THE MADRAS TOWN PLANNING ACT 1920

(MADRAS ACT VII OF 1920)

(As modified up to the 25th May 1956)

 

(Received the assent of the Governor on the 7th August 1920, and that of the Governor -General on the 25th August 1920; the assent of the Governor -General was first published in the Fort St. George Gazette of the 7th September 1920).

 

REFERENCES TO PAPERS CONNECTED WITH THE PRINCIPAL ACT AND THE AMENDING ACTS IN THEIR BILL STAGES

  

 

1. The Madras Town - Planning Act, 1920 (Madras Act II of 1920).

 

[For statement of Objects and Reasons, see Fort St. George Gazette, dated 9th March 1920, pages 298-299: For Report of Select Committee see ibid, dated 15th June 1920, pages 759 - 794;and for Proceedings in Council, see ibid, dated 15th June 1920,pages 819-823, and ibid , dated 2nd November 1920,pages 1333-1367].

 

 

2. The Madras Town- Planning (Amendment) Act, 1930 (Madras Act II of 1930).

 

[For statement of Objects and Reasons, see Fort St. George Gazette, Part IV, dated 17 September 1929, pages 159-161and for Proceedings in Council, see Madras Legislative Council Proceedings, Volume L, pages 1246-1247 and Volume L1, pages 91-92).

 

 3. The Madras Town-Planning (Amendment) Act, 1934 (Madras Act IV).

 

(For statement of Objects and Reasons, see Fort St. George Gazette, Part IV, dated 16th January 1934, page 29, and for Proceedings in Council, see Madras Legislative Council Proceedings, Volume IXIX, pages 70-71).

 

 

4.  The Government of India (adaptation of Indian Laws) Order, 1937.

 

(See Fort St. George Gazette, Part I dated 20th April 1937, pages 691-772).

 

 5. The Madras Repealing and Amending Act, 1938 (Madras Act XIII of 1938).

 

(For statement of Objects and Reasons, see Fort St. George Gazette, Part IV, dated 9th August 1938, pages 147-150 for Proceedings in Assembly, see Madras Legislative Assembly Debates, Volume VII, dated 16th August 1938, pages 124-125; for Proceeding in Council, see Madras Legislative Council Debates, Volume IV, dated 18th August 1938, pages 89, 112-119).

 

6. The Adaptation of Laws Order, 1950.

 

(Republished at pages 339-469 of Part III B of the Fort St. George Gazette, dated the 14th February 1950).

 

 7. The Madras Repealing and Amending Act, 1955 (Madras Act XXXVI of 1955).

 

(For Statement of Objects and Reasons, see Fort St. George Gazette, Part IV - A dated the 17th August 1955,pages 186 -187; for Act, see Part IV - B of the Fort St. George Gazette, dated the 7th December 1955, pages 233 to 245).

 

 

TABLE OF CONTENTS

PREAMBLE

 

CHAPTER 1

PRELIMINARY

SECTIONS

 

 

1. Short title and extent.

2. Definitions

 

 

CHAPTER II

TOWN - PLANNING SCHEMES

 

3. (Omitted)

4. Matters that may be dealt with in scheme.

5. Reconstituted plots

6. (Omitted).

 

CHAPTER III

MAKING, VARIATION AND REVOCATION OF SCHEMES AND THEIR EFFECT

 

7. Appointment of Director of Town - Planning.

8. Obligation on Certain council to make schemes not later than the 31st March 1934.

9. Declaration of intention to make or adopt scheme.

10. Resolution to make or adopt scheme.

11. Publication of draft scheme

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

13. Contents of draft scheme

14. Sanctioning of scheme by State Government.

15. Variation or revocation of schemes.

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

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

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

19. Power of responsible authority to enforce scheme.

 

 

CHAPTER IV

COMPENSATION FOR INJURIOUS AFFECTION AND CONTRIBUTION FOR BETTERMENT

 

20. Right to compensation

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

 

SECTIONS

22. Exclusion or limitation of compensation in certain cases.

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

23. Power to levy betterment contribution.

24. Betterment contribution how calculated.

25. Assessment and collection if betterment contribution.

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

 

 

CHAPTER V

THE ARBITRATOR

 

27. State Government to appoint arbitrator.

28. Powers and duties of arbitrator.

29. Appeal.

 

 

CHAPTER VI

FINANCE

 

30. Municipal town -planning fund.

31. Power to borrow.

32. (Omitted)

 

 

CHAPTER VII

LAND ACQUISITION

  

33. Modification of Land Acquisition Act.

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

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

 

CHAPTER VIII

MISCELLANEOUS

 

36. Power of councils to make agreements.

37. Town - planning committee.

38. Joint town - planning committee.

39. Extension of provisions to panchayat or non - panchayat areas.

40. Relation of municipal authorities to those of panchayat or non - panchayat areas included in scheme.

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

42. Power of control of State Government.

43. Powers of entry, etc.,

44. Power of State Government to make rules.

44.A Previous publication of the rules.

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

 

 

CHAPTER IX

TOWN-PLANNING TRUSTS

SECTIONS

  

45. Creation of town-planning trusts.

46. Constitution of trusts.

47. Chairman may be given salary.

48. Removal of trustees.

49. Disabilities of trustees removed under section 48.

50. Application to trusts of this Act and their power to borrow.

50.A.  Payment to trust by municipal councils.

51. Procedure if trust fails to make any payment in respect of loans.

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

53. Ultimate dissolution of trust, and transfer of its assets and liabilities to municipal council.

 54.  Power to State Government to make rules for trusts

 

CHAPTER X

TRANSFER OF PROCEEDINGS

 

55. Transfer of proceedings from one authority to another.

 

 


(Chapter I - Preliminary)

 

MADRAS ACTS NO. VII OF 1920:

(THE MADRAS TOWN-PLANNING ACT 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 sanctions 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:-

 

 

CHAPTER I

PRELIMINARY

 

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

 

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

 

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

 

(1). "Chairman" means "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, and any local area in which the Madras District Municipalities Act, 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 connection with which the word is used.

 

(5) "Plot" means a continuous portion of land held in one ownership other than land used, allotted or reserved for any public or municipal purpose.

 

(6) "Prescribed" means prescribed by rules made under this Act.

 

(7) "Reconstituted plot" means a plot which is in any way altered by the making of a town-planning scheme otherwise than by the severance of land used, allotted or reserved for any public or municipal purpose.

 

(8) "Responsible authority" means "the authority or person, who is specified in a scheme as responsible for carrying out or enforcing the observance of all or any of the provisions of the scheme or for enforcing the execution of any works which under the scheme are to be executed by any authority, owner, or other person."]

 

(9) "Scheme" means a town-planning scheme and includes a plan relating to a town-planning scheme.

 

(10) "Town-planning" includes town-improvement.]

 

 

 

Chapter II

Town - Planning Schemes

 

2(3)

4. A won planning scheme may provide for all or any of the following matters :-

3. [(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 4[or] demolition of buildings, bridges and other structures;

(d) the acquisition by purchase, exchange or otherwise, of any land 5[or other immovable property] within the area included in the scheme whether required immediately 6 [........] or not;

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

(f) the disposal by sale, exchange, lease, or otherwise of land acquired or owned by the council ;

(g) transport facilities.

(h) water - supply;

(i) lighting;

(j) drainage inclusive of sewage and of surface draining and sewage disposal;

(k) the allotment or reservation of land for streets, roads, squares, houses 1[..........], buildings, for religious and charitable purposes, open spaces, gardens, recreation grounds, schools, markets, shops, factories, hospitals, dispensaries, Government and municipal buildings, and public purpose of all kinds;

(l) construction of houses 1[..................];

(m) the preservation of objects and buildings of archaeological or historic interest or of natural beauty or actually used for religious purposes or regarded by the public with special religious veneration;

(n) the imposition of conditions and restrictions in regard to the character, number, architectural features and height of buildings allowed in specified areas and purposes to which buildings or specified areas may or may not be appropriated: and the provision and maintenance of sufficient open space about buildings;

 

(o) the suspension, 1[restriction or modification] so far as may be necessary for the proper carrying out of the scheme, of any provision in the Madras City Municipal Act, 1919, the Madras District Municipalities Act 1920, or the 3 [Madras Local Boards Act, 4(1920)], Or in any rule, by-law or regulation made under the said Acts and in force in the area included in the scheme

 

(p) the 5[suspension, restriction or] modification, so far as may be necessary for the proper carrying out of the scheme, of any provision in the Madras Estates Land Act, 1908, affecting the conversion of holdings or portions thereof into building land in the area included in the scheme;

 

 

Explanation-The word 'holding' in this clause shall have the same meaning as in the Madras Estates Land Act; 1908.

 

6

[(q) the advance to the owners of land or buildings comprised within the scheme, upon such terms and conditions.

  

(Chapter II. - Town Planning Schemes. Chapter III.- Making, Variation and Revocation of Schemes and Their Effect.)

 

 as may be provided by the scheme, of the whole or part of the amount required for the erection of buildings or for the carrying out of the works, alterations or improvements in accordance with the scheme];

 

1[(r)] such other matters not inconsistent with the objects of this Act as may be prescribed.

   

5.

(1) 2 [................] 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 there after, 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.

 

 

 

Chapter III

 

Making, Variation and Revocation of schemes and Their Effect

 

7.

(1) The 4[State Government] may appoint a person to be Director of Town-Planning for the 5[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 4[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 4 (State Government) whose decision shall be final.

 

 

(Chapter III- Making, Variation and Revolution of Schemes and Their Effect).

 

8. (1) Every municipal council constituted prior to the 1st day of April 1930, shall, not later than the 31st day if March 1934 and every municipal council constituted after the 1st day of April 1930, shall, not later than 4 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 determined the lines on which the improvement and development of the area within the municipality and in its vicinity shall proceed and shall provide for such of the matters referred to in section 4 and to such extent as my be prescribed].

 

9. (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 scheme proposed by all or any 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 schemed 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.

 

(3) [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 (further) that, whether such concurrence is refused, the (State government] may, after considering the objections of such council or district board, overrule them, and permit such area to be included in the scheme.

 

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

 

 10.  The resolution under section 9 shall published by notification in the prescribed by the chairman : and such notification shall that a copy of the plan is kept for the inspection of the public at all reasonable at the municipal office.

 

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

 

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

 

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

 

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

 

 

(a) a plan showing the lines of existing and proposed area to which the scheme relates;

 

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

 

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

 

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

 

(f) an estimate of the [......] cost of the scheme.

 

(g) regulations for enforcing 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 [State Government].

 

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

 

(i) the approximate number and the nature of the house to be provided by the responsible authority';

(ii) the approximate quantity of land to be acquired and the localities in which land is acquired;

(iii) the average number of houses per acre; and

(iv) all matters incidental to the housing scheme.

 

(3) A draft scheme may provide that any person who commits or knowingly permits a breach of any specified provision any such provision, shall on conviction, be punishable under section 44-B].

   

14. (1) If the 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 [State Government] for sanction [and the fact of such submission shall be punished in the prescribed manner].

 

 

 

 

(3) The [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 [State Government], verbal or inconsequential, the [State Government] shall not sanction the scheme with such modification without the consent of the Council.

 

Provided further that when a scheme is returned to the Council for reconsideration, the Council shall resubmit it to the [State Government] within three months from the date of its receipt and the [State Government] may then deal with the scheme in the manner mentioned in this sub-section:

 

 Provided further that if the council fails to resubmit the scheme within the time specified in the foregoing proviso, the [State Government] may, in relation to the scheme, pass such orders as they may deem fit].

 

(4) When a scheme returned for reconsideration is modified by the council, the scheme as so modified shall before resubmission to the [State Government] for sanction, be published and passed by the council in the same manner as a draft scheme,

 

(a) in cases in which the modification involves the inclusion in or exclusion from the scheme of any land or the acquisition of any land not originally proposed to be acquired, and

 

(b) in every other case in which the modification is in the option of the council or of the [State Government] of sufficient importance to require the following of this procedure].

 

(5) The sanction of the [State Government] to a scheme under-section (3) shall be published by notification in the [Official Gazette], and such notification shall state at what place and time the scheme will be opened to the inspection of the public.

 

(6) A notification published under sub-section (5) shall be conclusive evidence that the scheme has been duly made and sanctioned. The scheme shall have effect from the date of publication of such notification, and the execution of the scheme shall be commenced forthwith:

 

 

 

 

 

Provided that, where the scheme so provides, the execution of the scheme or any part thereof may be deferred until such of the scheme or any part thereof may be deferred until such time as may be fixed in the scheme.]

 

[15.(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 according with this Act:

 

Provides that the municipal council shall be competent to modify a scheme after it has been sanctioned by the [State Government] under section 14 by an agreement entered into with the person interested in the scheme and with the concurrence of the [State Government].

 

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

 

 (b) Before issuing such notification the [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 or any person affected by the scheme before the date so specified].

 

16. 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.

  

17. After the publication of a notification under section 10, [ ] or section 12, no person shall erect, or proceed with any building or work on, or enter into or carry out a contact in respect of , land within the area included in the scheme, unless he has applied for, [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 [or the responsible authority] omits for three months from the date of receipt of such application, to communicate to the applicant any order thereon it shall be deemed to have granted the permission.

 

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

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

 

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

 

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

 

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

 

(3) If the owner fails to show cause to the satisfaction of the responsible authority, the responsible authority may confirmed the order granting such further period as it may deem fit, to execute the work and such order shall be communicate to and be binding on the owner and may be enforced. The expenses of enforcement may be recovered in the prescribed manner. An appeal shall lie to the [State Government] against the order of the responsible authority and their decision shall be final.]

 

 

 

CHAPTER IV

Compensation for injurious affection and contribution for betterment

 

 

 

20. Any person who property is injuriously affected by any refusal [ ] 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 [State Government] sanctioning the scheme under by the 14, be entitled to obtained compensation in respect thereof from the municipal council.

   

21. 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 scheme, after the date of the publication of the notification under section 10. [ ].

 

 

 

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

 

 

22.(1) Where property is alleged to be injuriously affected by reason of any provision contained in a respect thereof, if or in so far as the provision are such as would have been by-law at the time in force.

 

(2) Property shall not be deemed to be injuriously affected by reason of any provision inserted in a scheme, which impose any conditions or restrictions in regard to any o 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 he Acts, nor shall he be entitled to any larger compensation under this Act than he would be entitled to under the other Act.

 

 

22.A

(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 [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 [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 connection with the claim for compensation.

 

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

 

(4) No award of compensation in respect of property injurious affected shall be enforceable within three months from the date thereof, or, if notice has been given under sub-section (1), pending the orders of the [State Government] on the application made under the same sub-section].

 

23. Where by the making of any town-planning scheme [the value of any property has increased or is likely to increase], the municipal council, if it makes a claim for the purpose within the time (if any) limited by the scheme [not being less than three months after the date of publication of a notification of the [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 at such uniform percentage of the increase in value not exceeding ten per centum as may be fixed in the scheme.

 

 

Provided that the aggregates 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.

 

24. 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, [ ] or section 12, shall under estimated without reference to the improvements contemplated in the scheme.

 

(b) In each of the financial years following that in which the scheme taken effect under section 14, [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, any financial year, the market value estimated under clause (b) dose not exceed that estimated under clause (a), no betterment contribution shall be levied for that year.

 

(d) If, in any financial year, the estimated market value under clause (b) exceeds that under clause (a), the municipal council shall levy on the difference a betterment contribution according to the percentage fixed in the scheme.

 

Provided that in estimating the market vae of land under clause (a) or clause (b), the value of building or other works erected or in the course of erection on such land shall not be taken into contribution.

 

 

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

 

(2)(a) The [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 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 also be exempt from any betterment contribution.

 

 

26. (1) If the owner of any property, separately registered in the municipal assessment books and assessed to a betterment of such 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 30 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 building or other works that may exist thereon.

 

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

 

(3) In case the council elects to acquire the property the compensation payable therefore shall be determined [according to the provisions of the Land Acquisition Act 1894, or according to those provisions as modified by sections 34 and 35 as the case may require]:

 

 

Provided that the compensation payable for the property, apart from the buildings or other worked thereon , shall not exceed the market value stated by the owner under sub-section (1).

 

 

CHAPTER V


The Arbitrator


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

 

 

(a) to pass such order 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 to the betterment contribution under section 23 and estimate and record their market value as the date of the notification under section 10 or section 12, as the case may be, in accordance with the provisions of clause (a) of section 24.

 

(2) The decisions of the arbitrator under clause (a) and (b) of sub-section (1) shall be read as part of the scheme sanctioned under section 14 and shall be final and binding on all persons:

 

 

Provides that where any such decision is in conflict with any provision in the scheme it shall require the approval of the (State Government) and, on such approval being given, shall be deemed, to the extent mentioned in such decision, to have varied the sanctioned scheme].

 

28.(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 7under the Code of Civil Procedure, 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 cost 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 to be paid and to give all necessary directions for the purpose aforesaid].

 

 

29.(1) Any party aggrieved by any decision of the arbitrator under clauses ( c) clause (d) of sub- section (1) of section 27 may within three months from the date of three 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 if small causes in cases arising in the city of Madras.

 

(2) The decision of the arbitrator under clauses © or clauses (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.].

 

CHAPTER VI

 

FINANCE

 

 

 

30.(1) The receipts of a municipal council under this Acts or any town-planning scheme made there under shall form a separate town-planning fund and all expenditure under this Act or any town planning scheme there under shall defrayed out of such fund. No portion of the fund shall, except with the sanction of the [State Government], be expanded 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 reasons of the excess of expenditure over receipts shall, subject to such rules as the [State Government] may frame in this behalf, be supplied out of the general municipal fund or out or moneys borrowed in pursuance of this Act.

 

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

 

31. 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, for the purpose of borrowing money under the provisions of that Act, and the making and execution of a town-planning if scheme shall be deemed to be a work which  such local authority is legally authorized to carry out.

 

 

 

CHAPTER VII

 

LAND ACQUISITION

 

 

33. Immovable property required for the purpose 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, [and may be acquired-

 

(a) under the said Act, or

 

(b) under the said Acts as modified in the manner herein after provided in this chapter.]

 

34. [In cases falling under clause (b) of section 33, a notification under section 14 shall, notwithstanding anything contained in the Land Acquisition Act, 1894, operate] in respect of any land for the purpose 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 [State Government], or officer authorized in that behalf to take immediate steps for the acquisition if such land. Provided that it the land it 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.

 

 

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

 

(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 if publication of the notification under section 10 […] 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 immovable in any other manner, or his earnings: provided that this clause shall not apply in the case of offensive industries, which must, under the provisions of the scheme, be removed.

 

(d) if, in consequence of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; provided that this clause shall not apply in the case of offensive industries, which must, under the provisions of the scheme, be removed.

 

 

(3) [But the Collector and the Court shall not, in cases falling under clause (b) if section 33] take into consideration –

 

(a) the degree of urgency which has led to the acquisition or its compulsory character;

 

(b) any disinclination of the person interested to part with the land acquired;

 

(c) any damage sustained by him, which, if caused by a private person, could not render such person liable to a suit;

 

(d) any damage which is likely to be caused to the land acquired, after the date of publication of the notification under section 10, [… ], or section 12, as the case may be, by or in consequence of the use to which it will be put;

 

(e) any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;

 

(f) any outlay or improvements on the land acquired, commenced, made or effected after the date of publication of the notification referred to in clause (d) unless they are covered by a permission obtained […] under section 17;

 

(g) any outlay or improvements on, or disposable of, the were made and other circumstances, appear to have been land acquired which, having regard to the time at which they commenced, made or effected with intent to obtain increased compensation;

 

(h) the special suitability or adaptability, if any, of the land for any purpose, if that purpose is one to which it could be applied  only in pursuance of statutory powers or for which there is no market apart from the special needs of a particulars purchaser or the requirements of a Government department or any local or public authority.

 

(4) [In cases under clause (b) of section 33, if the market value of any land] or building is specially high by reasons of the use thereof in a manner which could be restrained by any court, or us contrary to law or public policy or is detrimental to the health of the inmates of the building or to the public health, the amount of the increased value due to such user shall be disregarded in determining the amount of compensation.

 

 

 

CHAPTER VIII

MISCELLANEOUS

 

 

36. A municipal council shall be competent to make any agreement with any person in respect of any matter which is to be provided for a town – planning scheme subject to the powers of the [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 [State Government], either party shall have the option of avoiding it if he so elects within the prescribed period.

 

 

37. Subject to such rules as the [State Government] may make in this behalf, a municipal council may appoint a special town-planning committee composed either wholly or members of the municipal council, or partly of such members and partly of others; and may delegate to such committee power to dispose of [in relation to a particular scheme or to town  planning in general,] matter 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.

 

 

38.(1) Subject to such rules as the [State Government] may make on this behalf, a municipal council may, and if so required by the [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 [State Government] may make rules to carry out the purposes of sub-section (1)

 

 

(ii) In particular and without prejudice to the generality of the foregoing power the [State Government] may make rules to provide for-

 

 

(a) the total number of  members of the joint committee;

(b) the number of such members who shall be members of the local authorities concerned and the number of such members who may be outsiders;

 

 

 

(c) the qualifications of persons who shall be members of the joint committee or the manner they shall appointed or elected;

(d) the qualifications of the person who shall be the chairman of the joint committee or the manner in which he shall be elected or appointed;

(e) the term of office of members and chairman;

(f) the manner in which the committee shall be put in funds and shall account therefore; and

(g) the procedure of the committee

 

 

(4) Rules made under sub-section (1) or (3) may be varied or revoked provided all the local authorities concerned assent to such variation or revocation.

 

 

(5) If any difference of opinion arises between local authorities under any of the foregoing provisions of this section, it shall be referred to the [State Government] whose decision shall be final.

 

(6) If the [State Government] take action under sub – section (1) they may issue such direction as they may think necessary or desirable in respect of all or any of the matters referred to in sub-section (3)

 

(7) When a joint town-planning committee has been constituted, such committee shall exercise the powers and perform the duties of the municipal council and its chairman the powers and duties of a chairman under this Act.

 

(8) Any joint town-planning schemes made by a joint committee may provide for the execution of the scheme or any part thereof jointly by all or two or more of the local authorities concerned or specify the parts of the scheme to be executed at the expense of the several local authorities in their respective areas and the said specified parts of the scheme shall after the publication  of the notification parts of the scheme shall after the publication of the notification under section 14 have effect in the areas to which they relate as separate schemes].

 

(39)(1) The [State Government] may, by notification in the [Official Gazette], extend any provision of this Act to any panchayat or non-panchayat area in which the Madras Village Panchayats Act, 1950 or the Madras District Boards Act, 1920, is in force and may declare its extension to be subject to such restrictionss and modification 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 [State Government] may also, by notification in the [Official Gazette], extend to the Panchayat or non panchayat area concerned all or any of the provision of the Madras City Municipal Act, 1919, or the Madras District Municipalities Act, 1920, and may declare such extension to be subject to such restrictions and modification as they think fit.

 

 40. When any panchayat or non – panchayat area which the Madras Village Panchayats Act, 1920 or the Madras District Boards Act, 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 authorities of the pachayat 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 hereunder.

 

 

41. 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 [State Government] whose decision shall be final.

 

 

42.(1) If the [State Government] are satisfied, after giving the municipal council an opportunity of explanation and considering any other representation 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 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 unreasonable refused to consent to any modification or conditions imposed by the [State Government], the [State Government] may, as the case may require, order the municipal council to prepare and submit for the approval of the [State Government] such a town-planning scheme, or to adopt the scheme, or to consent to the modification or conditions so inserted:

 

 

 

Provided that where the municipal council has failed to adopt a scheme, the [State Government] in lieu of making such an order as aforesaid, may approve the proposed scheme, subject to such modifications or conditions, if any, as the [State Government] think fit, and thereupon the scheme shall have effect as if it had been adopted by the municipal council and sanctioned by the [State Government].

 

(2) If the [State Government] are satisfied after giving the municipal council [or the responsible authority as the case may be] an opportunity of explanation, that a municipal council [ or responsible authority] has failed to enforce effectively the observance of a scheme which has been finally sanctioned, or any provisions thereof , or to execute any works which under the scheme or this Act the council [or the responsible authority] is required to execute, the [State Government] may order the council [or the responsible authority] to do all things necessary for enforcing the observance of the scheme or any provisions thereof effectively or for executing any works which, under the scheme or this Act, the council [or the responsible authority] is required to execute.

 

 

(3) For the purpose of this section the [State Government] shall have the same powers of calling for records, of causing inspection to be made, and of enforcing their orders or appointing persons to enforce them as they have under sections 40 to 43 (both inclusive) of the Madras City Municipal Act, 1919 or [sections 34 and 39 of the Madras District Municipalities Act, 1920], as the case may be,

 

 

43. For the purpose the making or execution of any town-planning scheme, the municipal authorities [or the responsible authority] or person appointed by the [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 or under part VI of the Madras District Municipalities Act, 1920 as the case may be; and persons interfering with the exercise of such powers by the municipal authorities [or the responsible authority] or persons appointed by the [State Government] , their officers, servants or contactors, shall be liable to the same penalties.

 

 44 (1) The [State Government] may make rules consistent with this Act either generally or for any particulars area, to carry out all the purpose 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 particulars and without prejudice to the generality of the foregoing power, the [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 [. . . . ..] and of the draft scheme under section 11.

 

 

(b) the further particulars or plans for inclusion is schemes under section 4 [clause (r ), and section sub – section (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 coloring of such plans and all such matters;

 

(d) what streets or roads and improvements thereto provided in a town-planning schemes shall be made or carried out at the expense of the municipal council, the owners of the property or both;

 

(e) the kinds of expenditure connected with town-planning which shall be met out of current revenues and those that shall be met out of loans or other capital receipts;

 

(f) what receipt shall be credited to the town-planning fund referred to in section 30 and what expenditure shall be debited to it;

 

(g) the powers that may be delegated to the committees constituted under section 37.

[    *     *      *      *     ]

 

 

(i) the manner in which all documents and plans prepared under this Act shall be made accessible to the public;

 

 

(j) the procedure to be adopted for securing co-operation on the part of the municipal authorities with the owners or persons interested in property proposed to be comprised in a town-planning scheme by such mean as may be expedient, the summoning, presidency and procedure of such conferences and all such matters;

 

(k) the procedure to be observed by the municipal council [and responsible authority] in cases where owners commit default, or delay the carrying out of works or improvements, for carrying out such works or improvements and for recovering the cost from the owners s liable therefore;

 

 

(l) the securing of reasonable speed in the preparation or adoption of scheme by municipal councils and the procedure to be followed for enabling the [State Government] to act [ . . . . . ] in the case if default or dilatoriness [on the part of the adopting or executing a scheme and to recover from such council the expense of such action;

 

(m) the calculation, assessment and collection of the betterment contribution;

 

 

(n) the regulation if the procedure before the arbitrator;

 

(o) the delegation of powers to, and the duties that shall be discharged by, the Director and the matters on which and the manner in which he shall be consulted by municipal councils [and responsible authorities];

 

(p) [(p)  *   *   *   *   *   *   *   *  ]

 

 

(q) the accounts that each municipal council shall keep for its Town – planning fund, and their audit;

 

(r) the extent to which the proceedings and acts of local authorities under this Act shall be regulated by the provisions of any municipal or local law applicable to such authorities;

 

(s) inquiries and reports as to the beginning and the progress and completion of works and other action under any scheme;

 

 

(t) sanitary principle and building regulations to be observed in drawing up schemes;

 

 

(u) the funds which shall be transferred by the municipal council to the responsible authority, the administration of such funds, the accounts to be kept in respect thereof and their audits;

 

 

(v) matters other than those referred to in the foregoing clauses which are expressly required or allowed by this Act to be prescribed]

 

(3) in making any rule, the [State Government] may provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees]

 

 

44.-A The power to make rules under sections 38, 44 and 54 shall be subject to the condition of previous publication.

 

44.-B (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 punishable under this section, the responsible authority shall send to any person who commits or knowingly permits a breach of any such provision a notice calling on him to discontinue the breach or cause it to be discontinued or to comply with such provision of the scheme.

 

 

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

 

 

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

 

 

(ii) if the breach, neglect or failure continues after such conviction, with fine which may extend to fifteen rupees for every day during which the breach, neglect or failure continues after such conviction].

 

 

 

 

 

CHAPTER IX

Town –planning trusts

 

45. (1) When the [State Government], after consulting the municipal council decide that the interests of town-planning in any particulars areas will be best served by entrusting it to a special board, they may, by notification, in the [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.

 

46.(1) The trust shall consist of –

 

 

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

 

 

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

 

 

(c) persons appointed by the [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 association, either elected or nominated by them.

 

(3) The [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 if trustees to be appointed by the [State Government] under clause (c) of sub-section (1) and the number trustees to be elected or nominated under sub-section (2) and the bodies or associations by whom they shall be elected or nominated; Provided that the number of trustees appointed by the [State Government] shall not exceed one – third of the sanctioned strength.

 

(4) Each trustees shall hold office for five years.

 

   

47. The chairman of the trust may receive such salary or remuneration as may be sanctioned by the [State Government]. No other trustees shall receive any salary or other remuneration from the funds of the trust.

 

48.(1) The [State Government] may remove from the trust any trustees, other than an ex-officio trustees, who –

 

 

(a) refuses to act, or becomes incapable of acting, or absents himself for more than three consecutive months from the meeting of the trust or of any committee to which he is a member and is unable to explain such absence to the satisfaction of the trust, or

 

 

(b) is an undischarged insolvent or has compounded with his creditors, or

 

 

(c) has been sentenced by a criminal court to imprisonment for a term exceeding six months or to transportation, or has been ordered to find security for such sentence or order not having subsequently been reversed or remitted or the offender pardoned, or

 

 

(d) has knowingly acquired or continued to hold with the permission in writing of the [State Government] directly or indirectly or by a partner, any share or interest in any contract or employment with, by or on behalf of, the trust, or

 

 

(e) has knowingly acted as a trustee in a matter other than a matter referred to in clause (iv) or clause (v) of the proviso to this sub-section in which he or a partner had professionally interested on behalf of a client, principal or other person , or

 

 

(f) being a legal practitioner, in any suit or other proceeding, acts or appears on behalf of any other person against the trust or acts or appears on behalf of any other person in any criminal proceeding instituted by or on behalf of the trust.

 

 

Provided that a person shall not be deemed for the purpose of sub-section (1) to acquire, or continue to have, any share or interest in a contract or employment by reason only of his –

 

 

(i) having a share or interest in any lease, sale or purchase of land, or building, or in any agreement for the same, provided that such share or interest was acquired before he became a trustee, or

 

 

(ii) having a share in a joint stock company which shall contact with or be employed by or on behalf of, the trust, or

 

 

(iii) having a share or interest in a newspaper in which an advertisement relating to the affairs of the trust is inserted, or

 

 

(iv) holding a debenture or otherwise being interested in a loan raised by, or on behalf of, the trust, or

 

 

(v) being retained by the trust as a legal practitioners.

 

 

(vi) having a share or interest in the occasional sale of an article, in which he regularly trades, to the trust to a value not exceeding, in anyone year, such amount as the trust, with the sanction of the [State Government], may fix in this behalf.

 

(2) The [State Government] may remove from the trust a trustee who in their opinion has so abused his position as a trustee as to render his continuance as a trustee detrimental to the public interest :

   

Provided that when the [State Government] propose to take action under the foregoing provisions of this section an opportunity of explanation shall be given to the trustee concerned , and, when such action is taken, the reasons there for shall be placed on record.

 

 

49.(1) A trustee removed under clause (a) or clause (c) of sub – section (1) of section 48, or under sub-section (2) of that section, shall not be eligible for further election or nomination for a period of three years from the date of  his removal.

 

(2) A trustee removed under clauses (b) of sub-section (1) of section 48 shall not be so eligible until he has obtained his discharged or has paid his creditors in full, as the case may be.

 

(3) A trustee removed under any other provision of section 48 shall not be so eligible until he is declared to be no longer ineligible, and he may be so declared by an order of the [State Government].

   

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

 

(2) A trust constituted under this chapter shall be deemed to be a local authority, as defined in the Local Authorities Loans Act, 1914, for the purpose of borrowing money under the provisions of that Act, and the making and execution of a scheme under this Act shall be deemed to be a work which a local authority is legally authorized to carry out.

 

 

50. A .The municipal council in whose area a trust operates shall annually to the trust amount as may be agreed on between them or as may be fixed by the [State Government]

 

51.(1) If the trust fails to repay any loan taken in pursuance of section 50 or any interest or costs due in respect thereof, according to the conditions of the loan, the Accountant General of Madras shall make such payment;

 

and the chairman of the municipal council shall forthwith pay from the municipal fund to the said Accountant General a sum equivalent to the sum paid by him.

 

 

and the [State Government] may attach the income of the trust and thereupon the provisions of section 5 of the Local Authorities Loans Act, 1924, shall with all necessary modifications, be deemed to apply.

 

 

 

(2) Whenever the chairman of a municipal council has made any payment to the Accountant – General under sub –section (1) the [State Government] shall, so far    as possible, reimburse the municipal council out of the income attached under that sub – section.

 

52.(1) Whenever the municipal council is satisfied (a) that any street laid out or altered by the trust has been duly levelled, paved, metalled, flagged, channelled, sewered, and drained in the manner provided in the scheme sanctioned by the [State Government] under this Act, and

 

 

(b) that such lamps, lamps – posts and other apparatus as the municipal council may consider necessary for the lighting of such street and as ought to be provided by the trust have been so provided, and

 

 

(c) that water and other sanitary conveniences ordinarily provided in a municipality have been duly provided in such street, the municipal council, after obtaining the assent of the trust, or failing such assent, the assent of the [State Government] under sub-section (3) shall by a written notice affixed in some conspicuous position in such street, declare the street to be a public street; and the street shall thereupon vest in the municipal council, and shall thenceforth be maintained, kept on repair, lighted and cleansed by the municipal council.

 

(2) when any open space for purpose of ventilation or recreation has been provided by the trust in executing any scheme, it shall, on completion be transferred to municipal council by resolution of the trust and shall thereupon vest in, and be maintained at the expense of the, municipal council.

 

 

Provided that the municipal council may require the trust, before any such open space is so transferred, to enclose, level, turf, drain and lay out such space and provide footpaths therein, and if necessary, to provide lamps and other apparatus for lighting it.

 

(3) If any difference of opinion arises between the trust and the municipal council in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the [State Government] whose decision shall be final.

 

 

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

(2) From the said date –

 

 

(a) all properties, funds and dues which are vested in or realizable by the trust and the chairman, respectively shall vest in and be realizable by the municipal council and the chairman of the council, respectively; and

 

 

(b) all liabilities which are enforceable against the trust shall be enforceable only against the municipal council. and

 

 

(c) for the purpose of completing the execution of any scheme sanctioned under this Act , which has not been fully executed by the trust, and of realizing properties, funds, and dues referred to in clause (a) the functions of the trust and the chairman under this Act shall be discharged by the municipal council and the chairman of the council, respectively.

 

 

54.(1) The [State Government] shall have power [. . . . . . ], to make rules not inconsistent with this Act and applicable to all trusts or to any trust –

 

 

(a) as to the election , nomination and appointment of trustees, and the commencing of their terms of office;

 

 

(b) as to the resignation by trustees of their offices, and the filling of causal vacancies;

 

 

(c) as to the meeting of the trust, the procedure to be followed in summoning, adjourning and conducting the proceedings of such meetings;

 

 

(d) as to the constitution of committees of the trust and the functions that may be delegated to them;

 

 

(e) as to the officers and servants who may be employed by the trust, the authority by whom they may be appointed and punished, the salaries of such officers and servants and the institution, where necessary, of a provident fund or gratuity system for their benefit.

 

 

(f) as to the accounts to be kept and the returns to be submitted by the trust;

 

(g) as to the manner in which the accounts of the trust shall be audited and published and as to the powers of auditors in respect of disallowance and surcharge.

 

 

(h) as to the making and execution of contracts on behalf of the trust.

 

 

(i) as to the mutual relations, financial and other of a trust and local authorities; and

 

 

(j) generally for the guidance of trusts and public officers in all matters connected with the carrying out of the provisions of this Act.

 

(2) Every trust may from time to time, with the previous sanction of the [State Government] make by – laws consistent with this Act and with any rules made there under for carrying out the purposes of this Act.

 

 

 

 

CHAPTER X

TRANSFER OF PROCEEDINGS

 

 

 

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

 

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

 

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

 

(4) When making a transfer of proceeding under subsection (1) the [State Government] may direct the authority to whom the transfer is made to reimburse the authority from whom the transfer is made the net expenditure which the last mentioned authority may, up to the date of such transfer have incurred on such proceedings.

 

(5) From the date specified in the notification under sub-section (1) all rights and assets which, for the purposes of the proceedings transfer by such notification are vested in , such all obligation and liabilities which for the same purpose are enforceable against the authority from whom the transfer is made shall vest in or be enforceable against the authority to whom the transfer is made]

 

 

 

PART 1

 

Special Town – planning committee

 

 

Definitions

 

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

 

(a) “committee” means the special town-planning committee, concerned, appointed by a municipal council under section 37.

 

(b) member means a member of a special town –planning committee and

 

(c) president means in the case of the Corporation of Madras, the chairman of the standing committee for town – planning and improvements and in the case of any other municipal council, the president of the special town – planning committee concerned.

 

 

Constitution of the committee

 

2. (a) (i) The Corporation of Madras may, by resolution, appoint the standing committee for town-planning and improvements referred to in sub-section (1) of section  6 of the Madras City Municipal Act, 1919, as the special town-planning committee under section 37 of the Madras Town-planning Act 1920.

 

 

(ii) Nothing contained in rules 3 to 9, 11 to 15, 19 and 21 of these rules shall apply to the committee appointed under clause (i)

 

 

(iii) The Corporation of Madras may, by any time, with the concurrence of the State Government, by resolution, declare that the standing committee for town planning and improvements shall cease to be the special town-planning committee under section 37 of the Madras Town – planning Act, 1920.

 

 

(b) in the case of a municipality constituted under the Madras District Municipalities Act, 1920, unless the State Government otherwise direct, not more than six members of the municipal council ( of whom the chairman of the municipal council shall ex officio be one) shall be appointed as members of the special town –planning committee under section 37 of the Madras Town – planning Act 1920.

 

 

3. As soon as the committee has been formed, the chairman shall report to the Government through the Director, the names of the members for their information.

 

 

Term of office of members

 

4.(a) A member of the committee who is a municipal councillor (not being the Mayor of the Corporation or the chairman of the municipal council, as the case may be) shall hold office, unless he sooner resigns, until his term of office as councillor is in any manner determined .

 

(b) A member of the committee who is not a municipal councilor shall hold office unless he sooner resigns -

 

(i) if the committee was constituted by the Corporation of Madras for a period of three years and

 

 

(iii) if the committee was constituted by any other municipality until the term of office of the members of the committee who are municipal councillors, expires otherwise than by resignation, death or disqualification.

 

 

Filling up of vacancies

 

5. when a vacancy occurs in the committee, the municipal council shall fill up the vacancy as soon as may be by the appointment of another member and report the name of the member to the Government through the Director for their information.

 

 

6. All the provisions of the Madras District Municipalities Act, 1920 or the Madras City Municipal Act 1919, as the case may be relating to the duties, powers, liabilities, disqualification and disabilities of councilors shall so far as may be and save as otherwise provided in these rules, be applicable to the members of the committee who are not municipal councilors.

 

 

 

 

President of the committee

7. (a) The committee shall at its first meeting elect one if its members to be its president. The term of office of the president shall, unless he sooner resigns, expire on his ceasing to be a member of the committee.

 

(b) On the occurrence of a vacancy in the office of the president, the committee shall, at its next meeting, elect a new president.

 

(c) When the office of president is vacant, any three members of the committee may, after giving seven clear days notice to the other members convene a meeting for the election of a president.

 

Rules and regulation for the proceeding of the committee

 

8. (a) The committee shall observe the procedure laid down below, provided, however that the municipal council may make supplementary regulations consistent therewith and with these rules for the conduct of the proceedings of the committee and also for the maintenance of order at its meetings.

 

(b) The committee shall meet at the municipal office at least once a month on such day and at such hour as the committee may from time to time determine.

 

(c) The president may at any time call a meeting of the committee and shall do so within forty – eight hours of the receipt of a requisition signed by the chairman or by three members of the committee and stating the business to be transacted.

 

(d) No business shall be transacted at any meeting of the committee unless at least three members are present.

 

(e) All questions shall be decided by a majority of the members present, and voting, the president having a second or casting vote when there is an equality of votes.

 

(f) Minutes of the proceeding at meetings of the committee shall be entered in a book kept for the purpose and shall be signed by the president. The minutes books shall be place before the municipal council at such time as it may appoint.

 

(g) In any case in which the committee and any standing or other committee of the municipal council have passed conflicting decisions, the Commissioner of the Corporation Madras or the executive authority of the municipality, as the case may be, shall place the matter before the municipal council for final decision and pending such decision, all action in regard to the matter at issue shall be withheld.

 

(h) Any members other than the ex-officio members who fails to attend four consecutive meetings shall comes to be a member ,but may be reinstated by the municipal council.

 

(9) The president shall preside at meeting of the committee and in his absence a member shall be chosen by the meeting to preside for the occasion. The member presiding at a meeting on the committee shall for that meeting have all the powers of and be subject to all the obligations of the president.

 

(10) [Omitted]

 

Removal of members

 

(11) With approval of the Government, the municipal council may, as resolution supported by not less than one-half of the sanctioned strength of the council, remove from the committees any member (other than the ex-officio member) who –

 

 

(a) refuse to act or becomes incapable of acting, or

 

(b) in the opinion of the municipal council has so abused his position as member as to render his continuance on the committee detrimental to public interest.

   

12. A member removed under rule 11 shall not be eligible for re-appointment for a period of one year from the date of his removal.

 

Duty of executive authority shall carry out resolutions of the committee.

 

13. the executive authority shall be bound to give effect to every resolution of the committee, unless such resolution is cancelled in whole or in part by the municipal council.

 

 

14. every members shall have access during office hours to such of the records of the municipal council as relate to any matter with which the committee is empowered to deal, after giving due notice to the executive authority:

 

Provided that the executive authority may for reasons given in writing  refuse such access. The member may appeal against such refusal, in the case of the Corporation of Madras, to the Mayor of the Corporation and the case of any other municipality to the municipal council through the executive authority. The decision of the Mayor of the municipal council as the case may be, shall be final.

 

15.(1) The committee may in connection with any matter with which it is empowered to deal at any time required the executive authority –

 

 

 

(a) to produce any record, correspondence, plan or other document which is in his possession or under control as executive authority; or

 

 

(b) to furnish any return, plan, estimate, statement, account or statistics.
 

 

(2) The executive authority shall comply with every such requisition unless in his opinion immediate compliance therewith would be prejudicial to the interests of the municipal administration or of the public, in which case he shall make a declaration in writing to that affect and shall, if required by the committee, refer the question to the municipal council whose decision shall be final.

 

16. The committee-

 

(i) shall have access to the accounts relating to the town-planning or any other fund with which it may be concerned and may require the commissioner of the Corporation of Madras or the executive authority of the municipality ,as the case may be, to furnish any explanation which it considers to be necessary as to the credits and debits of such fund ;

 

 (ii) may call the attention of the Commissioner of the Corporation of Madras or the executive authority of the municipality , as the case may be, to any neglect in the execution of the works , to any misuse of municipal property , or to any requirements in any area in regard to which a town- planning scheme is in preparation or has been sanctioned and may suggest any improvements , alterations or modifications , which may appear desirable; and


(iii) may appoint individual members to inquire into and report on any of the matters which the committee is concerned with under the Act and the rules there under ;

 

Submission of progress reports on town – planning schemes

 

 

17 (1) As soon as may be after the 1st April every year and not later than the 1st May the committee shall submit to the Municipal council a detailed report of the town- planning schemes under consideration and preparation during the previous financial year . The municipal council shall consider the report and forward the same together with its resolution thereon, if any, to the Government through the Director.

 

(2) As soon as may be after the 1st April every year and not later than the date as may be fixed by the municipal council, Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be ,shall submit to the committee an annual report of the execution of sanctioned town planning schemes during the previous financial year. The shall without delay, consider the report and submit the same to with its remarks to the municipal council which shall in turn forward all the papers together with its resolution thereon , if any , not later than the 15th May to the Government through the Director.

 

 

 

Municipal council’s power to call for records of the committee

 

 

18. The municipal council may at any time call for an extract from the proceedings of the committee or for any return , statement, account or report connected with any matter with which the committee is empowered to deal and every such requisition shall be complied with by the committee.

 

  

Dissolution of committee

 

 

19. If the municipal committee is of opinion that the continuance of the committee is necessary , it may , with the concurrence of the Government , by resolution declare that the committee shall be dissolved from such date as may be specified in such resolution and the committee shall thereupon be deemed to be dissolved accordingly.

 

Submission of copies of proceedings and resolutions to the municipal council and power of the municipal council to cancel resolution

 

 

20. (1) The president shall submit to the municipal council copies of all proceedings and resolutions of the committee.

 

(2) The municipal council may , at any time , by resolution , cancel any resolution of the committee in whole or in part , if such resolution is in excess of the powers of the committee:

 

 

Provided that before taking any action under this sub-rule, the municipal council shall communicate to the committee the grounds on which it proposes to do so , fix a reasonable period for the committee to show cause against the proposal and consider its explanation and its objections , if any:

 

 

Provided further that if so required by the committee, the municipal council shall refer the matter to the Government for decision

 

 

Municipal council’s power to direct taking of action

 

21.(1) If the municipal council is of opinion that the committee is not competent to perform or persistently makes default in performing its duties or has been performing its duties in an imperfect , inefficient or unsuitable manner or exceeds or abuses its powers , the municipal council may by resolution declare that the committee shall be dissolved from such date as may be specified in such resolution and the committee shall thereupon be deemed to be dissolved accordingly:

 

 

Provided that before taking any action under this sub-rule the municipal council shall communicate to the committee the grounds on which it proposes to do so, fix a reasonable period for the committee to show cause against the proposal and consider its explanation and objections, if any:

 

 

Provided further that if so required by the committee the municipal council shall refer the mater to the Government for decision

 

(2) As soon as possible after the said date the municipal council shall proceed with the reconstitution of the committee in the prescribed manner:

 

   

Delegation of powers to the committee.

 

 

22. Subject to the above rules, the municipal council may delegate to the committee any powers which under the provisions of the Act ,the rules there under or a town planning scheme are reserved for a decision of the council. Such powers may include the following:-

 

(1) The investigation and preparation of and report to the council on the general town planning scheme:

 

(2) The consultation with owners, the convening of meetings of such owners and preparation of draft town-planning schemes and all matters incidental to such preparation, including the taking of written agreements from the owners:

 

(3) Disposal of applications presented under section 17;

 

(4) The investigation of, and report to the council on , objections and suggestions received under section 14(1);

 

 

 

 

(5) The investigation of, and report to the council on , the question of reconstitution and redistribution of boundaries of plots included in town planning schemes , of claims of compensation or betterment levy;

 

(6) The direction and supervision of the execution of the town planning schemes and the enforcement of the regulations there under;

 

(7) In general , any matter , relating to a particular scheme or to the town-planning of the town as a whole which the municipal council may by resolution delegate to the committee subject to these rules.

 

 

 

PART II

 

Preparation and sanction of General and Detailed Town – planning schemes

 

A General town planning schemes

 

23. The preparation of a general town planning scheme under section 8 shall be undertake in consultation with the Director.

 

24. the commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be shall cause to be prepared –

 

(i) a general town map (called Map No. 1) drawn to a scale of not less than 8 inches to 1 miles showing

 

 

(a) the boundaries of the municipality and of the area for which the scheme is proposed ;

 

(b) all streets, public and private, railways, tramways and bus routes – the average width of main streets should be noted ;

 

(c) buildings used for public or religious purposes ;

 

(d) lands belonging to the Government, to the municipality of other public bodies and to religious institutions;

 

(e) burial and burning grounds;

 

(f) bazaars, industrial and commercial buildings and residential areas;

(g) tanks, rivers, canals, channels, drain and public wells;

 

 

(h) public latrines;

 

(i) dry and wet cultivation, garden, waste and rocky land;

 

(ii) an explanatory note giving-

 

(1) such information as may be considered desirable with respect to Map No. 1;

 

(2) information with respect to land values in different localities;

 

(3) requirements of the town with respect to

 

 

(a) housing

 

(b) education and recreation

 

(c) public health and sanitation

 

(d) industrial sites, markets and remunerative enterprises, and

 

(e) roads, communication and traffic; and

(4) any proposals for the exclusion of any part of the municipality from the scheme for the inclusion of any area in the vicinity of the municipality in the scheme;

(iii) a map (called Mp No. II) showing proposal that


(1) have been adopted or,

(2) are under consideration or,

(3) have been made from time to time or

(4) are necessary or desirable for meetings the requirements specified in sub-clause 3 of clause (ii).

Provided that where the proposals to be shown in Map No. II may be include in Map No. I without determent to the clarity of that map, Map No. II may be dispensed with.

25. (1) Maps No. I and II together with the explanatory not e referred to in clause (ii) of rule 24 shall be submitted to the Government through the Director and the Government shall return the same to the council with Director and the Government the same to be council with.

(i) their opinion as to

(a) the boundaries of the area for which a general town – planning scheme should be made;
(b) the proposals that should be included in the scheme;
(c) proposals which should be taken up before publication of the general town-planning schemes under rules 27 and 28; and

(ii) any other suggestions they may think fit to make in regard to the development and improvement of the area.

(2) the modifications necessary in the opinion of the Government shall be shown either on a separate map or by alterations in Map No. II. Such separate map or Map No. II as so altered shall be called Map No. III.

Matters that may be dealt with in a scheme.


26. a general town-planning scheme shall provide for the following matters to the extent necessary to secure a settled policy and plan for the improvement and development of the town generally and to control both municipal and private activities connected therewith :-

(a) the construction, diversion, extension alteration, improvement or closure of streets, roads and communication, to the extent required for the needs of the public generally;

(b) the reservations of land for streets, roads, open spaces, recreation grounds and sites for public buildings;

(c) the determination of what shall be residential, commercial industrial  and hutting areas;

(d) the preservations of objects and buildings if archeological or historic interest or of nature beauty or which are actually used for religious purposes or regarded by the public with special religious veneration:

(e) the prescription of building line and street alignments;

(f) the imposition of house density restriction in different part of the area included in the general town-planning scheme; and

(g) any other matters mentioned in section 4, the inclusion of which may be consider desirable.

27. the draft general town-planning scheme prepared by the municipal council shall be published on the notice board of the municipal office as a notification in Forms No. I

28. A notice in Form No. 2 shall also be published

(i) on the notice board of the office of every local authority within whose limits any portion of the proposed to be include in the scheme is situated.

(ii) in the Fort St. Gazette in case the whole or any portion of the area proposed to be included in the scheme is situated in the City of Madras and in the district gazette concerted in case whole or any portion of such area is situated in any district outside the City of Madras and

(iii) in one or more newspapers circulating in the district or districts in which such area is situated

Submission of scheme for sanction


29. the draft general town-planning as finally prepared by the municipal council shall be submitted in duplicate to the Government through the Collector of the district concerned, the Board of Revenue and the Director with a report dealing with the objects and intention of the scheme and the works, if any, proposed to be executed in accordance with the scheme.


Duty to comply with scheme after sanction

30. every draft town-planning scheme prepared under section 9 to 14 shall follow or confirm to the general town-planning scheme sanctioned by the Government and as for the time being in force.

31. from the date of sanction of the general town-planning scheme by the Government no permission shall be given by the municipal council or the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, to any owner of lands or building in the area affected by the scheme or to any person-

(i) to construct or reconstruct or in any way alter or add to any building or work or carry out a contract in respect of land within the area included in such scheme unless it conforms to the requirements thereof; or

(ii) to construct or reconstruct building in any areas in which building expressly forbidden by the scheme.



B. Detailed town-planning schemes- resolution to make or adopt a scheme.



32. (a) the resolution of a municipal council under sub-section (1) of section 9 deciding to prepare or adopt a scheme shall describe the area proposed to be included in the scheme by boundaries or by ward, block and survey numbers.

(b) the plan prepared under the said sub-section which shall be called Map No. I shall be drawn to a scale not less 8 inches 1 mile.

33. (a) the notification under sectiopn10 which shall be called notification No. I shall be in Form No. 4 and shall be published on the notice board o the office of the municipal council.


(b) within fifteen days of the date of publication notification
No. 1-

(i) a copy of the notification and Map No. I shall be sent by the commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, to the Director; and

(ii) where the proposed scheme include any area outside the municipal limits the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, shall apply to the local authority concerned for its concurrence to such inclusion and send it a copy of the notification and of Map No. 1.

34. a notice in Form no 5 shall also be published within fifteen days of the date of publication of Notification No. 1 under rule 33
(i) on the notice board of the office of every local authority within whose limits any portion of the area proposed to be included in the scheme is situated;

(ii) n the Fort St. George Gazette in case the whole or any portion of the area included in the scheme is situated in the City of Madras and in the district gazette concerned in case the whole or any portion of such area is situated in any district outside the City of Madras; and
(iii) in one or more newspapers circulating in the district in which such area is situated.

(b) after the issue of a notification under section 10, the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, shall send a notice to every owner who is concerned, drawing his attention to the provisions of section 17.

Preparation of layout plan and draft scheme.

35. (1) After the publication of the notification under section 10, the council shall , in consultation with the Director, prepare a layout plan and a draft town-planning scheme.

(2) Every draft scheme shall, in addition to the particulars specified in section 13, contain the following particulars, namely:-

(a) lands belonging to the Government for the purposes of the Government and to the council;

(b) the areas in respect of which restrictions, if any, are proposed as regards-
(i) the character of buildings to be erected, whether residential buildings, public buildings, business premises, factories or workshops.

(ii) The density of buildings, that is, the number of dwelling houses to the acre or the minimum size of house-sites or both, and

(iii) Open spaces, recreation grounds and areas where buildings are prohibited; and

(c) levels taken, if any, of the area included in the draft scheme and the levels of the surrounding lands.

36. (1) The municipal council shall convene meetings of owners of lands and buildings in the area affected by the proposed scheme.

 (2) Notice of every such meeting shall, not less than ten days before the date of meeting,
 

(a) be published on the notice board of the municipal office, and

(b) subject to the provisions of sub-rule

(3) be sent in the manner prescribed therein to all persons known or believed to have rights in any and or building in the area included in the proposed scheme and to other persons known or believed to be affected by the scheme :

Provided that it shall not be necessary to send a notice to tenants those leases expire within a year of the date of the municipal council’s declaration of intention to make or adopt a scheme. In the case of Government land or building such notice shall be served on the District Collector.

(3) (a) The sending of the notice referred to in clause 

(b) of sub-rule

(2) to any person mentioned therein shall be effected-

(i) by giving or tendering the notice to such person; or

(ii) if such person is not found, by leaving the notice at his last known place of abode or business or by giving or tendering the notice to some adult member or servant of his family; or

if such person does not reside in the municipality and his address elsewhere is known to the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, by sending the same to him by post registered or

if none of the means aforesaid be available by affixing the notice on some conspicuous part of such place of abode or business.

(b) When such person is an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier in the notice, and in the case of joint owners or occupiers, it shall be sufficient to send the notice to one of such owners or occupiers.

(4) At such meetings the proposed scheme shall be generally described and explained and a minute of each meeting shall be kept.

(5) Where the number of persons likely to be affected by the scheme as large, the municipal council shall, where possible, promote the formation of one or more committees of such persons or representatives of such persons for the purpose of explaining the scheme to landowners and for the purpose of discussion and consultation with them.


Particulars or plans specially required.

37. The proposals, if any, made in a scheme for the reconstitution of plots o the redistribution of boundaries shall be-

(i) summarized in a statement in Form No. 6, and

(ii) illustrated by the following subsidiary plans which shall be called Maps (a), (b) and (c) and each of which shall be on a scale either of 264 or 132 or 66 feet to the inch-

(a) Map (A) showing the original plots bearing the same numbers as in the statement in Form No. 6 and all existing buildings;

(b) Map (B) showing both each the original plots and the manner in which it is proposed to alter the boundaries of such plots; and

(c) Map (C) showing the boundaries as they will appear if the scheme as proposed is finally sanctioned, such plots bearing the same numbers as in column (7) in Form No. 6.

38. the following statements shall also be prepared:-

(i) a statement in Form No. 7 showing the ownership and extent of lands included in the scheme;

(ii) a statement new Form No. 8 showing :-

(a) the proposed new streets; and

(b) the proposed widening pf existing streets;

(iii) a statement in Form No. 9 showing the lands proposed to be acquired ; and

(iv) a statement in Form No. 10 showing the lands proposed to be reserved under clauses (k) of section 4

39. the estimate of the cost of the scheme required by clause (f) of section 13 shall be prepared in form No.11 and the draft scheme shall state in detail how the scheme is proposed to be finance and the amount of, and the  time at which, loans, if any, are required.


Approval or adoption of scheme by council

40. A copy of every draft scheme with all its enclosures and the maps prepared in connexion therewith shall be sent by the commissioner of the corporation of Madras or the executive authorities of the municipality, as the case may be, to the

Director with and intimation of the date on which the municipal council will meet for considering whether the draft scheme should be approved or adopted, a the case may be, and published under section 11, such date not being earlier than fifteen days from the date of such intimation. The municipal council shall at such meeting consider the suggestion, if any, received in the meanwhile the Director.

Publication under section 11.

41. the draft scheme as approved or adopted by the municipal council shall be published under section 11 in the notice board of the municipal office by a notification which shall be called Notification No. 2 and shall be in Form No. 12.

42. Notification No. 2 shall be accompanied by the plan required by clause (a) of sub-section (1) section 13, which shall be called Map No. 2 and shall be drawn to a scale of not less than 264 or 132 or 66 feet to the inch and shall, as far as possible, illustrate by means of colours, letters and explanatory notes or in some other convenient manner the details of the scheme among which the following shall be include:-

(a) the area included in the draft scheme-

(b) Boundary of the area include in the Crimson lake or vermilion
Scheme (inner edge of boundary)

(b) New streets, roads or lanes, and widening existing streets, etc
To be made by council .. .. Burnt sienna (was)
Do Owners .. .. Light red (wash)

(c ) Existing streets, road or lanes , rivers, drains etc and any modifications thereof-
public streets, roads or lane .. Yellow ochre (wash)
Private streets, road or lanes.. .. Gamboges (wash)
Streets proposed to be stopped or Yellow ochre (hatched) diverted.
Rivers, channels, drains and tanks .. Blue (wash)
Rivers, channel, drains and tanks Blue (hatched) where abandoned.

(d) Lands allotted or reserved under clause (k) of section 4, if any –
Proposed business and commercial.. Crimson lake (hatched)
Proposed light industrial.. .. Violet or gray (hatched)
Proposed heavy industrial.. .. Violet or gray (wash)
Publish open space and parks.. Green (wash)
Private open space and parks.. .. Green (hatched)

(e) Building line … .. … .. Chain dotted lines.

(f ) Proposed residential areas .. .. Crimson lake (wash)

(g) The areas in respect of which restrictions, if any are proposed as regards –

(i) Character of building to be erected, whether residential houses, public buildings, business, factories or workshops;

(ii) Density of buildings (that is the number of dwelling houses to the acre);

(h) Levels taken, if any, of the acre include in the draft scheme and the levels of the surrounding lands.

The Director may, for any special reasons, permit the employment of any scales or colors different from those specified in this rule.

43. A notice in Form No. 13 shall be published –

(i) on the notice board of the office of every local authority within of the area proposed to be included in the scheme is situated .

(ii) in the Fort St.George gazette in case the whole or any portion of the area proposed  to be included in this scheme is situated in the City of Madras and in the district gazette concerned in case the whole or any portion of such area is situated in any district outside the City Madras and

(iii) in one or more newspapers circulating in the districts in which such area is situated

A copy of such notice shall also be posted up in one or more conspicuous places in or near such area.


Objections and suggestion to be sent to Director for advice

44. Not less than fifteen days before the date fixed for the meeting of the municipal council under section 14 for considering and passing the draft scheme, the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, shall send to the Director a list in Form No. 14 all objections and suggestions received and any advice as to their disposal received from the Director before the date of meeting shall be considered by the council.

Submission of scheme for sanction

45. the scheme as modified with reference to the resolution passed at such meeting shall be submitted to the State Government through the District Collector, the Board of Revenue and the Director and shall be accompanied by three copies of a fresh plan which shall be called Map No. 3 prepared with reference to the modifications which the municipal council may in such resolution have order. Where no modifications are required in Map No. 2, the latter shall be called Map No. 3 also. Where it is more convenient to do so, Map No. 2 may be corrected with reference to the modifications ordered, the modifications being indicated clearly in distinctive colour or otherwise; and Map No. 2 as so corrected shall also be called Map No. 3 A copy of the scheme as so modified with Map. No. 3 shall be sent separately to the Director of Town –planning.

46. the fact of such submission shall be published by a notice in Form No 15 –

(i) on the notice board of the municipal office; and

(ii) in the fort St. George Gazette in case the whole or any portion of the area included in the scheme is situated in the City of Madras and in the district gazette concerned in case  the whole or any portion of such area is situated in any district outside the City of Madras.

47. the District Collector concerned shall have the particulars specified in the scheme and the maps and schedules attached thereto verified and forward the same together with his remarks to the Government through the Board of Revenue and the Director.

48. if the Government have ordered any material modifications in the scheme submitted by the municipal council, a fresh map called map No. 4 shall be prepared embodying such modifications. Otherwise Map No. 3 as corrected with reference to the modification, if any, shall also be called Map No. 4.

C. TOWN –PLANNING SCHEME UNDER SECTION 12

49. Any notification of the Government under section12, published in the Fort St. George Gazette, shall be republished by a notice in form No 16.

(i) on the notice board of the office of the municipal council.

(ii) on the notice board of the office of every local authority within whose limits any portion of the area include in the scheme is situated; and area is situated.
 

(iii) in one or more news papers circulating in the district in which such area is situated.


50. The rules contained in Part B, except rules 32 to 34, shall, as far as may be, apply to schemes required to prepare under section 12.

50 A
. (1) Within one month from the date of publication of notification under section 10 on the notice board of the office of the municipal council, or under section 12 in the Fort St. George Gazette, as the case may be, the commissioner of the Corporation of Madras or the executive authorities of the municipality, as the case may be, shall –

(i) sign a copy of such notification, specifying the date his signature, the land or lands to which it relates, and survey number or numbers comprised therein; and

(ii) present the copy so signed or cause it to be presented for registration as soon as possible after such signature, but in any case within the time – limit specified in part IV of the Indian Registration Act. 1908.

(2) In the case of any such notification published before the 16th July 1948 which has not been registered under the said IV, the Commissioner, or the executive authority shall, if necessary, sign a fresh copy of the notification within one month from the date aforesaid, and present such copy or cause it to be presented for registration within the time –limit specified in part IV aforesaid for the registration of such copy.

 


D. Submission of progress report of schemes

51. every municipal council shall submit to the Government through the Director every year –

(i) a progress report in Form No. 3 not later than the 15th May, on the progress made ion the preparation of a general town – planning scheme during the year preceding ; and

(ii) progress reports in Forms No. 17 and 18, not later than the 15th May in respect of all other schemes, whether sanctioned, pending sanctioned. Or under preparation during the year preceding.


PART III

Arbitration


                                       Notice of appointment of arbitrator


52. the arbitrator shall, on his appointment by the Government, give notice of the date on which he will commence his duties and the place at which he will hold his office and to which all correspondence relating to the scheme should be addressed. The notice shall be affixed to the notice board of every local authority within whose limits any portion of the area included on the scheme is situated and shall also be posted up in two or more conspicuous place in or near such area. The notice may also be published in one or more newspapers circulating in the district in which such areas is situated.

                                          Reconstitution of plots

53. (1) With reference to the proposals, if any for reconstitution of plots contained in sanctioned scheme or made before him in pursuance of such scheme and within the time fixed therein, the arbitrator shall serve a notice on every person affected and on the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, or president of every local authority interested in such reconstitution. Such notice shall state the particulars of the proposals made under section 5 and the date on which the arbitrators will take them in to consideration. in the case of Government lands, such notice shall be served on the District Collector.


(2) (a) the arbitrator shall give public notice at convenient place is or near the lands concerned of the date on which he will commence the demarcation of reconstituted plots and the areas allotted to or reserved for the purpose mentioned in clause (k) of section 4.

(b) he may also issue a certificate specifying the area and boundaries of a reconstituted plot, the nature of the tenure of and the owner’s title to such plot and the name of the person or authority to whom the plot has been allotted by him.

Claims for compensation

54. (1) claims for compensation under section 20 shall be made within the time specified in the scheme-

(a) to the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be during the interval between the sanctioning of the scheme and the appointment of the arbitrator, and

(c) to the arbitrator after his appointment

All claims received by the Commissioner of the Corporation of Madras or the executive authority of the municipality as the case may be shall be transferred to the arbitrator for disposal.

Claims shall either be presented in person or sent by registered post. Every claim shall state clearly the facts on which it is based and shall be verified in the manner prescribed for the verification of pleadings in the Code of Civil Procedure, 1908.

(2) the arbitrator shall fix a day or days for the hearing of the claims and give notice their off to the claimants the local authority or any other person or authority who in his opinion is interested their in

(3) on the day or days so fixed the arbitrator shall proceed to inquire in to the claim shall take such evidence as may be adduced on behalf of the persons or authorities interested and record a decision as to whether the claim should be allowed or rejected. In cases where he allows a claim in whole or inpart the decision shall also state clearly.


(a) the description of the property injuriously affected:

(b) the nature of the injurious affection

(c) the amount of the compensation awarded :and

(d) the person entitled to receive such compensation

(4) In any proceeding before the arbitrator, the recording of the evidence shall be in English, but if any witness is required to sign a deposition and he is unacquainted with English interpretation of the statement recorded should be made to him in the language with which he is acquainted before he is called upon to sign the deposition.

(5) the arbitrator’s decision shall be entered in a register in Form no. 19.

 

 

Levy of betterment contribution.

 

55. (1) where a scheme provides for the levy of a betterment contribution, the council shall, within the time, if any, limited by the scheme, file before the arbitrator a claim in Form No. 20.

 

(2) The arbitrator shall give notice to the owner of every property in respect of which such claim is made of the day or days on which he will hold an enquiry in respect of

 

 

(a) the liability of the land to a betterment contribution and

 

 

(b) the value of the land on the date of notification under section 10 or section12.

 

(3) The arbitrator shall enter the particulars of decision in columns (7) to (10) of a register in Form No.21

 

55. A.

(1) A Party who desires the attendance of any witness before the arbitrator shall submit to the arbitrator a list in Form No.21-A of the persons whose attendance he requires stating the full name, residence and description of each person and whether he is required to give evidence as an expert or otherwise or to produce any document, and in the latter case specifying the date, if any, and the description of the document so as to identify it and shall with such list deposit in the arbitrators office the fee for the service of summons specified in sub – rule (2) and the total amount of allowance to which the said persons would be entitled for traveling when summoned as witness by the amount of small causes.

 

(2) The fee for the service of summons on a witness or of a notice on a party shall be four annas.

 

56. 

(a) All notices required to be served upon or given to any person under rule 53,54,or 55 shall be served as nearly as may be in the manner laid down in the Code of Civil Procedure, 1908,for the service of a summons on a defendant.

 

 

(b) The arbitrator shall give to all persons affected by the scheme a reasonable opportunity to state their views and shall take such views, if any into consideration before coming to a decision.

 

(c) The arbitrator shall communicate his decision to the parties concerned by registered post or in such other manner as he may find convenient.

 

   

56-A. Where a minor or a person of unsound mind is a party to a claim before the arbitrator, the procedure laid down in order XXXII of the First schedule to the code of Civil Procedure, 1908, shall be applied.

 

 

56- B. All notices, proceedings and decisions of the arbitrator shall be issued with a seal affixed thereon as follows:

 

 

“Arbitrator…………………………….Town-planning Scheme of “.

 

 

57. ,A register showing the assessment and collection of betterment contributions shall be maintained in Form No.22. It shall be divided in to the parts, one part being allotted to each scheme. In each part, a separate page shall be allotted to each property liable for betterment contribution.

 

 

58. The Market Value of the properties liable to betterment contribution in each of the financial years following that in which the scheme takes effect shall be determined by the Commissioner of the corporation of Madras or the executive authority of the municipality, as the case may be :

 

 

Provided that the market value of any property in respect of which the betterment contribution is payable by the chairman shall be determined by the Revenue Divisional Officer or, if there is no Revenue Divisional Officer, or the Revenue Divisional Officer is also the chairman, by the Council.

 

 

58 - A.

(1)

(a) The levy of a betterment contribution on any property in respect of any year (hereinafter in this rule referred to as the year of levy) shall be suspended if the aggregate amount of the betterment contributions levied on such property in previous years exceeds one – half of the maximum increase in the value of the property in the year of levy of any of the previous years, as ascertained under section 24 of the Act, by more than 10 percent.

(b) The betterment contribution in respect of the year of levy shall not exceed such sum, if any, as may be necessary to bring up the aggregate amount of betterment contributions to the limit specified in clause (a), namely, one – half of the maximum increase aforesaid plus 10 percent thereof; and the levy of the residue, if any, of the betterment contribution shall be suspended.

 

(2) Where the year of  levy is the last of the term of years referred to in section 23 of the Act , notwithstanding anything contained in sub-rule (1),the betterment contribution levied in respect of such year shall not exceed such sum, if any, as may be necessary to bring up the aggregate amount of the betterment contributions to the limit specified in the proviso to the said section 23 ,namely, one – half of the maximum increase in value during the aforesaid term of years as ascertained under section 24 of the Act; and if the aggregate sum levied in the previous years exceeds such limit ,the excess shall be refunded to the owner of the property.

 

(3) Any betterment contribution or portion thereof the levy of which has been suspended under sub-rule (1) may be levied in subsequent year, provided that the amount so levied together with the betterment contributions levied in such year and the previous year shall not, in the aggregate, exceed the limits specified in sub rule (1) (a) or sub-rules (2), as the case may be.

 

(4) Nothing in this rule shall be construed as affecting the provision in the proviso to section 23 of the Act; and any amount collected over and above the limit prescribed therein shall be refunded to the owner of the property at the end of the period over which betterment contribution is leviable.

 

59.

(1) When the assessment register has been prepared for the first time or when the market value of the properties is estimated by the Commissioner the Corporation of Madras or the executive authority of the municipality, as the case may be ,under clause (b) of section 24 of the Act in each of the financial years following that in which the scheme takes effect ,the Commissioner of the Corporation of Madras or the executive authority of municipality, as the case may be shall give notice to the owners of the properties affected stating the market value so estimated and the amount of betterment contribution leviable , in respect of those properties ,and that any objection or revision petition may be submitted to the Commissioner of the Corporation of Madras or the executive authority of the municipality ,as the case may be ,within a period of sixty days from the date of said notice in the case of the State, a railway administration or a company ,and of thirty days from the date of said notice in other cases. The notice to be given to the owners of the properties shall be in Form No. 22-A.

 

(2)  In every case in which the assessment or valuation of the amount of annual betterment contribution has increased since the assessment or valuation or betterment contribution was last fixed, the notice under sub-rule (1) shall state the grounds or reasons for the increase.

(3) Every objection or revision petition shall contain a statement of the grounds of the objection and the reasons in support of the revision petition.

 

(4) No objection or revision petition received by the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be , after the period specified in sub-rule(1)shall be taken in to consideration.

 

 

59-A. The notice of demand and receipt of betterment contribution shall be in form No. 22-B.

 

60. The Commissioner of the Corporation of Madras or the executive authority of municipality, as the case may be, shall not remove from such register any property liable to betterment contribution without the sanction of the council.

 

61. When a revision petition is presented, the Commissioner of the Corporation of Madras or the executive authority of municipality, as the case may be , shall, unless the date on which his petition will be considered has already been noticed ,intimate to the petitioner the date on which his petition will be considered and no petition shall be disposed of unless the petitioner has been given a reasonable opportunity to appear either in person or by authorized agent to represent his case.

 

 

62. Immediately after the disposal of a revision petition the commissioner of the Corporation of Madras or the executive authority of the municipality as the case may be, shall inform the petitioner or his authorized agent in writing of the orders passed thereon, shall direct him to pay the amount fixed on revision within a specified date not being less than 15 days from the date of such disposal and shall, if necessary, cause the assessment register to be corrected.

 

 

63.

(1) An appeal shall lie to the council against the order of the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, under rule 62:

 

(2) The appeal shall be made in writing and shall set forth concisely and under distinct heads, the grounds of objection to the order appealed against.

 

(3) No appeal to the council shall be heard unless it be presented at the municipal office on or before the date specified in the order under the rule 62:

 

 

 

 

Provided that the council may admit an appeal within thirty days from the time prescribed in this sub- rule if cause be shown to its satisfaction for not preferring it with in the prescribed time.

 

 

64. The assessment register shall be corrected in accordance with any orders passed by the council on appeal. In the event of the amount of contribution being reduced or remitted by the council, Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, shall grant a refund accordingly.

 

64 - A.

The provisions of the rule 11the schedule III to the Madras District Municipalities Act, 1920, shall be applicable in regard to the grant of copies of proceedings and records of the arbitrator and to the levy of fees therefore.

 

 

65. The assessment or demand of any betterment contribution when no appeal is made as hereinbefore provided, and when such an appeal is made, the adjudication of the council thereon shall be final:

 

 

 

Provided that where any assessment or demand is not in accordance with the assessment register, nothing in this rule shall be deemed to prohibit a fresh assessment or demand of the contribution being made in accordance therewith.

 

 

65 - A. The period of limitation for the recovery of any betterment contribution in accordance with the provisions of the foregoing rules shall be twelve years from the date on which the demand for the amount has become final.

 

 

66.

(1) Where after the publication of a notification under section 10 or 12 the title of any person in respect of any premises within the area covered by such notification is transferred, the person whose title is transferred and the person to whom the same shall be transferred shall, within three months after the execution of the instrument of transfer or after its registration if it be registered or after the transfer is effected, if no instrument be executed, give notice of such transfer to the Commissioner of the Corporation of Madras or the executive authority of municipality, as the case may be.

 

(2) Where after the publication of a notification under section 10 or 12 the owner of any premises within the area covered by such notification dies, the person to whom the title of the deceased shall be transferred as heir or otherwise shall give written notice of such transfer to the chairman within one year from the death of deceased.

 

(3) The notice to be given under this rule shall be in such form as the chairman may direct and the transferee or the person to whom the title passes, as the case may be, shall, if so required, be bound to produce before the chairman any documents evidencing the transfer or succession.

 

(4), Every person who makes a transfer as aforesaid without giving such notice to the chairman shall, in addition to any other liability which he incurs through such neglect, continue liable for the payment of the betterment contribution which may be assessed on the premises transferred until he gives notice or until the transfer shall have been recorded in the municipal register but nothing in this rule shall be held to affect –

 

 

(a) the liability of the transferee for the payment of the said contribution, or

 

 

(b) the prior claim of the council under sub-section (1) of section 25.

 

 

 

 

PART 1V.

 

Town- planning Fund.

 

67.

 

(a)  Every municipal council shall maintain in Form No.23 an account of its transactions relating to town –planning in two sections, namely, ’ordinary’ and ‘capital’ under the head E. Town-planning Fund. Such account shall be incorporated under the same head in the consolidated account of the municipal council.

 

 

(b) A summary of the town-planning fund account for any year shall be submitted to the Director not later than the 1st June of the year following.

 

68.

 

(a) The items of expenditure which shall be debited and the items of receipts which shall be credited to the ordinary section of the town- planning account shall be as follows:-

 

 

(i) Items of expenditure.

 

 

(1) Salary of staff employed for schemes in general under the Act.

 

(2) Allowances, pensionary contributions and cost of conveyance or hire of vehicles for the officers and servants appointed for the preparation and execution of town-planning schemes.

 

(3) Survey Charges.

 

(4) Contingencies and equipment renewals.

 

(5) Fees levied on licences and permission in connection with schemes.

 

(6) Interest on loans.

 

(7) Stationery, printing and notification expenses and cost of preparation of maps and maintenance of records and registers.

 

 

 

(ii) Items of receipt.

 

 

(1) Rent of lands included in schemes.

 

(2) Ground-rent.

 

(3) Produce of lands.

 

(4) Betterment contributions.

 

(5) Fees levied on licences and permission in connextion with schemes.

 

(6) Interest on investments.

 

(7) Law charges recovered.

 

(8) Sundry receipts in connection with schemes including sale proceeds of copies of maps and schemes.

 

 

 

 

 

(b) The items of expenditure which shall be debited and the items of receipts which shall be credited to the capital section of the town-planning account shall be as follows:-

 

 

 

(i) Items of expenditure.

  

 

          (1) Cost of acquisition of land, buildings, etc., under schemes.
          (2) Cost of works of improvement provided in schemes.
          (3) Repayment of loans. (Sinking Fund charges.)
          (4) Investments.
          (5) Compensation for injurious affection.
          (6) Advances made.
          (7) Miscellaneous.

               (i) Cost of special surveys required for or under particular schemes.
               (ii) Cost of arbitrator including his staff and contingencies.

          (8) Expenses of enforcement under section 19 (3)

 

(ii) Items of receipts.

          (1) Government grants.
          (2) Contribution from –

               (a) Government departments.
               (b) Other local authorities.
               (c) Private persons.

          (3) Sale-proceeds of lands, buildings and equipment.
          (4) Loans.
          (5) Investments realized.
          (6) Contribution from municipal funds –

               (i) General Account – Ordinary.
               (ii) Elementary Education Fund.
               (iii) Water and Drainage Fund.
               (iv) Lighting Account.
               (v) Remunerative Enterprises (L. D. Account).
               (vi) Any other account.

          (7) Recoveries of Advances.
          (8) Recoveries of the expenses of enforcement under section 19(3).

 

69. The surplus of receipts over expenditure, if any, in the ordinary section of the account at the end of a year shall be shown as a balance under the ordinary account, appropriation being made to the capital account whenever circumstances require such appropriation.

 

 

 

PART V.

Recovery of Expenses of Enforcement.

 

70. Where any owner commits default or delays the carrying out of any work or improvement ordered by a responsible authority under sub-section 8 of section 19 or by the government on appeal made to them under that sub-section, the responsible authority or the municipal council, as the case may be, may authorize the Commissioner of the Corporation of Madras or the executive authority of municipality, as the case may be –

 

(a) to cause such work or improvement to be executed or to take any measures or do anything which it may consider necessary for the execution on such work or improvement ; and


(b) to recover the expenses incurred thereby from the owner.

 

 

71. The Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, may, if he thinks fit, take an agreement from the person liable for the payment of any expenses referred to in rule 70 to pay the same in instalments of such amounts and at such intervals as will secure the payment of the whole amount due with interest thereon, at the rate of 9 percent per annum within a period of not more than five years.

 

 

 

PART VI

 

Variation or revocation of a Town- Planning scheme.

 

72. (1) The Government shall publish a draft of the notification proposed to be issued by them under sub- section (2) of section 15 –

 

     (a) in the Fort St. George Gazette; and

     (b) in case the whole or any portion of the area included in the scheme is situated in any district outside the city of Madras also in the district gazette concerned.

 

(2) The Government shall also communicate copies of the draft to the municipal council  as well as to every local authority within whose limits any portion of the area included  in the scheme is situated. Such communication shall be made through the chairman of the municipal council or the chairman or president of the local authority concerned, as the case may be. The executive authority of the municipal council or of the local authority shall, within ten days of his receipt of the copy of the draft , republish it by      posting a copy thereof –

 

     (a) on the notice board of the office of the municipal council;
     (b) on the notice board of the office of every local authority concerned; and
     (c) in one or more conspicuous places in or near the area included in the scheme and  situated within the jurisdiction of the municipal council and of the local authority concerned.

 

 

 

PART VII.

 

Transfer of Funds to the Responsible Authority by the Municipal Council

 

 

73. The concerned municipal council shall pay annually to the responsible authority such amount as may be fixed in that behalf in the scheme and where no amount has been so fixed, such amount as may be agreed upon between the concerned municipal council and responsible authority.

 

74. The responsible authority shall not borrow any money. But the concerned municipal council shall transfer any money borrowed by it for the purpose of the scheme to the responsible authority, either in whole or in instalments, as the latter may require.

 

75. (1) The responsible authority shall maintain an account of its transactions relating to the Town-Planning Scheme in accordance with the rules prescribed for municipal councils in part IV of these rules.

 

(2) A summary of such account for every year, which shall be in Form No.23, shall be submitted to the concerned municipal council and the Director not later than the 1st May of the year following.

 

76. When any street or other work has been constructed or when any open space for purpose of ventilation or recreation or any site for a public purpose has been provided (or acquired) by the responsible authority it shall on completion be transferred to the concerned municipal council by order of the responsible authority and shall thereafter be maintained by the concerned municipal council.

 

77. If any difference of opinion arises between the responsible authority and the concerned municipal council in respect of any matter referred to in the foregoing rules, the matter shall be referred to the Government whose decision shall be final.

 

 

 

 

 

 

PART VIII.

 

Short Title, Commencement and definition.

 

 

78.

(1) These rules may be called the Madras Town-planning Rules, 1933.

 

(2) They shall come into force on the 1st day of April 1933.

 

79. In these rules and the forms appended thereto, unless there is anything repugnant in the subject or context, “Government” means the “Government of Madras”.

 

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