(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 telephonic 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.upaired, 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 occupation 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 Engineering, 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;-iffithe 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 subsection (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.