any beneficial interest in any land situated in an area comprised in any improvement scheme framed under this Act, or in an 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 proceeding at a meeting of the Board or any Committee relating to su
  

S.22 Power to make and perform contracts

The Board may enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act.

S.23 Execution of contracts and approval of estimates

(1) With respect to the making of such contracts, the following provisions shall apply, namely:--

• (a) every contract shall be made on behalf of the Board by the Chairman;
• (b) no contract for any purpose which, in accordance with any provision of this Act, the Chairman may not carry out without the sanction of any other authority or authorities shall be made by him unless such sanction has been given;
• (c) no contract involving an expenditure exceeding ten thousand but not exceeding fifty thousand rupees shall be made by the Chairman unless it has been sanctioned by the Board;
• (d) no contract involving an expenditure exceeding fifty thousand rupees shall be made by the Chairman unless it has been sanctioned both by the Board and by the Government;
• (e) every contract made by the Chairman involving an expenditure exceeding one thousand but not exceeding ten thousand rupees shall be reported to the Board within fifteen days after it has b
  

S.24 Further provisions as to execution of contracts

(1) Every contract made by the Chairman on behalf of the Board shall be entered into in such manner and form as would bind the Chairman if such contract were made on his own behalf, except that the common seal of the Board shall be used where necessary; and every such contract may in the like manner and form be varied or discharged.

(2) Every contract for the execution of any work, or the supply of any materials or goods, which involves an expenditure exceeding one thousand rupees, shall be in writing, and shall be sealed.

(3) The common seal of the Board shall remain in the custody of the Secretary to the Board, and shall not be affixed to any contract or other instrument except in the presence of a Trustee (other than the Chairman), who shall attach his signature to the contract or instrument in token that the same was sealed in his presence.

(4) The signature of the said Trustee shall be in addition to the signature of any witness to the execution of such co

S.25 Tenders

(1) At least seven days before entering into any contract for the execution of any work or the supply of any materials or goods which involves an expenditure exceeding five thousand rupees, the Chairman shall give notice by advertisement in local newspapers, inviting tenders for such contract.

(2) In every such case the Chairman shall place before the Board the specifications, conditions and estimates and all the tenders received, specifying the particular tender, if any, which he proposes to accept.

(3) In every case in which the acceptance of a tender would involve an expenditure exceeding fifty thousand rupees, the Board shall submit to the Government the specifications, conditions and estimates, and all the tenders received, specifying the particular tender, if any, the acceptance of which it proposes to sanction.

(4) Neither the Board nor the Government shall be bound to sanction the acceptance of any tender which has been made; but the Board, within the p

S.26 Security for due performance of contract

The Chairman shall take sufficient security for the due performance of every contract involving an expenditure exceeding three thousand rupees.

S.27 Supply of documents and information to the Government

(1) The Chairman shall forward to the Government a copy of the minutes of the proceedings of each meeting of the Board, within three days from the date of the meeting.

(2) The Chairman shall, if so directed by the Government, forward to them a copy of all papers which were laid before the Board for consideration at any meeting.

(3) The Government may require the Chairman to furnish them with--

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

S.28 Statement of strength and remuneration of staff

(1) The Board shall from time to time prepare and shall maintain, a statement showing--

• (a) the number, designations and grades of the officers and servants (other than employees who are paid by the day or whose pay is charged to temporary work) whom it considers it necessary and proper to employ for the purposes of this Act,
• (b) the amount and nature of the salary, fees and allowances to be paid to each such officer or servant, and
• (c) the contributions payable under section 141, in respect of each such officer or servant.

(2) All statements prepared under sub-section (1) shall, so far as they relate to posts the monthly salary or the maximum monthly salary of which exceeds five hundred rupees, be subject to the previous sanction of the Government.

S.29 Service rules

The Board shall with the previous sanction of the Government make rules--

• (a) fixing the amount and nature of the security to be furnished by any officer or servant of the Board from whom it may be deemed expedient to require security;
• (b) for regulating the grant of leave of absence, leave allowances and acting allowances to the officers and servants of the Board:

Provided that a servant of the Central or State Government employed as an officer or servant of the Board shall not be entitled to leave or leave allowances otherwise than as may be laid down in the conditions of his service under the Central or State Government relating to transfer to foreign service;

• (c) for establishing and maintaining a provident fund, for compelling all or any of the officers or servants of the Board (other than any servant of the Central or State Government in respect of whom a contribution is paid under section 141) to subscribe to the fund at such
  

S.30 Appointing authorities

(1) Subject to any rules made under section 29 and for the time being in force, the power of making appointments and promotions to posts in the service of the Board, of granting leave to officers and servants holding such posts, of censuring, fining; withholding promotion from, reducing, suspending, removing or dismissing such officers and servants for any breach of departmental rules or discipline, or for carelessness, unfitness, neglect of duty or other misconduct, and of discharging such officers and servants from the service of the Board for any other reason, shall be exercised by the undermentioned authorities:--

• (a) In the case of posts the monthly salary or the maximum monthly salary of which does not exceed two hundred and fifty rupees and officers and servants holding such posts--the Chairman.
• (b) In the case of posts the monthly salary or the maximum monthly salary of which exceeds two hundred and fifty but does not exceed five hundred rupees and off
  

S.31 Control by Chairman

The Chairman shall exercise supervision and control over the acts and proceedings of all officers and servants of the Board; and, subject to the foregoing sections, and subject also to such control and revision as may be prescribed, shall dispose of all questions relating to the service of the said officers and servants, and their salaries, allowances and privileges.

S.32 Delegation of certain of Chairman's functions

(1) The Chairman may, by general or special order in writing, delegate to any officer of the Board any of the Chairman's powers, duties or functions under this Act or any rule made thereunder, except those conferred or imposed upon or vested in him by sections 16, 19, 27, 107, 114, 116, 150 and 154:

Provided that--

• (a) the Chairman shall not delegate his power under section 23 to make on behalf of the Board any contract involving an expenditure exceeding three thousand rupees;
• (b) the Chairman shall not delegate his power under section 30 to make appointments to posts the monthly salary or the maximum monthly salary of which exceeds one hundred rupees;
• (c) the Chairman shall not delegate to any officer any of his powers under section 30 in respect of any employee of the Board, unless such employee was appointed by such officer or arty subordinate of such officer, by virtue of a delegation of the Chairman's power of appointment under that sectio
  

S.33 Power of Board to undertake works and incur expenditure for improvement, etc

The Board may, subject to the provisions of this Act, undertake any works and incur any expenditure for the improvement or development of any area to which this Act applies, and for the framing and execution of such improvement schemes as may be necessary from, time to time.

S.34 Matters to be provided for by improvement scheme

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 re-laying out of any land comprised in the scheme;
• (c) the re-distribution of sites belonging to owners of property comprised in the scheme;
• (d) the closure or demolition of dwellings or portions of dwellings unfit for human habitation;
• (e) the demolition of obstructive buildings or portions of buildings;
• (f) the construction and re-construction of buildings;
• (g) the sale, lease, or exchange of any property comprised in the scheme;
• (h) the construction and alteration of streets and back lanes, bridges, causeways and culverts;
• (i) the draining, water-supply and lighting of streets so constructed or altered;
• (j) the provision of open spaces for the benefit of any area compr
  

S.35 Types of improvement schemes

An improvement scheme shall be of one of the following types, or a combination of 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 accommodation scheme; and
• (h) a town-expansion scheme.

S.36 General improvement scheme

Whenever it appears to the Board--

• (a) that, in any area, any buildings used or intended or likely to be used as dwelling-places are unfit for human habitation, or
• (b) that danger to the health of the inhabitants of buildings in any area, or of buildings in the neighbourhood of such area is caused by--
• (i) the narrowness, closeness, or bad arrangement or 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 Board may pass a resolution to the effect that such area is an insanitary area, and that a general improvement scheme ought to be framed in respect of such area, and shall then proceed to frame such a scheme.

S.37 Rebuilding scheme

(1) Whenever it appears to the Board that any area is an insanitary area within, the meaning of the preceding section and that, having regard 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 rebuilding scheme, the Board-may pass a resolution to that effect, and shall then proceed to frame a scheme in accordance with the provisions of this section.

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

• (a) the reservation of streets, lanes and open spaces and the enlargement of existing streets, 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 streets 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, lanes and open spaces s
  

S.38 Re-housing scheme

The Board may frame schemes (herein called rehousing schemes) for the construction, maintenance and management of such and so many dwellings and shops as it may consider necessary 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 Government for sanction, under this Act.

S.39 Street scheme

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

• (a) providing building sites, or
• (b) remedying defective ventilation, or
• (c) creating new or improving existing means of communication and facilities for traffic, or
• (d) affording better facilities for conservancy,

it is expedient to lay out new streets or alter existing streets (including bridges, causeways and culverts) in any area, the Board may pass a resolution to that effect, and shall then proceed to frame a street scheme for such area.

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

• (a) the acquisition of any land which will, in the opinion of the Board, 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 Board or by persons authorized by the Board in that
  

S.40 Deferred street scheme

(1) Whenever the Board is of opinion that it is expedient for any of the purposes mentioned in section 39 to provide for the ultimate widening of any street by altering the existing alignments of such street to improved alignments to be prescribed by the Board, but that it is not expedient immediately to acquire all or any of the properties lying within the proposed improved alignments, the Board, if satisfied as to the sufficiency of its resources, may pass a resolution to that effect, and shall proceed to make a scheme to called a "deferred street scheme" prescribing an alignment on each side of the street.

(2) A deferred street scheme shall provide for--

• (a) the acquisition of the whole or any part of any property lying within the prescribed street alignments within the time-limit specified in the scheme which may be extended by the Government:

Provided that such time-limit including the extensions granted by the Government shall in no case exceed twe


S.41 Development scheme

(1) In regard to any area to which this Act applies, the Board 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 53, the street to which it refers shall be deemed to be a projected public street.

(3) No person shall, without the permission of the Board, erect, re-erect, add to, or alter any building or wall so as to make the same project into the street alignment or beyond the building line shown in any plan so adopted.

(4) If the Board 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, the Board shall pay reasonable compensation to such person for any damage su


S.42 Housing accommodation scheme

Whenever the Board is of opinion that it is expedient; and for the public advantage to provide housing accommodation for any class of persons in any area, the Board may frame a scheme, to be called a "Housing accommodation scheme".




S.43 Town expansion scheme

(1) Whenever the Board is of opinion that it is expedient and for the public advantage to control and provide for the future expansion or development of the City, the Board may frame a scheme to be called a "Town expansion scheme".

(2) Such scheme shall ordinarily be framed in respect of an area wholly without the limits of the City, but may, in special circumstances and with the previous sanction of the Government, be framed in respect of an area which lies wholly within, or partly within and partly without, the City:

Provided that the Government shall, before giving their sanction to any such scheme, satisfy themselves that a development scheme under section 41 in respect of the area would not be suitable.

(3) Such scheme shall specify the proposed lay-out of the area to be developed and the purposes for which particular portions thereof are to be utilized.

(4) The provisions of clause (a) of sub-section (2) of section 51 shall not apply to a town-expa


S.44 Official representation

(1) An improvement scheme may be framed by the Board on its own motion, or on an official representation by the Corporation.

(2) The official representation referred to in sub section (1) may be made by the Corporation--

• (a) on its own motion, or
• (b) on a written application by its Commissioner, or
• (c) in respect of any area comprised in any division of the City, on a written application signed by twenty-five or more residents of such division who are liable to pay property-tax under the Madras City Municipal Act, 1919 ( Madras Act IV of 1919).

(3) If the Corporation decides not to make an official representation on any application made to it under clause (b) or clause (c) of sub-section (2), it shall cause a copy of such application to be sent to the Board with a statement of the reasons for its decision.




S.45 Consideration of such representation

(1) The Board shall consider every official representation made under section 44 and, if satisfied as to the necessity for an improvement scheme on the lines recommended therein and as to the sufficiency of its resources for executing such a scheme, shall decide whether the scheme should be framed forthwith or not, and shall intimate its decision to the Corporation.

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

(3) If the Board fails, for a period of twelve months after the receipt of any official representation made under section 44, to intimate its decisions thereon to the Corporation, or if the Board intimates to 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 the Corporation, the Corpo


S.46 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 City as a whole;
• (b) the directions in which the expansion of the City appears likely to take place; and
• (c) the likelihood of improvement schemes being required for other parts of the City.



S.47 Preparation, publication and transmission of notice as to improvement schemes, and supply of documents to applicants

(1) When any improvement scheme has been framed, the Board shall prepare a notice stating that fact and specify--

• (a) the boundaries of the area comprised in the scheme, and
• (b) the places (including at least one place in the area comprised in the scheme) 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 of the land in regard to which it is proposed to recover a betterment fee, may be seen at reasonable hours.

(2) The Board shall--

• (a) cause the said notice to be published weekly for throe consecutive weeks in the Fort St. George Gazette and in local newspapers specifying the period within which objections will be received, and
• (b) send a copy of the notice to the Commissioner of the Corporation.

(3) The Chairman shall cause copies of all documents referred to in clause (b) of sub-section (1) to be delivered to any appl


S.48 Transmission to Board of representation by Corporation as to improvement scheme

The Commissioner of the Corporation to whom a copy of a notice has been sent under clause (b) of sub-section (2) of section 47 shall, within a period of ninety days from the receipt of the said copy, forward to the Board any representation which the Corporation may think fit to make with regard to the scheme.




S.49 Notice of proposed acquisition of land

(1) Within the thirty days following the day on which any notice is first published under section 47 in respect of any improvement scheme, the Board shall serve a notice on--

• (a) every person whose name appears in the assessment list of the Corporation or the municipality or local board 1 concerned as being primarily liable to pay property tax on any building or land which it is proposed to acquire in executing the scheme, or in regard to which the Board proposes to recover a betterment fee, and
• (b) the occupier (who need not be named) of each premises entered in the assessment list of the Corporation or the municipality or local board 1 concerned which the Board propose to acquire in executing the scheme.

(2) A copy of the notice shall also be affixed in each such premises.

(3) Such notice shall--

• (a) state that the Board proposes to acquire such land or to recover such betterment fee for the purpose of