Amendment status not verified — confirm the current text below against the official source.
Restriction on Corporation’s power to undertake town planning scheme.- Notwithstanding anything contained in section 291, no town planning scheme shall be made by the Corporation for any area for which a scheme has been sanctioned under the provisions of Town Improvement Act. Madhya Pradesh Municipal Corporation Act, 1956 121 | P a g e Chapter - XXIII-A COLONIZATION 292-A. Registration of Colonizer or builder.- (1) Any person who- (a) as a colonizer intends to undertake the establishment of a colony in the area of Municipal Corporation for the purpose of dividing the land into plots, with or without developing the area, transfers or agrees to transfer gradually or at a time, to person desirous of settling down on those plots by constructing residential or non-residential or composite accommodation; or (b) as a builder constructs or causes to be constructed on any land inn a municipal area, whether held by him or any other person, independent buildings or a single building with apartments; or converts causes to be converted an existing building or any part of such building into apartments, for the purpose of transfer by sale or otherwise all or some of them to persons other than members of his family and includes his assignees shall apply to the Commissioner for the grant of a Registration Certificate. (2) On receipt of the application for registration under sub-section (1) the Commissioner shall, subject to the rules made in this behalf, either issue or refuse to issue the Registration Certificate within thirty days: Provided that of the Commissioner refuses to issues to issue the Registration certificate, the reasons for refusal shall be intimated to the applicant. Provided further that an appeal may be filed before the Appeal Committee constituted under section 403 within 30 days from the date of rejection of application of registration by the Commissioner. (3) The State Government shall have power to make rules prescribing the form of application, amount of fees for registration and other terms and conditions for issue of Registration Certificate. (4) Every person who has been issued the Registration Certificate under sub-section (2) shall become eligible to establish one or more colonies in the area of Municipal Corporation and shall not be required to apply for Registration Certificate in respect of every colony separately but it shall be mandatory for such person to obtain approval of layout plans and all other approvals separately from the competent authority in respect of each colony. 292-B. The Registration Certificate granted under Development of Colonies. (1) Section 292-A shall entitle the colonizer to under take the development of colonies in the municipal area subject to the provisions of this Act, and the rules made in this behalf and on the following conditions:- (i) in every residential colony in the municipal area, out of the area of the developed plots by the Colonizer, fully developed plots equal to fifteen percent of the prescribed size shall have to be reserved for persons belonging to economically weaker sections. (ii) Such colonizer who wishes to offer the constructed residential houses instead of developed plots in his residential colony for the persons of the economically weaker sections under clause(i) then they make available the houses of the prescribed size constructed in the prescribed area. (iii) Such colonizer, who do not wish to develop plots or construct houses for economically weaker sections in his colony having an area as prescribed shall have to deposit the shelter fee at such rate as may be prescribed in the shelter fund. Madhya Pradesh Municipal Corporation Act, 1956 122 | P a g e (iv) In respect of the land on which the Urban Land (Ceiling and Regulation) Act, 1976 was applicable, the colonizer shall have to reserve developed plots of the prescribed size in the prescribed area for the persons belonging to economically weaker sections. (2) For the allotment of plots or houses to the economically weaker sections, the procedure for the selection of eligible persons and the determination of the cost of such plots or houses shall be such as may be prescribed. (3) The permission of the development shall be given by the Commissioner and appeal shall lie to the State Government against the order of the Commissioner. 292-C. Punishment for illegal colonization.- (1) A colonizer who, in contravention of he provisions of Section 172 of the Madhya Pradesh Land Revenue Code, 1959 (N0. 20 of 1956) and the Rules made thereunder, diverts the land or part thereof, commits an offence of illegal diversion of land. (2) A Colonizer who divides his lands into plots or the land of any other person with the object of establishing a colony in breach of the requirements contemplated in this Act or the rules made in this behalf, commits an offence of illegal colonization. (3) Whoever commits or abets the commission of an offence of illegal diversion or illegal colonization shall be punished with an imprisonment of not less than three years and not more than seven years or with a minimum fine of ten thousand rupees or with both. Such offence shall be a cognizable offence. (4) Whoever constructs a building in an area of illegal diversion or illegal colonization commits an offence of illegal construction. (5) Whoever commits an offence of illegal construction shall be punished with imprisonment of not less than three years and not more than seven years or with a minimum fine of ten thousand rupees or with both. Such offence shall be a cognizable offence. (6) It shall be incumbent upon every colonizer to display correct information about the area (including the carpet area) of the housing units proposed for construction and facilities to be provided in a colony in all its advertisements published in the form of pamphlets, brochures, hoardings and in all communications to customers and shall explicitly mention the number and date of his Registration Certificate over it, and any violation of these provision shall make such colonizer liable for punishment under sub-section (3) and sub-section (5). 292-D. Punishment for abatement of the offence of illegal diversion of land or illegal colonization- Whoever in the area of illegal diversion or illegal colonization- (i) being an officer having power to sanction lay out or sanction a map for the construction of a building grants sanction or approves such lay out or the map; or (ii) being an officer or the authority competent to sanction electrical or water supply connection grants such sanction with respect to the building in such area; or (iii) being an officer under a primary duty to do so knowingly omits to report illegal diversion of land; or (iv) being an officer or an employee responsible to take action against the illegal diversion of land, fails to take action; or (v) illegally influences the officers aforesaid in granting such action or in omitting to make a report of such illegal diversion of land; Madhya Pradesh Municipal Corporation Act, 1956 123 | P a g e shall be punished with a simple imprisonment which may extend to three years or with a fine which may extend to ten thousand rupees or with both: Provided that nothing contained in clause (ii) shall apply to the cases where the Commissioner certifies that in the public interest there is no objection to provide electrical and water supply connection to the building in the area of illegal diversion or illegal colonization. 292 DA. Responsibility of persons associated in the act of illegal colonization or illegal diversion of land. -- All the directors promoters and financers associated in the act of illegal colonization or illegal diversion of land along with the person who commits or abets the commission of an offence of such illegal colonization or illegal diversion shall be held equally liable of committing such an offence and shall be punished under the provision of Section 292-C. 292-E. Commissioner to take over the management of the land of illegal Colonization.- (1) Notwithstanding anything contained in the Madhya Pradesh Land Revenue Code 1959 (No, 20 of 1959) the transfer or agreement to transfer of plots made by a colonizer, in an area of illegal diversion or illegal colonization shall be void. (2) The Commissioner shall cause to be published a public notice three times in the local newspapers for the purpose of taking over the management of land of illegal colonization. After the publication of such notice if any objection is received from the colonizer or the plot holder it shall be considered by the Commissioner and if no objection is received then the Commissioner shall take over the management of such land and cause the area to be planned and developed in such manner as may be prescribed and allot the plots in such manner and subject to such conditions as may be prescribed. (3) The allottee shall on fulfillment of he conditions be deemed to be a valid transfers of the plot , and the power of the Commissioner as manager of the plot shall come to an end. (4) Once the Commissioner takes up the management of any colony it shall be deemed that the diversion of land of such colony has been done and its use is in accordance with the master plan of the city. 292-F. Forfeiter of the land involved in illegal colonization.- The right, title and interest of the colonizer in the land under illegal colonization, shall upon and from the date of taking over management of the land under sub-section (2) stand forfeited and vested in the Municipality free from all encumbrances. 292-G Punishment for not taking action against the illegal colonization.- Any officer or servant subordinate to the Commissioner who has been authorized by him either to inspect, report, stop or to remove any construction on illegal colonization knowingly omits to take action against such illegal colonization or construction therein, forthwith or a police officer responsible to provide police assistance for removal of illegal colonization or illegal construction therein, does not provide adequate protection and support, shall be punished with a simple imprisonment which may extend to three years or with fine which may extend to ten thousand rupees or with both. Madhya Pradesh Municipal Corporation Act, 1956 124 | P a g e Chapter XXIV BUILDING CONTROL