Section 29 in The Jammu and Kashmir State Town Planning Act, 1963
29. Power of Government to make rules.
(1)The Government may, subject to previous publication, make rules consistent with this Act, either generally or for any particular area, to carry out all the purposes of this Act.(2)In particular and without prejudice to the generality of the foregoing power, the Government shall have the power to make rules in respect of the following matter(a)the manner of publication of the notifications under section 5 and of the draft scheme under section 7,(b)the further particulars or plans for inclusion in schemes under section 3 and section 6;(c)the scale of all plans made under this Act, the particulars to be shown in them, the manner in which such particulars shall be shown, the colouring of such plans and all such matters;(d)what streets or roads and improvements thereto provided in a scheme shall be made or carried out [x x x] [Omitted by Act XXI of 1978, section 5.];(e)the kinds of expenditure connected with town planning which shall be met out of current revenue and those that shall be met out of loans of other capital receipts;(f)the manner in which all documents and plans prepared under this Act shall be made accessible to the public;(g)the procedure to be adopted for securing co-operation on the part of the Municipal authorities with the owners or persons interested in property proposed to be covered in a scheme by such means as may be expedient, the summoning and procedure of such conferences and all such matters;(h)the procedure to be observed by the Board and the prescribed authority in cases where owners commit default, or delay the carrying out of works or improvements, for carrying out such works or improvements and for recovering the cost from the owners liable therefor;(hh)[ the manner in which offences of minor nature may be compounded and the assessment of compensation therefor;] [Clause (hh) Inserted by Act XXI of 1978, section 5.](i)the securing of reasonable speed in the preparation or adoption of schemes by the Board and the procedure to be followed for enabling the Government to act in the case of default of dilatoriness on the part of the Board or the prescribed authority, in making, adopting or executing a scheme and to recover from such Board the expenses of such action;(j)the calculations, assessment and collection of the betterment contribution;(k)the regulation of the procedure before the arbitrator;(l)the powers to be exercised by the prescribed authority with respect of appointments [ x x x ] [Omitted by Act XXI of 1978, section 5.];(m)the constitution of general town planning fund, its administration and the accounts to be kept therefor;(n)the extent to which the proceedings and acts of the Boards under this Act shall be regulated by the provisions of any Municipal or local laws applicable to such authorities;(o)inquiries and reports as to the beginning and the progress and completion of works and other action under any scheme;(p)sanitary principles and building regulations to be observed in drawing of schemes;(q)the funds which shall be transferred by the Board to the prescribed authority, the administration of such funds, the accounts to be kept in respect thereof and their audit;(r)matters other than those referred to in the foregoing clauses which are expressly required or allowed by this Act to be prescribed;(s)any other matter for which the Government deem fit, rules should be made.(3)In making any rule, the Government may provide that breach thereof shall be punishable with fine which may extend to one hundred rupees.
