ANDHRA PRADESH TOWN-PLANNING ACT, 1920

7 of 1920

7th September, 1920

Whereas it is expedient that the development of towns should be regulated to secure their present and future inhabitants sanitary conditions, amenity and convenience: And whereas the previous sanction of the Governor-General required by Section 79, sub-section (2) of the Government of India Act, 1915, has been obtained to the passing of this Act, It is hereby enacted as follows:

CHAPTER 1 Preliminary

Section 1 Short title and extent

(1) This Act may be called the Andhra Pradesh Town Planning Act, 1920.

(2) It extends to whole of the State of Andhra Pradesh.

Section 2 Definitions

In this Act, unless there is anything repugnant in the subject or context,--

(1) "Chairman" means the "Chairman of the Municipal Council" in municipalities.

(2) "Director" means the Director of Town-Planning appointed under this Act.

(3) "Municipality" means any local area in which the Andhra Pradesh (Municipalities Act, 1965, is in force.

(4) "Owner" includes the person for the time being receiving, or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person, or for any religious or charitable purpose, the rents or property-in- connection with which the word is used.

(5) "Plot" means a continuous portion of land held in one ownership other than land used, allotted or reserved for any public or municipal purpose.

(6) "Prescribed" means prescribed by rules made under this Act.

(7) "Reconstituted Plot" means a plot which is in any way altered by the making of a town planning scheme otherwise than by the severance of land used, allotted or reserved for any public or municipal purpose.

(8) "Responsible authority" means "the authority or person, who is specified in a scheme as responsible for carrying out or enforcing the observance of all or any of the provisions of the scheme or for enforcing the execution of any works which under the scheme are to be executed by any authority, owner, or other person".

(9) "Scheme" means a town-planning scheme and includes a plan relating to a town-planning scheme;

(10) "Town-Planning" includes town-improvement.

CHAPTER 2 Town-Planning Schemes

Section 3 Omitted

XXX

Section 4 Matters that may be dealt with in scheme

A town-planning scheme may provide for all or any of the following matters:-

(a) the laying out or relaying out of land, either vacant or already built upon as building sites or for any of the purposes mentioned in this section;

(b) the construction, diversion, extension, alteration, improvement or closure of streets, roads and communications,

(c) the construction, alteration, removal (or) demolition of buildings, bridges and other structures;

(d) the acquisition by purchase, exchange or otherwise, of any land (or other immoveable property) within the area included in the scheme whether required or not;

(e) the redistribution of boundaries and the reconstitution of plots belonging to owners of property comprised in the scheme;

(f) the disposal by sale, exchange, lease, or otherwise of land acquired or owned by the council;

(g) transport facilities;

(h) water-supply;

(i) lighting;

(j) drainage inclusive of sewerage and of surface draining and sewage disposal;

(k) the allotment or reservation of land for streets, roads, squares, houses, buildings for religious and charitable purposes, open spacies, gardens, recreation grounds, schools, markets, shops, factories, hospitals, dispensaries, Government and municipal buildings, and public purposes of all kinds;

(1) construction of houses;

(m) the preservation of objects and buildings of archaelogical or historic interest or of natural beauty or actually used for religious purposes or regarded by the public with special religious veneration;

(n) the imposition of conditions and restriction in regard to the character, number, architectural features and height of buildings allowed in specified areas, and the purposes to which buildings or specified areas may or may not be appropriated; and provision and maintenance of sufficient open space about buildings vision and maintenance of sufficient open space about buildings;

(o) the suspension, ( restriction or modification) so far as may be necessary for the proper carrying out of the scheme, of any provision in the Andhra Pradesh Municipalities Act, 1965, or the Andhra Pradesh (Andhra Area) District Board Act, 1920 (Act XIV of 1920 or as the case may be, the Andhra Pradesh (Telangana Area) District Boards Act, 1955 or in any rule, by-law or regulation made under the said Acts and in force in the area included in the scheme;

(q) the advance to the owners of land or buildings comprised within the scheme, upon such terms and conditions as may be provided by the scheme, of the whole or part of the amount required for the erection of buildings or for the carrying out of the works, alterations or improvements in accordance with the scheme;

(r) such other matters not inconsistent with the objects of this Act as may be prescribed.

Section 5 Reconstituted plots

(1) The size and shape of every reconstituted plot shall be so determined as to render it, so far as may be, suitable for building purposes.

Section 6 Omitted

XXXX

CHAPTER 3 Making, Variation and Revocation of Schemes and their effect

Section 7 Appointment of Director of Town-Planning

(1) The State Government may appoint a person to be Director of Town-Planning for the State and may assign to him from time to time such salary and establishment as they think fit.

(2) The cost of such officer and his establishment shall be paid out of the revenues of the State Government.

(3) Municipal Councils shall consult the Director on such matters relating to town-planning, and in such manner as may be prescribed. If any difference arises between the Director and a council on any matter so prescribed, it shall be referred to the State Government whose decision shall be final.

Section 8 Obligation on newly constituted councils to make schemes not later than four years"

(1) Every Municipal Council shall not later than four years from the date of the constitution of such Council, prepare publish and submit for the sanction of the State Government a general town-planning scheme in respect of all land within the municipality and in its vicinity unless the State Government orders otherwise.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, after making such enquiry as they may deem necessary by notification in the Official Gazette, direct any Municipal Council to prepare, publish and submit for their sanction before an appointed date a general town-planning scheme under this section for an area specified in such notification.

(3) A general town-planning scheme shall determine the lines on which the improvement and development of the area within the municipality and in its vicinity shall proceed and shall provide for such of the matters referred to in Section 4 and to such extent as may be prescribed.

Section 9 Declaration of intention to make or adopt scheme

(1) A Municipal Council may, by resolution, decide to prepare a scheme in respect of any land, within the municipal area, or in its vicinity outside such area, or to adopt with or without modifications a draft scheme proposed by all or any of the owners of any such land. The Chairman shall then have a plan prepared showing the land proposed to be included in the scheme, the surrounding lands and any existing streets.

(3) The decision of the State Government as to whether any lands in the vicinity of a municipal area shall be final.

Section 10 Resolution to make or adopt scheme

The resolution under Section 9 shall be published by notification in the prescribed manner by the chairman; and such notification shall state that a copy of the plan is kept for the inspection of the public at all reasonable hours at the municipal office.

Section 11 Publication of draft scheme

(1) If the resolution is to make a scheme, the Municipal Council shall, within twelve months from the date of the notification under Section 10, or within such further period, not exceeding twelve months, as the State Government may allow, and after consulting, in the prescribed manner, the owners of lands and buildings in the area affected, prepare, and publish a draft scheme.

(2) If the resolution is to adopt a draft scheme proposed by owners, the Council shall, without delay publish such scheme.

Section 12 Power of State Government to require council to make scheme

Notwithstanding anything contained in Sections 9 to 11, the State Government may, in respect of any municipality, after making such inquiry as they may deem necessary, by notification in the Official Gazette, require the Council, before a fixed date, to prepare, publish and submit for their sanction a draft scheme as respects any land in regard to which a town-planning scheme may be made.

Section 13 Contents of draft scheme

(3) A draft scheme may provide 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, on conviction, be punishable under Section 44-B.

Section 14 Sanctioning of scheme by State Government

(1) If within sixty days from the date of the publication of a draft scheme any person affected by such scheme communicates in writing any objection or suggestion relating thereto, the council shall consider such objection or suggestion and may modify the scheme as it thinks fit.

(2) The scheme as passed or adopted by the council together with all written objections and suggestions shall thereupon be submitted to the State Government for sanction and the fact of such submission shall be published in the prescribed manner.

(5) The sanction of the State Government to a scheme under sub-section (3) shall be published by notification in the Official Gazette and such notification shall state at what place and time the scheme will be open to the inspection of the public,

Section 15 Variation or revocation of schemes

XXXX

Section 16 Limitation of compensation payable to person affected by variation or revocation of scheme

If at any time after the day on which a scheme has come into force such scheme is varied or revoked, any person who has incurred expenditure for the purpose of complying with such scheme shall be entitled to receive compensation from the municipal council in so far as, by reason of the variation or revocation of such scheme, such expenditure has ceased to be in any way beneficial to him.

Section 17 Permission to be taken for construction etc., after publication of draft scheme

After the publication of a notification under Section 10, or Section 12, no person shall erect, or proceed with, any building or work on, or enter into or carry out a contract in respect of, land within the area included in the scheme, unless he has applied for, and obtained permission, in cases where a scheme has not been sanctioned, from the Municipal Council, and in other cases, from a responsible authority;

Provided that, if the Council or the responsible authority omits for three months from the date or receipt of such application, to communicate to the applicant any orders thereon, it shall be deemed to have granted the permission.

Section 18 Obligation on owners to comply with scheme after sanction

From the date of notification of the State Government sanctioning a scheme under Section 14, all owners of lands and buildings in the area affected by the scheme who propose to construct or reconstruct or in any way alter or add to buildings shall conform in every particular with the requirements of such scheme; and no building shall be constructed or reconstructed in any area in which building is expressly forbidden in the scheme or which is reserved in the scheme for any purpose incompatible with building.

Section 18A Power to levy development charges

(2) Notwithstanding any thing contained in sub-section (1), no development charges shall be levied on the institution of use or change of use of land or building vested in or under the control or possession of the Central or the State Government or of any local authority.

Section 18B Classification of land or building

For the purpose of assessing the development charges, the use of land or building shall be classified under the following categories :-

(i) Industrial;

(ii) Commercial;

(iii) Residential;

(iv) Agricultural or conservation and recreational; and

(2) In classifying the use of land or building under any of the categories mentioned in sub-section (1), the predominent purpose for which such land or building is used shall be the main basis for such classification.

Section 19 Power of responsible authority to enforce scheme

(2) The responsible authority shall serve a copy of the provisional order made under sub-section (1) on the owner, together with a notice requiring him to show-cause within a reasonable time to be specified in such notice, why the order should not be confirmed.

(3) If the owner fails to show-cause to the satisfaction of the responsible authority, the responsible authority may confirm the order granting such further period as it may deem fit, to execute the work and such order shall be communicated to and be binding on the owner and may be enforced. The expenses of enforcement may be recovered in the prescribed manner. An appeal shall lie to the State Government against the order of the responsible authority and their decision shall be final.

CHAPTER 4 Compensation for injurious affection and Contribution for betterment

Section 20 Right to compensation

Any person whose property is injuriously affected by any refusal to grant the permission applied for under Section 17 or by the making of a town-planning scheme shall, if he makes a claim for the purpose within the time (if any) limited by the scheme, not being less than three months after the date of publication of a notification by the State Government sanctioning the scheme under Section 14, be entitled to obtain compensation in respect thereof from the municipal council.

Section 21 No right to compensation for building, etc. subsequent to first notification

A person shall not be entitled to obtain compensation under Section 20 on account of any building erected on, or contract made, or other thing done, with respect to, land included in scheme, after the date of the publication of the notification under Section 10 or Section 12:

Provided that this provision shall not apply to any building erected, contract made or other thing done in accordance with a permission granted under Section 17.

Section 22 Exclusion or limitation of compensation in certain cases

(1) Where property is alleged to be injuriously affected by reason of any provisions contained in a town-planning scheme, no compensation shall be paid in respect thereof, if or in so far as the provisions are such as would have been enforceable without compensation under any law, rule or bye-law at the time in force.

(2) Property shall not be deemed to be injuriously affected by reason of any provisions inserted in a scheme, which impose any conditions or restrictions in regard to any of the matters specified in Section 4, clause (m) or clause (n).

(3) Where a person is entitled to compensation under this Act in respect of any matter or thing, and he would be entitled to compensation in respect of the same matter or thing under any other Act, he shall not be entitled to compensation in respect of that matter or thing under both the Acts, nor shall he be entitled to any larger compensation under this Act, than he would be entitled to under the other Act.

Section 22A Application for sanction for withdrawal or modification of the scheme

(1) The municipal council may, within three months from the date of an award of compensation in respect of property injuriously affected, make an application to the State Government to sanction the withdrawal or modification of all or any of the provisions of the scheme which gave rise to the claim for compensation and give notice of such application to the owner of such property.

(2) If the State Government accord such sanction the award of compensation shall stand cancelled, and the municipal council shall pay the costs, if any, awarded by the arbitrator in connection with the claim for compensation.

(3) Nothing contained in this section shall affect the right of the owner to make a fresh claim for compensation in respect of the modified scheme sanctioned by the State Government under sub-section (2).

(4) No award of compensation in respect of property injuriously affected shall be enforceable within three months from the date thereof, or, if notice has been given under sub-section (1), pending the orders of the State Government on the application made under the same sub-section.

Section 23 Power to levy betterment contribution

Where by the making of any town-planning scheme the value of any property has increased or is likely to increase, the municipal council, if it makes a claim for the purpose within the time (if any) limited by the scheme not being less than three months after the date of publication of a notification of the State Government sanctioning a scheme under Section 14, shall be entitled to recover from the owner of such property an annual betterment contribution for such term of years and at such uniform percentage of the increase in value not exceeding ten per centum as may be fixed in the scheme:

Provided that the aggregate amount of the contributions so recovered shall not exceed one-half of the maximum increase in value during the aforesaid term of years as ascertained under the next following section

Section 24 Betterment contribution how calculated

The betterment contribution shall be levied according to the following principles :-

(a) In respect of each property on which the contribution may be levied under Section 23. Its market value at the date of the publication of the notification under Section 10 or Section 12, shall be estimated without reference to the improvements contemplated in the scheme.

(b) In each of the financial years following that in which the scheme takes effect under Section 14, sub-section (6), the market value of each such property on the first day of April of that year shall be estimated by the Chairman.

(c) If, in any financial year, the market value estimated under clause (b) does not exceed that estimated under clause (a), no betterment contribution shall be levied for that year.

Section 25 Assessment and collection of betterment contribution

(1) The betterment contribution shall be a first charge on the property on which it is due, subject to the prior payment of land revenue, if any, due to the Government thereon, and shall be paid in half-yearly instalments of one-half of the amount fixed for the year.

Section 26 Option of objecting owner to require council to acquire his property

(1) If the owner of any property, separately registered in the municipal assessment books and assessed to a betterment contribution in any particular year, objects to the amount of such contribution on the ground that the market value estimated under clause (b) of Section 24 is excessive, he shall state the market value which, he contends, is correct, and may, within thirty days of the date on which the determination of his objection or appeal becomes final by written notice, require the municipal council to acquire the property together with any buildings or other works that may exist thereon.

(2) The council shall thereupon either acquire the property or accept the market value as stated by the owner and revise its assessment of the betterment contribution in accordance therewith.

CHAPTER 5 The Arbitrator

Section 27 State Government to appoint arbitrator

XXXX

Section 28 Powers and duties of arbitrator

(1) The arbitrator shall give notice of his proceedings and conduct them in the prescribed manner and communicate his decision to the parties concerned.

(2) An arbitrator shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908, for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of documents and material objects.

(3) The costs of and incident to all proceedings before the arbitrator shall be in his discretion and the arbitrator shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose aforesaid.

Section 29 Appeal

(1) Any party aggrieved by any decision of the arbitrator under clause (c) or clause (d) of sub-section (1) of Section 27 may within three months from the date of the communication of such decision appeal to the District Judge concerned.

(2) The decision of the arbitrator under clause (c) or clause (d) of sub-section (1) of Section 27 and, when an appeal has been preferred under sub-section (1) the decision on such appeal shall be read as part of the scheme sanctioned under Section 14 and shall be final and binding on all persons.

CHAPTER 6 Finance

Section 30 Municipal town-planning fund

(1) The receipts of a Municipal Council under this Act or any town-planning scheme made thereunder shall form a separate town-planning fund and all expenditure under this Act or any town-planning scheme thereunder shall be defrayed out of such fund. No portion of the fund shall, except with the sanction of the State Government, be expended for purposes not provided for by this Act.

(2) The monies required, in the first instance, to establish, such fund, and any deficiency from time to time occuring in such fund by reason of the expenditure over receipts shall, subject to such rules as the State Government, may frame in this behalf, be supplied out of the general municipal fund or out of monies borrowed in pursuance of this Act.

(3) Separate account shall be maintained by each Municipal Council for its town-planning fund.

Section 31 Power to borrow

A Municipal Council, taking action under this Act, shall be deemed to be a local authority as defined in the Local Authority Loans Act, 1914, for the purpose of borrowing money under the provisions of that Act, and the making and execution of a town-planning scheme shall be deemed to be a work which such local authority is legally authorized to carry out.

Section 32 Omitted

XXXX

CHAPTER 7 Land Acquisition

Section 33 Modification of land Acquisition Act

Immovable property required for the purposes of a town-planning scheme shall be deemed to be land needed for a public purpose, within the meaning of the Land Acquisition Act, 1894, and may be acquired--

(a) under the said Act, or

(b) under the said Act as modified in the manner hereinafter provided in this chapter.

Section 34 Notification under Section 14 to have effect as declaration under Section 6, Land Acquisition Act

In cases falling under clause (b) of Section 33 a notification under Section 14 shall notwithstanding anything contained in the Land Acquisition Act, 1894, operate in respect of any land for the purposes of the scheme as a declaration under Section 6 of the said Act, and no further declaration shall be necessary, but it shall not be incumbent on the State Government, or officer authorized in that behalf, to take immediate steps for the acquisition of such land. Provided that if the land is not acquired within three years from the date of the notification, it shall cease to have effect as a declaration under Section 6 of the Land Acquisition Act, 1894.

Section 35 Sections 15, 23 and 24 of Land Acquisition Act superseded

(1) The provisions of Sections. 15, 23 and 24 of the Land Acquisition Act, 1894, shall have no application in cases falling under clause (b) of Section 33.

(4) In cases falling under clause (b) of Section 33, if the market value of any land or building is specially high by reason of the use thereof in a manner which could be restrained by any court or is contrary to law or public policy or is detrimental to the health of the inmates of the building or to the public health, the amount of the increased value due to such user shall be disregarded in determining the amount of compensation.

CHAPTER 8 Miscellaneous

Section 36 Power of councils to make agreements

A Municipal Council shall be competent to make any agreement with any person in respect of any matter which is to be provided for in a town-planning scheme subject to the power of the State Government to modify or disallow such agreement, and, unless it is otherwise expressly provided therein, such agreement shall take effect on and after the day on which the scheme comes into force.

Provided that if the agreement be modified by the State Government, either party shall have the option of avoiding it if he so elects within the prescribed period.

Section 37 Town-planning committee

Subject to such rules as the State Government may make in this behalf, a Municipal Council may appoint a special town-planning committee composed either wholly of members of the Municipal Council, or partly of such members and partly of others; and may delegate to such committee power to dispose of in relation to a particular scheme to town-planning in general matters of a specified nature which, under the provisions of this Act, are reserved for the decision of the Council:

Provided that no person, other than a member of the council, shall be appointed to such committee unless such appointment is supported by not less than one-half of the sanctioned strength of the Council;

Provided also that the number of persons who are appointed to any committee who are not members of the Council shall not exceed one-third of the number of members of such committee.

Section 38 Joint town-planning committee

(1) Subject to such rules as the State Government may make on this behalf, a municipal council may and if so required by the State Government shall, join with one or more than one other local authority in constituting a joint town-planning committee for making of a joint town-planning scheme or for any purpose connected with town-planning in which they are jointly interested or for which they are jointly responsible.

(4) Rules made under sub-section (1) or (3) may be varied or revoked provided all the local authorities concerned assent to such variation or revocation.

(5) If any difference of opinion arises between local authorities under any of the foregoing provisions of this section, it shall be referred to the State Government whose decision shall be final.

(6) If the State Government take action under sub-section (1) they may issue such directions as they may think necessary or desirable in respect of all or any of the matters referred to in sub-section (3).

(7) When a joint town-planning committee has been constituted, such committee shall exercise the powers and perform the duties of the Municipal Council and its Chairman the powers and duties of a Chairman under this Act.

(8) Any joint town-planning scheme made by joint committee may provide for the execution of the scheme or any part thereof jointly by all or two or more of the local authorities concerned or specify the parts of the scheme to be executed at the expense of the several local authorities in their respective areas and the said specified parts of the scheme shall after the publication of the notification under Section 14 have effect in the areas to which they relate as separate schemes.

Section 41 Power of State Government to arbitrate in disputes between local authorities

Any dispute between any two local authorities in regard to any matters arising under any of the provisions of this Act shall, in case of their failure to settle it amicably between themselves, be referred for adjudication to the State Government whose decision shall be final.

Section 42 Power of control of State Government

(2) If the State Government are satisfied after giving the Municipal Council or the responsible authority as the case may be an opportunity of explanation, that a Municipal Council or a responsible authority has failed to enforce effectively the observance of a scheme which has been finally sanctioned, or any provisions thereof, or to execute any works which under the scheme or this Act the Council or the responsible authority is required to execute, the State Government] may order the Council or the responsible authority to do all things necessary for enforcing the observance of the scheme or any provisions thereof effectively or for executing any works which, under the scheme or this Act, the council or the responsible authority is required to execute.

(3) For the purposes of this section the State Government shall have the same powers of calling for records, of causing inspection to be made, and of enforcing their orders or appointing persons to enforce them as they have under Sections 64 and 67 of the Andhra Pradesh Municipalities Act, 1965.

Section 43 Power of entry etc.

For the purpose of the making or execution of any town-planning scheme, the municipal authorities or the responsible authority or persons appointed by the State Government under Section 42, sub-section (3), their subordinates and contractors shall have the same power to enter upon, survey and set up marks on property and to do all acts necessary for such purposes, subject to the same conditions and restrictions as, they have for other municipal purposes under Part VII of the Andhra Pradesh Municipalities Act, 1965" and persons interfering with the exercise of such powers by the municipal authorities or the responsible authority or persons appointed by the State Government, their officers, servants, or contractors, shall be liable to the same penalties.

Section 44 Power of State Government to make rules

(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 refence thereto in the scheme, subject to any modifications that may be set out in the scheme.

(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.

Section 44A Previous publication of the rules

The power to make rules under Sections 38, 44 and 54 shall be subject to the condition of previous publication.

Section 44B Penalty for breach of the provisions of the scheme

(1) Whereas 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 who knowingly permits a breach of any provision of the scheme or who 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.

CHAPTER 9 Town Planning Trusts

Section 45 Creation of town-planning trusts

(1) When the State Government after consulting the Municipal Council, decide that the interests of town-planning in any particular area will be best served by entrusting it to a special board, they may, by notification in the Official Gazette, constitute such board to be called The (name of town or other area) Town-Planning Trust' hereinafter referred to as the trust' and thereupon the duty of carrying out the provisions of this Act in such local area shall, subject to the conditions and limitations hereinafter contained, be vested in the trust.

(2) The trust shall be a body corporate and have perpetual succession and a common seal and shall by the aforesaid name sue and be sued.

Section 46 Constitution of trusts

(2) The trust may also include representatives of railway, tramway or other transport companies, chambers of co-operative societies and similar bodies or associations, either elected or nominated by them.

(3) The State Government shall fix the strength of the trust, the number of trustees to be elected under clause (b) of sub-section (1), the local authorities by whom they shall be elected, the number of trustees to be appointed by the State Government under clause (c) of sub-section (1) and the number of trustees to be elected or nominated under sub-section (2) and the bodies or associations by whom they shall be elected or nominated: Provided that the number of trustees appointed by the State Government shall not exceed one third or the sanctioned strength.

Section 47 Chairman may be given salary

The Chairman of the trust may receive such salary or remuneration as may be sanctioned by the State Government. No other trustee shall receive any salary or other remuneration from the funds of the trust.

Section 49 Disabilities of trustees removed under Section 48

(1) A trustee removed under clause (a) or clause (c) of sub-section (1) of Section 48, or under sub-section (2) of that section, shall not be eligible for further election or nomination for a period of three years from the date of his removal.

(2) A trustee removed under clause (b) of sub-section (1) of Section 48 shall not be so eligible until he has obtained his discharge or has paid his creditors in full, as the case may be.

(3) A trustee removed under any other provision of Section 48 shall not be so eligible until he is declared to be no longer ineligible, and he may be so declared by an order of the State Government.

Section 50 Application to trusts of this Act and either power to borrow

(1) When a trust has been duly constituted, the provisions of Chapters I to VIII of this Act shall, within the area entrusted to it for town-planning purposes, apply in full as though the words "trust" and "Chairman of the trust" were substituted for "Municipal Council" or "council" and "Chairman of the council" or "Chairman".

(2) A trust constituted under this chapter shall be deemed to be a local authority, as defined in the Local Authorities Loans Act, 1914 for the purpose of borrowing money under the provisions of that Act, and the making and execution of a scheme under this Act shall be deemed to be a work which a local authority is legally authorised to carry out.

Section 50A Payment to trust by Municipal Councils

The municipal council in whose area a trust operates shall pay annually to the trust such amount as may be agreed on between them or as may be fixed by the State Government.

Section 51 Procedure if trust fails to make any payment in respect of loans

(1) If the trust fails to repay any loan taken in pursuance of Section 50 or any interest or costs due in respect thereof, according to the conditions of the loan, the Accountant-General, Andhra Pradesh shall make such payment; and the Chairman of the Municipal Council shall forthwith pay from the municipal fund to the said Accountant-General a sum equivalent to the sum paid by him; and the State Government may attach the income of the trust and thereupon the provisions of Section 5 of the Local Authorities Loans Act, 1914, shall with all necessary modifications, be deemed to apply.

(2) Whenever the Chairman of a Municipal Council has made any payment to the Accountant-General under sub-section (1) the State Government shall so far as possible, reimburse the Municipal Council out of the income attached under that sub-section.

Section 52 Vesting in Municipal Council of streets laid out or altered and open spaces provided by the trust under a scheme

(2) When any open space for purposes of ventilation or recreation has been provided by the trust in executing any scheme, it shall, on completion, be transferred to the Municipal Council by resolution of the trust and shall thereupon vest in, and be maintained at the expense of the Municipal Council: Provided that the Municipal Council may require the trust, before any such open space is so transferred, to enclose, level, turf, drain and lay out such space and provide foot-paths therein, and, if necessary, to provide lamps and other apparatus for lighting it.

(3) If any difference of opinion arises between the trust and Municipal Council in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the State Government, whose decision shall be final.

Section 53 Ultimate dissolution of trust, and transfer of its assets and liabilities to the Municipal Council

(1) When the trust created for an area has executed all schemes sanctioned under this Act or so far executed them as to render its continued existence, in the opinion of the State Government unnecessary, the State Government may by notification declare that the trust shall be dissolved from such date as may be specified in this behalf in such notification; and the trust shall be deemed to be dissolved accordingly,

Section 54 Power to State Government to make rules for trusts

(2) Every trust may from time to time, with the previous sanction of the State Government, make bye-laws consistent with this Act and with any rules made thereunder for carrying out the purposes of this Act.

Section 54A Power of State Government to issue directions

(1) The trust and its Chairman shall, in the discharge of its or his functions and duties under this Chapter be bounded by such directions as the State Government may give in writing to it or him, from time to time.

CHAPTER 10 Transfer of Proceedings

Section 55 Transfer of proceedings from one authority to another

(1) The State Government may, by notification and from a date to be specified in such notification, transfer the proceedings commenced under this Act in respect of any land by any authority having jurisdication to any other authority having jurisdiction over such land.

(2) Before issuing a notification under sub-section (1) the State Government shall communicate to the authorities affected the grounds on which they propose to make the transfer, fix a reasonable period for them to show cause against the proposal and consider their objections, if any,

(3) The authority to whom a transfer of proceedings is made under sub-section (1) may continue such proceedings from the stage which they had reached on the date specified in the notification.

(4) When making a transfer of proceedings under sub-section (1), the State Government may direct the authority to whom the transfer is made to reimburse the authority from whom the transfer is made the next expenditure which the last mentioned authority from whom the transfer is made the next expenditure which the last mentioned authority may, up to the date of such transfer, have incurred on such proceedings.

(5) From the date specified in the notification under sub-section (1) all rights and assets which, for the purposes of the proceedings transferred by such notification are vested in, and all obligations and liabilities which for the same purposes are enforceable against the authority from whom the transfer is made, shall vest in or be enforceable against the authority to whom the transfer is made.

RULE

RULES UNDER TOWN-PLANNING ACT, 1920

In exercise of the powers conferred by sub-section (1) and (2) of Section 44 of the Madras Town-Planning Act, 1920 (Madras Act VII of 1920), and in supersession of all previous rules on the subject, His Excellency the Governor is hereby pleased to make the following rules

PART 1 Special Town-Planning Committee

Constitution of the Committee

Intimation to Government of the names of the members of the Committee

Term of office of members

Filling up of vacancies

President of the Committee

Rules and Regulations for the proceedings of the Committee

Removal of members

Duty of executive authority to carry out resolutions of the Committee

Requisition by the Committee for records

Submission of progress reports on town planning scheme

Municipal Council's power to call for records of the Committee

Dissolution of Committee

Submission of copies of proceedings and resolutions to the Municipal Council and power of the Municipal Council to cancel resolutions

Municipal Council's power to direct taking of action.

Delegation of powers to the Committee

Rule 1 Definitions

In this part, unless there is anything repugnant in the subject or context--

(a) "Committee' means the special town-planning Committee concerned, appointed by a Municipal Council under Section 37;

(b) "member" means a member of a special town-planning Committee; and

(c) "president' means in the case of the Corporation of Madras, the chairman of the standing Committee for town-planning and improvements, and in the case of any other Municipal Council, the president of the special town-planning Committee concerned.

Rule 2 Definitions

(b) In the case of a municipality constituted under the Madras District Municipalities Act, 1920, unless the Provincial Government otherwise direct, not more than six members of the Municipal Council (of whom the chairman of the Municipal Council shall ex-officio be one) shall be appointed as members of the special Town-Planning Committee under Section 37 of the Madras Town-Planning Act, 1920.

Rule 3

As soon as the Committee has been formed, the chairman shall report to the Government through the Director, the names of the members for their information.

Rule 4

(a) A member of the Committee who is a Municipal Councillor (not being the Mayor of the Corporation or the Chairman of the Municipal Council, as the case may be) shall hold office, unless he sooner resigns, until his term of office as Councillor is in any manner determined.

Rule 5

When a vacancy occurs in the Committee, the Municipal Council shall fill up the vacancy as soon as may be by the appointment of another member and report the name of the member to the Government through the Director for their information.

Rule 6

All the provisions of the Madras District Municipalities Act, 1920, or the Madras City Municipal Act, 1919, as the case may be, relating to the duties, powers, liabilities, disqualifications and disabilities of Councillors shall so far as may be and save as otherwise provided in these rules, be applicable to the term of office of the members of the Committee who are municipal Coucillors.

Rule 7

(a) The Committee shall at its first meeting elect one of the members to be its president. The term of the president shall, unless he sooner resigns, expire on his ceasing to be a member of the Committee.

(b) On the occurence of a vacancy in the office of the president, the Committee shall, at its next meeting, elect a new president.

(c) When the office of president is vacant, any three members of the committe may, after giving seven clear days notice to the other members, convene a meeting for the election of a president.

Rule 8

(a) The Committee shall observe the procedure laid down below, provided however that the Municipal Council may make supplementary regulations consistent therewith and with these rules for the conduct of the proceedings of the Committee and also for the maintenance of order at its meetings.

(b) The Committee shall meet at the municipal office atleast once a month on such day and at such hour as the Committee may from time to time determine.

(c) The president may at any time call a meeting of the Committee and shall do so within forty-eight hours of the receipt of a requisition signed by the Chairman or by three members of the Committee and stating the business to be transacted.

(d) No business shall be transacted at any meeting of the Committee unless atleast three members are present.

(e) All questions shall be decided by a majority of the members present, and voting, the president having a second or casting vote when there is an equality of votes.

(f) Minutes of the proceedings at meetings of the Committee shall be entered in a book kept for the purpose and shall be signed by the president. The minutes book shall be placed before the Municipal Council at such times as it may appoint.

(g) In any case in which the Committee and any standing or other Committee of the Municipal Council have passed conflicting decisions, the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, shall place, the matter before the Municipal Council for final decision and pending such decision, all action in regard to the matter at issue shall be withheld.

(h) Any member other than ex-officio member who fails to attend four consecutive meetings shall cease to be a member, but may be reinstated by the Municipal Council.

Rule 9

The President shall preside at meetings of the Committee, and in his absence a member shall be chosen by the meeting to preside for the occasion. The member presiding at a meeting of the Committee shall for that meeting have all the powers of and be subject to all the obligations of the President.

Rule 11

With the approval of the Government, the Municipal Council may by resolution supported by not less than one-half of the sanctioned strength of the Council, remove from the Committee any member (other than the ex-officio member) who--

(a) refuses to act or becomes incapable of acting, or

(b) in the opinion of the Municipal Council has so abused his position as member as to render his continuance on the Committee detrimental to public interest.

Rule 12

A member removed under Rule 11 shall not be eligible for reappointment for a period of one year from the date of his removal.

Rule 13

The executive authority shall be bound to give effect to every resolution of the Committee, unless such resolution is cancelled in whole or in part by the Municipal Council.

Rule 14

Every member shall have access during office hours to such of the records of the Municipal Council as relate to any matter with which the Committee is empowered to deal, after giving due notice to the executive authority:

Provided that the executive authority may for reasons given in writing refuse such access. The member may appeal against such refusal, in the case of the Corporation of Madras, to the Mayor of the Corporation and in the case of any other municipal, to the Municipal Council through the executive authority. The decision of the Mayor or the Municipal Council, as the case may be, shall be final.

Rule 15

(2) The executive authority shall comply with every such requisition unless in his opinion immediate compliance therewith would be prejudicial to the interests of the municipal administration or of the public, in which case he shall make declaration in writing to that effect and shall, if required by the Committee, refer the question to the Municipal Council whose decision shall be final.

Rule 16

The Committee--

(i) shall have access to the accounts relating to the Town-Planning or any other fund with which it may be concerned and may require the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, to furnish any explanation which it considers to be necessary as to the credits and debits of such fund;

(ii) may call the attention of the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, to any neglect in the execution of the works, to any misuse of municipal property, or to any requirements in any area in regard to which a town planning scheme is in preparation or has been sanctioned and may suggest any improvements, alterations or modifications, which may appear desirable; and

(iii) may appoint individual members to inquire into and report on any of the matters which the Committee is concerned with under the Act and the rules thereunder.

Rule 17

(1) As soon as may be after the 1st April every year and not later than the 1st May, the Committee shall submit to the Municipal Council a detailed report of the town-planning schemes under consideration and preparation during the previous financial year. The Municipal Council shall consider the report and forward the same together with its resolution therein, if any, to the Government through the Director.

(2) As soon as may be after the 1st April every year and not later than the date as may be fixed by the Municipal Council, the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, shall submit to the Committee an annual report of the execution of sanctioned town-planning schemes during the previous financial year. The Committee shall, without delay, consider the report and submit the same with its remarks to the Municipal Council which shall in turn forward all the papers together with its resolution thereon, if any, not later than the 15th May to the Government through the Director.

Rule 18

The Municipal Council may at any time call for an extract from the proceedings of the Committee or for any return, statement, account of report connected with any matter with which the Committee is empowered to deal and ever such requisition shall be complied with by the Committee.

Rule 19

If the Municipal Council is of opinion that the continuance of the Committee is unnecessary, it may, with the concurrence of the Government be resolution declare that the Committee shall be dissolved from such date as may be specified in such resolution and the Committee shall thereupon be deemed to be dissolved accordingly.

Rule 20

(1) The president shall submit to the Municipal Council copies of all proceedings and resolutions of Committee.

Rule 21

(2) As soon as possible after the said date, the Municipal Council shall proceed with the reconstitution of the Committee in the prescribed manner.

Rule 22

Subject to the above rules, the Municipal Council may delegate to the Committee any powers which under the provisions of the Act, the rules thereunder or a town-planning scheme are reserved for the decision of the Council. Such powers may include the following :-

(1) the investigation and preparation of and report to the Council on the general town-planning scheme;

(2) the consultation with owners, the convening of meeting of such owners and the preparation of draft town-planning schemes and all matters incidental to such preparation, including the taking of written statements from the owners;

(3) disposal of applicants presented under Section 17;

(4) the investigation of, and report to the Council on, objections and suggestions received under Section 14(1);

(5) the investigation of and report to the Council on, the questions of reconstitution and redistribution of boundaries of plots included in town-planning schemes, of claims of compensation and of betterment levy;

(6) the direction and supervision of the execution of town-planning schemes and the enforcement of the regulations thereunder;

(7) in general any matter relating to a particular scheme or to the town-planning of the town as a whole which the Municipal Council may by resolution delegate to the Committee subject to these rules.

PART 2 Preparation and Sanction of General and Detailed Town-Planning Schemes

D Submission of Progress Reports of Schemes.

C. Town-Planning Schemes under Section 12

Submission of scheme for sanction

Objections and suggestions to be sent to Director for advice

Publication under Section 11

Approval or adoption of scheme by Council

Particulars or plans specially required

Consultation of owners

Preparation of lay-out, plan and draft scheme

Publication of resolutions

B. Detailed Town-Planning Schemes -- Resolution to Make or Adopt a Scheme.

Submission of scheme for sanction 29. The draft general town-planning scheme as finally prepared by the Municipal Council shall be submitted in duplicate to the Government through, the Director with a report dealing with the objects and intentions of the scheme and the works, if any, proposed to be executed in accordance with the scheme. Duty to comply with scheme after sanction

Matters that may be dealt with in a scheme

A. General Town-planning Schemes

Rule 23

The preparation of a general town-planning scheme under Section 8 shall be undertaken in consultation with the Director.

Rule 24

The Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, shall cause to be prepared;

Rule 25

(2) The modifications necessary in the opinion of the Government shall be shown either on a separate map or by alterations in Map No.II. Such separate Map or Map No.II as so altered shall be called Map No.III.

Rule 26

A general town-planning scheme shall provide for the following matters to the extent necessary to secure a settled policy and plan for the improvement and development of the town generally and control both municipal and private activities connected therewith :-

(a) The construction, diversion, extention, alteration, improvement or closure of streets roads and communications, to the extent required for the needs of the public generally;

(b) the reservations of land for streets, roads, open spaces, recreation grounds and sites for public buildings;

(c) the determination of what shall be residentail, commercial, industrial and hutting areas;

(d) the preservation of objects and buildings of archaelogical or historic interest or of natural beauty or which are actually used for religious purposes or regarded by the public with special religious veneration;

(e) the prescription of building lines and street alignments;

(f) the imposition of house density restrictions in different parts of the area included in the general town-planning scheme; and

(g) any other matters mentioned in Section 4, the inclusion of which may be considered desirable.

Rule 27

The draft general town-planning scheme prepared by the Municipal Council shall be published on the notice board of the municipal office as a notification in Form No.1.

Rule 28

A notice in Form No.2 shall also be published.

(i) on the notice board of the office of every local authority within whose limits any portion of the area porposed to be included in the scheme is situated;

(ii) in the Fort George Gazette in case the whole or any portion of the area proposed to be included in the scheme is situated in the City of Madras and in the District Gazette concerned in case the whole or any portion of such area is situated in any district outside the City of Madras; and

(iii) in one or more newspapers circulating in the district or districts in which such area is situated.

Rule 30

Every draft town-planning scheme prepared under Section 9 to 14 shall follow or conform to the general town-planning scheme sanctioned by the Government and as for the time being in force.

Rule 31

From the date of sanction of the general town-planning scheme by the Government no permission shall be given by the Municipal Council for the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, to any owner of lands or buildings in the area affected by the scheme or to any person--

(i) to construct or reconstruct or in any way alter or add to any building or work or carry a contract in respect of land within the area included in such scheme unless it conforms to the requirements thereof; or

(ii) to construct or reconstruct buildings in any areas included in which building is expressly forbidden by the scheme.

Rule 32

(a) The resolution of a Municipal Council under sub-section (1) of Section 9 deciding to prepare or adopt a scheme shall describe the area proposed to be included in the scheme by boundaries or by ward, block and survey numbers.

(b) The plan prepared under the said sub-section which shall be called Map No.1 shall be drawn to a scale of not less than 8 inches 1 mile.

Rule 33

(a) The notification under Section 10 which shall be called Notification No.1 shall be in Form No.4 and shall be published on the notice board of the office of the Municipal Council.

Rule 34

(b) After the issue of a notification under Section 10, the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, shall send a notice to every owner who is concerned, drawing his attention to the provisions of Section 17.

Rule 35

(1) After the publication of the notification under Section 10, the Council shall, in consultation with the Director, prepare a lay-out plan and a draft town-planning scheme.

Rule 36

(1) The Municipal Council shall convene meetings of owners of lands and buildings in the area affected by the proposed scheme.

(4) At such meetings the proposed scheme shall be generally described and explained and a minute of each meeting shall be kept.

(5) Where the number of persons likely to be affected by the scheme is large, the Municipal Council shall where possible promote the formation of one or more Committees of such persons or representatives of such persons for the purposes of explaining the scheme to land owners and for the purpose of discussion and consultation with.

(6) At the meetings or at such other times as may be convenient, written agreements shall be taken from the owner individually and collectively with respect to their co-operation with the Council by the surrender of land for roads and public purposes, reconstitution of boundaries betterment levy, compensation or other provisions of the scheme affecting them individually or collectively. The necessary stamp fee on such agreements shall be borne by the Municipal Council.

Rule 37

The proposals, if any, made in a scheme for the reconstitution of plots or the redistribution of boundaries shall be--

(1) summarized in a statement in Form No.6 and

Rule 38

The following statements shall also be prepared--

(i) a statement in Form No.7 showing the ownership and extent of lands included in the scheme;

(iii) a statement in Form No.9 showing the lands proposed to be acquired; and

(iv) a statement in Form No.10 showing the lands proposed to be reserved under Clause (k) of Section 4.

Rule 39

The estimate of the cost of the scheme required by Clause (f) of Section 13 shall be prepared in Form No.11 and the draft scheme shall state in detail how the scheme is proposed to be financed and the amount of, and the time at which, loans, if any, are required.

Rule 40

A copy of every draft scheme with all its enclosures and the maps prepared in connection therewith shall be sent by the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, to the Director with an intimation of the date on which the Municipal Council will meet for considering whether the draft scheme should be approved or adopted as the case may be, and published under Section 11, such date not being earlier than fifteen days from the date of such intimation. The Municipal Council shall at such meeting consider the suggestions if any, received in the meanwhile from the Director.

Rule 41

The draft scheme as approved or adopted by the Municipal Council shall be published under Section 11 on the notice board of the Municipal Council by a notification which shall be called Notification No.2 and shall be in Form No.12.

Rule 42

Notification No.2 shall be accompanied by the plan required by Clause (a) sub-section (1) of Section 13, which shall be called Map No.2 and shall be drawn to a scale of not less than 264 or 132 or 66 feet to the inch and shall, as far as possible, illustrate by means of colours, letters and explanatory notes or in some other convenient manner the details of the scheme among which the following shall be included:

(a) The area included in the draft scheme - Boundary of the area included in the scheme Crimson lake or Vermilion (inner-edge of boundary)

(b) New streets, roads or lanes, and widening of existing streets etc. - To be made by Council Burnt sienna (wash) Do owners Light Red (wash)

(c) Existing streets, roads or lanes, rivers, drains, etc., and any modifications thereof - Public streets, roads or lanes private streets, roads or lanes streets proposed to be stopped or divereted Yellow ochre (wash) Gamboge (wash) Yellow ochre (hatched) Rivers, channels, drains and tanks Blue (wash) Rivers, channels, drains and tanks where abandoned Blue (hatched)

(d) Lands allotted or reserved under clause (k) of Section 4, if any-- Proposed business and commercial Crimson lake (hatched) Proposed light industrial Violet or grey (hatched) Proposed heavy industrial Violet or grey (wash) Public open spaces and parks Green (Wash) Private open spaces and parks Green (hatched)

(e) Building lines Chain dotted lines

(f) Proposed residential area Crimson lake (wash)

(h) Levels taken, if any, of the area included in the draft scheme and the levels of the surrounding lands. The Director may, for special reasons, permit the employment of any scales or colours different from those specified in this rule.

Rule 43

A notice in Form No.13 shall also be published--

(i) on the notice board of the office of every local authority within whose limits any portion of the area proposed to be included in the scheme is situated.

(ii) in the Fort St. George Gazette , in case the whole or any portion of the area proposed to be incuded in the scheme is situated in the City of Madras and in the district gazette concerned in case the whole or any portion of such area is situated in any district outside the City of Madras; and

(iii) in one or more newspapers circulating in the district in which such area is situated. A copy of such notice shall also be posted up in one or more conspicuous places in or near such area.

Rule 44

Not less than fifteen days before the date fixed for the meeting of the Municipal Council under Section 14 for considering and passing the draft scheme, the Commission of the Corporation of Madras or the executive authority of the municipality, as the case may be, shall send to the Director a list in Form No.14 of all objections and suggestions received and any advice as to their disposal received from the Director before the date of meeting shall be considered by the Council.

Rule 45

The scheme as modified with reference to the resolution passed at such meeting shall be submitted to the Provincial Government through [x x x x] the Director and shall be accompanied by three copies of a fresh plan which shall be called Map No.3 prepared with reference to the modifications which the Municipal Council may in such resolution have ordered. Where no modifications are required in Map No.2, the latter shall be called Map No.3 also. Where it is more convenient to do so, Map No.2 may be corrected with reference to the modifications ordered, the modifications being indicated clearly in distinctive colour or otherwise; and Map No.2 as so corrected shall also be called Map No.3. A copy of the scheme as so modified with Map No.3 shall be sent separately to Director of Town Planning.

Rule 46

The face of such submission shall be published by a notice in Form No.15--

(i) on the notice board of the municipal office: and

(ii) in the Fort St. George Gazette in case the whole or any portion of the area included in the scheme is situated in the City of Madras and in the district gazette concerned in case the whole or any portion of such area is situated in any district outside the City of Madras.

Rule 47

The Director shall have the particulars specified in the scheme and the maps and schedules attached thereto verified and forward the same together with his remarks to the Government.

Rule 48

If the Government have ordered any material modifications in the scheme submitted by the Municipal Council, a fresh map called Map No.4 shall be prepared embodying such modifications. Otherwise, Map No.3, as corrected with reference to the modification, if any, shall also be called Map No.4.

Rule 49

Any notification of the Government under Section 12, published in the Fort St. George Gazette, shall be republished by a notice in Form No.16--

(i) On the notice board of the office of the Municipal Council;

(ii) on the notice Board of the office of every local authority within whose limits any portion of the area included in the scheme is situated; and

(iii) in one or more newspapers circulating in the district in which such area is situated.

Rule 50

The rules contained in Part B. except Rules 32 to 34, shall, as far as may be, apply to schemes required to be prepared under Section 12.

Rule 50A

(i) Within one month from the date of publication of a notification under Section 10 on the notice Board of the office of the Municipal Council, or under Section 12 in the Fort St. George Gazette as the case may be the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, shall--

(i) sign a copy of such notification, specifying the date of his signature the land or lands to which it relates, and the survey number or numbers comprised therein; and

(ii) present the copy so signed or cause it to be presented for registration as soon as possible after such signature, but in any case within the time limit specified Part IV of the Indian Registration Act, 1908 (2) In the case of any such notification, published before the 16th July, 1948 which has not been registered under the said Part IV, the Commissioner, or the executive authority shall, if necessary, sign a fresh copy of the notification within one month from the date aforesaid, and present such copy or cause it to be presented for registration within the time-limit specified in Part IV aforesaid for the registration of such copy.

Rule 51

Every Municipal Council shall submit to the Government through the Director every year--

(i) a progress report in Form No.3, not later than 15th May, on the progress made in the preparation of a general town-planning scheme during the year preceding; and

(ii) progress report in Forms Nos. 17and 18, not later than the 15th May, in respect of all other schemes, whether sanctioned, pending sanction, or under preparation during the years preceding.

Rule 51A

A fee payable on application for permission for the Development of land or change of land use:

(1) No application for permission under Sections 17 and 18 of the Act shall be deemed valid, unless the person giving an application has paid to the prescribed authority, in advance, the fees determined by the Government (in the Table prescribed under this rule) from time to time for the grant of permission, and a receipt in token of payment of such fee is enclosed to the application.

(2) Any person who intends to develop or change of land use of any land or building under the provisions of the Act shall, along with the application for permission on a prescribed form, pay the development charges levied at the rates specified in the Table to the Authority or to the local authority.

PART 3 Arbitration

Notice of appointment of arbitrator

Levy of the betterment contribution

Rule 52

The arbitrator shall, on his appointment by the Government, give notice of the date on which he will commence his duties and the place at which he will hold his office and to which all correspondence relating to the scheme should be addressed. The notice shall be affixed to the notice board of every local authority within whose limits any portion of the area included in the scheme is situated and shall also be pasted up in two or more conspicuous places in or near such area. The notice may also be published in one or more newspapers circulating in the district in which such area is situated Reconstitution of plots

Rule 53

(1) With reference to the proposals, if any, for reconstitution of plots contained in a sanctioned scheme or made before him in pursuance of such scheme and within the time fixed therein, the arbitration shall serve a notice on every person affected and on the Commissioner of the Corporation of Madras or the executive authority of the municipality the case may be, or president of every local authority interest in such reconstitution. Such notice shall state the particulars of the proposals made under Section 5 and the date on which the arbitrator will take them into consideration. In the case of Government lands, such notice shall be served on the District Collector.

Rule 54

(2) The arbitrator shall fix a day or days for the hearing of the claims and give notice thereof to the claimants, the local authority or any other person authority who in his opinion is interested therein.

(4) In any proceeding before the arbitrator, the recording of evidence shall be in English but if any witness is required to sign a deposition and he is unacquainted with English, an interpretation of the statement recorded should be made to him in the language with which he is acquainted before he is called upon to sign the deposition.

(5) The arbitrator's decision shall be entered in a register in Form No.19.

Rule 55

(1) Where a scheme provides for the levy of a betterment contribution, the Council shall, within the time, if any, limited by the scheme, file before the arbitrator a claim in Form No.20.

(3) The arbitrator shall enter the particulars of the decision in columns (7) to (10) of a register in Form No 21.

Rule 55A

(1) A part who desires the attendance of any witness before the arbitrator shall submit to the arbitrator a list in Form No.21-A of the persons whose attendance he requires stating the full name, residence and description of each person and whether he is required to give evidence as an expert or otherwise or to produce any document, and in the latter case specifying the date, if any and the description of the document so as to identify it and shall with such list deposit in the arbitrator's office the fee for the service of summons specified in sub-rule (2) and the total amount of allowances to which the said persons would be entitled for travelling when summoned as witness by the Court of Small Causes.

(2) The fee for the service of summons on a witness or of notice on a party shall be four annas.

Rule 56

(a) All notices required to be served upon or given to any person under Rules 53, 54 or 55 shall be served as nearly as may be in the manner laid down in the Code of Civil Procedure, 1908 for the service of a summons on a defendant.

(b) The arbitrator shall give to all persons affected by the scheme a reasonable opportunity to state their views and shall take views, if any, into consideration before coming to a decision.

(c) The arbitrator shall communicate his decision to the parties concerned by registered post or in such other manner as he may find convenient.

Rule 56A

Where a minor or a person of unsound mind is a party to a claim before the arbitrator, the procedure laid down in Order XXXII of the First Schedule to the Code of Civil Procedure, 1908, shall be applied.

Rule 56B

All notices, proceedings and decisions of the arbitrator shall be issued with a seal affixed thereon as follows: "Arbitrator...............Town-Planning Scheme of"

Rule 57

A register showing the assessment and collection of betterment contributions shall be maintained in Form No.22. It shall be divided into parts one part being allotted to each scheme. In each part, a separate page shall be allotted to each property liable for betterment contribution.

Rule 58

The market value of the properties liable to betterment contribution in each of the financial years following that in which the scheme takes effect shall be determined by the Commissioner of the Corporation of Madras or the executive authority of the municipality as the case may be:

Provided that the market value of any property in respect of which the betterment contribution is payable by the Chairman shall be determined by the Revenue Divisional Officer or, if there is no Revenue Divisional Officer, or if the Revenue Divisional Officer is also the Chairman, by the Council.

Rule 58A

(2) Where the year of levy is the last of the term of years referred to in Section 23 of the Act, notwithstanding anything contained in sub-rule (1), the betterment contribution levied in respect of such year shall not exceed such sum, if any, as may be necessary to bring up the aggregate amount of the betterment contributions to the limit specified in the proviso to the said Section 23 namely, one-half of the maximum increase in value during the aforesaid term of years as ascertained under Section 24 of the Act; and if the aggregate sum levied in the previous years exceeds such limit, the excess shall be refunded to the owner of the property.

(3) Any betterment contribution or portion thereof the levy of which has been suspended under sub-rule (1) may be levied in any subsequent year, provided that the amount so levied together with the betterment contributions levied in such year and the previous years shall not, in the aggregate, exceed the limit so specified in sub-rule (1) (a) or sub-rule (2), as the case may be.

(4) Nothing in this rule shall be construed as affecting the provision in the proviso to Section 23 of the Act; and any amount collected over and above the limit prescribed therein shall be refunded to the owner of the property at the end of the period over which betterment contribution is leviable.

Rule 59

(1) When the assessment register has been prepared for the first time or when the market value of the properties is estimated by the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, under clause (b) of Section 24 of the Act in each of the financial years following that in which the scheme takes effect the Commissioner of the Corporation of Madras or the executive authority of the municipality as the case may be, shall give notice to the owners of the properties affected stating the market value so estimated and the amount of betterment contributions leviable in respect of those properties, and that any objection or revision petition may be submitted to the Commissioner of the Corporation of Madras or the executive authority of the municipality as the case may be, within a period of sixty days from the date of the said notice in the case of the Crown; a railway administration or a company, and of thirty days from the date of said notice in other cases.

(2) In every case in which assessment or valuation of the amount of annual betterment contribution has increased since the assessment or valuation or betterment contribution was last fixed the notice under sub-rule (1) shall state the grounds or reasons for the increase.

(3) Every objection or revision petition shall contain a statement of the grounds of the objection and the reasons in support of the revision petition.

(4) No objection or revision petition received by the Commissioner of the Corporation of Madras or the executive authority of the municipality as the case may be, after the period specified in sub-rule (1) shall be taken into consideration.

Rule 61

When a revision petition is presented, the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, shall, unless the date on which his petition will be considered has already been notified, intimate to the petitioner the date on which his petition will be considered and no petition shall be disposed of unless the petitioner has been given a reasonable opportunity to appear either in person or by authorized agent to present his case.

Rule 62

Immediately after the disposal of a revision petition the Commissioner of the Corporation of Madras or the executive authority of the municipality as the case may be, shall, inform the petitioner or his authorized agent in writing of the orders passed thereon, shall direct him to pay the amount fixed on revision within a specified date not being less than 15 days from the date of such disposal and shall, if necessary, cause the assessment register to be corrected.

Rule 63

(1) An appeal shall lie to the Council against the order of the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, under Rule 62.

(2) The appeal shall be made in writing and shall setforth, concisely and under distinct heads, the grounds of objection to the order appealed against.

Rule 64

The assessment register shall be corrected in accordance with any orders passed by the Council on appeal. In the event of the amount of contribution being reduced or remitted by the Council the Commissioner of the Corporation of Madras or the executive authority of the municipality; as the case may be, shall grant a refund accordingly.

Rule 64A

The provisions of Rule 11 of Schedule III to the Madras District Municipality Act, 1920, shall be applicable in regard to the grant of copies of proceedings and records of the arbitrator and to the levy of fees therefor.

Rule 65

The assessment or demand of any betterment contribution when no appeal is made as hereinbefore provided, and when such an appeal is made, the adjudication of the Council thereon shall be final.

Provided that where any assessment or demand is not in accordance with the assessment register, nothing in this rule shall be deemed to prohibit a fresh assessment or demand of the contribution being made in accordance therewith.

Rule 66

(1) Where after the publication of a notification under Section 10 or 12 the title of any person in respect of any premises within the area covered by such notification is transferred, the person whose title is transferred and the person to whom the same shall be transferred shall, within three months after the execution of the instrument of transfer or after its registration if it be registered or after the transfer is effected; if no instrument be executed, give notice of such transfer to the Commissioner of the Corporation of Madras or the executive authority of municipality as the case may be.

(2) Where after the publication of a notification under Section10 or 12 the owner of any premises within the area covered by such notification dies, the person to whom title of the deceased shall be transferred as heir or otherwise shall give written notice of such transfer to the chairman within one year from the death of the deceased.

(3) The notice to be given under this rule shall be in such form as the chairman may direct and the transferee or the person to whom title passes, as the case may be, shall, if so required, be bound to produce before the chairman any documents evidencing the transfer or succession.

PART 4 Town-Planning Fund

Rule 67

(a) Every Municipal Council shall maintain in Form No. 23 and account of its transactions relating to town-planning in two sections, namely ordinary' and capital' under the Head E. Town-Planning Fund. Such account shall be incorporated under the same head in the consolidated account of the Municipal Council.

(b) A summary of the town-planning fund account for any year shall be submitted to the Director not later than the 1st June of the year following :-

Rule 68

XXXX

Rule 69

The surplus of receipts over expenditure, if any, in the ordinary section of the account at the end of a year shall be shown as a balance under the ordinary account, appropriation being made to the capital account whenever circumstances require such appropriation.

PART 5 Recovery of Expenses of Enforcement

Rule 70

Where any owner commits default or delays the carrying out of any work or improvement ordered by a responsible authority under sub-section (3) of Section 19 or by the Government on an appeal made to them under that sub-section, the responsible authority or the Municipal Council, as the case may be, authorise the Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be--

(a) to cause such work or improvement to be executed or to take any measures or do anything which it may consider necessary for the execution of such work or improvement; and

(b) to recover the expenses incurred thereby from the owner.

Rule 71

The Commissioner of the Corporation of Madras or the executive authority of the municipality, as the case may be, may, if he thinks fit, take an agreement from the person liable for the payment of any expenses referred to in Rule 70 to pay the same instalments of such amounts and at such intervals as will secure the payment of the whole amount due with interest thereon, at the rate of 9 per cent per annum within a period of not more than five years.

PART 6 Variation or revocation of a Town-Planning Scheme

Rule 72

XXXX

PART 7 Transfer of Funds to the Responsible Authority by the Municipal Council

Rule 73

The concerned Municipal Council shall pay annually to the responsible authority such amount as may be fixed in that behalf in the scheme and where no amount has been so fixed, such amount as may be agreed upon between the concerned Municipal Council and the responsible authority;

Rule 74

The responsible authority shall not borrow any money. But the concerned Municipal Council shall transfer any money borrowed by it for the purpose of the scheme to the responsible authority, either in whole or in instalments, as the latter may require.

Rule 75

(1) The responsible authority shall maintain an account of its transactions relating to the town-planning scheme in accordance with the rules prescribed for Municipal Councils in Part IV of these rules.

(2) A summary of such account for every year, which shall be in Form No.23, shall be submitted to the concerned Municipal Council and the Director not later than the 1st May of the year following. Lucky

Rule 76

When any street or other work has been constructed or when any open space for purposes of ventilation or recreation or any site for a public purpose has been provided (or acquired) by the responsible authority it shall on completion be transferred to the concerned Municipal Council by order of the responsible authority and shall thereafter be maintained by the concerned Municipal Council.

Rule 77

If any difference of opinion arises between the responsible authority and the concerned Municipal Council in respect of any matter referred to in the foregoing rules the matter shall be referred to the Government whose decision shall be final.

PART 8 Short title, Commencement and definition

Rule 78

(1) These rules may be called the Madras Town-Planning Rules, 1933.

(2) They shall come into force on the 1st day of April, 1933. 79. In these rules and the forms appended thereto, unless there is anything repugnant in the subject or context "Government" means the Government of Madras.

APPENDIX 1 Notification under Section 8

FORM No.

[ Under Rule 27 of the Madras Town-Planning Rules ]

FORM No.1

Notification under Section 8

[ Under Rule 27 of the Madras Town-Planning Rules ]

The General Town-Planning Scheme prepared by the Municipal Council of .................. for the area described in the schedule below and a copy of which is attached hereto is hereby published under Rule 27 of the rules framed under the Madras Town-Planning Act, 1920 as amended by Act II of 1930.

2. Any person interested in the scheme may before 19 ................. communicate in writing to the Commissioner of the Corporation of ............................... Executive authority of the Municipality ....................................... any objection or suggestion relating thereto.

SCHEDULE

3. (Here enter a description of the boundary of the proposed General Town-Planning Scheme).

Municipal Office, Commissioner of the Corporation of Madras/

Dated : 19 Executive Authority of the Municipality.

(Here attach the draft General Town-Planning Scheme and the proposed development Map No.III)

APPENDIX 2 FORM

FORM No.

FORM No.2

Notice under Rule 28 of the Madras Town-Planning Rules

It is hereby notified that the General Town-Planning Scheme prepared by the Municipal Council of ................................ for the area described in the schedule below has been published on the notice board of the Municipal Office under Rule 27 of the rules framed under the Madras Town-Planning Act, 1920, as amended by Act II of 1930 on ................... 194.

2. The scheme in full and the Map. No.III may be inspected during office hours at the Municipal Office.

3. Any person interested in the scheme may before ................... communicate ................. Commissioner of the Corporation of Madras ................... in writing to the ...................... any objection or Executive Authority of the Municipality suggestion relating thereto.

SCHEDULE

Municipal Office, .................... (Hereby describe the boundary of the scheme).

Dated : 19 Commissioner of the Corporation Madras/

Executive Authority of the Municipality.

APPENDIX 3 Progress report of preparation of General Town-Planning Scheme under Section 8 of the Town-Planning Act.

FORM No.

[ Under Rule 51(i) of the Madras Town-Planning Rules ]

FORM No.3

Progress report of preparation of General Town-Planning Scheme under Section 8 of the Town-Planning Act.

[ Under Rule 51(i) of the Madras Town-Planning Rules ]

Serialnumber Particulars required MunicipalCouncil's reply 1. When the boundary of the General Town-Planning area has beendecided ? 2. Whether the area includes land outside of municipaljurisdiction ? 3. When the consent of the concerned local authority wasobtained ? 4. When the plans required under Rule 24(i) and (iii) of the ruleswere prepared and sent to the Director of Town-Planning ? 5. When was the General Town-Planning Scheme and mapreceived from the Director of Town-Planning ? 6. When the scheme was finally adopted by the Council ? 7. When the scheme was published on the notice board of theMunicipal Office ? 8. When submitted to the Government through the Collector ?

APPENDIX 4 Notification No.1 under Section 10

FORM No.

[ Under Rule 33(a) of the Madras Town-Planning Rules ]

FORM No.4

Notification No.1 under Section 10

[ Under Rule 33(a) of the Madras Town-Planning Rules ]

It is hereby notified under Section 10 of the Town-Planning Act, 1920 (Madras Act VII of 1920), that the Municipal Council of .............................. passed under sub-section (1) of Section 9 "the following resolution at its meeting held on ..................... 194 :-

Under Section 9(1) of the Madras Town-Planning Act, 1920 (Madras Act VII of 1920), the Municipal Council of .............................. decides to prepare a/adopt Town Planning) scheme in respect of the area or areas described hereunder :-

Here describe the area or areas to be included in the scheme by boundaries or by (Revenue) ward, block and survey numbers and state also the extent."

2. A copy of the plan of the area included in the scheme (Map No.1) will be kept for inspection during office hours at the Municipal Office.

Municipal Office, Commissioner of the Corporation of Madras

Dated : 194 . Executive Authority of the Municipality.

APPENDIX 5 FROM

FORM No.

FORM No.5

Notice of publication of Notification No.1 under Rule 34(a) of Madras Town-Planning Rules

The following notification was published on ............................... 194 . on the notice board of the office of the Municipal Council :-

(Here enter full text of Notification No.1)

2. Under Section 17 of the Madras Town-Planning Act, 1920, no person may erect or proceed, with any building or work on or enter into or carry out a contract in respect of land within the area included in the scheme without applying for and obtaining permission from the Municipal Council or the responsible authority.

3. Under Section 23 of the Madras Town-Planning Act, 1920, whereby the making of a Town-Planning scheme the value of any property has increased or is likely to increase, the Municipal Council shall be entitled to recover from owner of such property an annual betterment contribution for such term of years (after the publication of a notification of the Government sanctioning the scheme under Section 14) and at such uniform rate as may be fixed in the scheme. Under sub-section (1) of Section 25, such betterment contribution shall be a first charge on the property on which it is due, subject to the prior payment of land revenue, if any, due to the Government thereon, and shall be paid in half yearly instalments of one half of the amount fixed for the year.

Under Rule 66 of the Madras Town-Planning Rules -

(1) Where after the publication of a notification under Section 10 or 12 the title of any person in respect of any premises within the area covered by such notification is transferred, the person whose title is transferred and the person to whom the same shall be transferred shall, within three months after the execution of the instrument of transfer or after its registration if it be registered or after the transfer is effected, if no instrument be executed, give notice of such transfer to the Commissioner of the Corporation of Madras/Executive Authority of the Municipality.

(2) Where after the publication of a notification under Sections 10 or 22, the owner of any premises within the area covered by such notification dies, the person to whom the title of the deceased shall be transferred as heir or otherwise give written notice of such transfer to the Commissioner of the Corporation of Madras/Executive Authority of the Municipality within one year from the death of the deceased;

(3) the notice to be given under the rule shall be in such form as the Commissioner of the Corporation of Madras/Executive Authority of the Municipality may direct and the transferee or the person to whom the title passes, as the case may be, shall, if so required, be bound to produce before the Commissioner of the Corporation of Madras/Executive Authority of the Municipality any documents evidencing the transfer of succession: and

(4) every person who makes a transfer as aforesaid without giving such notice to the Commissioner of the Corporation of Madras/Executive Authority of the Municipality shall, in addition to any other liability which he incurs through such neglect, continue to be liable for the payment of the betterment contribution which may be assessed on the premises transferred until he gives notice or until the transfer shall have been recorded in the municipal register but nothing in the rule shall be held to affect.

(a) the liability of the transferee for the payment of the said contribution, or

(b) the prior claim of the Council under sub-section (1) of Section 25.

Municipal Office, Commissioner of the Corporation of Madras/

Dated : 194 . Executive Authority of the Municipality

APPENDIX 6 Statement showing reconstitution of plots and redistribution of boundaries

FORM No.

[ Under Rule 37 of the Madras Town-Planning Rules ]

FORM No.6

Statement showing reconstitution of plots and redistribution of boundaries

[ Under Rule 37 of the Madras Town-Planning Rules ]

Original plot Final plot

Serialnumber Nameof owner Number Area Value on Number Area Value on Amount due from (plus)or to (minus) owner incolumn (2) column (10)minus column (6) Remarks Site only Site, Structure, etc. Site only Site structure, etc. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

Date to be entered here.

APPENDIX 7 Ownership and Extent of Lands included in the schemes

FORM No.

[ Under Rule 38(i) of the Madras Town-Planning Rules ]

FORM No.7

Ownership and Extent of Lands included in the schemes

[ Under Rule 38(i) of the Madras Town-Planning Rules ]

Municipalassessment number Surveynumber Sub-division ExtentAcres Cents Name of owneror occupier Whether property isexempt from propertytax under Municipal Act Description of Landwet, dry, inam orporamboke Present use Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

APPENDIX 8 List of new streets and widenings of existing streets

FORM No.

[ Under Rules 38 (ii) of the Madras Town-Planning Rules ]

FORM No.8

List of new streets and widenings of existing streets

[ Under Rules 38 (ii) of the Madras Town-Planning Rules ]

Number of streets ordistinguishing letters Situation New street orwidening Length of street Width ofstreet Distance between building lines Width of metalling Remarks (1) (2) (3) (4) (5) (6) (7) (8)

APPENDIX 9 Lands proposed to be acquired for the Scheme

FORM No.

[ Under Rule 38(iii) of the Madras Town-Planning Rules ]

FORM No.9

Lands proposed to be acquired for the Scheme

[ Under Rule 38(iii) of the Madras Town-Planning Rules ]

Purposes for whichto be acquired Survey numberaffected Description of landwet, dry, inam orporamboke Name of owner or occupier Boundaries of land required tobe taken up Extent to be takenup Remarks - Buildings, etc.to be acquired with data North East South West Acres Cents (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

APPENDIX 10 Lands proposed to be Reserved under Section 4(k)

FORM No.

[ Under Rule 38(iv) of the Madras Town-Planning Rules ]

FORM No.10

Lands proposed to be Reserved under Section 4(k)

[ Under Rule 38(iv) of the Madras Town-Planning Rules ]

Locality Reference tomarking on Map Approximateacreage Purpose forwhich area is tobe reserved Presentuse Remarks (1) (2) (3) (4) (5) (6)

APPENDIX 11 Estimate of cost of scheme

FORM No.

( Under Rule 39 of the Madras Town-Planning Rules )

FORM No.11

Estimate of cost of scheme

( Under Rule 39 of the Madras Town-Planning Rules )

Debits Credits

Rs. A. Rs. A.

1. Acquisition of lands, buildings, 1. Government grants

etc.

(i) For road and lanes 2. Contributions from

(ii) For other purposes (a) Government departments

2. Improvements (b) Other local authorities

(i) Raising level (c) Private persons

(ii) Forming roads 3. Sale-proceeds or sites and

buildings

(iii) Culverts 4. Amount debitable to

(iv) Drains (i) General Account

(v) Water-supply Ordinary

(vi) Lighting (ii) The Elementary

Education

(vii) Latrines Fund of the Municipality

(viii) Schools (iii) The Water-supply and

(ix) Markets etc. Drainage Fund

(x) Other works (iv) Lighting account

Compensation for injurious (v) Remunerative enter-

affection Miscellaneous prises

(i) Cost of preparation of (Land Development

schemes, including special Fund Account)

surveys

(ii) Cost of arbitration, etc. (vi) Any other account

(iii) Legal expenses 5. Other items

(iv) Contingencies

Total Total

Net cost :

How the net cost is proposed to be met :

Resources available

Rs. A.

1. Amount that may be appropriated from the balance under

Town-Planning Fund Capital

2. Amount of average annual income from betterment

contribution under the scheme

3. Amount of annual surplus in Town-Planning Fund --

Ordinary (after deduction charges for the service of

existing loans)

4. Amount of additional loan, which items 2 and 3 will

finance

5. Total of items 1 and 4 ..............................

APPENDIX 12 Notification No.2

FORM No.

[ Under Rule 41 of the Madras Town-Planning Rules ]

FORM No.12

Notification No.2

[ Under Rule 41 of the Madras Town-Planning Rules ]

The draft scheme which has been prepared by the Municipality of and printed copy of which is attached hereto is hereby published.

2. Any person affected by the scheme may, before 194 , communicate in writing to the Commissioner of the Corporation of Madras/Executive Authority of the Municipality any objection or suggestion relating to the draft scheme.

Municipal Office, Commissioner of the Corporation of Madras/

Dated : 194 Executive Authority of the Municipality.

Here attach draft scheme and Map No.2 and Maps A, B, C, if any

APPENDIX 13 Notice of publication of Draft Scheme

FORM No.

[ Under Rule 43 of the Madras Town-Planning Rules ]

FORM No. 13

Notice of publication of Draft Scheme

[ Under Rule 43 of the Madras Town-Planning Rules ]

It is hereby notified that the draft scheme prepared by the Municipal Council for the area described in the schedule below has been published on the notice board of the Municipal Office, on ......................................... 19 .

2. The scheme in full, together with enclosures and maps, may be inspected free of costs during office hours at the Municipal Office. Copies of the scheme and of the maps are also available at the Municipal Office for sale at the following prices :-

Scheme Rs. A

Map 2 ...... ...... ...... ...... ...... ......

Map A ...... ...... ...... ...... ...... ......

Map B ...... ...... ...... ...... ...... ......

Map C ...... ...... ...... ...... ...... ......

3. Any person affected by the draft scheme may before ......................... 194 , communicate in writing to the Commissioner of the Corporation of Madras/Executive Authority of the Municipality any objection or suggestion relating thereto.

Schedule

Municipal Office. Commissioner of the Corporation of Madras/

Dated : 19 . Executive Authority of the Municipality

APPENDIX 14 List of Objections Suggestions received as regards Draft Scheme

FORM No.

[ Under Rule 44 of the Madras Town-Planning Rules]

FORM No.14

List of Objections Suggestions received as regards Draft Scheme

[ Under Rule 44 of the Madras Town-Planning Rules]

Serialnumber Date ofreceipt Name of person making objection or suggestion Nature of objectionor suggestion Recommendation ofTown-Planning Committee Remarks of Directorof Town-Planning Council's finalorders (1) (2) (3) (4) (5) (6) (7)

APPENDIX 15 Notice of submission of Draft Scheme under Section 14(2)

FORM No.

[ Under Rule 46 of the Madras Town-Planning Rules ]

FORM No.15

Notice of submission of Draft Scheme under Section 14(2)

[ Under Rule 46 of the Madras Town-Planning Rules ]

It is hereby notified that the draft scheme approved by the Municipal Council in its resolution No. ................................. dated ........................ under Section 14(2) of the Madras Town-Planning Act, 1920, for the area described in the schedule below has been submitted to Government through the Collector, the Board of Revenue and the Director of Town-Planning on .................. 194 .

Schedule

Municipal Office. Commissioner of the Corporation of Madras/

Dated : 19 . Executive Authority of the Municipality

APPENDIX 16 Notice of publication of Notification under Section 12 of the Madras Town-Planning Act, 1920

FORM No.

[ Under Rule 49 of the Madras Town-Planning Rules ]

FORM No.16

Notice of publication of Notification under Section 12 of the Madras Town-Planning Act, 1920

[ Under Rule 49 of the Madras Town-Planning Rules ]

The following notification was published by the Government on 19 in the Fort St. George Gazette :-

[Here enter full text of the notification under Section 12]

2. [

3. [Here enter paragraphs 2, 3 and 4 in the revised Form No.5 give above.]

4. [

Municipal Office Commissioner of the Corporation of Madras/

Dated : 19 Executive Authority of the Municipality

APPENDIX 17 Progress Report of Town-Planning Schemes pending preparation or sanction or sanctioned during the year ending 31st March, 19

FORM No.

[Under Rule 51 (ii) of the Madras Town-Planning Rules]

FORM No.17

Progress Report of Town-Planning Schemes pending preparation or sanction or sanctioned during the year ending 31st March, 19

[Under Rule 51 (ii) of the Madras Town-Planning Rules]

Serialnumber Name ofscheme Area included inscheme in acres Date of resolutionunder Section 9(1) Date of publicationunder Section 10 or Section 12 Latest date forpublication underSection 11(1) orsubmission of scheme Date of passing ofscheme by Town-PlanningCommittee Date of resolutionapproving or adoptingdraft scheme underSection 11 or Section 12 Actual date ofpublication ofdraft scheme Date of resolutionfinally passing schemeunder Section 14(2) Date of submission ofscheme to Governmentunder section 14(2) Date of Governmentnotification underSection 14(5) Remarks inexplanation ofdelay, etc. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

APPENDIX 18 Progress Report of the Execution of sanctioned town-planning Schemes during the year ending 31st March, 194

FORM No.

[ Under Rule 51(ii) of the Madras Town-Planning Rules ]

FORM No.18

Progress Report of the Execution of sanctioned town-planning Schemes during the year ending 31st March, 194

[ Under Rule 51(ii) of the Madras Town-Planning Rules ]

Works or action doneor to be done or taken under scheme Date fixed in schemefor Serialnumber Name ofscheme Date ofGovernmentNotificationunderSection 14(5) Number Natureof workor action Commencement Completion Date ofactual commencement Work donebefore thebeginning of the year Work done in the year Date ofactualcompletion Date ofanticipatedcompletion Remarks inexplanationof delay, etc. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

APPENDIX 19 Register of claim for compensation for injurious affection

FORM No.

[ Under Rule 54 of the Madras Town-Planning Rules ]

FORM No.19

Register of claim for compensation for injurious affection

[ Under Rule 54 of the Madras Town-Planning Rules ]

Nature of claim Arbitrator's decision

Serial number anddate ofreceipt Descriptionof property Name ofowner Nature ofinjuriousaffectionalleged Amount ofcompensationclaimed Parties onwhom noticeswere servedwith dates Date ofhearing Description of property Nature ofinjuriousaffection Amountawarded Person towhomawarded Reasons fordecision (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

APPENDIX 20 FORM

FORM No.

[ Under Rule 55(1) of the Madras Town-Planning Rules ]

FORM No.20

[ Under Rule 55(1) of the Madras Town-Planning Rules ]

To

The Arbitrator

Sir,

Scheme

I am desired by the Council to state that the properties described in column (2) of the statement below are increased in value or are likely to increase in value by the making of ............... town-planning scheme, that the Council entitled under clause ............................ of the scheme, to recover betterment contributions from the owners thereof at the rates and for the term fixed therein and that the valuation of each such property on 194 ...... the date of publication of the notification under Section 10/Section 12 was as shown against it in column (4) of the statement. In pursuance of the resolution of the Council No. ................... dated .................. 194. I hereby request that you will be pleased under Section 27 to declare the liability of these properties for betterment contribution and to determine the market value of each property on the date of the notification referred to above.

I have the honour to be,

Sir,

Your most obedient servant,

Municipal Council Commissioner of the Corporation of Madras/

Dated : 194 Executive Authority of the Municipality

Statement of claims for betterment

Serial number Description of theproperty Name of the owner Market value on194 194 (1) (2) (3) (4)

APPENDIX 21 Register of Claims for Betterment Contribution

FORM No.

[Under Rule 55(3) and 59(1) of the Madras Town-Planning Rules]

FORM No.21

Register of Claims for Betterment Contribution

[Under Rule 55(3) and 59(1) of the Madras Town-Planning Rules]

Particulars of claim Arbitrator's decision

Serial number anddate of receipt byarbitrator Description ofproperty and extent Name ofowner Market value on194 Parties on whomnotices wereserved with dates Date or datesof hearing Description andextent ofproperty liable Name ofowner Market valueon 194 Reasons fordecision (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

APPENDIX 21A List of persons to be summoned as witnesses on behalf of a party

FORM No.

[ Under Rule 55-A of the Madras Town-Planning Rules ]

FORM No.21-A

List of persons to be summoned as witnesses on behalf of a party

[ Under Rule 55-A of the Madras Town-Planning Rules ]

Serialnumber Full name Residence Occupationor otherdescription Purposewhichsummoned Allowances ServiceFees (1) (2) (3) (4) (5) (6) (7)

APPENDIX 22 Register showing Assessment and collection of Betterment Contribution

FORM No.

[ Under Rule 57 of the Madras Town-Planning Rules ]

FORM No.22

Register showing Assessment and collection of Betterment Contribution

[ Under Rule 57 of the Madras Town-Planning Rules ]

_______________________________________________________________________________________________

Scheme Betterment

No. Term Years commencing

Name Rate from

_______________________________________________________________________________________________

Property Collections Serial number Description Name ofowner Original marketvalue decidedby arbitrator Year Market valueon 1st April Increase ofcolumn (6)over column (4) Amount ofassessment First half-year Date ofcollection Secondhalf-year Date ofcollection (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 1933 ............................... 1934 ...............................1935 ...............................

APPENDIX 23 Town-Planning Fund Account

FORM No.

[ Under Rule 67 of the Madras Town-Planning Rules ]

FORM No.23

Town-Planning Fund Account

[ Under Rule 67 of the Madras Town-Planning Rules ]

Expenditure Receipts

Rs. A.P. Rs. A.P.

Ordinary section Ordinary Section

1. Town-Planning Act 1. Town-Planning Act

schemes - schemes -

(1) Staff (1) Rent of land

(2) Allowance, pen- (2) Ground-rent

sionary contribution (3) Produce of land

and cost of conveyance (4) Betterment

or hire of vehicles, contributions

etc.

(3) Survey charges (5) Licence fees, etc.

(4) Contingencies and (6) Interest on investments

equipment renewals

(5) Law charges (7) Law charges recovered

(8) Sundry receipts including

sale-proceeds of copies of maps

and schemes

Total Running charges A. Total, ordinary receipts

(6) Interest on loans A. Net Total, ordinary section

(surplus or deficit)

(7) Stationery, printing

and notification expenses,

cost of preparation of

maps etc.

A. Total, Ordinary charges

Capital section Capital Section

1. Town-Planning Act 1. Town-Planning Act

schemes schemes

(1) Acquisition of lands, (1) Government grants

buildings, etc.- (2) Contributions from

(i) Roads and lanes (a) Government

Departments

(ii) Other purposes (b) Other local authority

(2) Works of improvement (c) Private persons

(i) Raising level

(ii) Road forming (3) State-proceeds of lands,

buildings and quipment

(iii) Culverts (4) Loans

(iv) Drains (5) Investments realized

(v) Lighting

(vi) Schools (6) Contributions from

municipal funds

(vii) Water-supply

(viii) Latrines (i) General account -

Ordinary

(ix) Markets, etc.

(x) Other works (ii) Elementary Education

account

(3) Repayment of loans (iii) Water supply and

(sinking fund charge) drainage account

(4) Investments (iv) Lighting account

(5) Compensation from (v) Remunerative enterprises

injurious affections (land development)account

(6) Advances made (vi) Any other account

(7) Miscellaneous (7) Recoveries of advances

(i) Cost of prepa- (8) Recoveries of expenses

rations of scheme, of enforcement under

including special Section 19(3)

surveys

(ii) Arbitration fees, (9) Contribution from surplus

etc. in ordinary section

(8) Expenses of enforce-

ment under Section

19(3)

B. Total Capital charges B. Total Capital Charges

C. Grand Total-Ordinary and C. Grand Total-Ordinary

Capital charges and Capital receipts

D. Net Total Town Planning

Fund Account (surplus of

deficit).

The contribution from the surplus in the ordinary section should not be included