The Government of Madhya Pradesh on March 24, 2023, proposed the draft of amended rules under the Madhya Pradesh Municipal Corporation Act, 1956.
All the persons likely to be affected are notified that the said draft of amendment will be taken into consideration on the expiry of 15 days from the date of publication of this notice in the Madhya Pradesh Gazette i.e., March 24, 2023.
Any objection or suggestion, which may be received from any person with respect to the said draft of amendment on or before the expiry of the period specified above at the office of the Principal Secretary, Urban Development and Housing Department, Government of Madhya Pradesh, Mantralaya, Vallabh Bhawan, Bhopal shall be considered by the State Government.
The following amendments have been stated:
• In rule 23, in part-3, in sub-rule (3), for the full stop, the colon has been substituted and thereafter the following provisos has been inserted, namely: -
"Provided that from the date of making the list public, the land of the concerned colony shall be under the management of the competent authority and a copy of the list shall be sent to the sub-registrar's office with the intention that the land and plots/buildings of the concerned colony shall not be affected by any kind of transfer or transfer agreement. Seller or the buyer or both shall be required to obtain a no-objection certificate from the urban body and registration shall not be executed without no-objection certificate:
Provided further that the urban body may consult the concerned resident association before issuing such no objection certificate.".
• In rule 23, in part-3, after sub-rule (6), the following clause has been inserted, namely: -
"(a) the competent authority under the provisions of sub-section (9) of section 292-D of the Madhya Pradesh Municipal Corporation Act, 1956 and sub- section (9) of section 339-D of the Madhya Pradesh Municipal Act, 1961, may attach after marking those properties of all the persons who have committed the offence of developing unauthorized colony;
(b) the amount received from the disposal of the forfeitured properties by the competent authority under clause (a) shall be as a fund of the concerned body and shall be used only for the development work of the concerned colony:
Provided that, the competent authority shall issue the order for disposal of forfeitured immovable properties under the Madhya Pradesh Municipal Corporation/Municipality (Transfer of Immovable Property) Rules and the valuation of all such properties shall be made on the basis of the prevailing Collector Guide Line:
Provided further that the appeal against such order of the competent authority may be filed within 30 days from the date of issue of the order to the Commissioner, Urban Administration and Development.".
• In rule 23, in part-3, for sub-rule (7), the following sub-rule has been substituted, namely: -
"(7) The competent authority, based on the final lay out prepared under sub-rule (6), with the object of providing civic infrastructure in the unauthorized colony, shall prepare a plan in which following points shall be included: -
(a) assessment of estimated cost of providing civic infrastructure;
(b) time period for completion of the development works;
(c) determination of development fee per square meter for development works;
(d) the criteria for sale of remaining plots and buildings which have not been allotted;
(e) total area of land of colony and number of plots/buildings and number and size of unsold land and plots/buildings:
Provided that the final plan shall be displayed by the competent authority for the information of the general public through newspapers, website and other mediums. Plot owners shall be eligible for building permission, water connection and electricity connection after finalisation of the development plan.".
after sub-rule (7) as so substituted, the sub- rule 8 has been inserted, namely: -
"(8) The Competent Authority, for the implementation of the scheme published under rule 23 may constitute registered resident association in the concerned colony under the Madhya Pradesh Prakoshtha Swamitva Niyam, 2019:
Provided that, in such colonies whose habitations are less than one hectare in area, a joint resident association may be formed by coordinating the layout of the colonies bordering each other as far as possible.".
• In rule 24, for sub-rule (1), (2) and (3), the following sub-rules has been substituted, namely: -
"(1) In unauthorized colonies identified under sub-rule (4) of rule 23, 20%amount from the total amount of development fee shall be charged individually from the inhabitants of the lower income groups and 50% from the other inhabitants:
Provided that, the residents belonging to low income group shall be required to submit the lower income group certificate issued by the competent authority.
(2) The last date of depositing the development fee shall be prescribed by the competent authority and after determining the development fee, a public notice in this regard shall be published in newspapers and other mediums and the determined development fee may be collected in the following manner, namely:-
(i) on submission of application for building permission;
(ii) on submission of application for compounding of a building constructed without permission:
(iii) on submission of application for obtaining no- objection certificate from the urban body for any kind of transfer of plots/buildings;
(iv) through residents' association:
Provided that the competent authority may grant permission to deposit the development fee in instalments and the period of which shall not be exceed 24 months
Provided further that if the plot holder had already deposited the development fee, the amount may be adjusted in the determined development fee on documentary proof or receipt.
(3) Subject to the action taken under clause (a) of sub rule (6) of rule23, the implementation of the development plan published as per sub-rule (7) of rule 23 may be started immediately from the funds received through the following means, namely: -
(a) development charges received from the building/plot owners;
(b) the funds received under the schemes announced by the Central and State Governments which shall be spent on development works in the colonies as per the terms and conditions of the schemes;
(c) public private partnership and the amount received from the Local Area Development Fund of the Members of Parliament and Legislators;
(d) there shall be no need for full recovery of the determined development fee on all the plots to start the development work. Priority development works can be done with the available funds.
(e) by sale of property of the person responsible for development of unauthorized colonies confiscated under the provisions of sub- section (9) of section 292-D of the Madhya Pradesh Municipal Corporation Act, 1956 and sub-section (9) of section 339-D of the Madhya Pradesh Municipalities Act, 1961:
Provided that the amount received under clauses (a), (b), (c), and (d) shall be deemed to be municipal funds for providing civic infrastructure, which shall be adjusted from the amount of the development cost received under clause (e) of sub-rule (6) of rule 23 and the development cost and the adjusted amount may be spent on the external development maintenance work of the colony.". and
• In rule 24, sub-rule (4) has been omitted.
[Notice No. 06-F 1-15-2021-XVIII-3]
