The ORISSA TOWN PLANNING & IMPROVEMENT TRUST ACT, 1956

THE ORISSA TOWN PLANNING &
IMPROVEMENT TRUST ACT, 1956
ACT NO. 10 OF 1957
Revised assent of the President on the 11th April 1957, first published in an
extraordinary issue of the Orissa Gazette, dated  the 22nd April 1957.
PREAMBLE
AN ACT TO PROVIDE FOR THE IMPROVEMENT, DEVELOPMENT AND
EXPANSION OF TOWNS IN THE STATE OF ORISSA
Whereas it is expedient to make provisions for the development,
improvement and expansion of towns in the State of Orissa so as to secure to
their present and future inhabitants sanitary conditions, amenity and convenience;
It is hereby enacted by the Legislature of the State of Orissa in the Seventh
Year of the Republic of India, as follows:
1. Short title, extent and commencement :- (1) This Act may be called The
Orissa Town Planning and Improvement Trust Act, 1956.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force in the whole or any part of any Municipality or
any other area or areas on such date or dates as the State Government may, by
Notification, appoint.
2 - Definitions :- In this Act, unless there is anything repugnant in the
subject or context-
(1) "betterment charge" means the charge specified by Section 70 in
respect of an increase in the value of land resulting from the execution
of an improvement scheme;
(2) "building line" means a line (in the rear of the street alignment) up to
which the main wall of a building abutting on a projected public
street may lawfully extend;
(3) "Chairman" means the Chairman of the Planning authority;
(4) "land" has the same meaning as in clause (a) of Section 3 of the
 * Published vide Orissa Gazette Extraordinary- Dated 22.4.1957.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. Dated :  22nd April 1957
2
Land Acquisition Act, 1 of 1894;
(5) "local area" means any area in respect of which a Planning authority
or Special Planning authority has jurisdiction under Section 6 and
Section 80 respectively;
(6) "local newspaper" means any newspaper printed and published within
the local area and, if there is no such newspaper, any newspaper
printed and published within the State of Orissa;
(7) "Municipality" means any area to which the Orissa Municipal Act,
XXIII of 1950 applies and to which the provisions of this Act have
been applied by a Notification under Sub-section (3) of Section 1.
Explanation-A Municipality includes a Notified Area constituted under
Chapter XXX-A of the Orissa Municipal Act, XXIII of 1950.
(8) "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;
(9) "prescribed" means prescribed by Rules made under this Act;
(10) "scheme" means a town planning scheme and includes a plan relating
to a town planning scheme;
(11)"street alignment" means a line dividing the land comprised in and
forming part of a street from the adjoining land;
(12) "town planning" includes town improvement and town development;
(13) "Tribunal" means the Tribunal constituted under Section 65;
(14) "Trust" means the Town Improvement Trust constituted under Section
7;
(15) All references to anything done, required, authorised permitted,
forbidden or punishable or to any power vested under this Act, shall
include anything done required, authorised permitted forbidden or
punishable or any power vested-
(a)  by any provision of this Act; or
(b)  by any Rule or scheme under the provisions of this Act; or
(c) under any provisions of the Orissa Municipal Act, XXIII of
1950 which the Planning Authority as defined in Section 6
has, by virtue of this Act, power to enforce;
(16) Words and expressions used in this Act and not otherwise defined
have the same meaning as has been assigned to them in the Orissa
Municipal Act, XXIII of 1950.
3 - Appointment of Director of Town Planning :- (1) The State
Government may by-Notification appoint a person to be the Director of Town
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Planning hereinafter called "the Director".
(2) The State Government shall assign to the Director such establishment
as consisting of such subordinate officers and staff as may be deemed necessary
for the purpose of this Act and they shall, subject to the control of the Director,
discharge such functions as may be assigned to them by the Director.
4 - Conditions of services of Director and his staff :- The Director
and the subordinate officers and staff appointed under this Act shall draw their
pay, pension, leave and other allowances from the Consolidated Fund of the
State. The conditions of service of the said Director, subordinate officers and
staff shall be such as may be prescribed from time to time.
5 - Execution of Town Plan :- (1) Subject to the provisions of this Act,
the Director shall direct, assist and supervise planning authorities in the preparation
and execution of Town Plans 'and Improvement Schemes for development of
towns.
(2) The Director shall advise the State Government in all matters with
respect to the Town Planning Schemes that the Planning authorities may submit
to the State Government for sanction under the provisions of this Act.
6 - Planning Authorities :- When by virtue of Sub-section (3) of Section
1 the provisions of this Act have been brought into force in the whole or any part
of a Municipality or any other area or areas, the Local authorities having jurisdiction
or the Improvement Trust hereinafter constituted under this Act for any particular
area or areas shall initiate and prepare a Town Planning Scheme for the said
Municipality or areas and they shall be called Town Planning Authorities
(hereinafter referred to as the Planning authority) for the purpose of this Act.
7 - Incorporation of Town improvement Trust :- (1) The State
Government may, by Notification constitute one or more improvement Trusts
(hereinafter called the Trust) having jurisdiction over such areas as they may
specify in this behalf and thereupon the duty of carrying out the provisions of this
Act in the specified local area shall, subject to the conditions and limitations
hereinafter provided, be vested in the said Trust.
(2) The Trust so constituted shall be a body corporate by the name of the
Trust and shall have perpetual succession and a common seal and may sue and
be sued in its corporate name.
(3) When one or more improvement Trusts have been constituted under
Sub-section (1) in any local area or areas and there are one or more Local
authorities in such area or areas the improvement Trusts so constituted shall, to
the execution of the Local authority or authorities, exercise the powers and
discharge the functions of the Planning authority in such area or areas.
8 - Constitution of Trust :- 1[(1)] The Trust shall consist of -
(a) a Chairman appointed by the State Government;
(b) the Chairman of the Municipality, ex officio-,
1. Re-numbered by Orissa Act 30 of 1975.
4
(c) the Chief Engineer of the Public Health Engineering Department, ex
officio or his representative;
(d) the Director of the Public Health ex officio or his representative;
(e) the Director of Town Planning, ex officio; and
(f) 1[six] persons appointed by the State Government of whom at least
two shall be non-officials:
Provided that where the jurisdiction of the Trust extends over any Local
authority other than a Municipality or over more than one Municipality the Chairman
of every such Municipality or Local authority shall be a member, exoffcio.
Explanation- The expression "Chairman of a Local authority" shall include
"the Chairman of a Notified Area Council, Sarpanch of a Grama Panchayat or the
Chairman of an Anchal Sabha".
2[(2) The State Government shall appoint one of the trustees to be the
Vice-Chairman of the Trust who shall exercise the powers and perform the
functions of the Chairman during the absence].
9 - Disqualification for appointment as Trustees :- (1) A person
shall be disqualified for appointment as a trustee, if he-
(a) has been convicted of any offence involving moral turpitude;
(b) is an undischarged insolvent or being a discharged insolvent has not
obtained from the Court a certificate to the effect that insolvency
was caused by misfortune without misconduct on his part;
(c) holds any office or place of profit under the Trust;
(d) has directly or indirectly, by himself or by any partner, employer or
employee, any share or interest in any contract or employment with
by, or on behalf of, the Trust; or
(e) is a Director, Secretary or Manager or other salaried officer of any
incorporated company which has any share or interest in any contract
or employment with, by, or on behalf, of the Trust.
(2) A person shall not, be disqualified under clause (d) or clause (e) of
Sub-section (1) or be deemed to have any share or interest in any contract or
employment within the meaning of the said clauses by reason only of his or the
incorporated company of which he is a Director, Secretary, Manager or other
salaried officer having a share or interest in -
(i) any sale, purchase, lease or exchange of immovable property or any
agreement for the same;
(ii) any agreement for the loan of money or any security for the payment
of money only;
(iii) any newspaper in which any advertisement relating to the affairs of
the Trust is inserted;
1. Substituted by Orissa Act 30 of 1975.
2. Inserted by Orissa Act 30 of 1975.
5
(iv) the occasional sale to the Trust to a value not exceeding two thousand
rupee in anyone financial year, of any article in which he or the
incorporated company regularly trades or by reason only of his having
a share or interest otherwise than as Director, Secretary or Manager
or other salaried officer in any incorporated company which has any
share or interest in any contract or employment with, by, or on behalf
of the Trust.
10 - Chairman to be a whole-time officer :- (1) The Chairman may
be either a whole-time or part-time officer of the Trust and where the Chairman
is a whole-time officer, he shall not bold any other salaried office:
Provided that when the Chairman appointed is a whole-time officer of the
Trust, be shall be paid such salary and allowances as may be filed by the State
Government.
(2) The State Government may grant leave of absence to the Chairman
and when such leave is granted the State Government may appoint a person to
act as Chairman.
11 - Term of Office :- The Chairman and the other trustees appointed or
nominated under Section 8 shall hold office for such term as the State Government
may, by Rules provide in this behalf:
Provided that such Chairman and trustees appointed for the first time shall
hold office for a term not exceeding three years, and the said term of office of the
first trustee shall commence on such date as may be appointed by the State
Government:
Provided further that such Chairman and trustees whether appointed for
the first time or any subsequent term shall be eligible for reappointment.
1[12 - Condition of service of Chairman, Vice-chairman and Trustees
:- The condition of service of the Chairman, Vice-Chairman and the Trustees
shall be such as may be prescribed from time to time.
13 - Trustees, etc. shall hold office during the pleasure of the
Government :- The Chairman, Vice-Chairman and the Trustees other than ex
officio Trustees shall hold office during the pleasure of the State Government.
14 - Leave of absence and filling or casual vacancies in certain
cases :- (1) The Trust may permit any Trustee, other than the Chairman or an
ex officio Trustee, to absent himself from meetings of the Trust for any period not
exceeding such limit (which shall not be less than four consecutive months) as
may be prescribed by the State Government.
(2) If any Trustee other than ex officio Trustee is permitted by the Trust to
absent himself from its meetings for any period exceeding four months or if any
such Trustee dies or resigns his office or is removed from Office under Section
13 the vacancy shall be filled within two months by a fresh nomination or
1. Substituted by Orissa Act 30 of 1975.
6
appointment, as the case may be, for the unexpired portion of the term of office
of the Trustee in whose place the new Trustee is to be nominated or appointed.
15 - Conduct of business-Meeting of Trust :- (1) The Trust shall
meet and shall from time to time make such bye-laws with respect to the place,
day hour, notice, management and adjournment of its meetings as it may think
fit, subject to the following provisions, namely:
(a) an ordinary meeting shall be held once at least in every month;
(b) the Chairman may, whenever he thinks fit, and shall upon the written
request of not less than three other Trustees call a special meeting;
(c) the Chairman shall attend every meeting of the Trust unless absence
on leave or prevented by sickness or other reasonable cause;
(d) no business shall be transacted at any meeting unless there be present
at that meeting a quorum of one-third of the number of Trustees at
the commencement of the meeting:
Provided that if at the time appointed for a meeting, or within half an hour
thereafter a quorum is not present the meeting shall stand adjourned to some
future day to be appointed by the Chairman or in his absence, by the Trustee
chosen by the meeting to preside and three days' notice of each adjourned meeting
shall be given. The Trustees present at such adjourned meeting shall form a
quorum whatever their number may be :
(e) every meeting shall be presided over by the Chairman and in his
absence by a Trustee chosen by the meeting to preside for the
occasion;
(f) every matter coming before the Trust shall be decided by a majority
of votes of the trustees present and voting at the meeting, and in all
cases of equality of votes, the person presiding shall have and exercise
a second or casting vote;
(g) if a division be deemed on any question at a meeting, the name of
the Trustees voting and the nature of their votes, shall be recorded
by the person presiding;
(h) minutes of the proceedings at each meeting (together with the names
of the Trustees present shall be recorded in a book to be provided
for the purpose and such minutes shall be read at the next ensuing
meeting and signed by the person presiding at such meeting. The
minutes book shall be opened to inspection by any Trustee during
office hours.
(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.
(3) The Trust may associate with itself in such manner and for such period
as may be prescribed, any person or persons whose assistance or advice it may
desire in carrying out the duties under this Act for any particular purpose.
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(4) The person or persons so associated under Sub-section (3) shall not
be deemed to be members of the Trust and shall have no right to vote at any
meeting thereof but they may take part in the discussion of the Trust relating to
the purpose or purposes for which they were associated with Trust.
16 - Constitution and functions of Committee :- (1) The Trust may,
from time to time with a view to give effect to the purposes of the Act, appoint
one or more Committee of which the Chairman of the Trust shall be a Member ex
officio and such Committee or Committees shall consist of such persons of the
following clauses as it may think fit, namely:
(i) trustees;
(ii) persons associated with the Trust under Sub-section (3) of Section
15;
(iii) other persons whose assistance or advise the Trust may desire as
members of such Committee:
Provided that no Committee shall consist of less than four persons excepting
the Chairman.
(2)The Trust may,
(a) refer to such Committee for enquiry and report any matter relating
to any of the purposes of this Act; and
(b) delegate to such Committee by specific resolution and subject to any
bye-laws made in this behalf any of the powers or duties of the
Trust relating to the subject matter for which the Committee has
been appointed.
(3) The Trust may, at any time, for reasons to be recorded in writing,
dissolve or subject to the provisions of Sub-section (1) after the constitution of
any such Committee.
(4) Every Committee shall carry out any instruction given to it by the Trust,
and every final decision of such Committee shall, subject to any bye- law to the
contrary be laid before the Trust for confirmation.
17 - Meeting of Committee :- (1) A Committee appointed under Section
16 may meet and adjourn as it thinks proper; but the Chairman may, whenever
he thinks fit, and shall, upon the written request of not less than two members
thereof, call a special meeting of such Committee.
(2) Every meeting of a Committee shall be presided over by the Chairman
if he is present whether he is member thereof or not and when he is absent from
the meeting the members present shall elect a person from amongst themselves
to preside.
(3) No business shall be transacted at any meeting of the Committee unless
there be present at least one-half of the number of the members constituting the
Committee.
(4) Every matter at a meeting of a Committee shall be decided by a majority
8
at the votes of the members present and voting, the person presiding having a
second or casting vote in all cases of equality of votes.
18 - Trustees (other than Chairman) and associated members of
Trust or Committee not to receive any fee for attendance at meetings
:-(1) No Trustee (other than the Chairman) and no person associated with the
Trust under Section 15 shall receive or be paid from the funds of the Trust any
fee or other remuneration for attending any meeting of the Trust or of a Committee
appointed under Section 16.
(2) No person appointed as a member of a Committee under clause (iii) of
Sub-section (1) of Section 16 shall receive or be paid from the funds of the Trust
any fee or other remuneration for attending any meeting of such Committee.
(3) A Trustee, any person associated with the Trust under Section 15 or
any person appointed as a member of a Committee under clause (iii) of Sub-
section (1) of Section 16 may, subject to the prescribed conditions and restrictions
for undertaking any journey in connection with any of the affairs of the Trust or,
as the case may be, of any Committee, be paid traveling and other allowances
for attending any meeting of such Trust or Committee at such rates as may be
fixed by the Trust with the approval of the State Government.
19 - Trustees and associated members of Trust or Committee not
to take part in proceedings in which they are personally interested :-
(1) A Trustee who "
(a) has directly or indirectly, by himself or by any partner, employer or
employees, any such share or interest as is provided in Sub section
(1) of Section 9 in respect of any matter; or
(b) 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 relating to such matter.
(2) If any Trustee or any person associated with the Trust under Sub
section (3) of Section 15, or any other member of a Committee appointed under
Section 16, has, directly or indirectly, any beneficial interest in any land situated
in ah area comprised in any improvement scheme framed under this Act or in an
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 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 the said Committee
upon any resolution or question relating to such land; and
(iii) he shall not if so directed by the person presiding take any part in
any proceeding at a meeting of the Trust or the said Committee
relating to such land.
20 - Power to make and perform contracts :- The Trust may enter
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into and perform all such contracts as it may consider necessary or expedient for
carrying out any of the purposes of this Act.
21 - Execution of contracts and approval of Committee :- (1) Every
contract shall be made on behalf of the Trust by, the Chairman:
Provided that:
(a) a contract involving an expenditure exceeding three thousand rupees
but not exceeding one lakh rupees shall not be made by the Chairman
without the previous sanction of the Trust; and
(b) a contract involving an expenditure exceeding one lakh rupees shall
not be made by the Chairman without the previous sanction of the
trust and the State Government.
(2) Every estimate for expenditure of any sum for carrying out any of the
purposes of this Act shall be subject to the approval of the authority or authorities
empowered under Sub-section (1) to make or as the case may be to sanction the
making of a contract involving the expenditure of a like sum.
(3) Sub-sections (1) and (2) shall apply to every variation or abandonment
of a contract or estimate as well as to an original contract or estimate.
22 - Further provisions as to execution of contract :- (1) Every
contract made by the Chairman on behalf of the Trust shall be entitled into in
such manner and form as would bind the Chairman as if such contract were
made on his own behalf, except that the common seal of the Trust shall be used
where necessary and every such contract may in the like manner and form, be
varied or discharged.
(2) Every contract for the execution of any work or the supply of any
materials or goods, shall be in writing and shall be sealed.
(3) The common seal of the Trust shall remain in the custody of such
officer or employee of the Trust as the Chairman may, by any written order direct
and shall not be affixed to any contract or other instrument except in the presence
of a Trustee (other than the Chairman who shall attach his signature to the
contract or instrument in token that the same was sealed in his presence.
(4)The signature of the said Trustee shall be in addition to the signature of
any witness to the execution of such contract or instrument.
(5) A contract not executed as provided in this section shall not be binding
on the Trust.
(6) The procedure for calling of tenders demand or security for due
performance of contracts and such other incidental purposes shall be such as
may be prescribed.
23 - Supply of documents and information to the State Government
:- (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 are signed as required by clause (h) of Sub-section (1) of
10
Section 15.
(2) The Chairman shall, if so directed by the State Government forward to
them 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 them with-
(a) any return, statement, estimate, statistics or other information
regarding any matter under the control of the Trust; or
(b) a report on any such matter; or
(c) a copy of any document in the charge of the Chairman.
24 - Appointment, promotion and punishment of staff :- (1) Subject
to the Rules made by the State Government in this behalf, the conditions of
Service of the different class or grades of officers and staff and the strength of
such services shall be regulated by regulations made under this Act.
(2) Subject to such Rules and Regulations as hereinbefore specified the.
power of appointing of and promoting officers and employees of the Trust and
reducing, suspending or dismissing them for misconduct and dispensing with
their services for any reason other than misconduct, shall be vested in the Trust:
Provided that:
(a) in the case of officers and employees whose monthly salary does not
exceed three hundred rupees the appointing authority shall be the
Chairman;
(b) in the case of officers whose monthly salary exceeds three hundred
rupees, the appointing authority shall be the Trust;
(c) in the case of appointments of officers whose monthly salary exceeds
one thousand rupees; the appointing authority shall be the Trust
which shall take the previous sanction of the State Government before
such appointment.
25 - Control by Chairman:- The Chairman shall exercise supervision
and control, over the acts and proceedings of all officers and employees of the
Trust and subject to the foregoing sections, and dispose of all questions relating
to the service of the said officers and employees, and their salaries, allowances
and privileges.
26 - Delegation of certain functions of Chairman :- (1) The Chairman
may, by general or special order in writing, delegate to any officers of the Trust
any of his powers, duties or functions under this Act or any Rule made there
under, except those conferred or imposed upon or vested in him by Sections 15,
17, 21, 24, 105, 109, 111 and 134.
(2) The exercise by any officer of any powers, or discharge of duties of
functions delegated to him under Sub-section (1) shall be, subject to such
restrictions, conditions and limitations (if any) as may be laid down by the
Chairman, and shall also be subject to his control and revision.
11
27 - Appeal :- (1) An appeal shall lie from an order of punishment other
than an order of censure or fine by the Chairman to the Trust in the case of
original orders passed by the said authority to the State Government and the
order of the Chairman of the Trust subject to any order passed in appeal, if any,
shall be final:
Provided that if the appellate authority enhances the punishment, an appeal
shall lie to the State Government against such order.
(2) For the purposes of this section an order of suspension only shall not
be deemed to be an order of punishment.
28 - Power to set aside resolution or order of the Trust :- The
State Government may set aside any resolution of the Trust or any order of the
Chairman or of the Trust, if in the opinion of the State Government, the resolution
or order is in excess of the power conferred by law.
29 - Preparation of Master Plan :- (1) The Planning authority within
two years from the date of the Notification issued under Sub-section (3) of Section
1, shall undertake and complete in the prescribed manner a civic survey of the
area for which the said Notification has been issued and, shall within four years
from the date of the said Notification, submit to the State Government through
the Director of the Master Plan of the said area.
(2) If in the opinion of the State Government, the Planning authority is
unable to complete the civic survey within the said two years or prepare the
Master Plan within four years as hereinbefore provided, the Director shall do the
said survey and preparei the said plan in which event the cost of the said survey
and of the preparation of the Master Plan shall be recovered from the Planning
authority, unless for any special reason, the State Government decide to waive
such recovery.
30 - Preparation of Master Plan :- The Master Plan shall be prepared
with the following, among others objectives in view, namely;
(i) in removal of over crowding;
(ii) clearance of slums and urban obsolescene;
(iii) planned urban expansion;
(iv) reclamation of low-lying and waste areas;
(v) segregation of Industrial areas from residential areas;
(vi) provision for an integrated road system;
(vii) provision for an integrated water-supply system;
(viii) provision for an integrated drainage and sewerage system;
(ix) provision for metropolitan green belts;
(x) provision for open spaces in built-up areas;
(xi) development of residential areas on neighbourhood principles;
(xii) reservation of suitable areas for various community needs including
play grounds and children's park;
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(xiii) utilisation of natural amenities;
(xiv) stoppage of urban development and recovery of ribbonated road
side lands;
(xv) preservation of historical monuments;
(xvi) promotion of correct land use; and
(xvii) any other proposal bearing on the health, comfort convenience
and general betterment of the inhabitants of the locality.
31 - Publication of Master Plan :- (1) The Planning authority shall
immediately, after the preparation of the Master Plan, notify in the Gazette and in
a local newspaper, If any, that the said plan has been duly prepared and that
person interested in the said plan may see it at a fixed time and place and file
objections, if any, within sixty days from the date of such Notification.
(2) When objections and suggestions have been received by the Planning
authority within the specified date, the same shall be duly considered by the
Planning authority within thirty days from the said date and thereupon a copy of
the Master Plan together with their views on the said objections, and suggestions
shall be forwarded in case such Planning Authority is a Trust to the State
Government and in other cases to the Director.
(3) When a Notification has been published under Sub-section (1) no person
shall erect or proceed with any building or work or enter into or carry out a
contract in respect of the land within the area included in the Master Plan unless
he has applied for and obtained permission from the Planning' authority and
while giving such permission the said authority shall .have due regard to the
purposes and provisions of the said Master Plan.
32 - Approval of Master Plan and final publication :- The Director or
the State Government, as the case may be, shall take into consideration the said
views of the Planning authority under Sub-section (2) of Section 52 and approve
the said Plan without modifications. Thereupon the Planning authority shall notify
in the Gazette and in a local newspaper, if any, that the Master Plan has been duly
approved and then any person interested in the said plan may see it at a fixed
time and place.
1[32A - Variation of Master Plan :-  (1) If on a proposal made in that
behalf by the Planning authority or otherwise the State Government are of opinion
that it is necessary in the public interest to make any variation in any Master Plan
approved under Section 32, they may incorporate the proposed variations in the
Master Plan and notify in the Gazette and in a local newspaper, if any, that any
person interested therein may see it at a fixed time and place and file objections
or suggestions, if any, within sixty days from the date of such Notification.
(2) The State Government may after taking into consideration all objections
and suggestion received under Sub-section (1) and making such enquiry as they
deem necessary, finalise the variations so made with or without modifications
1. Inserted by Orissa Act 23 of 1969.
13
and notify in the Gazette and in a local-newspaper, if any, that the variations in
the Master plan have been duly made and any person interested therein may see
it at a fixed time and place.
(3) If any person who is affected by such variation, has incurred any
expenditure in compliance with the Master Plan as it existed before such variation
such person shall be entitled to receive compensation for the loss he has suffered
by reason of such variation.
(4) Any person claiming compensation under Sub-section (3) may, within
sixty days from the date of the Notification under Sub-section (2), make an
application in that behalf to the prescribed authority who shall determine the
compensation in the prescribed manner.
(5) The compensation determined under Sub-section (4) shall be paid,
where the variation is made on a proposal from the Planning authority, by such
authority and in any other case by the State Government].
33 - Duties and liabilities of owners of property :- (1) After issue of
the Notification under Section 32 no owner of any land shall erect or proceed
with the construction of any building or work to enter into or carry out a contract
in respect of land within the area included in the Master Plan unless he has
applied for and obtained a licence from the Planning authority to the effect that
the proposed building or work or contract is in accordance with and is not contrary
to any of the provisions of the approved plan.
(2) It shall be the duty of the owners of land to ensure that developments
on their lands are not contrary to the Master Plan.
(3) It shall be the duty of the Planning authority to refuse permission to
any applicant for development which is not in according with or is contrary to any
of the provisions of the Master Plan.
(4) Dispute, if any, arising between a Planning authority and owner of land
with regard to an application for development shall be referred to the State
Government through the Director for decision. The decision of the State
Government shall be final.
(5) Any development which has been made in any land without the
permission of the Planning authority and which is contrary to the Master Plan
shall not be taken into account in awarding compensation in the event of the land
being acquired subsequently under the provisions of this Act for implementation
of the detailed schemes under the Master Plan.
34 - Improvement scheme :- (1) The Planning authority shall prepare
within the frame work of the Master Plan a well-defined improvement scheme
and such scheme may be one of the following types or combination of arty two or
more of such types or any special features thereof, namely. :
(i) a general improvement scheme;
(ii) a re-building scheme;
(iii) a re-housing scheme;
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(iv) a street scheme;
(v) a deferred street scheme;
(vi) a development scheme;
(vii) a housing accommodation scheme;
(viii) a town expansion scheme;
(ix) a drainage and sewerage disposal scheme; and
(x) a water supply scheme.
(2) An improvement scheme may provide for all or any of the following
matters, namely:
(i) the acquisition by purchase, exchange or otherwise of any property
necessary for or affected by execution of the scheme;
(ii) the re-laying out of any land comprised in the scheme:
(iii) the re-distribution of sites belonging to owners of property comprised
in the scheme;
(iv) the closure or demolition of dwelling or portions of dwellings unfit
for human habitation;
(v) the demolition of obstructive buildings or portions of buildings;
(vi) the construction and reconstruction of buildings;
(vii) the sale, lease, exchange of any property comprised in the scheme;
(viii) the laying and alteration of streets and provision of side walks for
pedestrians;
(ix) the drainage, sewerage, water supply and lighting of streets so laid
or altered;
(x) the provision of open spaces for the benefit of any area comprised in
the scheme or any adjoining area, and for the enlargement of existing
open space and approaches;
(xi) the provision of sanitary arrangements required for the area comprised
in the scheme including drains, the disposal or waste and refuse
and the conservation and prevention of injury or contamination to
rivers or other sources and means of water-supply;
(xii) provision of accommodation for any class of persons;
(xiii) advance of money for the purposes of the scheme;
(xiv) provision of facilities for communication;
(xv) reclamation or reservation of land for market, gardens, afforestation,
provision of fuel and grass supply, and other needs of inhabitants;and
(xvi) any other matter for which, in the opinion of the State Government,
it is expedient to make provision with a view to the improvement of
any area comprised in the scheme or of any adjoining area or the
general efficiency of the scheme.
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35 - Power to frame general improvement scheme :- Whenever it
appears to any Planning authority that within the frame-work of that portion of
the Master Plan which has been allotted it for execution by means of a detailed
scheme (hereinafter referred to as the allotted plan)-
(a) in any area, any buildings used or intended or likely to be used as
dwelling places, are unfit for human habitation; or
(b) danger to the health of the inhabitants of buildings in any area, or of
building in the neighbourhood of such area, is caused by-
(i) the narrowness, closeness, or bad arrangement or condition
of streets or buildings or groups of buildings in such area; or
(ii) the want of light, air, ventilation or proper conveniences in
such area; or
(iii) any other sanitary defects in such area;
the said authority may pass a resolution to the effect that such area is an
insanitary area and that a general improvement scheme ought to be framed in
respect of such area and shall then proceed to frame such a scheme:
Provided that where no Master Plan has been finally published under Section
32 or any area included within the frame-work of the Master Plan has not been
allotted to a Planning authority for execution by means of a detailed scheme and
the State Government are satisfied on a resolution passed by the said authority
or otherwise that it is necessary to take immediate steps to frame a scheme
under this section in respect of such area, the State Government may direct the
said authority to frame such scheme and the provision of this Act shall apply to
the said scheme as if it were an improvement scheme within the allotted plan.
36 - Re-building Scheme :- (1) Whenever it appears to the Planning
authority that within the frame work of the allotted plan any area is an insanity
area within the meaning of the preceding section and that having regard to the
comparative value of the buildings in such area and of the sites on which they are
erected the most satisfactory method of dealing with the area or any part thereof
is a rebuilding scheme the Planning Authority may pass a resolution to that effect
and shall then proceed to frame a scheme in accordance with the provisions of
this section.
(2) A re-building scheme may provide for-
(a) the preservation of streets lanes and open spaces and the enlargement
of existing streets, lanes and open spaces to such extent as may be
necessary for the purposes of the scheme;
(b) the re-laying out the sites of the area upon such streets, lanes or
open spaces so reserved or enlarged;
(c) the payment of compensation in respect of any such reservation or
enlargement and the laying of the streets, lanes and open space so
reserved or enlarged;
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(d) the recommendation, alteration or demolition of the existing buildings
or parts thereof and their appurtenances by the owners or by the Planning authority
in default of the owners and the erection of buildings or parts thereof in accordance
with the scheme by the site as defined under the scheme;
(e) the advance to the owners, upon such terms and conditions as to
interest, sinking fund and otherwise as may be provided under the scheme of
such sums as may be necessary to assist them to reconstruct or alter existing
buildings or to erect new buildings in accordance with the scheme;
(f) the acquisition by the planning authority of any site or building comprised
in the area included in the scheme.
37 - Re-housing Scheme :- The planning authority may frame schemes
for development of sites and for construction, maintenance and management of
such and so many dwellings and shops as it may consider necessary for persons
who -
(a) are displaced by the execution of any improvement scheme sanctioned
under this Act; or
(b) are likely to be displaced by the execution of any improvement scheme
which it is intended to frame, or submit to the State Government for
sanction, under this Act.
38 - Street schemes :- (1) Whenever the planning authority is of opinion
that within the frame-work of the allotted plan it is expedient to lay out new
streets or alter existing streets (including bridges, causeways and culverts) in
any area, for the purpose of -
(a) providing building sites, or
(b) remedying defective ventilation; or
(c) creating new or improving existing means of communication and
facilities for traffic; or
(d) affording better facilities for conservancy, the Planning authority, may
pass a resolution to that effect, and shall then proceed to frame a
street scheme for such area.
(2) A street scheme may, within the limits of the area comprised in the
scheme, provide for the following matters;
(a) the acquisition of any land which will in the opinion of Planning
authority, be necessary for its execution;
(b) the re-laying out of all or any of lands so acquired, including the
construction and reconstruction of buildings by the Planning authority
or by persons authorised by the said authority in that behalf and the
laying out, construction and alternation of streets and. through fares;
(c) the drainage, water-supply, and lighting of streets and thoroughfares
so laid out, constructed or altered;
(d) the raising, lowering or reclamation of any land vested in or to be
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acquired by the Planning authority for the purpose of the scheme;
(e) the provision of open spaces for the better ventilation of the area
comprised in the scheme;
(f) the acquisition of any land adjoining any street, thoroughfares or
open space included in the scheme.
39 - Deferred street scheme :- (1) Whenever the Planning authority is
of opinion that within the frame-work of the allotted plan, it is expedient for any
of the purposes mentioned in Section 38 to provide for the ultimate widening of
any street by altering the existing alignment of street to improve alignments to be
specified by the Planning authority but that it is not expedient immediately to
acquire all or any of the properties lying within the proposed improved alignments,
the said authority, if satisfied as to the sufficiency of its resources, may pass a
resolution to that effect, and shall forthwith proceed to make a scheme to be
called a "deferred street scheme" specifying alignment on each side of the street.
(2) A deferred street scheme shall provide for-
(a) the acquisition of the whole or any part of any property lying within
the specified street alignment within the time-limit provided in the
scheme which may be extended by the State Government;
(b) the re-laying out of all or any such property, including the construction
and reconstruction of buildings by the Planning authority or by any
other person, and the formation and alteration of the street.
(c) the drainage, water-supply and lighting of the streets so framed or
altered.
(3) After a deferred street scheme has been sanctioned by the State
Government -
(a) no person shall, except with the written permission of the Planning
authority, erect, re-erect, add to or alter any building or wall so as to
make the same project beyond the specified alignment of the street;
(b) the owner of any property included within the specified alignment of
any street may, at any time, give the Planning authority notice requiring
it to acquire such property before the expiration of six months from
the date of such notice, and thereupon the said authorities shall
issue notice of the intention to acquire such property and the property
shall be acquired accordingly;
(c) before proceeding to acquire any property lying within the specified
alignment of the street [other than property regarding which it has
received a notice under Clause (b)] the Planning authority shall give
six months' notice to the owner of its intention to acquire such property.
40 - Development scheme :- (1) In regard to any area to which this Act
applies the Planning authority may, from time to time, prepare, within the frame-
work of the allotted plan, a scheme of proposed public streets with plans showing
the direction of such streets, the street alignment and building line oh each side
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of them, their intended width and such other details as may appear desirable.
(2) When any such scheme has been notified under Section 45 the street
to which it refers, shall be deemed to be projected public street.
(3) If any person desires to erect, re-erect, add to, or alter any building or
wall so as to make the same project beyond the street alignment or beyond the
building line shown in any plan so adopted, he shall apply to the Planning authority
for permission to do so.
(4) If the Planning authority refuses to grant permission to any person,
within six months of the date of his application to erect on his land any building or
wall to project as aforesaid and if it does not proceed to acquire such land within
one year from the date of such refusal, the Planning authority shall pay reasonable
compensation to such person for any damage sustained by him in consequence
of such refusal.
(5) When any building or wall or part thereof projecting into or beyond, or
adjacent to the street alignment or building line shown in any plan adopted as
aforesaid has fallen down or been demolished or burnt down, or is in the opinion
of the Planning authority, in a condition likely to endanger public safety or public
health the said authority, may by written notice, require or permit the same to be
set back, or set forward, as the case may be to or towards such street alignment
or building line.
(6) When any building or 

Excerpt shown. Open the full act in Lexace.

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