(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 Government to aothe 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 d9cuments 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.