Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963

Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (PDF)

Haryana-136x150

(Punjab Act No. 41 of 1963)

hl628

Received the assent of the President of India on the 22nd November, 1963 and first Published in the Punjab Government Gazette (Extraordinary, Legislative Supplement, 30th November, 1963)

An Act to prevent haphazard and sub-standard development along scheduled roads and in controlled areas in the State of [Haryana]

LEGISLATIVE HISTORY 6

· Amended by Punjab Act No. 23 of 1964

· Amended by Punjab Act No. 25 of 1964

· Amended by Haryana Adoption of Laws Order, 1968

· Amended by Haryana Act No. 28 of 1971

· Amended by Haryana Act No. 7 of 1989

· Amended by Haryana Act No. 11 of 1995

· Amended by Haryana Act No. 16 of 1996

· Amended by Haryana Act No. 11 of 1999

· Amended by Haryana Act No. 23 of 1999

· Amended by Haryana Act No. 8 of 2001

· Amended by Haryana Act No. 25 of 2003

· Amended by Haryana Act No. 7 of 2004

· Amended by Haryana Act No. 17 of 2004

· Amended by Haryana Act No. 19 of 2018

Be it enacted by the Legislature of the State of Punjab in the Fourteenth year of the Republic of India as follows :-

Short title and extent.- (1) This Act may be called the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963.

(2) It extends to the Whole of the State of [Haryana].

Object & Reasons6

Statement of Object and reasons. - It has been observed that with the rapid growth of industrialisation and urbanization haphazard buildings are constructed around the growing towns without any care of drainage, water- supply, communication etc., which affects the ultimate welfare of the general public. The activity of buildings can only be regulated within the municipal and notified areas and there is no power to regulate such activity under the present Laws. Hence the bill to check this unregulated growth and to direct development on the proper lines.

See Punjab Government Gazette (Extraordinary) 1963 page 1018.

Statement of Objects and Reasons - Haryana Act No. 7 of 1989. - In order to strictly enforce the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Un-regulated Development Act, 1963, the infringement/violations of this Act is proposed to be made a cognizable offence in accordance with which the offender would be punishable with imprisonment for a term which may extend to 3 years besides being fined. In addition to deal with effectively the problems of unauthorised constructions and other violation of this Act, specific powers have been given to the State Police to initiate action against the offenders for providing effective assistance to the Director, Town and Country Planning, Haryana and other officers dealing with the problems sought to be overcome through this Act.

The Bill seeks to achieve the above object. Haryana Government Gazette (Extraordinary), dated August 22, 1988, page 1312.

Statement of Objects and Reasons. - Under the provisions of Section 3 of the Punjab Scheduled Roads & Controlled Areas Restriction of Unregulated Development Act, 1963, a 100 meters wide restricted belt is required to be maintained on either side of the bye-passes. With the increasing pressure on the land, a limited non-renewable source, it has been observed that reservation of 100 meters wide restricted belt along the bye-passes result in under utilisation of land in urban area. It is, therefore, felt necessary to ensure optimum utilisation of land in urban areas.

With the passage of time, a large number of buildings have come up beyond 30 meters, but within 10 meters restricted belt along the bye-passes in the State. A number of such buildings have been built after approval from various Government Departments, Municipalities and other Government Agencies. It would not be in public interest now to demolish such buildings as it would lead to causing serious human problems.

Provisions of uniform 30 meters wide restricted belt along bye- passes and scheduled road will be adequate for future development of roads and bye- passes and to regulate increased traffic volume. Hence this Bill. Haryana Government Gazette (Extraordinary), dated March 6, 1996, page 530.

Statement of Objects and Reasons - Haryana Act 16 of 1996. - Hon'ble High Court of Punjab and Haryana in C.W.P. No. 6058 of 1994 issued directions to the State Government for removing all constructions falling within 30 meters restricted belt along the scheduled roads which include large number of public/community buildings also. In these buildings lot of public investment has been made by various Government departments/agencies for discharging welfare functions of the State and it will result in a huge economic loss if these buildings are demolished. Therefore, Government has decided to save these community assets and public utility buildings from demolition in the larger public interest by amending Section 3 to exclude the existing public utility buildings and community assets which did not have any profit motive attached thereto.

2. Under Section 7(1) of the Act, the Director grants permission for change of land use to individuals and companies. Apart from these various statutory organisations like HUDA, HSIDC, Housing Board, Corporate Bodies, Local Authorities involved in development of land, colonisers and such others who are exempted from obtaining licence under Act No. 8 of 1975 also develop and dispose off land within the Controlled Area without making any contribution in the form of conversion charges to the State exchequer. The value of land where Change of land use is granted or land development activities are taken up, inceases manifold because of the intensive use of the converted site. Since there is no enabling provision in the Act to levy conversion charges for converting the land use within the controlled area, a suitable provision to levy conversion charges in the first part of the section is required.

3. In order to avoid procedural delays, the local authorities, corporate bodies, licensees and others who are exempted from obtaining licence under Act No. 8 of 1975, are proposed to be exempted from formally applying for change of land use by inserting new sub-section (1-A).

4. The Director is empowered to grant the permission or licence only if the proposal is in conformity with the Development Plan approved and published by the Government. Several proposals are received by Government in the Industries Department and in the department of Town and Country Planning for establishing large industries in core sector and infrastructural projects which envisage huge investment and promise large scale employment opportunities, benefiting the economy as a whole. Difficulty is being experienced in Town and Country Planning Department in respect of cases when such proposals are scrutinised for conformity of location of the project with reference to the restrictions imposed in the Development plan of the controlled Area. Director, Town and Country Planning is not competent to grant permission for change of land use in respect of proposals which do not conform to the land use restrictions. It has been the experience that such applicants usually send their representations to the Government. The Government in the past after seeking the recommendations of Investment Promotion Centre/Investment Promotion Board or on the recommendations of the Department of Industries had been permitting change of land use in such cases. Then as per the directions of the government, Director Town and Country Planning has been issuing formal permission to the concerned applicant for change of land use. This practice has created an anomalous position vis-a-vis the law governing the issue of change of land use.

Any action taken by the Department of Town and Country Planning on the instructions of the Government relating to grant of change of land use, becomes legally untenable. At the same time, there are economic compulsions before the Government while considering such cases. In the modern times of interstate competitive pressure with regard to bagging modern and prestigious industries, Government cannot afford to lose such investment opportunities merely due to legal or procedural complications. Therefore, there is a case for providing power to the Government in the above said Act to relax controls or restrictions in the controlled areas in the interest of industrialisation and economic development of the State. For this purpose new Section 7(A) is proposed to be inserted to empower the government to relax restrictions or conditions in the controlled Area.

The persons aggrieved by the decision of the Director as per the existing provisions may prefer an appeal to the Commissioner of the concerned Division under Section 10 of the Act. However, it has been experienced that in absence of expert advice the Commissioners of different Divisions do not take uniform view in similar cases and some-times such views are even contrary to the provisions of the Acts/Rules and Zoning Regulations, forcing the Government to file petitioners in the Hon'ble High Court and this is leading to unnecessary litigation. The Commissioner and Secretary to Government Haryana Town and Country Planning Department by virtue of being the Administrative Head of the Department is well-versed with the departmental Acts/Rules, Regulations and Policies. Technical and expert advice of highest level is also available to him from the department. Hence, there is a case to make the Commissioner and Secretary to Government Haryana, Town and Country Planning Department, the appellate authority instead of Divisional Commissioners by amending Section 10 of the Act for taking a balanced view of the matter. Hence this Bill. Haryana Government Gazette (Extraordinary), dated November 18, 1996, page 2406.

Statement of Objects and Reasons - Haryana Act 23 of 1999. - To prevent haphazard and sub-standard development along scheduled roads and in controlled areas, the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Act No. 41 of 1963) was enacted in the year 1963. The persons violating the provisions of this Act are served with notices under Section 12(2) by the competent authority.

2. The Punjab and Haryana High Court in its judgment dated 19th November, 1997 passed in CWP No. 8855 of 1996-M/s. United Rice Land Ltd. v. State of Haryana has also observed that provision of appeal contained in Section 10 does not take within its ambit orders passed under Section 12 of the Act. The Hon'ble Court therefore directed to make suitable amendments in above said Act to provide for the constitution of a Tribunal consisting of a retired Judge of the High Court and include among others an officer of the rank of Chief Engineer (serving or retired) having special knowledge of roads, and highways to deal with and examine the cases involving construction made upto 28th April, 1995 in violation of 1963 Act along scheduled roads and otherwise. Such Tribunal shall also be empowered to hear appeals against the orders which may be passed hereafter for demolition of the constructions made in violation of 1963 Act and the rules framed thereunder. Besides this, the Hon'ble High Court also directed to make appropriate amendment for imposition of deterrent fine on the violators of the 1963 Act and the rules.

Since there was no provision for appeal against the orders passed under Section 12 by the Competent Authority and the offenders approach the High Court for remedial measures.

In pursuance of the orders of the Hon'ble High Court, the proposal to make the amendments in sub-sections (1), (2) and (3) of Section 12 and addition of Section 12-C in the Act of 1963 was submitted before the Council of Ministers and the Council of Ministers in its meeting held on 13th January, 1999 approved the proposal of the department. Subsequently, the agenda of the Bill was circulated in the meeting of Council of Ministers held on 1st February, 1999 which was considered with the permission of Chief Minister, Haryana and approved. The Bill was sent to the Speaker, Haryana Vidhan Sabha, Chandigarh with the request to allow the Bill to be introduced in the ensuing session of the Haryana Vidhan Sabha for its approval. The Haryana Vidhan Sabha in its Budget Session approved the Bill with some minor modification in Sub-section (1) of Section 12-C of the Act No. 41 of 1963 i.e. instead of "a Tribunal to be headed by a retired Judge of High Court" the words "a Tribunal consisting of a Chairman in the rank of not less than Financial Commissioner (serving or retired)" was approved and accordingly Haryana Act No. 11 of 1999 was published.

The case has been reconsidered by the Government and it has been felt necessary to amend Section 12-C(1) of Act No. 41 of 1063 providing for appointment of a retired Judge of the High Court as Chairman of the Tribunal through an Ordinance. Accordingly, an Ordinance was issued on 24th August, 1999. Now the Ordinance is to be replaced by an Act of Legislature. Hence this Bill.

Haryana Government Gazette (Extraordinary), dated Nov. 15, 1999, page 2591.

Statement of Objects and Reasons - Haryana Act 25 of 2003. - The abadi-deh as defined in the revenue record are very old and presently with increase in the population and households in the rural settlements these village abadi-deh are expanding beyond this defined limits. The Department of Town & Country Planning has declared controlled areas around towns in the State as well as around institutions and these controlled areas include large number of rural settlements. Any building constructed outside this abadi-deh area within the controlled area becomes illegal and unauthorised building and is liable for action under the provisions of the Act. This leads to harassment of the people who genuinely intend to construct the buildings for residential purposes for their own use. Under Section 22 of The Punjab Scheduled Roads and Controlled Areas Restrictions of Unregulated Development Act, 1963, only the areas comprised in the abadi-deh of a village are exempted from the provisions of the said Act.

The proposed legislation will allow the State Government to identify areas through the District Administration/field offices, which are adjacent to the abadi deh and are restricted to 60% of the existing abadi-deh area which may be required for genuine village expansion and accordingly can be exempted from the provisions of the Act through notification.

Published vide Haryana Government Gazetted (Extraordinary) dated 8th September, 2003, page 1963.

Statement of Objects and Reasons - Haryana Act 17 of 2004. - The department grants various permissions under Section 3, Section 6 and Section 7 of the Act No. 41 of 1963. As per Section 8 of the said Act, a time limit of three months has been prescribed for conveying a decision to the applicant, and in case no such order is passed by the Director in writing during the stipulated three months the permission shall without prejudice to the restrictions and conditions prescribed in the plans published in the official gazette under sub-section (7) of Section 5 be deemed to have been given without imposition of any condition.

It is a constant endeavour of the department to process the cases together with all relevant documents and communicate a decision within the stipulated period. However, where directions have been issued by the Government under Section 11 of the Act, for obtaining the concurrence or approval of the Government, adhering to the stipulated period is a constraint. In such case several levels are involved in decision making and a considerable time is required in assisting the Government and seeking final concurrence. Therefore, in public interest to enable judicious application of mind, it is desirable to relax this time limit of three months for grant of permission in cases where prior/concurrence approval at the level of the Government is necessary.

Hence this Bill. Published vide Haryana Government Gazetted (Extraordinary), dated June 18, 2004, page 1139.

Definitions.- In this Act, unless the context otherwise requires, -

(1) "Agriculture" includes horticulture, dairy farming, poultry farming and the planting and upkeep of an orchard;

(2) "Amenity" includes roads, water supply, street lighting, drainage, sewerage, public parks and any other convenience which the Government may by notification specify for the purposes of this Act;

(3) "Bye-pass" means a road provided as a permanent diversion to a scheduled road, whether such diversion is situated within or without the limits of a local authority and whether it is constructed before or after the commencement of this Act;

[(4) "Commissioner" means Commissioner and Secretary to Government, Haryana, Town and Country Planning Department;]

(5) "Controlled Area" means an area declared under Section 4 to be a controlled area;

(6) "Director" means the Director of Town and Country Planning [Haryana], and includes any person for the time being appointed by the Government by notification to exercise and perform all or any of the powers and functions of the Director under this Act and the rules made thereunder in respect of any scheduled road or controlled area;

(7) "the Government" means the Government of the State of [Haryana].

(8) "Prescribed" means prescribed by rules made under this Act;

(9) "Road reservation, in relation to scheduled road" means the land, whether metaled or unmetilled, which vests in the Government or the Central Government or a local authority for the purposes of such road and the boundaries of which are demarcated by pillars, posts or wires or in any other manner;

[(10) "scheduled road" means a road specified in the Schedule to this Act which is wholly situated within the State of Haryana, and, where, any road so specified is not so situated the portion of such road which is situated in the State of Haryana, and includes a bye-pass or express way but does not include any part of such road or portion, not being a bye-pass or expressway or expressway, which is situated in the limits of a local authority;

Explanation. - For the purposes of this clause 'local authority' means a cantonment board, municipal committee, notified area committee or an improvement trust;]

(11) "building" means any shop, hut, outhouse, shed or stable, whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood mud thatch, metal or any other material whatever; and includes "wall" and "a well";

(12) "erect or re-erect any building" includes -

(a) any material alteration or enlargement of any building;

(b) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;

(c) the conversion into more than one place for human habitation of a building, originally constructed as one such place;

(d) the conversion of two or more places of human habitation into a greater number of such places;

(e) such alteration of a building as affect an alteration of its drainage or sanitary arrangements, or materially effect its security;

(f) the addition of any rooms, building outhouses, or other structures to any building; and

(g) the constructions in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land;.

[(13) "expressway" means a road as may be notified by the Government from time to time in the Official Gazette, and includes the portion of such road which is situated in the State of Haryana, within or outside the limits of a local authority;]

[(14) "location premium" means an amount over and above the prescribed fee and charges that an applicant is willing to pay to the Government to obtain the permission against applications received under sub-section (1A) of section 8, as determined through bidding/auction process in pursuance of the policy issued by the Government in this regard, from time to time.]

Prohibition to erect or re-erect buildings along scheduled roads.- [No person shall erect or reerect any building or make or extend any excavation or lay out any means of access to a road within one hundred meters of either side of the road reservation of a bye-pass or expressway or within thirty meters on either side of the road reservation of any scheduled road not being bye-pass or expressway:]

Provided that nothing in this section shall apply to -

(a) the repair to a building which was in existence immediately before the commencement of this Act or any erection or re-erection of such a building which does not involve any structural alteration or addition therein; or

(b) the erection or re-erection of a building, which was in existence immediately before the commencement of this Act and which involves any structural alteration or addition with the permission of the Director; or

(d) the erection or re-erection of a moter-fuel-filling station or a busqueue-shelter with the permission of the Director [or]

[(e) "the public utility buildings" and "community assets" which were in existence immediately before the commencement of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Second Amendment & Validation) Act, 1996.

Explanation - (1) "Public utility building" means buildings belonging to Government, Government Controlled Organisations, Local Bodies, Voluntary Organisations and individuals which are being used for the benefit of public at large without profit motive; and

(2) "Community assets" means assets belonging to Government, Government Controlled Organisations, Local Bodies, Voluntary Organisations and individuals which are created the beneficial use of public at large without profit motive.]

Declaration of controlled area.- (1) The Government may by notification declare the whole or any part of any area adjacent to and within a distance of -

(a) eight kilometers on the outer side of the boundary of any town; or

(b) two kilometers on the outer side of the boundary of any industrial or housing estate, public institution or an ancient and historical monument, specified in such notification to be controlled area for the purposes of this Act.

(2) The Government shall also cause the contents of the declaration made under sub-section (1) to be published in at least two newspapers printed in a language other than English.

Publication of plans etc. in controlled area.- (1) The Director shall, not later than three months from the declaration under sub-section (1) of Section 4 or within such further period as the Government may allow, prepare plans in the prescribed manner showing the controlled area and signifying therein the nature of restrictions and conditions proposed to be made applicable to the controlled area and submit the plans to the Government.

(2) Without prejudice to the generality of the powers specified in sub-section (1), the plans may provide for any one or more of the following matters, namely:-

(a) the division of any site into plots for the erection or re- erection of any building and the manner in which such plots may be transferred to intending purchasers or lessees;

(b) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;

(c) the development of any site into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out;

(d) the erection or re-erection of buildings on any site and the restrictions and conditions in regard to the open space to be maintained in or around buildings and the height and character of buildings;

(e) the alignment of buildings on any site;

(f) the architectural features of the elevation or frontage of buildings to be built on any site;

(g) the amenities to be provided in relation to any site or buildings on such site whether before or after the erection or re-erection of buildings and the person or authority by whom such amenities are to be provided;

(h) the prohibition or restrictions regarding erection or re-erection of shops, workshops, ware houses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in any locality;

(i) the maintenance of walls, fences, hedges, or any other structural or architectural construction and the height at which they shall be maintained;

(j) the restriction regarding the use of any site for purposes other than the erection or re-erection of building.

(k) any other matter which is necessary for the proper planning of any controlled area and for preventing building being erected or re-erected haphazardly in such area.

(3) The Government may either approve the plans without modifications or with such modifications as it may consider necessary or reject the plans with directions to the Director to prepare fresh plans according to such directions.

(4) The Government shall cause to be published by notification the plans approved by it under sub-section (3) for the purpose of inviting objections thereon.

(5) Any person may, within thirty days from the date of publication of the notification under sub-section (4), send to the Director his objection and suggestion in writing, if any, in respect of such plans and the Director shall consider the same and forward them with his recommendations to the government within a period of sixty days from the aforesaid date.

(6) The Director shall also give reasonable opportunities to every local authority, within whose local limits any land included in the controlled areas is situated, to make any representation with respects to the plans.

(7) After considering the objections, suggestions and representations, if any, and the recommendations of the Director thereon, the Government shall decide as to the final plans showing the controlled area and signifying therein the nature of restrictions and conditions applicable to the controlled area and publish the same in the Official Gazette and in such other manner as may be prescribed.

(8) Provision may be made by rules made in this behalf with respect to the form and content of the plans and with respect to the procedure to be followed, and any other matter in connection with the preparation, submission and approval of the plans.

(9) Subject to the foregoing provisions of this section, the Government may direct the Director to furnish such information as the Government may require for the purpose of approving the plans submitted to it under this section.

Erection or re-erection of buildings etc. in controlled areas.- Except as provided hereinafter, no person shall erect or re-erect any building or make or extend any excavation or lay out any means or access to a road on a controlled area save in accordance with the plans and the restrictions and conditions referred to in Section 5 and with the previous permission of the Director :

Provided that no such permission shall be necessary for erection or re-erection of any building if such building is used or is to be used for agricultural purposes or purposes subservient to agriculture.

Prohibition on use of land in controlled areas.- (1) No land within the controlled area shall, except with the permission of the Director, [and on payment of such conversion charges as may be prescribed by the Government from time to time]be used for purposes other than those for which it was used on the date of publication of the notification under sub-section (1) of Section 4, and no land within such controlled area shall be used for the purposes of a charcoal-kiln, pottery kiln, lime-kiln, brick-kiln or bricks field or for quarrying stone, bajri, surkhi, kankar or for other similar extractive or ancillary operation except under and in accordance with the conditions of a licence from the Director on payment of such fees and under such conditions as may be prescribed :

[Provided that fee of charge leviable, if not paid within the specified period, shall be recoverable as the arrears of land revenue.]

[(1A) Local authorities, firms and undertakings of Government, colonisers and persons exempted from obtaining a licence under the Haryana Development and Regulation of Urban Areas Act, 1975, and authorities involved in land development will also be liable to pay conversion charges but they shall be exempt from making an application under Section 8 of this Act.]

(2) The renewal of such licences may be made [after three years] on payment of such fees as may be prescribed.

[7A. Power of relaxation. - The Government may, in public interest, relax any restrictions or conditions in so far as they relate to land use prescribed in controlled area in exceptional circumstances.]

Application for permission etc. and the grant or refusal thereof.- (1) Every person desiring to obtain the permission referred to in Section 3 or Section 6 or Section 7 or licence under Section 7 shall make an application in writing to the Director in such form and containing such information in respect of the land, building, excavation or means of access to a road to which the application relates as may be prescribed:

[Provided that for such uses for which limited number of permissions have been prescribed, located in such land use zones of various notified development plans, where in the opinion of the Government, the permissions are to be issued after invitation of bids or following an auction procedure in pursuance of the policy framed by the Government in this regard from time to time, such application shall be considered to be valid only if it is filed in response to a notice of the Director and fulfils the prescribed terms and conditions.]

[(1A) All such applications, for which limited number of permissions have been prescribed, received in response to the notice issued by the Director against policy for auction of permissions that are considered to be in order by the Director shall, in addition to the prescribed requirements, also be liable for payment of location premium, as determined through the bidding/auction process, in such manner and in such time frame as conveyed by the Director. The amount received against location premium shall be utilised for provision, maintenance and augmentation of external development works as provided in the Haryana Development and Regulation of Urban Areas Act, 1975 and shall be recovered in addition to the prescribed rates of development charges received against external development works from an applicant, if applicable.]

(2) On receipt of such application the Director, after making such enquiry as he considers necessary, shall by order in writing either :-

(a) grant the permission or licence subject to such conditions if any, as may be specified in the order, or

(b) refuse to grant such permission or licence.

(3) The Director shall not refuse permission to the erection or re-erection of a building which was in existence in a controlled area on the date on which the notification under sub-section (1) of Section 4 was published, nor shall he impose any condition in respect of such erection or re-erection unless he is satisfied, after affording to the applicant an opportunity of being heard, that there is a probability that the building will be used for a purpose, or is designed in a manner, other than that for which it was used or designed on the date on which the said notification was published.

(4) If, at the expiration of period of three months after an application under sub-section (1) has been made to the Director, no order in writing has been passed by the Director, the permission shall, without prejudice to the restrictions and conditions signified in the plans published in the Official Gazette under sub-section (7) of Section 5, be deemed to have been given without the imposition of any conditions;

[Provided that such time limit of three months shall not be applicable to the cases where directions have been issued by the Government under section 11 of the Act and require approval of the State Government accordingly.]

(5) The Director shall maintain such register as may be prescribed with sufficient particulars of all such cases in which permission or licence is given or deemed to have been given or refused by him under this section, and the said register shall be available for inspection without charge by all persons interested and such persons shall be entitled to take extracts therefrom.

[8A. Online receipt and approval. - (1) All functions performed under this Act may also be performed through electronics form and internet.

(2) Without prejudice to the generality of sub-section (1), the functions may include all or any of the followings:-

(a) receipt or acknowledge of applications and payments;

(b) issue of approvals, orders or directions;

(d) approval of plans, grant of occupation certificate etc.;

(e) filing of documents;

(f) issue of notices for recoveries etc.;

(g) maintenance of registers and records;

(h) any other function that the Director may deem fit in public interest.]

Power of entry on land or building for survey, etc.- The Director may authorise any person to enter into or upon any land or building with or without assistants or workman for the purpose of making any enquiry, inspection, measurement or survey or taking levels :

Provided that no entry shall be made except between the hours of sunrise and sunset and without giving twenty-four hours notice to the occupier or owner of such land or building.

Appeals.- Any person aggrieved or affected by an order of the Directors under sub-section (2) of Section 8 granting permission or licence subject to conditions or refusing permission or licence may, within sixty days from the date of such order prefer an appeal to the [Commissioner and Secretary to Government, Haryana, Town and Country Planning Department whose orders]on such appeal shall be final.

[10A. Revision. - The Government may call for the record of any case pending before, or disposed of by any subordinate authority for the purpose of satisfying itself as to the legality or propriety of any proceedings or of any order made therein and may pass such order in relation thereto as it may think fit.]

[10B. Review. - The Director may, either of his own motion or on an application of any party interested, review, and on so reviewing modify, reverse on confirm any order passed by himself or by any of his predecessors in office :

Provided that -

(a) when the Director proposes to review any order passed by his predecessor in office, he shall first obtain the sanction of the Government;

(b) no application for review of an order shall be entertained unless it is made within a period of sixty days from the date of passing of the order, or unless the applicant satisfies the Director that he had sufficient cause for not making the application within that period;

(c) no order shall be modified or reversed unless the parties concerned have been afforded a reasonable opportunity of being heard;

(d) no order against which an appeal has been preferred shall be reviewed.]

Control by Government.- The Director shall carry out such directions as may be issued to him from time to time by the Government for the efficient administration of this Act.
Offences and penalties.- (1) Any person who -

(a) erects or re-erects any building or makes or extends any excavation or lays out any means of access to a road in contravention of the provisions of Section 3 or Section 6 or in contravention of any conditions imposed by an order under Section 8 or Section 10, or

(b) uses any land in contravention of the provision of sub-section (1) of Section 7 or Section 10.

shall be punishable with [imprisonment of either description for a term which may extend to three years and shall also be liable] to fine which may extend to [fifty thousand rupees but not less than ten thousand rupees] and, in the case of a continuing contravention, with a further fine which may extend to [one thousand rupees] for every day after the date of the first conviction during which he is proved to have persisted in the contravention.

[(2) Without prejudice to the provisions of sub-section (1), the Director may, by notice, served by post and if a person avoids service, or is not available for service of notice, or refuses to accept service, then by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be prescribed, call upon any person who has committed a breach of the provisions referred to in the said sub-section to stop further construction and to appear and show cause why he should not be ordered to restore original state or to bring it in conformity with the provisions of the Act or the rules, as the case may be, any building or land in respect of which a contravention such as described in the said sub-section has been committed, and if such person fails to show cause to satisfaction of the Director within a period of seven days, the Director may pass an order requiring him to restore such land or building to its original state or to bring it in conformity with the provisions of the Act or the rules, as the case may be, within a further period of seven days.

(3) If the order made under sub-section (2) is not carried out, within the specified period, the Director may himself at the expiry of the period of this order, take such measures as may appear necessary to give effect to the order and the cost of such measures shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue :

Provided that even before the expiry of seven days period mentioned in the order under sub-section (2), if the Director is satisfied that instead of stopping the erection or re-erection of the building or making or extending of the excavation or laying out of the means of access to a road, as the case may be, the person continues with the contravention, the Director may himself take such measures as may appear necessary to give effect to the order and the cost of such measures, shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue.]

[12A. Duty of police officers. - It shall be the duty of every police office :

(1) to communicate without delay to the Director or any other officer authorised in writing by him, in this behalf, any information which he receives of a design to commit or of the commission of any offence against this Act or any rule or regulation made thereunder.

(2) to assist the Director or any other officer authorised in writing, by him, in this behalf, in the lawful exercise of any power vested in the Director or any other officer authorised in writing by him, in this behalf, under this Act or any rule or regulation made thereunder.]

12B. Power to arrest. - (1) A police officer not below the rank of sub-inspector shall arrest any person who commits, in his view, any offence against this Act or any rule made thereunder, if the name and address of such person be unknown to him and if such person, on demand declines to give his name and address, or gives such name or address which such officer has reason to believe to be false.

(2) The person so arrested shall, without unavoidable delay be produced before the Magistrate authorised to try the offence for which the arrest has been made and no person, so arrested, shall be detained in custody for a period exceeding twenty-four hours without an order from the above mentioned Magistrate.]

[12C. Constitution of Tribunal. - (1) With effect from such date as the Government may, by notification, constitute a Tribunal consisting of [a Chairman who is a retired Judge of the High Court] and a member of the rank of Chief Engineer having special knowledge about roads and highways. If the members of the Tribunal are divided over some matter, the decision of the Chairman of the Tribunal shall prevail.

(2) The Tribunal shall have its sitting at Chandigarh or at any other place as per its convenience.

(3) A person aggrieved by the orders of Director passed under sub-section (2) or sub-section (3), as the case may be, of Section 12 of the Act, may file an appeal to the Tribunal within a period of sixty days and the decision of the Tribunal on such appeal shall be final. The Tribunal shall also hear the cases involving constructions made up to 28th April, 1995 in violation of the Act along scheduled roads and otherwise as if these were appeals against the order of Director. Any case against the orders of Director passed under sub-section (2) or sub-section (3) of Section 12 of the Act pending in any court of law except High Court or Supreme Court shall be transferred to the Tribunal.]

Offences of companies.- (1) Where an offence under this Act has been committed by a company, the company as well as every person incharge of, find responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence as attributable to any neglect on the part of, any Director, Manager, Secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation : For the purposes of this section -

(a) "company" means any body corporate and includes a firm or other association of individuals, and

(b) "director" in relation to a firm is a partner in the firm.

Composition of offence.- (1) The Director or any person authorised by the Director by general or special order in this behalf may either before or after the institution of the proceedings compound any offence made punishable by or under this Act.

(2) Where an offence has been compounded the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.

Trial of offence and special provision regarding fine.- (1) No court inferior to that of [Judicial Magistrate]of the First Class shall be competent to try any offence punishable under this Act.

(2) Notwithstanding anything contained in Section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any [Judicial Magistrate] of the First Class to pass a sentence of fine not exceeding the pecuniary limit specified in the section as in force in any part of the State on any person convicted of an offence punishable under this Act.

Sanction of prosecution.- No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Director or any officer authorised in writing by the Director in this behalf.
Officers to be public servants.- The Director and every other officer or employee acting under this Act or the rules made thereunder shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.
Power to amend the schedule.- The Government may by notification add to the Schedule to this Act any other road not specified therein or omit therefrom any road specified therein, and on the issue of such a notification the Schedule shall be deemed to be amended accordingly.
Delegation.- (1) The Government may by notification direct that any power exercisable by it under this Act, the power specified in sub-section (1) of Section 4, sub-sections (3) and (7) of Section 5, Section 18 and Section 25, shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by such officer or authority subordinate to the Government as may be specified in the notification.

(2) The Director may, with the approval of the Government, by an order in writing delegate any of his powers and functions under this Act or the rules made thereunder to such other officer subordinate to him as may be specified in such order.

Indemnity.- (1) No suit, prosecution or other legal proceedings shall lie against any person in respect of any thing which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

(2) No suit or other legal proceeding shall lie against the government for any damage caused by anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

Bar of jurisdiction of civil courts.- No civil court shall have any jurisdiction to entertain or decide any question relating to matters falling under this Act or the rules made thereunder.
Exemption.- Nothing in this Act shall apply to -

(a) the area comprised in the abadi deh of any village;

[(aa) the area adjacent to the abadi deh of any village which the Government identifies for village expansion through a notification published in the official Gazette, specifically to this effect subject to the condition that this area shall not exceed sixty percent of the existing village abadi deh]

(b) the erection or re-erection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard, place of worship, cenotaph or samathi on land which, on the date of publication, of the notification under sub-section (1) of Section 4, is occupied by or for the purpose of such worship, tomb, cenotaph, graveyard or samadhi;

(d) the construction of an unmetalled road intended to give access to land for agricultural purposes or purposes subservient to agriculture.

Effect of other laws.- (1) Nothing in this Act shall affect the operation of-

(a) the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act I of 1953);

(b) [* * * * *]

(d) [* * * *]

(2) Save as aforesaid, the provisions of this Act and the rules made thereunder shall effect notwithstanding anything inconsistent therewith contained in any other law.

(3) Notwithstanding anything contained in any such other law -

(a) when permission required under this Act for doing any act or taking any action in respect of any land has been obtained, such act or action shall not be deemed to be unlawfully done or taken by reason only of the fact that permission, approval or sanction required under such other law for doing such act or taking such action has not been obtained;

(b) when permission required under this Act for doing such act or taking such action has not been obtained, such act or action shall not be deemed to be lawfully done or taken by reason only of the fact that permission, approval or sanction required under such other law for the doing of such act or the taking of such action has been obtained.

Savings.- Nothing in this Act shall affect the power of the Government or any other authority to acquire land or to impose restriction upon the use and development of land law for the time being in force, or to permit comprised in the controlled area under any other the settlement of a claim arising out of the exercise of powers under this Act by mutual agreement.
Power to make rules.- (1) The Government may, by notification and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-

(a) the manner, in which the plans in respect of controlled area shall be prepared under sub-section (1) of Section 5;

(b) the other manner in which the final plans in respect of a controlled area shall be published;

(c) the Form and contents of the plans in respect of a controlled area and the procedure to be followed and any other matter in connection with the preparation, submission and approval of the plan;

(d) the conditions on which the licences under Section 7 shall be granted or renewed and the fees to be charged for the grant and renewal thereof;

(e) the form in which application for permission or licence shall be made under sub-section (1) of Section 8 and the information which shall be furnished therein;

(f) the principles and condition under which applications for permission or licence under this Act may be granted or refused;

[(ff) the recovery of the arrears fee and charges under Section 7;]

(g) the form and manner in which the register referred to in sub- section (5) of Section 8 shall be maintained;

(h) the procedure to be followed in hearing appeals under [Sections 10 and 12C], the fees to be paid in respect of, and the document which shall accompany such appeals; and

(i) any other matter which may be prescribed.

The Schedule

[See Sections 2(10) and 18]

(1) Grand Trunk Road (from Delhi to Amritsar and on the border with Pakistan)

(2) [* * * * *]

(3) Delhi-Mathura Road,

(4) Delhi-Alwar Road.

(5) Delhi-Hissar-Sulebanki Road.

(6) Ambala-Kalka Road.

(7) [* * * * *]

(8) [* * * * *]

(9) [* * * * *]

(10) Panipat-Rohtak-Bhiwani Road.

(11) [* * * * *]

(12) Gurgaon-Delhi Road via Qutab.

(13) Sonepat-Rohtak Road

(14) Kharkhauda-Delhi border Road.

(15) Sonepat-Murdha Road

(16) Sonepat-Rathdana Road.

(17) [* * * * *]

(18) Sonepat-Gohana Road.

(19) [* * * * *]

[(20) [* * * * *]

(21) [* * * * *]

(22) [* * * * *]

(23) Ambala-Patiala-Sangrur-Barnala-Bhatinda-Malout-Abohar-Rajasthan Border towards Hanumangarh Road.

(24) [* * * * *]

(25) [* * * * *]

(26) [* * * * *]

(27) [* * * * *]

(28) Patiala-Patran-Narwana-Jind Road.]

[(29) Sonepat-Bahalgarh Road starting from Sonepat upto Haryana-U.P. Border.]

[(30) [Delhi-Jaipur Road (Portion falling in Haryana State from Gurgaon to State boundary with Rajasthan).]

(31) New Haryana State Highway direct from mile No. 8 of Ambala-Jagadhri Road to Panchkula through Haryana Territory.

(32) Jind-Gohana Road.

(33) Yamuna Nagar-Billaspur-Sadhaura-Naraingarh-Raipur Rani-Barwala Road.

(34) Ambala-Pehowa-Kaithal-Narwana-Uklana-Fatehabad Road.

(35) Ambala-Jagadhri Road.

(36) Saharanpur-Yamuna Nagar-Ladwa Pipli-Pehowa-Guhla Road.

(37) Kamal-Kaithal Road.

(38) Kaithal-Deoban-Nikuran-Jind Road (Section Deoban to Nikuran).

(39) Panipat-Assandh-Deoban-Kaithal Road.

(40) Karnal-Assandh-Jind-Hansi Road.

(41) Jind-Rohtak-Jhajjar-Rewari Road.

(42) Narnaul-Mohindergarh-Dadri-Bhiwani-Hansi-Barwala-Tohana Road.

(43) Hissar-Sewani-Singhni Road.

(44) Bhiwani-Loharu Road.

(45) Hissar-Tosham-Bhiwani Road.

(46) Bahadurgarh-Jhajjar-Kosli-Kanina-Mohindergarh Road.

(47) Jhajjar-Dadri-Loharu Road.

(48) Bahadurgarh-Badli-Gurgaon-Pali-Ballabgarh Road.

(49) Palwal-Sohna-Rewari-Narnaul Road.

(50) Uklana-Hissar Road.

(51) Gohana-Meham-Bhiwani Road.

(52) Jind-Safidon Road.

(53) Jhajjar-Sampla-Kharkhauda Road.]

(54) [Gurgaon-Faridabad Road]

(55) [Delhi-Gurgaon (via Dundahera) Road.

(56) Kala-Amb-Ambala Road.

(57) Kala-Amb-Sadhaura-Shahbad Thol Road.

(58) Jagadhari-Paonta Road.

(59) Kunjpura to Karnal Road.

(60) Kaithal to Khanauri upto State Border.

(61) Jind-Barwala-Agroha-Adampur-Bhadra (Upto Rajasthan Border)

(62) Hansi-Tosham-Satnali.

(63) Jind-Mundhal-Bhiwani Road.

(64) Rewari-Dahina-Kanina Road.

(65) Mohindergarh-Satnali-Loharu.

(66) Gurgaon-Rewari Road via Pataudi (Upto Rajasthan Border).

(67) Narnaul-Singhana (Upto State Boundary).

(68) Karnal-Kaur-Peohwa-Patiala.

(69) Karnal-Ladwa-Shahbad.

(70) Gohana-Safidon (via Jagsi)

(71) Kaithal-Patiala Road (Upto Haryana Border)

(72) Shahajahanpur to Rewari.

(73) Jhajjar-Farukhnagar Chandu Road.

(74) Nizampur-Narnaul.

(75) Sewani Jhumpa-Rajgarh.

(76) Budhlana-Ratia-Fatehabad-Bhattu-Bhadra.

(77) Sardulgarh-Sirsa-Ellenabad.

(78) Mile 8 from Saha on Ambala-Jagadhri Road to Shahbad.

(79) Panipat to Sanauli upto U.P. Border.

(80) Faridabad to Dankaur upto U.P. Border.

(81) Dabwali-Chautala (Upto State Border).

(82) Pinjore-Nalagarh (Upto State Border)

(83) Panchkula-Morni Road.

(84) Jhajjar-Badli to Delhi Border.

(85) Satnali-Bhadra Jui-Kairu-Tosham.

(86) Dadri-Jhajju Kalan-Kadam Satnali.

(87) Nizampur-Nangal-Durgu-Nangal Chaudhry.

(88) Narunaul-Nangal Chaudhry-Badhwal.

(89) Hodel-Punhana Nagina.

(90) Hodel-Utwar-Nuh-Taoru-Pataudi-Patauda.

(91) Pali-Dhauj-Sohna.

(92) Palwal-Hathin-Utwar-Bhadas.

(93) Palwal-Mandokoula-Nuh Road.

(94) Mehrauli-Gurgaon Road to Faridabad.]

[(95) Karnal-Meerut Road (Upto U.P. Border).

(96) Approach road from Panipat-Sanauli Road to village Kala Amb (Historical place).]

Notifications

Selected Notifications under Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963)

Haryana Government, Town and country Planning Department, Order dated the 27th December, 2005

No. 18655. - In exercise of the powers conferred by Section 11 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act No. 41 of 1963), Governor of Haryana hereby makes the following directions to the Director, Town and Country Planning, with reference to implementation of Haryana, Industrial Policy-2005, for facilitation for industrial units coming up in areas developed by State Agency :-

In case of (Industrial Building with an area of 450 square meters and above, the building plans will not be submitted to the Director, Town and Country Planning or any other officer enjoying the delegated powers of the Director as the approval of the building plans will be in the form of self- certification by the registered Architect under the Architect Act, 1972, in the ambit of its applicability under the Punjab Schedule Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965.
Sanction order in the form BR-III will not be necessary in case of industrial plot where the building plans would be deemed to be sanctioned on the basis of a certificate from the registered Architect under the Architect Act, 1972; regarding the building plan being in conformity with the applicable rules.
In case of Industrial building, the validity of plans will be for the period of five years if building has been put to use after partially completion in accordance with Rule 47 of the Punjab Schedule Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965, with the stipulated period of two years.
In case of industrial building in the industrial areas developed by State Agencies, occupation certificate will be self-certified by the allottee with the recommendation of the Architect registered under the Architect Act, 1972, of Construction supervisor/Civil/Structural Engineer. A variation if not sanctionable shall have to be compulsorily rectified to conform to norm otherwise self-certified Damp Proof Course and occupation certificate shall be void ab initioand resultantly the entire building shall be a compoundable offence at double the rates fixed by the Competent Authority. Fixing of machinery and other attachments necessary for the industrial unit shall not be considered as the building occupied. One set of such certificate completion plan along with certificate regarding structural safety, fire safety and that of supervising Civil Engineer, Architect shall be submitted to the Director of record.
For every breach, if compoundable, the penalty will be double the rates fixed by Competent Authority, as the case may be, for such offences.
The State agency should suitably modify policy, if required with reference to Haryana Industrial Policy-2005 accordingly.

No. 14/36/2002-6CI. - The Governor of Haryana is pleased to notify the following conversion charges, leviable in the cases of grant of permissions for change of land use and licenses for setting up of colonies in the controlled areas declared under the Punjab Scheduled Roads and Controlled Areas Restrictions of Unregulated Development Act, 1963 and the Haryana Municipal Act, 1973 in the limits of the Municipalities of the State :-

Conversion charges for Municipal Areas

Classification of Areas	Conversion Charges in Rs. per Sq. Meters For
	Residential	Commercial	Institutional & Recreational	Industrial purpose Government Development Agencies and Private Developer	Individual Developer (CLU Cases)
1	2	3	4	5	6
	Rs.	Rs.	Rs.	Rs.	Rs.
1. High Potential Zone : Gurgaon, Faridabad and Panchkula	90	835	60	34	50
2. Medium Potential Zone : Panipat, Sonepat & Bahadurgarh	60	300	30	17	25
3. Low Potential Zone (I) : Yamuna Nagar, Ambala City, Ambala Sadar, Thanesar, Karnal, Rohtak, Hisar, Sirsa, Bhiwani, Jagadhari, Palwal, Rewari and Kaithal	30	150	4	4	8.5
4. Low Potential Zone : (II) (Rest of Municipalities)	4	60	2	2	5

[Published vide Haryana Government Gazette (Extraordinary) dated 9.5.2002.]

No. DTCP/STP(E)-2002/921. - In exercise of the powers conferred by clause (6) of Section 2 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Act No. 41 of 1963), and all other powers enabling him in this behalf, the Governor of Haryana hereby appoints all Sub Divisional Magistrates in Haryana to exercise and perform all the powers and functions of the Director under Sections 9 and 12 of the said Act in respect of the said areas under their jurisdiction. [Published vide Haryana Government Gazette (Extraordinary) dated 5.3.2002.]

No. DTCP/STP(E)-Misc.73/3284. - In exercise of the powers conferred by clause (6) of Section 2 of the Punjab Scheduled Roads and Controlled Areas restriction of Unregulated Development Act, 1963, (Punjab Act 41 of 1963), and all other powers enabling him in this behalf, the Governor of Haryana hereby appoints the Deputy General Managers of National Highways Authority of India, in respect of National Highway No. 1, National Highway No. 2 and National Highway No. 8 passing through Haryana Territory, to exercise and perform all the powers and functions of the Director under Sections 9 and 12 of the said Act, in respect of such National Highways i.e. within their respective jurisdiction or portions thereof inside the controlled area, declared under Section 4 of the said Act. [Published vide Haryana Government Gazette (Extraordinary) dated 14.5.2002]

Notification No. 5DP-2001/7615 dated 4.6.2001 - In exercise of the powers conferred by clause (f) of Section 2 of the Haryana Development and Regulation of Urban Areas Act, 1975 and all other powers enabling him in this behalf, the Governor of Haryana hereby appoints the Director, Urban Development, Haryana, as the Director, Town and Country Planning, Haryana, to exercise and perform all the powers and functions of the Director under Sections 3, 4, 5, 6, 7, 7A, 8, 9, 10, 11, 11 A, 13, 17 and 21 of the said Act within the existing Municipal limits of the State of Haryana.

Notification No. 5 DP-91/2001-dated 14.2.1991 - The Governor of Haryana by virtue of the powers vested in him under Section 2(6) of the Punjab Schedule Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, is pleased to appoint the Administrator, Haryana Urban Development Authority at Faridabad, Gurgaon, Hisar and Panchkula as Director, Town and Country Planning Department to exercise and perform the powers and functions of the Director under Sections 9, 12 and 16 of the said Act, for their respective jurisdictions.

Notification No. 5 DP-91/2008-dated 14.2.1991 - The Governor of Haryana, by virtue of the powers vested in him under Section 2(f) of the Haryana Development and Regulation of Urban Areas Act, 1975, is pleased to appoint the Administrator, Haryana Urban Development Authority, at Faridabad, Gurgaon, Hisar and Panchkula as Director, Town and Country planning Department to exercise and perform the powers and functions of the Director under Sections 10 and 12 of the said Act.

Notification No. 3413/21 CP-781/1062 dated 11.9.1978 - In exercise of the powers conferred by clause (6) of Section 2 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963) the Governor of Haryana hereby appoints the Chief Administrator, Faridabad Complex, to exercise and perform all the powers and functions of Director in respect of Scheduled Roads within his jurisdiction for the purpose of Sections 3, 8, 9, 12 and 16 of the said Act.

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