Section 44 in The Orissa Town Planning and Improvement Trust Act, 1956
44. Initiation of schemes.
(1)An improvement scheme within the framework of the allotted plan may be initiated by the Planning authority-(a)on its own motion;(b)upon a direction by the State Government; or(c)on a written representation by twenty-five or more residents of a ward in a Municipality constituted under the provisions of the Orissa Municipal Act, XXIII of 1950 which are assessed to tax on holdings under the provisions of the said Act or whose names appear in the electoral roll of the said ward such representation having been submitted through the Municipal Council concerned and forthwith forwarded by the said Council with such recommendation as it may deem proper.(2)The Planning authority shall consider every representation made under Sub-section (1) and if satisfied as to the necessity or expediency for an improvement scheme on the lines suggested and as to the sufficiency of its resources for executing such a scheme shall within ninety days from the date of the receipt of representation decide whether the scheme should be framed forthwith or not and shall intimate its decision to the Director or the State Government as the case may be.(3)If the Planning authority decides that it is not necessary or expedient either to frame an improvement scheme forthwith, it shall inform the Director or the State Government as the case may be, of the reasons for its decision.(4)If the Planning authority fails for a period of ninety days after the receipt of any representation made under Sub-section (1) to intimate its decision thereon to the Director or the State Government as the case may be or if the said authority intimates to the Director or the State Government as the case may be, its decision that it is not necessary and expedient to frame an improvement scheme forthwith or decides to frame a scheme of a type other than that represented under the foregoing provisions, the State Government may consider the same whether, referred to directly or through the Director.(5)The State Government shall consider every reference made to them under Sub-section (4), and -(a)if they consider that the Planning authority ought, in all circumstances, to have made a decision within the period mentioned in Subsection (2), shall direct the Planning authority to make a decision within such further period as the State Government may think reasonable; or(b)if they consider that it is, in all circumstances, expedient that a scheme should forthwith be framed, shall direct the said authority to proceed forthwith to frame a scheme. Such a direction may specify the type of scheme to be framed.(6)The Planning authority shall comply with every direction given by the State Government under this section.
