THE MADHYA PRADESH GRIHA NIRMAN EVAM ADHOSANRACHANA VIKAS MANDAL (SANSHODHAN) ADHINIYAM, 2012 No. 10 of 2013 (Published in M.P. Rajpatra (Asadharan) dated 16-1-2013 Pages 46(2-3) [Received the assent of the Governor on the 8th January, 2013; assent first published in the “Madhya Pradesh Gazette (Extra-ordinary)”, dated the 16th January, 2013]. An Act further to amend the Madhya Pradesh Griha Nirman Evam Adhosanrachana Vikas Mandal Adhiniyam, 1972. Be it enacted by the Madhya Pradesh Legislature in the Sixty-third year of the Republic of India as follows:— Short title and Commencement 1. (1) This Act may be called the Madhya Pradesh Griha Nirman Evam Adhosanrachana Vikas Mandal (Sanshodhan) Adhiniyam, 2012. (2) It shall come into force on the date of its publication in the official Gazette. Insertion of Sections 34-B, 34-C and 34-D 2. After Section 34-A of the Madhya Pradesh Griha Nirman Evam Adhosanrachana Vikas Mandal Adhiniyam, 1972 (No. 3 of 1973), the following Sections shall be inserted in Chapter VI, namely:— Housing and Infrastructure Development Scheme 34-B. (1) (a) The State Government may constitute a Housing and Infrastructure Development Committee for a district to prepare Housing and Infrastructure Development Scheme. (b) The Committee shall identify the land on which a Housing and Infrastructure Development Scheme may be taken up by the Board and shall submit in the manner prescribed, the details of such Scheme to the Board: Provided that notwithstanding anything contained in the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973), no development permission shall be granted by the Director, Town and Country Planning in respect of the land so identified after the said Scheme is submitted by the Committee to the Board and no person shall within the area included in the Scheme, change the use of any land or building or carry out any development save in accordance with the development authorised by the Director of Town and Country Planning prior to such submission. (c) Within 60 days of the submission of the proposed Scheme under clause (b) hereinabove, the Board may submit the same to the State Government with such modifications as it may consider appropriate: Provided that if the Scheme is not submitted within the said period of 60 days, the same shall be deemed to have lapsed. (d) The State Government may approve the Scheme submitted under clause (c) hereinabove with such modifications, as it may deem appropriate: Provided that if such approval is not granted within a period of 90 days from the date of submission of the Scheme to the State Government under clause (c) hereinabove, the Scheme shall be deemed to have been disapproved by the State Government. (2) (a) The Board shall, within 30 days from the date of receipt of approval granted under clause (d) of sub-section (1) hereinabove, publish the Scheme in the official Gazette and also in two local newspapers having wide circulation in the area in which the Scheme is to be implemented, inviting objections or suggestions from the owners of the land and any other person likely to be affected by the implementation of the said Scheme in the manner prescribed: Provided that if the Scheme is not published within the said period of 30 days, the Scheme shall be deemed to have lapsed. (b) Any objections or suggestions which may be received by the Board from any person with respect to the said Scheme shall be decided by the Committee constituted under sub-section (1) and thereafter the Committee shall submit a report to the Board in such manner as may be prescribed. (3) (a) Any person aggrieved by any decision taken by the Committee under clause (b) of sub-section (2) may prefer an appeal to the Board and the Board shall decide such appeal in the manner prescribed. (b) The Board shall after deciding the appeal, if any, and after considering the report made by the Committee under clause (b) of sub-section (2) hereinabove, approve the Scheme with such modifications as it may deem appropriate. The Scheme so approved shall be published in the official Gazette and also in two newspapers having wide circulation in the area in which the Scheme is to be implemented, in the manner prescribed: Provided that if the Scheme is not so published within a period of 180 days from the date on which the objections or suggestions were invited under clause (a) of sub-section (2) in the official Gazette, the Scheme shall be deemed to have been lapsed. (4) (a) The Board shall, after the Scheme is finally published under sub-section (3), proceed to acquire the land by executing an agreement with the owner in such form and on such terms and conditions as may be prescribed by the State Government. (b) The Board shall submit the proposal of acquisition under the Land Acquisition Act, 1894 (No. 1 of 1894) to the District Collector of such land whose owner do not enter into the agreement mentioned in clause (a) above within a period of three months from the date of publication of the Scheme in the official Gazette under sub-section (3): Provided that the Board may extend the period of said three months to one year. (5) The Board shall undertake execution of the Housing and Infrastructure Development Scheme on the land or part thereof which may have been acquired by it through agreement or acquisition under sub-section (4) in such a manner as may be prescribed. Exemption of fee for registration on instrument of agreement 34-C. The agreement mentioned in clause (a) of sub-section (4) of Section 43-B and also any instrument executed between owner of the land and the Board for giving effect to such agreement shall not be chargeable with any fee under the Registration Act, 1908 (No. 16 of 1908). Exemption of stamp duty on instrument of agreement 34-D. The agreement mentioned in clause (a) of sub-section (4) of Section 34-B and also any instrument executed between owner of the land and the Board for giving effect to such agreement shall not be chargeable with any duty under he Indian Stamp Act, 1899 (No. 2 of 1899).”. |
