Manipur act 011 of 1975 : The Manipur Town and Country Planning Act, 1975

THE

MANJPUR TOWN AND

COUNTRY

PLANNING ACT, 1975 (MANIPUR ACT OF

1975)

(

A.e>?.le,

11

"{-1'31'S.-) -

"-:-----^AN

ACT

to

provide

for

planning tlie

development,and use

of rural, hill andurban

lands in

the

State

of

Manipur and

for purposesconnected

therewith. Be it enacted

by the

Legislature of

Manipur in the

Twentyssixth Year of

th!

Republic of

India as

follows:-

CHAPTER I

Preliminary

1.

(1) This Act may be

called the

Manipur Town and

Country Phnning Act, 1975.

(2) ^Itextends 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 orintended 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 theState

G0vernment as

such

Chief Town

Planner LIDder this Act. Shor, tit:e

extent

and commence. menr,

Definitions_

2

(a) {b) the carrying ^outof works which

affect only the i?:erior

of a building

or which do ^notmate1ially

affect the ^useand

:..i:

eAicrnal appearance ^{of the} building;

the carrying ^outby ^a local authority ^ofany works v.i:::':; the boundiries

of^a rvad ^forthemaintenance or :mp:c··?

ment of the road,

(c) ^thecarrying out by ^alocal authority any works

fer ^:?

purpo?es ^ofinspecting. r?pairing ^orrenewing. ^an) ??-"°'

main

pipes,

cables ^orother appa1atus. incJi;diog ^thebre:;-..:::-^! open of any

street ^orether

land ^{for that}purpose; .;.::.:

(vii)

"Chief ^Town Planning Officer"

means the Officer appointed under

section ^l

4(b) ^and shall ^besubordinate ^to the Chief

T^ownPJln:Der and shall ^beunder ^the control ^andsupervision ^ofthe Chief !^own

Planner.

(viii) "development", '\\ith its grammatical

,ariations, means ^the carryin., ^outofbuilding. engineering,

mir.ing ^erother operations ^in, on, ^{over or} under land ^orthe making ^ofanymaterial cbarge, ⁱⁿ

any building ^or land, ^{orinthe use} of any building ^or land, ^and

includes sub-division ^ofany land; ^{butdoes not}

include ^:-

(d) ^{the useofany} building ^orother land within ^thecu:t:l..:.r= of dwdling

house^foranypurpose incidental ^totbe

er::-::•- ment of ^thedwelling house ^assuch;

(ix) "develo,2!llent

scheme"

means ^ascbem repared under?.::-

?

tion ²⁹and incliii ^{es a}plan or

pans

Ioget

er wit ^ees..--r::;:::,! matter, if^any,relating ^to such ^ascheme;

(x) "engineering operation"

includes ^theformation ^orlaying c::1

of

means of

access to ^aroad ^orthe laying out of

means of 9.;:;.:er supply ^orthelaying ^out of

means of electric, telegraphic ^ortele- phonic

connections; 61 of 1948. (xi)

'•factory"

means ^afactory ^to which ^theprovis;ons ^{of the} Factories ^Act,1948(Central ^Act No. ⁶³of 1948)

shall apply; {xii)

"hill areas"

means such

areas^inthehill tracts of Manipur as the

State Government may, by notification in the Official

Gazette. declare ^tobebill

areas;

(xiii) "industrial concern"

means ^afactory workshop, ^millor any

concern of similar

nature where materials ^aremanufacrufed.^u- paired,

altered ^orprocessed; (xiv)

"land" includes benefits arising ^outof land, an4 things attached ^totheearth ^or permanently fastened ^toanything attached

to the earth;

(xv) "Legislative

Assembly"

means the Legislative Assembly ^of

Manipur; (xvi)

"local authority"

means ^aMunicipal Board,

Small ^Town Committee, ^GramPancbayat, Hill

Areas District Council ^orany other Village

Authority of a village

in Manipur; (xvii)

·

··Occupier"

means ^anoccupier of ^aland ^orbuilding or

any portion

thereof and inchides ^atenant, 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 ^whoisliable to

pay ^totheowner^rent or

any other changes

for the

use and

occu- pation ^ofanyland; (xviii)

"Official Gazet?"

means the Manipur

Gazette; (xix)

"open

space,,

means^any land,

whether enclosed^ornot, which ^{hasbeenlaid out} for

purposes ^of

public

recre:nion or lies waste ^orunoccupied,

and

in which the

part

covered

b? buildings, if

any, does ^not exceed voe-twentieth ^{of itin 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 ^theimplementation ^{of a}development scheme.

(xxiii)

"road"

means^anyhighway, street, lane, pathway,

alley, passage ^way,carriageway,

square, bridge,

whether

pri\·ate ^orpublic, whether thoroughfare ^ornot,

whether existing ^orprcposed ^{in any} scheme, and includes ^allbunds, channels,

ditches, drains,

culverts, side-walks ^andtraffic 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^usesof land or for ^the

purposes ^ofdevelopment 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 ^forthe

purposes of this

Act

consisting

of the

fellowing

members:-

(a)

Ministerⁱⁿ

charge ^{of Townand}

Country Planning, Manipur. Chairman (b)

Secretary

(Revenue), Manipur,

Member

(c) Secretary

{Finance), Manipur,

do

(d) Secretary ⁱⁿ

charge ^{of Townd-.}

Country Planning,

Manipur.

do (c)

Chief

Engineer,PWD, Maniper,

do (f)

Director ^of

Medical,

Health^&.

Family Planning Services,

Manipur.

do (g)

Chief^TownPlanner^ofTownk

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^inthe

official

Gazette. Member .Ai)^Fourother

llllD-official

mem?rs,

half of whom shalrbe nominated

by

the Assembiv and the rest

by

1111:

Seate Government. do

U)

Chief

Engineer/Superintending Engineer- ing, 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, ^thenames^of

the persons co-opted

or nominated

under clause

(b),

or clause

(i),

of sub-section

(I)

of

this section. /·Meetings ^ot4

(I) ^TheBoard shall^{meetatsucbtimeand}at such

place

and, tbc

Board..

subject

to the

provisions

of

this

section,

observe such

procedure

as may be

prescribe

in

regard ^tothe tzansaction of

its business^atsuch meeting.

(2) ^TheChairman shall

preside ^everthe

meetings ^ofthe

Board, and in^theabsence^ofthe

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 ^ActNo.4of

1976).

4

5

FurL:·tions a r.d ::·ov:ers oft?,?

Board. Ternporary ass.ccia

tion of persons wi,•h r he Bo

(3) ^All

questions at a

meeting

of

the

Board shall be

decided

by arnaiority

of votes

of the members present and

voting,

and al!

members of

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.:-.eting there is no

quorum the

Chairman or

the r?rscn

presiding over the

meeting

shall

adjourn the

meeting or

suspend

ir

until

there is quorum,

(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 oradvice 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

discussions in a

meeting

of

the

Board,

but shall not

have the

right to

vote.

6.

(I)

Subject to

the

provisions of

this Act

and

the

Rules made

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

functions as the

State

Government znay, from time to

time, assigr:. to the

Board. (2)

In

particular and

wirh..ur

prejudice to

the

generaliry

ofthe

forgoing .provisions. the

Board may,

and

shall,

if

required

by the State

Gowrnment. (a)

direct the

preparation of

development s.:hemes

by

the Authorities; (b)

undertake, assist and

encourage

the

coJJcctior., maintenance, and

publication of

statistics, bulletirs ai::d

rnoncgraphs on

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 afore- said or

which may be

prescribed.-;

The

State

Government may

provide the

Bc?::.rd with. such Stafi

'

cf thenur::?:-

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 ecifiedby

: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;-iffi- the 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

sub- section

(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:

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^ofoffice ^ofthenob-official

members sl:llil terminate ^assoonas

they

cease^tobemembers ^ofthe

Legisla- tive

Assembly ^orthelocal

authority, ^{asthecase mayhe.}

10.

(I

)

The ^termof

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 ^tobeamember

by reason of

the

expiry of his^termof office^asdescribed ⁱⁿsection

9,

shall ^be

eligible ^for re-nomination ^of

re-c...?.::-ptim:.. ·

11.

:[\! )]

Tr^ec;12t? Government may

remove from the Board

any member ^who refuses ^toact, ^orbecomes

incapable ^of

acting ^orabsents himself ^from

three consecutive

meeting ^oftheBoard^and is unable^to

explain ^suchabsence ^tothe

satisfaction of ^theBoore; ^OT

(b) ^hassoflagrantly

abused^inany

manner^his

position ^as a member

cf

the Board as to render

J:,Js

continuance detrimental 10^the

public

interest^:

Provided ^thatwhentheState Government proposes ^totake action

under^theforegoing provisions ^ofthis

section, ^an

opportunity shall ^be

given ^totr-emember concerned ^to

represent against ^the proposed

action, ^{and whensuch}action^is

taken, ^thereasons thereof

shall ^be

placed ^onrecord, ?

[(2)

A member removed under

clauses

(a)

and

(b)

of sub-section

(l) shall ^notbe

eligible ^ict

re-a;,pointment ^orre-nomination, ^asthecase may be.J

I

2.

(I)

When the office

of^amember nominated^or

co-opted

becomes vacaffl' on accounr^c:his

resignation,

removal^ordeath, ^itshall be filled up

as

soon^as

possible

by

nomination ^or

co-option, ^as the case

may be.

(2) ^Thetermof

office^ofamember ncminated^orco-opted under

sub-section

(I)

shall ^cetheremaining ^termofbis

predecessor^..

1. Numbered

b! ^the

Mar::pur

Town and

Country

Planning (Second

Amendment) ^Act,1976

1Manipur ^{ActNo. 25 of}

!976)

2. Added

by

'the Manipur

Town and

Country Planning (Seoodd Amendment) ^Act,1975

(Manipur ^{ActNo. 25of}

1976).

6

consist of ^thefo1LJwing

members"

CHAPTER ^Ill Pianning ^andDevelopment Authority.

13. (1)

The State Government^may,by notificatiL1n ^{in the}Offidall Gazette, constitute ^anA

uthority to be known ^asthe Planning and

Develop,JtW?Authody

(hereinafter

referred ^{to as} the AuqiontYJ

fflir thrp'l.1rposes ^{of thisAct, with}

jurisdiction over such ^{area as}

may be

specified ^inthesaidnotification, and different Authorities ^may be

constituted ^fordifferent

areas. ?2) The Authority

shall ^bea

?d,.1._ coroorate

haviug perpetuail suc.;cssion ^andacommon^{seal with}power to

acquire,

hold and

dispose of

properties, ^bothmoveable ^and immoveable, ^{and to}enter^intoany agreement, ^andshall. ^{by its}name, sue and

be sued. !'. The Authority

shall namely:-

(a) ^AChairman ^to?-___E?_!J!ted bv the State

Governmenr.-- .

Constitution

of ^theAutho-

rity.

Composition

of ^theAutho-

,tty.

(b) ^AVice-Chairman ^to be

appointed

by ^theState Government.

(c) ^AChief Engineer of ^theAuthority ^tobe app0inted ^{by the}State GoYernment. (dl ^AChief ^TownP1anning Officer of

the Autho- rity ^tobe

appointed

by ^theState Government. (e, ^AChief

Finance Officer^to be

appointed

by the State Government.

(f) ^ASecretary/Administrator ^to be

appointed

by the State Government. (g)

Deputy Commissioner for ^theDistrict Head Quarter ^{Town orthe}Sutr-Divisional Officer of

the

Revenue Depar1ment

for other small

towns, as the

case

may be. (h)

Senior Architect ^tobe nominated by ^the Government.

(i)

Chairman ^orChairman of the lccal Authority or authorities

covered

by

the Master Plan, ^as nominated

by ^theState Government.

(j) ^Onemember

representing

Commerce and Industry (Private

Sector) ^tobenJminated^by the State

Government.

(k) ^TwoMLA's ^ortwo

prominent social workers during ^thedissolution ^{of the}Assembly if there

be any, nominated

by ^the State Government. Member

Member

Membea

Member

Secretary

Member

Member

Membe1•

7

Disqualifica- tion for ap- pointment as member.

8

15. A person shall be

disqualified for

appolhtment L'T

nomination as a

member,

if he -

(a) ^has

been convicted of

any offence

in,olving mcral

turpitude;

(b) ^isan

undischarged insolvent or an

applicant

for beinz adjudicated and

insolvent;

,,

(c)

bolds any office of

profit under the

Authority other than those mentioned in

clauses

(a),

(b), (c),

(d) ·

and

(e),

of section

14;

(d) has,

directly or

indirectly, by

himself or

by any member of

his family, any share or

interest, in any contract or

ernplo1·mentwith, by or en behalf

of, the

Authority; or

·

(e) ^isa

Director, or a

Secretary, Manager or

other

salaried

Officerof any

incorporated company which has any share or

interestin any contract or

employment, with,

by or

on

behalf of the Authority. Removal of

16.

(1)

The State

Government may

remove

from the

Authority members.

any

member

(including

the

Chairman and the

Vice-Chairman)who- (a)

refuses^toact or

becomes

incapable of

acting or

absentshimself from three

consecutive

meetings

of the

authority and is

unable to

explain

such

absence to

the

satisfaction of the Authority;

· Or,

(b) ^hasso

flagrantly

abused in any manner, his position as a member_,.Lthe Authority as

to

render his

continuance de- trimental to

the

public interest:

Provided that

when the

State

Government proposes

to

take anyaction under any of

the above

provisions, an

op

port

unity shall

be given

to

the

member concerned to

show cause

why

such action

shouldnot be

taken

against him.

A

member removed

un,jer

clauses

(a)

and

lb)

of

sub-scection

.

be

eligible

for

re-?parntment or

re-nomination, as thecase

'

be.

??··

.

Terms of

Offi.,l. ; . ( 1ie term of office and

conditions of

service of

the

Chair-1c.e. and

condi-

•.. ·

man, ^t'ice

C. hairrnan

a_nd the other

members of

tht:

Authority

shall. tJ.cs

or ser-

be

such as

may

be

prescribed,

and

they

shall be

entitled to

received ·h·ic? of

the. .

such salaries and

allowances as

may be

fixed by

the

State

Government. c

a1r:nan altti other

mefl!"

.. ^.

Ch ^{··· ···}

..ri. ^· b

bers, ^{· ·.}

(2)

The

aun:_ia,n or

Irte

?·;.::.:?:-.vrman

or

any

rnern er

mayresign his

office

by grvmg

notice 111

wrrting

to

the

State

Government and? 0fl the

resignation being accepted

by

the

State

Government,he ;hall cease to ho1d

his office in

the

Authcr:ty.

(3) Any vacancy

caused

by

.resignation

or

.

removal ^or

other-wise shall be filled

by

fresh appointment

or

nommatwn

by

the

State Government, as the case

may be.

' Meeti? of the

Autho- rity.

1.

Added

by

the

Manipur Town and

Country Planning (Second Ameodrnent) Act,

1976

(Manipuj- Act no. 25 of

1976).2.

Deleted

by the

i,:.:dpur Town and

Country

Planning (Second Amc,wment) Act, 1976

(Manipur Act no. 25 of

1976).3. Added

hy

the

Manipur Town and

Country

P;anning (Second Amt.'nd111ent)Act, 1976

(Manipur Act no. 25 of

1976).

18.

(I)

The

functions and powers of

the

Authority shall be to '

p_romote

and secure

develo£ment

of the area

according

to the

Master Plan orthe

Development Scheme and to

carry out·

building, c:ngineeriQ&.._ mining·and-other

ogerati?ns,

to

execute

works

i? connection_ with

rnJyof water and

electric11y?disposal

of

sewa?

looking

after

dramage systemana

other services and

generally

to do

'!ID'? necessary

or

e?pedientfor purposes of such

development and

for purposes 1rtc1denta] thereto.

I

.

[(IA)

The

Authority

shall have the power

to

execute

public Housing .projects

and to

dispose

of

the

houses so

constructed on

terms and

conditions

approved

by

the

State

Government.]

.

f2) ^Onthe constitution of

the

Planning an

evelopment Autho- rity

2

[

•****

Jail

State

Khas-lands within the aster

Ian area shall be deemed to

have"vested m the

Authonry?

' ?iac:ct

thatlar.dsalready_Aansferredto

the

local

body

shallremain status

quo till the

Government rescinds the

transfer. / ?,: [

"Provided

further-that

if

in the

opinion

of

the

State

Govern-ment, any State

Khas ,,fonds can be more

appropriately

used

by

theState

Government

itAnay exempt

such

Khas

lands from

the

provisionof

this

sub-sectioy>"."J _

??h Authority

shall meet at

leas once }n a

month at such

time and

place

and

shall,

subject to

the

provisions

of

this Section, observe such

procedure

in

regard to the

transaction of

businessat

its

meetings. as

may be

prescribed

by

bye-Jaws framed under section 91 of

this Act.

(2) ^The

Chairman, or in his

absence,

the

Vice-Chairman shall

presideover

any

meeting

of the

Authority

and

in the

absence of

beth the Chairman and

the

Vice

Chairman the

members present

shall

choose one from

amongst

themselves to

preside over

such a

meeting.

(3) ^Thequorum for a

meeting

of the

Authority

shall t e

five,

and if at

any

meeting

there

is no

quorum the

Chairman or tbe person presidrng 0v,:r

the

meeting

shall

adJourn the

meeting

or

suspend

until there is quorum. (-t) ^,;ti

:'.i'•.-.;tioos in the

..:Jee:fog,

cf

the

Authority

shall

be deci<'.,,? by a

znajority

of votes

of

the members present and

voting

and

inthe case of an

equality

of

votes,

the person

presiding

shall hav e asecond or

casting vote.

20.

(1)

The

Authority may

associate

with

itself,

in such mannerand

fo? suc_hpurposes

a?

may

be

prescribed, any person whose assi?tance >r.

advice rt

may require m

performing any

of its

functions under bis Act. Tempority

Associafon

of persoas

with

fheAu- thority -,r particulir ----------------------------- purpose;

Stall Jf

the Authority.

10

(2,

Any person associated^{with it}

by

the

Authority

under

sub- seetion

(I)

for any purpose shall have

right

to

take

part

in the discussions in the

meeting

of the

Authority

relevant to that

purpose but shall not

have a

right

to vote.

(2) ^The

officers^and

employees ^ofthe

Authority

Sha11^be

entitled to receive such salaries and

allowances,

if any,

as

may be

fixed

by

the Authority ^andshall^be

zoverned

by ^suchterms^and

conditions^of service as

may be

determined

by

rules and

regulations

made in this behalf.

--------

10

Publication of the Mas- ter

Plan. Preparation of the Master Plan.

Contents of Master Plan and

Zoning Re-Regula- tions.

CHAPTER ^IV

MASTER PLAN

22. A

Master Plan

(hereinafter

referred to as "Plan" in this Act)

for the

Development

of any

area within

Manipur

which the State

Government may consider necessary, shall be

drawn up by

the Chief

Town

Planner in consultation with the local

authoritv or authorities concerned and

submitted to the

State

Government for approval.

2:.

(I)

On

receiving

the Plan from the

Chief Town

Planner,

the State

Government shall have

it,

as

soon

as

may be,

published

in the

Official G.12ette and

in not less

than one

registered

local news- pape'ravailabiein the

lo-::ality

to be affected

by

such Plan in

the manner prescribed ^{for wide}

publicity inviting opinion

and

objections,

if any, to be submitted

within a

period

of not more than two

months.

(2)

After

considering ^all

objections, suggestions

and repre- sentations that may have been

received -"iand

after

getting

the

advice of

the

Board,

the

State Government may approve the Plan

and adopt ^it.

(3) ^ThePlanso

adopted

shall^be

published by

the

State Government

by

notification in the Official

Gazette. 274.^{The Plantobe}

prepared

under section ^22,mayinclude;-

1 I (a)

a

general

landuse

plan

for

residential. comrr

ercial,

in- V dustrial,

recreational

and

public

and

semi-public purposes

;

(b) zoning plan;

(c) transportation

plan including

roads,

railways,

canals

etc.; (d)

public

utilities

plan;

(e) ^a

report giving

relavent^dataand

informationⁱⁿ

respect of the

proposals

in the

Plan,

Zoning

Regulation

and

any other matter which the State Government may deem necessary,

25. After the

adoption

of the

Plan

by

notification in the offi-

Implementa- cial

Gazette,

the State

Government

shEJI

sent it to the

authority ^tionofthe for

implementation

thereof.

Plan.

I

J 26

(1)

After the

Plan has been

adopted

by

the State Govern- ?strictions f\..- ment in the

foregoing manner,

no

person shall

?

any land,

sub- 'fll'on use

of. divide any land or set up

any

n?w

structure

on. any

J?n?, covered

l?i:^{and bull} by ^thePlanor

change ^thee

osting

structure^ofany building ^{or usegs.} of any building

er land within

the area

except

on the

permission ,1 of

the

Authcrity. _ .

·

(2) ^{Each such}

application

shall ^be

accompanied^{by the} layout plan

drawn^toscale

showing ^theactual

dimension^ofthe parcel ^{ofthelandand the}

building ^tobebuild upon^{it, thes.te}

Prohibition

01

allotment- or land ^&

reg- istration n certain cases. l'ower of the S1111c Govt.

10

modify the

plan.

12

and

the

position

of the

building

to be erected

and in case of altera- tion in the use

or structure of the

building

or

land,

the nature and extent of

such alteration.

(3) ^The

Authority may^{alsocall forsuch}

other information^as if may deem necessary

to examine the

application.

(4) ^The

Authority

shall^notrefuse^the

permission except

0.::1^the ground ^ofcontravention ^ofpro osals

contained ^{inthePlanorthe}

Zoning Regulation, ^andunless^te

permission ^hasbeen

refused within^a

period of one month from the

receipt ^ofthe

application

or such other infor- mation as

may be called

for

by ^the

Authority

under sub-section

(3),

it shall ^be

presumed ^thatthe

permission ^hasbeen

given.

27.

(1)

Where any deed or document

required

to be

registered

under the Indian

Registration

Act.I ⁹⁰⁸proposes ^to

sub-divide any land

covered by ^the

Plan, ^no

registering

officer shall

register any^suchdocument

unless the

party presenting

the deed or document for

registration

produces

a no-objection

certificate ^fromthe

Authority ^totheeffect^thattheAutho- rity ^has

no-objection ^tothe

registration ^ofsuchdeedordocument. vfi) In Plan area,

no land should be

allotted without no-ob- jection

certificate^{from theTown}

Planning Department, Manipur.

28. The State

Government

shall review^thePlanonce for every

ten years, and^maymodify ^{itat any}time, ⁱⁿ

the

prescribed

manner.

CHAPTER V

DEVELOPMENT SCHEME

Preparation

of the

Deve- lo;::mcnt Scheme. Publication of

the Deve Ionment Scheme.

(.

:s???tir?i-?dby

.tiii)1anipi1r 'town

&..<'.2

1.QJ6 (Manipur

A'cf'No; 25 of

l976j. ·· ?

·:- .... __ ·

-

-?-:--

-?

·" -'- ,·:· __

·

'..:.;_··:·?·frud

29.

(I)

On or after the commencement

of

this Act. the

Autho- rity may, by

notification in

the

official

Gazette, declare any

area

to be a

Scheme area and

shall

thereafter prepare

a

Scheme. Where no Authority

bas

been

constituted,

the

State

Government may, by

noti- fication in the

official

Gazette, declare any

area

to be a

Scheme area and

the Chief

Town Planner shall

thereafter prepare

a

Scheme.

(2)

Notwithstanding anything

contained

in

sub-section

(I)

the

StateGovernment may. after

making

such

enquiry as it

may deem

necessary by

nctification in the

Official Gazette. direct any

local

authority

to prepare, and

submit a

Scheme .under this section

for an

area

specifiedin such

notification for sanction

before an

appointed date.

(3)

'While

preparing

the

scheme,

the

Authority or, the

Chief Town Planner or the local

authority, as the case

may be,

shall

issue·a notice

inviting the names of all

the

claimants of anv

interest on anv land or buildim, within the area under the

scheme to· be

submitted witl::in a

period

of not more than one

month.

(4) ^Saveas

provided

in this

Act,

the

Authority,

the

Chief Town Planner or the

local

authority

shall not

undertake or

carry

out

any development

of

land in any

area

which is not

within the area

underthe

scheme.

(5)

After the commencement

of

this

Act, no

developmeht of land .shall be

undertaken or

carried out in

the area under

the

scheme by .any

person

or

body

'of- persons

except

in

the mauner..

prescribedunder section I

(26 ).

.

;;, ?

." ....^{, ..}

.

·

30.

(l)

The

Authority,

the Chief

Town

Planner or.

the:

local authority, a; the case

may be

shall have

the

Scheme and the

reportif

_any, published

in not less than 'one

registered 'Iocal

newspaperavailable in the

locality to be

affected

by

the

Scheme and

ha,;e a' copy

of them served on all persons who

preferred claims under sub-section

(3)

of

section

29,

inviting objections to be

filed withina

period

of not

more

than

·

two .months.

(2)

After ^the

expiry

of the

aforesaid

period,

the'

Authority,

the Chief Town

Planner or

the·

local

authority, as the' case

may

be,shall examine the

Scheme in

the'

light

of such

objection and

·shalhtdoptthe Scheme or refuse to

adopt

-it or

adopt

it,

with such

modificationas

may be necessary after

giving

sufficient

opportunity

for:.

hearing,to

all

such

interested person.

·

,

.. ,

.

?

" (3)

After,

the

Authority,

the

Chief.

Town:

Plarmernor, •

theIocal authority; ?s.

the, case

may be,

'bas

-adopted

the'

Scheme,.. it

.shall

be forwarded to the

State.

Qov:?i;:nrtept for,)ts, apprpval.,

.and

..

'

thereafter the Scheme

sha,H.c,qme

into

f9,i;c?Jrom

the. _d,?t?,Oll.,)rhicb __

it

i_s'.a'pprovedby

the

..

State

Government

.. ^{·- ··}

; ·:o-·,;..

,., ;, ;,

·,·, -,,

I

mplcmcnta- tion of the Development Scheme.

Scope ^ofthe Developmeat Scheme.

1-4

31.

(1)

The Scheme

approved

by

the State Goverrtment under

sub-section

(3) ^ofsection ³⁰shall ^be

implemented

by thi

Authority as

soon

as

possible. /c2) No

person shall

within any ^areawhere^aScheme ^{has come} into

force erect ^.:>rrc,ceed

with^anYuildin1:^orwo ·

or remove or alter or ma

·e a aiiions or make an substantial ^{reairto a} building ^{or a part}

thereo^,a

compoun^{wallor any}ramage work,

or remove

any earth or change

the use of any land or buildin g except ^onpermission ^{of the}

Authority.

32.

(I) ^AScheme made ⁱⁿaccordance

with the

provisions of the

Act may be in

respect

of any land which is-

(a) ^inthe

course^of

development, (b)

likely ^tobeusedfor

building purposes, ^or (c)

already

built upon. Explanation:- ^The

expression

"Land

likely ^tobeused for

building purposes"

shall include^anyland

likely ^{tobeusedas, or} for the

purpose of

providing.

open spaces, roads, streets, parks, pleasure ^or recreational

grounds. parking

spaces, ^{orfor the}

purpose ^of

executing^any work upon of under ^theland incidental ^{to a}scheme whether in the

nature of^a building-work ^ornot.

(2) ^TheScheme^maymake

provisions ^foranyof the

following matters:-

(a) ^the

laying-out ^orre-laying-

land,

either

vacant^or

already built upon;

(b) ^the

filling^upoforreclamation ^of

low-lying swamp ·or un-

healthy ^orunhealthy

areas^orleveling^upof

land;^. ·

·

·.

,

(c) ^the

laying ^outcfnewstreets ^orroads, construction,

diversion. alteration, improvement ^and

stopping ^ofstreets, roads and

communications ;

· ··

(d) ^theconstruction,

alteration ^and removal ^of

buildings; Explanation:-The

buildings

constructed ^{by the}

Authority ^can be

let ^outandthe

expenses

for ^themaintenance of ^the

buildings

shall ^be borne

by

the Authority.

(e) ^theallotment ^orresen·ation ^of land ^for

roads, open spaces, gardens, ^.recreation grounds,

schools, markets industrial and commercial

activities, green

belts; and dairies, transport facilities and

public

purposes of all

kinds;

([)

drainage inclusive^ofsewerage, surface ^orsub-soil

drainage and sewage disposal;

(g) lighting; (h)

water

supply;

(i) ^the

preservatron^of

objects ^ofhistorical

importance or natural beauty ^andof

buildings actually ^{used for}

religious

puri,oses;

(j) ^the

imposition ^ofconditivns arid

restrictions ⁱⁿ

jegard ^to the open space ^to_be m?.int_:ained about buildings, the

percentage ofbuildiog ^areafora

plot, ^the

number, height, and. character -

of-buildings

allowed

in. specified

areas, the. purposd

to which buildings ^or

specified

areas^{mayormay notbe}

appro?riate; the

13

(d) (e) sub-division of

plots,

the

discontinuance of

objectional uses of land in any

area in

reasonable

periods,

parking space and

Joa.ding and

unloading space for any

building and

the sizes of

prujec-tions and

advertisement

signs;

(k) ^such

other matters not

inconsistent with the

objects

of

this Act.

(3)

(a) (b) The

Scheme shall contain

the

following parucuta-s :- the area,

ownership

and tenure

of each

original plot ; the

land

allotted or

reserved

under

clause

(e)

of

sub-section

(2) with a

zeneral

indication of the uses

to

which such

land is to

be

put and

the terms

and

conditions

subject to

which suchland is !0

be

put

to

such cases;

(c) ^theextent

to

which it is

proposed to

alter the

boundaries of original plots; an

estimate of the net cost

of

the

schemes; a full

descripti

details of the

scheme under

such

clause of

sub-section

(2)

as

may be

applicable;

(f) ^the

laying out or

relaying OUl of

land either vacant or

already built upon; (g,) ^the

filling up

or

reclamatioj, of

low-layingswamp

or

unhealthy areas or

levelling up of

land; and

(h) any other

prescribed particulars.

(4) ^Intbe

Scberne, the size and

shape

of

every

reconstituted

plot shall be

determined, so-far as

may be to

render it suitable

for

building purposes and

where

the

plot

is

already built upon,

to ensure

that thebuiidiog, as far as

possible, complies with the

provi?ions of the

scheme as

regards open spaces. ·

(5) In order to

render

original plots more

suitable for

buildini purposes the

Scheme· may further contain

proposals:

(a) ^to

form a

reconstituted

plct by the

alteration of

the boundaries of an

original plot;

(b) ^to

provide with the

consent of

the

owners,

for

holding in common

ownership

as

reconstituted

plot with or

without alteration of

boundaries,

in

place of two or

more

originalplots each of

which is

held in one

ownership

in

severally or in

joint

ownership, ·

33.

(I) It, after the

Scheme has come

into

force,

the

Authority considers that the

scheme is

defective on

account

of an error orirregularity or

for any other reason, it shall refer to

the

State

Govern- ment

to

modify or

withdraw the

Scheme and

give reasons

therefore.(2) The

I

[State

·

Government J may withhold the

modification, 'orwithdrawal referred to

him or in

approvingit

•.

.

2[...:.. -": =:

.

;, ·.... ^-

-:

;._

1

Amendment &

alterations of

the

Deve- Iopment Scheme, 1?

Substituted by -the

Manipur To?n &

Country Planning (SecondAmendment)Act, 1976

(Manipur Act

No. 25 of

1976), 2;

.

Del?ted·. by· the

Manipur>T?wi &

Cotinfry _

PJanning/i(SecondAmendment) Act, 1976

(M?D,lpur Act

No. 25 of

J976}.: ··

Pover of Aurhority ^to impose

-res- lriciians)•

16

:.if Provided ^{tbatincasethe}State Government

approves ^the modification, ^itshall cause^themodification^tobe

published ^inthe Official

Gazette

by

th,e Chief ^Town

Planner, ^inthe

prescribed

manner ^; Provided

further ^{thatincasethe}State Government

approves^of the

withdrawal,

it shall cause^thefact^tobe notified

in ^theOfficial Gazette

by

the Chief ^Town

Planner.]

(3)

Within^onemonth ^{ofthedate of}

publication ^{of the}modi- fication, any person

affected

thereby^maycommunicate ⁱⁿ

writing ^his objection ^totheChief ^TownPlanner.

(4) ^On

receiving ^the

objection

under sub-section ^{(3), the}Chief Town Planner may, afrer

making

such

enquiry ^ashemaythink fit, approve ^the

proposed

modification with^orwithout^anyfurther modi- fication tbereof.

(5) ^TheChief ^TownPlanner shall thereafter

submit ^themodified scheme to the State Government

for

approval

and

the modified

Scheme shall ^be

published

after ^such

approval ^{innotlessthanone}registered local newspaper available in the

locality ^tobeaffected

by ^themodified scheme.

(6) ^Suchmodification

approved ^and

published

under sub-section

(5)

shall ^bedeemed^totakeeffect ^{fromthe date whenthe}

original Scheme ^wasenforced. Power of 34.

(I) Notwithstanding

anything

contained

in Section

33^a Scheme revoke ^the

may at any

. time be modified^orrevoked

by^,a

subsequent

Scheme Development

m?_de,_publisfy.ed and app_roved.

in accordance

.with

this ^Act. Scheme.

(2) ^TheState' Government,^{may, atitsown}initiative^{o: onthe} application ^of

.

the

Authority, ^at

any time,

by

notification

ip

the Offiical Gazette,

revoke^a

Scheme,

if

it,

is satisfied

that

under^the specia,l. circumst?nces^{.of_thecase.the}scheme

,should ^{be so_}revoked^:

Provided ^thatwhere revocation^ormodification under

section 4(28 ^],-VL this, section is

ordered ^{.by the}State Government after^a Scheme j:la?-,?·ee11: _p?rtially ^or

wholly .implernented, compensation shall ^be

_pajd ^for

}h:e· necessary alteration ⁱⁿ

accordance ^{with law} for

tl;le, time, li.einiⁱⁿforce'.

. ^.

35. For the purposes of the Master

Plan,

the

Zoning

Regulation of ^the

Scheme, ^the

Authority may irnoose

r_easouable

restrict:onsⁿ the. ^use.oJ the

laud ^and.. building

including ^t

reguhtin ^ofthe op _r _ • • _ ? _; _

·: ^,

.

,

aroun ,e , Ul

mg

Of .huildiOfS,

the percentage. ^of

,th.e._plqt,.area ^tobecovered ^bybuildings, tli.e

number of

bu11dint?

ori '

each

plot, height

.

and

s?a.racter. ^of

building ^or buildings a!lowetiⁱⁿ

specified _

areas, the

purpose

for which

building ^or ·

buildings ^ofthe

specified

areas

mayor^{·may not}beused.itbe

sub-division of

plots, parkingspace ^and1-0a

ding

and-unloading

space ^for

<-'DYbuilding and ^the'Size^of

projections ^andsuch .. other matters ^notinconsistent ·

with

the

provisions ·

of th's Act. · ·

--"-------·· ^{.. , .}""'.·.? ^.--:·-

.

·.

?

3. Added

'by>

tn('

'Manipur ^l

OV..'Il' &

Ccuntry Planoint-tSeconcf Am?d.ll'l,en:t-)Act, ¹⁹⁷⁶

(Ma_nipur ^{Act Nm.25of}

1916).

·

-

/," ^•.. 4, Sui-5titti'ted

by

the? ManipurTo,,;,ii _

&

Corintry ·Planhfog ·(Se?oncf^· Ar:,::ndroent

1:,i\c"ri 1-9-76 (-?laniprir 'Act

Nf ^25of19"-76 )' ^·

··•

CHAPTER VI

ROADS AND

SUB-DIVISIONS Width of

Public rcacs, Power to

prescribe road Jines. Sitting back buildings to the

prescrib- ed road

line. Acquisition of

land with- in the

line of road. Acquisition of the

remai- ning part^of building ^and land.

36.

(1)

The

Authority

shall,

from time to

time,

with the sanction

of ·the

State

Government, specify

the

minimum width for

different classes 'f

public

roads

according

to the nature of the

traffic

likely

to ..,e earned

there,

the localities i11

which

they

are

situated,

the heizhts up ^towhich

buildings

abutting

thereon may be erected and other similar

considerations. ('2) ^Thewidth^ofa

? public ^roadshall not be

less than that prescribed ⁱⁿ

sub-section^(!)orthatshown on^the

plan ^forthe class ro which

it

belon? areas for

which a

plan

has been

prepared.

37.

(L)

The

Authority may, by bye-laws

made

in this

behalf, prescribe ^aroadlineon

one^sideor^bothsides^ofany public

road:

Provided that

prior

notice

of the

proposal

for

prescribing -such a road line

shall

be issued

dv

the

Authority in

such manner as

may

be

prescribed. · ·

:2) ^Noperson

shall construct or re-construct

any building

or

any portion ^ofa

building lying ^{onthe land}within

road-line.

38,

(1) ^If

any building

or

any part ^ofa

building abutting on a

public

road is

within

the

road-line,

the A

uthcrity may require such

building

to be set hack to the

prescibed

line,

whenever it is

proposed-

(a) ^torebuild ^such

building ^{ortotakedown such}

building;

or

(b) ^to

remove, reconstruct^ormakeany addition^toor structural alteration in any portion

of,

such

building

as is within

the regular ^lineofthe

road.

(2) ^Whenany building ^or

any part

thereof within^theroad-line falls down or is

burnt down or is taken

down

under the

provisions of this ^Actor

otherwise,

the road-line

formerly

occupied by

the said

building and,

if necessary, clear the same.

(3) ^Theland

taken

possesion ^ofunder sub-sectio? shall henceforward be

deemed to be a

part

rf

the

public ro?

39. If any land

lies

within

the

prescribed

line or

a

public

road and

is not

occupied by

a

building,

is within the line of such

road the

Authority may, after

giving

the owner of

the

land a notice of

"the intention to do so, take

possession

of the said land which

is within the

prescribed

line of the road.

40. If a

building

or land is

partly

within the

road-line,

and

if the

Authority

is

satisfied that the

building

or land

remaining

after ·the exclusion

of the

portion

within

the said

line will not be

suitable -or fit for human

habitation er for construction of an

indipendent building, ^the

Authority

shall

acquire ^the

remaining

portion ^{of the} land, ^ifso desired

by ^theowner,^andsuchan

acquisition

shall be done in

accordance

with the

provisions

under

Chapter

VII

of .this Act.

18

** 2[ 46.

41.

(1) Every person who

intends to

sub-divide any plot

of

land within the

Plan area shall

give

notice

in

writing

to the

Authority of

his

intention to do so,

and

any

such

notice shall be

accompaniedby

the

layout plans

and statements in

triplicate.

(2) ^All

layout plan

for

sub-divisions of

land

shall,

subject

to the

provisions

of section

40,

be

in

accordance "ith the standards pre-scribed

by

the State

Government.

42. A

layout plan accompanying

a

notice

under section 41

shall be drawn to a

suitable scale and shall contain the

following particulars, namely:

(a) ^the

location^ofthe

land;

(b) ^the

bonndaries of the

proposed

land shown on the

layout plan ^and

sufficient

description

to difine it:

(c)

name and

address of the owner of the

land; (d)

location, name and

widths of the

adjacent

roads and

lanes;

(e) ^the

major physical

characteristics of

the land

proposed to be

sub-divided,

including topography,

the

approximate

location and

width of and water course

and

location of anv area subject to innundarion of

flood;

·

(f) ^the

complete layout

of the

proposed sub-division

shewing

the location and

widths all of the

proposed

roads

dimensions and uses of all

the

plots;

(g) ^the

locations of all

drains, sewers and

ether

utilities; (h)

building

lines

permissible; (i)

scale^andnorth

line: and

U)

key plan.

43.

(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) ^Noperscn shall be allowed to

construct a

building

on

any plot

of

land,

the

sub-division of

"hich has nor been

previously approved by

the

Authority. _,

? If the

Authority

determine at

any stage that the

layout or the cons- trooibn 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 provi-sion 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 totwo

hundred and

fifty rupees for every

subsequent offence after the

first conviction. 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 ^ANDACQUISITION ^OFLAND

47. The

State Government^{may,for the}

purposes of

enabling ^the

Transfer ^of Authority ^to

execute^theScheme, ^{transfPrtathe} Authority ^anvGovernment G ^Id

·

hi

d · ^··

-h

d

b

I

·

.

land to^the ovemment ^anwit

I!'...^{or a}

joimng ^teareacovere ^y t ie scnerrre:

\Authority. Explanation- ^Inthis

section,

"Government^land

•· means

any land 1.-----

?el?ing^totheState Government. ?

rVhenever^the

acquisition ^ofanyland,

whether within or without

Power^ofthe an

:frea ^is

required ^toenable ^anAuthority ^tcexecute ^a

Scheme, state Gover- nment ^toao- the State Government^{may at}the request of ^the

Authority ^andin

quire

land. :0nsultation ^{with the}

Board, acquire ^{theland and}transfer ^{it tothe} Authority, ^ifsodesired

by ^theAuthority. Pavrnents to O\\'IICrby

ad- justment. Disposal of land. b

Negotiation before acq^ui• sition.

49.

Subject ^rothe

provi,ions

of section 4.8, ^the

provisions

of ^theProcedure and

Acquisition

Act, 1894

relating ^to

acquisition ^c:'

land ^and

payment for

acquisii of

compensation

shall ^be

applicable ^to

acquisition ^ofland

under 00 of

land, this

A?c?t?,..-::-:-?------------------------?(?1::_0·f IS'J4 ?--··subject to^the·ovisions ^{ofthis Actandthe}ru.es^madethereunder, and ^wite

prior .c.oncurrence ^o

•. ^t.. e. ^tare

Covernment, ^anAuthority 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^ofalandtransferred ^{tothe A}uthor^itvunder Section

-48, ^the

person ^from

whose

ownership ^teelandwasacquired by ^theState Government under ^thatsection 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 ^itfor the execution ^ofa Scheme. (2' ^No

request ^oftheAuthority ^to

acquire^anyland shall ^be

entertained

by ^the

State Government under sectic^{n4S if the} State

Government ^isnotsatisfied ^thattheAuthcrity ^made

reaso?ie

effons to rchase the land

('y negotiati-:in

under

,ub-;ec:i,:;?)-

1.

I

Payments

due^tobe made^{to any}

person by

the

Authority

.

this Actⁱⁿ

respect

of^a

plot

shall, ^sofaras

possible,

be made'

by

an

adjustment ⁱⁿ

respect

of ^the

plot

concerned^orofany other

plot

in which

he

has^aninterest and

failing

such

adjustment, shall ^be

paid ^incashorⁱⁿsuch other^{way as may be}

agreed upon by ^the

parties.

19

CHAPTER ^vin

COMPENSATION ^A:KDBETIERMENT

Explanation-For ^the

purpose, ^of this section, ^aland ^or building

shall ^notbedeemed ^tohave 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 ^tocompensation under

section ^53onaccount of^any buiiding

erected ^on,or. contract made or other thing

done, with

respect ^toany land

within ^{the area} included ^ina

Sc?e

after^the date of

publication

of

the Scheme under

sub-secti.J?^ofsection ^30:

/?ovided^{that :this}sub-section

shall ^notapply ^{to any} building

erected,

contract^madeorother thing ^doneinaccordance with ^the

permission

granted

under

section 26 ^orsection ³¹of this Act.

(2) ^Nocompensation

shall be

payable

in

respect

of^anyproperty which may^beinjuriously

affected by putting ^intoopertaion of any

provision ^{of the}Scheme which-

(a) prescribes ^the

space about buildings; ^or (b)

limits ^thenumber of buildings; ^or (CJ regulates ^thesize, height, design ^orexternal appearance of

buildings; ^or

(d) prohibits ^orrestricts building-operations permanently ^or temporarily ^onthe

ground ^that erection ^ofbuildings

thereon will ^belikely ^tobe

injurious ^to the health

of

occupants ^or the neighbours ^orlikely ^to cause excessive expenditure of

public

moneyⁱⁿmaking provision for road,

sewers,

water supply ^orother public

services; or

(e) prohibits ^orrestricts the ^useof land ^orbuildings for a

purpose which may involve danger ^or iDjury ^to

public

hygiene ^or the

health ^{of the}occupants ^or their neighbcun ^orfora

purpose which ^is

against ^thepublic

policy and morals; ^or

(f) ^intheinterest of safety, regulates ^theheight and

position of

proposed

walls and building, fences ^orhedges, ^nearthe corners ^orbends

of roads; ^or

(g) ^{inthe caseof the} erection ^ofanybuilding intended ^tobe

used ^for

purposes ^ofbusiness or industry, requires

the

provision of

parking

vehicles.

20

Right ^ofow- 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 ^theuse

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 ^awritten 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^sixmonths

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^bedeemed to have

been withdrawn and all

notice and order, ⁱⁿthat connection shall

lapse.

56.

(I)

Where,

in the

opinion

of an

Authority,

as

a

consequence

Levy

of of 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 ^toan

individual, ^{if the}State

Government find

him deserving ^for

exemption,

(2) ^TI.ebetterment

charge

leviable under

.this

section

shal!

be=-

(a) twenty-five percent^ofthe

increase in value in

respect

of

resi- dential land. (b)

fifty percent ^ofthe

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^ofassessment

subject ^tothe

provisions ^ofsection ⁵⁷ shall ^befinal ^andshall^notbe

questioned

in any

court^of

law. Appeal. ^57.

(I)

Any person aggrieved by ^the

decision of^the

Authority with respect

to matters^of

compensation ^andbetterment

charge, way appeal ^tothe

Appellate Authority ^tobe

appointed

under sub-sectioru ^{l )} of section

58 within

thirty

days

of the ^da:eonwhich^thedecision of^the authority fixing ^theamount^iscommunicated^tothepersou. Explanatwn-ln

computing ^the

period ^ofonemonth under^tbssub- section. ^thetime

required

for

taking ^outco

r ies of^theorder

appealed against

shall ^beexcluded. lf the owner of ar.y property objects ^tothe 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 ^ofthedateonwhich ^thedecision ^ofthe

Authority fixing the amount is communicated^rohim, request

the^Authc

r:ty ^to

purchase the

property, ^or

request^theState Goverrment^to

acquire

it,

together

with any building ^Qrother works

that

may exist tl-ereon. (31 ^The

Authority

shall

thereupon purchase ^theprrperty ^or

request the State Government^to

acquire

it.

CHAPTER IX

Appeals ^andthe

Appellate Authority.

58.

(])

Save as otherwise

provided,

the State Government shall appoint ^an

Appellate

Authority ^{tohear all}

appeals

arising ^outofthe provisions ^{ofthis Act, andthe}

appointment

shall ^beonsuchterms and conditions as the State Covernrnent may decide.

(2) ^Theperson ^or

persons appointed ^{by the}State Government as

Appellate

Authority

shall

have the

qualifications prescribed

by article ^233ofthe

Constitution^of

India.

59.

(I)

The duties ^and

power ^ofthe

Appellate

Authority

shall be-

(aJ ^{tohear and}

decide

appeals

against ^theorder^ofthe

Authority^;

(b) ^todecide^andhear

appeals ⁱⁿ

respect ^ofsuch

other matters and exercise

such

other powers

as

may^beentrusted to, any conferred upon^it

by ^theState Government ⁱⁿaccordance^with the

provisions

of this Act ;

(2) ^The

Appellate

Authority

shall^notentertain

appeals preferred after

thirty days

from the date^ofthe 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, ^callforany record of any proceeding

of the

State Government or the

Authority ^andcall 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^{have111 the}powers^ofacivil court for the purpose of

taking

evidence on oath and of

enforcing

the attendance of witness

including

the

parties

interested

and

compelling

the production ^ofdocuments ^and

other

things ^ifconsidered necessary.

(4) ^The

Appellate Authority ^{in its}direction may^makeany order regarding ^thecosttobe

paid

by any^{of the}

parties ^tothe

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^bebound^toexecute^theorders ^ofthe Appellate Authority ⁱⁿaccordance^withthe

direction, ^ifany, containedⁱⁿ the

order,

and such costs or amounts awarded

by

the

Appellate

A

utbo- rity

shall^berealised 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.

23

CHAPTER ^X

finance,

Accounts ^and Audit.

1. Added by

the Manipur Town and

Country Planning (Second

Amendment) ^{Act, 1976·}(Manipur Act ^No.25 of

1976).

----------------

----------------

62. The

receipts

of Authority

under this ^Actshall ^{form a}

separaH ^.. devel0pment ^{fund andall}

expenditure under ^thisAct, ^or.anydevelop· ment scheme thereunder, shall ^bedefraved ^outof such fund.

N0

portion ^{of thefund}shall, except with ^thesanction ^of

State Government, be expended

for

purpose, ^notprovided for

by

this ^Act.

63. Subject ^tothe

prior apprcval of ^theState Government, the

Authority

shall ^{have the}

power of borrowing

money, and ^itshalt be deemed ¹⁰be local authoritv ^asdefined ^inthe local Authorities

Loans An, 1914

for the purpose

of b,Hroiwng

money under ^that Act, ^andthemaking, and execution

of ^aPlan and Scheme shall be deemed ^tobe ^awork which such local authority ^is

legall) authorised to carry

out. l

[ ··provided

that

the

state Government ^mayguarantee the

repayment ^ofthe

principal and ^the

payment

of ^the

interest thereof ⁱⁿ respect ^of

Joans borrowed by ^theAuthority ^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 ^tothe 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 ^formaod

at such

time ^asmay be prescriber!, ^abudget

in

respect of the. financial year ^nectensuing, showing ^theestimated receipts and expendi-

ture of Authority

and shall forward ^tothe State GoYernment

and the Board

such number of copies

thereof ^asmaybeprescribed.

66.

(:)

Every Authority shall maintain proper accounts and

other relevant records.

(2) ^Theacc,1unts of ^t'ieAuthority

shall be subject ^toannual audit

by ^theAcc0untant General ^ofManipur ^andany expenditure

incurred ^{by him in}connection with such

audit shall be

payable

by the Authority ^tc,the^. Accountant General, Manipur.

(3) ^TheAccountant General ^ofMar.ipur ^oranyperson appointed

by ^{him in}connection

with audit of

accounts ·

of

the Authority, shall have the ^sameright, privilege and authority ⁱⁿco.nnecticn with ^such

audit ^asthe Accountant General ^hasinconnection with the Government accounts and

in·

particular, sha11

haye. the '

ri"oht

.

to demand^,.the production ^ofbooks,

accounts, connected ·vouchersand

other

d9cu- ments and

_papers.^{.', .? ••}

,

:

- ·

··"

(4) ^TheAccountant ·Genera! ofManipur ·sh?lllfonvar_d thean'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 ^inde· fault of owner.

68. If^anotice

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 ^atimespecified ⁱⁿ the notice

and

if such person

fails ^to comply ^withsuchnotice then the Authority

may, without prejudice to the provisions

of section

67,

cause^suchwork to be executed ^or such thing ^{to oe}provided ^or done and^may

recover al\

expenses incurred ^{by itonsuch} account from the said

person ^asan arrear

of land

revenue.

69.

Whc:n default

is made by ^the

owner of ^abuilding ^orland in ^theexecution

of^any work required

under this Act ^tobe executed by ^himtheoccupier of such building ^or land ^may,with

the

prior approval ^{of the}Auth0rity, cause such

works to be executed, and

the

expenses thereof shall, ^intheabsence of any contract to the

contrary, ^be

paid ^to him by ^the

owner, or the amount

may be

deducted ^{outcf the rent} from time ^totime becoming ^duefrom him ^tosuch

owner.

70.

(1)

If after receiving information ^{of the}intention of

owner of any building ^or land ^{totake any} action ⁱⁿrespect thereof ⁱⁿ

compliance ^{with a}notice issued

under ^thisAct, the occupier

refuses

.

to· 'allow such_owner ^to take action, ^the

owner may apply ^tothe District ·Magistrate ^orthe Sub-Divisional

Magistrate, ^as the ^case

may be.

(2) ^TheDistrict Magistrate ^orthe Sub-Divisional

Magistrate upon proof

of such refusal, may make ^an

order ⁱⁿwriting requiring

67. (1) ^{When aPlan} or ^aScheme has been approved

under this ^Actanyperson who commits ^orknowingly permits ^abreach

of

any specified

provisions of ^{thePlan orthe} Scheme, ^orwho neglect

or fails

to comply with, ^anysuchprovisions shall ^bepunishable under ^thisSection.

(2) ^{In caseofany} such breach ^ordefault, the Authority

shall send ^toanysuch

person a notice calling ^on him ^todiscontinue the breacb ^orcause it ^tobediscontinued ^or to comply

with such provision ^{of the Plan} or the Scheme

within ^{atime tobe}specified in ^thenotice.

(3) ^{If the}

person, after the lapse

of the time specified^inthe notice under sub-section

(2),

continues ^to neglect ^ortocause ^a breach ^ofanyspecified provisions of ^{thePlan orof}

the Scbemt!, such

persons

shall ^be prosecuted^{and, on}conviction by ^aMagistrate,

be punishable

notwithstanding anything contained in section

45.,

(i) ^{with fine}which may extend ^to Rs. 500/-

(ii) ^{if the}breach. neglect or failure continues after ^suchconvic-

tion, ^{with fine} which ^mayextend ^to Rs. 30

fer

every day during

which ^the breach, neglect ^orfailure continues

after such conviction.

Penaltv for obstructing contractor or removing mark.

t)ffice:s coder the Act ^tobe Public ser- vant

(15 ^of

1860),

Authority for prosecu ^· tion.

Offences

compound- able.

Power 10 re- cover dues & fines as arre- ar of

land revenue,

26

the

occupier ^tJallow ^theowner^toexecute^allsuchworks. ^with respect ^tosuch

building ^orland, ^{as maybe}necessary^for

compliance with the

notice,

and^mayalso,

if he thinks

fit,

order

the

occupier to

pay

the^ownthe

cost

relating ^tosuch

application ^ororder.

(3) ^Ifafter ^the

expiry ^of

eight ^{davsfrom the dateof the} Magistrate's

order, ^the

occupier

continue; ^rorefuse^t.;allow^the owner to execute such

work,

the

pCcup:e,

shall

be

liable, upon conviction, ^toafinewhich^mavextend^t,'Rs.30-foreverv^dav during

which ^hehassocontinu?d^torefuse. · •

(4)

Every

owner, during ^thecontinuance^ofsuch

refusal,

shall

l:::e discharged ^fromanyliability ^onaccount^,,:·suchbreach^ordefault.

71. Whoever ^:-

(a)

obstructs ^orassaults^anyperson ^withwhcrn^the

Authority bas entered

into ^acontract ior

ir;e execution of^anvPlan er Scheme or anything

connected

i::·.erewith or incidental

there- to, ^orfor

doing anything ^\\rich he

is

empowered ^or required ^todounder^{this Act, 0,} (b)

removes ^{anymarkset upfor the}

purpose of

indicating any level^ordirection necessary ^h' the execution

of

works authorised

under^thisAct,shall ^be

p:.:nishable ^with

simple

impri- sonment for^atermwhich^mavextend^{to two}months^or with

fine

which may extend^toRs.)G[I^{- orwith}both.

72.

Every

Officer and^servantof ^{the A}

uthcrity ^andevery other

officer

employed

by ^theState Gc\ernment^{ferthepur pc ses} of ^this

Act,

shall ^bedeemed^tobea

public

servant within ^the

meaning of

section ^21oftheIndian

Penal

Code, ^tStO.

73. ¹

[

(l I No court inferior ^tothe

court of^a Judicial ^M

agis- .trate 1st Class shall

take

cognizance

of^anoffence

under this

Act.]

2[^(2)]

Unless otherwise

expressly provided, ^nocourt shall

take

cognizance

of^anyoffence

punishable

under

this

act,

except ^on the

complaint

of, ^{or upon}information

received

from

the

Authority or

some

person authorised

by

the Authority by orders in ^thisbehalf.

74.

(1) ^Theoffences

under this ^Actshall^be

compoundable.

(2) ^TheAuthority

shall ^havepowers

(a) ^tocompound ^theoffences under ^{this Act,} and

(b) ^towithdraw^anyclaim ^madeunder ^this Act.

75.

Any ^sumrecoverable

by

the Authority

under this

Act,

or any fine

imposed

under

this

Act,

if^not

paid ^on demand,

shall ^be recoverable ^{as an}arrear^oflandrevenue. Added

by ^the

Manipur ^Townand

Country Planning (Second A:nendment) ^{Act, 1976}

(Manipcr ^{ActNo. 25of}

1976).

2 Numbered

by

the

Manipur

Town and

Country

Planning (Second

Amendment) ^{Act, 1976}

(Manipur ^ActNo.25 of

1976).

27

Liability for causing loss, waste or

misapplica- :.ion of mo- ney ^or

pro- perty ^{of the} Authority. Order under the

Act not to be ques- tioned in any Court. Effect of orders in consistent with other enactments.

76.

(I)

No

suit, prosecution or

other

legal

proceeding

shalllie

against an

Authority or its

officer or

servant or

any person acting

under its or his

direction or

any -Govt. servant

employedfor the

purposes

of this Act

for

anything

which rs in

good faithdone or intended to

be

done

under this Act or rules or

bye-lawsmade

thereunder.

(2) No

suit, prosecution er

other

proceeding

shall

lie

againstthe State

Government for

anything

done or

purported

to

be

done by

it

under this

Act. C'.'1) ^Nosuitor other

le6a!

proceeding, not

being

a

criminal proceeding,

shall be

instinned

against a

n

Authority, or

any

of

its officersin

respect

of

any

act

purporting to be

done

by

such

officer in hisofficial

capacity, or

any person

2ctiog under its or bis

directi.Jn,until

the

expiration

of cne

montb next

after notice

in

writing

has been

properly

served on.

(a) ⁱⁿ

the case of a suit

against

the A

uthority,

the

Chairman ;

(b) ^inthecase

of an

officer,

the

officer

against whom thesuit or

proceeding

is

instituted ; and

in the case of anyperson

a::ting

under the

direc•ion of

the

Authority or cf any of its

officers

delivered to

him at

his

place or residence or

business :

stating

the cause of

action,

the name, description ^and

place

of

residence of the

plaintiffand

the

relief which be

claims; and the

plaint or

the petition

shall contain a

statement

that such

notice has been so

served. Explanation : ^-

"Officer" in

this section

includes the

Chairman andthe

Vice-Chairman.

77.

Every

officer or

servant cf an

Authority or of the

State Government shall

be

liable for the

loss, waste or

misapplication, of

any

money

or

property

vested

in the

Authority,

if such

loss,waste or

misapplication

is a direct ccnsequence

of

his

wilful

neglector

misconduct while such

officer or

servant was in the

service ofthe

Authority,

and a civil case for

compensation may be

instituted against him

by

the

Authority

with tbe

prior sanction of the

State Government.

78. No order

made in exercise

of any power

conferred

by orunder this Act

shall be

called in

question

in any

court

except

as provided in

jhis Act.

79.

Any

order

made under this

Act shall

have effect

notwithstan- ding anything inc0nsistent therewith contained in

any enactment other than this Act or

any instrument

having effect

by

virtue of any enactment

otber than

this Act. Bar to

suits and procee- dings.

Service ^of Notice. Method of giving public notice.

Formal de- fects in asses- sments &

demands.

Power and

duties of po- lice in res- pect of assis- tance to Au- thorities.

Decision ^of disputes ^be- ween autho- rities,

Offence

by a bodv oi individuals. Power to

-

enter into and for ins- pection ^etc.

CHAPTER ^XII

Miscellaneous Provisions.

80.

Every

notice

issued under this Act shall be

served

in^such manner as

may be

prescribed.

81.

Subject

to the

provisions

of this

Act, every public

notice required

under^thisActshall^bedeemed to^havebeen

given ^{if it} is

published

in some

registered newspaper (if any and exhibited en a notice board open

to the

public

at the

building

in

which

the meetings ^{of the}

Authority ^areordinarily ^heldorifitis

published in the official Gazette.

82. No assessment list or other

list,

notice or other such document specifying, ^or

purporting ^to

specify ^w.th

reference^to

any charge, or fee, any person

's

pro

pert), thing ^orcircumstances

shall be invalid only by

reason^ofaclerical^ortechnical

mistake ^{in the}name, residence

place ^ofbusiness or

occupation. ^oftheperson

or^inthe description ^of

property, thing ^orcircumstances^ifitissufficient^to identify ^theperson,

property, thing ^orcircumstances.

83.

Every

Police

Officer.

Chowkidar, or

every officer of ^the local

authority

shall

give

immediate

information to the

Authority

of the commission

of an^act

coming ^tohis

knowledge

which is an offence under ^thisAct or under any.^Rulemade

thereunder,

and

shall ^be bound to assist ^all

members,

officers ^andservants^ofthe

Authority in the exercise of their lawful

authority.

84. ^Ifa

dispute

arises

between the

Authority ^andany local authority ^en

any

matterⁱⁿ

which ^{they are}

jointly

interested, ^such

dispute shall] ^bereferred^tothe

State

Government, ^\\hosececision shall ^be final.

85.

rIU)

If a

body

of

individuals commit

an. offence

under^this

Act, every person, who, ^atthe

time

the

offence^wascommitted,^wasin

charge of, ^orwas

responsible to,^the

bcdy ^fortheconduct^ofthebusiness of the

body,

shall be deemed ta be

guilty ^oftheoffence^and

shall be

liable to be

proceeded

against

and

punished

accordingly:

Provided that notbinz ccntaiced in this set-section shall render any such person liable if he proves ^{that the}offence^wascommitted without ^his

knowledge

or^thatheexercised^due

diligence ^to

prevent the

commission

of such offence. Explanation:-For ^thepurpose^ofthis

section,

''b,)dy cit individuals"

means a

company, firm, association,

club or

any such

body by

whatever name it

is

called.

86. For the purpose^of

implementation ^orexecution^ofany Scheme, ^the

authority^or

persons appointed

by ^theState

Government, their subordinates ^andcontractors

may

enter^intoor

upon any land, in

order-

(a) ^tomakeanyinspection, surveys, measure, valuation^or

enquiry;

(b) ^totakelevels^;

(c) ^to

dig ^{orboreinto the}

sub-soil;

28

29

(cJ ^todig ^{orboreintothe}sub-soil;

(d) ^tosetoutboundaries ^andintended

lines of work ;

(e) ^tomark:

levels,

boundaries^and lines

by

marks

and

cutting trenches; ^or ·

(f) ^todoanyother

thing

whenever ^itisnecesvary to do so,

for any of ^the

purposes

of

this ^{Actor any} Rules made or

any Scheme

approved

thereunder ^er

any Scheme which the State Government intends^toframe thereunder^:

Provided ^that

except ^whenitisotherwise

specifically

provided by

Rules^made

under^{this Actnosuch}entry shall ^bemadebetween sunset and sunrise:

Provided

further^that

except ^whenitisotherwise

specifically

provi- ded

by ^such

Rules, ^uobuilding

which^isusedashuman dwelling

house shall ^beso entered

unless^withtheconsent^{of the}

occupier

thereof, without

giving

the said

occupier ^atleast

24 hours

previous

notice in

writing

of

the intention ^tomake such

entry:

and Provided ^alsothatdue

regard

shall

always ^be

had, ^sofaras may be

compatible

with

the

exigencies

of

the

purposes for which the

entry

is

made, ^tothe social and

re.igious usages of ^theoccu-

pants ^{of the}

premises

entered,

87. ^A

Copy ^of

receipt, application,

plan.

notice,

order, entry in

a register,

or other document in

the

possession

of

the

Authority shall, ^if

duly

certified

by ^theperson authorised ^{by the}

Authority in

this behalf shall

be admissible

in evidence.

88. An

Authority may

enter into and

perform ^any

contract necessary for any

matter relating ^toaPlan^{or a} Scheme or for any

other

purposes of

this

Act,

and such^a contract shall

be

signed by the· Chairman^onbehalf

of

the

Authority

and shall

be sealed with the common seal of the

Authority.

89. Whenever any difficulty

arises in

giving

effect^{to any}of the

provisions

of this

Act,

the

rules, bye-laws

and

orders made

thereunder, ^theState G0vernmeot^mayissue ^suchdirections as

may appear ^to

it,

necessary^{for the}

purposes of rerno

ving ^the

difficulty, \, ^{90. (l) The}

State Government^may, after

previous publication

.

in the Official

Gazette,

make

rules ^for

carrying ^out

purposes of

this Act.

(2) ^In

particular ^andwithout

prejudice ^tothe

generally of the

foregoing powers, ^theState Government shall have

power ^tomake rules in

respect

of

the

following

matters, namely-

(i) ^themanner^of

publication ^ofnotification

regarding ^the

Schemes, their modifications.

variations, rev'-,cations, submissions, ^and

approval by ^the

State Government; (ii)

powers ^thatmaybe

delegated ^{to any}Authority establish

under this ^Actorto

my Officer^;

(iii) procedure ^tobe

adopted ^for

securing co-operation of various

Government Departments, ^theowners ^orother

persons ^or bodies

interested ^intheSchemes; Admissibility

of certified

copies,

Plan of Au-

thority ^to

enter into

agreements.

Power

of State

Govt to remove difficulties, ·Power of the

State Golt. to make

rules,

30

1. Substituted

by

the Manipur

Town and

Country PlJnning (Second Amendment) ^{Act, 1976}

(Manipur ^Act No. 25 of 1976j. (iv)

cal.:ulation,

assessment and

payment

of

compensation ⁱⁿ

respect of

property

which ^is

injuriously effected

within ^themeaning assigned to it in Section

1

[53]

of this Act; (v)

calculation,

assessment and collection ^ofbetterment charge; (vi' procedure ^offilling,

hearing and deciding objections

and appeals

under ^{the Actand} all

matters connected

therewith;

(vii) ^thedelegation ^of

power to and

the duties

that shall be

dis::harged ^{by the}Chief ^TownPlanner and the

matter ^onwhich and ^the manner in which

he shall be consulted; (viii)

matters other ^thanthose referred ^{tL1in the}

foregoing clauses which^areexpressly ^orbvi:npli'::ation required ^orallowed

by ^{this Act tobe}

prescribed

by

Rules; and

(ix)

Creation ^andadministration of fund

for ^the

purpose

of implementing ^the

provisions ^of this ^Act.

(3) Every ^Rulemade under this ^Actshall ^belaid^{assoon as} may be after

it is made

before

the Legislative

Assembly while ^it is ⁱⁿsessi:)Il

for^atotal period

of^not less than fourteen days

which may be

comprised

in^onesession or in two or more successive

sessions; and ^ifbefore ^the

expiry

of ^thesession immediately

following, ^the Assembly

resolves ^thatanymodification in ^theRule shall ^bemade of that the Rule shall ^notbe made, ^theRuleshall thereafter have

effect only ⁱⁿsuch modified ^{form or} be of no effect, ^asthe ^case may be;^so,however,

that any such modification ^or annulment shall

be without prejudice ^tothevalidity of

anything previously ^done under ^thatRule.

91.

0)

The Authority

shall

have

power to make

bye-laws

in respect ^{of the}

matters enumerated

under^thissection^{and not} in-

consistent ^{with the}Rules^made under this Act, namely- (i)

Sub-division ^oflands^and

layout of

public

roads; lii)

width ^fordifferent

classes of

public

roads according ^to the

nature of traffic ^tobe carried thereon;

(iii)

roads,

lands^andsetting back of buildings

from ^the road

line ; (iv)

Zoning

Regulations prescribing the

type ^ordescription of

buildings

which^maybeconstructed, the

spaces ^tobe

kept un-occupied ^{inazoneor a part} thereof; ^oranyother

matter

pertaining

thereto;

(v) r-!gulation ^and

display ^or advertisement ^intheinterest of

amenity,

aesthetic, ^orpublic

safety;

(vi) regulations ⁱⁿany·

manner^not specifically provided ^{for in} this Act,

the erection

of^any enclosure, wall,

fence, ^tent or other

structures,

on

any land

within^thejurisdiction

of the

? uthority;

Conrro/bythe

State Govt. &

the Board. Dissolution of

the Au. thority. Savingsof Previous or. der& & ac. tions of

the Stare

Govt. 31 httj t•••?•lm,

""'

'""""

bosfoe,, of

the meeting, of (ht

"?ll/1111111\ JI/ ^{Nnn,, I,}h "·

fo ws

•ha// come

inu, /om, Uotil it

is

•-

I•.>!I,,,

·'"' ·

<

'""'""''"'

"d

tbe,o,f,e, pub/fahed in

/II 11,,, ''"'•'

"""'""''"' m,, at

any

time "•eeJJ the .,,J'li:,•;':;;;,,"' ·•,

h1·,-fo.,,,und

tbeceupon '"'h

by,

law, •hall f!!· l'fi, """ "' •< ""

ho,; ly

sbsu

""Y out

•ucb

dfr"tion,

!I!!, ?' """'' I<,"" """ to

tin"

by

State

Go,«nmentfo,

•D1 !/!l!,

"""" n r

!I, i,

Act, ,ad

the A. u

ill!< > "'!• ,1, • '" •

",.,., , "

"''"

be

Is, ued

frn ,u

time to

tin,, by the ffN4jjfl4? I/Iii jl,11

/1111,•,

• fi! Y)!lll,,.1ilH' " •

h,·oe h,

dfrection,or

ti,e

Boa,d

di,ecgentfrom '

...

h. >ltj.lit ....I/.,.' ,,,1,,,

!. '"'•'r11,11,•n1for the sam:

issued, the

dire;:tion ,,if

jftj lfillt !

lt1111,

111111,,11 ,/1;1/J prev11iJ._ijl

(! j W1,.u u,,,

'""'

Go,e,nmenti,

•>ti,fied that tb, pu,, l'""'l

.fi!! •< lpe,, '""

,

I"''"" i I,

wa,

establi,ed unde, thi, Act

ha,, 11,,?I

!!OJ!"',"'IU ""'"" <

ed ,

,,

'"

to

tlnu,d <'1st enc,

O(

111'

11

""" "•

,•,,,,,

f<' or

the

A.ufbo,;,ybes not

functioned

"

·,i

l!,il, ,

•

'1,, ,, ,., "

"'""""•

by

notinc"Jon In

111,

'

1, "'

",

.,.,.,.,., 11,.,, the A

Utbo,I<>shall be

di,so/,ed

•·•111

.

1,,.,,.

"• ^·

"

"·"• "•

""

y

b, 'PXifi

,d In the

notification;

I!, ? "'

1,..

,

"• ,i, ,, II

i,,.

,leem,d lo

be di

'>ol,ed acco,dingly_ \fl h,"'' 1/j,1

d,1r,· o/'

such

dissolution- fij/

,.fl

llh;f"""',''""'' ona

du"

which a,e

>ested

in o, na,

,,.,

w? "

''"

'""' "'"

y

shall

""

'"· °'

be

'"lisab!, by, llt,i lt!!ifr

lf,,v.·,,111tr111,If!/

ii!. 11,hi!

11,,.

•·111<11m·e

enfo,eeab!e agein,t !he

Antbo,;ty '1i•II h,

"""""''''''

"'""'" th,

State

Go,e,,nment; and

M

fl\, 1 \, II"•''"" "' ,

"'"'"'• Pm

Pe

due, ,e. l't;iftj.t/

...

hi

..

1"

"'""?

;.,1._ 11,c

fooctlon,of

the

Authority•hall flt

!fl;,

1111,ti"'"

h1 tl1r

.',tate

Government. '14,

\II •

"''"", •

"'''"'' "'"'' ond

action, taken b,

the

Stat, Go. '"'"""'

•ij '''""'

.,,,.,, """

"""" '"d

Count,y Plann'ingin

i\fanipu,

•efoc, 11,,

''}"""""''"''"'

"'

11,i, Ac,

•hall, uo/es,

incon,i,tentWith

"""'''• I•,

''"""''' ,.,

"""

been m,d, o,

taken unde, ;, ? OI ,

,1,/ tit ti! ,

""

""" , "

'"

dfecti" afte, such commencement,

31