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State of Madhya Pradesh - Section

Section 10 in The M.P. Nagar Palika (Registration of Coloniser, Terms and Conditions) Rules, 1998

10. [ In Residential Colonies, availability of Plots/Houses for the weaker sections of the society. [Substituted by Notification No. 13-XVIII-3-2000, dated 3-7-2000.]

(1)In every residential colony in the urban area, out of the area of the developed plots by the Colonizer, fully developed Plots equal to fifteen per cent of the size of 32 to 40 square meter area, shall have to be reserved for persons belonging to economically weaker sections.]
(2)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 sub-rule (1) then they may make available the houses of the size of 20 to 24 sq. meter constructed on an area equal to one fourth of the total area of the developed plot.
(3)In respect of the land on which the Urban Land (Ceiling and Regulation) Act, 1976 is applicable, the colonizer shall have to reserve developed plots of the size of 32 to 40 sq. meter area on at least 25% area of the total developed area tor the persons belonging to economically weaker section in accordance with the condition for exemption from the State Government for that land under Section 20 of the Urban Land (Ceiling & Regulation) Act. 1976 :[Provided that if the Colonizer wishes to make available the constructed residential houses instead of developed plots for the persons of economically weaker sections he may make available the constructed residential houses of the size 20 to 24 square metre on an area equal to one fourth of the total areas of the developed plot.] [Inserted by Notification No. 37-01-17-03-XVIII-03, dated 13-8-2003.][(3-a) The value of the land for the allotment of reserved plots shall be determined on the basis of the provisions of the Urban Ceiling (Maximum Limit and Regulation) Act, 1976 for awarding compensation to the person concerned. In such value the expenses likely to be incurred on the development of the plot shall be included proportionally.] [Inserted by Notification No. F-15-01-17-03-XVIII-03. dated 31-1-2003.]
(4)Such colonizer, who do not wish to develop plots or construct houses for economically weaker section in his colony having an area of 0.4 hectares or more under sub-rule (1) or (2) [or sub-rule (3)] [Inserted by Notification No. F-37-01 17-03-XVIII-03, dated 13-8-2003.] shall have to deposit the following shelter fee in the shelter fund for the [total area of the plot for construction of all type of buildings] of the colony the rate of which may be revised by the State Government, from time to time. Provided that in case of a proposed colony having an area of less than 0.4 hectares, the colonizer shall have to pay shelter fee compulsory at the prescribed rates :
(i) Town having population up to three lakhs Rs. 40 per Sq.m.
(ii) Town having population more than 3 lakhs but up to 5 lakhs. Rs. 60 per Sq.m.
(iii) Town having population of more than 5 lakhs Rs. 100 per Sq.m.
[(4-a) Leaving the plot area for the construction of all type of buildings in the colony, all other open land shall be exempted from the shelter fee.] [Inserted by Notification No. 36/F-1-17/03/18-03. dated 13-8-2003.]
(5)[ For the allotment of plots/house reserved for weaker sections under sub-rules (1) and (2) the selection of eligible persons, cost of plot/house and allotment shall be made by the following committee-] [[Substituted by Notification No. F-15-01-17-03-XVIII-03, dated 31-1-2003. Prior to substitution it read as under : -'(5) Cost of developed plots or constructed house shall be determined by a committee consisting of the following members -
(i)Collector or his representative not below the rank of Additional Collector - Chairman
(ii)Superintending Engineer/Executive Engineer, Public Works Department - Member
(iii)Dy. Commissioner/Executive Engineer, M.P. Housing Board - Member
(iv)Commissioner, Municipal Corporation/Chief Municipal Officer - Member
(v)Jt. Director/Dy. Director/Asstt. Director, Town and Country Planning - Member
(vi)Project Officer, District Urban Development Agency - Member-Secretary']]
(a)In case of committee situated at Divisional Head Quarter-
(1) Divisional Commissioner Chairman
(2) Collector of Stamps Member
(3) Collector of the District Member
(4) Project Officer (DUDA) Member
(5) Deputy Registrar (Co-operation) Member
(6) Deputy Director, Town & Country Planning Member
(7) Deputy Director, Urban Administration (Divisional) Member
(8) Municipal Commissioner/Chief Municipal Officer Member-Secretary
(b)In case of committee situated other than Divisional Head Quarter-
(1) Collector of the District Chairman
(2) Collector of Stamps Member
(3) Project Officer (DUDA) Member
(4) Deputy Director (Co-operation) Member
(5) Deputy Director, Town & Country Planning Member
(6) Municipal Commissioner/Chief Municipal Officer. Secretary]
(6)[ The Committee constituted under sub-rule (5) shall determine the cost of plot on the basis of the rate at which the land of the colony concerned was purchased by the Colonizer or if, the land was already in his ownership at the rate determined by the Collector of Stamps as prevailed at the time, the Colonizer had submitted the application for registration as Colonizer and shall include the development fees proportionally. In case of house, the construction cost of the house shall also be included.] [[Substituted by Notification No, F-15-01-17-03-XVIII-03, dated 31-1-2003. Prior to substitution it read as under: -'(6) The list of allotted Plots/Houses to the persons of economically weaker sections by the Colonizer shall be scrutinised by the Collector, and if any violation of the prescrubed criteria in allotment is noticed, the allotment may be cancelled by the Collector. But before cancellation of allotment, opportunity of being heard shall be given to allottee and colonizer. If on the scrutiny of allotment it is noticed by the Collector that allotment to ineligible persons have been made deliberately the registration of colonizer shall be cancelled.']]
(7)The Collector shall collect shelter fee for the whole of the planning area and Municipal area, which shall be deposited in the shelter fund by opening a separate account which shall be under the Collector. This fund shall be utilised by the Committee constituted as under in accordance with the instruction issued by the State Government from time to time :
(i) Collector Chairman
(ii) Chief Executive Officer, Development Authority Member
(iii) Commissioner, Municipal Corporation/Chief Municipal Officer,Municipality/Nagar Panchayat. Member
(iv) Project Officer, District Urban Development Agency Member Secretary
(v) Jt. Director/Dy. Director/Assistant Director, Town andCountry Planning Member
(vi) Dy. Commissioner/Executive Engineer M.P. Housing Board. Member
(8)After depositing the shelter fee by the colonizer in the Joint Account of the Collector and the Project Officer, District Development Agency, the Competent Authority shall grant permission for the development. The amount of shelter fee deposited with the Collector may be made available without interest as loan to Local bodies/Madhya Pradesh Housing Board/Madhya Pradesh Slum Clearance Board/Development Authority. The said amount may be utilised as margin money to obtain loan from financial institutions for the construction of houses for economically weaker section. This amount may he utilised for providing the basic services like sewerage, drinking water, public toilets etc. in the old Jhuggi Basti area [and for infrastructure development in areas, where Jhuggi dwellers are resettled.] [Inserted by Notification No. 21F-1-66-05-XVIII-3, dated 12-7-2005.]
(9)The colonizer may also exercise the aforesaid alternative in relation to the layouts approved earlier, by the Town and Country Planning Department, but it shall be essential to give such option within six months from the dale of publication of these rules in the Madhya Pradesh Gazette.
(10)At the time of submission of the application prescribed in Rule 8 the colonizer shall have to clarify that out of the options shown in sub-rule (1) or (2) or (4) which option he would like to select and shall also submit the details of (he options as selected by him along with the application. These options shall be got technically examined by the competent authority and at the time of sanction of the compensation of colony he shall mention about the options also.]