LexThe Madhya Pradesh Investment Region Development and Management Act 2013
Madhya Pradesh · state statute
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MADHYA PRADESH ACT
No. 24 OF 2013
THE MADHYA PRADESH INVESTMENT REGION DEVELOPMENT AND MANAGEMENT ACT, 2013.
TABLE OF CONTENTS
Sections :
CHAPTER I
PRELIMINARY
I. Short title, extent, commencement and application.
Definitions.
CHAPTER 11
PREPARATION OF INVESTMENT REGION DEVELOPMENT AND MANAGEMENT SCHEME
Provisions under investment region development and management scheme.
Publication of scheme area.
Preparation of draft for investment region development and management scheme.
Contents of investment region development and management scheme.
Publication of draft scheme by the Agency.
Objections, appeal approval and final publication.
Acquisition of land.
410 (14) Tit241;t41 30 3419 2013
cHidn HI
CONTROL OF DEVELOPMENT
10. Control of development and land use.
Development in accordance with the permission granted by the Agency.
Final Scheme to be the development plan of scheme area.
Provisions of certain Acts shall cease to be in force with the State Government's notification.
Merger or division of a plot.
Penalty for unauthorized development, building construction or for use other than in conformity with
the development plan and scheme.
Power to require removal of unauthorized development.
Appeal against order of the Agency.
Allotment, recovery •of arrears, penalty and forfeiture for breach of conditions.
Power of entry etc.
CHAPTER IV
TAXES AND MATTERS TO BE PROVIDED BY THE AGENCY
Taxes to be imposed under this Act.
21.. Imposition of user charges.
Matters to be provided for by the Agency.
CHAFFER V
MISCELLANEOUS
23. Exemption of fee for registration.
Exemption of stamp duty on instrument of agreement.
Modification of scheme.
Investment Region Development and Management Scheme, public purpose.
Disposal of property.
Members, officers and employees to be public servants.
Protection of action taken in good faith.
Powers of the Agency to make regulations for administration of its affairs.
Delegation of powers by the Agency.
Power of the State Government to give directions.
Powers to make rules and regulations.
Power to remove difficulties.
- tif4r*If iw•Pfrii
Titzgravi (t'l41, f-c-iiw 30 31546 2013 410 (15)
MADHYA PRADESH ACT
No. 24 OF 2013
THE MADHYA PRADESH INVESTMENT REGION DEVELOPMENT AND
MANAGEMENT ACT, 2013
Elleceived the assent of the Governor on the 25th April, 20l3; assent first published in the "Madhya Pradesh Gazette
(Ellni*ordinnr3)'', dated the 30th Apra, 2413.)
An Act to provide for planning, operation and development of investment region,
implementation of investment region development and management schemes in Madhya Pradesh
and for matters connected therewith or incidental thereto.
Be it enacted by the Madhya Pradesh Legislature in the sixty-fourth year of the Republic of
India as follows,—
CHAPTER I
PRELIMINARY
I. (I) This Act may be called the Madhya Pradesh Investment Region Development and
Management Act, 2013.
It extends to the whole of the State of Madhya Pradesh.
It shall come into force from the date of its publication in the Madhya Pradesh Gazette.
Nothing in this Act shall apply to-
•lands comprised within a cantonment under the Cantonments Act, 2006 (No 41
of 2006);
lands in occupation of the Central Government or its authorized agency; and
,(iii) lands under the control of railway administration for the purpose of construction
and maintenance of works under Chapter IV of the Railway Act, 1989 (No. 24
of 1989).
2. In this Act, unless the context otherwise requires,—
"Agency" means a body corporate or any Special Purpose Vehicle (SPV) or any
organization registered/constituted under the applicable law, which may be
authorized by the State 'Government for the purpose of development and
management of the investment region;
"amenities" means all basic and essential services including roads, water supply,
street lighting, power supply, sewerage, drainage, collection, treatment and disposal
of industrial and municipal wastes, public health, education, transport, fire fighting
services, public parks, clubs, markets, shops and outlets and such other facilities
or services;
"appellate authority" means any officer or agency authorized by the State
Government to hear the appeals against the decisions of Agency;
"building" means a house, hut, shed or other structure for whatever purpose and
with whatever material constructed and every pans thereof, whether temporary
or permanent and whether used as human habitation or not and includes a well,
toilet, drainage and sewerage system, fixed platform, verandah, plinth, door steps,
compound wall, fencing and the like and any work connected therewith but does
not include plant or machinery comprised in a building;
Short title, extent,
commencement
and application.
Definitions.
ra" 1'2
410 (16) TitzfAta (1 ,41-4, cmish 30 3T*1 2013
(e) "Chief ExecutiVe Officer' , (CEO) means the Chief Executive Officer of the
Agency and may be called by whatsoever name;
"development" with its grammatical variations means the carrying out of a
building, engineering, mining or other operation in, or over or under land, or
the making of any material change in any building or land or in the use of either,
and includes sub-division of any land;
(g)
"development scheme" or "scheme" in reladon to investment region means
scheme published under sub-section (2) of Section 8 and duly amended from time
to time;
(h) "Director" means the Director of Town and Country Planning appointed under
the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23
of 1973);
(I) "Government" means Union Government, Union Territories, Government of
Madhya Pradesh and other State Governments;
(1) "industry" means any undertaking or a business concern or any other
establishment, by whatever name called, engaged in the manufacture or production
of goods, in any manner, pertaining to any industry or engaged in providing or
rendering of any service or services;
(k) "investment region" means an area for which a scheme under this Act has been
notified by the State 'Government and includes area used for the purpose of
manufacturing, services, commercial, residential, social and for other amenities;
(I) "infrastructure" includes industrial, commercial, social or residential infrastructure
or any facility in respect of development scheme;
"land" shall have the same meaning as assigned to it in clause (k) of sub-section
(1) of section 2 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20
of 1959);
"local authority" means —
(i) "Gram Panchayae' constituted by or under the Madhya Pradesh Panchayat Raj Avam
Gram Swaraj Adhiniyam, 1993 (No. 1 of 1994);
(ii) "Municipal Corporation" constituted by or under the Madhya Pradesh Municipal
Corporation Act, 1956 (No. 23 of 1956);
(iii) "Municipal Council" constituted by or under the Madhya Pradesh Municipalities
Act, 1961 (No. 37 of 1961);
(iv) "Nagar Parishad" constituted by or under the Madhya Pradesh Municipalities
Act, 1961 (No. 37 of 1961);
(o) "occupier" includes —
(I) tenant;
(H) owner in occupation of or otherwise using his land;
(Hi) rent free tenant;
(iv) licensee;
(v) any person liable to pay to the owner, damages for the use and occupation
of the land;
(p)
iiumta R9ii 30 31tH 2013 410 (17)
"owner" means the owner of lifilid or building and includes a mortgagee in
possession, a person who for the time being is receiving or is entitled to receive,
or has received, the rent or premium for any land whether on his own account
or on behalf of or for the further benefit of any other person or as an agent
trustee, guardian or receiver for any other person or for religious or charitable
institutions or who Would receive the rent or be entitled to .receive the rent or
premium if the land were to be let and includes a Head of a Government
Department, the Chief Executive Officer, by whatever name designated of a local
authority, statutory authority, Agency, corporation or undertaking in respect of
properties under their control;
"planning area" means any area declared to be a planning area under the Madhya
Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973);
"plot" means a piece of land or premises situated in duly approved layout of the
scheme;
"scheme area" means the area over which the investment region development and
management scheme is prepared and published under section 4;
"Town and Country Development Authority" means the Town and Country
Development Authority established under section 38 of Madhya Pradesh Nagar
Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973).
CHAPTER II
PREPARATION OF INVESTMENT REGION DEVELOPMENT AND
MANAGEMENT SCHEME
3. An Investment region development and management scheme may make provision for
acquisition, development, sale or leasing of land for providing infrastructure and amenities for the
investment region including:—
any work that would bring improvement in the investment region;
reconstruction for the purpose of buildings, roads, drains, sewage lines and other
' similar amenities in and around any existing investment region;
acquisition of land for construction of dam/canal and such other related works
to meet the water requirement of investment regions;
acquisition of land for construction of power generating plants, waste disposal
sites and such other related works;
acquisition of land for construction of logistic hub, dry port, container depot,
storage depot and such other related works; and
(v acquisition of land for construction of Information Technology Park, exhibition
grounds or convention center with hotels to facilitate industrial activities and
related works.
Provisions under
Investment region
development and
inanagement
scheme.
4. (I) The State Government may authorize an agency to identify an area in which scheme Publication of
may be proposed. scheme area.
(2) The Agency shall identify the land on which scheme may be taken up and submit the
proposal of preparing the scheme on the identified land, to the State Government in such manner
as may be prescribed.
ft.
410 G8)
tlaFik71 shrILI f91" 30 3-7'0 2013
(3)The State Government May approve the draft scheme area submitted by the Agency with
such modifications, as it may consider appropriate.
(4)The draft scheme area, as approved by the State Government under sub-section (3)
hereinabove, within a period or 30 days of such approval, shall be published by the Agency in
the official Gazette and also in such manner as may be prescribed, inviting objections from the
owners of the land and such other persons as may be interested, in a manner as prescribed.
(5)The objections and suggestions, which may be received by the Agency under sub-section
(4), with respect to the said draft scheme area, shall be heard and decided by the Agency, in such
manner as may be prescribed.
(6)The Agency shall after deciding the objections, if any, made under sub-section (4) approve
the scheme area with such modifications, as it may deem appropriate. The Agency shall published
in the Gazette the final approved scheme area.
(7)Any person aggrieved by any decision taken by the Agency under sub-section (6)
hereinabove, may, within 15 days of such publication in the official Gazette of final scheme area,
prefer an appeal to the appellate authority and it shall decide such appeal within 45 days in the
manner as prescribed. The appellate authority shall, after examining the record, pass such order
as he thinks fit and his order shall be final:
Provided that no order shall be passed unless the person affected thereby and the Agency
has been given a reasonable opportunity of being heard.
Preparation of
draft for
investment region
development and
in a na ge in e n t
scheme
5. (1) The Agency shall prepare the draft Investment Area Development Scheme for such
area as has been notified under section 4 hereinabove, having such contents as considered
appropriate.
For the purpose of preparing such draft, the Agency may authorize an officer/organization
to carry out the survey of area, prepare existing land use map and take such other actions as are
necessary for prejiaration of such scheme ..
Thereupon it shall be lawful for any officer/organization, either generally or specially
authorized by the Agency in this behalf, and for his servants and workmen to.—
enter upon and survey and take levels of any land in such locality,
dig bore into the sub-soil,
Cd
do all other acts necessary to ascertain whether the land can be adapted for such
purpose,
set out the boundaries of the land proposed to be taken and the line of work
proposed to be made thereon,
mark such levels, boundaries and line by placing marks and cutting trenches:
Provided that no person shall enter into any building or upon any enclosed court or garden
attached to a dwelling — house without the consent of the occupier thereof and
without previously giving such occupier at least seven days notice in writing of
his intention to do so.
Contents of
investment region
development and
In anagement
scheme.
6. The Development scheme under the Investment Area prepared under section 5 shall :—
(a) indicate broadly the land use proposed in the scheme area;
titztti fca 30 340 2013
410 (10
(b) allocate broadly areas or zones °Hand, keeping in view the regulations for natural
hazard prone areas, for.—
industrial, residential, commercial, agricultural and common utility and
amenities purpose;
open spaces, parks and gardens, green-belts, zoological gardens and
playgrounds;
public institutions and offices;
road networks;
any other purpose that the Agency may deem fit;
(c) lay down the pattern of Highways connecting the scheme area with the rest
of the region, ring roads, arterial roads and major roads in and around the
scheme area;
(d) make proposals for general landscaping and preservation of natural areas;
(e) project the requirement of the scheme area for amenities and utilities such as
water, drainage, electricity and suggest measures for their fulfillment;
(f) propose broad-based regulation for zoning, by way of guidelines, within each zone
or sector to determine the height and size of buildings and structures, open spaces,
court yards and the use to which such buildings and structures and land may
be put etc;
(8) lay down the broad-based traffic circulation patterns in a scheme area.
(h) suggest architectural control features and elevation and frontage of buildings and
structures;
indicate measures for flood control, prevention of air and water pollution and
disposal of garbage and general environmental control.
(I) The Agency shall as far as possible prepare the draft scheme within a period of 180
days from the date of final publication of scheme area under section 4.
(2) The draft development scheme as prepared by the Agency shall be published in official
Gazette and also in such manner as prescribed, inviting objections from the owners of the land
and such other persons as may be interested.
(1) The objections and suggestions, which maY be received by the Agency under sub-
section (2) of section 7 with respect to the said draft development scheme, shall be heard and
decided by the Agency.
The Agency shall after deciding the objections, if any, made under sub-section (2) of
section 7 above, approve the final Development scheme with such modifications as it may deem
appropriate. The scheme so approved shall be published in the official Gazette and also in two
newspapers having wide circulation in the area in which the scheme is to be implemented, in the
manner prescribed.
Any person aggrieved by any decision taken by the Agency under sub-section (2)
hereinabove, may, within 30 days of such publication in the Gazette of final scheme area, prefer
an appeal to the Appellate Authority and Appellate Authority shall decide such appeal within 45
days in the manner as prescribed.
Publication of
draft scheme by
the Agency.—
Objections,
appeal, approval
and final
publication.—
410 (20)
11t2131—ail fq 1141 30 31110 2013
Acquisition of 9. (1) The Agency shall, aft6r•the scheme is finally published under sub-section (2) of section
land. 8, proceed to acquire the land by executing an agreement with owner in such form and on such
terms and conditions as may be prescribed by the State Government.
The Agency shall submit the proposal of acquiring land under the Land Acquisition Act,
1894 (No. 1 of 1894) to the District Collector of such land whose owner does not enter into the
agreement mentioned in sub-section (1) hereinabove within a period of six months from the date
of publication of the scheme in the Gazette.
The Collector of the district may, on an application made in this behalf by the Agency,
allot the Government land after following the due procedure to the Agency and such land shall
hereafter rest in the Agency free of itlI encumbrances.
The Agency shall undertake execution of the investment region development and
management scheme on the land or part thereof which may have been acquired by it through
agreement, under sub-section (1) or acquisition under sub-section (2) hereinabove in such manner
as may be prescribed.
CHAPTER III
CONTROL OF DEVELOPMENT
Control of
development and
land Use.
Development in
accordance with
t he permission
granted by the
Agency.
Final scheme
to be the
development plan
of scheme area.
10. (1) The overall control of development and use of land in the scheme area shall vest in
the State Government.
Subject to the provisions of sub-section (1) hereinabove and the rules made under this
Act, the overall control of development and use of land in the scheme area shall vest in the Agency
or an officer appointed by it, with effect from such date as the State Government may, by
notification, appoint in this behalf.
The State Government may make rules to regulate and control development and use of
land in scheme area and may, by notification, apply the said rules to any scheme area from such
date as may be specified therein.
On application of rules to a scheme area, the provision of this section and its application
to that scheme area shall be subject to the provisions of those rules.
11. Notwithstanding anything contained in the Madhya Pradesh Nagar Tatha Gram Nivesh
Adhiniyam 1973, (No. 23 of 1973), the Madhya Pradesh Panchayat Raj Avam Gram Swaraj
Adhiniyam, 1993 (No. 1 of 1994), the Madhya Pradesh Municipal Corporation Act,1956 (No. 23
of 1956), the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961), or rules made thereunder,
after the approval of the draft scheme area under sub-section (7) of section 4 hereinabove, no
person shall, within the published scheme area, change the use of any land or building or carry
out any development save in accordance with the development authorized by the Agency.
12. (1) The Scheme shall come into force from the date of its publication in the official
Gazette under sub-section (2) of section 8.
After the coming into force of the scheme, the use and development of land shall conform
to the provisions of the scheme:
Provided that the State Government may, at its discretion, permit the continued use of
constructed area for the purpose for which it was being used at the time of coining into operation
of the scheme.
Notwithstanding anything contained in section 172 of the Madhya Pradesh Land Revenue
Code, 1959 (No. 20 of 1959) every permission to divert land granted under that section shall be
subject to development scheme published finally under provisions of this Act and the rules made
there under.
4.-
. TItzfirkVI 44, fcliT 30 3-1fM 2013
410 (21)
Provisions of
certain Acts
shall cease to
be in force
with the State
overnmen I's
notification.
13. Notwithstanding anything contained in e Madhya Pradesh Nagar Tat ha Gram Nivesh
Adhiniyam, 1973 (No. 23 of 1973), the Madhya Pradesh Panchayat Raj Avam Gram Swaraj
Adhiniyam, 1993 (No. I of 1994),the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23
of 1956), the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961), or rules made thereunder,
the Municipal Corporation, Municipal Council, Nagar Parishad, or the Grain Panchayat, as the case
may be, shall, in relation to the approved scheme areas, cease to exercise such power, or perform
such functions or discharge such duties, from such date as the State Government may, by
notification, prescribe.
14. (I) The Agency or an officer so authorized by it may, subject to the provisions of this
Act and such conditions as may be prescribed, on an application of the owner, allow merger or
division of the plot.
(2) An application under sub-section (1) hereinabove shall contain such details, documents
and accompanied by such fee as may be prescribed.
15. Any person who, whether at his own instance or at the instance of any other person,
commences, undertakes or carries out any development, building construction or changes use of
any land.—
without obtaining the permission required under this Act;
in contravention of the permission granted or any condition subject to which such
permission has been granted;
after the permission for development or building construction has been duly
revoked;
in contravention of any permission which has been duly modified,
shall be punished with simple imprisonment for a term which may extend to six
months, or with fine which may extend to fifty thousand rupees or both.
16. For any development contrary to the provisions of the Act, the Agency shall have the
power to pull down, demolish or remove any building constructed or erection made and recover
the cost of pulling down, demolition or removal from the person concerned, in a manner as may
be preseribed.
17. (1) Any person aggrieved by the decision of the Agency, within 30 days (including public
holidays) from the date of decision, appeal before the appellate authority.
(2) The appellate authority, after hearing the Agency and the aggrieved person and considering
all relevant facts, may accept or reject the appeal or modify the decision taken by the Agency.
The decision of the appellate authority shall be final.
18. (1) Premises, land or the amenities developed or to be developed in the scheme area by
the Agency shall be allotted in accordance with transparent procedure laid down by the Agency.
(2) Where any transferee makes-any default in the payment of any consideration money or
installment thereof or any other amount due on account of the allotment or transfer of any premises,
land or the amenities' by the Agency or any rent or charges due to the Agency in respect of any
lease, or where any transferee or occupier makes any default in the payment of ally charges or
fee under this Act, the Chief Executive Officer of the agency may direct that, in addition to the
amount of arrears, a further sum in the form of interest and/or penalty shall be recovered from
the transferee or occupier, as the case may be, as prescribed.
Merger • 01.
division of a plot.
Penalty for
unauthorized
development,
building
construction or
for use other than
in conformity
‘vith the develop.
meat plan and
scheme.
Power to require
removal of
unauthorized
development.
Appeal against
order of the
Agency.
Allotment,
recovery of
arrears, penalty
and forfeiture for
breach of
conditions.
,fr ••• _ r
0.
410 (22) Tit.21111tVI 01/449 30 31fM 2013
444, In the case of non-payment of consideration money or any installment thereof on account
of the transfer by the Agency of any premises, land or the amenities, or in case of any breach of
any condition of such transfer or breach of any rules or regulations made under this Act, the Chief
Executive Officer of the Agency may resume the premises, land or the amenities so transferred
and may further forfeit the whole or any part of the money, if any, paid in respect thereof, in a
manner as prescribed.
Where the Chief Executive Officer of the Agency orders resumption of any site or
building under sub-section (3) hereinabove, any officer authorized by the Chief Executive Officer
of the Agency may take possession thereof on behalf of the Agency, in a manner as prescribed.
Powers of entry 19. The Chief Executive Officer of the Agency may authorize any person(s) to enter into
etc. or open any land or building, for the purposes of: —
making any enquiry, inspection, measurement or survey or taking levels of such
land or building;
examining works under construction or ascertaining and fixing the course of sewers
or drains over land of any title;
ascertaining whether any building is being or has been erected or re-erected without
sanction or in contravention of sanction or permission given under this Act or
rules and regulations made thereunder;
doing any other thing necessary for the efficient administration of this Act.
Taxes to be
imposed under
this Act.
CHAPTER IV
TAXES AND MATTERS TO BE PROVIDED BY THE AGENCY
20. (1) Notwithstanding anything contained in any other law for the time being in force the
State Government may impose in the scheme area or part thereof, the following taxes:—
tax on the owners of buildings or land situated within the notified investment
development area;
general sanitary cess, for construction and maintenance of Public toilets;
general lighting tax, where the lighting of public roads and places is undertaken
by the agency;
general fire tax, for the conduct and management of the fire service and for the
protection of life and property in case of fire;
betterment tax on properties whose value may have improved as a result of .
investment area development scheme undertaken by the agency;
toll on bridge and road constructed by the Agency;
tax on advertisements through hoardings or boards;
tax on theaters, multiplex, cinema hall and other shows for public amusement;
(0 tax on commercial and office complex.
(2) The mode of assessment, collection and recovery of the taxes as mentioned hereinabove
shall be in a manner as prescribed.
14u/t/01 tiA44, fcitW 30 3T11 -6 2013 410 (23)
(3) The taxes levied under sub-section (I) hdreinabove, shall not be leviable on the buildings
and lands owned by or vested in the Government and the Agency.
(4)The responsibility for payment of taxes levied on any land or building under sub-section
(I) shall be of the owner thereof.
(5)The taxes charged and levied on the owner may also be recovered from any occupier of
the land or building, in the manner as prescribed.
(6) If any dispute arises as to the amount of tax assessed, an appeal shall lie from the decision
of the Agency or an officer appointed on this behalf by the Agency to the appellate authority,
whose decision shall be final.
21. The Agency by any general or special order made in this behalf, may impose user
charges for the following services rendered inside the approved scheme area, in a manner as prescribed;
a water charge for the provision of water supply in respect of lands and buildings
to which a water supply is furnished by the agency;
a drainage, sewerage or effluent charge where a system of disposal has been
introduced;
a charge for management of solid waste where the Agency has introduced a
system of disposal of waste;
charges for any other specified services rendered by the Agency.
22. (1) The Agency shall ordinarily make adequate provisions, for each of the following
matters in the scheme area, namely: —
lighting public streets, places and building;
cleaning public streets, places and sewers and all spaces not being private property,
which are open to the enjoyment of the public, whether such spaces are vested
with the Agency or not, removing noxious vegetation, and abating all public
nuisance;
the maintenance of the fire-brigade for extinguishing fire, and protection of life
and property when fires occur;
regulating or abating dangerous or offensive trades or practices;
removing obstructions and prOjections in public streets and places and in spaces
not being private property, which are open to the enjoyment of the public;
securing or removing dangerous buildings or places;
constructing, altering and maintaining public streets, culverts and boundary marks,
drains, sewers and providing public facilities for drinking water;
the management and maintenance of all water works and the construction and
maintenance of new work and means for providing a sufficient supply of suitable
water for public and private purposes;
(I) the erection in proper and convenient situations on scheme land toilets, and other
conveniences for the public and the maintenance and the cleansing of the same;
(1) the maintenance of an ambulance service;
(k) the maintenance of Agency's office and of all public monuments and other
property vested in the Agency;
(I) provision of traffic signs;
imposition of
user charges.
Matters to be
provided for by
the Agency.
: 74-41: ! , •1
•
410 (24) TitztAbl kjtqA, ftdzic 30 aTta 2013
(in) the maintenancrOf public park, gardens, recreation grounds, public places and
open spaces in existence and vested in the Agency;
fulfilling any obligation imposed by this Act or any other law for the time being
in force;
construction, establishing or maintaining public parks or gardens, library,
in u se u ms, halls, theatres, stadiums, offices, sara is, rest houses other public
building;
(I)) planting and maintaining road side and other trees;
making a survey;
the detention of ownerless dogs or stray pigs, or detention of animals causing
nuisance;
securing or assisting and maintaining pipe and other fitting for the supply of water
to private premises from water works maintained by the Agency;
fair and exhibitions, or athletics or games competitions or tournaments;
constructing and maintaining such roads and buildings and other Government
works as the Government may transfer to the agency;
organization and management of chemical or bacteriological laboratories for the
examination on analysis of water, food or drugs, for the detection of disease or
for researches connected with public health;
the construction and maintenance in the public streets of drinking fountains for
human beings and water-troughs for animals;
the playing of music in squares, gardens or other places of public resort;
(Y) the construction, purchase, organization, maintenance or management of public
transport facilities for the conveyance of the public;
(z) prevention of vagrancy, establishing and maintaining poor houses;
(za) establishing and maintaining a farm or factory for the disposal of sewages;
(zb) swimming pools, public wash houses, bathing places, and other institution
designed for the improvement of public health;
(zc) the purchase of any undertaking for the supply of electric energy or gas or starting
or subsidizing of any such undertaking;
(zd) measures to meet any calamity;
(ze) the regulation of lodging houses, and boarding houses, hotels;
(if) establishing and maintaining means necessary for public medical relief;
(zg) matters likely to promote the public health, safety or convenience of the public;
(zh) urban planning including town planning;
(zi) regulations of land-use and construction of buildings;
(zj) planning for economic and social development;
.(zk) nothing contained in above shall restrict the power of the agency to make
provisions for any function required for the scheme area.
(2) No suit for damages or for specific performance shall be maintainable against the Agency
or any officer thereof, on the ground that any of the duties specified in sub-section (I) hereinabove
have not been performed.
>Lt.
TItz5ira71 I-5-6cl, 30 31 ci 2013 410 (25)
CHAPTER V -
MISCELLANEOUS
The agreement mentioned in sub-section (1) of section 9 and also any instrument executed
between owner of the land and the agency for giving effect to such agreement shall not be
chargeable with any fee under the Registration Act, 1908 (No. 16 of l908).
The agreement mentioned in sub-section (1) of section 9 and also any instrument executed
between owner of the land and the Agency for giving effect to .such agreement shall not be
chargeable with any duty under the Indian Stamp Act, 1899 (No. 2 of 1899).
The State Government may, on proposal submitted by the Agency and if it considers it
necessary in public interest to do so, modify the scheme in such manner and to such extent as it
may consider appropriate. .
Land needed for the purpose of scheme shall be deemed to be a land needed as required
for a public purpose within the meaning of the Land Acquisition Act, 1894 (No. I of 1894).
The Agency shall dispose the property owned by it in a manner as may be prescribed.
All members, officers and employees of the Agency shall, while acting or purporting
to act in pursuance of the provisions of this Act or the rules and regulations made thereunder be
deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860
(No.45 of 1860).
No suit, prosecution or other legal proceeding shall lie against the Agency or any of its
members, officers and employees for anything which is in good faith done or intended to be done
in pursuance of the provisions of this Act or any rules and regulations made thereunder.
(I) The Agency may, make regulations not inconsistent with the provisions of this Act
or the rules made thereunder, for the administration of the affairs of the Agency.
(2) In particular and without prejudice to the generality of the foregoing power, such
regulations may provide for all or any of the following matters, namely—
(a) the summoning and holding of meetings of the Agency and the number of
members necessary to form a quorum thereat;
the powers and duties of the Chief Executive Officer of the Agency;
the management of properties of the Agency;
fees and charges to be levied by the Agency;
such other matters as are to be provided for in regulation.
The Agency may delegate any function assigned to it or any power vested in it under
this Act, except the power under section 4, 7 and 8 (3), to its Chief Executive Officer by
whatsoever name called, or any of its officer that it considers appropriate.
(1) In the .discharge of its duties, the Agency appointed under this Act shall be bound
by such directions, on matters of policy as may be given to it by the State Government.
(2) If any dispute arises between the State Government and any Agency, as to whether a
question is or is not a question of policy, the decision of the State Government shall be final.
Exemption of fee
for registration.
Exemption of
stamp duty on
instrument or
agreement.
Modification of
scheme.
Investment
region develop-
ment and
in
scheme, public
purpose.
Disposal of
property.
Members, officers
and employees
to be public
servants.
Protection of
action taken in
good faith.
Powers of the
Agency to make
regulations for
administration of
its affairs.
Delegation of
powers by
Agency.
Power of the
Stale Govern-
ment to give
directions.
7
bI4. . 4M•
410 (26) Tlar9t41 ( , c-tich 30 aittcti 2013
Powers to 'mike
roles and
regulations.
Power to remove
(ii ilicu It es.
(1) The State Government may, y notification, make rules for carrying out the purposes
of this Act. All rules made under this Act shall be laid on the table of the Legislative Assembly.
(2) The Agency, may, subject to the provisions of this Act and rules made thereunder, make
regulations generally to carry out the purposes of this Act.
If any difficulty arises in giving effect to the provisions of this Act, the State Government
may, by order, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from
tile commencement of this Act.
itlAch, Winn WI W4I a. 14.21Talrl 711 .Yllticn 4 4wF Wilatl, iitl1 3Th-1F/1a-2013.