(a) laying out, or relaying out, land, either vacant or already built upon,
(b) filling up, or reclamation, of low lying ,swampy or unhealthy areas or leveling up of land,
(c) redistribution of sites belonging to owners of property comprised in the scheme,
(d) reconstitution of plots,
(e) construction or reconstruction of buildings,
(f) restriction on the erection or re-erection of any building or any class of buildings,
(g) imposition of conditions and restrictions in regard to the open spaces to be maintained around any building, percentage of built-up area for a plot, number, height and character of buildings allowed in specified areas, subdivision of plots, discontinuance of objectionable uses of land or building in any area for specified periods, parking spaces and loading and unloading spaces for any building and advertisement signs,
(h) closure or demolition of buildings or portions of buildings unfit for human habitation,
(i) demolition of objectionable buildings or portions thereof, >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 604
(j) laying out of new streets or roads and construction, diversion, extension, alteration, improvement and closing up of streets or roads and other means of communication,
(k) regular lines of streets and prohibition of buildings within the regular lines of streets,
(l) construction, alteration and removal of bridges and other structures,
(m) provision for traffic engineering schemes, street lighting, street furniture and other conveniences,
(n) provision for water-supply, sewerage, surface or sub-soil drainage and sewage disposal,
(o) provision for open spaces,
(p) preservation and protection of objects of historical importance or of national interest or of natural beauty and of buildings actually used for religious purposes, and
(q) any other matter not inconsistent with the provisions of this Act and for which, in the opinion of the municipality, it is expedient to make provisions with a view to improving the area to which the scheme relates.
395. Submission of area improvement scheme to municipality and State Government-
(1) Every area improvement scheme shall, as soon as may be after it has been prepared, be submitted for approval by the Municipal Commissioner or the Executive Officer to the municipality which may either approve the scheme without modifications or with such modifications as it may consider necessary, or reject the scheme with directions to the Municipal Commissioner or the Executive Officer to have a fresh scheme prepared according to such directions.
(2) No area improvement scheme approved by the municipality under subsection (1), which involves acquisition of land and provision of funding support from the State Government, shall be valid unless it has been approved by the State Government.
396. Re-housing scheme- While preparing an improvement scheme under this chapter for any area, the Municipal Commissioner or the Executive Officer may also prepare a scheme (hereinafter referred to in this Act as re-housing scheme) for the construction, maintenance and management of such >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 605 buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the area improvement scheme.
397. Area improvement scheme and re-housing scheme to comply with structure plan- No area improvement scheme or re-housing scheme prepared under this chapter shall be valid unless such scheme is in conformity with the provisions of the structure plan, if any, for the municipal area.
Explanation– “Structure Plan” shall mean a plan which provides a broad strategic framework for preparation of subsequent local plans and takes into consideration the regional context, the transportation linkages and the issues relating to employment, shelter and environment.
398. Execution of area improvement scheme- Any area improvement scheme prepared under this chapter may be executed by the municipality itself or by such person or authority as the Standing Committee may select under chapter XXIII.
399. Power to acquire land and building for area improvement scheme- Subject to the provisions of this Act, the municipality may require acquisition of any land or building, whether situated in the municipal area or not, for the purpose of –
(a) opening out any congested or unhealthy area or otherwise improving any portion of municipal area, or
(b) erecting sanitary dwellings for working and poor people, or
(c) executing any development plan or scheme for the benefit of persons residing in the municipal area.
400. Power of municipality to define and to alter limits of slum- The municipality may define the external limits of any slum and may, from time to time, alter such limits.
401. Slum improvement scheme -
(1) Notwithstanding anything contained in any other law for the time being in force, the municipality may, with the approval of the State Government, take up survey and prepare such improvement scheme for the purpose of effecting environmental or general improvement of slums as it may consider necessary, and publish a copy of such scheme in such manner as may be prescribed.
>kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 606
(2) The slum improvement scheme may provide for all or any of the following matters:-
(a) water-supply including sinking of tube-wells, laying of water pipelines, installation of overhead reservoirs,
(b) drainage and sewerage including connections with any existing channel or sewer main or laying or diverting of drains,
(c) conversion of service privies into septic tank privies or waterborne privies connected with sewer mains,
(d) flushing arrangements for privies and urinals,
(e) sewage and garbage removal,
(f) raising, lowering or leveling of land and improvement of pathways and passages,
(g) lighting including laying of cables or overhead lines,
(h) land tenure and housing;
(i) social security;
(j) education;
(k) health;
(l) livelihoods;
(m) such other matters as may be considered necessary for carrying out the purposes of this chapter.
(3) While approving any slum improvement scheme, the State Government shall take into account the activities of other agencies or authorities affecting all or any of the matters referred to in sub-section (2).
402. Acquisition of right of user –
(1) If, at any time, it becomes necessary to acquire the right of user in any land in or around any slum for the purpose of implementing any improvement scheme in respect of such slum, the State Government may, on the recommendations of the municipality in this behalf, declare, by notification, its intention to acquire such right, and invite suggestions or objections from persons likely to be affected thereby within such time as may be specified in the notification.
>kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 607
(2) Every suggestion or objection received under sub-section (1) shall be heard by the Municipal Commissioner or the Executive Officer after giving an opportunity to make personal representations, if any.
(3) The Municipal Commissioner or the Executive Officer shall submit a report to the Standing Committee after the hearing under sub-section (2) and after making such enquiry in this behalf as he may consider necessary.
(4) After considering the views of the Standing Committee, the State Government may, by notification, declare that the right of user in such land shall be acquired.
(5) With effect from the date of publication of the notification under subsection (4), the right of user in such land shall vest in the municipality, free from all encumbrances.
403. Work to be executed in slum. Notwithstanding anything contained in the foregoing provisions of this chapter, the Municipal Commissioner or the Executive Officer may, for reasons of environmental sanitation, cause the following works to be executed in any slum: -
(a) sinking of tube-wells inside the slum area including laying of water-pipe lines, installation of overhead reservoirs,
(b) laying of drains or diversion of existing drains,
(c) conversion of service privies into connected privies or septic tanks,
(d) appurtenances necessary to maintain flushing arrangements of privies and sewers,
(e) removal of silt from sewers and sludge from septic tanks,
(f) removal of solid or liquid wastes including cleansing of the deck or squatting platform of the connected privies, or septic tanks,
(g) laying of internal roads,
(h) provision of street lighting, and
(i) repair work relating to any of the works referred to in clauses (a) to (f).
404. Power of Government to require municipality to prepare a Master Plan-
(1) Notwithstanding anything contained in this Act, the State Government may, by notification, require the municipality to prepare and submit to the State >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 608 Government before a specified date a Draft Master Plan in respect of the municipality.
(2) The Master Plan shall consist of the localities, wards, streets and portions of streets reserved for residential, commercial, industrial, public and agricultural purposes.
(3) The manner of sanctioning the Master plan and its revision shall be as prescribed by the state government.
(4) The State Government may direct the Chief Town Planner or other Consultants to prepare the Master Plan, if
(a) within the period specified or within such period which the Government has extended, no Master Plan has been prepared; or.
(b) at any time the Government is satisfied that the municipality is not taking steps necessary to prepare such Master Plan within that period, and
(c) where by virtue of the forgoing provisions of this Act, a Master Plan is to be prepared.
(5) After preparation of the draft Master Plan, the Chief Town Planner shall submit the same to the State Government.
(6) All expenses incurred under this section in connection with the preparation of Master Plan for the municipality shall be met by the municipality.
Chapter 38 Public Streets General Powers