(1) The *[State Government] may make rules consistent with this Act either generally or for any particular area, to carry out all the purposes of this Act and such rules may be incorporated in any scheme by a reference thereto in the scheme, subject to any modifications that may be set out in the scheme.
(2) In particular and without prejudice to the generality of the foregoing power, the *[State Government] shall have power to make rules in respect of the following matters:-
(a) the manner of publication of the notifications under section 10, and of the draft scheme under section 11;
(b) the further particulars or plans for inclusion in schemes under section 4, 76[clause (r)], and section 13, 77[sub-section (1)], clause (h);
(c) the scale of all plans made under this Act the particulars to be shown in them, the manner in which such particulars shall be shown, the colouring of such plans and all such matters;
(d) what streets or roads and improvements thereto provided in a town-planning scheme shall be made or carried out at the expense of the municipal council, the owners of the property or both;
(e) the kinds of expenditure connected with townplanning which shall be met out of current revenues and those that shall be met out of loans or other capital receipts;
76. “Clause (q)” substituted by Madras Act II of 1930.
77. Inserted by Madras Act II of 1930.
Power of State Government to make rules.
34 [Act No.VII of 1920]
(f) what receipts shall be credited to the townplanning fund referred to in section 30 and what expenditure shall be debited to it;
(g) the powers that may be delegated to the committees constituted under section 37;
78[XXX]
(i) the manner in which all documents and plans prepared under this Act shall be made accessible to the public;
(j) the procedure to be adopted for securing cooperation on the part of the municipal authorities with the owners or persons interested in property proposed to be comprised in a town-planning scheme by such means as may be expedient, the summoning presidency and procedure of such conferences and all such matters;
(k) the procedure to be observed by the municipal council, 79[and responsible authority] in cases where owners commit default, or delay the carrying out of works or improvements, for carrying out such works or improvements and for recovering the cost from the owners liable therefor;
(l) the securing of reasonable speed in the preparation or adoption of schemes by municipal councils and the procedure to be followed for enabling the *[State Government] to act in the case of default or dilatoriness 80[on the part of the municipal council or the responsible authority] in making, adopting or executing a scheme and to recover from such council the expenses of such action;
78. Clause (h) omitted by Madras Act II of 1930.
79. Inserted by Madras Act II of 1930.
80. Substituted by Madras Act II of 1930.
[Act No.VII of 1920] 35
(m) the calculation, assessment and collection of the betterment contribution;
(n) the regulation of the procedure before the arbitrator;
(o) the delegation of powers to, and the duties that shall be discharged by, the Director, and the matters on which and the manner in which he shall be consulted by municipal council 81[and responsible authorities];
82[(p) [XXX]]
(q) the accounts that each municipal council shall keep for its town-planning fund, and their audit;
(r) the extent to which the proceedings and acts of local authorities under this Act shall be regulated by the provisions of any municipal or local law applicable to such authorities;
(s) inquiries and reports as to the beginning and the progress and completion of works and other action under any scheme;
(t) sanitary principles and building regulations to be observed in drawing up schemes;
83[(u) the funds which shall be transferred by the municipal council to the responsible authority, the administration of such funds, the accounts to be kept in respect thereof and their audit;
81. Inserted by Madras Act II of 1930.
82. Clause (p) omitted by Madras Act XIII of 1938.
83. Clauses (u) and (v) were added by Madras Act II of 1930.
36 [Act No.VII of 1920]
(v) matters other than those referred to in the foregoing clauses which are expressly required or allowed by this Act to be prescribed.]
84[(3) In making any rule. the *[State Government] may provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees.]
85[44-A. The power to make rules under sections 38, 44 and 54 shall be subject to the condition of previous publication.
44-B. (1) Where a scheme sanctioned under this Act has provided that any person who commits or knowingly permits a breach of any specified provision of the scheme or who neglects or fails to comply with any such provision shall be punishable under this section, the responsible authority shall send to any person who commits or knowingly permits a breach of any such provision of the scheme or neglects or fails to comply with any such provision, a notice calling on him to discontinue the breach or cause it to be discontinued or to comply with such provision of the scheme.
(2) If after the expiry of one month from the date of receipt of the notice by such person under sub-section (1) the breach or neglect or failure continues, such person shall, on conviction, be punishable,-
(i) with fine which may extend to one hundred rupees, and
(ii) if the breach, neglect or failure continues after such conviction, with fine which may extend to fifteen rupees for every day during which the breach, neglect or failure continues after such conviction.]
84. Sub-section (3) substituted by Madras Act II of 1930.
85. Sections 44-A and 44-B were inserted by Madras Act II of 1930.
Previous publication of the rules.
Penalty for breach of the provisions of the scheme.
[Act No.VII of 1920] 37
CHAPTER IX.
TOWN PLANNING TRUSTS.