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Act No. 07 of 1920

7th September, 1920

Whereas it is expedient that the development of towns should be regulated to secure to their present and future inhabitants sanitary conditions, amenity and convenience; And whereas the previous sanction of the Governor-General required by section 79, sub-section (2) of the Government of India Act, 1915, has been obtained to the passing of this Act; It is hereby enacted as follows:--

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S.1 Short title and extent

(1) This Act may be called the Madras Town-Planning Act, 1920.

(2) It shall extend to the whole of the Madras Presidency.


S.2 Definitions

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

(1) "Chairman" means the "Commissioner of the Corporation of Madras" in the City of Madras, and the "Chairman of the Municipal Council" in other municipalities.

(2) "Director" means the Director of Town-Planning appointed under this Act.

(3) "Municipality" means the City of Madras as defined in the Madras City Municipal Act, 1919(Madras Act IV of 1919), and any local area in which the Madras District Municipalities Act, 1920(Madras Act V of 1920), is in force.

(4) "Owner" includes the person for the time being receiving, or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person, or for any religious or charitable purpose, the rents or profits of the property in connexion with which the word is used.

(5) "Plot" means a co

S.3 [Omitted]

1[* * *]

1. Section 3 was omitted by section 3, ibid.


S.4 Matters that may be dealt with in scheme

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

1[(a) the laying out or relaying out of land, either vacant or already built upon, as building sites or for any of the purposes mentioned in this section;]

(b) the construction, diversion, extension, alteration, improvement or closure of streets, roads and communications; 

(c) the construction, alteration, removal 2[or] demolition of buildings, bridges and other structures;

(d) the acquisition by purchase, exchange or otherwise, of any land 3[or other immovable property] within the area included in the scheme whether required immediately 4[.......] or not;

(e) the redistribution of boundaries and the reconstitution of plots belonging to owners of property comprised in the scheme;

(f) the disposal by sale, exchange, lease, or otherwise of land acquired or owne

Legal Comments

Note: The above points synthesize material from the provided sources and cite key references in square brackets. If a particular detail is not clearly present in the cited sources, it has been omitted.

S.5 Reconstituted plots

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

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

(a) to form a reconstituted plot by the alteration of the boundaries of an original plot;

(b) to provide with the consent of the owners, that two or more original plots, each of which is held in ownership in severalty or in joint ownership, shall thereafter, with or without alteration of boundaries, be held in ownership in common as a reconstituted plot;

(c) to allot a plot to any owner dispossessed of land in furtherance of the scheme; and

(d) to transfer the ownership of a plot from one person to another.


Legal Comments

S.6 [Omitted]

1[* * * * * * ]

1. Section 6 was omitted by section 6, ibid.


S.7 Appointment of Director of Town-Planning

(1) The 1[State Government] may appoint a person to be Director of Town-Planning for the 2[State] and may assign to him from time to time such salary and establishment as they think fit.

(2) The cost of such officer and his establishment shall be paid out of the revenues of the 1[State Government].

(3) Municipal councils shall consult the Director on such matters relating to town-planning, and in such manner as may be prescribed. If any difference arises between the Director and a council on any matter so prescribed, it shall be referred to the 1[State Government] whose decision shall be final.


S.8 Obligation on certain councils to make schemes not later than the 31st March 1934

1[ (1) Every municipal council constituted prior to the 1st day of April 1930, shall, not later than the 31st day of March 1934 and every municipal council constituted after the 1st day of April 1930 shall, not later than four years from the date of the constitution of such council prepare, publish and submit for the sanction of the 2(State Government) a general town-planning scheme in respect of all land within the municipality and in its vicinity unless the 2(State Government) order otherwise.

(2) Notwithstanding anything contained in sub-section (1), the 2(State Government) may, after making such enquiry as they may deem necessary by notification in the 3(Official Gazette), direct any municipal council to prepare, publish and submit for their sanction before an appointed date a general town-planning scheme under this section for an area specified in such notification.

(3) A general town-planning scheme shall determine the lines on which the improvement and

S.9 Declaration of intention to make or adopt scheme

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

(2) No town-planning scheme made or adopted by a municipal council shall include any area outside its limits without the concurrence of the municipal council or of the district board, as the case may be, having jurisdiction over such area: 2[Provided that if the municipal council or district board concerned omits, for four months from the date of receipt of the communication requesting such concurrence, to send a final reply thereto, such concurrence shall be deemed to have been given:]

Provided 3[further] that, where such con

S.10 [Resolution to make or adopt scheme]

1[The resolution under section 9 shall be published by notification in the prescribed manner by the chairman; and such notification shall state that a copy of the plan is kept for the inspection of the public at all reasonable hours at the municipal office].


S.11 Publication of draft scheme

(1) If the resolution is to make a scheme, the municipal council shall, within twelve months from the date of the notification under section 10, 2[......], or within such further period, not exceeding twelve months, as the 1[State Government] may allow, and after consulting, in the prescribed manner, the owners of lands and buildings in the area affected, prepare, 3[.....] and publish a draft scheme.

(2) If the resolution is to adopt a draft scheme proposed by owners, the council shall, without delay 4[.....] publish such scheme.


S.12 Power of State Government to require council to make scheme

Notwithstanding anything contained in 2[sections 9 to 11], the 1[State Government] may, in respect of any municipality, after making such inquiry as they may deem necessary, by notification in the 3[Official Gazette], require the council, before a fixed date, 4[to prepare, publish and submit for their sanction a draft scheme] as respects any land in regard to which a town-planning scheme may be made.


S.13 Contents of draft scheme

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

(a) a plan showing the lines of existing and proposed streets;

(b) the ownership of all lands and buildings in the area to which the scheme relates; 

(c) the area of all such lands whether public or private;

2[(d) a full description of all details of the scheme under such clauses of section 4 as may be applicable;]

3[.....] (f) an estimate of the

4[.....] cost of the scheme;

5[(g) regulations for on forcing or carrying out the provisions of the scheme; and defining the responsible authority and the period for which such responsible authority shall function;]

(h) any other particulars or plans that may be prescribed or specially required by the 6[State Government].

7[(2) Every draft scheme which includes a housing sch

S.14 Sanctioning of scheme by State Government

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

(2) The scheme as passed or adopted by the council together with all written objections and suggestions shall thereupon be submitted to the 1[State Government] for sanction 2[and the fact of such submission shall be published in the prescribed manner.]

3[(3) The 1 (State Government) may, after considering the objections and suggestions, if any, and making such inquiry as they think fit, sanction the scheme with or without modifications, or may refuse to sanction the scheme or may return the scheme to the council for reconsideration:

Provided that unless a modification is, in the opinion of the 1 (State Government), verbal or inconsequential, the 1 (State Govern

S.15 Variation or revocation of schemes

2[(1) A town-planning scheme sanctioned under section 14 may at any time be varied or revoked by a subsequent scheme, published and sanctioned in accordance with this Act:

Provided that the municipal council shall be competent to modify a scheme after it has been sanctioned by the 3(State Government) under section 14 by an agreement entered into with the persons interested in the scheme and with the concurrence of the 3(State Government).

(2) (a) The 3(State Government) may, at any time, by notification in the 1(Official Gazette], vary or revoke a scheme sanctioned under section 14.

(b) Before issuing such notification the 3(State Government) shall publish in the prescribed manner a draft of such notification together with a notice specifying a date on or after which such draft will be taken into consideration and shall consider any objection or suggestion which may be received in respect of such draft from the council

S.16 Limitation of compensation payable to person affected by variation or revocation of scheme

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


S.17 Permission to be taken for construction, etc., after publication of draft scheme

After the publication of a notification under section 10, 1[.....] or section 12, no person shall erect, or proceed with, any building or work on, or enter, into or carry out a contract in respect of, land within the area included in the scheme, unless he has applied for, 2[and obtained permission, in cases where a scheme has not been sanctioned, from the municipal council, and in other cases, from a responsible authority]:

Provided that, if the council 3[or the responsible authority] omits for three months from the date of receipt of such application, to communicate to the applicant any orders thereon, it shall be deemed to have granted the permission.


S.18 Obligation on owners to comply with scheme after sanction

From the date of the notification of the 1[State Government] sanctioning a scheme under section 14, all owners of lands and buildings in the area affected by the scheme who propose to construct or reconstruct or in any way alter or add to buildings shall conform in every particular with the requirements of such scheme; and no building shall be constructed or reconstructed in any area in which building is expressly for bidden in the scheme, or which is reserved in the scheme for any purpose incompatible with building.


S.19 Power of responsible authority to enforce scheme

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

(a) to remove, pull down, or alter any building or other work in the area included in the scheme which is such as to contravene the scheme, or in the erection or carrying out of which any provision of the scheme has not been complied with; or

(b) to execute within a specified period any work which it is the owner's duty to execute under the scheme where the 1[responsible authority] is of opinion that delay, in the execution of the work would prejudice the efficient operation of the scheme,

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

2[(3) If the owner fails

S.20 Right to compensation

Any person whose property is injuriously affected by any refusal 2[.....] to grant the permission applied for under section 17 or by the making of a town-planning scheme shall, if he makes a claim for the purpose within the time (if any) limited by the scheme, not being less than three months after the date of publication of a notification by the 1[State Government] sanctioning the scheme under section 14, be entitled to obtain compensation in respect thereof from the municipal council.


S.21 No right to compensation for building, etc., subsequent to first notification

A person shall not be entitled to obtain compensation under section 20 on account of any building erected on, or contract made, or other thing done, with respect to, land included in a scheme, after the date of the publication of the notification under section 10, 1[.....] or section 12:

Provided that this provision shall not apply to any building erected, contract made or other thing done in accordance with a permission granted under section 17.


S.22-A Application for sanction for withdrawal or modification of the scheme

1[ (1) The municipal council may, within three months from the date of an award of compensation in respect of property injuriously affected, make an application to the 2(State Government) to sanction the withdrawal or modification of all or any of the provisions of the scheme which gave rise to the claim for compensation and give notice of such application to the owner of such property.

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

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

(4) No award of compensation in respect of property injuriously affected shall be enforceable within three months from the date thereof, o

S.22 Exclusion or limitation of compensation in certain cases

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

(2) Property shall not be deemed to be injuriously affected by reason of any provisions inserted in a scheme, which impose any conditions or restrictions in regard to any of the matters specified in section 4, clause (m) or clause (n).

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

S.23 Power to levy betterment contribution

Where by the making of any town-planning scheme 3[the value of any property has increased or is likely to increase], the municipal council, if it makes a claim for the purpose within the time (if any) limited by the scheme 1[not being less than three months] after the date of publication of a notification of the 2[State Government] sanctioning a scheme under section 14, shall be entitled to recover from the owner of such property an annual betterment contribution for such term of years and at such uniform percentage of the increase in value not exceeding ten per centum as may be fixed in the scheme:

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


S.24 Betterment contribution how calculated

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

(a) In respect of each property on which the contribution may be levied under section 23, its market value at the date of the publication of the notification under section 10, 1[.....] or section 12, shall be estimated without reference to the improvements contemplated in the scheme.

(b) In each of the financial years following that in which the scheme takes effect under section 14, 2[sub-section (6)], the market value of each such property on the first day of April of that year shall be estimated by the chairman.

(c) If, in any financial year, the market value estimated under clause (b) does not exceed that estimated under clause (a), no betterment contribution shall be levied for that year.

(d) If, in any financial year, the estimated market value under clause (b) exceeds that under clause (a),

S.25 Assessment and collection of betterment contribution

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

(2) (a) The 1[State Government] may make rules, for the assessment and collection of the betterment contribution, and subject to such rules, (i) the chairman shall have the same powers and. shall adopt the same procedure for the assessment and collection of the betterment contribution as he has for the assessment and collection of the property tax, (ii) persons affected shall have the same right to receive notice of assessment and to object to the assessment and to appeal in respect thereof as they have in respect of the property tax, and (iii) decisions on appeal shall to the same extent be final and conclusive; and

(b) lands and buildings exempt from the property tax shall als

S.26 Option of objecting owner to require council to acquire his property

(1) If the owner of any property, separately registered in the municipal assessment books and assessed to a betterment contribution in any particular year, objects to the amount of such contribution on the ground that the market value estimated under clause (b) of section 24 is excessive, he shall state the market value which, he contends, is correct, and may, within thirty days of the date on which the determination of his objection or appeal becomes final, by written notice, require the municipal council to acquire the property together with any buildings or other works that may exist thereon.

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

(3) In case the council elects to acquire the property the compensation payable therefore shall be determined 1[according to the provisions of the Land Acquisition Act, 1894 (Cen

S.27 State Government to appoint arbitrator

1[ (1) After a scheme has been sanctioned the 2(State Government) may and if so required by the council or any person interested in the scheme shall appoint an arbitrator with, sufficient establishment to discharge all or any of the following duties:--

(a) to pass such orders as may be required under clauses (a) to (d) of sub-section (2) of section 5;

(b) to define, and, where necessary, to demarcate or cause the demarcation of, the reconstituted plots or the areas allotted to, or reserved for, the purposes mentioned in clause (k) of section 4;

(c) to decide, in reference to the claims made, whether any property is injuriously affected within the meaning of section 20, and award the compensation, if any, to be paid to the owner concerned in accordance with the provisions contained in Chapter IV; and

(d) to determine, in reference to the claims made, the properties which are liable

S.28 Powers and duties of arbitrator

1[ (1) The arbitrator shall give notice of his proceedings and conduct them in the prescribed manner and communicate his decision to the parties concerned.

(2) An arbitrator shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908), for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of documents and material objects.

(3) The costs of and incident to all proceedings before the arbitrator shall be in his discretion and the arbitrator shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose aforesaid.]


S.29 Appeal

1[ (1) Any party aggrieved by any decision of the arbitrator under clause (c) or clause (d) of sub-section (1) of section 27 may within three months from the date of the communication of such decision appeal to the District Judge concerned in cases arising outside the City of Madras and to the Chief Judge of the Court of Small Causes in cases arising in the City of Madras.

(2) The decision of the arbitrator under clause (c) or clause (d) of sub-section (1) of section 27 and, when an appeal has been preferred under sub-section (1), the decision on such appeal shall be read as part of the scheme sanctioned under section 14 and shall be final and binding on all persons.]


S.30 Municipal town-planning fund

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

(2) The moneys required, in the first instance, to establish such fund, and any deficiency from time to time occurring in such fund by reason of the excess of expenditure over receipts shall, subject to such rules as the 1[State Government] may frame in this behalf, be supplied out of the general municipal fund or out of moneys borrowed in pursuance of this Act.

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


S.31 Power to borrow

A municipal council, taking action under this Act, shall be deemed to be a local authority as defined in the Local Authorities Loans Act, 1914 (Central Act IX of 1914), for the purpose of borrowing money under the provisions of that Act, and the making and execution of a town-planning scheme shall be deemed to be a work which such local authority is legally authorized to carry out.


S.32 [Omitted]

1[* * * * ]

1. Section 32 was omitted by the Adaptation Order of 1937.


S.33 Modification of Land Acquisition Act

Immovable property required for the purposes of a town-planning scheme shall be deemed to be land needed for a public purpose, within the meaning of the Land Acquisition Act, 1894(Central Act I of 1894), 1[and may be acquired--

(a) under the said Act, or

(b) under the said Act as modified in the manner hereinafter provided in this chapter. ]


S.34 Notification under section 14 to have effect as declaration under section 6, Land Acquisition Act

1[In cases falling under clause (b) of section 33, a notification under section 14 shall, notwithstanding anything contained in the Land Acquisition Act, 1894 (Central Act I of 1894), operate] in respect of any land for the purposes of the scheme as a declaration under section 6 of the said Act, and no further declaration shall be necessary, but it shall not be incumbent on the 2[State Government], or officer authorized in that behalf, to take immediate steps for the acquisition of such land. Provided that if the land is not acquired within three years from the date of the notification, it shall cease to have effect as a declaration under section 6 of the Land Acquisition Act, 1894.


S.35 Sections 15, 23 and 24 of Land Acquisition Act superseded

(1) The provisions of sections 15, 23 and 24 of the Land Acquisition Act, 1894 (Central Act I of 1894), shall have no application 1[in cases falling under clause (b) of section 33.]

(2) 2[In such cases, the Collector and the Court shall in determining the amount of compensation to be awarded for the land acquired, take into consideration--](a) the market value of the land at the date of publication of the notification under section 10 3[ . . . ] or section 12, as the case may be;

(b) the damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time of the collector's taking possession thereof;

(c) the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land or by reason of the acquisition injuriously affecting his other property movable or im

S.36 Power of councils to make agreements

A municipal council shall be competent to make any agreement with any person in respect of any matter which is to be provided for in a town-planning scheme subject to the power of the 1[State Government] to modify or disallow such agreement, and, unless it is otherwise expressly provided therein, such agreement shall take effect on and after the day on which the scheme comes into force:

Provided that if the agreement be modified by the 1[State Government], either party shall have the option of avoiding it if he so elects within the prescribed period.


S.37 Town-planning committee

Subject to such rules as the 1[State Government] may make in this behalf, a municipal council may appoint a special town-planning committee composed either wholly of members of the municipal council, or partly of such members and partly of others; and may delegate to such committee power to dispose of, 2[in relation to a particular scheme or to town-planning in general,] matters of a specified nature which., under the provisions of this Act, are reserved for the decision of the council:

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

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


S.38 Joint town-planning committee

1[ (1) Subject to such rules as the 2(State Government) may make 3[in this behalf,] a municipal council may, and if so required by the 2(State Government) shall, join with one or more than one other local authority in constituting a joint town-planning committee for the making of a joint town-planning scheme or for any purpose connected with town-planning in which they are jointly interested or for which they are jointly responsible.

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

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

(3) (i) The 2[State Government] may make rules to carry out the purposes of sub-section (1).

(ii) In particular and

S.39 Extension of provisions to panchayats and other areas

(1) The 1[State Government] may, by notification in the 2[Official Gazette], extend any provision of this Act to any 3[panchayat or non-panchayat area in which the Madras Village Panchayats Act, 1950(Madras Act X of 1950), or the Madras District Boards Act, 1920 ( Madras Act XIV of 1920) is in force] and may declare its extension to be subject to such restrictions and modifications as they think fit.

(2) Unless such notification shall otherwise provide, the functions exercisable by a municipal council and the chairman under any provision of this Act so extended, shall, subject to the control of the district board be exercised by the taluk board and its president, respectively.

(3) The 1[State Government] may also, by notification in the 2[Official Gazette], extend to the 3[panchayat or non-panchayat area] concerned all or any of the provisions of the Madras City Municipal Act, 1919(Madras Act IV of 1919), or the Madras District Municipalities Act, 1920(Madras

S.40 Relation of municipal authorities to those of panchayat or other areas included in scheme

When any 1[panchayat or non-panchayat area in which the Madras Village Panchayats Act, 1950(Madras Act X of 1950), or the Madras District Boards Act, 1920(Madras Act XIV of 1920) is in force] is comprised in a town-planning scheme made or intended to be made by a municipal council, then, notwithstanding anything in. the said Act, the municipal authorities shall exercise therein all the powers given to them by this Act or the scheme, and the 2[authorities of the panchayat or district board] concerned shall be bound to give all information that may be required by the municipal authorities for the purpose of this Act or the scheme, and to-do nothing that will obstruct the lawful exercise of the powers of the municipal authorities thereunder.


S.41 Power of State Government to arbitrate in disputes between local authorities

Any dispute between any two local authorities in regard to any matters arising under any of the provisions of this Act shall, in case of their failure to settle it amicably between themselves, be referred for adjudication to the 1[State Government] whose decision shall be final.


S.42 Power of control of State Government

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

(a) has failed to take the requisite steps for having a satisfactory town-planning scheme prepared and sanctioned in a case where a town-planning scheme ought to be made, or

(b) has failed to adopt any scheme proposed by owners of any land in a case where the scheme ought to be adopted, or

(c) has unreasonably refused to consent to any modifications or conditions imposed by the 1[State Government],

the 1[State Government] may, as the case may require, order the municipal council to prepare and submit for the approval of the 1[State Government] such a town-planning scheme, or to adopt the scheme, or to consent to the modifications or conditions so inserted:

S.43 Power of entry, etc

For the purpose of the making or execution of any town-planning scheme, the municipal authorities 1[or the responsible authority] or persons appointed by the 2[State Government] under section 42, sub-section (3), their subordinates and contractors shall have the same power to enter upon, survey and set up marks on property and to do all acts necessary for such purposes, subject to the same conditions and restrictions, as they have for other municipal purposes under Part VI of the Madras City Municipal Act, 1919(Madras Act IV of 1919), or under Part VI of the Madras District Municipalities Act, 1920(Madras Act V of 1920), as the case may be; and persons interfering with the exercise of such powers by the municipal authorities 1[or the responsible authority] or persons appointed by the 2[State Government], their officers, servants, or contractors, shall be liable to the same penalties.


S.44 Power of State Government to make rules

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

(2) In particular and without prejudice to the generality of the foregoing power, the 1[State Government] shall have power to make rules in respect of the following matters:--

(a) the manner of publication of the notifications under section 10, 1[.....], and of the draft scheme under section 11;

(b) the further particulars or plans for inclusion in schemes under section 4, 2[clause (r)], and section 13, 3[subsection (1)] clause (h);

(c) the scale of all plans made under this Act, the particulars to be shown in them, the manner in which such particulars shall be shown, the colouring of such plans a

S.44-A Previous publication of the rules

1[ The power to make rules under sections 38, 44 and 64 shall be subject to the condition of previous publication. ]


S.44-B Penalty for breach of the provisions of the scheme

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

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

(i) with fine which may extend to one hundred rupees, and

(ii) if the breach, neglect or failure continues after such conviction, with fine which may extend

S.45 Creation of town-planning trusts

(1) When the 1[State Government], after consulting the municipal council, decide that the interests of town-planning in any particular area will be best served by entrusting it to a special board, they may, by notification in the 2[Official Gazette], constitute such board, to be called "The (name of town or other area) Town-planning Trust "hereinafter referred to as "the trust"; and thereupon the duty of carrying out the provisions of this Act in such local area shall, subject to the conditions and limitations hereinafter contained, be vested in the trust.

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


S.46 Constitution of trusts

(1) The trust shall consist of--

(a) a chairman appointed by the 1[State Government];

(b) persons elected by the members of the municipal council or of other local authorities or both; and

(c) persons appointed by the 1[State Government] either by name or by virtue of their office.

(2) The trust may also include representatives of railway, tramway or other transport companies, chambers of commerce, co-operative societies and similar bodies or associations, either elected or nominated by them.

(3) The 1[State Government] shall fix the strength of the trust the number of trustees to be elected under clause (b) of sub-section (1), the local authorities by whom they shall be elected, the number of trustees to be appointed by the l[State Government] under clause (c) of sub-section (1) and the number of trustees to be elected or nominated under sub-section (2) and the bodies or associations by who

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