(1) The provisions of these rules are not intended to prevent the use of a material or method of design· or construction which have not been specifically prescribed by these rules or the Code, but any such alternative must be approved by the Agency.
(2) Green building: The State Government may notify in the official gazette the norms and standards of energy efficient, environment friendly building designs and may direct the Agency to enforce the same.
CHAPTER2 PREPARATION OF INVESTMENT REGION DEVELOPMENT AND MANAGEMENT SCHEME
6. State Government to authorize an Agency
(1) State Government may authorize an Agency with its jurisdiction to implement the provisions of the Act.
(2) The Agency shall be responsible for preparation of Investment Region Development and Management Scheme and to follow other provisions of the Act.
'B~ ~, ~ 14 l=lfi:r 2016 222 (169)
7. Selection of Draft Scheme Area, publication and objections;
( 1) The Agency shall identify the area in which the schem~ shall be implemented and shall submit the proposal for preparing the Scheme on the identified land to the State Government. Such proposal shall be accompanied by the following documents and particulars, namely; •
(a) Description of land (location with name of road/roads or/of which the land is situated and its boundaries). •
(b) Khasra plan showing khasra numbers of the land in question and also adjoining khasra numbers lying within 200 mtrs.
from the outer limit of the land. The land in question shall be shown µi red in khasra map. .
( c) Location plan, indicating the land in question showing main approach roads and any other important buildings in the vicinity.
( d) A tentative first stage estimate of development and financial feasibility of the project.
( e) ·A note indicating the type of development proposed namely, industrial/ commercial/ residential or mixed or any other development.
(2) On receipt of the proposal of Draft Scheme Area, the State Government may approve with s.uch modifications as it may . consider appropriate.
(3) The Drat\ Scheme Area, as approved by the State G9vernment under sub-rule 2, herein above, within a period of 30 days of such approval, Agency shall publish a public notice in Form-I declaring its intention of making the Scheme in the ·Draft Scheme Area, inviting objections and suggestions from the owners of the land and such . other persons as may be interested. The Public notice mentioned herein shall be published in, -
(a) the official gazette; and
(b) At least in two Hindi newspapers having wide circulation in the Draft Scheme Area. Copies of the notice shall also be affixed on the notice boards of the office of Agency.
(4) The Agency shall consider all the objections and suggestions which may be received under sub rule (3 ), with respect to the_ said Draft Scheme Area. It shall give an opportunity of hearing to all objections and suggestions before deciding the final Scheme Area.
(5) The Agency shall after deciding the objections and suggestions if any, made under sub-rule (4) herein above, may approve the 222 (170) -q~ ~. ~ 14 l:ffi:I' 2016 Scheme Area with such modifications as it may find appropriat~.
The approved Scheme Area shall be finally published. by the Agency in the Madhya Pradesh Gazette.
Se Appeal by aggrieved person;
(1) Any person aggrieved by any decision taken by the Agency under sub-rule (5) of Rule 7, may within 15 days of the publication of final Scheme Area in the Mad~ya Pradesh Gazette prefer an appeal • to the Appellate Authority.
(2) The Appellate Authority shall decide the appeal within 45 days from date of filing the appeal.
(3) The Appellate Authority shall issue notice to the appellant and decide such appeal after giving reasonable opportunity of being heard to the appellant;
Provided that no order shall be passed by the Appellate Authority 4 unless the person affected thereby and the Agency has been given a reasonable opportunity of being heard.
( 4) The Appellate Authority shall after examining the record and the witnesses if any, pass such order as he thinks fit and: proper, the order passed shall be final and binding on both the parties.
9. Preparation of Draft Development· Scheme, its publication, objections, final l)evelopment Scheme and appeal; .
(1) • The Agency shall prepare the draft Development Scheme for such area as has been published in the G~ette under sub-rule (5) of Rule 7; having such contents as considered appropriate, within a period of 180 days from the date of final publication of Scheme Area under sub-rule (5) of Rule 7. The agency may authorize an officer / organization to carry out the survey of the area, prepare existing land use map and take such other activity as are necessary for preparation of such draft scheme.
(2) The Draft Development Scheme prepared under sub-rule (1) of Rule 9 shall be published together with a notice in Form-II inviting objections and suggestions on the said draft Scheme within a period of 30 days from the date of publication of such notice in;
(a) The Madhya Pradesh Gazette; and
(b) Atleast in two Hindi newspapers having wide circulation in the area concerned stating that the draft Development Scheme has been prepared under section 7 and is available \ +{~ u;.;rq,r, ~ 14 Tffi:f 2016 222 (171) for inspection of general public at the office of the Agency during office hours.
(3) The Agency shall· after considering the objections and suggestions, approve the final Development Scheme with such modifications as it may deem appropriate. The final Development Scheme so approved shall be finally published together with a notice in Form III in the Madhya Pradesh Gazette and also in two Hindi newspapers • having wide circulation in the area in which the Scheme is to be implemented, informing that the final Development Scheme has been approved by the Board of the Agency and the same shall be available for inspection, for general public at the office of the Agency quring office hours.
(4) Any person aggrieved by the decision of the Agency, may within 30 days from the date of publication of final Development Scheme in the official Gazette may prefer an appeal to the Appellate Authority. The Appellate Authority shall decide the appeal within 45 days from the date of filing of the appeal.
( 5) . The Appellate Authority shall after giving reasonable opportunity of hearing to the owner of the land and other affected persons if any, shall after examining the record, pass such an order as it deems fit and proper and the order passed by the Appellate Authority shall be final.
Provided that no order shall be passed unless the person affected thereby and the Agency has been given a reasonable opportunity of being heard by the agency.
10. Acquisition of land;
(1) The Agency may, if required, make an application to the Collector for the allotment of government land that may be si~te~ • within the boundaries of the scheme and the Collector shall allot and transfer the said land in favour of the Agency.
(2) The Agency shall, within 3 months after the final publication of development scheme under sub-section 2 of section 8 of the Act, proceed to acquire the private land situated within the boundaries of the Scheme, through agreement with the owners.
(3) The Agency, where the owner agrees, shall execute the agreement in Form-IV. The Board may permit such modifications in Form-IV as may be considered appropriate for that Development Scheme.
( 4). The Agency, where it is satisfied that the land parcels of private owners are small and not feasible for land sharing then agency it 222 (172) Tl~~.~ 14 l-lfi:r 2016 may decide the rate ,of compensation based on market price and acquisition of these small parcel of lands can be done by paying the compensation amount to the land owners and make the registration of the land in favour of the Agency. The Agency shall also have full powers to negotiate the price of the land with the land owners.
( 5) (a) If the Agency is satisfied that acquisition by agreement is not possible it shall request the District Collector to acquire the said land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013). All expenditure incurred in such acquisition shall be borne by the Agency.
In cases where the acquisition of land is not possible through agreement, the Agency can also opt to acquire the land from the land owners by adopting the provisions of "Consent Land Purchase Policy" as notified by the Revenue Department in the Gazette in November 2014 and its subsequent modifications, if any.
(b) Not withstanding any action that may have been taken for acquisition of land under clause (a) of sub rule 5 the Agency may, on application of the owner, enter into the agreement in Form-IV;
provided that on the date . of such agreement proceedings under the Right to F~ir Compensation and Transparency in Land Acquisitiori, Rehabilitation and .
Resettlement Act 2013 (30 of 2013) have not been initiated by ~he• competent authority. _
(6) The land. acquired under sub rule (3), (4) & (5) hereinabove shall, on acquisition, vest free of all encumbrances in the Agency.
1 la Modification of Scheme; .
If it seems necessary in public interest to do so, the Agency shall suo.;.
motto or under request from the land owner(s) shall prepare a factual report regarding the modification of the Scheme and wi'Ui . the prior approval of the Appellate Authority can do the necessary modifications.
ll~ ~, ~ 14 i:rr:;f 2016 CHAPTER3 ORGANISAflON SET UP AND POWERS 222 (173) l2. Department of building permission and inspection,- . (1) The Agency shall have a department of building permission and inspection which will be headed by the officer incharge of the said department shall be the person having minimum qualifications prescribed in rule 30 for an Engipeer or Architect or Town Planner and shall be designated as Building Officer.·
(2) The Agency may designate suitable number of Building Inspectors and other technical officials, having qualifications not less than those prescribed for supervisors in rule 30 to assist the Building Officer. The Agency may also outsource this activity conforming to the qualifications mentioned in rule 30.