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.] [Substituted by Madras Act II of 1930.](2)No town-planning scheme made or adopted by a municipal council shall include any area outside its limits without the concurrence of the municipal council or of the district board, as the case may be, having jurisdiction over such area:[Provided that if the municipal council or district board concerned omits, for four months from the date of receipt of the communication requesting such concurrence, to send a final reply thereto, such concurrence shall be deemed to have been given:] [The proviso was inserted by Madras Act II of 1930.]Provided further that, where such concurrence is refused, the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] may, after considering the objections of such council or district board, overrule them, and permit such area to be included in the scheme.(3)The decision of the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] as to whether any land is in the vicinity of a municipal area shall be final.
