MEGHALAYA TOWN AND COUNTRY PLANNING ACT, 1973

1973

An Act to provide for the development of the Towns and Country sides of the State of Meghalaya. Whereas it is expedient to provide for the Development of the towns and the country sides of the State of Meghalaya on sound planning principles with the object of securing proper sanitary conditions, to conserve and promote the public health, safety and general welfare of the peoples living therein.

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S.1 Short title, extent and commencement

(1) This Act may be called the Meghalaya Town and Country Planning Act, 1973.

(2) It shall extend to the whole of Meghalaya excluding the Autonomous Districts:

Provided that if any District Council desires that all or any of the provisions of this Act should apply to the Autonomous District concerned, a notification may be issued to that effect and this Act shall then extend to that Autonomous District subject to such exceptions or modifications as may be specified in the notification-.

S.2 Definitions

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

• (1) "Authority" shall mean the Local or Regional Authority appointed by the State Government for the purposes of administering the Act. Unless otherwise appointed by the State Government the Authority in the case of Municipal Areas shall be taken to mean the Municipal Board for the area constituted under the Assam Municipal Act, 1956 (as adapted by Meghalaya).
• (2) "Advisory Council" means that Town and Country Planning Advisory Council constituted under Section 3 of this Act.
• (3) "Betterment Fee" means the fee prescribed in respect of an increase in the value of land resulting from the execution of Development Scheme.
• (4) "Building" means any construction for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and include plinth walls, chimney, drainage works, fixed platforms, verandah balcony, cor
  

S.3 Constitution of the Town and Country Planning Advisory Council

1. Constitution of the Town and Country Planning Advisory Council. The State Government may constitute, by a notification in the official Gazette, the Council consisting of the following members to advise the Government on matters referred to it :--

Member	Role
(i) Minister-in-charge of Town and Country Planning	Chairman
(ii) Director of Town and Country Planning Department.	Secretary
(iii) Secretary, Town and Country Planning Department.	Member
(iv) Chief Engineer, Public Works Department (R & B) or his nominee.	Member
(v) Chief Engineer, Public Works Department (Flood Control) or his nominee.	Member
(vi) Public Health Engineer or his nominee	Member
(vii) Secretary, Local, self-Government or his nominee.	Member
(viii) Secretary, Fin

S.4 Resignation of non-official members

Any non-official members may at any time resign his office, provided that his resignation shall not take effect until accepted by the State Government,

S.5 Term of Office

The term of office of any non-official member shall ordinarily be three years':"

Provided that in case of the members representing the Legislature or Local Authorities, their terms of office shall terminate as soon as they cease to be members of such Legislature or Local Authority as the case may be.

S.6 Commencement of the term of Office of non-official members

1. The term of Office of non-official members shall commence on such date as may be notified in this behalf by the State Government.

2. A person ceasing to be member by reason of the expiry of his term of Office as described in section 5, shall be eligible for renomination or re-election.

S.7 Removal of non-official members

The State Government may remove from the Council any member who:--

• (a) refuses to act, or becomes incapable of acting or absent himself from three consecutive meeting of the Council and is unable to explain such absence to the satisfaction of the Council; or
• (b) has so flagrantly abused in any manner his position as a member of the Council as to tender his continuance detrimental to the public interest;

Provided that when the State Government, proposes to take action under the foregoing provisions of this section, an opportunity of explanation shall be given to the member concerned and when such action is taken, the reasons thereof shall be placed or recorded.

S.8 Filling of casual vacancies

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

(2) When the place of a member elected or co-opted becomes vacant, he shall be elected or co-opted by the Legislature or the Council as the case may be.

(3) The term of Office of a member nominated or elected or co-opted as the case may be under sub-section (1) and (2) shall be the reminder of the term of Office of the member in whose place he has been nominated or elected or co-opted.

S.8A Constitution of the Authority

(1) The State Government any by notification in the official Gazette constitute for the purpose of this Act, an authority to be called "The. Development Authority" (hereinafter referred to as the Authority) with jurisdiction over such areas as may be specified in the said notification :

Provided that if the State Government is of opinion that in the exigencies of public service it is necessary to do so it, may, instead of constituting the Authority, appoint an Administrator to exercise all the powers of the Development Authority under this Act.

The Administrator so appointed shall be deemed to be the Development Authority constituted under this Act and shall hold office during the pleasure of the Governor.

(2) The Authority shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of properties both movable and immovable and to enter into any agreement, and shall by the said name due and be sued.

S.8B Composition of the Authority

(1) The Authority shall consist of the following members, namely:

• (a) A Chairman to be appointed by the State Government
• (b) Engineer-in-Chief of the Authority to be appointed by the State Government ;
• (c) Town Planner Officer of the Authority to be appointed by the State Government ;
• (d) Finance Officer to be appointed by the State Government
• (e) Deputy Commissioner or Sub-divisional Officer, as the case may be ;
• (f) Chairman or Chairmen of the Local Authority or Authorities covered by the Master plan ;
• (g) One member representing Commerce and Industry (Private Sector) to be nominated by the State Government;
• (h) One member representing the Railways, to be nominated by the State Government;
• (i) One member representing Industry (Public Sector) to be nominated by the State Government ;
• (j) One Person each from the Local authorities covered by the Master Plan to be elected by the members at
  

S.8C Term of and conditions of service of the Chairman and member of the Authority

(1) The term of office and condition of service of the Chairman and members of the Authority shall be such as may be prescribed and they shall be entitled to receive such salaries and allowances as may be fixed by the State Government.

(2) The Chan man or any member may resign his membership of the Authority by giving" notice in writing to the State Government and on the resignation being accepted by the State Government he shall cease to be a member of the Authority.

(3) Any vacancy created by resignation or removal shall be filled by fresh appointment or nomination by the State Government or by elections as the ease may be.

S.8D functions and powers of the Authority

Subject to the provision of this Act rules and directions of the State Government the functions of the Authority shall be to promote and secure the development of the area according to the Master Plan and for that purpose it may carry out or cause to be carried out surveys of the area and to prepare report or reports of such surveys and to perform any other function which is supplemental incidental or consequential to any of the functions aforesaid or which may be prescribed.

S.8E Meeting of the Authority

(1) Each Authority shall meet once in a month at such time and place and shall subject to the provision of sub-Sections (2) and (3). observe such procedure in regard to the transaction of business at its meeting, as- may be prescribed by bye-laws to be framed under Section 74 of this Act.

(2) The Chairman, or in his absence any member chosen by the members from amongst themselves, shall preside at a particular meeting of the Authority.

(3) All questions of the meeting of the Authority shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the person presiding shall have a second casting vote.

(4) Nothing done by the "Authority in its meeting shall be held to be invalid because of any vacancy in the seats of the appointed nominated or (sic) the absence of any of the members for any reason

(5) Minutes shall be kept of the names of the members present and of the proceedings at each meeting in a

S.8EE Powers of Chairman

The Chairman shall for the transaction of the business connected with this Act or for the purpose of making any order authorised thereby, exercise all the powers vested by the Act in the Authority:

Provided that the Chairman shall not act in opposition to, or in contravention of any order of the Authority at a meeting or exercise any power which is directed to be exercised by the Authority at a meeting.

S.8F Temporary association of persons with the Authority for particular purposes

(1) The Authority may associate with itself in such manner and for such purposes as may be prescribed by rules with any person whose assistance or advice it may desire in performing any of its functions under this Act.

(2) Any person associated with it by the Authority under sub-Section (1) for any purpose shall have a right to take part in the discussion of the Authority relevant to that purpose but shall not have a right to vote at a meeting and shall not be a member for any other purpose.

S.8G Staff of the Authority

(1) Subject to such control and restriction as may be prescribed by rules, the Authority may appoint such number of Officers and employees as may be necessary for the efficient performance of its functions and may determine their designations and grades.

(2) The Officers and employees of the Authority shall be entitled to receive such salaries and allowances, if any, as may be fixed by the Authority and shall be governed by such terms and conditions of service as may be determined by rules and regulations made in this behalf.

S.9 Preparation of Master Plan

A Master Plan hereinafter referred to as "Plan" in this Act for the development of any area within the State which the State Government may consider necessary, shall be drawn up by the Director in consultation with the local authorities concerned and submitted to the State Government for examination and approval.

S.10 Publication of Master Plan

(1) On receiving the Plan and the Zoning regulation from the Director, the State Government shall have them, as soon as may be, published in the official Gazette, in some local newspapers and in the locality in the manner prescribed and deemed to be required for wide and sufficient publicity in the locality inviting public opinion and objection, if any, to be submitted within a period not more than two months.

(2) After considering all objections, suggestions and representations that may have been received, and after getting the advice of the Council, the State Government shall have the Plan finally prepared by the Direc(sic).

S.11 Contents of Master Plan and Zoning Regulations

The Master Plan to be prepared as defined under section 9 may include--

• (a) A general land use plan for residential, commercial, industrial, recreational and public and semi-public purposes ;
• (b) Zoning Plan ;
• (c) Transportation plan including roads, railways, canals, etc;
• (d) Public utilities plan ;
• (e) A report giving relevant data and information in respect of the proposals in the Plan and any other things which the State Government may deem necessary.

After adoption of the plan and Zoning Regulations they shall be sent by the State Government for implementation to the Authority constituted under Section 8-A

S.12 Implementation of the plan

After the adoption of the plan and the Regulations they shall be sent for implementation to the Authority as may be declared or constituted by the State Government in this behalf.

S.13 Restrictions of use of land and buildings thereon after publication

(1) The plan as adopted by the State Government shall be published as prescribed in Section 10, and after such publication no person shall use any land, sub-divide any land or set up any new structure on any land covered by the plan or change the existing structure of any building or used of any building or land within the area except with the permission of the Authority on a written application submitted for the purpose,

(2) Each such application shall be accompanied by a plan drawn to scale showing the actual dimension of the parcel of the land and the building to be build upon, it, the site and the position of the building to be erected and in case of alteration in the use of structure of the building or land, the nature and extent of such alteration.

(3) The Authority may also call for such other information as it may deem necessary to examine the application.

(4) The Authority shall not refuse the permission except on the ground of contravention of proposa

S.13A Prohibition of registration in certain cases

Where any deed or document required to be registered under the Indian Registration Act, 1908, purports to sub-divide any land covered by the plan, no registering officer shall register any such document unless the party presenting the deed or document for registration produces a' No Objection Certificate' from the Authority to the effect that the authority has no objection to the registration of such deed or document.

S.14 Power of the State Government to modify the plan and the Regulation

The State Government may review the plan and may modify the plan and the Zoning Regulations from time to time, in such manner and in such procedure as followed for the preparation and approval of the original Plan and the Zoning Regulations.

S.15 Preparation of development scheme

(1) After the commencement of this Act, the Authority may, by notification in the official Gazette, declare any area to be a scheme area and shall thereafter prepare a scheme. Where no Authority has bee a constituted, the State Government may, by notification in the official Gazette, declare any area to be a scheme area and the Director shall thereafter prepare a Scheme.

(2) Notwithstanding anything contained in Sub-Section (1). the State Government may, after making such enquiry as they may deem necessary by notification in the official Gazette direct any local Authority to prepare, publish and submit for their sanction before an appointed date a scheme under this section for an area specified in such notification.

(3) While preparing the scheme, the Authority, the Director or the local Authority, as the case may lie, shall issue a notice inviting names of all the claimants or any person interested in any land or building within the area under the scheme to be submit

S.16 Publication of the Development Scheme

(1) The Authority, the Director or the local Authority, as the case may be, shall have the scheme and the report and the names of all be claimants published in the manner prescribed under Sub-Section (1) of Section 10 and have a copy of them served on all persons who preferred claims under sub-Section (8) of Section 15, inviting objection to be filed within a period of not more than two months.

(2) After the expiry of the aforesaid period, the Authority the Director or the local Authority, as the case may be, shall examine the scheme in the light of such objection giving sufficient opportunity for hearing all such interested persons who have filed objections, and demanded a hearing in the manner prescribed, and shall approve or refuse to approve or approve with such modification as it may deem necessary, for the implementations of the scheme and for imposing for that purpose reasonable restrictions in the use of land and building within the area.

(3) After the Authori

S.17 Implementation of the Development Scheme

No person shall within any area where scheme has come into force, erect or proceed with any building or work or remove or alter or make additions or make any substantial repair to a building or a part of it, a compound wall or any drainage Work or remove any earth or change the use of land or building except on permission of the Authority on application submitted for the purpose Unless the permission has been refused within one month from the date of receipt of the application it shall be presumed that the permission has been given.

S.18 Scope of the Development Scheme

(1) A scheme may be made in accordance with the provisions of the Act in respect of any land which is--

• (a) in the course of development.
• (b) likely to be used for building purposes, or
• (c) already built upon.

Explanation.--The expression "Land likely to be used for building purposes" shall include any land likely to be used as, or for the purpose of providing open space, roads, streets, parks, pleasure or recreational grounds, parking spaces or for the purpose of executing any work upon or under the land incidental to a scheme, whether in the nature of a building work or not.

(2) Such scheme may make provisions for any of the following matters:

• (a) the laying out or re-laying of land either vacant or already build upon;
• (b) the filling up or reclamation of low--lying swamp or unhealthy areas or levelling up of land;
• (c) Jay out of new streets or roads, construction, diversion, extension, alteration,
  

S.19 Amendments and alterations of the development Scheme

(1) If after the final scheme has come into force, the Authority considers that the scheme is defective on account of an error or irregularity or for any other reason, it shall refer to the State Government to modify or withdraw the scheme and to publish the modified or withdrawn scheme in the manner prescribed in sub-section (1) of Section 10.

(2) The modification of the scheme shall state every amendment proposed to be made in the scheme and if any such amendment relates to matter specified in any or all of the Cls. (a) to (l) of Sub-section (2) of Section 18, the modification shall also contain such other particulars as may be found necessary by the Authority.

(3) The variation shall be opened to inspection by the public at the Office of the Local Body or Bodies as prescribed covering the area during office hours.

(4) Within one month of the date of publication of the modification any person affected thereby may communicate in writing his objection to the Au

S.20 Power to revoke the Development Scheme

(1) Notwithstanding anything contained in Section 19 a scheme may at any time be modified or revoked by a subsequent scheme made, published and sanctioned in accordance with this Act.

(2) The State Government, at its own initiative or on the application of the Authority may at any time, by a notification in the official Gazette revoke a scheme, if it is satisfied that under the special circumstances of the case the scheme shall be so revoked :

Provided that where revocation or modification is ordered by Government after people have partially or wholly implemented a scheme, compensation should be paid for the necessary alterations in the manner prescribed.

S.21 Power of the Authority to impose restriction

For the purpose the Master Plan the Land use and Zoning Regulation and the Scheme, the Authority may impose reasonable restrictions on the use of the land and buildings including the regulating of the open space to be maintained around the building or buildings, the percentage of the plot area to be covered by building or buildings, the number of building or buildings on each plot, height and character of building or buildings allowed in specified areas, the purpose for which building or buildings of the specified areas may or may not be used, the sub-divisions of plots parking space and loading and unloading space for any building and the sizes of projections and such other matters not inconsistent with the object of this act.

S.22 Width of public streets

(1) The Authority shall, from time to time with the sanction of the State Government specify the minimum width for different cases of public streets according to the nature of the traffic likely to be carried there, the localities in which they are situated, the height up to which buildings abutting thereon may be erected and other similar considerations.

(2) The width of a new public street shall not be less than that prescribed in sub-section (1), or that shown on the Master Plan for the class to which it belongs in areas for which a Master plan has bees prepared.

S.23 Power to prescribe street lines

The Authority may prescribe a line on one of both sides of any public street provided a public notice of the proposal has been issued by the Authority in the prescribed manner. No person shall construct or reconstruct any portion of any prescribed new street lien.

S.24 Setting back buildings to the prescribed street line

(1) If any building or any part of a building abutting on a public street is within such line of the street, the Authority may require such building to be set back to the prescribed line, whenever it is proposed:--

• (a) to re-build such building or to take down such building;
• (b) to remove, reconstruct or make any addition to or structural alteration in any portion of such building which is within the regular line of the street.

(2) When any building or any part thereof within the prescribed line of the street falls- down or is burnt down or is taken down, under the provisions of this Act or otherwise, the Authority may at once take possession of the portion of land within the prescribed line of the street previously occupied by the said building and if necessary, clear the same.

(3) Land acquired under the foregoing sub-sections shall, henceforward be deemed to be a part of the public street.

S.25 Acquisition of land within the line of street

If any private land whether open or enclosed lies, within prescribed line of a public street and is not occupied by a building or, if a platform, verandah, steps, compound wall, hedge, or fence or other structure, is within the line of such street the Authority may after giving the owner of the land or building a notice of the intention to do so take possession of the said land with its enclosing wall, hedge or fence, if any, or of the said platform verandah, steps, or such other structure as aforesaid of the portion of the said platform, verandah, steps, or other such structure as a foresaid is within the prescribed line of the street,

S.26 Acquisition of the remaining part of building and land after their portions within a prescribed line of the street are acquired

If a building or land is partly within the prescribed line of a public street and if the Authority is satisfied that the land remaining after the exclusion of the portion within the said line will not be suitable or fit for construction of independent building the Authority shall acquire the remaining portion of the land, if so desired by the owner.

S.27 Sub-division of private land

(1) Every person who intends to sub-divide any plot of land within the Master Plan Area shall give notice in writing to the Authority of his said intention and such notice shall be accompanied by the Plans and statement in triplicate.

(2) All plans for sub-division of land shall be in accordance with the standard prescribed by the State Government.

S.28 Plans accompanying notice

A layout plan drawn to a suitable scale and containing the following information shall accompany the notice given under Section 27;

• (a) The location of the land,
• (b) The boundaries of the proposed land shown on the map, and sufficient description to define the same.
• (c) Name and address of the owner of the land,
• (d) Location, name and present widths of the adjacent road and lanes;
• (e) The major physical characteristics of the land proposed to be sub-divided, including topography the approximate location and widths of any water course and location of any areas subject to inundation or flood ;
• (f) The complete layout of the proposed sub-division showing the location and widths of all the proposed streets, dimensions and uses of all the plots;
• (g) The locations of all drains, sewers and other utilities;
• (h) Building lines permissible ;
• (i) Scale and north line;
• (j) Key plan.

S.29 Sanction with or without modification or refusal

(1) The Authority may either grant or refuse the approval to the plans or may approve them with such modification as it may deem fit and thereupon shall communicate its decision to the person giving the notice within three months from the date of the notice.

(2) No person shall be allowed to construct a building on any plot of land, the sub-division of which has not been previously approved by the Authority.

S.30 Layout not according to plan

Should the Authority determine at any stage that the layout or the construction is not proceeding according to the sanctioned plan of is in violation of any provisions of his Act, it shall serve a notice on the applicant requiring him to stay further execution until correction has been effected in accordance with the approved plan.

S.31 Penalty for violation

The Authority will have the power to impose fine not exceeding Rs. 250 on any person, firm or corporation who violates, disobeys, refuses to comply with, or who resists the enforcement of any of the provisions of this Act. Constitution of the violation shall constitute a separate offence for which a fine of Rs. 50 per day may be imposed for the days alter the first conviction. An appeal shall lie to the Appellate Authority constituted under this Act.

S.32 Power of State Government to acquire land

Where on the representation of the Authority it appears to the State Government that in order to enable it to execute the scheme it is necessary that the land within adjoining or surrounded by any such area should be acquired, the State Government may in consultation with the council acquire the land by publishing in the official Gazette a notice to the effect that the State Government has decided to acquire the land in pursuance of this Section.

S.33 Proceeding for acquisition of land

(1) The provision of the Land Acquisition Act, 1894 (Central Act No. 1 of 1894) shad be applicable for acquisition of land under this Act and the compensation shall be computed under the provisions of the same Act.

(2) In computing compensation for land acquired, the value will be the market value as prevailed on the 1st of January 1957.

(3) The owner of the lands will also be entitled to the reasonable cost of development, if any made during the period.

(4) Twenty five per cent increase in value on the date of acquisition of the land.

S.34 Disposing of land

Subject to the rules made under this Act the Authority may retain lease, exchange or otherwise transfer, any land acquired by it under this Act :

Provided that in case of lease or transfer the owner will get first priority, if due to acquisition he becomes landless."

S.35 Provisions of private negotiations before compulsory acquisition

(1) The Authority may, in the first instance make reasonable efforts to purchase any land by private negotiation.

(2) In case of failure to purchase the land by private negotiation within a specified time, the said land shall be compulsorily acquired

(3) Nothing in this section shall, however, debar the State Government or a local authority from compulsorily acquiring any land with out prior private negotiation.

S.36 Payment to owner by adjustment

All payment due to be made to any person by the Authority, under this Act shall, so far as possible, be made by an adjustment in respect of the plot concerned or of any other plot in which he has an interest and failing such adjustment shall be paid in cash or in such other way as may be (sic) upon the parties.

S.37 Right to compensation

Any person whose property is injuriously affected in value by the making of a scheme, shall if he makes a claim for the purpose within a period of three months after the date of publication of a notification sanctioning the scheme under Section 16, be entitled to obtain compensation in respect thereof from the Authority.

S.38 No right to compensation

A person shall not be entitled to obtain compensation under the foregoing section on account of any building-erected on or contract made or other thing done with respect to any land within the area included in a scheme after the date of the notification of the scheme under Section 15.

Provided that this provision shall not apply to any building erected, contract made, other thing done in accordance with the permission granted under Sections 13 and 17 of this Act.

S.39 Power of Government to exclude compensation to certain cases

(1) No compensation shall be payable in respect of any property which may be injuriously affected by putting into operation of any provision of the scheme which--

• (a) prescribes the space about building ; or
• (b) limits the number of buildings ; or
• (c) regulates the size, height, design or external appearance of building ; or
• (d) prohibits or restrict building operations permanently or temporarily on the ground that erection of building thereon will be likely to be injurious to the health of the occupants or the neighbours or likely to cause excessive expenditure of public money in making provisions for roads, sewers, water supply or other public services ; or
• (e) prohibits or restrict the use of land or a building for a purpose which may involve danger or injury to public hygiene or the health of the occupants or their neighbours or for a purpose which is against the public policy or public morals ; or
• (f) in the interests o
  

S.40 Right of owners to require Authority to acquire or purchase land

(1) The owner of any land which is to be acquired, for purpose of a scheme may, at any time after the sanction of the scheme by the Government, by a written notice to the Authority in the prescribed manner, call upon it to acquire or purchase the land in so far as the land is to be acquired by the State Government or the Authority.

(2) If within six months of the service of the notice under sub-section (1) the land is not purchased or acquisition proceeding are not started, the scheme in so far as that land is concerned, shall be deemed to have been withdrawn and all notice and orders in that connection shall lapse.

S.41 Levy of betterment fee

(1) Every property which has increased in value due to its inclusion within an area under a plan or a scheme or due to the execution of such scheme shall be changed with a betterment fee:

Provided that no such fee shall be levied on such public land or building as are used for charitable, religious and educational purpose or for places of non professional entertainment and recreation.

(2) The betterment fee shall be an amount equal to twenty per cent in case of residential holdings so long as the original owners use for their residences and equal to fifty percent in case of non-residential areas and will be realised in five equal instalment.

Explanation. The increase in value for the purpose of this section shall be the increase in the market prices in between the date on which a notification under sub-section (1) of Section 15 has been issued and the date on which the execution of the scheme has been substantially completed.

S.42 Appeal

(1) Any person aggrieved by the decision of the Authority with respect to matters of compensation and betterment fee, may appeal to the Appellate Authority within thirty days of the award.

(2) If the owner of any property objects to the amount of betterment fee determined by the Authority on any ground he shall also state the amount which, he contends would be correct and may within thirty days of the date on which the determination of his objection of appeal becomes final by written notice, require the Authority to acquire the property together with any building or other works that may exist thereon.

(3) The Authority shall thereupon acquire the property.

S.43 Appointment of Appellate Authority

(1) Save as otherwise provided the State-Government shall appoint an Appellate Authority to hear all appeals arising out of the provision of this Act. The decision of Appellate Authority shall be final,

(2) The person or persons appointed by the State Government as Appellate Authority shall have the qualification of a District Judges or of becoming a member of the Meghalaya Board of Revenue under the Meghalaya Board of Revenue Act. The appointment shall be on such terms and conditions as the State Government may decide.

S.44 Duties of the Appellate Authority

(1) The duties and power of the Appellate Authority shall be as follows:

• (a) to hear and decide appeals against the orders of the Authority.
• (b) to decide and hear appeals in respect of such other matters and exercise such other powers as may be entrusted to and conferred upon it by the State Government in accordance with the provisions of this Act.

(2) All appeals to the Appellate Authority shall be filed within a mouth from the date of the order appealed against The time required for taking out copies of the order shall be exclude. The Appellate Authority may, however, in its discretion condone such delay in filing appeal for sufficient reasons.

S.45 Procedure of working of the Appellate Authority

(1) The Appellate Authority shall conduct its proceeding in the prescribed manner after giving the opposite party or any one interested in the order appealed against in opportunity of being heard.

(2) The Appellate Authority may, at any time call for any extract from any proceeding of the State Government or Authority and call for any return or statement or report concerning or connected with any matter with which the Authority has been authorised to deal.

(3) The Appellate Authority shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses/including the parties interested or any of them and compelling the production of documents and material objection if considered necessary.

(4) The Appellate Authority in its discretion may make any order regarding the costs to be paid by any of the parties to the proceedings and the Appellate Authority shall have full powers to determine by whom or out

S.46 Right to appear be recognised agent

Every party to any proceeding before the Appellate Authority shall be entitled to appear either in person or by his recognised agent.

S.47 Protection of action taken under this Act

(1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.

(2) Save as otherwise expressly provided in this Act no suit or other legal proceeding shall lie against the State ...Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any order made thereunder,

S.48 Development Fund

The receipt of Authority under this Act shall form a separate development fond and all expenditure under this Act, or any development scheme thereunder, shall be defrayed out of such fund. No portion of the fund shall, except with the sanction of Government, be expended for purposes not provided for by this Act.

S.49 Power to borrow

Authority as defined in this Act shall be deemed to be a local authority as defined in the Local Authority Loans Act., 1914 (Central Act IX of 1914) for purpose of borrowing money under that Act and the making and execution of a plan and scheme shall be deemed to be a work which such local authority, is legally authorised to carry out.

S.50 Grants advance and loans

The Government may make such grants advances, and loans to the Authority as the Government; may deem necessary for performance of functions of the Authority under this Act to issue all grants.

S.51 Penalty for breach of the provisions of the Master Plan or Scheme

(1) When a Master Plan or a Scheme has been sanctioned under this Act any person who commits or knowingly permits a breach of any specified provisions of the Master Plan or of the schemes or who neglects or fails to comply with any such provisions shall be punishable under this Section.

(2) In case of any such breach or default the Authority shall send to any such person a notice calling on him to discontinue the breach or cause it to be discontinued or to comply with such provision of the Master Plan or the Scheme within a time to be specified in the notice.

(3) If after such time any such person under sub-Section (1) continues to neglect or cause a breach of any specified provision such person shall be prosecuted and on conviction by a Magistrate be punishable by any or all of the following;

• (i) with fine which may extend to Rs.500 with or without simple imprisonment not exceeding a period of two months ;
• (ii) if the breach, neglect or failure
  

S.52 Power to execute works on failure to comply with notice

If a notice has been given under this Act to a person requiring him to execute a work in respect of any property, movable or immovable, or to provide or do or refrain from doing anything within a time specified in the notice and if such person fails to comply with such notice, then the Authority may cause such work to be executed or such thing to be provided or done, and may recover all expenses incurred by it on such account from the said person as an arrear of land revenue.

S.53 Right of occupier to execute works in default or owner

When default is made by the owner of a building or land in the execution of any work required under this Act to be executed by him, the occupier of such building or land may, with the prior approval of the Authority cause such works to be executed and the expense thereof shall, in the absence of any contract to the contrary, be paid to him by the owner, or the amount may be deducted out of the rent from time to time becoming due from him to such owner.

S.54 Procedure upon opposition to execution by occupier

(1) If after receiving information of the intention of the owner of any building of land to take any action in respect thereof in compliance with a notice issued under this Act, the occupier refuses to allow such owner (sic) the owner may apply to a District Magistrate or Sub-(sic).

(2) The District Magistrate or Sub-divisional Officer upon proof of such refusal may make an order in requiring the occupier to allow the owner to execute all Such works, with respect to such building or land, as may be necessary for compliance with the notice, and may also, if he thinks fit, order the occupier to pay to owner the costs relating to such application, or order.

(3) If after the expiry of eight days from the date of the Magistrate's order the occupier continues to refuse to allow the owner to execute such works, the occupier shall be liable, Upon conviction, to a file which may extend to Rs. 30 for every day during which he has so continued to refuse.

(4) Every owners

S.55 Recovery of cost of work by the occupier

When the occupier of a building or land in compliance with a notice issued under this Act, executed a work for which the owner of such building or land is responsible, either in pursuance of the contract of tenancy or by law, he shall, in the absence of any contract of the contrary, be entitled to recover from the owner by deduction from the rent pay able by him or otherwise the reasonable cost of such work.

S.56 Penalty for obstructing contractor or removing mark

If any person-

• (a) obstruct or assaults any person with whom the Authority has entered into a contract for the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act; or
• (b) removes any mark set up for the purpose of indicating any level of direction necessary to the execution of works authorised under this Act.

he shall be publishable with fine which may extend to Rs. 500 or with or without simple Imprisonment for a term which may extend to two months.

S.57 Officer under the Act to be public servants

Every officer and servants of Authority and every other officer employed by the State Government for the purpose of this Act, shall be deemed to be a public servant within the meaning of 5.21 of the Indian Penal Code (Central Act No. 45 of 1860).

S.58 Authority for prosecution

Unless otherwise expressly provided no court shall take cognigance of any offence punishable under this Act, except on the complaint of, or upon information received from, the Authority of some person authorised by the Authority by orders in this behalf.

S.59 Power of Authority to institute proceedings, etc. and take legal advice

The Authority shall subject to rules framed under the Act have powers to--

• (a) institute, defend or withdraw from legal proceeding under this Act;
• (b) compound any offence against this Act, before the matter is referred, to the court;
• (d) obtain such legal advice and assistance as it may from time to time think necessary or expedient to obtain for any of the purpose, referred to in the foregoing clause of this section for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the Authority or any officer or servant of the Authority.

S.60 Power of recover dues as an arrear of land revenue

A sum recoverable by the Authority under this Act, if not paid on demand shall be recoverable as an arrear of land revenue

S.61 Punishment for malicious abuse of powers

Any officer or servant of the Authority or of the Government who willfully or negligently abuses any power conferred on him by of under this Act, shall be punishable with imprisonment which may extend to six months or with fine which may extend to Rs. 500 or with both, provided that no prosecution shall be instituted under this section--

• (a) unless the previous sanction of the Stale Government has, been obtained, until the expiry of two months' notice in writing has been given to the person concerned clearly stating the cause of action and the nature of relis of sought etc.

S.62 Registration of documents., plans or maps In connection with schemes

(1) Nothing in the Indian Registration, Act, 190 (Central Act No. XVI of 1908) shall be deemed to require the registration of a document plan of man prepares made or sanctional in connection

(2) All such documents, plans and maps relating to the sanction scheme shall, for the purpose of Section 48 and 49 of the Indian Registration Act, 1903 Central Act No. XVI of 1908) shall by deemed to have been and to be registered in accordance with provision of that Acts:

Provided that documents, plans and maps relating to the scheme shall be accessible to the public, free of charge in the manner prescribed.

S.63 Orders under the Act not fee questioned in any court

No order made in exercise of any power conferred by or under this Act, shall be called in question in any court except as provided in the Act.

S.64 Effect of orders inconsistent with other enactment

Any orders made under this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.

S.65 Service of notice

Every notice issued under this Act shall be served as prescribed by rules.

S.66 Method of giving public notice

Subject to the provisions of this Act, every public notice required under this Act shall be deemed to have been given if it published in some local newspaper (if any) or a paper of general circulation in the area and posted upon a notice board to be exhibited for public information at the building in which the meetings of the Local Authority are ordinarily held or by publishing it in the official Gazette.

S.67 Formal defects in assessments and demands

No assessment list or other list, notice or other such document specifying, or purporting to specify with reference to any charge, or fee, any person's property, thing or circumstances shall be invalid only by reason of a clerical or technical mistake in the name, residence, place of business or occupation of the person or in the description of property, thing or circumstances and it shall be sufficient if the person, property, thing or circumstances is described sufficiently for the purpose of identification, and shall not be necessary to name the owner or occupier of any property liable in respect of the charge.

S.68 Powers and duties of police in respect of offences and assistance to Authorities

Every police officer, mauzadar or officer of the Local Authority shall give immediate information to the Authority of an offence coming to his knowledge which has been committed under this Act, or against any rule made under this Act and shall be bound to assist all members, officers and servants of the Authority in the exercise of their lawful authority.

S.69 Decision of disputes between Authorities

Should a dispute arise between the Authority and any other Local Authority on any matter in which they are jointly interested, such dispute shall be referred to the State Government, whose decision shall be final.

S.70 power to enter in to land for inspection etc

For the purpose of making or execution of any scheme, the Authority or person appointed by the State Government, their subordinates and contractors may enter into or upon any land, in order-

• (a) to make any inspection, survey, measure valuation or enquiry ;
• (b) to take level;
• (c) to dig or bore into the sub-soil ;
• (d) to set out boundaries and intended lines of work,
• (e) to mark levels, boundaries and lines by marks and cutting trenches ;or
• (f) to do any other thing, whenever it is necessary to do so, for any of the purposes of this Act or any rule made or scheme sanctioned hereunder or any Scheme which the authority intends to frame hereunder;

Provided as follows:

• (a) except when it is otherwise specially provided by a rule on such entry shall be made between sunset and sunrise;
• (b) except when it is otherwise specially provided by the rules, no building which is used as a human dwelling
  

S.71 Mode of proof of the records of the Authority

A copy of receipt application, plan, notice, order, entry in a register, or other document in the possession of the Authority shall, if duly certified by the lawful keeper thereof or other person authorised by the Authority in this behalf be received as prima facie evidence of the entry or document and shall be admitted as evidence of the matters and transaction therein recorded in every case where, and to the same extent as, the original entry or document would, if produce, have been admissible to prove such matters.

S.72 Power of Authority to make agreements

The Authority shall be competent to make any agreement with any person in respect of any matter, which is to be provided for in a scheme and unless it is otherwise expressly provided therein, such agreement shall take affect on and after the day on which the comes into force.

S.73 Power of the State Government to make rules

(1) The State Government may, after previous publication in the official Gazette, make rules for carrying out the purposes of this Act.

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

• (i) The matter of publication of the notification regarding scheme, their modifications, variations, revocations, submissions and sanction by the State Government.
• (ii) Powers that may be delegated to any Authority established under this Act or to any officer.
• (iii) Procedure to be adopted for securing co-operation of various Government Department, the owners or other persons or bodies interested in schemes.
• (iv) All matters pertaining to land acquisition moulding procedure and making of award, compensation and the possession of land by authority in ordinary and emergent cases.
• (v) Calculation, assessment and payment of compensa
  

S.74 Power of the Authority to make bye-laws

(1) The Authority shall have power to make bye-laws in respect of the matters enumerated under this section not inconsistent with the rules made by the State Government:

• (i) and sub-division and lay out of public street :
• (ii) width for different classes of public streets according to the nature of traffic to be carried thereon:
• (iii) street lanes and setting back of buildings from the regular line of the street :
• (vi) zoning regulations prescribing the type or description of building which may or may not be, and the purpose for which a building may or may not be erected, in any prescribed area or areas :
• (v) regulation and display of advertisement in the interest or amenity, aesthetic, or public safety;
• (vi) regulations in any manner not specifically provided for in this Act, the erection of any enclosure, wall, fence, tent or the structure on any land within the limits of the Authority ;
• (vii) a time and place and