Amendment status not verified — confirm the current text below against the official source.
Requisition of services in case of emergencies.- On occurrence of war, floods or any similar emergency, the Council shall immediately comply with any requisition made by the State Government for the services of any of the Municipal employees and shall meet such proportion of the expenses with respect to traveling and daily allowances as the State Government may determine. The Madhya Pradesh Municipalities Act, 1961 125 CHAPTER XII - A COLONIZATION 339-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 Council or Nagar Panchayat 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 persons desirous of settling down on those plots by constructing residential or non- residential or composite accommodation ; or (b) as a building constructs or causes to be constructed on any land in a Municipal area, whether held by him or any other person, independent buildings or a single building with apartments ; or converts or causes to be converted as 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 such competent authority as may be appointed by the State Government for the grant of a Registration Certificate. (2) On receipt of the application for registration under sub-section (1), the such competent authority, as may be appointed by the State Government shall, subject to the rules made in this behalf, either issues or refuses to issue the Registration Certificate, within thirty days : Provided that if the such competent authority, as may be appointed by the State Government refuses 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 307 within 30 days from the date of rejection of application of registration by the competent authority. (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. 339-B. Development of colonies.--- (1) The Registration certificate granted under Section 339-A shall entitle the colonizer to undertake 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 per cent of the prescribed size shall have to be reserved for person 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 shielder fund. The Madhya Pradesh Municipalities Act, 1961 126 (iv) In respect of the land on which the Urban Land (Ceiling and Regulation) Act, 1946 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 development shall be given by the Competent Authority and an appeal shall lie to the State Government against the order of the Competent Authority. 339-C. Punishment for illegal colonization.--- (1) A colonizer who, in contravention of the provisions of Section 172 of Madhya Pradesh Land Revenue Code, 1959 ( No. 20 of 1959) and the rules made thereunder, diverts the land or part thereof, commits an offence of illegal diversion of land. (2) A colonizer who diverts his lands into plots or the land of any other person with the object of establishing a colony in branch 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 imprisonment of not less than three years and not more than seven years or with 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 minimum fine of ten thousand rupees or with both. Such offence shall be a cognizable offence. 339-D. Punishment for abetment 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 sanction or in omitting to make a report of such illegal diversion of land. shall be punished a simple imprisonment which may extend to three years or with a fine 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 such competent authority as may be appointed by the State Government certifies that in the public interest there is no objection to provide electrical and water supply connections to the building in the area of illegal diversion or illegal colonization. The Madhya Pradesh Municipalities Act, 1961 127 339-E. Competent Authority to take over the management of the land of illegal colonization.--- (1) Notwithstanding anything contained in 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 colonization shall be void. (2) The competent authority, as may be appointed by the State Government, shall cause to be published a public notice three times in the local newspaper for the purpose of taking over the management of land of illegal colonization. After publication of such notice if any objection is received from the colonizer or the plot holder it shall be considered by the competent authority and if no objection is received then the competent authority 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 the conditions be deemed to be a valid transferee of the plot and the power of the competent authority as manager of the plot shall come to an end. (4) Once the competent authority 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 in accordance with the master plan of the city. 339-F. Forfeiture 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) of Section 339-E stand forfeited and vested in the Council free from all encumbrances. 339-G. Punishment for not taking action against illegal colonization.--- Any officer or servant subordinate to the competent authority who has been authorised by him either to inspect, report, stop or to remove any construction or 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. The Madhya Pradesh Municipalities Act, 1961 128 CHAPTER XIII OMITTED 340 to 344. Omitted. CHAPTER XIV MISCELLANEOUS