MEGHALAYA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 2004

Act No. 09 of 2004

16th August, 2004

An Act to amend the Meghalaya Town and Country Planning Act, 1973 (the Assam Town and Country Planning Act, 1959, as amended and adapted by Meghalaya. Be it enacted by the Legislature of the State of Meghalaya in the fifty fifth Year of the Republic of India as follows:-

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S.1 Short title and commencement

(1) This Act may be called the Meghalaya Town and Country Planning (Amendment) Act, 2004

(2) It shall come into force at once.

S.2 Amendment of sub-section (6) of Section 2

In the Meghalaya Town and Country Planning act, 1973 (Assam Town and Country Planning Act, 1959 as adapted by Meghalaya (hereinafter referred to as the Principal Act) in subsection (6) of Section 2 for the word Director of Town and Country Planning' the words 'Director of Urban Affairs Department' shall be substituted

S.3 Amendment of Sub-section 3 (1)

For Sub-section (1) of Section 3 of the Principal Act the following shall be substituted, namely-

(1) The State Government may, by notification in the Official Gazette constitute the council consisting of the following members to advice the Government in matters referred to it:-

• (i) Minister-in-charge Urban Affairs Department-Chairperson;
• (ii) Director, Urban Affairs Department-Secretary;
• (iii) Chairperson of the Authority;
• (iv) Three MLAs to be nominated by the Meghalaya Legislative Assembly;
• (v) Principal Secretary/Commissioner and Secretary, Urban Affairs Department;
• (vi) Principal Secretary/Commissioner and Secretary Finance Department;
• (vii) Principal Secretary/Commissioner and Secretary, Revenue Department
• (viii) Principal Secretary/Commissioner and Secretary, Planning Department
• (ix) Commissioner and Secretary/Secretary, public Health Engineering Department;
• (x) Commissioner
  

S.4 Amendment of Sub-section (2) of Section 3

In Sub-section (2) of Section 3 of the Principal Act for the word 'five' the word 'one-third' shall be substituted.

S.5 Amendment of Sub-section (1) of Section 3

In Sub-section (3) of Section 3 of the Principal Act for the principal Act for the word "Chairman", the word "Chairperson" shall be substituted and thereafter wherever the word 'Chairman' appears in the Principal Act, the word 'Chairperson' shall be substituted.

S.6 Amendment of Sub-section (1) of Section 8B

In Sub-section (1) of Section 8B of the Principal Act, the following shall be substituted namely-

"8B (1) Composition of the Authority:-

The Authority shall consist of the following members, namely:-

• (a) A chairman to be appointed by the State Government;
• (b) The Chairpersons of the Municipal Boards;
• (c) The Chief Executive Members of the Autonomous District Councils of the State;
• (d) Principal Secretary/Commissioner and Secretary Finance/Revenue Planning/Urban Affairs Department/or their representatives not below the rank of joint Secretary;
• (e) Chief General Manager of BSNL or hid representative;
• (f) Chief Engineer, Public Works Department (R & B);
• (g) Chief Engineer, Public Works Department (Building);
• (h) Chief Engineer, Public Health Engineering Department;
• (i) Chief Planner of the Authority to be appointed by the Government
• (j) Chief Finance and Accounts Officer of the
  

S.7 Amendment of Sub-section 8B

(1) In Sub-section (1) of Section 8B of the Principal act, for the words 'once a month', the words as and when necessary and at least four times in a year shall be substituted.

(2) After sub-section (5) of Section 8B the following new Subsection (6) shall be added namely-

"(6) One-third of the members of the Authority shall constitute the quorum for the purpose of the transacting business at any meetings of the Authority".

S.8 Amendment of Sub-section (1) of section 13

In Sub-section (1) of Section 13 of the Principal Act, the words "and on payment of such fees as may be prescribed by Bye-laws framed by the Authority in this behalf" shall be inserted after the word "the purpose".

S.9 Amendment of Sub-section (3) of section 13

In Sub-section (3) of Section 13 of the Principal Act, the words "within 15 days of receiving the notice", shall be inserted after the words "necessary".

S.10 Insertion of Subsection (5), (6) & (7) Section 13

In Section 13 of the Principal Act, the following new subsection (5) shall be inserted namely-

"(5) On such application having been duly made, and on payment of the fees under sub-section (1)-

• (a) The Authority may pass an order-
  • (i) Granting permission unconditionally; or
  • (ii) Granting permission to such conditions it may deem fit or
  • (iii) Refusing permission.
• (b) Without prejudiced to the generality of clause (a) of this sub-section, the Authority may impose conditions-
  • (i) To the effect that the permission granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous conditions or use of the land permitted shall be discontinued;
  • (ii) For regulating the development or use of any land either under the control of the application for the carrying out of works, on such land as may appear to the authority expedient fo
    

S.11 Insertion of new Section 30A

After Section 30 of the Principal Act, the new Section 30A shall be inserted namely-

"30A. Power to stop development.

(1) Where any development in any area has been commencement contravention of the Master Plan or Development Scheme or without the permission, approval or sanction referred to in Section 13 and/or Section 29 or in contravention or any conditions subject to which such permission, approval or sanction has been granted, authority may, made an order requiring the development to be discontinue on and from the date of the service of the order and such order shall be complied with accordingly.

(2) For ascertaining the purposes referred to in sub-section 1, the Authority may call for the owner of the land or building permission so granted by the Competent Authority and examine the same.

(3) Where such development is not discontinued in compliance with the order under sub-section (1), above the Authority require any Police Officer not below the ran

S.12 Insertion of new Section 30B

After Section 30A of the Principal Act, Section 30B shall be inserted, namely:-

"30B Power of the demolition of building.

(1) where any development has been commenced or is being carried on or has been complete in contravention of the Master Plan or development Scheme or without permission, approval or sanction referred to in Section 13 and Section 29 of this Act or in the contravention of any of condition subject to which such permission, approval or sanction has been granted, the Authority may, in addition to any procreation that may be instituted under this Act make an order direction that such development shall be removed by demolition, fitting or otherwise by the owner, occupier, manager or by any person at whose instance the Development has been commenced or is being carried out or has been completed within a period not exceeding thirty days from the date on which a copy of the order of removal with brief statement of the reasons thereof has been delivered.

S.13 Amendment of Section 31

In Section 31 of the Principal Act the words "not exceeding Rs. 250", the words, "as provided in the rules notified from time to time" and for the words "of Rs. 50", the words "as prescribed in the rules notified from time to time " shall be substituted.

S.14 Amendment of Section 33

In Section 33 of the Principal Act, the bracket figure "(1)" and sub-section (2), (3) & (4) shall be committed.

S.15 Insertion of New Section 50A

After Section 50 of the Principal Act. Section 50A shall be inserted, namely-

"50A. Audit of Account of the Authority-

(1) The accounts of the Authority shall be subject to audit annually by the Accountant General, Meghalaya.

(2) The accounts of the Authority along with the audit report shall be placed before the State Legislature".

S.16 Amendment of Clause (i) & (ii) of sub-section

(1) In clause (i) of sub-section (3) of Section 51 of the Principal Act for the words "which may extend to Rs. 500", the words "as provided in the rules notified from time to time" shall be substituted.

(2) In clause (ii) of sub-section (3) of Section 51 for the word "as provided in the rules notified from time to time" shall be substituted.

S.17 Amendment of sub-section (3) of Section 54

In sub-section (3) of Section 54 for the words "which may extend to Rs. 30", the words "as provided, in the rules notified from time to time" shall be substituted.

S.18 Amendment of Clause (b) of Section 56

In clause (b) of Section 56 for the words "which may extend to Rs. 500", the words "as provided in the rules notified from time to time" shall be substituted.

S.19 Amendment of Section 61(1) Punishment for malicious abuse of powers

In sub-section (1) of Section 61 for the words "which may extend to Rs. 500", the words "as provided in the rules notified from time to time" shall be substituted.