Having regard to the provisions of article 243ZD and article 243ZE of the Constitution of India and of State law enacted under these articles, a municipality shall participate in the election of members of the District Planning Committee or the Metropolitan Planning Committee, as the case may be, and such members shall actively represent the interests of the municipality in such Committees.
380. Municipality to implement development plans.
(1) Having regard to the draft development plan, as prepared by the District Planning Committee or the Metropolitan Planning Committee, as the case may be, and as approved by the State Government, the municipality shall implement such components of such development plan as relates to its jurisdiction and carry out such functions as may be assigned to it in this behalf.
(2) Without prejudice to the generality of the foregoing provisions of this section, the municipality shall undertake –
(a) preparation of plans for improvement under chapter 37, and
(b) plans for infrastructure development including water-supply, drainage and sewerage, solid waste management, roads, and transport system accessories.
381. Preparation of development plans by municipalities –
(1) Every Ward Committee shall prepare every year in such form, as may be prescribed, a development plan for the Ward along with an estimate of the >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 592 expenditure therefor, for the next year and after finalizing it in a meeting held three months before a financial year, submit the same to the municipality concerned.
Provided that in case of Municipal Corporation, the Ward Committee after preparation of development plan shall submit the same to the Zonal Committee and the Zonal Committee after consolidating the development plans in the wards in its jurisdiction shall submit the same to the municipality concerned.
(2) Every municipality shall prepare every year in such form as may be prescribed, a development plan for the municipal area for the next year having regard to the development plans submitted to it by the Ward Committees in the municipality, and submit the same before such date, as may be prescribed, to the District Planning Committee or the Metropolitan Planning Committee, as the case may be.
Explanation- For the purpose of this section 'development plan' means a development plan for economic development, social justice and improvement of living conditions in relation to matters enumerated in the Twelfth Schedule to the Constitution of India including the matters to which the administrative power vests in the municipality under the provisions of this Act or any other law.
(3) Each municipality shall prepare perspective five-year plan for its development and furnish the same to the District Planning Committee or the Metropolitan Planning Committee, as the case may be.
(4) While preparing the annual plan referred in sub-section (2), the municipality shall prioritise the projects on the basis of schemes beneficial to the municipality as a whole, those beneficial to a number of wards or for individual ward in that order.
(5) The municipality shall also have power to prepare and implement detailed Town Planning Schemes subject to the master plan prepared by the Development Authorities.
382. Entrustment of schemes to municipalities for implementation-
(1) Notwithstanding anything contained in any law for the time being in force, the State Government may, subject to the condition, as they may think fit to impose, entrust by an order published in the official Gazette to a municipality, the implementation of such schemes of economic development and social justice including the schemes in relation to the matter enumerated in the Twelfth Schedule to the Constitution of India, as they deem fit.
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(2) Where the State Government entrust a scheme under sub-section (1) to the municipality, they shall allot to that municipality such fund and staff as may be necessary to enable the municipality to implement the scheme.
383. District Planning Committee –
(1) The Government shall constitute in every district, a District Planning Committee at the district level to consolidate the plans prepared by the panchayats and the municipalities in a district and to prepare a draft development plan for the district as a whole in which number of members from ULBs shall be notified by the State Government for the purpose.
(2) The Committee shall consolidate the plans prepared by the panchayats and the municipalities in the district and prepare a draft development plan for the district as a whole and perform such other functions relating to district planning, as may be assigned to it by the State Government, from time to time, by notification in the official Gazette.
(3) The Committee shall, in preparing the draft development plan,-
(a) have regard to-
(i) matters of common interest between the panchayats and the municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of the infrastructure and environmental conservation; and
(ii) the extent and type of available resources, whether financial or otherwise;
(b) consult such institutions and organizations as the State Government may, by order specify.
384. Metropolitan Planning Committee –
(1) The Government shall, by notification in the official Gazette, constitute a Metropolitan Planning Committee in a metropolitan area to prepare a draft development plan for such area as a whole.
(2) The Metropolitan Planning Committee shall consist of twenty one members of whom-
(a) fourteen shall be elected, in such manner as may be prescribed, by and from amongst, the elected members of the municipalities and the panchayats in the metropolitan area in proportion to the ratio between the population of the municipalities and panchayats in that area;
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(b) seven shall be nominated by the Government of whom-
(i) one shall be an eminent person having experience in local administration or public administration;
(ii) one shall be an officer not below the rank of Senior Town Planner of the Town Planning Department;
(iii) one shall be an officer not below the rank of Chief Engineer;
(iv) one shall be the Secretary to Government in charge of Urban Development Department.
(3) one shall be the Deputy Commissioner of the district in which the metropolitan area is comprised or where more than one district are comprised in the metropolitan area, one of the Deputy Commissioner of such district, as the Government may nominate;
(4) The Mayor of the Municipal Corporation in the Metropolitan Area shall be the Vice-Chairperson of the Committee;
Provided that when there is more than one Municipal Corporation in the Metropolitan Area, one of the Mayors shall be nominated by the Government by rotation.
(5) The Chairperson of the Committee shall be the Minister in-charge of Urban Development Department of the Government.
(6) There shall be a Secretary to the Committee and he shall be nominated by the Government.
(7) The members mentioned under clause (a) to sub-section (2) shall be elected under the guidelines, supervision and control of the State Election Commission.
(8) Where the Government are of opinion that representation of the Central or State Government and of any organization or institution is necessary for carrying out the functions assigned to the Committee, they may provide for the inclusion of the representatives of the Government concerned or of such organization or institution, as invitees, in the Committee for the limited purpose of carrying out the functions so assigned to it.
(9) The Committee shall prepare draft development plan for the metropolitan area as a whole and perform such other functions relating to planning and co-ordination for the metropolitan area as may be assigned to it by the State Government, from time to time.
(10) The Committee shall, in preparing the draft development plan- >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 595
(a) have regard to-
(i) the plans prepared by the municipalities and the panchayats in the metropolitan area;
(ii) matters of common interest between the municipalities and panchayats including the co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
(iii) the overall objectives and priorities set out by the Central or the State Government;
(iv) the extent and the nature of investments likely to be made in the Metropolitan area by agencies of the Central and State Governments and other available resources, whether financial or otherwise;
(b) Consult such institutions and organizations as the State Government may, by order, specify.
(11) The Secretary shall forward the development plan, as recommended by the Metropolitan Planning Committee, to the Government for approval.
(12) The procedure to be followed in the meeting including the quorum for such meeting of the Metropolitan Planning Committee shall be governed by such rules as may be prescribed.
Chapter 37 Improvement
385. Removal of congested buildings -
(1) If it appears to the Municipal Commissioner or the Executive Officer that any block of buildings is in an unhealthy condition by reason of the manner in which the buildings are crowded together or the narrowness, closeness, or faulty arrangement of streets or the want of proper drainage and ventilation or the impracticability of cleansing the buildings or by reason of any other cause to be specified in writing, he shall cause such block of buildings to be inspected by the Chief Municipal Health Officer and the Chief Municipal Engineer, who shall consult the owners and the occupiers of such block of buildings and the owners and the occupiers of other buildings affected by the unhealthy condition and shall, thereafter, make a report, in writing, to him regarding the sanitary condition of such block of buildings.
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(2) If, upon receipt of the report under sub-section (1), the Municipal Commissioner or the Executive Officer considers that the sanitary condition of such block of building is likely to cause risk of disease to the inhabitants of the buildings or the neighbourhood or otherwise endanger the community health, he shall, with the approval of the Standing Committee, select the buildings which, in his opinion, should wholly or in part be removed in order to abate the unhealthy condition of such block of buildings, and may, thereupon, by notice, in writing, require the owners of such buildings to remove them within such period as may be specified in the notice :
Provided that before issuing the notice, a reasonable opportunity shall be given to the owners to show cause, either in writing or in person, why the buildings should not be removed:
Provided further that the Municipal Commissioner or the Executive Officer shall, for the removal of any such building, which may have been erected lawfully, pay compensation to the owner for any such building.
(3) If the notice under sub-section (2) requiring any owner of a building to remove such building is not complied with, and, after the expiration of the period specified in the notice, the Municipal Commissioner or the Executive Officer may himself remove the building and recover from the owner of the building the expenses of such removal as an arrear of tax under this Act.
386. Power to require improvement of building unfit for human habitation-
(1) If, upon information in his possession, the Municipal Commissioner or the Executive Officer is satisfied that any building is in any respect unfit for human habitation, he may, unless, in his opinion, the building is not capable of being rendered fit at a reasonable expense, serve on the owner of the building a notice requiring him, within such period, not being less than thirty days, as may be specified in the notice, to execute the works of improvement specified therein, and stating that in his opinion such works will render the building fit for human habitation.
(2) In addition to the notice served on the owner of the building under sub-section (1), the Municipal Commissioner or the Executive Officer may also serve a copy of the notice on any other person having an interest in the building, whether as a lessee or as a mortgagee or otherwise.
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(3) In determining whether a building can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render the building so fit and the estimated value which the building will have on completion of the works.
(4) If the notice under sub-section (1) requiring the owner of the building to execute the works of improvement is not complied with, and, on the expiration of the period specified in the notice, the Municipal Commissioner or the Executive Officer may himself do the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrear of tax under this Act.
(5) Whenever it appears to the Municipal Commissioner or the Executive Officer that any building, by reason of being unsecured and untenanted or by reason of having fallen into ruins leads to the commission of a nuisance or for the harbourage of snakes or other noxious animals, the Municipal Commissioner or the Executive Officer may require the owner of such building, or the owner of the land to which such building is attached, to secure the same or to remove or level such ruins, as the case may require.
(6) Whenever on any land, being private property, there exists thick vegetation or undergrowth which appears to be injurious to health or to form an impediment to efficient ventilation, the Municipal Commissioner or the Executive Officer may by notice require the owner or occupier of such land, to clear away and remove such vegetation or undergrowth. within a period to be specified in such notice.
7.(a) The Municipal Commissioner or the Executive Officer, with the approval of the Standing Committee, may by a general order prohibit the making of excavations for the purpose of digging earth or stones therefrom, or for the purpose of storing rubbish or offensive matter therein or the digging or construction of tanks, pits and cesspools, without special permission previously obtained.
(b) Any person who contravenes an order under clause (a) this sub-section shall be liable to a fine not exceeding two thousand rupees.
(8)If the Municipal Commissioner or the Executive Officer, with the approval of the Standing Committee, is of the opinion that the cultivation of any description of crop, or the use of any kind of manure, or the irrigation of land in any specified manner –
(a) in any place within the limits of municipality, is injurious, or facilitates practices which are injurious to the health of persons dwelling in the neighbourhood, or >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 598
(b) in any place within or outside the limits of municipality, is likely to contaminate the water-supply of municipality, or otherwise render it unfit for drinking purposes makes a report to the State Government, and the State Government may, on receipt of report from the municipality, by public notice, prohibit the cultivation of such crop, the use of such manure or the use of such method of irrigation or impose such conditions with respect thereto as may prevent injury therefrom:
Provided that, if the act prohibited has been practiced in the ordinary course of husbandry at any time during the preceding five successive years, compensation for the damages at the rates specified shall be paid to all persons affected by such prohibition from the municipal fund
387. Power to order demolition of building unfit for human habitation-
(1) Where, upon information in his possession, the Municipal Commissioner or the Executive Officer is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered fit, he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee or as a mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.
(2) If the owner of the building, or other person, upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the Municipal Commissioner or the Executive Officer and gives an undertaking that he shall, within a period specified by the Municipal Commissioner or the Executive Officer, execute such works of improvement in relation to the building as will, in the opinion of the Municipal Commissioner or the Executive Officer, render the building fit for human habitation or that the building shall not be used for human habitation until the Municipal Commissioner or the Executive Officer on being satisfied that it has been rendered fit for such habitation, the Municipal Commissioner or the Executive Officer shall not make an order of demolition of the building.
(3) If no such undertaking as is referred to in sub-section (2) is given, or if, in a case where any such undertaking has been given, the works of improvement to which the undertaking relates are not carried out within the specified period or the building is used in contravention of the undertaking, the Municipal Commissioner or the Executive Officer shall forthwith make an order of demolition of the building requiring that the building shall be >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 599 vacated within a period to be specified in the order, not being less than thirty days from the date of the order, and demolished within six weeks on the expiration of that period.
(4) Where an order of demolition of a building under sub section (3) has been made, the owner of the building or any other person having an interest therein shall demolish such building within the period specified in the order, and if such building is not demolished within that period, the Municipal Commissioner or the Executive Officer shall demolish the building and shall sell the materials thereof.
(5) Any expenses incurred by the Municipal Commissioner or the Executive Officer for carrying out the purposes of sub-section (4) which cannot be met out of the proceeds of the sale of materials of the building, shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this Act.
(6) Any person who fails to comply with the notice issued by the Municipal Commissioner or the Executive Officer under sub-section (1) shall be liable to a fine not exceeding two thousand rupees and to a further fine of two hundred rupees for every day during which the default is continued after the expiration of eight days from the date of service on him of such notice.
(7) In determining, for the purposes of this section whether a building is unfit for human habitation, regard shall be had to its condition in respect of the factors, such as, -
(a) repair,
(b) stability,
(c) freedom from damp,
(d) natural light and air,
(e) water-supply,
(f) drainage and sanitary conveniences, and
(g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter;
and the building shall be deemed to be unfit for human habitation only if it is so defective in one or more of the factors as aforesaid that it is not reasonably suitable for occupation in that condition.
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(8) For the purposes of this section, “works of improvement”, in relation to a building, shall include any one or more of the following works, namely: -
(a) necessary repairs,
(b) structural alterations,
(c) provision of light points and water taps,
(d) construction of drains, open or covered,
(e) provision of latrines and urinals,
(f) provision of additional or improved fixtures and fittings,
(g) opening up or paving of courtyard,
(h) removal of rubbish, filth and other polluted and obnoxious matters, and
(i) any other work including the demolition of any building or any part thereof which, in the opinion of the Municipal Commissioner or the Executive Officer, is necessary for executing any of the works as aforesaid.
(9) The provisions of this section shall not apply in relation to any building in any area which has been declared to be a slum area under any State law relating to improvement or clearance of slums.
388. Abandoned or unoccupied premises - If it appears to the Municipal Commissioner or the Executive Officer that any building or structure has been abandoned or is unoccupied and has become a resort of disorderly persons or is by reason of its condition seriously detrimental to the amenities of the neighbourhood, the Municipal Commissioner or the Executive Officer may give a written notice to the owner of such building or structure if he is known and found to be a resident within the limits of municipality, or to any person who is known or believed to claim to be the owner, if the person is resident within the limits of the municipality, and shall also affix a copy of the notice on some conspicuous part of the building or of structure requiring all persons having any right or interest therein to take such order with said building or structure as may, in the opinion of the Municipal Commissioner or the Executive Officer be necessary to prevent the same from being resorted to as aforesaid or from being seriously detrimental to the amenities of the neighbourhood.
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389. Reclamation of low-lying sites –
(1) If for any reason it appears to the Municipal Commissioner or the Executive Officer that the level of site on which it is proposed to erect or re-erect a building is so low that such building is likely to become insanitary or likely to be a source of nuisance, he shall give to the owner of the site proposed to be built upon, a notice in writing, calling upon him to show cause in writing within thirty days after the receipt of such notice as to why the site should not be reclaimed with such materials and raised to such height and within such period, not being less than six months from the date of the notice, as the Municipal Commissioner or the Executive Officer thinks fit; and in the notice, the Municipal Commissioner or the Executive Officer shall also specify the cost at which the site can be reclaimed and raised by municipal agency if the owner desires to employ that agency.
(2) If no reply is received to the notice within such period as aforesaid, or if the reply furnished by the owner appears to be insufficient or not well founded, the Municipal Commissioner or the Executive Officer may, by a notice in writing direct such owner or occupier –
(a) to reclaim and raise the site within the specified period; or
(b) to pay to the Municipal Commissioner or the Executive Officer within thirty days after the receipt of the said notice the estimated cost of reclaiming and raising the site by municipal agency.
(3) If the owner fails to commence the reclamation and raise the site to specific height with the specified materials within the specified period, or has not paid the estimated cost of reclaiming and raising the site, the Municipal Commissioner or the Executive Officer shall carry out and complete the work and recover the cost from the owner
390. Power to prohibit re-erection of building on inaccessible sites -
(1) If any building is so situated as to be inaccessible to a fire-engine or as to cause obstruction to a fire-engine to reach the site, the Municipal Commissioner or the Executive Officer may, by a notice in writing addressed to the owner of the building order to demolish such portion to enable a fire engine to reach the site.
(2) No person shall erect or re-erect any building in contravention of a notice under sub-section (1).
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