The Haryana Town Improvement Act, 2008 (36 of 2008)

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THE  HARYANA  TOWN  IMPROVEMENT  ACT, 2008
(Haryana Act No. 36 of 2008)
Table of contents
SECTIONS:
1. Short title, extent and application.
2. Definitions.
3. Creation and incorporation of trust.
4. Constitution of trust.
5. Term of office of chairman.
6. Term of office of other trustees.
7. Resignation of trustee.
8. Filling of casual vacancies.
9. Remuneration of chairman and trustee.
10. Removal of trustee.
11. Disabilities of trustee removed under section 10.
12. Defect or irregulatiry not to vitiate proceedings.
13. Meetings of trust.
14. Temporary association of members with trust for particular
purpose.
15. Constitution and functions of committees.
16. Meetings of committees.
17. Trustee and associated member of trust or committee not to
take part in proceedings.
18. Constitution of trust services.
19. Power of trust to fix number and salaries of its official.
20. Power of appointment.
21. Control by chairman.
22. Delegation of certain chairman’s functions.
23. Delegation of powers by State Government.
24. Supply of information and documents to State Government.
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25. General powers of State Government.
26. Matters to be provided for by general improvement schemes or
re-building schemes.
27. Street schemes.
28. Development and expansion scheme.
29. Re-housing scheme.
30. Re-housing of displaced resident house-owners.
31. Combination of schemes.
32. General schemes on committee land.
33. Effect of specifying a street alignment on powers of committee.
34. Power of trust to set back or forward buildings adjacent to street
alignment.
35. Prohibition of building beyond a street alignment.
36. Acquisition of property affected by deferred scheme.
37. Official representation.
38. Consideration of official representation.
39. Matters to be considered when framing improvement scheme.
40. Preparation, publication and transmission of notice.
41. Transmission to trust of representation by committee.
42. Notice of proposed acquisition of land.
43. Furnishing of information available in committee records.
44. Abandonment of scheme or application to State Government
to sanction it.
45. Power to sanction, reject or return scheme.
46. Notification of sanction of scheme.
47. Alteration of scheme after sanction.
48. Dropping of or changing the purpose of the sanctioned scheme.
49. Inclusion of different localities in combined schemes.
50. Time limit for execution of schemes.
51. Transfer of building or land vested in committee.
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52. Provision of drain or water works.
53. Power to make and deal with public street.
54. Powers under Municipal Act vested in trust.
55. Limitation of powers of trust under section 54.
56. Powers to levy betterment contribution.
57. Principles for calculating betterment contribution.
58. Assessment and collection of betterment contribution.
59. Option of objecting owner to require trust to acquire his
property.
60. Power of trust to facilitate movement of population.
61. Power to make surveys or contribute towards their cost.
62. Power of entry.
63. Reference of disputes to civil courts.
64. Vesting in committee of streets laid out or altered and open
spaces provided by trust under a scheme.
65. Control by Deputy Commissioner.
66. Power to suspend any resolution or order.
67. Power to provide for performance of duties in case of default.
68. Action of Deputy Commissioner to be immediately reported.
69. Submitting explanation.
70. Acquisition of land.
71. Abandonment of acquisition.
72. Agreement or payment under section 71 not a bar to acquisition
under a fresh declaration.
73. Power to borrow money.
74. Contribution by committee.
75. Custody and investment of trust funds.
76. Procedure to recover payment if trust fails to repay.
77. Power of State Government to make rules.
78. Power to make regulations.
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79. Printing and sale of copies of rules.
80. Power of State Government to cancel regulations.
81. Stamping signature on notices or bills.
82. Method of giving public notice.
83. Service of notice.
84. Disobediance to Act or to notice.
85. Power to execute works on failure to comply with notice.
86. Liability of occupier to pay in default of owner.
87. Right of occupier to execute works in default of owner.
88. Procedure upon opposition to execution by occupier.
89. Recovery of cost of work by occupier.
90. Recovery of expenses of removal.
91. Relief to agents and trustees.
92. Penalty for removing fence in street.
93. Power to prevent or demolish building in contravention of
sections 34 and 35.
94. Penalty of obstructing contractor or removing mark.
95. Trustees, etc. deemed public servants.
96. Contributions by trust towards leave allowances.
97. Authority for prosecutions.
98. Powers of chairman as to institute legal proceedings.
99. Indemnity.
100. Notice of suit.
101. Mode of proof of trust records.
102. Restriction on the summoning of trust officials.
103. Validation of acts and proceedings.
104. General power of trust to pay compensation.
105. Dissolution of trust.
106. Repeal and savings.
107. Validation.
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1THE  HARYANA  TOWN  IMPROVEMENT  ACT, 2008
(Haryana  Act  No. 36 of  2008)
[Received the assent of the Governor of Haryana on
the 25th September, 2008, and first published for general information in
the Haryana Government Gazette (Extraordinary), Legislative
Supplement Part I of the 10th October, 2008]
  1  2        3 4
Year No. Short Title Whether repealed or otherwise
affected by legislation
2008 36 The Haryana Amended by Haryana Act
Town Improvement 14 of 2013 2.
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AN
ACT
to make provisions for the improvement and expansion of the towns
and to incorporate new concepts of planning and redevelopment and
to make provisions for better planning, regulating development and
use of land to improve certain areas of these towns and for matters
connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the
Fifty-ninth Year of the Republic of India as follows :—
CHAPTER  I
PRELIMINARY
1. (1) This Act may be called the Haryana Town Improvement
Act, 2008.
(2) It extends to the whole of the State of  Haryana.
(3) It shall apply to municipal areas and also to any other area,
which the State Government may, by notification, specify.
2. (1) In this Act, unless there is something repugnant in the subject
or context,—
(i) “Collector” means the Deputy Commissioner of the district
concerned;
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated
the 31st August, 2008, Page 3909.
2. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated
the 8th September, 2013, Page 4129.
Short title,
extent and
application.
Definitions.
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(ii) “Deputy Commissioner” means the Deputy Commissioner
of the district concerned;
(iii) “Director” means the Director, Urban Local Bodies
Department, Haryana;
(iv) “District Town Planner” means the District Town Planner,
Town and Country Planning Department, Haryana;
(v) “land” includes land as defined in clause (a) of section 3 of
the Land Acquisition Act, 1894 (Act 1 of 1894);
(vi) “Land Acquisition Act” means the Land Acquisition Act,
1894 (Act 1 of 1894);
(vii) “Local Area” means the area to which this Act has been
applied and the area within which trust has been created
for the purposes of carrying out the provisions of this Act;
(viii) “local authority” includes a trust constituted under this Act;
(ix) “notification” means a notification published in the Official
Gazette;
(x) “plan” means the plan prepared under the Punjab
Scheduled Roads and Controlled Areas Restriction of
Unregulated Development Act, 1963 (Punjab Act 41 of
1963) or the Haryana Municipal Act, 1973 (Haryana Act
24 of 1973);
(xi) “prescribed” means prescribed by the rules made under
this Act;
(xii) “State Government” means the Government of the State of
Haryana in the Administrative Department;
(xiii) “street alignment” means lines forming the boundaries of
a street dividing the same from lands adjoining on either
side.
 (2)  Words and expressions used in this Act but not defined shall
have the meanings respectively assigned to them in the Haryana Municipal
Act, 1973 (Act 24 of 1973), hereinafter called the Municipal Act.
  (3) All references to anything done, required, authorized, permitted,
forbidden or punishable, or to any power vested, under this Act, shall
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include anything done, required, authorized, permitted, forbidden or
punishable or any power vested—
(a) by any provision of this Act; or
(b) by any rule or scheme made under the provisions of this
Act; or
(c) under any provision of the Municipal Act, which the trust
has by virtue of this Act power to enforce.
CHAPTER   II
CONSTITUTION  OF  TRUSTS
3. The duty of carrying out the provisions of this Act in any local
area shall, subject to the conditions and limitations hereinafter contained,
be vested in the Board to be called “The (name of town) Improvement
Trust” hereinafter referred to as “the trust”, and every such board shall be
a body corporate and have perpetual succession and a common seal, and
shall by the said name sue and be sued.
4. The trust shall consist of nine trustees to be appointed by the
State Government, by notification, namely :—
(a) a chairman;
(b) two elected members of the municipality; and
(c) six other persons, three of whom shall be a District Town
Planner, Executive Engineers of Public Works Department
(Buildings and Roads) and Public Health Department of
the State Government.
5. The chairman shall hold office during the pleasure of the State
Government provided that his term of office shall not exceed three years,
but when the trust ceases to exist, the term of office shall be deemed to
expire on the date of the dissolution of the trust. He shall be eligible for
reappointment.
6. The term of office of other trustees shall be as under :—
(a) the trustee appointed under clause (b) of section 4 shall
hold office for a period of three years or until he ceases to
be a member of the committee;
(b) the non-official trustee appointed under clause (c) of section
4 shall hold office during the pleasure of the State
Government; provided that the term of office shall not
Creation and
incorporation
of trust.
Constitution
of trust.
Term of office
of chairman.
Term of office
of other
trustees.
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exceed three years, but when the trust ceases to exist the
term of office shall be deemed to expire on the date of the
dissolution of the trust;
(c) during the period of dissolution of a committee under
section 254 of the Municipal Act, the two seats allotted to
the committee on the trust under clause (b) of section 4
shall be filled by the State Government by appointing any
two persons by notification. The term of office of every
trustee so appointed shall be three years or until the trust is
dissolved, whichever period is less or he ceases to be a
member of the committee; provided that if the committee
is reconstituted two members of the committee shall be
appointed in accordance with the provisions of section 4,
and on their appointment the two trustees appointed earlier
by the State Government, under this section shall cease to
be members of the trust.
7. (1) Any trustee may at any time resign his office :
Provided that such resignation shall not take effect until
accepted by the trust.
(2) The term of office of the appointed and elected trustees shall
commence on such date as may be notified in this behalf by the State
Government.
(3) A person ceasing to be a trustee by reason of the expiry of
his term of office shall, if otherwise, qualified, be eligible for reappointment.
8. (1) When the place of a trustee appointed by the State
Government, becomes vacant by his resignation, removal or death, the
State Government shall appoint a person to fill the vacancy.
(2) Every person appointed to fill a casual vacancy under this
section shall hold his place for the time for and subject to the conditions
upon which it was tenable by the person in whose place he has been so
appointed, and no longer, but he may, if otherwise qualified, be re-
appointed :
Provided that no person appointed under sub-section (2) shall
continue to be a trustee after he ceases to be a member of the committee.
9. The chairman and each trustee shall receive such salary or
remuneration as may be sanctioned by the State Government.
Resignation of
trustee.
Filling of
casual
vacancies.
Remuneration
of chairman
and trustee.
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10. The State Government may, by notification, remove any trustee,—
(a) if he refuses to act, or becomes, in the opinion of the State
Government, incapable of acting or has been declared an
insolvent, or has been convicted of any such offence or
subjected by a competent court to any such order as implies,
in the opinion of the State Government, a defect of character
which unfits him to be a trustee; or
(b) if he has been declared by notification to be disqualified
for employment in, or has been dismissed from the public
service and the reason for the disqualification or dismissal
is such as implies, in the opinion of the State Government,
a defect of character which unfits him to be a trustee; or
(c) if he has absented himself for more than three consecutive
months from the meetings of the trust, or of any committee
of which he is a member, and is unable to explain such
absence to the satisfaction of the State Government; or
(d) if in the opinion of the State Government, he has flagrantly
abused his position as a trustee; or
(e) if he has knowingly acquired or continued to hold without
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
(f) if he has knowingly acted as a trustee in a matter other than
a matter referred to in clause (iv) or clause (v) of the
following proviso in which he or a partner had, directly or
indirectly, a personal interest, or in which he was
professionally interested on behalf of a client, principal or
other person; or
(g) if he has acted in contravention of section 17; or
(h) being a legal practitioner, if he acts or appears on behalf of
any other person in any criminal proceeding instituted by
or on behalf of the trust; or
(i) in the case of a salaried Government officer, if his
continuance in office is, in the opinion of the State
Government, unnecessary or undesirable :
Removal of
trustee.
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Provided that a person shall not be deemed for the
purpose of clause (e) to acquire, or continue to have, 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 contract 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 practitioner;
or
(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 any one year, such
amount as the trust, with the sanction of the State
Government, may fix in this behalf.
11.  A trustee removed under clauses (a), (b), (d), (e), (f) and (g) of
section 10 shall not be eligible for re-appointment :
Provided that if a trustee has been removed by reason of his
having been declared an insolvent, or disqualified under sub-clause (c) of
section 10, he shall be eligible for re-appointment when he shall have
obtained his discharge or undertake to participate in all the meetings of
the trust.
12.  No act done or proceeding taken by a trust or a committee thereof
appointed under this Act shall be questioned on account of any defect in
the constitution of the trust or any vacancy in membership or any defect in
the appointment of the chairman or trustee or any defect or irregularity of
such act or proceedings not affecting the merits of the case.
Disabilities of
trustee
removed
under section
10.
Defect or
irregularity not
to vitiate
proceedings.
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CHAPTER   III
PROCEEDINGS  OF  THE  TRUST  AND  COMMITTEE
13. (1) (a) The trust shall ordinarily meet for the transaction of
business at least once in every month at such time as it
may fix :
Provided that the chairman may, whenever he thinks
fit, and shall, upon the written request of not less than
three trustees, call a special meeting.
(b) The quorum necessary for the transaction of business at
an ordinary or special meeting shall not be less than four.
(c) At every meeting, the chairman, if he be present, or in
his absence, such one of the trustees present, as may be
chosen by the meeting, shall preside.
(d) All questions which come before any meeting shall be
decided by a majority of the votes of the trustees present,
the chairman of the meeting in the case of an equality of
votes having a second or casting vote.
(e) Proceedings of the meeting along with the names of the
trustees present at each meeting, shall be drawn up and
recorded in a book to be kept for the purpose, shall be
signed by the person presiding at the meeting or at the
next ensuing meeting, and shall at all reasonable times
and without charge be open to inspection by any trustee.
(2) No trustee shall be entitled to object to the minutes of any
meeting unless he was present at the meeting to which they relate.
14. (1) The trust may associate with itself any person whose assistance
or advice it may desire in carrying out any of the provisions of this Act in
such manner and for such period as may be laid down in the regulations.
(2) A person associated with itself by the trust under sub-section
(1) for any purpose shall have a right to take part in the discussions of the
trust related to that purpose, but shall not have a right to vote at meeting of
the trust, and shall not be deemed to be a trustee.
15. (1) The trust may, from time to time, appoint committees of the
trust consisting of such persons of any of the following classes as it may
deem fit, namely :—
(i) trustees;
Meetings of
trust.
Temporary
association of
members with
trust for
particular
purpose.
Constitution
and functions
of committees.
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(ii) persons associated with the trust under section 14;
(iii) other persons whose services, assistance or advice the trust
may desire as members of such committees :
        Provided that no such committee shall consist of less than three
persons, and that at least one trustee shall be a member thereof.
(2)The trust may—
(a) refer to such committees, for enquiry and report, any
matter relating to any of the purposes of this Act; and
(b) delegate to such committees by resolution and subject
to any rules, any of the powers or duties of the trust.
(3) The trust may, at any time, dissolve, or subject to the
provisions of sub-section (1), alter the constitution of any such committee.
(4) Every such committee shall conform to any instructions
which are given to it from time to time by the trust.
(5)All proceedings of any such committee shall be subject to
confirmation by the trust.
(6) Any person associated with the trust under section 14 or
appointed a member of a committee of the trust under clause (iii) of sub-
section (1), shall be entitled to receive such remuneration either by way of
monthly salary or by way of fees or partly in one of these ways and partly
in the other, as the State Government may specify.
16. (1) Committees appointed under section 15 may meet and
adjourn as they think proper; but the chairman of the trust may, whenever
he deems fit, call a special meeting of any such committee, and shall do so
upon the written request of not less than two members thereof.
(2) The chairman may attend any meeting of a committee
appointed under section 15 whether he is a member of such committee or
not, and shall preside at every such meeting at which he is present, if he be
absent, any trustee present and being a member of such committee, as
may be chosen in the meeting, shall  preside :
 Provided that in case only one trustee is present, he shall
preside.
(3) All questions which come before any meeting of such
committee shall be decided by a majority of the votes of the members
present, the person presiding in case of an equality of votes shall have a
second or casting vote.
Meetings of
committees.
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(4) No business shall be transacted at any meeting of such
committee when less than two members or, in case the committee consists
of more than eight members, when less than one-third of such members
are present.
17. (1) A trustee who—
(i) has, directly or indirectly, by himself or by his partner,
employer or employee, any such share or interest as is
described in the proviso to section 10, in respect of any
matter; or
(ii) has acted professionally, in relation to any matter, on behalf
of any person having therein any such share or interest as
aforesaid,
shall not vote or take any other part in any proceedings of the trust or any
committee appointed under this Act relating to such matter.
(2)If any trustee, or any person associated with the trust under
section 14 or any other member of a committee appointed under this Act,
has, directly or indirectly, any beneficial interest in any land situated in an
area comprised in any improvement scheme framed under this Act, or any
area in which it is proposed to acquire land for any of the purposes of this
Act,—
(i) he shall, before taking part in any proceeding at a meeting
of the trust or any committee appointed under this Act
relating to such area, inform the person presiding at the
meeting of the nature of such interest;
(ii) he shall not vote at any meeting of the trust or any such
committee upon any resolution or question relating to such
land; and
(iii) he shall not take part in any proceeding at a meeting of the
trust or any such committee relating to such area if the
person presiding at the meeting considers it inexpedient
that he should do so.
18. (1) The State Government may constitute trust services at State
level and trust level for employment in connection with the affairs of the
trust, in such manner, as may be prescribed.
(2) The establishment charges and the salary, allowances,
provident fund, pension and gratuity of persons recruited to the trust
services constituted under sub-section (1) and appointed in a trust, shall
be payable from the funds of the trust.
Trustee and
associated
member of
trust or
committee not
to take part in
proceedings.
Constitution
of trust
services.
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19. Subject to the provisions of this Act and the rules made thereunder
and with the prior approval of the State Government, the trust may from
time to time employ such officials, as it may deem necessary and proper
to assist in carrying out the pruposes of this Act, and may assign to such
officials such pay, as may be prescribed.
20. The power of appointing, promoting and granting leave to officers
and officials of the trust, and reducing, suspending or dismissing them for
misconduct and dispensing with their services shall be such, as may be
prescribed.
21. Subject to the provisions of this Act and the rules made thereunder,
the chairman shall exercise supervision and control over the acts and
proceedings of all the members of the trust services and other employees
of the trust.
22. (1)The chairman may, by general or special order in writing,
delegate to any officer of the trust any of the chairman’s powers, duties or
functions under this Act or any rule made thereunder except those conferred
or imposed upon or vested in him by sections 24 and 98 respectively.
(2)The exercise or discharge of any powers, duties or functions
delegated to any officer under sub-section (1) shall be subject to such
conditions and limitations, if any, as may be specified in the said order.
23. (1)The State Government may, by notification, delegate all or
any of its powers under this Act, except the power to make rules.
(2)The State Government may, by notification, delegate to any
officer not below the rank of an Assistant Commissioner all or any of the
powers conferred under this Act on the Deputy Commissioner.
(3)Every delegation of power under sub-section (1) or sub-
section (2) may be subject to such restrictions and conditions as may be
specified.
24. (1)The chairman shall forward to the State Government, a copy
of the minutes of the proceedings of each meeting of the trust, within ten
days from the date on which the minutes of the proceedings of such meeting
were signed as specified in clause (e) of sub-section (1) of section 13.
(2) If the State Government so directs, the chairman shall forward
to it a copy of all papers which were laid before the trust for consideration
at any meeting.
(3) The State Government may require the chairman to furnish
it with—
Power of trust
to fix number
and salaries of
its official.
Power of
appointment.
Control by
chairman.
Delegation of
certain
chairman’s
functions.
Delegation of
powers by
State
Government.
Supply of
information
and
documents to
State
Government.
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(i) any return, statement, estimate, statistics or other
information regarding any matter under the control of
the trust; or
(ii) a report on any such matter; or
(iii) a copy of any document in the charge of the chairman.
(4) The chairman shall comply with every such requisition
without unreasonable delay.
25.  In all matters connected with this Act, the State Government
may issue directions to the trust for generally carrying out the purposes
thereof and in particular for—
(a) observance of land uses and other restrictions laid down
by the State Government;
(b) ensuring uniformity of rules and bye-laws; and
(c) framing schemes for particular areas within the jurisdiction
of the trust.
CHAPTER  IV
SCHEMES
26. (1) Whenever, it appears to the trust that insanitary conditions
prevail in a locality, the trust may frame a scheme for general improvement
of such insanitary locality. In the event of failure of the trust to discharge
its responsibility at any stage and if the Director so feels that it is expedient
to proceed to take action in the public interest, he shall require the trust to
accomplish its responsibilities to meet the objectives of the scheme.
(2) Whenever, the trust declares any local area or part thereof
to be an insanitary locality under sub-section (1), and is of opinion that
having regard to the comparative value of the buildings in such local area
or part thereof, and the sites on which they are erected, it is undesirable to
frame a general improvement scheme and the most satisfactory method of
dealing with the local area or any part thereof is a rebuilding scheme, it
may proceed to frame such a scheme which may provide for the reservation
of streets and the widening of existing streets; the relaying out of the sites
of the local area or part thereof upon the streets so reserved or widened;
the demolition of existing buildings and their appurtenances upon such
sites; and the erection of buildings in accordance with the scheme.
27. Whenever it appears to the trust that for the purpose of—
(i) providing building sites; or
General
powers of
State
Government.
Matters to be
provided for
by general
improvement
schemes or
re-building
schemes.
Street
schemes.
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(ii) remedying defective ventilation; or
(iii) creating new or improving existing means of
communication and facilities for traffic; or
(iv) affording better facilities for conservancy,
within its local area or part thereof, it is expedient to proceed to take action
in public interest, the Director shall require the trust to accomplish its
responsibility to meet the objectives of the scheme.
28. (1) The trust may, for the purpose of development of any locality
within the municipal limits or contained in its local area, prepare a
development scheme.
(2) The trust may, if it  is of opinion that it is expedient and for
the public advantage to promote and control the development of and to
provide for the expansion of a committee in any locality adjacent thereto,
within the local area of the trust, prepare an expansion scheme.
(3) A development scheme or an expansion scheme may provide
for the layout of the locality to be developed, the purposes for which
particular portions of such locality are to be utilized, the street alignment
and the building line on each side of the streets proposed in such locality,
the disposal of sewerage and storm water of insanitary localities and such
other details as may appear desirable.
29. Whenever the trust deems it necessary that accommodation
should be provided for persons who are displaced by the execution of any
scheme under this Act, or are likely to be displaced by the execution of
any scheme, which it intends to submit to the State Government for sanction
under this Act, it may frame a re-housing scheme for the construction,
maintenance and management of such scheme and as many dwellings
and shops as ought in the opinion of the trust, to be provided for such
persons.
30. Any resident house-owner who is likely to be displaced by the
execution of any scheme under this Act, may apply to the trust to be re-
housed, and no such scheme shall be put into execution until a re-housing
scheme as provided for in section 29 for the re-housing of such resident
house-owners as may apply under this section, has been completed.
Explanation.— The demolition of a portion of a dwelling which
renders the remaining portion uninhabitable, shall be deemed to be a
displacement of the person or persons residing in the said dwelling.
31. (1) A scheme under this Act may combine one or more types of
schemes or any special features thereof.
Development
and expansion
scheme.
Re-housing
scheme.
Re-housing of
displaced
resident
house-owners.
Combination
of schemes.
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(2) A scheme under this Act may provide for all or any of the
following matters—
(i) the acquisition under the Land Acquisition Act, or the
abandonment of such acquisition under sections 70 and
71 respectively of this Act or any land or any interest in
land necessary for or affected by the execution of the
scheme, or adjoining any street, thoroughfare, open
space to be improved or formed under the scheme;
(ii) the acquisition by purchase, lease, exchange or otherwise
of such land or interest in land;
(iii) the retention, letting on hire, lease, sale, exchange or
disposal otherwise of any land vested in or acquired by
the trust;
(iv) the laying out and alteration of streets;
(v) the provision of open spaces in the interests of the
residents of any locality comprised in the scheme or
any adjoining locality and the enlargement or alteration
of existing open spaces;
(vi) the draining, water-supply and lighting of street altered
or constructed;
(vii) the provision of system of drains and sewers for the
improvement of ill-drained and insanitary localities;
(viii) for doing of all acts intended to promote the health of
the residents of the area comprised in the scheme,
including the conservation and preservation from injury
or pollution of other sources and means of water-supply;
(ix) the demolition of existing buildings and the erection
and re-erection of buildings by the trust or by the owners
or by the trust in default of the owners;
(x) the provisions of facilities for communication;
(xi) all other matters which the trust may deem necessary to
promote the general efficiency of a scheme or to improve
the locality comprised in such scheme.
32. The trust on receipt of request from the committee, shall prepare
the scheme on committee land and shall share the sale proceeds with
committee as per mutually agreed terms and conditions.
General
schemes on
committee
land.
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33. Notwithstanding anything contained in the Municipal Act,
whenever any street alignment has been specified by the trust in any scheme
under this Act with the sanction of the State Government, the committee
shall not have power to specify a building line for the street within the
limits of the scheme, and any such line previously specified by the
Committee within such limits shall cease to be the building line or line of
frontage of the street.
34. (1) Should any building or part of a building project beyond the
regular line of a street, either existing or determined on for the future, or
beyond the front of the building on either side thereof, the trust may
whenever such building or part thereof has been either entirely or
subsequently taken down or burnt down or has fallen down, by written
notice, require such building or part thereof when being rebuilt to be set
back to or towards the said building line or the front of the adjacent
buildings; and the portion of the land added to the street by such setting
back or removal shall become part of the street and shall vest in the trust.
(2) The trust may on such terms as it may deem fit require or
allow any building to be set forward for the improvement of the line of the
street.
(3) When any building is set back or forward in pursuance of a
requisition made under the preceding clause, the trust, shall forthwith make
full compensation to the owner of the building for any damage or loss that
he may sustain.
(4) If the additional land which is not a part of street and green
space and is to be included in the premises of any person required or
allowed to set forward, a building, or part thereof, belongs to the trust, the
requisition or permission of the trust to set forward the buildings shall be
sufficient conveyance to the said owner of the said land, and the terms and
conditions of the conveyance shall be set forth in the said requisition or
permission.
35. (1) In the locality comprised in a scheme under this Act, no person
shall, except with the written permission of the trust, erect, re-erect, add to
or alter any building so as to make the same project beyond a street
alignment or building line duly specified by the trust.
(2) In the locality comprised in a development scheme, or an
expansion scheme, if any person desires to erect, re-erect, add to or alter
any building on his land so as to make the same project beyond a street
alignment or a building line duly specified by the trust, he shall apply to
the trust for permission to do so along with such fee and charges as may
be fixed by the State Government from time to time.
Effect of
specifying a
street
alignment on
powers of
committee.
Power of trust
to set back or
forward
buildings
adjacent to
street
alignment.
Prohibition of
building
beyond a
street
alignment.
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36. (1) In the locality comprised in a deferred street scheme the owner
of any property affected by a street alignment duly specified by the trust
may, at any time after the scheme has been sanctioned by the State
Government, give the trust notice requiring it to acquire such property
before the expiration of six months from the date of such notice, and the
trust shall acquire such property accordingly.
(2) In the locality comprised in a deferred street scheme, before
proceeding to acquire any property affected by a street alignment duly
specified by the trust other than property regarding which it has received
a notice under preceding sub-section, the trust shall give six months notice
to the owner of its intention to acquire the property.
37. (1) A scheme under this Act may be framed upon an official
representation by the committee or of its own in consultation with Deputy
Commissioner.
(2) An official representation referred to in sub-section (1) may
be made by the committee on its own motion.
38. (1) The trust shall consider every official representation made
under section 37 and if satisfied as to the truth thereof and as to the
sufficiency of its own resources, shall decide whether a scheme under this
Act to carry such representation into effect should be framed forthwith or
not, and shall forthwith intimate its decision to the committee.
(2) If the trust decides that it is not necessary or expedient to
frame a scheme under this Act forthwith, it shall inform the committee of
the reasons for its decision.
(3) If the trust fails, for a period of twelve months after the receipt
of any official representation made under section 37, to intimate its decision
thereon to the committee that it is not necessary or expedient to frame a
scheme of a type other than that recommended by the committee, the
committee may, if it deems fit, refer the matter to the State Government.
(4) The State Government shall consider every reference made
to it under sub-section (3) and —
(a) if it deems that the trust ought to have passed a decision
within the period mentioned in sub-section (3), shall
direct the trust to pass a decision within such further
period as it may deem reasonable; or
(b) if it deems that it is expedient that a scheme should
forthwith be framed, shall direct the trust to proceed
forthwith to frame a scheme. Such a direction may
specify the type of scheme to be framed.
Acquisition
of property
affected by
deferred
scheme.
Official
representation.
Consideration
of official
representation.
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(5) The trust shall comply with every direction given by the State
Government under sub-section (4).
39. (1) When framing a scheme under this Act in respect of any
locality, regard shall be given to—
(a) the nature and the condition of adjoining localities and
of the town as a whole;
(b) the direction in which the town appears likely to expand;
(c) the claims of any other part of the local area likely to
require a scheme under this Act;
(d) any direction, time to time issued by the State
Government in this regard for the development and
betterment of the locality.
(2) The trust shall prepare the scheme having regard to the land
use specified in the plan of the town and in consultation with District Town
Planner and submit the scheme in such manner along with documents, fee
and charges as may be prescribed.
40. (1) When a scheme under this Act has been framed, the trust
shall prepare and publish a notice stating—
(i) the fact that the scheme has been framed;
(ii) the boundaries of the scheme; and
(iii) the place at which details of the scheme including a
statement of the land proposed to be acquired and a
general map of the locality comprised in the scheme,
may be inspected at reasonable hours.
(2) The trust shall—
(a) notwithstanding anything contained in section 82, cause
the said notice to be published in the Official Gazette
and in at least one regional and one national newspaper
with a statement that objections shall be received within
a period of thirty days; and
(b) send a copy of notice to the committee.
(3) The Chairman shall cause copies of all documents referred
to in clause (iii) of sub-section (1) to be delivered to any applicant on
payment of such fees, as may be prescribed.
41. The committee to whom a copy of a notice has been sent under
clause (b) of sub-section (2) of section 40 shall, within a period of thirty
Matters to be
considered
when framing
improvement
scheme.
Preparation,
publication
and
transmission
of notice.
Transmission
to trust of
representation
by committee.
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days, from the receipt of the said copy, forward to the trust any
representation which the committee may deem fit to make with regard to
the scheme.
42. (1) After the expiry of thirty days from the date of publication in
Official Gazette of the notice under section 40 in respect of any scheme
under this Act, the trust shall serve a notice on—
(i) every person whom the trust has reason to believe after
due enquiry, to be the owner of any immovable property
which is proposed to be acquired in executing the
scheme;
(ii) the occupier (who need not be named) of such premises
as the trust proposes to acquire in executing the scheme.
(2) Such notice shall—
(a) state that the trust proposes to acquire such property for
the purposes of carrying out a scheme under this Act;
and
(b) require such person, if the objects to such acquisition,
to state his reasons in writing within a period of thirty
days from the service of the notice.
(3) Every such notice shall be signed by, or by the order of, the
chairman.
43. The committee shall furnish the chairman at his request and on
payment of such fees as may be prescribed with a copy of such information
relating to a locality regarding which a notice has been published under
section 40 as is available in the committee records.
44. The trust shall after the expiry of the previous notice period
specified under clause (a) of sub-section (2) of section 40, by section 41
and by clause (b) of sub-section (2) of section 42, respectively in respect
of any scheme under this Act, consider any objection, or representation
received thereunder, and hear all persons or their representatives making
any such objections or representations, who may desire to be heard, and
shall send its recommendations to the State Government either for
abandonment of the scheme or for sanctioning the scheme with such
modification, if any, as the trust may deem necessary for final approval of
the State Government, along with such fees and documents, as may be
prescribed.
Notice of
proposed
acquisition of
land.
Furnishing of
information
available in
committee
records.
Abandonment
of scheme or
application to
State
Government
to sanction it.
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45. (1) The State Government may sanction, either with or without
modification, or may refuse to sanction, or may return for reconsideration,
any scheme submitted to it under section 44.
(2) If a scheme returned for reconsideration under sub-section
(1) is modified by the trust, it shall be re-published in accordance with
section 40—
(a) in every case in which the modification affects the
boundaries of the locality comprised in the scheme, or
involves the acquisition of any land not previously
proposed to be acquired; and
(b) in every other case, unless the modification is in the
opinion of the State Government not of sufficient
importance to require republication.
46. (1) The State Government shall notify the sanction of every
scheme under this Act, and the trust shall forthwith proceed to execute
such scheme, provided that it is not a deferred street scheme, development
scheme or expansion scheme and provided further that the requirements
of section 31 have been fulfilled.
(2) A notification under sub-section (1) in respect of any scheme
shall be conclusive evidence that the scheme has been duly framed and
sanctioned :
Provided that no notification in respect of sanction of a scheme shall
be issued after the expiry of the three years from the date of publication of
notice relating to that scheme under section 40.
47. The trust, with the prior approval of the State Government, may
make minor alterati

Excerpt shown. Open the full act in Lexace.

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