The Manipur Town and Country Planning Act, 1975

THE MANJPUR TOWN AND COUNTRY PLANNING ACT, 1975(MANIPUR ACT OF 1975) ( A.e>?.le, 11 "{-1'31'S.-)- "-:-----AN ACT to provide for planning tlie development,and use of rural, hill and urban lands in the State of Manipur and for purposesconnected therewith. Be it enacted by the Legislature of Manipur in the Twentyssixth Year of th! Republic of India as follows:- CHAPTER I Preliminary 1. (1) This Act may be called the Manipur Town and CountryPhnning Act, 1975. (2) It extends to the whole of the State of Manipur.(3) Jt shailcome into force in su? and on such date as the State Government may by Notification in the Official Gazette,appoint, and different dates may by svch notification be appointed for different areas. 2. In this Act, unless there is anything repugnant in the subject or context, ·(i) "Authority" means the Planning and DevelopmentAutho­ rity constituted under Section 13 of this Act. (ii) "bettermeni charge" means the charge prescrited ia res­ pect of an increase in the value of land resulting from the execution of a scheme; (iii) "board" means the State Town and Country Planning/ Board constituted under Sectiou 3 of this Act; (iv) "building" means any construction for whatsoever purpose and of whatsoever materials constructed and every part thereof, ll'hc:ther used for hurnau habitation or not, and includes plinth, walls, chimney,drainage-work, fixed platform, \erandah. balcony, cornice, or projec­ tion, or part of a building or anything affixed there to, or any "all,earth-bank, fence or other construction enclosing or delimiting or intended to enclose or delimit any land or space; (v) ''building.operation" includes rebuilding operations, struc. tural alterations of or additions to buildings and other operationsnormally undertaken in connecticn with the construction or recons­ truction of buildings; (vi) "Chiet' Town Planner" means a person appointed by the State Government to perform the duties of a Chief Town Planner of the Town & Couiltry Planning or any other officer ernpov ered by the State G0vernment as such Chief Town Planner LIDder this Act. Shor, tit:e extent and commence. menr, Definitions_ 2 (a) {b) the carrying out of works which affect only the i?:erior of a building or which do not mate1ially affect the use and :..i: eAicrnal appearance of the building; the carrying out by a local authority of any works v.i:::':; the boundiries of a rvad for the maintenance or :mp:c··? ment of the road, (c) the carrying out by a local authority any works fer :? purpo?es of inspecting. r?pairing or renewing. an) ??-"°' main pipes, cables or other appa1atus. incJi;diog the bre:;-..:::- ! open of any street or ether land for that purpose; .;.::.: (vii) "Chief Town Planning Officer" means the Officer appointed under section l 4(b) and shall be subordinate to the Chief T own PJln:Der and shall be under the control and supervision of the Chief ! own Planner. (viii) "development", '\\ith its grammatical ,ariations, means the carryin., out of building. engineering, mir.ing er other operations in, on, over or under land or the making of any material cbarge, in any building or land, or in the use of any building or land, and includes sub-division of any land; but does not include :- (d) the use of any building or other land within the cu:t:l..:.r= of dwdling house for any purpose incidental to tbe er::-::•- ment of the dwelling house as such; (ix) "develo,2!llent scheme" means a scbem repared under?.::- ? tion 29 and incliii es a plan or pans Ioget er wit e es..--r::;:::,! matter, if any, relating to such a scheme; (x) "engineering operation" includes the formation or laying c::1 of means of access to a road or the laying out of means of 9.;:;.:er supply or the laying out of means of electric, telegraphic or tele- phonic connections; 61 of 1948. (xi) '•factory" means a factory to which the provis;ons of the Factories Act, 1948 (Central Act No. 63 of 1948) shall apply; {xii) "hill areas" means such areas in the hill tracts of Manipur as the State Government may, by notification in the Official Gazette. declare to be bill areas; (xiii) "industrial concern" means a factory workshop, mill or any concern of similar nature where materials are manufacrufed.u- paired, altered or processed; (xiv) "land" includes benefits arising out of land, an4 things attached to the earth or permanentlyfastened to anything attached to the earth; (xv) "Legislative Assembly" means the Legislative Assembly of Manipur; (xvi) "local authority" means a Municipal Board, Small Town Committee, Gram Pancbayat, Hill Areas District Council or any other Village Authority of a village in Manipur; (xvii) · ··Occupier" means an occupier of a land or building or any portion thereof and inchides a tenant, an owner in occupation 3 of (or otherwise using) his land, a rent free tenant of any land, a licensee in occupation of any land, and person who is liable to pay to the owner rent or any other changes for the use and occu- pation of any land; (xviii) "Official Gazet?" means the Manipur Gazette; (xix) "open space,, means any land, whether enclosed or not, which has been laid out for purposes of public recre:nion or lies waste or unoccupied, and in which the part covered b? buildings, if any, does not exceed voe-twentieth of it in area ; (xx) "Plan" means a Master Plan prepared under Section 22 of this Act; (xxi) ''prescribed" means prescribed by Rules made under this Act] (xxii) "re-constituted plot" means a plot which is in any way altered by the implementation of a development scheme. (xxiii) "road" means any highway, street, lane, pathway, alley, passage way, carriageway, square, bridge, whether pri\·ate or public, whether thoroughfare or not, whether existing or prcposed in any scheme, and includes all bunds, channels, ditches, drains, culverts, side-walks and traffic islands ; (xxiv) "State Government" means the State Government of Manipur; (xxv) "Zone" means any one cf the divisions in which the Master Plan areas may be divided for the purposes of uses of land or for the purposes of development under this Act; (xxvi) "Zoning Regulation" means a re!ulatioo made by the State Governmcn: in respect of a zone or a number of zones under a Master Plan. CHAPTER n State Town And Country Planning Board CClllStitution 3. (I) The State Government shaI!., by notification in the official oflhc Board. Gazette, constitute a Board to be b:,a.v.n as the State Town and Country Planning Board for the purposes of this Act consisting of the fellowing members:- (a) Minister in charge of Town and Country Planning, Manipur. Chairman (b) Secretary (Revenue), Manipur, Member (c) Secretary {Finance), Manipur, do (d) Secretary in charge of Town d-. Country Planning, Manipur. do (c) Chief Engineer,PWD, Maniper, do (f) Director of Medical, Health &. Family Planning Services, Manipur. do (g) Chief Town Planner of Town k Country Planning or a Chief Town Planning Officer or Executive Engineer. (Town Planning), Manipur. Member Secretary/.ti>Such Chairman cf Municipal Board or Town Committees falling within the area covered by the Master Plan, not exceeding two, as may be co-opted by the Board by notification in the official Gazette. Member .Ai)Four other llllD-official mem?rs, half of whom shalrbe nominated by the Assembiv and the rest by 1111: Seate Government. do U) Chief Engineer/Superintending Engineer- ing, Electricity Department, Manipur. do * (k) Two officers of the State Government to. be nominated by the State Government. Members (2) The State Government shall publisb,by notification in the official Gazette, the names of the persons co-opted or nominated under clause (b), or clause (i), of sub-section (I) of this section. /·Meetings ot 4 (I) The Board shall meet at sucb time and at such place and, tbc Board.. subject to the provisions of this section, observe such procedure as may be prescribe in regard to the tzansaction of its business at such meeting. (2) The Chairman shall preside ever the meetings of the Board, and in the absence of the Chairman, te members present shall choose one from among themselves re preside over that particular meeting. * Added by the Manipur Town an:i Country Planning (Amendment) Act, 1976 (Manipui Act No.4 of 1976). 5 FurL:·tions a r.d ::·ov:ers oft?,? Board. Ternporary ass.ccia tion of persons wi,•h r he Bo<Jrd for par;·!icular rurq:oses. (3) All questions at a meeting of the Board shall be decided by arnaiority of votes of the members present and voting, and al! membersof Board, including the CO-Opted members, shall have one vote each,and the Chairman or the person presicling over a meeiing shall have.a second or casting vote in the case of equality of votes.(4) The quorum of a meeting of the Board shall fe five, and if atany nr.:-.etingthere is no quorum the Chairman or the r?rscn presidingover the meeting shall adjourn the meeting or suspend ir until there isquorum, (5) The Board shall have pcwer to act notwithstanding anyvacancy in the membership therecf. 5. (I) The Board may assccmr- with itself, in suet manner andfor suca purposes as may be prescribed, any persons whose assistancs or advice it may require in p:rforming any of its functions under this A ct.(2) Any person associated wnb it by the R,ard unc.::r su h- section(I) for any purpose shall have the right to take part in the discussionsin a meeting of the Board, but shall not have the right to vote. 6. (I) Subject to the provisions of this Act and the Rulesmade ti:?:-eunder, the functions cf the Board shall be to guide. direct, andassist 0he Planning and Develcpment A uth., r ities. to ?,d\i?e the StateG"\'ernment in matters relating to planning, the ,- evelo;:-:::ent ar.d use cfrum], till and urban land in the State, and to perf:?m suer, other functionsas the State Government znay, from time to time, assigr:. to the Board.(2) In particular and wirh..ur prejudice to the generaliry of the forgoing .provisions. the Board may, and shall, if required by the State Gowrnment. (a) direct the preparation of development s.:hemes by theAuthorities; (b) undertake, assist and encourage the coJJcctior.,maintenance,and publication of statistics, bulletirs ai::d rnoncgraphson planning and its methodology; (c) prepa-s · and furnish up.•rts relating to tile working ofthis Act; · (d) perform any other function \\hicb i< ,upr,lemental,incidental or conscquen:iaJ to any of the fu.1ctions afore­said or which may be prescribed.-; The State Government may provide the Bc?::.rd with. such Stafi ' cf the nur::?:- o: st2ff as is suffic:ent to ttable the Boaid to dis<11arfe its Boortl. fun:uo'.15 ;:rop::rly t nder such terms znd ccnditio; s as may be ,r ecified by :t= Gover.mne:it. 8. A:iy non-official member n:ay at any t;me re::.ign his office, R?igmatio_n pro,ic:d ,hat his resignat:on shall net take effect umi! a:-cepted by 0.f I ncJr;-iffi- the Ste:.:e Government. Vern rr.?m ers.L?!analion:-In thi$. Chapter. "ncn official mern:-?r·• meam, any• . pers_on cu-opted ?r norr:1natcd t:rd?r cfause (h) or clai;?e (il of sub- section (I} of secton (3J, 9. The term of oif.ce of any nonsofficial member shall be Term ofordin;iri!y three )ears, and they may be giver; wch a:lowancc: as may i!??;ti?:? be fix:<l by the State Government: ofsenice. (a) Commence­ mentofthe term o' office of non-offi­ cia! member. Removal of non-official members, fiiiing of casaal vacan­ cies, 6 Provided that the terms of office of the nob-official members sl:llil terminate as soon as they cease to be members of the Legisla­ tive Assembly or the local authority, as the case may he. 10. (I ) The term of office of non-official dlcmbers shall com!lldlt on such date as may be notified in this behalf by the State Government. (2 I A person ceasing to be a member by reason of the expiry of his term of office as described in section 9, shall be eligible for re-nomination of re-c...?.::-ptim:.. · 11. :[\! )] Tr e c;12t? Government may remove from the Board any member who refuses to act, or becomes incapable of acting or absents himself from three consecutive meeting of the Board and is unable to explain such absence to the satisfaction of the Boore; OT (b) has so flagrantly abused in any manner his position as a member cf the Board as to render J:,Js continuance detrimental 10 the public interest : Provided that when the State Government proposes to take action under the foregoing provisions of this section, an opportunity shall be given to tr-e member concerned to represent against the proposed action, and when such action is taken, the reasons thereof shall be placed on record, ? [(2) A member removed under clauses (a) and (b) of sub-section (l) shall not be eligible ict re-a;,pointment or re-nomination, as the case may be.J I 2. (I) When the office of a member nominated or co-opted becomes vacaffl' on accounr c: his resignation, removal or death, it shall be filled up as soon as possible by nomination or co-option, as the case may be. (2) The term of office of a member ncminated or co-opted under sub-section (I) shall ce the remaining term of bis predecessor .. 1. Numbered b! the Mar::pur Town and Country Planning (Second Amendment) Act, 1976 1Manipur Act No. 25 of !976) 2. Added by 'the Manipur Town and Country Planning (Seoodd Amendment) Act, 1975 (Manipur Act No. 25 of 1976). consist of the fo1LJwing members" CHAPTER Ill Pianning and Development Authority. 13. (1) The State Government may, by notificatiL1n in the Offidall Gazette, constitute an A uthority to be known as the Planning and Develop,JtW?Authody (hereinafter referred to as the AuqiontYJ fflir thrp'l.1rposes of this Act, with jurisdiction over such area as may be specified in the said notification, and different Authorities may be constituted for different areas. ?2) The Authority shall be a ?d,.1._coroorate haviug perpetuail suc.;cssion and a common seal with power to acquire, hold and dispose of properties, both moveable and immoveable, and to enter into any agreement, and shall. by its name, sue and be sued. !'. The Authority shall namely:- (a) A Chairman to ?-___E?_!J!ted bv the State Governmenr.-- . Constitution of the Autho­ rity. Composition of the Autho- ,tty. (b) A Vice-Chairman to be appointed by the State Government. (c) A Chief Engineer of the Authority to be app0inted by the State GoYernment. (dl A Chief Town P1anning Officer of the Autho­ rity to be appointed by the State Government. (e, A Chief Finance Officer to be appointed by the State Government. (f) A Secretary/Administrator to be appointed by the State Government. (g) Deputy Commissioner for the District Head Quarter Town or the Sutr-Divisional Officer of the Revenue Depar1ment for other small towns, as the case may be. (h) Senior Architect to be nominated by the Government. (i) Chairman or Chairman of the lccal Authority or authorities covered by the Master Plan, as nominated by the State Government. (j) One member representing Commerce and Industry (Private Sector) to be nJminated by the State Government. (k) Two MLA's or two prominent social workers during the dissolution of the Assembly if there be any, nominated by the State Government. Member Member Membea Member Secretary Member Member Membe1• Disqualifica­ tion for ap­ pointment as member. 8 15. A person shall be disqualified for appolhtment L'T nominationas a member, if he - (a) has been convicted of any offence in,olving mcral turpitude; (b) is an undischarged insolvent or an applicant for beinzadjudicated and insolvent; ,, (c) bolds any office of profit under the Authority other thanthose mentioned in clauses (a), (b), (c), (d) · and (e), ofsection 14; (d) has, directly or indirectly, by himself or by any member of hisfamily, any share or interest, in any contract or ernplo1·mentwith, by or en behalf of, the Authority; or · (e) is a Director, or a Secretary, Manager or other salaried Officerof any incorporated company which has any share or interestin any contract or employment, with, by or on behalf of theAuthority. Removal of 16. (1) The State Government may remove from the Authoritymembers. any member (including the Chairman and the Vice-Chairman)who- (a) refuses to act or becomes incapable of acting or absentshimself from three consecutive meetings of the authority andis unable to explain such absence to the satisfaction of theAuthority; · Or, (b) has so flagrantly abused in any manner, his position as amember_,.Lthe Authority as to render his continuance de­trimental to the public interest: Provided that when the State Government proposes to take anyaction under any of the above provisions, an op port unity shall begiven to the member concerned to show cause why such action shouldnot be taken against him. A member removed un,jer clauses (a) and lb) of sub-scection . be eligible for re-?parntment or re-nomination, as thecase ' be. ??·· . Terms of Offi.,l.; . ( 1ie term of office and conditions of service of the Chair-1c.e.and condi- •.. · man, t 'ice C.hairrnan a_ndthe other members of tht: Authority shall.tJ.cs or ser- be such as may be prescribed, and they shall be entitled to received·h·ic?of the. . such salaries and allowances as may be fixed by the State Government. c a1r:nan altti other mefl!" .. . Ch · ·· ··· ..ri. · b bers, · ·. (2) The aun:_ia,nor Irte ?·;.::.:?:-.vrman or any rnern er mayresign his office by grvmg notice 111 wrrting to the State Governmentand? 0fl the resignation being accepted by the State Government,he ;hall cease to ho1d his office in the Authcr:ty. (3) Any vacancy caused by .resignation or . removal or other­wise shall be filled by fresh appointment or nommatwn by the StateGovernment, as the case may be. ' Meeti? of the Autho­ rity. 1. Added by the Manipur Town and Country Planning (SecondAmeodrnent) Act, 1976 (Manipuj- Act no. 25 of 1976).2. Deleted by the i,:.:dpur Town and Country Planning (SecondAmc,wment) Act, 1976 (Manipur Act no. 25 of 1976).3. Added hy the Manipur Town and Country P;anning (SecondAmt.'nd111ent)Act, 1976 (Manipur Act no. 25 of 1976). 18. (I) The functions and powers of the Authority shall be to' p_romote and secure develo£ment of the area according to the MasterPlan orthe DevelopmentScheme and to carry out· building, c:ngineeriQ&.._mining·and-other ogerati?ns, to execute works i? connection_with rnJyof water and electric11y?disposal of sewa? looking after dramage systemana other services and generally to do '!ID'? necessary or e?pedientfor purposes of such development and for purposes 1rtc1denta] thereto. I . [(IA) The Authority shall have the power to execute publicHousing .projects and to dispose of the houses so constructed on termsand conditions approved by the State Government.] . f2) On the constitution of the Planning an evelopment Autho-rity 2 [ •**** Jail State Khas-lands within the aster Ian area shall bedeemed to have"vested m the Authonry? ' ?iac:ct thatlar.dsalready_Aansferredto the local body shallremain status quo till the Government rescinds the transfer. /?,: [ "Provided further-that if in the opinion of the State Govern­ment, any State Khas ,,fonds can be more appropriately used by theState Government itAnay exempt such Khas lands from the provisionof this sub-sectioy>"."J _ ??h Authority shall meet at leas once }n a month atsuch time and place and shall, subject to the provisions of thisSection, observe such procedure in regard to the transaction of businessat its meetings. as may be prescribed by bye-Jaws framed undersection 91 of this Act. (2) The Chairman, or in his absence, the Vice-Chairman shall presideover any meeting of the Authority and in the absence of beth theChairman and the Vice Chairman the members present shall choose onefrom amongst themselves to preside over such a meeting. (3) The quorum for a meeting of the Authority shall t e five, andif at any meeting there is no quorum the Chairman or tbe personpresidrng 0v,:r the meeting shall adJourn the meeting or suspend untilthere is quorum. (-t) ,;ti :'.i'•.-.;tioos in the ..:Jee:fog, cf the Authority shall be deci<'.,,?by a znajority of votes of the members present and voting and inthe case of an equality of votes, the person presiding shall hav e asecond or casting vote. 20. (1) The Authority may associate with itself, in such mannerand fo?suc_hpurposes a? may be prescribed, any person whose assi?tance>r. advice rt may require m performing any of its functions underbis Act. Tempority Associafon of persoas with fheAu- thority -,r particulir----------------------------- purpose; Stall Jf the Authority. 10 (2, Any person associated with it by the Authority under sub­ seetion (I) for any purpose shall have right to take part in the discussions in the meeting of the Authority relevant to that purpose but shall not have a right to vote. (2) The officers and employees of the Authority Sha11 be entitled to receive such salaries and allowances, if any, as may be fixed by the Authority and shall be zoverned by such terms and conditions of service as may be determined by rules and regulations made in this behalf. -------- Publication of the Mas­ ter Plan. Preparation of the Master Plan. Contents of Master Plan and Zoning Re-Regula­ tions. CHAPTER IV MASTER PLAN 22. A Master Plan (hereinafter referred to as "Plan" in this Act) for the Development of any area within Manipur which the State Government may consider necessary, shall be drawn up by the Chief Town Planner in consultation with the local authoritv or authorities concerned and submitted to the State Government for approval. 2:. (I) On receiving the Plan from the Chief Town Planner, the State Government shall have it, as soon as may be, published in the Official G.12ette and in not less than one registered local news­ pape'ravailabiein the lo-::ality to be affected by such Plan in the manner prescribed for wide publicity inviting opinion and objections, if any, to be submitted within a period of not more than two months. (2) After considering all objections, suggestions and repre­ sentations that may have been received -"iand after getting the advice of the Board, the State Government may approve the Plan and adopt it. (3) The Plan so adopted shall be published by the State Government by notification in the Official Gazette. 274.The Plan to be prepared under section 22, may include;- 1 I (a) a general landuse plan for residential. comrr ercial, in- V dustrial, recreational and public and semi-public purposes ; (b) zoning plan; (c) transportation plan including roads, railways, canals etc.; (d) public utilities plan; (e) a report giving relavent data and information in respect of the proposals in the Plan, Zoning Regulation and any other matter which the State Government may deem necessary, 25. After the adoption of the Plan by notification in the offi- Implementa­ cial Gazette, the State Government shEJI sent it to the authority tion of the for implementation thereof. Plan. I J 26 (1) After the Plan has been adopted by the State Govern- ?strictions f\..­ ment in the foregoing manner, no person shall ? any land, sub- 'fll'on use of. divide any land or set up any n?w structure on.any J?n?, covered l?i:and bull by the Plan or change the e osting structure of any building or use gs. of any building er land within the area except on the permission ,1 of the Authcrity. _ . · (2) Each such application shall be accompanied by the layout plan drawn to scale showing the actual dimension of the parcel of the land and the building to be build upon it, the s.te Prohibition 01 allotment­ or land & reg­ istration n certain cases. l'ower of the S1111c Govt. 10 modify the plan. 12 and the position of the building to be erected and in case of altera­ tion in the use or structure of the building or land, the nature and extent of such alteration. (3) The Authority may also call for such other information as if may deem necessary to examine the application. (4) The Authority shall not refuse the permission except 0.::1 the ground of contravention of pro osals contained in the Plan or the Zoning Regulation, and unless t e permission has been refused within a period of one month from the receipt of the application or such other infor­ mation as may be called for by the Authority under sub-section (3), it shall be presumed that the permission has been given. 27. (1) Where any deed or document required to be registered under the Indian Registration Act.I 908 proposes to sub-divide any land covered by the Plan, no registering officer shall register any such document unless the party presenting the deed or document for registration produces a no-objection certificate from the Authority to the effect that the Autho­ rity has no-objection to the registration of such deed or document. vfi) In Plan area, no land should be allotted without no-ob­ jection certificate from the Town Planning Department, Manipur. 28. The State Government shall review the Plan once for every ten years, and may modify it at any time, in the prescribed manner. CHAPTER V DEVELOPMENT SCHEME Preparation of the Deve­ lo;::mcnt Scheme. Publication of the Deve Ionment Scheme. (. :s???tir?i-?dby .tiii)1anipi1r'town &..<'.2<?:?#ti_yPl?nni?(secondAniendmeot) Act, 1.QJ6(Manipur A'cf'No; 25 of l976j.·· ? ·:- .... __ · - -?-:-- -? ·" -'- ,·:· __ · '..:.;_··:·?·frud 29. (I) On or after the commencement of this Act. the Autho­rity may, by notification in the official Gazette, declare any area tobe a Scheme area and shall thereafter prepare a Scheme. Where noAuthority bas been constituted, the State Government may, by noti­fication in the official Gazette, declare any area to be a Scheme areaand the Chief Town Planner shall thereafter prepare a Scheme. (2) Notwithstanding anything contained in sub-section (I) the StateGovernment may. after making such enquiry as it may deem necessaryby nctification in the Official Gazette. direct any local authority toprepare, and submit a Scheme .under this section for an area specifiedin such notification for sanction before an appointed date. (3) 'While preparing the scheme, the Authority or, the ChiefTown Planner or the local authority, as the case may be, shall issue·a notice inviting the names of all the claimants of anv interest onanv land or buildim, within the area under the scheme to· be submittedwitl::in a period of not more than one month. (4) Save as provided in this Act, the Authority, the Chief TownPlanner or the local authority shall not undertake or carry out anydevelopment of land in any area which is not within the area underthe scheme. (5) After the commencement of this Act, no developmeht ofland .shall be undertaken or carried out in the area under the schemeby .any person or body 'of- persons except in the mauner.. prescribedunder section I (26 ). . ;;, ? ." .... , . . . · 30. (l) The Authority, the Chief Town Planner or. the: localauthority, a; the case may be shall have the Scheme and the reportif _any, published in not less than 'one registered 'Iocal newspaperavailable in the locality to be affected by the Scheme and ha,;e a'copy of them served on all persons who preferred claims undersub-section (3) of section 29, inviting objections to be filed withina period of not more than · two .months. (2) After the expiry of the aforesaid period, the' Authority, theChief Town Planner or the· local authority, as the' case may be,shall examine the Scheme in the' light of such objection and ·shalhtdoptthe Scheme or refuse to adopt -it or adopt it, with such modificationas may be necessary after giving sufficient opportunity for:. hearing,to all such interested person. · , .. , . ? " (3) After, the Authority, the Chief. Town: Plarmernor, • theIocalauthority; ?s. the, case may be, 'bas -adopted the' Scheme,.. it .shall beforwarded to the State. Qov:?i;:nrtept for,)ts, apprpval., .and .. ' thereafterthe Scheme sha,H.c,qme into f9,i;c?Jrom the._d,?t?,Oll.,)rhicb __ it i_s'.a'pprovedby the .. State Government .. · - ·· ; ·:o-·,; .. ,., ;, ;, ·,·, -,, I mplcmcnta­ tion of the Development Scheme. Scope of the Developmeat Scheme. 1-4 31. (1) The Scheme approved by the State Goverrtment under sub-section (3) of section 30 shall be implemented by thi Authority as soon as possible. /c2) No person shall within any area where a Scheme has come into force erect .:>r rc,ceed with anY uildin1: or wo · or remove or alter or ma ·e a aiiions or make an substantial re air to a building or a part thereo , a compoun wall or any ramage work, or remove any earth or change the use of any land or buildin g except on permission of the Authority. 32. (I) A Scheme made in accordance with the provisions of the Act may be in respect of any land which is­ (a) in the course of development, (b) likely to be used for building purposes, or (c) already built upon. Explanation:- The expression "Land likely to be used for building purposes" shall include any land likely to be used as, or for the purpose of providing. open spaces, roads, streets, parks, pleasure or recreational grounds. parking spaces, or for the purpose of executing any work upon of under the land incidental to a scheme whether in the nature of a building-work or not. (2) The Scheme may make provisions for any of the following matters:- (a) the laying-out or re-laying-<mt of land, either vacant or already built upon; (b) the filling up of or reclamation of low-lying swamp ·or un- healthy or unhealthy areas or leveling up of land; . · · ·. , (c) the laying out cf new streets or roads, construction, diversion. alteration, improvement and stopping of streets, roads and communications ; · ·· (d) the construction, alteration and removal of buildings; Explanation:-The buildings constructed by the Authority can be let out and the expenses for the maintenance of the buildings shall be borne by the Authority. (e) the allotment or resen·ation of land for roads, open spaces, gardens, . recreation grounds, schools, markets industrial and commercial activities, green belts; and dairies, transport facilities and public purposes of all kinds; ([) drainage inclusive of sewerage, surface or sub-soil drainage and sewagedisposal; (g) lighting; (h) water supply; (i) the preservatronof objects of historical importance or natural beauty and of buildings actually used for religious puri,oses; (j) the imposition of conditivns arid restrictions in jegard to the open space to _be m?.int_:ainedabout buildings, the percentage ofbuildiog area for a plot, the number, height, and. character - of-buildings allowed in. specified areas, the. purposd to which buildings or specified areas may or may not be appro?riate; the 13 (d) (e) sub-division of plots, the discontinuance of objectional uses ofland in any area in reasonable periods, parking space and Joa.dingand unloading space for any building and the sizes of prujec­tions and advertisement signs; (k) such other matters not inconsistent with the objects of this Act. (3) (a) (b) The Scheme shall contain the following parucuta-s :­the area, ownership and tenure of each original plot ;the land allotted or reserved under clause (e) of sub-section (2)with a zeneral indication of the uses to which such land isto be put and the terms and conditions subject to which suchland is !0 be put to such cases; (c) the extent to which it is proposed to alter the boundaries oforiginal plots; an estimate of the net cost of the schemes; a full descripti<Jn of all details of the scheme under such clauseof sub-section (2) as may be applicable; (f) the laying out or relaying OUl of land either vacant or alreadybuilt upon; (g,) the filling up or reclamatioj, of low-layingswamp or unhealthyareas or levelling up of land; and (h) any other prescribed particulars. (4) In tbe Scberne, the size and shape of every reconstituted plotshall be determined, so-far as may be to render it suitable for buildingpurposes and where the plot is already built upon, to ensure that thebuiidiog, as far as possible, complies with the provi?ions of the schemeas regards open spaces. · (5) In order to render original plots more suitable for buildinipurposes the Scheme· may further contain proposals: (a) to form a reconstituted plct by the alteration of theboundaries of an original plot; (b) to provide with the consent of the owners, for holdingin common ownership as reconstituted plot with or withoutalteration of boundaries, in place of two or more originalplots each of which is held in one ownership in severallyor in joint ownership, · 33. (I) It, after the Scheme has come into force, the Authorityconsiders that the scheme is defective on account of an error orirregularity or for any other reason, it shall refer to the State Govern­ment to modify or withdraw the Scheme and give reasons therefore.(2) The I [State · Government J may withhold the modification, 'orwithdrawal referred to him or in approvingit •. . 2[...:.. -": =: . ;, ·.... - -: ;._ 1 Amendment & alterations of the Deve­ Iopment Scheme, 1? Substituted by -the Manipur To?n & Country Planning (SecondAmendment)Act, 1976 (Manipur Act No. 25 of 1976),2; . Del?ted·. by· the Manipur>T?wi& Cotinfry _ PJanning/i(SecondAmendment) Act, 1976 (M?D,lpurAct No. 25 of J976}.: ·· Pover of Aurhority to impose -res­ lriciians)• 16 :.ifProvided tbat in case the State Government approves the modification, it shall cause the modification to be published in the Official Gazette by th,eChief Town Planner, in the prescribed manner ; Provided further that in case the State Government approves of the withdrawal, it shall cause the fact to be notified in the Official Gazette by the Chief Town Planner.] (3) Within one month of the date of publication of the modi­ fication, any person affected thereby may communicate in writing his objection to the Chief T own Planner. (4) On receiving the objection under sub-section (3), the Chief Town Planner may, afrer making such enquiry as he may think fit, approve the proposed modification with or without any further modi­ fication tbereof. (5) The Chief Town Planner shall thereafter submit the modified scheme to the State Government for approval and the modified Scheme shall be published after such approval in not less than one registered local newspaper available in the locality to be affected by the modified scheme. (6) Such modification approved and published under sub-section (5) shall be deemed to take effect from the date when the original Scheme was enforced. Power of 34. (I) Notwithstanding anything contained in Section 33 a Scheme revoke the may at any . time be modified or revoked by , a subsequent Scheme Development m?_de,_publisfy.edand app_roved. in accordance .with this Act. Scheme. (2) The State' Government, may, at its own initiative o: on the application of . the Authority, at any time, by notification ip the Offiical Gazette, revoke a Scheme, if it, is satisfied that under the specia,l.circumst?nces. of _ the case . the scheme ,should be so_revoked : Provided that where revocation or modification under section 4(28 ], -VL this, section is ordered .by the State Government after a Scheme j:la?-,?·ee11:_p?rtially or wholly .implernented, compensation shall be _pajd for }h:e· necessary alteration in accordance with law for tl;le,time, li.einiin force'. . . 35. For the purposes of the Master Plan, the Zoning Regulation of the Scheme, the Authority may irnoose r_easouable restrict:ons n the. use. oJ the laud and .. building including t reguhtin of the op _r _ • • _ ? _; _ ·: , . , aroun ,e , Ul mg Of .huildiOfS, the percentage. of ,th.e._plqt,.area to be covered by buildings, tli.e number of bu11dint? ori ' each plot, height . and s?a.racter. of building or buildings a!loweti in specified _ areas, the purpose for which building or · buildings of the specified areas mayor ·may not beused.itbe sub-division of plots, parkingspace and 1-0a ding and-unloading space for <-'DYbuilding and the 'Size of projections and such .. other matters not inconsistent · with the provisions · of th's Act. · · --"-------·· .. , . ""'.·.? .- -:·- . ·. ? 3. Added 'by> tn(' 'Manipur l OV..'Il' & Ccuntry Planoint-tSeconcf Am?d.ll'l,en:t-)Act, 1976 (Ma_nipur Act Nm .25 of 1916). · - /," • .. 4, Sui-5titti'ted by the? ManipurTo,,;,ii _ & Corintry ·Planhfog ·(Se?oncf· Ar:,::ndroent 1:,i\c"ri1-9-76(-?laniprir'Act Nf 25 of 19"-76)' · ··• CHAPTER VI ROADS AND SUB-DIVISIONS Width of Public rcacs, Power to prescribe road Jines. Sitting back buildings to the prescrib­ ed road line. Acquisition of land with­ in the line of road. Acquisition of the remai­ ning part of building and land. 36. (1) The Authority shall, from time to time, with the sanction of ·the State Government, specify the minimum width for different classes 'f public roads according to the nature of the traffic likely to ..,e earned there, the localities i11 which they are situated, the heizhts up to which buildings abutting thereon may be erected and other similar considerations. ('2) The width of a ? public road shall not be less than that prescribed in sub-section (!) or that shown on the plan for the class ro which it belon? areas for which a plan has been prepared. 37. (L) The Authority may, by bye-laws made in this behalf, prescribe a road line on one side or both sides of any public road: Provided that prior notice of the proposal for prescribing -such a road line shall be issued dv the Authority in such manner as may be prescribed. · · :2) No person shall construct or re-construct any building or any portion of a building lying on the land within road-line. 38, (1) If any building or any part of a building abutting on a public road is within the road-line, the A uthcrity may require such building to be set hack to the prescibed line, whenever it is proposed- (a) to rebuild such building or to take down such building; or (b) to remove, reconstruct or make any addition to or structural alteration in any portion of, such building as is within the regular line of the road. (2) When any building or any part thereof within the road-line falls down or is burnt down or is taken down under the provisions of this Act or otherwise, the road-line formerly occupied by the said building and, if necessary, clear the same. (3) The land taken possesion of under sub-sectio? shall henceforward be deemed to be a part rf the public ro? 39. If any land lies within the prescribed line or a public road and is not occupied by a building, is within the line of such road the Authority may, after giving the owner of the land a notice of "the intention to do so, take possession of the said land which is within the prescribed line of the road. 40. If a building or land is partly within the road-line, and if the Authority is satisfied that the building or land remaining after ·the exclusion of the portion within the said line will not be suitable -or fit for human habitation er for construction of an indipendent building, the Authority shall acquire the remaining portion of the land, if so desired by the owner, and such an acquisition shall be done in accordance with the provisions under Chapter VII of .this Act. 18 **2[46. 41. (1) Every person who intends to sub-divide any plot of land within the Plan area shall give notice in writing to the Authority of his intention to do so, and any such notice shall be accompanied by the layout plans and statements in triplicate. (2) All layout plan for sub-divisions of land shall, subject to the provisions of section 40, be in accordance "ith the standards pre­scribed by the State Government. 42. A layout plan accompanying a notice under section 41 shall be drawn to a suitable scale and shall contain the following particulars, namely: (a) the location of the land; (b) the bonndaries of the proposed land shown on the layout plan and sufficient description to difine it: (c) name and address of the owner of the land; (d) location, name and widths of the adjacent roads and lanes; (e) the major physical characteristics of the land proposed to be sub-divided, including topography, the approximate location and width of and water course and location of anv area subject to innundarion of flood; · (f) the complete layout of the proposed sub-division shewing the location and widths all of the proposed roads dimensions and uses of all the plots; (g) the locations of all drains, sewers and ether utilities; (h) building lines permissible; (i) scale and north line: and U) key plan. 43. (1) The Authority may either approve or reject the layout plans or may approve them with such modifications as it may deem fitand thereupon shall communicate its decision to the person givingthe notice within three month, from the dare of notice. (2) No perscn shall be allowed to construct a building on anyplot of land, the sub-division of "hich has nor been previously approvedby the Authority. _, ? If the Authority determine at any stage that the layout or the cons­trooibn is not proceeding according to the layc ut plan apr roved undersection 1 [43 J or is in violation of any provision of this Act, it shall serve a notice on the applicant requiring him to stay further executition until correction has been effected in accordance with the approved layout plan. 45. Whoever contravenes, or resists the enforcement of any provi­sion of this Act or any rules or bye-law made thereunder shall, if no other penalty is provided for the offence under any law inforcefor the time being, be punishable with fine which may extend to two hundred and fifty rupees for every subsequent offence after the firstconviction. Sub-Division of private land. Layout plans ucco mpanvi­ ns. notice. Sanction with or v.ich­ out rnodifica­ uons or :ejections. I.nvout not according to pl.in. Penalty for violation. Co eniz ance 0 f oflences. 1. Substituted by the Manipur Town and Country Planing (Second Amendment) Act, (Manipur Act No.25 of 1976). 2. Deleted by the Manipur Town and Country Planning (SecondAmendment) Act, (Manipur Act, No. 25 of 197f.). CHAPTER "\1T / TRANSFER AND ACQUISITION OF LAND 47. The State Government may, for the purposes of enabling the Transfer of Authority to execute the Scheme, tra nsf Pr ta the Authority anv Government G I d · hi d · · · -h d b I · . land to th e ovemment an wit I!'...or a joimng t e area covere y t ie scnerrre: \Authority. Explanation- In this section, "Government land •· means any land 1.----­ ?el?ingto the State Government. ? rVhenever the acquisition of any land, whether within or without Power of the an :frea is required to enable an Authority tc execute a Scheme, state Gover- nment to ao- the State Government may at the request of the Authority and in quire land. :0nsultation with the Board, acquire the land and transfer it to the Authority, if so desired by the Authority. Pavrnents to O\\'IICrby ad­ justment. Disposal of land. b Negotiation before acq ui • sition. 49. Subject ro the provi,ions of section 4.8, the provisions of the Procedure and Acquisition Act, 1894 relating to acquisition c:' land and payment for acquisii of compensation shall be applicable to acquisition of land under 00 of land, this A?c?t?,..-::-:-?------------------------?(?1::_0·fIS'J4 ?--··subject to the ·ovisions of this Act and the ru.es made thereunder, and wit e prior .c.oncurrence o •. t .. e. tare Covernment, an Authority may transfer any land transferred 10 tt, by ,vay .:,f 8a]e, mortga::,e, !e?se or ot?n=v?is:e?: _ __;__.::_?---????----'---??­ ? that in case of a land transferred to the A uthor itv under Section -48, the person from whose ownership tee land was acquired by the State Government under that section shall have priority to be the transferee under this section. S1. (I) The Authority shall, in the first instance, make reasonable efforts to purchase by negotiation any land required by it for the execution of a Scheme. (2' No request of the Authority to acquire any land shall be entertained by the State Government under sectic n 4S if the State Government is not satisfied that the Authcrity made reaso?ie effons to rchase the land ('y negotiati-:in under ,ub-;ec:i,:;?)- 1. I Payments due to be made to any person by the Authority . this Act in respect of a plot shall, so far as possible, be made' by an adjustment in respect of the plot concerned or of any other plot in which he has an interest and failing such adjustment, shall be paid in cash or in such other way as may be agreed upon by the parties. CHAPTER vin COMPENSATION A:KD BETIERMENT Explanation-For the purpose, of this section, a land or building shall not be deemed to have been injuriously affected in value, if it is still fit for human habitation or any other uses. 54. (I) A person shall not be entitled to compensation under section 53 on account of any buiiding erected on, or. contract made or other thing done, with respect to any land within the area included in a Sc?e after the date of publication of the Scheme under sub-secti.J?of section 30: /?ovidedthat : this sub-section shall not apply to any building erected, contract made or other thing done in accordance with the permission granted under section 26 or section 31 of this Act. (2) No compensation shall be payable in respect of any property which may be injuriously affected by putting into opertaion of any provision of the Scheme which- (a) prescribes the space about buildings; or (b) limits the number of buildings; or (CJ regulates the size, height, design or external appearance of buildings; or (d) prohibits or restricts building-operations permanently or temporarily on the ground that erection of buildings thereon will be likely to be injurious to the health of occupants or the neighbours or likely to cause excessive expenditure of public money in making provision for road, sewers, water supply or other public services; or (e) prohibits or restricts the use of land or buildings for a purpose which may involve danger or iDjury to public hygiene or the health of the occupants or their neighbcun or for a purpose which is against the public policy and morals; or (f) in the interest of safety, regulates the height and position of proposed walls and building, fences or hedges, near the corners or bends of roads; or (g) in the case of the erection of any building intended to be used for purposes of business or industry, requires the provision of parking vehicles. 53. Any person whose land or buildings is injuriously affected in value by the implementation of a Scheme under section 31, shall, if he makes a cluim for the purpose within a period of three months after the said in_iury is caused, be entitled to compensation in r?spect thereof from the State Government. No right to compensa­ lion. Right to (ompensa· tion. Right of ow­ ner to require Authority to acquire or Purchase iaod. 21 (3) No compensation shall be payable for refusal of perrrussion to make any alternation in any building which is not in conformity with the use specified in the Plan or in the Scheme. 55. (I) The owner of any land which is likely to. be acquired for purposes of a Scheme may, at any time after the approval of the Scheme by the State Government under sub-section (3) of section 30, by a written notice to the Authority in the prescribed manner, call upon it to purchase the land or to request the State Government to acquire it. (2) If within six months of the service of the notice under sub-section (I J the land is not purchased or the State Government is not requested to aquire it, the Scheme, in so far as that land is concerned, shall be deemed to have been withdrawn and all notice and order, in that connection shall lapse. 56. (I) Where, in the opinion of an Authority, as a consequence Levy ofof a Plan or a Scheme having been implemented in any Zone or in betterment any other area, the value of any immovable property has increased, charge. the Authority shall have power to levy upon the owner o!' the property or any person having an interest therein a betterment charge in respect of the increase in value of the property resulting from the implementation of the Plan or the Scheme : Provided that no betterment charge shall be levied in respect of the properties owned by the State Government or the Central Government; Provided further that where any such property belonging to any such Government has been let out any person, such person shall be liable to pay betterment charge under this section; Provided further that no betterment charae shal: be levied on any property belonging to public charitable, religious,recreational or educa­ tional institutions. Provided also that no betterment charge shall be Iivieg on any p-:-operty belonging to an individual, if the State Government find him deserving for exemption, (2) TI.e betterment charge leviable under .this section shal! be=­ (a) twenty-five percent of the increase in value in respect of resi­ dential land. (b) fifty percent of the increase in respect of non-residential land. Explanation-The increase in value for the purpose of this section sball be the increase in tl.e market value in between the date just before the implementation of the plan or the Scheme and the date on which the execution of the works of such implementation has been substantially completed. (3) Such betterment charges shall be assessed in such manner as may be prescribed, and a copy of the order of assessment shall be delivered to the person liable for the betterment charge. 22 (4) Such order of assessment subject to the provisions of section 57 shall be final and shall not be questioned in any court of law. Appeal. 57. (I) Any person aggrieved by the decision of the Authority with respect to matters of compensation and betterment charge, way appeal to the Appellate Authority to be appointed under sub-sectioru l ) of section 58 within thirty days of the da:e on which the decision of the authority fixing the amount is communicated to the persou. Explanatwn-ln computing the period of one month under tbs sub­ section. the time required for taking out co r ies of the order appealed against shall be excluded. lf the owner of ar.y property objects to the amount cf compensation or betterment c!•arge determined by the Authority on any ground he shall also state the amount which he contends, would be correct, and may within thirty days of the date on which the decision of the Authority fixing the amount is communicated ro him, request the A uthc r:ty to purchase the property, or request the State Goverrment to acquire it, together with any building Qr other works that may exist tl-ereon. (31 The Authority shall thereupon purchase the prr perty or request the State Government to acquire it. CHAPTER IX Appeals and the Appellate Authority. 58. (]) Save as otherwise provided, the State Government shall appoint an Appellate Authority to hear all appeals arising out of the provisions of this Act, and the appointment shall be on such terms and conditions as the State Covernrnent may decide. (2) The person or persons appointed by the State Government as Appellate Authority shall have the qualifications prescribed by article 233 of the Constitution of India. 59. (I) The duties and power of the Appellate Authority shall be- (aJ to hear and decide appeals against the order of the Authority ; (b) to decide and hear appeals in respect of such other matters and exercise such other powers as may be entrusted to, any conferred upon it by the State Government in accordance with the provisions of this Act ; (2) The Appellate Authority shall not entertain appeals preferred after thirty days from the date of the order appeal against. How­ ever, the Appellate Authority may, in its discretion condone such delay in filling appeals for sufficient reasons. 60. (I) The Appellate Authority shall conduct its proceedings in the prescribed manner after giving the opposite party or any person interested in the order appealed against an opportunity of bieng hear. (2) The Appellate Authority may, at any time, call for any record of any proceeding of the State Government or the Authority and call for and return or statement or report concerning or connected with a Py matter with which the authority has been authorised to deal. (3) The Appellate Authority shall have 111 the powers of a civil court for the purpose of taking evidence on oath and of enforcing the attendance of witness including the parties interested and compelling the production of documents and other things if considered necessary. (4) The Appellate Authority in its direction may make any order regarding the cost to be paid by any of the parties to the proceedings and the Appellate Authority shall have full powers to determine by whom or out of what property and to what extent such costs are to be paid, and the Authority shall be bound to execute the orders of the Appellate Authority in accordance with the direction, if any, contained in the order, and such costs or amounts awarded by the Appellate A utbo­ rity shall be realised as arrears of land revenue. (5) The decision of tbe Appellate Authority shall be final. 61. Every party to any proceeding before the Appellate Authority shall be entitled to appear either in person or by his recognised agent. Appointment of Appellate Authority. Duties of the Appellate Authority, Procedure working of the Appel­ Jate Authority Right to app­ ear hy recog­ nised agent. CHAPTER X finance, Accounts and Audit. 1. Added by the Manipur Town and Country Planning (Second Amendment) Act, 197 6· (Manipur Act No. 25 of 1976). ---------------- ---------------- 62. The receipts of Authority under this Act shall form a separaH .. devel0pment fund and all expenditure under this Act, or. any develop· ment scheme thereunder, shall be defraved out of such fund. N0 portion of the fund shall, except with the sanction of State Government, be expended for purpose, not provided for by this Act. 63. Subject to the prior apprcval of the State Government, the Authority shall have the power of borrowing money, and it shalt be deemed 10 be local authoritv as defined in the local Authorities Loans An, 1914 for the purpose of b,Hroiwng money under that Act, and the making, and execution of a Plan and Scheme shall be deemed to be a work which such local authority is legall) authorised to carry out. l [ ··provided that the state Government may guarantee the repayment of the principal and the payment of the interest thereof in respect of Joans borrowed by the Authority from the Life Insurance Cor porativn of India and other financial institutions, with the prior approYal of the State GJvernment for the e,ecution of a plan and a Scheme'"] 64. The State Government may make such grants, advances and loans to the Authority as State Government may deemed necessary for the performance of functiom of the AutlDrity under this Act. 65. Every Authority shall, every year prepa?e, in such form aod at such time as may be prescriber!, a budget in respect of the. financial year ne ct ensuing, showing the estimated receipts and expendi­ ture of Authority and shall forward to the State GoYernment and the Board such number of copies thereof as may be prescribed. 66. (:) Every Authority shall maintain proper accounts and other relevant records. (2) The acc,1unts of t'ie Authority shall be subject to annual audit by the Acc0untant General of Manipur and any expenditure incurred by him in connection with such audit shall be payable by the Authority tc, the . Accountant General, Manipur. (3) The Accountant General of Mar.ipur or any person appointed by him in connection with audit of accounts · of the Authority, shall have the same right, privilege and authority in co.nnecticn with such audit as the Accountant General has in connection with the Government accounts and in· particular, sha11 haye. the ' ri"oht . to demand ,. the production of books, accounts, connected ·vouchersand other d9cu- ments and _papers. .', . ? •• , : - · ··" (4) The Accountant ·Genera!ofManipur·sh?lllfonvar_dthean'riual audit report .-cto. the :.S,,t:i.te.,Goverr.menf,.·, '··· , · .; _. ·? ·· · · ,, .. ;.· >? , .• . . .. - . Budget of Authority. Accounts & Audit. Grants. Ad· vances ·and Loans. Powers of borrow. (9 of 19141 nc,·eloom:nt Fund.· CHAPTER XI Legal Proceedings. Power to execute works on failure to comply with notice. Penalty for breach of the provi· sions of the Master Plan or Scheme. Procedure upon oppo­ sition to exe­ cution by occupier. Right to occupier to execnte works in de· fault of owner. 68. If a notice has been given under this Ac: to a person requiring him to execute a wark in respect of any propc:rt;-', movable or immc\'able or to provide or do or refrain from doing anything within a time specified in the notice and if such person fails to comply with such notice then the Authority may, without prejudice to the provisions of section 67, cause such work to be executed or such thing to oe provided or done and may recover al\ expenses incurred by it on such account from the said person as an arrear of land revenue. 69. Whc:n default is made by the owner of a building or land in the execution of any work required under this Act to be executed by him the occupier of such building or land may, with the prior approval of the Auth0rity, cause such works to be executed, and the expenses thereof shall, in the absence of any contract to the contrary, be paid to him by the owner, or the amount may be deducted out cf the rent from time to time becoming due from him to such owner. 70. (1) If after receiving information of the intention of owner of any building or land to take any action in respect thereof in compliance with a notice issued under this Act, the occupier refuses . to· 'allow such_owner to take action, the owner may apply to the District ·Magistrate or the Sub-Divisional Magistrate, as the case may be. (2) The District Magistrate or the Sub-Divisional Magistrate upon proof of such refusal, may make an order in writing requiring 67. (1) When a Plan or a Scheme has been approved under this Act any person who commits or knowingly permits a breach of any specified provisions of the Plan or the Scheme, or who neglect or fails to comply with, any such provisions shall be punishable under this Section. (2) In case of any such breach or default, the Authority shall send to any such person a notice calling on him to discontinue the breacb or cause it to be discontinued or to comply with such provision of the Plan or the Scheme within a time to be specified in the notice. (3) If the person, after the lapse of the time specifiedin the notice under sub-section (2), continues to neglect or to cause a breach of any specifiedprovisions of the Plan or of the Scbemt!, such persons shall be prosecutedand, on conviction by a Magistrate, be punishable notwithstanding anything contained in section 45., (i) with fine which may extend to Rs. 500/- (ii) if the breach. neglect or failure continues after such convic­ tion, with fine which may extend to Rs. 30 fer every day during which the breach, neglect or failure continues after such conviction. Penaltv for obstructing contractor or removing mark. t)ffice:s coder the Act to be Public ser­ vant (15 of 1860), Authority for prosecu · tion. Offences compound­ able. Power 10 re­ cover dues & fines as arre­ ar of land revenue, 26 the occupier tJ allow the owner to execute all such works. with respect to such building or land, as may be necessary for compliance with the notice, and may also, if he thinks fit, order the occupier to pay the own the cost relating to such application or order. (3) If after the expiry of eight dav s from the date of the Magistrate's order, the occupier continue; ro refuse t.; allow the owner to execute such work, the pCcup:e, shall be liable, upon conviction, to a fine which mav extend t,' Rs. 30 - for everv dav during which he has so continu?d to refuse. · • (4) Every owner, during the continuance of such refusal, shall l:::e discharged from any liability on account ,,:· such breach or default. 71. Whoever :- (a) obstructs or assaults any person with whcrn the Authority bas entered into a contract ior ir;e execution of anv Plan er Scheme or anything connected i::·.erewith or incidental there­ to, or for doing anything \\ rich he is empowered or required to do under this Act, 0, (b) removes any mark set up for the purpose of indicating any level or direction necessary h' the execution of works authorised under this Act, shall be p:.:nishable with simple impri­ sonment for a term which mav extend to two months or with fine which may extend to Rs. )G[I - or with both. 72. Every Officer and serv ant of the A uthcrity and every other officer employed by the State Gc\ernment fer the pur pc ses of this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, t StO. 73. 1 [ (l I No court inferior to the court of a Judicial M agis­ .trate 1st Class shall take cognizance of an offence under this Act.] 2[(2)] Unless otherwise expressly provided, no court shall take cognizance of any offence punishable under this act, except on the complaint of, or upon information received from the Authority or some person authorised by the Authority by orders in this behalf. 74. (1) The offences under this Act shall be compoundable. (2) The Authority shall have powers (a) to compound the offences under this Act, and (b) to withdraw any claim made under this Act. 75. Any sum recoverable by the Authority under this Act, or any fine imposed under this Act, if not paid on demand, shall be recoverable as an arrear of land revenue. Added by the Manipur Town and Country Planning (Second A:nendment) Act, 1976 (Manipcr Act No. 25 of 1976). 2 Numbered by the Manipur Town and Country Planning (Second Amendment) Act, 1976 (Manipur Act No. 25 of 1976). 27 Liability for causing loss, waste or misapplica­ :.ion of mo­ ney or pro­ perty of the Authority. Order under the Act not to be ques­ tioned in any Court. Effect of orders in consistent with other enactments. 76. (I) No suit, prosecution or other legal proceeding shalllie against an Authority or its officer or servant or any personacting under its or his direction or any -Govt. servant employedfor the purposes of this Act for anything which rs in good faithdone or intended to be done under this Act or rules or bye-lawsmade thereunder. (2) No suit, prosecution er other proceeding shall lie againstthe State Government for anything done or purported to be doneby it under this Act. C'.'1) No suit or other le6a! proceeding, not being a criminalproceeding, shall be instinned against a n Authority, or any of its officersin respect of any act purporting to be done by such officer in hisofficial capacity, or any person 2ctiog under its or bis directi.Jn,until the expiration of cne montb next after notice in writing hasbeen properly served on. (a) in the case of a suit against the A uthority, the Chairman ; (b) in the case of an officer, the officer against whom thesuit or proceeding is instituted ; and in the case of anyperson a::ting under the direc•ion of the Authority orcf any of its officers delivered to him at his place orresidence or business : stating the cause of action, the name, description and place of residence of the plaintiffand the relief which be claims; and the plaint or thepetition shall contain a statement that such notice hasbeen so served. Explanation : - "Officer" in this section includes the Chairman andthe Vice-Chairman. 77. Every officer or servant cf an Authority or of the StateGovernment shall be liable for the loss, waste or misapplication,of any money or property vested in the Authority, if such loss,waste or misapplication is a direct ccnsequence of his wilful neglector misconduct while such officer or servant was in the service ofthe Authority, and a civil case for compensation may be institutedagainst him by the Authority with tbe prior sanction of the StateGovernment. 78. No order made in exercise of any power conferred by orunder this Act shall be called in question in any court except asprovided in jhis Act. 79. Any order made under this Act shall have effect notwithstan­ding anything inc0nsistent therewith contained in any enactmentother than this Act or any instrument having effect by virtue ofany enactment otber than this Act. Bar to suits and procee­ dings. Service of Notice. Method of giving public notice. Formal de­ fects in asses­ sments & demands. Power and duties of po­ lice in res­ pect of assis­ tance to Au­ thorities. Decision of disputes be­ ween autho­ rities, Offence by a bodv oi individuals. Power to - enter into and for ins­ pection etc. CHAPTER XII Miscellaneous Provisions. 80. Every notice issued under this Act shall be served in such manner as may be prescribed. 81. Subject to the provisions of this Act, every public notice required under this Act shall be deemed to have been given if it is published in some registered newspaper (if any and exhibited en a notice board open to the public at the building in which the meetings of the Authority are ordinarily held or if it is published in the official Gazette. 82. No assessment list or other list, notice or other such document specifying, or purporting to specify w.th reference to any charge, or fee, any person 's pro pert), thing or circumstances shall be invalid only by reason of a clerical or technical mistake in the name, residence place of business or occupation. of the person or in the description of property, thing or circumstances if it is sufficient to identify the person, property, thing or circumstances. 83. Every Police Officer. Chowkidar, or every officer of the local authority shall give immediate information to the Authority of the commission of an act coming to his knowledge which is an offence under this Act or under any. Rule made thereunder, and shall be bound to assist all members, officers and servants of the Authority in the exercise of their lawful authority. 84. If a dispute arises between the Authority and any local authority en any matter in which they are jointly interested, such dispute shall] be referred to the State Government, \\ hose cecision shall be final. 85. rIU) If a body of individuals commit an. offence under this Act, every person, who, at the time the offence was committed, was in charge of, or was responsible to, the bcdy for the conduct of the business of the body, shall be deemed ta be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that notbinz ccntaiced in this set-section shall render any such person liable if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence. Explanation:-For the purpose of this section, ''b,)dy cit individuals" means a company, firm, association, club or any such body by whatever name it is called. 86. For the purpose of implementation or execution of any Scheme, the authority or persons appointed by the State Government, their subordinates and contractors may enter into or upon any land, in order- (a) to make any inspection, surveys, measure, valuation or enquiry; (b) to take levels ; (c) to dig or bore into the sub-soil; 29 (cJ to dig or bore into the sub-soil; (d) to set out boundaries and intended lines of work ; (e) to mark: levels, boundaries and lines by marks and cutting trenches; or · (f) to do any other thing whenever it is necesvary to do so, for any of the purposes of this Act or any Rules made or any Scheme approved thereunder er any Scheme which the State Government intends to frame thereunder : Provided that except when it is otherwise specifically provided by Rules made under this Act no such entry shall be made between sunset and sunrise: Provided further that except when it is otherwise specifically provi­ ded by such Rules, uo building which is used as human dwelling house shall be so entered unless with the consent of the occupier thereof, without giving the said occupier at least 24 hours previous notice in writing of the intention to make such entry: and Provided also that due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is made, to the social and re.igious usages of the occu­ pants of the premises entered, 87. A Copy of receipt, application, plan. notice, order, entry in a register, or other document in the possession of the Authority shall, if duly certified by the person authorised by the Authority in this behalf shall be admissible in evidence. 88. An Authority may enter into and perform any contract necessary for any matter relating to a Plan or a Scheme or for any other purposes of this Act, and such a contract shall be signed by the· Chairman on behalf of the Authority and shall be sealed with the common seal of the Authority. 89. Whenever any difficulty arises in giving effect to any of the provisions of this Act, the rules, bye-laws and orders made thereunder, the State G0vernmeot may issue such directions as may appear to it, necessary for the purposes of rerno ving the difficulty, \, 90. (l) The State Government may, after previous publication . in the Official Gazette, make rules for carrying out purposes of this Act. (2) In particular and without prejudice to the generally of the foregoing powers, the State Government shall have power to make rules in respect of the following matters, namely- (i) the manner of publication of notification regarding the Schemes, their modifications. variations, rev'-,cations, submissions, and approval by the State Government; (ii) powers that may be delegated to any Authority establish under this Act or to my Officer ; (iii) procedure to be adopted for securing co-operation of various Government Departments, the owners or other persons or bodies interested in the Schemes; Admissibility of certified copies, Plan of Au­ thority to enter into agreements. Power of State Govt to remove difficulties, ·Power of the State Golt. to make rules, 30 1. Substituted by the Manipur Town and Country PlJnning (Second Amendment) Act, 1976 (Manipur Act No. 25 of 1976j. (iv) cal.:ulation, assessment and payment of compensation in respect of property which is injuriously effected within the meaning assigned to it in Section 1 [53] of this Act; (v) calculation, assessment and collection of betterment charge; (vi' procedure of filling, hearing and deciding objections and appeals under the Act and all matters connected therewith; (vii) the delegation of power to and the duties that shall be dis::harged by the Chief Town Planner and the matter on which and the manner in which he shall be consulted; (viii) matters other than those referred tL1 in the foregoing clauses which are expressly or bv i:npli'::ation required or allowed by this Act to be prescribed by Rules; and (ix) Creation and administration of fund for the purpose of implementing the provisions of this Act. (3) Every Rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly while it is in sessi:)Il for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions; and if before the expiry of the session immediately following, the Assembly resolves that any modification in the Rule shall be made of that the Rule shall not be made, the Rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Rule. 91. 0) The Authority shall have power to make bye-laws in respect of the matters enumerated under this section and not in­ consistent with the Rules made under this Act, namely- (i) Sub-division of lands and layout of public roads; lii) width for different classes of public roads according to the nature of traffic to be carried thereon; (iii) roads, lands and setting back of buildings from the road line ; (iv) Zoning Regulations prescribing the type or description of buildings which may be constructed, the spaces to be kept un-occupied in a zone or a part thereof; or any other matter pertaining thereto; (v) r-!gulation and display or advertisement in the interest of amenity, aesthetic, or public safety; (vi) regulations in any· manner not specifically provided for in this Act, the erection of any enclosure, wall, fence, tent or other structures, on any land within the jurisdiction of the ? uthority; 1•, .. var of ,\11lh11rlty '" 111?ka lty• IMWI, Conrro/bythe State Govt. & theBoard. Dissolution of the Au. thority. Savingsof Previous or.der& & ac. tions of theStare Govt. 31httj t•••?•lm, ""' '""""<fon of bosfoe,, of the meeting, of (ht "?ll/1111111 \ JI/ Nn n,, I, h "· fo ws •ha// come inu, /om, Uotil it is •- I•.>!I,,, ·'"' · < '""'""''"' "d tbe,o,f,e, pub/fahed in <be fh1uu., /II 11,,, ''"'•' """'""''"' m,, at any time "•eeJJ the .,,J'li:,•;':;;;,,"'·•, h1·,-fo.,,,und tbeceupon '"'h by, law, •hall f!!· l'fi, """ "' •<"" <lu "", ho,; ly sbsu ""Y out •ucb dfr"tion, <! !I!!,?' """'' I<,"" """ to tin" by <be State Go,«nmentfo, •D1!/!l!,<i•1'''"""', u """" n r !I, i, Act, ,ad the A. u <ho,;,ysbalJ ""Y ?II>ill!< >"'!• ,1, • '" • ",.,., , " "''" be Is, ued frn ,u time to tin,, by the ffN4jjfl4? I/Iii jl,11 /1111,•, • fi!Y)!lll,,.1ilH' " • h,·oe h, dfrection,or ti,e Boa,d di,ecgentfrom ' ... h.>ltj.lit ....I/.,.',,,1,,, !.'"'•'r11,11,•n1for the sam: issued, the dire;:tion ,,if jftj lfillt ! lt1111, 111111,,11,/1;1/J prev11iJ._ijl (! j W1,.u u,,, '""' Go,e,nmenti, •>ti,fied that tb, pu,, l'""'l .fi!!•<lpe,, '"" , I"''"" i I, wa, establi,ed unde, thi, Act ha,, 11,,?I !!OJ!"',"'IU ""'"" < ed , ,, '" to <ondc, tbe con tlnu,d <'1st enc, O( 111' 11<!11·"<<1 """ "• ,•,,,,, f<' or the A.ufbo,;,ybes not functioned " ·,i l!,il, , • '1,, ,, ,., " "'""""•<thinksi:, may, by notinc"Jon In 111, ' 1, "' ", .,.,.,.,., 11,.,, the A Utbo,I<>shall be di,so/,ed •·•111 . 1,,.,,. "• · " "·"• "• "" y b, 'PXifi ,d In the notification; <!iii I!, ? "' 1,.. , "• ,i, ,, II i,,. ,leem,d lo be di '>ol,ed acco,dingly_ \fl h,"'' 1/j,1 d,1r,· o/' such dissolution-fij/ ,.fl llh;f"""',''""'' ona du" which a,e >ested in o, na, ,,., w? " ''" '""' "'" y shall "" '"· °' be '"lisab!, by, llt,i lt!!ifr lf,,v.·,,111tr111,If!/ ii!. 11,hi! 11,,. •·111<11m·e enfo,eeab!e agein,t !he Antbo,;ty '1i•II h, """""'''''' "'""'" th, State Go,e,,nment; and M fl\, 1\, II"•''"" "' , "'"'"'• Pm Pe<lie,, fund, aod due, ,e. l't;iftj.t/ ... hi .. 1" "'""? ;.,1._11,c fooctlon,of the Authority•hall flt !fl;, 1111,ti"'" h1 tl1r .',tate Government.'14, \II • "''"", • "'''"'' "'"'' ond action, taken b, the Stat, Go. '"'"""' •ij '''""' .,,,.,, """ """" '"d Count,yPlann'ingin i\fanipu, •efoc, 11,, ''}"""""''"''"' "' 11,i, Ac, •hall, uo/es, incon,i,tent With <be '""'"'" """'''• I•, ''"""''' ,., """ been m,d, o, taken unde, ;, ? OI , ,1,/ tit ti! , "" """ , " '" dfecti" afte, such commencement,