Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965

Published vide Punjab Government Notification No. G.S.R. 105/P.A. 41/63/S. 25/65. dated 26.5.1965

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No. G.S.R. 105/P.A. 41/63/S. 25/65. - With reference to Punjab Government notification No. GSR 8/P.A.41/63/S. 25/65, dated the 22nd January, 1965, and in exercise of the powers conferred by Section 25 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, the Governor of Punjab is pleased to make the following rules, namely :-

Part I

  1. Short title and commencement.- (1) These rules may be called the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965.

(2) They shall come into force at once.

  1. Definitions.- In these rules unless the context otherwise requires :-

(a) "Act" means the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963;

(b) "Colony" means an area of land within a controlled area, which is developed or proposed to be developed for the purpose of subdividing it into plots for residential, commercial, industrial or other purpose;

(c) "Coloniser" means an individual, company or association or body of individuals whether incorporated or not including a Co-operative Society owning or acquiring or agreeing to own or acquire, whether by purchase or otherwise, land for the purpose of setting up a colony;

(d) "Development Plan" means the final plan notified in the official Gazette under sub-section (7) of Section 5;

(e) "Form" means a form appended to these rules;

(f) "Section" means a section of the Act;

(g) "Sector" means any part of the controlled area indicated as such in the Development plan;

(h) "Section Plan" shall mean the Plan as proposed under rule 8 and kept in the office of the Director showing the layout of a sector and in particular defining the main road system and approximate location of sites for shopping centre, schools and other public buildings and major open spaces within the sector.

Part II

Control Along Scheduled Roads and Bye-passes Outside the Controlled Areas

  1. Registration of existing buildings along Scheduled Roads and bye-passes. - [Sections 3 and 25(1)].- (1) The Director shall, as soon as may be, cause a survey of all scheduled roads including bye-passes thereof to be carried out and prepare a liner map on a scale of 200 feet to 1 inch indicating all such buildings, excavations and means of access to the aforesaid road and bye- passes which were in existence immediately before the commencement of the Act and which lie within 100 meters on either side of the road reservation in the case of bye-pass and within 30 meters on either side of the road reservation in the case of a schedule road.

(2) The Director shall maintain a register in Form SR I showing all the buildings, excavations and means of access to roads indicated in the map prepared under sub-rule (1).

(3) The Director as well as the official conducting the survey referred to in sub-rule (1) shall sign each page of the register maintained under sub-rule (2) in token of correctness of the entries made therein.

(4) The Director shall, on application by any member of public make available, the map referred to in sub-rule (1) and the register referred to in sub-rule (2), for inspection free of cost.

(5) The Director may after making such enquiries as he considers necessary, amend such map, or register, as the case may be, if it is found to be wrong in any particulars.

  1. Application for permission under Section 3. [Sections 3, 8(1) and 25(2)(e)].- (1) Every person requiring permission of the Director for -

(a) Erection or re-erection of a building which was in existence immediately before the commencement of the Act and which involves any structural alteration or addition.

(b) laying out any means of access to a road; or

(c) erection or re-erection of a motor fuel-filling station or a bus queue-shelter within 30 meters on either side of a road reservation of a scheduled road, or within 100 meters on either side of a road reservation of a bye-pass, lying outside a controlled area, shall make an application to the Director in Form SR II accompanied by plans and documents mentioned therein.

(2) The site plans mentioned in the application shall be drawn to a scale of not less than 40 feet to 1 inch and indicate :-

(a) the boundaries of the site;

(b) the outline of the proposed building with outer dimensions mentioning therein the total area to be covered;

(c) existing building, if any, by distinct notation.

(3) The building plans mentioned in the application shall be drawn to a scale of not less than 1/8 inches to a foot and indicate -

(a) the plan of all the floors of the building;

(b) elevations in typical sections (only in case of motor fuel- filling stations or bus queue-shelter); and

(c) the plinth level with reference to the level of the centre line of the scheduled road or bye-pass, as the case may be.

  1. Principles and conditions under which application under rule 4 may be granted or refused [Sections 3, 8(1) and 25(2)(f)].- No permission shall be granted on an application submitted under rule 4, unless :

(a) the erection or re-erection of the building conforms to the building rules contained in part VII of these rules;

(b) means of access takes off from an existing road or revenue rasta already adjoining the schedule road or conforms to Traffic requirements of the scheduled road as determined from time to time by the Director; and

(c) erection or re-erection of a fuel-filling station or bus-queue- shelter is in accordance with the designs and specifications laid down by the Director, from time to time

  1. Information necessary to validate application under rule 4. [Sections 3, 8(1) and 25(2)(e)].- No application under rule 4 shall be considered to be valid unless :

(i) it is made on the prescribed form and all the necessary information required to be filled in that form is given; and

(ii) where necessary, it is accompanied by the requisite number of the site plans, building plans and other documents.

In case of failure to submit the application in the aforesaid manner the application together with the plans and documents shall be returned to the applicant for resubmission in accordance with the rules.

  1. Form in which order under Section 8(2) is to be passed. [Sections 8(2) and 25(1)].- After an application on the prescribed form containing the requisite information and accompanied by necessary documents as mentioned in rule 4 is received, the Director shall, after making such inquiry as he considers necessary, pass an order under sub-section (2) of Section 8 in Form SR-III.

Part III

Preparation of Development Plans

  1. Contents of Plans of Controlled area. [Sections 5(1) and 25(2)(e)].- Plans of a controlled area prepared under sub-section 5 shall consist of :-

(i) a map showing existing land use including existing building;

(ii) a map showing :-

(a) areas reserved for major land uses such as residential, industrial, commercial and warehousing;

(b) areas reserved for public and community amenities, such as civic centres and educational, recreational and social institutions and major open spaces;

(c) main lines of roads, railways, airports and areas reserved for major public utility services, such as treatment of water supply, disposal of drainage and electricity and gas installations;

(d) lands reserved for major green rural belts;

(e) special areas of aesthetic, sentimental or historic value which require protection;

(f) lands liable to flooding or subsidence; and

(g) stages in which areas reserved for major land uses and the sectors will be permitted to be developed having regard to compact and economical development.

Explanation. - This map may show the above reservations required for the controlled area as a whole and may not show the above reservations within a sector for which a sector plan shall be prepared as and when required;

(iii) A note explaining the proposals illustrated on the map; and

(iv) Zoning regulations containing :-

(a) types of buildings and ancillary and allied uses which may be permitted within a major land use referred to in clause (ii) (a) above; and

(b) any special or general restrictions applicable to a specific part or parts of the controlled area.

  1. Publications of development plans for inviting objections. [Sections 5(4) and 6].- A copy of the development plan as notified by the Government under sub-section (4) of Section 5 shall sent by the Director to every local authority within whose limits any land included in the controlled areas is situated so as to enable it to [make any representation within a period of three months it may like]to make with respect to the plan.
  2. Publication of final development plans. [Sections 5(7) and 25(2) (b)]- The development plan as notified by the Government under sub-section (7) of Section 5 shall in addition to its publication in the official gazette be published by displaying copy thereof at a conspicuous place at the office of the -

(i) Director;

(ii) Estate Officer, if any, having jurisdiction in the controlled area;

(iii) Deputy Commissioner of the district in which the controlled area is situated; and

(iv) Panchayat Samiti or Samitis in which the controlled area is situated.

Part IV

Development of Colonies in Controlled Areas

  1. Application for permission under Section 7 in case of coloniser [Sections 8 and 25(2)(e)].- (1) Every coloniser intending to change the existing use of the land in a controlled area for the purpose of setting up a colony by sub- dividing and developing the said land into building plots for residential, industrial, commercial or other purpose shall make an application in writing to the Director in Form CL-I, accompanied by the following plans and documents in triplicate :-

(i) Copy or copies of all title deeds and/or other documents showing the interest of the coloniser in the land under the proposed colony along with a list of such deed and or other documents.

(ii) A copy of the Shajra plan showing the location of the colony along with the name of the revenue estate, khasra number of each field and the area of each field.

(iii) A guide map on a scale of not less than 6" to a mile showing the location of the colony in relation to surrounding geographical features to enable the identification of the land.

(iv) A survey plan of the land under the colony on a scale of 1" to 1 feet showing the spot levels at a distance of 100 feet and where necessary, contour plans. The survey will also show the boundaries and dimension of the said land, the location of streets, buildings and premises within a distance of at least 100 feet of the said land and existing means of access to it from existing roads.

(v) Layout plan of the colony on a scale of 1" to one hundred feet, showing the existing and proposed means of access to the colony, the width of streets, sizes and types of plots, sites reserved for open space community buildings and schools with area under each and proposed buildings lines on the front and sides of plots.

(vi) An explanatory note explaining the salient features of the proposed colony, in particular the sources of water supply, arrangement for disposal and treatment of storm and sullage water and sites for disposal and treatment of storm and sullage water.

(vii) Plans showing the cross-sections of the proposed roads showing in particular width of the proposed carriageways, cycle tracks and footpaths green verges, position of electric pole and or any other works connected with such roads.

(viii) Plans as required under clause (vii) indicating, in addition the position of sewers, storm water channels, water supply and any other public health services.

(ix) Detailed specifications and designs of road works under clause (vii) above and estimated cost thereof,

(x) Detailed specifications and design of sewerage, storm water and water-supply schemes with estimated costs of each.

(xi) Detailed specifications and designs for disposal and treatment of storm and sullage water and estimated costs of works.

(2) The triplicate plans mentioned in sub-rule (1) shall be clear and legible azo prints with one set mounted on cloth.

(3) Where a coloniser, before submitting an application under sub-rule (1) wants to ascertain if the proposed change in the use of land in the controlled area for the purpose of setting up a colony, is in conformity with the development plan and the lay-out of the sector plans, and that such land provides for satisfactory arrangements for disposal and treatment of sewage and storm water and does not conflict with any programme of acquisition of land and its development to be undertaken by the Director, he may submit to the Director a preliminary application giving information only in respect of clause (ii), (iii), (iv), (v) and (vi) of sub-rule (1). On receipt of the preliminary application the Director shall after making such enquiry as he considers necessary, intimate to the applicant the information on the above points.

  1. Percentage of area under roads and open spaces in the layout plans [Section 25(2)(f)].- In the layout plan of the colony, the land reserved for roads, open spaces, schools, public and community buildings and other common uses shall not be less than forty-five per centum of the gross area of the land under the colony; provided that the Director may reduce this percentage to a figure not below thirty-five where in his opinion the planning requirements and the size of the colony so justify.
  2. Development works to be provided in the colony. [Section 25(2)(f)].- The designs and specification of the development works to be provided in a colony shall include -

(i) metalling of roads and paving of footpaths;

(ii) turfing and plantation with trees of open spaces;

(iii) street lighting;

(iv) adequate and wholesome water-supply;

(v) sewers and drains both for storm and sullage water and necessary provision for their treatment and disposal; and

(vi) any other works that the Director may think necessary in the interest of proper development of the colony.

  1. Conformity of layout plans with the Development Plan [Section 25(2)(f)].- The plans and documents mentioned in rule 11 to be submitted alongwith the application shall conform to the provisions, restrictions and conditions laid in the Development Plan.
  2. Preparation of layout on payment of fees [Section 25(1)].- A coloniser intending to make an application under rule 11 may request that any or all the plans and documents referred to in clauses (iv) to (xi) of sub-rule (1) of rule 11 may be got prepared for him by the Director on payment of such fees as may be assessed by Director.
  3. Information necessary to validate application under rule 11 [Sections 3(f) and 25(2)(c)].- No application under rule 11 shall be considered to be valid until plans and documents required by sub-rule (1) of that rule have been furnished to the satisfaction of the Director. In case of failure of such compliance, the application together with the plans and documents shall be returned to the colonizer for resubmission in accordance with the rules.

[16A. Earnest Money. - (1) Before proceeding under rule 17 or rule 18, the Director shall, by order in writing, require the colonizer to furnish, within a period of thirty days from the date of service of such order, an earnest money at the rate of [one rupee] per square yard calculated for the gross area of the land under the proposed colony in the form of a demand draft in favour of the Director and drawn on any Scheduled Bank at Chandigarh :

Provided that the Director may, for reasons to be recorded in writing, extend such time by a period not exceeding thirty days.

(2) If the colonizer fails to furnish the earnest money as provided in sub-rule (1), the Director shall reject his application.]

  1. Rejection of application. [Sections 8(2) and 25(2)(b)].- On receipt of an application under rule 11, the Director shall, after making such inquiry, as he considers necessary and after giving reasonable opportunity of being heard to the applicant by an order in writing refuse to grant permission, if -

(a) it does not conform to the requirements of rules 12, 13 and 14;

(b) he is satisfied that the plans and designs of the development works submitted with application are not technically sound and workable; or

(c) he is satisfied that the estimated expenditure on water-supply mains or extramural and outfall sewers at the stage of the development of that part of the controlled area is incommensurate with the size of the colony.

  1. Applicant to be called upon to fulfill certain conditions. [Sections 8(2) and 25(2)(f)].- (1) If, after scrutiny of the plans and other necessary enquiry which the Director may deem fit, he is satisfied that the application is fit for the grant of permission, he shall, before granting permission, call upon the colonizer to fulfill the conditions laid down in rule 19 within a period of thirty days from the date of notice given to him under a registered cover.

(2) If the colonizer fails to fulfill these conditions within the period specified in sub-rule (1), the permission shall be refused.

  1. Conditions required to be to fulfilled by colonizer [Sections 8(3) and 25(2)(f)]- The colonizer shall -

[(a) furnish to the Director a bank guarantee equal to 25 per centum of the estimated cost of the development of any one or more of the works as mentioned in rule 13, which the colonizer wishes to undertake first, as certified by the Director and he shall enter into agreement in form CL-II for carrying out and completion of development works in accordance with the permission finally granted provided that the colonizer shall undertake any such development work only after the permission for such a work has been given by the Director after the colonizer has furnished a bank guarantee equal to twenty-five per centum of the estimate cost of said development work/works.]

(b) [---]

(c) undertake to pay proportionate development charges as and when required and as determined by the Director in respect of laying out and construction of main lines of roads, drainage, sewerage, water-supply and electricity, if any when so laid by the Government or any other local authority;

(d) undertake to be responsible for the maintenance and upkeep of all roads, open spaces, public parks and public health services for a period of five years from the date of issue of the completion certificate under rule 22 unless earlier relieved of this responsibility by the Government or a local authority, as the case may be, and thereupon to transfer all such roads, open spaces, public parks and public health services free of costs to the Government or the local authority, as the case may be;

(e) undertake to construct at his own cost or get constructed by any other institution or individual at its own cost, schools, hospitals, community centres and other community buildings on the land set apart for this purpose or undertake to transfer to the State Government at any time it may desire free of cost the land set apart for schools, hospitals, community centres and community buildings, in which case the Government shall be at liberty to transfer such land to any person or institution including a local authority on such terms and conditions as it may deem fit, and

(f) undertake to permit the Director or any other officer authorised by him in this behalf to inspect the execution of the layout and the development works in the colony and to carry out all directions issued by him for ensuring due compliance of the execution of the layout and development works in accordance with the permission granted.

  1. Grant of permission and form of order of grant or refusal to grant permission. [Sections 8(2) and 25(1)].- (1) After the colonizer has fulfilled all the conditions laid down in rule 19 to the satisfaction of the Director, the Director shall grant the permission.

(2) Every order passed under sub-section (2) of Section 8 on an application submitted under rule 11 shall be in Form CL-III.

  1. Duration of Sanction. [Sections 8(2) and 25(2)(f)].- (1) The permission granted under rule 20 shall remain valid for a period of three years from the date of order during which period all works in connection with the laying out and development of colony shall be completed and a certificate of completion obtained from the Director as provided in rule 22 :

Provided that permission may be renewed up to further period of two years if the Director is satisfied that the delay in execution of layout and development works was for reasons beyond the control of the colonizer :

[Provided further that if the permission granted under rule 20 is based on the colonizer's furnishing guarantee for one development work, or more than one development work separately, the permission granted for rule work or work shall remain valid for a period of one year from the date of order, during which period such work/works shall be completed and a certificate to that effect obtained from the Director.]

(2) The colonizer shall commence the laying out of the colony and development works within three months of the issue of Order under sub-rule (1) of rule 20.

  1. Completion certificate [Section 25(1)(2)(f)].- (1) After the colony has been laid out according to the approved layout plans and development works have been executed according to the designs and specifications as approved in the order granting permission, the colonizer shall make an application to the Director in From CL-IV.

(2) After such scrutiny, as may be necessary, the Director may issue a completion certificate in Form CL-V or refuse to issue such certificate stating the reasons for such refusal.

  1. Transfer of sanction [Section 25(2)(f)].- (1) The colonizer shall not be entitled to transfer the permission granted to him under sub-rule (1) of rule 20 to any other person or persons without the prior permission in writing of the Director.
  2. Revocation of permission [Section 25(2)(f)].- (1) Should the Director determine at any time that the execution of the layout plans and the construction of other work is not proceeding according to the permission granted under sub-rule (1) of rule 20 or is below specifications or is in violation of any provision of these rules or of any law or rules for the time being in force, he shall by a notice in Form CL-VI notify the colonizer, to whom permission was granted, requiring to remove the various defects within the time specified in the notice.

(2) Should the colonizer fail to comply with the requirements detailed in the notice issued under sub-rule (1), the Director shall issue him a further notice in Form CL-VII to afford him an opportunity to show cause why the permission granted should not be revoked.

(3) After hearing the colonizer or considering such representation as he may make, the Director may either revoke the permission or may grant him further time for complying with the requirements of the notice issued under sub-rule (1). If, however, the colonizer does not comply with the said requirements within such extend period, the Director shall revoke the permission.

(4) On the revocation of the permission no further works shall be undertaken or carried out by the colonizer unless fresh permission has been obtained.

(5) After revocation of the permission, the Director may himself carry out or cause to be carried out the development works in the colony, and recover such charges as he may incur on the said development works from the earnest money deposited by the colonizer and the bank guarantee furnished by him under rule 19.

[25. Refund of Earnest money [Section 25(2)(f)]. - Such charge as may be determined by the Director for the scrutiny of the plans, estimates and works in respect of colony shall be deducted from the earnest money deposited by a colonizer under rule 16-A and the balance, if any, shall be refunded to him within six months of the rejection under rule 17 or grant of permission under rule 20.]

  1. Release of Bank Guarantee [Section 25(2)(f)].- After the layout and development works or part thereof in respect of the colony or part thereof have been completed and a completion certificate in respect thereof issued, the Director may, on an application in this behalf from the colonizer, release within a period of six months of the date of the application, the bank guarantee or part thereof, as the case may be, after adjusting the expenditure, if any, incurred as provided under rule 24(5) : provided that if the completion of the colony is taken in parts only the part of the bank guarantee corresponding to the part of the colony completed shall be released: and provided further that always 1/5th bank guarantee shall be kept unreleased to ensure upkeep and maintenance of the colony or the part thereof, as the case may be, for a period of 5 years from the date of issue of the completion certificate under rule 22 or earlier till such time as the colonizer is earlier relieved of the responsibilities in this behalf by the Government or a local authority, as the case may be.

[Part IV-A]

Change of Land Use in Controlled Areas

26A. Application for permission under Section 7 in case of a person other than colonizer. - Every person other than a colonizer intending to change the existing use of the land in a controlled area for the purpose of developing the said land into buildings for residential, industrial, commercial or other purposes shall make an application in writing to the Director in Form CLU-1, accompanied by-

(1) a survey plan of the land on scale of 1' to forty feet showing the existing means of access to the land for the nearest public road and building and their nature failing within 100 yards of the said land on its four sides; and

(2) a copy of the deed showing the title of the applicant to the said land.

26B. Information necessary to validate application under rule 26-A. - No application under rule 26-A shall be considered to be valid until a plan and a copy of the deed required by rule 26-A have been furnished to the satisfaction of the Director. In case of failure of such compliance, the application together with the plan and copy of the deed shall be returned to the applicant for resubmission in accordance with these rules.

26C. Applicant to be called upon to fulfill certain conditions. - (1) If, after scrutiny of the plan and other necessary enquiry which the Director may deem fit, he is satisfied that the application is fit for the grant of permission, he shall, before granting permission, call upon the applicant to fulfill the conditions laid down in rule 26-D within a period of thirty days from the date of notice given to him under a registered cover.

(2) If the applicant fails to fulfill these conditions within the period specified in sub-rule (1), the permission shall be refused.

26D. Conditions required to be fulfilled by the applicant. - The applicant shall-

(a) furnish to the Director a bond guarantee in the [amount equal to twenty- five percent] of proportionate estimated cost of the development works as certified by the Director and enter into an agreement in Form CLU-II for fulfilling the conditions contained herein in accordance with the permission finally granted.

(b) undertake to pay proportionate development charges which shall be a first charge of the said land as and when required and as determined by the Director in respect of external development works which may be carried out in the area for the benefit of the said land.

(c) undertake to be responsible for making arrangement for the disposal of affluent to the satisfaction of the Director.

(d) undertake to get the plan approved from the Director before commencing any construction on the said land.

(e) undertake not to sell the said land or portion thereof unless the said land has been put to use permitted by the Director and to use the said land only for the purposes permitted by the Director;

(f) undertake to start construction on the said land within a period of six months and complete the construction within a period of [two years] from the date of issue of order permitting the charge of land use :

[Provided that where the existing use of the land in a Controlled Area is to be changed for the purpose of developing the said land into buildings for industrial purposes, no bank guarantee referred to change (a) shall be required to be furnished and in such a case paragraph 3 of the agreement in Form CLU-II shall not apply.] and

[(g) furnish to the Director a demand draft on account of conversion charges as per rates prescribed in the Schedule IV of these rules]

26E. Grant of permission and form of order of grant or refusal to grant permissions. - (1) If the applicant has fulfilled all the conditions laid down in rule 26-D to the satisfaction of the Director, the Director shall grant the permission.

(2) Every order passed under sub-section (2) of Section 8 on an application submitted under rule 26A shall be in form CLU-III.

26F. Duration of sanction. - The permission granted under rule 26-E shall remain valid [for a period of two years from the date of order] during which period all works for putting the said land to the permitted use shall be completed :

Provided that the permission may be renewed up to a further period of one year if the Director is satisfied that the delay in execution of works was for reasons beyond the control of the applicant.]

Part V

Laying Out Means of Access to a Road Within Controlled Area

  1. Application for permission under Section 8 for laying out means of access to a road in a controlled area [Sections 3, 8 and 25(2)(e)].- (1) Every person requiring permission of the Director for laying out means of the access to a road within a controlled area shall submit an application in Form AC-I.

(2) The site plan mentioned in Form AC-I shall be drawn to a scale of not less than 1" to 40' and indicate :-

(i) the name of the road to which access is desired indicating the number of milestone or furlong stone, and

(ii) the details of the proposed junction.

(3) The cross-section of the proposed access shall be drawn to a scale I" to 1' and shall show all elements constituting the road e.g. the metalled portion, footpaths, position of electric poles, green verges, etc.

  1. Restriction governing the grant of permission for laying out means of access in a controlled area [Sections 3, 8(1) and 25(2)(f)].- No permission for application made under rule 27 shall be granted, unless -

(a) the proposed means of access are in conformity with the provisions of the development plan, and

(b) the applicant undertakes to construct the proposed access in the manner specified in the order granting permission.

  1. Information necessary to validate application under rule 27 [Sections 3, 8 and 25(2)(e)].- No application under rule 27 shall be considered to be valid unless it is made on the prescribed form and is accompanied by the requisite number of plan and documents required to be furnished along with the application. In case of failure of such compliance, the application together with the plans and documents shall be returned to the applicant for submission in accordance with the rules.
  2. Form in which Order under Section 8(2) is to be passed [Sections 8(2) and 25(f)].- After an application on the prescribed form containing the requisite information and accompanied by necessary documents as mentioned in role 27 is received, the Director shall, after making such inquiry as he considers necessary, pass an order under sub-section (2) of Section 8 in Form AC-II.
  3. Duration of permission [Sections 8(2) and 25(2) (e)].- Every permission granted under rule 30 shall remain in force for a period of one year and if the means of access are not laid out within the aforesaid period according to the conditions attached with the order granting permission, the permission shall be deemed to have lapsed and in that case fresh permission will be necessary.

Part VI

Licensing of Brick-Kilns Within Controlled Areas

  1. Application for licence under Section 8 for setting up a brick kiln or brick field [Sections 8 and 25(2)(e)].- Any person intending to use land within a controlled area for purpose of a charcoal-kiln, pottery-kiln, lime-kiln, brick-kiln or brick-field or for quarrying stone, bajri, surkhi, kankar or for other similar extractive and ancillary operation shall make an application in writing to the Director in Form BK-I accompanied by the following plans and documents in triplicate :-

(i) A guide map on a scale of not less than 6' to a mile showing the location of the site in relation to the main geographical features to enable its identification within the controlled area, and

(ii) a site plan on a scale of not less than 1' to 40' showing thereon -

(a) the boundaries of the site proposed to be used for the aforesaid purpose;

(b) the portion of the site which is to be excavated;

(c) portion of the site in which kiln or machinery is to be installed; and

(d) cross-section through the portion of the site proposed for excavation showing, -

(i) existing levels;

(ii) and the average levels to which it is to be excavated.

  1. Information necessary to validate application under rule 32 [Sections 8 and 25(2)(e)].- No application under rule 32 shall be considered to be valid unless it is made on the prescribed form and accompanied by the requisite number of plans and documents required to be furnished along with the application. In case of failure of such compliance, the application together with the plans and documents shall be returned to the applicant for resubmission in accordance with the rules.
  2. Restrictions governing the grant of licences [Sections 8 and 25(1)].- No licence under rule 32 shall be granted unless -

(a) the land is situated within an area indicated for the purpose for which the licence is sought in the development plan;

(b) the portion of the land earmarked for excavation does not exceed 50 percent of the land sought to be licensed;

(c) proposed excavation does not exceed the depth of five feet; and

(d) no permanent buildings are proposed to be constructed on the land.

  1. Form in which licence under Section 8(2) is to be given [Sections 8(1) and 25(2)(f)].- After an application on the prescribed form containing the requisite information and accompanied by necessary documents as mentioned in rule 32 is received the Director shall, after making such inquiry as he considers necessary, grant a licence in Form BK-II or refuse to grant the same.
  2. Duration of licence [Sections 8(1) and 25(2)(f)].- Every licence issued under rule 35 shall remain valid for [ [three calendar years]or a part of,] as the case may be, and will be renewable annually :

Provided that if at any time or at the time of the renewal, any extension of land for the required purpose is necessary, the applicant shall make a fresh application for the same as required under rule 32 :

Provided further that no fresh licence shall be necessary in case of extension and necessary amendment shall be made in the licence already issued.

  1. Fees for licence [Sections 7 and (2)(d)].- Fees for every issue or renewal of a licence under rule 35 shall be [one thousand five hundred rupees].

Part VII

Building Rules

Section I - Introductory

  1. Definitions [Sections 8(2) and 25(1)].- In this Chapter unless the context otherwise requires :-

(i) "abut" a building shall be said to abut on a street when the outer face of any of its external walls is on the street boundary;

(ii) "applicant" shall mean a person who gives notice to the Director of his intention to erect or re-erect a building and shall include his legal representatives;

(iii) "architect" shall mean a person holding any of the qualifications laid down in Schedule I to these rules, whether employed for preparation of plans or for supervision of construction or for both;

(iv) "architectural Control Sheets" shall mean sheet of drawing with directions signed by the Director and kept in his office showing the measure of architectural control as prepared under rule 50;

(v) "balcony" shall mean a cantilevered horizontal projection from the wall of a building not supported from the ground having a balustrade or railing and intended for human use;

(vi) "Barsati" shall mean a roofed structure above the roof of a building used as shelter during the rains;

(vii) "base" applied to a wall or a column, shall mean the underside of that part of the wall or of the column which immediately rests upon the footing or foundation or upon any bressummer or other structure by which wall or column is carried;

(viii) "basement storey" shall mean the storey which is next below the ground storey or which is in any part more than half of its height below the mean level of the street or ground adjoining the building;

(ix) "basesummer" shall mean a beam or a girder which carries a wall;

(x) "building line" shall mean a fixed line, if any, specified for a site beyond which no building within that site other than a compound wall shall project;

(xi) "class of building" shall mean a building in one of the following four categories :-

(a) residential building;

(b) commercial building;

(c) warehouse and industrial building; and

(d) public building;

(xii) "commercial building" shall mean a building used or constructed or adapted to be used wholly or partially for shops, offices, banks or other similar purposes but shall not include industries and motor-garages,

(xiii) "courtyard" shall mean an area open to the sky but within the boundary of a plot, which is enclosed or partially enclosed by buildings boundary walls or railing. It may be at ground floor level or any other level within or adjacent to a building;

(xiv) "external wall" shall mean an outer wall or vertical enclosure of any building not being a party wall even though adjoining to a wall of another building and shall not include a wall abutting on an interior open space of any building but shall not include an outer verandah wail;

(xv) "Factory" has the same meaning as in the Factories Act, 1948 (Act LXIII of 1948) ;

(xvi) "front" as applied to a building shall mean generally the portion facing the street from which it has access and in case of doubt as determined by the Director;

(xvii) "gallery" shall mean a raised floor constructed within the height of the single storey;

(xviii) "garage" shall mean a building or portion thereof used or intended to be used for shelter, storage or repair of a wheeled vehicle;

(xix) "ground floor" shall mean the storey which has its floor surface nearest to the ground around the building;

(xx) "habitable room" shall mean a room constructed or adapted to be used by some person either as a living room in which a part of the day is spent or a room in which some person may pass the night and shall include a kitchen but shall not include a bath room, water-closet or store room;

(xxi) "height" as applied to a building shall mean the vertical measurement of the building measured from the finished level of the centre of the street where such street exists or from the mean level of the ground adjoining the outside of the external walls to half the height of the roof in the case of sloping roofs and to the highest level of the building in case of buildings with flat roof excluding, the projected portions of mumties, flues, ducts, minarets and parapets not exceeding three feet six inches in height. Height as applied to a room shall mean the vertical measurement from the upper surface of the floor to the under surface of the ceiling of the same room, joint and beams being allowed to project beneath the ceiling; and in the case of a sloping ceiling; the height shall be the mean height of any such room;

(xxii) "mamti" shall mean a small structure erected on the roof of a building at the head of a staircase to protect such staircase from weather;

(xxiii) "material change of use" shall mean a change from one class building to another;

(xxiv) "mezzanine floor" shall mean a gallery, balcony, or loft or an inter floor, not so constructed as to be capable of used for living or sleeping erected between the floor and the ceiling of any storey not less than sixteen feet in height;

(xxv) "verandah" shall mean a verandah of which a minimum of 50 percent of the outside face is open;

(xxvi) "party wall" shall mean a common wall partly constructed on one plot of land and partly on an adjoining plot and serving both structurally;

(xxvii) "plinth level" shall mean the level of the ground floor of building;

(xxviii) "plinth height" shall mean the height of the ground floor above the street level measured from the level of the centre of adjoining street;

(xxix) "premises" shall mean messuages, building, lands, easements and hereditaments of any nature;

(xxx) "public building" shall mean a building used or constructed or adapted to be used; either ordinarily of occasionally as a place of public worship or as a hospital, college, school, hotel, restaurant, theatre, public hall, public concert room, public lecture room, public exhibition or as a public place of assembly or entertainment for person admitted thereto by tickets or occasionally for any similar public purpose:

(xxxi) "public sewer" shall mean a sewer constructed by Government or a local authority or a coloniser;

(xxxii) "rain water pipe" shall mean a pipe or drain situated wholly above ground and used or constructed to be used solely for carrying off rain water directly from roof surfaces;

(xxxiii) "rear" as applied to a building shall mean that portion which is on the opposite side of the "front";

(xxxiv) "residential building" shall mean a building used or constructed or adapted to be used wholly or partially for human habitation and includes all garages, stables and other out-buildings appurtenant thereto;

(xxxv) "special areas" shall mean the areas shown as such on the zoning plans in which Architectural Control Sheets shall apply;

(xxxvi) "storey" shall mean any horizontal division of a building so constructed as to be capable of use as living apartment, although such horizontal division may not extend over the whole depth or width of the building, but shall not include mezzanine floor,

(xxxvii) "street" shall mean any road, footway, square court, alley or passage accessible whether permanently or temporarily to the public and whether a thoroughfare or not and shall include every vacant space notwithstanding that it may be private property and partly or wholly obstructed by any gate, post, chain or other barrier whether of houses, shops or other building abutting thereon, which is used by any person as means of access to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not, but shall not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid; and it shall include also the drains or gutters therein, or on either side and the land, whether covered or not by any pavement, verandah or other erection, up to the boundary of any abutting property not accessible to the public;

(xxxviii) "subsoil drain" shall mean a drain used or constructed to be used solely for conveying to any sewer (either directly or through another drain) any water that may percolate, through the subsoil;

(xxxix) "temporary building" shall mean a building built of unburnt bricks, burnt bricks without mortar, corrugated iron, bamboo, thatch, wood boarding or plywood but shall not include a building built of burnt bricks, cement blocks or stones laid in mortar;

(xl) "topmost storey" shall mean the uppermost storey in a building whether constructed wholly or partly in the roof or not and whether used or constructed or adapted for human habitation or not, but shall not include a barasati or a mamti;

(xli) "warehouse and industrial building" shall include a factory, a workshop or a motor garage; and

(xlii) "Zoning plan" shall mean the detailed layout plan of the sector or a part thereof maintained in the office of the Director showing the sub-division of plots, open spaces, streets, position of protected trees and other features and in respect of each plot, permitted 'land use, building lines and restrictions with regard to the use and development of each plot in addition to those laid down in the building rules.

Section II

Procedure for Submission of Building Application and Execution of Works

  1. Application for erection or re-erection of building [Sections 8 and 25(2)(c)].- (1) Any person intending to erect or re-erect any building in a controlled area, shall make an application in writing to the Director in Form BR-I accompanied by the following documents :

(a) a site plan as required by rule 40,

(b) a building plan or plans as required by rule 41, and

(c) details of specifications of the work to be executed in Form BR- II.

[(d) a demand draft in favour of Director, Town and Country Planning Haryana, Chandigarh or the person authorised by him, drawn on any scheduled bank on account of scrutiny fee at the rate of [Rs. 10] per square meter of the covered area achieved]

(2) Every person giving notice under sub-rule (1) shall appoint an architect for the drawing up of plans and for the supervision of erection and re-erection of the building.

(3) The application, plans and specifications shall be signed by the applicant and the architect. In case where the supervising architect is different from the one who has prepared the designs, the plan shall be signed by both of them.

  1. Site Plan [Sections 8 and 25(2)(c)].- (1) The site plan shall be drawn to a scale of not less than :-

(a) 1/16th of an inch to a foot for sites up to 4,840 square yards.

(b) 1/32nd of an inch to a foot for sites above 4,840 square yards and under 48,400 square yards, and

(c) 1/64th of an inch to a foot for sites 48,400 square yards and above.

(2) The site plan shall be prepared with sufficient accuracy to enable the site to be identified and shall be submitted on distinct prints triplicate two of which shall be mounted on cloth. One mounted copy shall be returned to the applicant with the words "Rejected" or "Sanctioned" as the case may be, written on it. The site plan shall be fully dimensioned and shall show -

(a) the boundaries of the site;

(b) the direction of the North point;

(c) the street or roads adjoining the site with their width clearly dimensioned and with names, if any, of all existing roadside trees, lamp posts, or other features or structures likely to affect the approach to the buildings;

(d) surrounding buildings in outline up to a distance of 50 feet from the boundaries of the site;

(e) buildings or structures on or over or under the site or projecting beyond it in outline including proposed building to be shown distinctly;

(f) dimensions of open spaces at the rear, side or front;

(g) the area and proportion of the site to be covered by building;

(h) the levels of the site and of the plinth of the buildings in relation to those of the neighbouring streets, also the levels of all courtyards and open spaces in relation to the bed levels of the existing drains and sewers in the street or streets into which the building or site is to be drained; and

(i) method of disposal of waste water, sewage and storm water.

  1. Building Plan.- The building plan or plans shall be drawn to a scale of not less than one inch to every four feet and shall be submitted on distinct prints in triplicate two of which shall be mounted on cloth. One mounted copy shall be returned to the applicant with the words "Rejected'" or "Sanctioned", as the case may be, written on it. It shall show -

(a) the plans of all the floors and elevation and cross-sections as under :-

(i) in the case of buildings in a row, two elevations and one typical cross-section; and

(ii) in the case of other buildings two cross-sections and elevations on four sides;

(b) the plinth level of the building with reference to the level at the centre of the street or streets on which the proposed building is to abut or front;

(c) the size of the doors, windows, openings and other methods of ventilation of each room;

(d) the means of access to the buildings and their various floors as well as the means of escape in case of fire;

(e) in the case of proposed additions and alterations to an existing building all new works on the plan by an indelible distinctive colour and a key to the colours used;

(f) the proposed method of draining it, including the position, forms and dimensions of all privies, urinals, drains and the method of disposal of sewage, sullage and storm water in full detail.

Note. - In case of large of buildings various blocks of the building may be drawn in separate sheets.

  1. Type plans [Sections 8 and 25(2)(c)].- In case the applicant wishes to follow a type design of buildings approved by the Government he may obtain them from the Director at a fee fixed by the Government. These building plans along with relative site plan shall nevertheless be submitted as required by rule 39.
  2. Information necessary to validate application [Sections 8 and 25(2)(c)].- No application under rule 39 shall be considered to be valid, unless it is made on the prescribed form and is accompanied by the requisite number of plans and documents required to be furnished along with the application. In case of failure of such compliance, the application together with plans shall be returned to the applicant for resubmission in accordance with the rules.
  3. Permission to erect or re-erect [Sections 8(2) and 25(2)(f)].- After an application in the prescribed form containing the required informations and accompanied by necessary documents as mentioned in rule 39 is received, the Director shall, after making such inquiry as he considers necessary, pass an order under sub-section (2) of Section 8 in Form BR-III.
  4. Validity of sanctioned plans [Sections 8 and 25(2)(f)].- If a building is not completed within two years of the date of permission, the permission will be deemed to have lapsed with respect to that portion of the building which has not been completed. In regard to the incomplete portion a fresh application shall be submitted in accordance with rule 39 :

[Provided that multi-storeyed buildings (more than four storeyed or fifteen meters in height as the case may be) may be completed within five years of the date of permission or as may be specified by the Director, whichever is less.]

  1. Notice of commencement of work [Sections 8(2) and 25(2)(f)].- A person who has been given permission under rule 44 and intends to commence his erection or re-erection shall give to the Director or to any person authorised by him in this behalf, not less than week's notice in writing of the date and time at which the erection or re-erection of the building will commence.
  2. Completion of building [Sections 8(2) and 25(2)(f)].- (1) No person shall occupy or allow any other person to occupy any new building or part of a new building for any purpose whatsoever until such building or part thereof has been certified by the Director or by any person authorised by him in this behalf as having been completed in accordance with the permission granted and an occupation certificate has been issued in his favour in Form BR-VI.

(2) Every person who intends to occupy such a building or part thereof shall apply for the occupation certificate in Form BR-VI duly signed by an architect.

(3) No occupation certificate shall be issued unless debris and rubbish consequent upon the construction has been cleared from the site and its surroundings.

Section III

Siting, Planning and Architectural Control

  1. Use of site, type and character of buildings [Sections 8(2) and 25(2)(f)].- (1) Type and character of building including ancillary buildings that may be erected on a site and the purpose for which these may be used shall not be other than that shown in the sector plan or approved colony plan.

(2) Every building that may be erected or re-erected on site shall in addition to the foregoing restrictions comply with the restrictions shown on the zoning plan and on Architectural Control Sheets wherever applicable.

(3) Except as otherwise expressly provided at the time of sale, not more than one building unit shall be erected on any one site but in any case two or more sites may be combined for purpose of erection of one building unit.

Note. - "Building unit" means a self-contained building with such out-buildings as are ordinarily ancillary to the main building and used in connection therewith and physically incapable of sub-division into two or more independent building units. A building unit may, however, be owned by an individual or may be jointly and severally owned, provided it remains in a single indivisible ownership.

[49. Proportion of the site which may be covered with buildings [Sections 8(2) and 25(2)(f)]. - The proportion up to which a site may be covered with buildings including ancillary buildings shall be in accordance with the following slabs, remaining portion being left open in the form of an space around the buildings or courtyard :

Residential -

*[Area of site Maximum permissible coverage on ground including ancillary and residential zone Maximum permissible coverage on first floor
(a) For the first 225 mtrs to the total area of the site 60% of such portion of the site 55% of such portion of the site
(b) For the next 225 square mtrs i.e. portion of the area between 225 & 450 sq. mtrs. 40% of such portion of the site 33% of such portion of the site
(c) For the remaining portion of the site i.e. for the portion of the area exceeding 450 sq. mtrs. 35% of such portion of the site 25% of such portion of the site

*Substituted vide Notification Haryana Government Gazette (Extraordinary) dated 14.12.1990.

Maximum permissible floor area ratio and maximum permissible height. - The maximum permissible floor area ratio and maximum permissible height on area of the site mentioned in column 1 of the schedule given below be as shown in columns 2 and 3 respectively of the said Schedule :-

Schedule

Area of the site Maximum permissible floor area ratio Maximum permissible height
1 2 3
(a) For the first 209 square meters of total area of site 1.45 11 Meters
(b) For the next 91 sq. mtrs of the area i.e. between 209 sq mtrs. and 300 sq. mtr. 1 11 Meters
(c) For the next 120 square meters of the area i.e. between 301 square meters & 420 square meters 0.95 11 Meters
(d) For the remaining area beyond 420 square meters 0.8 11 Meters

Provided that the building shall conform to the restriction contained in the zoning plans or the architectural control sheets of respective area of sector :

Provided further that in the case of house already constructed or which are under construction before the issue of this notification the benefit of additional covered area, i.e., the difference between the aggregate permissible coverage on all floors as now stipulated and that already provided in the rules may be allowed on any floor subject to the restriction as provided in the zoning plan :

Provided further that subject to specific provision in the Zoning Plan of sector/site, not more than four dwelling units shall be permitted on one plot and the maximum number of dwelling units on each floor i.e. ground/first floor shall not exceed two dwelling units :

Provided further that in case of sites measuring 100 square meters or less under any scheme relating to houses for economically weaker section framed by the Government, Housing Board, Improvement Trust or any Local Authority, Director may relax the above condition upto a maximum of 66% on ground coverage with the stipulation of floor area ratio of 1.65 :

Provided further that a basement, not exceeding the maximum coverage on the ground floor and intended to be used for parking, servicing and storage may be allowed, if it satisfied the public health and structural requirements.]

Industrial

*[Maximum permissible coverage on Ground (Percentage of site area) Maximum permissible Floor Area Ratio (Percentage) Maximum height of the industrial building (In meters)
General Industry Information Technology Industry General Industry Information Technology Industry General Industry Information Technology Industry
60 40 125 250 21 30]

*Substituted vide Notification Haryana Government Gazette (Extraordinary) dated 4-4-2001.

Commercial

In the case of sites for shop-cum-residential purposes or for shopping booths, the coverage on each floor shall be in accordance with the architectural control sheets.

Institution And Other Public Buildings

(a) Coverage - The maximum permissible coverage including covered parking on a plots the size mentioned in column I below shall be as shown in column 2 below :-

Area of plot Maximum permissible coverage.
Upto 10,000 square meters 33½ per cent of the area of the plot
Above 10,000 square meters 25 per cent of the area of the plot

(b) Floor Area Ratio - The maximum Floor Area Ratio shall be as determined by the Director/Government as the case may be on the merits of each individual case, considering the location and the nature of the use.

(c) Set Backs - Every institutional building shall be constructed with set- backs as provided in the zoning plan prepared for the site :

Provided that a basement, not exceeding the maximum permissible coverage on the ground floor (excluding the area under public corridors) and intended to be used only for parking servicing and storage may be allowed if it satisfies the public health and structural requirements.

Notes. 1. Floor Area Ratio (FAR) means the quotient obtained by dividing the multiple of the aggregate covered area on all floors and 100 by the area of the plot, i.e.

FAR = Total covered area on all floors x 100

Plots area

  1. Set-back line means a line usually parallel to the plot boundaries and laid down in each case in the zoning plan beyond which nothing can be constructed towards the site boundaries.

The following projections shall not be counted towards the covered area namely:-

(i) Pergola constructed purely for architectural effects.

(ii) A canopy, sunshade, chhajja, balcony, or an architrave cantilever from the face of any wall;

(iii) Cantilevered projections referred to in clause (ii) in the case of plots where architectural or frame control does not apply projecting not more than 1.80 meters beyond the building lines on the front and rear of the main residential building and 1.00 meter along the sides thereof, when measured at right angle to the outer face of the respective wall.

(iv) Any such projection referred to in clause (ii) shall not be lower than 2.3 meters when measured from the ground.

(d) Building lines - No building shall project beyond the building lines as shown on the zoning plan.]

  1. Architectural Control [Sections 8(2) and 25(2)(f)].- In the case of building sites where architectural control is considered necessary by the Director he shall cause to be prepared Architectural Control Sheets for the purpose showing the extent of architectural control on the various units of the buildings or on a portion of such buildings, among others in the following respects :

(i) Compulsory elevations for a particular building or a row of buildings.

(ii) Compulsory height on the front or on any side exposed to view from a street upon which building shall have to be erected and completed within a certain period.

(iii) Compulsory height of floors.

(iv) Compulsory height and design of cronies sills and top of windows in the first and higher storeys.

(v) Compulsory building line along which the building shall have to be erected and completed within a certain period.

(vi) Compulsory type designs of balconies.

(vii) Compulsory use of materials, texture and colour.

  1. Building line in front [Sections 8(2) and 25(2)(f)].- All buildings shall be set back in front along the building line shown in the zoning plan or approved colony plan.
  2. Space at the rear [Sections 8(2) and 25(2)(f)].- No building shall project beyond the rear building line shown in the zoning plan or approved colony plan as may be applicable. Where zoning plans have not been prepared or the required building line has not been shown on the approved colony plan, the rear building line shall be at a distance of 15 feet from the boundary of the plot.
  3. Space at the sites [Sections 8(2) and 25(2)(f)].- No building shall project at the sites beyond the building line specified in the zoning plan or approved colony plan, as may be applicable. Where zoning plans have not been prepared or the required building line has not been shown on the approved colony plan, the side space shall be regulated as below :-
(i) Sites of 375 sq. yards or less No side space. The full frontage of the site shall be covered with building and buildings shall be built contiguous to the adjoining plots; Provided that in case of coruer plots, if a side space is left, it shall not be less than eight feet in width.
(ii) Sites from 375 Sq. yards to 749 yards Compulsory open space of 10 feet on one side of the plot to be determined by the Director;
Provided that a garage of not more than 20 feet in length may be built in this portion with its rear boundary coinciding, with the rear of the building.
(iii) Sites from 750 sq. yards to 1,500 sq.yards. Minimum side open space of 10 feet on both sides.
(iv) Sites above 1,500 square yards Minimum side open space of 20 feet on both sides.

[54. Maximum height and number of storeys of building [Sections 8(2) and 25 (2)(f)]. - Subject to specific provisions regarding height and number of storeys made under rule 49, the height and number of storeys of any building shall be governed by the restrictions/provisions shown in the Zoning Plan or the architectural control sheet.]

  1. Height of mezzanine storey and internal balconies [Sections 8(2) and 25(2)(f)].- (1) No mezzanine floor or internal balconies shall be permitted unless the height between the main floor is at least 16 feet and such mezzanine floors or balconies do not cover more than one-third of the [area of the floor below and such mezzanine floors or internal balconies, if constructed, shall be counted towards F.A.R.]

(2) The height of such mezzanine floor or internal balcony shall not be less than 8 feet.

  1. Minimum provision with regard to residential buildings [Sections 8(2) and 25(2)(f)].- No building for any residential use shall be constructed or allowed to be used till, in addition to living rooms every dwelling unit provides for -

(a) One kitchen

(b) One bath room or raised bathing platform.

(c) One latrine or W.C.

  1. Minimum area of courtyard for purposes of ventilation [Sections 8(2) and 25(2)(f)].- The minimum area of every courtyard on which habitable rooms abut and from which they derive their ventilation shall be 1/6th the aggregate plinth area of the abutting rooms and/or verandah or 150 square feet whichever is greater :

Provided that interconnecting balconies of not more than 3 feet in width on first or higher floors may be erected projecting into the courtyard so that clear area open to sky is not reduced to less than 2/3rd of the courtyards. The minimum width or depth of all such courtyards shall be 12 feet.

  1. Minimum size and requirements of ventilation regarding habitable room [Sections 8(2) and 25(2)(f)].- (1) Every habitable room including a shop -

(i) shall be of a height of at least 9 feet in every part from floor to ceiling;

(ii) shall have a clear floor area of not less than 100 square feet and a width not less than 8 feet;

(iii) shall be provided for purposes of light and ventilation with doors and windows or other apertures which shall have a total opening of not less than ¼ of the floor area of the room or 30 square feet whichever is greater.

(2) All doors or windows or other apertures shall open directly, or through a verandah, on to a permanent open space or an open space about the building of not less than 6 feet in width or a courtyard.

Note. - (1) In calculating the area of window and door openings, no deduction shall be made for the space occupied by window frames or for unopenable glazed or unglazed portions of the window.

Note. - (2) For the purpose of this rule a kitchen shall be deemed to be a habitable room and all the aforementioned requirements regarding ventilation shall apply to it except that the minimum area of the kitchen shall not be less than 64 square feet :

Provided every kitchen shall be provided with a fire place fitted with a chimney.

  1. Height of boundary wall and fence and type of gate [Sections 8(2) and 25(2)(f)].- The height and design of the boundary wall or fence and gate shall be in accordance with the provision of the zoning plan and shall conform to the pattern as laid down for such a plot on the zoning plan :

Provided that where zonal plan has been prepared, the height and design of the boundary wall or fence and gate shall be as specified by the Director.

[59A. Fire protection. [Sections 8(2) and 25(2)(f)]. - Fire protection measures provided in Part IV of National Building Code of India, 1983, dealing with the fire protection measures as amended from time to time, shall be followed.]

Section IV

Structural Material and Control

  1. Materials [Sections 8(2) and 25(2)(f)].- All materials to be used for the erection or re-erection of a building shall conform to the specifications and standards laid down in the [Haryana P.W.D. Specifications, 1990].
  2. Site [Sections 8(2) and 25(2)(f)].- No person shall erect or re-erect any building on any ground which has been filled up with offal or offensive vegetable animal matter, or upon which any such matter is deposited, unless and until the Director certifies that such matter has been properly removed by excavation or otherwise has become or been rendered innocuous.
  3. Foundations [Sections 8(2) and 25(2)(f)].- (1) The foundations of every building shall be so constructed as to sustain the combined dead load of the building and the superimposed load and to transmit those loads to the sub-soil in such a manner that the pressure on the sub-soil shall not exceed the safe pressures specified below:-
Type of soil Safe allowable pressure in tonnes/square in feet At and beyond depths of
Feet
Soft, wet, pasty or ½ 8
muddy clay 1/3 4
Alluvial earth ¼ 2
Artificial filling ¼ 2
Loams (Loose) 1 2
Loams (Compact) ¾ 2
Sandy loam 1
Clay (loose) ¾ 2
Clay (Compact) ¾
1

For accentric loads the maximum safe allowable pressure may exceed the values given above by 10 percent.

(2) The loads shall not cause such settlements of the building or any part of the building as may impair its stability.

(3) For building more than 3 storeys high foundations shall be designed on the basis of safe bearing pressures.

  1. Damp proof courses [Sections 8(2) and 25(2)(f)].- (1) Every wall of a public building or domestic building (including a pier forming a part of the wall or a compound wall) shall be provided with a damp proof course, except when built of materials such as cement concrete (90 lb. cement, 2 cft. sand, 4 cft. coarse aggregate) with or without the addition of any commercial damp proofing material.

(2) Materials specified as damp-proof course shall be as indicated in [Haryana P.W.D. Specifications 1990]

(3) In external walls the horizontal damp proof course shall be laid immediately above the plinth protection, and a vertical damp proof course shall be provided on the interior face of the wall extending between the level of the horizontal damp proof course and the level of the upper surface of the concrete in the finished floor.

(4) In an internal wall the horizontal damp proof course shall be laid in level with the upper surface of the concrete in the finished floor. The continuity of damp proof course between the internal and the external wall shall be secured by the insertion of bitumenised bricks or cement concrete bricks laid in cement mortar or any other damp proof materials.

  1. Loads [Sections of 8(2) and 25(2)(f)].- In addition to the dead load the building shall be designed for the following live loads :-
No. Type of floors Minimum live load in lbs. per sq.ft. of area
1 Roofs (Flat) 30
2 Floors of residential or dwelling houses 40
3 Floors of tenements hospital wards
4 Stairs for the above mentioned classes of loading 40
For (2) 40
For (3) 40
  1. Floors. [Sections 8(2) and 25(2)(f)].- All floors of every building including floor of a kitchen, bathroom, latrine, urinals shall be damp and rat proof and shall be constructed of materials so treated as to protect it from white ants, dry rot, wet rot as per [Haryana P.W.D. Specifications, 1990].
  2. Walls [Sections 8(2) and 25(2)(f)].- (1) No wall shall be constructed of easily inflammable material. For the purposes of this sub-rule easily inflammable material will not include teak, Sal, Shisham and deodar wood.

(2) No masonry wall shall be built in clay mortar to a greater height than one storey and such walls shall be plastered or pointed so as to render it impermeable and damp proof. The minimum thickness of such a wall shall, in no case, be less than 13½ inches.

  1. Thickness of walls [Sections 8(2) and 25(2)(f)].- (1) Where walls of building are constructed of bricks, stones blocks or of other hard and incombustible material laid in horizontal beds of courses every wall or part of a wall shall be so designed and constructed as to be capable of safely sustaining and transmitting the dead loading and the superimposed loading to which it may be subjected (calculated in accordance with the Schedule II annexed to these rules so far as it is applicable) and the horizontal and inclined forces to which it may be subjected, without undue settlement of deflection and without exceeding the intensity of pressure on the materials as given below:-
Description of wall Allowable safe pressure in tons sq. (Slenderness ratio not exceeding six)
[Burnt bricks in cement mortar, lean mixing for Brick Masonry (1 : 3) to (1 : 4) to (1 : 5) to (1 : 7) respectively] 8
Burnt bricks in lime mortar (1 : 2) or cement mortar (1 : 6) 4
Burnt bricks in mud mortar
Coursed rubble masonry (other than Ashler) in cement mortar (1 : 4) 2
Coursed rubble masonry (other than Ashler) in Lime mortar (1 : 2) or cement mortar (1 : 6)
Random rubble masonry in cement mortar (1 : 4) 8
Random rubble masonry in lime mortar (1 : 2) or cement mortar (1 : 6) 4
Ashler masonry in cement mortar (1 : 3) with (1 : 3 : 6) mass concrete backing 12
Ashler masonry in lime mortar 1 : 2 or cement mortar 1 : 6 with 1 : 4 : 8 mass concrete backing. 12
Blocks in 1 : 3 cement mortar average crushing strength of block not less than -
500 lb/sq. inch 2
1,000 lb/sq. inch 4
2,000 lb/sq. inch

*Substituted vide Haryana Notification No. 1996 dated 22-12-1997.

Explanation. - Average crushing strength of individual burnt bricks when determined by standard test approved by the Director to be not less than 1,500 lb/s. inch. Allowable stress can be increased by 20 per cent in the case of local loadings.

For occasional loads such as wind and earthquake forces the allowable stress can be increased by 33 per cent.

When sheering or tensile stress occurs the permissible stress to be taken in one-tenth the maximum pressure figure given above.

  1. Roofs [Sections 8(2) and 25(2)(f)].- Every roof shall be weather proof and fire resistant and in no case shall be built of mat, sirki, cloth, grass or thatch or any other easily inflammable material and it shall be structurally safe against dead and live loads as prescribed in rule 64 above and prevailing wind pressure.

(2) Subject to above provision, every roof shall be of any material and specification as prescribed in chapter 13 of Punjab Works Department. Specifications 1963 edition.

Stair Cases

  1. Stair cases in residential buildings [Sections 8(2) and 25(2)(f)].- Every building of more than one storey height intended to be used as a single family or two family residential building shall be provided with at least one staircase having minimum width of 2 feet 3 inches constructed of fire-resisting materials.
  2. Residential building for more than two families and commercial buildings [Sections 8(2) and 25(2)(f)].- (1) Every building intended to be used as a residential building for more than two families or a commercial building shall be provided with at least one staircase extending from ground floor level to the highest floor having minimum clear width in accordance with the following table :-
(a) Number of users up to 10 3'-0"
(b) Number of users from 11 to 20 3'-6"
(c) Number of users from 21 to 100 4'-0"
(d) Increase 1" for every additional 15 persons until maximum of 9' is reached

(2) A single staircase of the width mentioned above may be replaced by two staircases each of a width at least equal to two-third the width prescribed for a single staircase provided neither of the two substituted staircase be less than 2'-6" in width. Staircase so provided shall be built in fire resisting materials.

Explanation. - For the purpose of this rule, each 30 square feet of floor space in the case of non-residential buildings and each 80 square feet of floor space in the case of residential buildings shall be deemed to be occupied by one person.

  1. Minimum dimension of steps [Sections 8(2) and 25(2)(f)].- No staircase in a residential building shall have a rise of more than 9 inches and a tread of less than 9 inches.
  2. Staircase in public buildings and warehouses and industrial buildings [Sections 8(2) and 25(2)(f)].- No staircase in a public or a warehouse and industrial building shall be of width less than that given below :-
(a) Number of users up to 200 4'-6"
(b) Number of users from 200 to 350 6'-0"
(c) increase by 1" for every additional 15 persons until maximum of 9' is reached.

(2) A single staircase of the width mentioned in clause (c) of sub-rule (1) above may be replaced by two staircases each of width of at least 6 feet.

(3) Notwithstanding anything contained in sub-rules (1) and (2), staircases in private portions of public buildings or warehouses and industrial buildings not open to the general public may be of the sizes and material mentioned in rule 69.

  1. Material [Sections 8(2) and 25(2)(f)].- All staircases and walls enclosing the staircases in public buildings and warehouses and industrial buildings shall be of fire proof materials.
  2. Minimum dimension of steps [Sections 8(2) and 25(2)(f)].- No stair-case in a public building or a warehouses and industrial building shall have a rise of more than 7 inches and a tread of less than 10½ inches.
  3. Uniformity in treads and riser in staircase [Sections 8(2) and 25(2)(f)].- Treads and riser of each flight of a staircase or of several flights in the same staircase in a public or a warehouse and industrial or a residential building shall be of uniform width and height except where prior dispensation is specifically obtained from the Director of architectural effect.
  4. Location of staircase [Sections 8(2) and 25(2)(f)].- No part of the second or of any higher storey of any building shall be more than 100, from some staircase or ramp leading to the ground floor.
  5. Ventilation of staircases [Sections 8(2) and 25(2)(f)].- Every staircase shall be adequately ventilated and lit to the satisfaction of the Director.
  6. Head room in a staircase [Sections 8(2) and 25(2)(f)].- The minimum clear head room in any staircase shall be seven feet measured from the top of the riser to the most dependent portion of the ceiling above.
  7. Provision of hand rails [Sections 8(2) and 25(2)(f)].- In every staircase at least one hand rail shall be provided.

(2) Where steps are provided from the ground to the building hand rail may not be provided, if the steps do not go above 4'-6" in height and are not less than 3'-0" in width.

Lobbies, Corridors, Passages and Balconies

  1. Lobbies, corridors, passages and balconies [Sections 8(2) and 25(2)(f)].- The minimum width of any lobby, corridor, passage or balcony in a single- family or two-family residential building shall be at least 2'-6" and shall be of fire resisting materials and shall be carried on supports of fire resisting materials.
  2. Residential building for more than two families and commercial buildings [Sections 8(2) and 25(2)(f)].- The minimum width of any lobby, corridor, passage or a balcony in a residential building for more two families and a commercial building shall be as given below :-
(a) Number of users up to 10 ... 3'-0"
(b) Number of users from 11 to 20 ... 3'-6"
(c) Number of users from 21 to 100 ... 4'-0"
(d) Increase 1" for every additional 15 persons until a maximum of 8' is reached

Walls and roofs shall be of fire-resisting materials and shall be carried on supports of fire-resisting materials.

  1. Public building and warehouse buildings [Sections 8(2) and 25(2)(f)].- The minimum width of any lobby, corridor, passage or balcony in public building or a warehouse and industrial building to be used by the public shall be 4'-6" :

Provided that in the case of buildings where more than 20 persons are likely to work or assemble the minimum width shall be -

(a) Number of users from 20 to 100 ... 6'-0"
(b) Number of users from 101 to 200 ... 7'-6"

Walls and roof shall be of fire-resisting materials and shall be carried on supports of fire-resisting materials.

  1. General doors and barriers of Assembly Halls [Sections 8(2) and 25(2)(f)].- All doors or barriers for use by the public as exits in public assembly place shall be made to open outwards.

Chimneys and Flues

  1. Application [Section 8(2) and 25(2)(f)].- Rules in this section shall not apply to the erection or re-erection of chimney shafts for the furnaces in commercial or ware-house buildings the design of which shall be specially approved by the Director but they shall apply to the erection or re-erection of chimney shafts for open fires and small domestic boilers.

Explanation - Small domestic boilers shall mean boilers which do not require flues exceeding 80 square inches in area.

  1. Materials [Sections 8(2) and 25(2)(f)].- Every chimney shall be constructed of burnt bricks, concrete bricks or blocks or of any good hard and incombustible material properly and solidly put together.
  2. Designs and construction [Sections 8(2) and 25(2)(f)].- Every chimney which is build against or forms a part of a wall and extends to or below the surface of the ground shall be built on solid foundations which shall comply with the requirements of the rules relating to the foundations of structural walls. It shall have a damp-proof course at the top and if the wall with which is built requires to be provided with a damp-proof course at the bottom the chimney shall be provided with the same. Also it shall be properly bounded or otherwise securely tied with the wall with which it is built.
  3. Floor beneath fire place [Sections 8(2) and 25(2)(f)].- Floors beneath and around every fireplace shall be of concrete or similar fire proof material and shall project 18 inches in front of the jambs and extend 6 inches on each side of the fireplace opening.
  4. Jambs and back of fire place [Sections 8(2) and 25(2)(f)].- The jambs of a fireplace opening shall be at least 9 inches in width and the back of the chimney opening in a party wall shall be 9 inches thick up to 12 inches above the top of the opening. Where the flues in a party wall are not back to back the required 9 inches of solid wall at back of the fireplace shall be carried up to the floor of the room above.

In an external or internal wall the back of the opening and all sides of the flues shall be at least 4½ inches thick.

  1. Flue size [Sections 8(2) and 25(2)(f)].- Every fireplace shall have a flue giving a brick opening of not less than 9 inches x 9 inches :

Provided that in case of R.C.C. construction a flue shall not be less than 9 inches x 4½ inches.

  1. Treatment of inside of chimney flues [Sections 8(2) and 25(2)(f)].- The inside of every chimney flue shall be properly rendered or pargetted as such flue is carried upwards unless the whole flue is built with firebrick or fireproof piping of fireclay of at least 1" thickness in which case the spandrel angles shall be field in solid with brick work or other incombustible materials.
  2. Woodwork in chimneys [Sections 8(2) and 25(2)(f)].- In any wall no timber shall be placed nearer than 9 inches to the inside of any flue or chimney opening except that wooden plugs in any wall or chimney breast can be driven nearer than 6 inches to the inside of any flue or chimney opening. Under a chimney opening no timer shall be within 15 inches from the upper surface of the earth.
  3. Chimney stacks [Sections 8(2) and 25(2)(f)].- Chimney stacks or smoke flues shall be carried up to a height of not less than three feet and not more than six times the least width of the chimney above the adjoining roof and shall be built at least 4½ inches thick. The maximum height for any stack may be exceeded if it is adequately secured against overturning.

(2) Height of chimney stack may be reduced to 1 foot 6 inches when the roof is made up of a fire resisting materials. The top six courses of all stacks shall be built in cement mortar.

  1. Pipes for conveying smoke [Sections 8(2) and 25(2)(f)].- No pipe for the purpose of conveying smoke or other products of combustion shall be allowed to project through the wall externally. Elsewhere such pipes may be of mild steel 3/16 inch thick or of cast iron complying with the British Standard Specification No 41-1908 or of sheet metal for domestic cooking ranges only and shall be fixed at a distance of at least 9 inches from any combustible substance.

Section V

Drainage and Sanitary Installations General

  1. Notice for carrying out drainage work and application for permission [Sections 8(2) and 25(2)(f)].- (1) No person shall carry out any water borne sanitary and drainage installation or carry out any works connected therewith within any building or site without the previous permission of the Director.

(2) Every person who intends to carry out these works shall apply for permission as laid down in rule 39.

  1. Work to be executed under the supervision of plumber [Sections 8(2) and 25(2)(f)].- Execution of all works for the laying out of any drainage system or for the carrying out of water borne sanitary installations shall be done through a plumber holding any of the qualification laid down in Schedule III to these rules.

Basic Requirements For Water-borne Sanitary Installations

  1. Adequacy of water supply for installation of water borne sanitary installations [Sections 8(2) and 25(2)(f)].- Before undertaking the installation of a water borne sanitary system in any building an adequate, constant and reliable water-supply to the permission shall be ensured to the satisfaction of the Director.
  2. Sanitary fittings and execution of works to conform to P.W.D. specifications [Sections 8(2) and 25(2)(f)].- All sanitary fittings, drainage pipes including soil and waste standards and specifications laid down for such articles in the [Haryana P.W.D. Specifications, 1990], and if there are no standards or specifications laid down for any article in the [Haryana P.W.D.] specifications, then, the article shall be as per standards and specifications of the Indian Standard Institute and if there is no specification or standard down by the Indian Standards Institute, then the articles shall be as per British Standards specification.
  3. All drainage system to be air, smoke and water tight [Sections 8(2) and 25(2)(f)].- All drainage systems including joints shall be air, smoke and water tight and shall be capable of resisting a pressure of at least five feet head of water.
  4. Net works of foul and waste water drainage to be kept separate [Sections 8(2) and 25(2)(f)].- The network of foul water drainage and the network of waste water drainage shall be kept separate from each other up to the point till they are connected at a manhole to the outflow drain.
  5. Junctions [Sections 8(2) and 25(2)(f)].- Every drain including a pipe drainage into any other drain or a pipe sewer shall join the latter obliquely in the direction of the flow of the latter.

Sanitary Fittings

  1. Minimum sanitary facilities in various type of buildings [Sections 8(2) and 25(2)(f)].- Dwellings with individual conveniences shall have at least the following fitments :-

(i) One bath room provided with a tap,

(ii) One water closet, and

(iii) One nahani or sink either in the floor or raised from the floor.

Where only water closet is provided in a dwelling, the bath and water closet shall be separately accommodated.

(2) Dwellings (tenements) without individual conveniences shall have the following fitments :-

(i) One water tap with draining arrangements in each tenement;

(ii) One water closet and one bath for every two tenements; and

(iii) Water taps in common bath rooms and common water closets.

(3) The requirements for fitments for drainage and sanitation in the case of buildings other than residences, such as office buildings, factories, cinemas, concert halls, theatres, hospitals, hotels, restaurants, schools and hostels shall be in accordance with Indian Standard Code of basic requirements for Water-supply, Drainage and Sanitation "IS: 1172 - 1957" issued by the Indian Standard Institution, New Delhi with such modifications as may be made by the said institution from time to time.

  1. Water closets [Sections 8(2) and 25(2)(f)].- (1) Every water closet pan shall have an efficient syphon trap with a minimum water seal of three inches beneath, so that sufficient water seal, between the pan and any drain or soil pipe is maintained. "D" trap shall not be fixed with water closets.

(2) No part of the water closet apparatus shall be directly connected with water supply distributing pipe. For flushing and cleaning of the pan, a special closed cistern with suitable ball cock and of not less than three gallons capacity shall be provided.

(3) The capacity of every reserve tank shall be at the scale of 75 gallons per water closet connected to the tank.

(4) No self-acting or automatic flushing apparatus shall be constructed or fixed except with the prior permission of the Director.

(5) Where the water closet discharges into a soil pipe which also receives the discharge from another water closet, the tap of the water closet shall be ventilated by a pipe, which shall -

(a) have an internal diameter of not less than two inches;

(b) be connected with the arm of the soil pipe at a point not less than three and not more than twelve inches from the highest part of the trap, on that side of the water seal which is nearer to the soil pipe and in the direction of the now; and

(c) either have an open end as high as the top of the soil pipe or be carried into a soil pipe at a point not less than seven feet above highest connection to the soil pipe.

  1. Urinals [Sections 8(2) and 25(2)(f)].- A 'urinal' connected with a building which has a supply of water laid on, shall comply with the following requirements:-

(i) the urinals shall be provided with a basin, stall, through or other suitable receptacle or receptacles of non-absorbent material;

(ii) the outlet from the receptacle or receptacles shall be provided with an efficient grating;

(iii) the urinal shall be provided with suitable apparatus for effectually flushing and cleansing the receptacles provided;

(iv) no part of the urinal apparatus, other than the flushing apparatus shall be directly connected with a supply or distributing pipe;

(v) if the urinal can be entered from within the building, and is constructed to discharge into a waste pipe, which also receive the discharge from another urinal, or from a water closet, bath, sink, bidet or lavatory basin, the trap of the urinal shall be ventilated by a pipe which shall -

(a) be of an internal diameter not less than that of the trap or two inches, whichever is less;

(b) be connected with the waste pipe from the urinal at a point not less than three and not more than twelve inches from the highest part of the trap, on that side of the water seal which is nearer to the waste pipe; and

(c) either have an open end as high as the top of the waste pipe or be carried into a waste pipe at a point not less than three feet above the highest connection to the waste pipe.

Laying Out of Drain and Installation of Drain Pipes

  1. Laying of drains [Sections 8(2) and 25(2)(f)].- Every drain shall -

(a) be of a suitable size, and if it is intended for the conveyance of foul water shall have an internal diameter of not less than four inches;

(b) be laid with a suitable fall and where practicable in a direct line. The standard gradient shall be in 40 for a four inch drain and in 80 for six inch drain. The maximum and minimum gradients shall respectively be in 20 and in 80 for a 4 inch drain and in 40 and in 140 respectively, for a six inch drain.

(2) (a) A drain shall not be constructed so as to be within or under any building, except in a case where any other situation is impracticable.

(b) Where any such drain or part thereof is constructed within or under a building such drain or such part thereof shall be laid or fixed in a direct line, where practicable and be provided with adequate means of access.

(3) Where any drain is laid under a wall, it shall be protected at the part under the wall by means of a relieving arch, flag stone, iron or any other support which shall not bear on the drain and shall be of sufficient size and strength to prevent any disturbances or other injury to such drain.

(4) A drain shall not be constructed in such a manner that there shall be within a building any inlet to such drain except such inlet as may be necessary from any sanitary fitting or any sanitary installation connected directly to such drain.

(5) Every inlet other than a ventilating pipe to such drain shall be properly trapped by a suitable and efficient trap, and such trap shall be formed and fixed so as to be capable of maintaining a water seal of -

(a) two inches where such inlet has an internal diameter of less than three inches;

(b) three inches where such inlet has an internal diameter of less than three inches.

(6) Every trapped gully shall be covered with a grating, the bars of which shall be not more than three-eight of an inch apart.

(7) A suitable and efficient intercepting trap, with a water seal of at least 4 inches, at a point as distant as may be practicable from the building as near as may be practicable to the point at which the drain may be connected with the sewer, shall be provided to such a drain before connecting it with the sewer. Such a trap shall be provided with a raking or cleaning arm, fitted with a secure and suitable stopper as a means of access to the drain between such trap and sewer, and shall be located within a manhole.

  1. Ventilation of drains [Sections 8(2) and 25(2)(f)].- The drains intended for conveying foul water from a building shall be provided with at least one ventilating pipe situated as near as practicable to the building and as far as practicable from the point at which the drain empties into the sewer or other means of disposal:

Provided that a soil pipe from a water closet, or a waste pipe from a slop sink, constructed in accordance with these rules may serve for the ventilating pipe of the drain,, if its situation is in accordance with the rules.

  1. Manholes [Sections 8(2) and 25(2)(f)].- A manhole shall be provided at every point at which the drain changes either its direction or gradient and otherwise at intervals, not exceeding 300 feet. A manhole shall be of such a size as to allow access to the drain for rodding and shall be provided with proper cover in flush with ground surface.
  2. Soil pipes and soil ventilating pipes [Sections 8(2) and 25(2)(f)].- A soil, pipe or a soil ventilating pipe shall be -

(i) easily accessible throughout its course and adequately protected where necessary, from damage,

(ii) circular,

(iii) of an internal diameter of not less than 4 inches,

(iv) carried upwards to such a height and in such a manner so as to prevent any nuisance or injury or danger to health arising from the emission of foul air from such pipe, the minimum height being 2'-3" above the roof top, and

(v) be fitted at the open and with a suitable granting or cover admitting the free passage of air.

  1. Separation of soil pipes from rain water pipes [Sections 8(2) and 25 (2)(f)].- No soil pipe or ventilating pipe shall be connected with any rainwater pipe or with waste water pipe.
  2. Provision of traps [Sections 8(2) and 25(2)(f)].- There shall be no traps in any soil or ventilating pipes, nor between any other pipe and drain to which it is connected but every sanitary fitting connected to a soil pipe, ventilating pipe or drain shall be provided with a trap.
  3. Waster water pipes (Sections 8(2) and 25(2)(f)].- A waste pipe from a bath, sink (not being a slop sink) bidet or lavatory basin and pipe for carrying of dirty water, shall -

(i) discharge so as not to cause dampness in a wall or foundation of a building;

(ii) if it discharges into a drain it should be disconnected from the drain by a trapped gully with a suitable grating above the level of the water in the trap, and

(iii) if it is more than 6 feet in length, be provided with a suitable trap.

  1. Overflow pipe [Sections 8(2) and 25(2)(f)].- An overflow pipe from a water cistern shall discharge in an exposed and conspicuous position so as not to cause dampness on any part of a building.
  2. Pipes not to be exposed on external walls [Sections 8(2) and 25(2)(f)].- Wherever possible no down pipes, soil pipes and ventilating pipes shall be exposed on any external wall of a building and shall be placed in a recess or chase or a duct.

Disposal

  1. Method of disposal [Sections 8(2) and 25(2)(f)].- [Every sanitary disposal system] shall be connected with the public sewer but in case no public sewer exists in the vicinity of the said premises, the drainage system may, as a temporary measure and subject to the previous written approval of the Director, be connected to a septic tank from which the effluent shall be drained of -

(a) into absorption pits, or

(b) by sub-soil irrigation drains :

Provided that no absorption pit shall be allowed in the case of any premises or area in which domestic supply is taken from subsoil water :

Provided further that if at any future period a public sewer is constructed which can serve the premises, the owner shall at his own expenses cause the said drainage system to be connected to this sewer.

  1. Septic tanks [Sections 8(2) and 25(2)(f)].- (1) No septic tank shall be located-

(a) at a distance of less than 90 feet from a dwelling house or any other building used for human habitation or for work or recreation or within a public thoroughfare;

(b) within 200 feet from any percolation well, water course or stream used or likely to be used for drinking or domestic purposes or for manufacture or preparation of any articles of food or drink for human consumption and it shall be readily accessible so as to permit cleaning operations being carried out without interference with the operation of any waterborne sanitary installation as a whole.

(2) Every septic tank intended to serve a population of 24 or more persons shall be constructed into two separate compartments so that one compartment when required can be put out of use for cleaning purposes. The capacity of every compartment of the septic tank shall be 2½ times the total water supply allowance for the total number of the residents of the building.

(3) Every inlet pipe into a septic tank shall be effectually trapped.

  1. Absorption pits [Sections 8(2) and 25(2)(f)].- (1) In the matter of location, every absorption pit shall conform to same restrictions as are laid down for a septic tank in rule 114(1).

(2) No absorption pit shall have any outlet into or means of communication with any sewer, storm water drain or surface drain,

(3) The walls of every absorption pit shall be at least 9 feet above ground level so as to exclude effectually the entry of storm water or irrigation water into the absorption pit.

(4) The absorption pits shall be constructed in duplicate so that one pit can be put out of use for cleaning purposes. The capacity of the absorption pit shall be as approved by the Director.

  1. Subsoil irrigation for disposal of effluent [Sections 8(2) and 25(2)(f)].- (1) No subsoil irrigation work for disposal of effluent from a septic tank shall be laid out within a premises till a suitable area of open land, the situation and extent and subsoil of which is previously approved by the Director, is set apart within premises to be used as a farm or a garden.

(2) The area set apart shall be one acre for every 2,000 gallons of effluent per day.

(3) No part of any area reserved for subsoil irrigation shall be within a distance of 90 feet from the nearest point of any dwelling house or any other building used for human habitation or for work or for recreation and of any canal or irrigation well.

(4) No such works shall be laid out within a distance of 250 feet from any percolation well, tubewell or watercourse or stream used or likely to be used for drinking or domestic purposes or for the manufacture or preparation of any articles of food or drink for human consumption.

Connection With Public Sewer

  1. Sanitary installations and drainage to be completed before applying for connection [Sections 8(2) and 25(2)(f)].- No connection to any public sewer shall be made nor any sanitary and drainage installations intended to be connected through this connection, shall be brought into use until a certificate after completion of these works has been applied for by the applicant to the Director and certificate has been issued by the latter to the effect that the sanitary installations and drainage have been satisfactorily completed in compliance with these rules. If no decision is communicated on the application for a certificate within fifteen days of the receipt of the application, the certificate shall be deemed to have been granted.
  2. Application before connection with public sewers [Sections 8(2) and 25(2)(f)].- After grant of the certificate referred to in the foregoing rule or in the event of the said certificate having been deemed to have been granted, every person intending to connect a drain to a public sewer shall apply to the Director at least seven days before the date on which connection is required.

(2) This application shall be accompanied by a certificate referred to in rule 117 and such amount as may be laid down from time to time by the Director and calculated on the basis of the current schedule of rates to meet the cost of proposed connection.

(3) On receipt of the application and subject to the requirements of the foregoing rules, the Director shall sanction or reject the request.

(4) In the event of the required connection having been sanctioned, it shall be made only through officers authorised by him.

  1. Sewer connection [Sections 8(2) and 25(2)(f)].- (1) Every drain draining into a public sewer shall join the latter obliquely in the direction of the flow of the latter.

(2) If practicable the connection shall be made at an existing junction in the sewer and if this is not made, there shall be an intercepting manhole before the connection.

Storm Water

  1. Drainage of roofs [Sections 8(2) and 25(2)(f)].- The roof of every building shall drain into gutters, shoots of troughs and shall be carried down through adequate number of down pipes without causing dampness in any part of the wall or foundation of the building or any adjacent building :

Provided that in the case of detached or semi-detached buildings not exceeding one storey in height, rain water spouts or khasi and revealed parnalas may be provided for so long as these do not discharge into any public roadway or footpath or on private land of adjoining owner.

  1. Size of down pipes [Sections 8(2) and 25(2)(f)].- A down pipe of minimum area of 12 square inches shall be provided for every 500 square feet of the flat roof area (slope of roof being 1 : 48) or for every 1,000 square feet of sloping roof area (slope of roof exceeding 1 : 48).
  2. Storm water not to drain into sewer [Sections 8(2) and 25(2)(f)].- The runoff from the roof, paved area (but excluding paved court-yard) and over- flow, if any from the site, shall not be drained into the underground sewerage system.

Inspection and Minor Alterations

  1. Inspection [Sections 8(2) and 25(2)(f)].- Every person by or for whom any[sanitary disposal system], or drainage installation or any work in connection therewith is carried out for any existing or new building or in any other premises shall at all reasonable times afford the Director or any officer duly authorised by him free access to such water-borne sanitary installation or drainage installation or work in connection therewith for the purpose of inspection.
  2. Minor alterations in case of emergency [Sections 8(2) and 25(2)(f)].- In any case in which a minor alteration to a [sanitary disposal system] or drainage installation must be carried out at once, every person who is about to carry out such alteration shall, in lieu of depositing the plans, sections and particulars referred to in the foregoing rules forthwith inform the Director in writing of such proposed alteration. He shall also within fourteen days of the commencement of such alteration make the deposits required by these rules.
  3. Carrying out of work [Sections 8(2) and 25(2)(f)].- All work required to be done for the installation or repair of sanitary fittings shall be entrusted to a plumber holding any of the qualifications laid down in Schedule III to these rules.

Part VIII

Miscellaneous

Demolition, Appeal and Maintenance of Records

  1. Register of applications for permission and licences [Sections 8(2) and 25(2)(f)].- The Director shall maintain the following registers in the form noted against each in respect of permissions or licences granted or refused by him under Section 8 and in respect of orders of demolition issued under sub- section (2) of Section 12 of the Act :-

(a) A register in Form M-1 showing particulars of all cases in which permission to erect or re-erect a building in existence immediately before the commencement of the Act and involving structural alteration or addition, within 30 metres of a scheduled road or 100 metres of bye-pass or for laying out of a means of a scheduled road under clauses (b) and (c) of the provision to Section 3 respectively is granted or refused.

(b) A register in Form M-II in which particulars of all cases in which permission to erect or re-erect a building or make or extend an excavation or to lay out means in a controlled area is granted or refused.

(c) A register in Form M-III in which particulars of all cases in which permission for change of use of land within a controlled area for the purpose of setting up a private colony is granted or refused.

(d) A register in From M-IV in which particulars of all cases in which license is a controlled area for charcoal-kiln, potter-kiln, lime-kiln, brick-kiln or brick field or for quarrying stone, bajri, surkhi, kankar or for some other similar extractive or ancillary operation is granted or refused.

(e) A register in Form M-V showing particulars of all cases in which orders of demolition under sub-section (2) of Section 12 are issued.

  1. Copies and Fees [Sections 8(2) and 25(2)(f)].- Copies of survey record, field book, plans, orders and other documents prepared under the Act shall be available on payment of the fees mentioned below :-
1. For copies of entries in the register or linear map prepared under rule 3 :-
(a) Entries in register Re. 1.00 per entry
(b) Linear map Rs. 10.00 for every one mile of the road or part thereof indicated in the map.
2. Copy of entries in the registers mentioned in rule 126. Re. 1.00 per entry.
3. Copy of orders of the Director granting or refusing permission under Section 8 of the Act. Rs. 2.00 per order.
4. Copy of development plan drawing of a controlled area. Rs. 10.00 per order.
5. Copy of development plan including all enclosures. Rs. 30.00 Rs.
6. Duplicate licence Rs. 2.00
7. Other records. Re. 1.00 per page.

Note. - (1) Preparation of copies of documents shall not be undertaken unless the prescribed fees have been deposited by the applicant in advance in the office concerned.

(2) Copying fee once paid shall not be refunded.

  1. Order of demolition under Section 12(2) [Sections 12(2) and 25(i)].- Where a person 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 provision of Section 3 or Section 6 or in contravention of any conditions imposed by these rules or by an order under Section 8 or Section 10, or uses any land in contravention of the provisions of sub-section (1) of Section 7 or Section 10, the Director shall issue an order under sub-section (2) of Section 12 to the person in Form M-VII :

Provided that a reasonable opportunity shall be given to the defaulter to show cause by notice in Form M-VI before issuing the said order or demolition.

  1. Procedure for hearing appeals [Section 25(2)(h)].- (1) An appeal instituted before the Commissioner under Section 10 shall bear a court fee stamp of ten rupees.

(2) The memorandum of appeal containing grounds of appeal shall be accompanied by a copy of order appealed against and a sketch/plan of the building/site in question.

(3) The Commissioner shall hear the appellant and call for the comments of the Director, Town and Country Planning, [Haryana], Chandigarh, as also of the Director who passed the order appealed against, in case he is a different officer, and shall consider these comments before final disposal of the appeal.

Form SR I

[See rule 3(2)]

Register of buildings, excavations and means of access to roads within 100 metres on either side of road reservation of bye-pass, or within 30 metres of the road reservation on either side of a scheduled road.

(i) District ____________________________________________________

(ii) From mile/kilometer ____________ to mile/kilometer ______________

(iii) Name of scheduled road/bye-pass_______________________________

Serial No. Date of survey Location of building excavation, or access to road Right hand side or left side Description of building, excavation or access to road Purpose for which the building mentioned in column Reference No. to survey sheet to which entry in column 5 relates
1 2 3 4 5 6 7
             
Signature with designation of Official conducting survey Signature of Director

Form SR II

(See Rule 4)

Form of application for permission under Clause (b), (c) or (d) of the proviso to Section 3 of the Punjab Scheduled Roads and Controlled Unregulated Development Act, 1963.

To

________________

________________

Sir,

As my/our request for permission pertains to a site lying within 30 metres of a scheduled road or 100 metres of a bye-pass, I/We beg to apply for permission as under :-

[(A) For erection or re-erection of a building which was in existence immediately before the commencement of the Act and which involves structural alterations or additions the details whereof have been given below :-]

(i) Exact location of the building indicating name of the road or bye-pass and milestone;

(ii) Since when existing;

(iii) Purpose for which the present building is used;

(iv) Reason why erection or re-erection with structural alterations or additions, necessary.

The following plans are enclosed :-

(i) Site plan in triplicate indicating location of the building.

(ii) Building plan in triplicate.

(B) For laying out means of access to a scheduled road or bye-pass with particulars as under :-

(i) Name of road/or bye-pass to which access desired.

(ii) Point at which access desired indicating number of mile stone or furlong stone etc.

(iii) Layout of the junction of the access with the road or bye-pass.

(iv) Reason for which access required.

(v) Applicant's title to land under the proposed access.

(vi) Revenue particulars of the land under the proposed access.

I/We enclose a site plan indicating the proposed access.

[(C) For erecting or re-erecting a motor-fuel-filling station or a bus-queue-shelter.]

The following plans are enclosed :-

(i) Site plan in triplicate indicating location of the proposed station or shelter with reference to the mile stone or furlong stone.

(ii) Building plan in triplicate

Yours faithfully,

Name and Full Address

Form SR III

(See rule 7)

Form of order of grant or refusal to grant permission under Section 3 of the Punjab Scheduled Roads and Controlled Area Restriction of Unregulated Development Act, 1963.

To

-------------

-------------

Sir,

Reference your application dated ------------- for permission to -------------

(a) erect or re-erect building;

(b) laying out means of access to a road;

(c) erection or re-erection of motor-fuel-filling stations or bus-queue-shelter;

in accordance with the plans submitted by you, permission is hereby ---------

[(a) granted for the aforesaid work;]

(b) refused for reasons given on the reverse

(c) granted subject to the conditions given below

Yours faithfully

Director

__________ __________ __________

Form CL-I

(See rule 11)

Form of application by a coloniser for permission under Section 8 of the Punjab Scheduled Roads land Controlled Areas Restriction of Unregulated Development Act, 1963.

To

The Director,

Town and Country Planning Department, Punjab.

Chandigarh.

Controlled Area --------------

Sir,

I/We beg to apply for permission to change the existing use of land for the purposes of setting up a colony by sub-dividing and developing into building plots for residential/Industrial/Commercial/Other purpose.

  1. I/We enclose the following documents in triplicate :-

(i) Copy or copies of all title deeds and/or other documents showing the interest as coloniser in the land under the proposed colony, along with a list of such deeds and/or other documents.

(ii) A copy of the Shajra Plan showing the location of the colony alongwith the name of the revenue estate, khasra number of each field and the area of each field.

(iii) A guide map on a scale of not less than 1 kilometer to 10 centimeter showing the location of the colony in relation to surrounding geographical feature to enable the identification of the site.

(iv) A survey map plan of the land under the colony on a scale of 1" to one hundred feet showing the spot levels at a distance of 100 feet and, where necessary, contour plans. The survey will also show the boundaries and dimensions of the said land, the location of streets, buildings, and premises within a distance of at least 100 feet of the said land and existing means of access to it from existing roads.

(v) Layout plan of the colony on a scale of 1" to one hundred feet, showing the existing and proposed means of access to the colony, the width of streets, sizes and types of plots, sites reserved for open spaces, community buildings and schools with area under each and proposed building lines on the front and sides of plots.

(vi) An explanatory note explaining the salient features of the proposed colony, in particular the sources of water-supply, arrangement for disposal and treatment of storm and sullage water and sites for disposal and treatment of storm and sullage water.

(vii) Plans showing the cross-sections of the proposed roads showing in particular width of the proposed carriage ways, cycle tracks and footpaths, green verges, position of electric poles and of any other works connected with such roads.

(viii) Plans referred to in clause (vii) above indicating in addition the position of sewers, storm water channels, water-supply and any other public health services.

(ix) Detailed specifications and designs of roads works shown in clause (vii) above and estimated cost thereof

(x) Detailed specifications and designs of sewerage, storm water and water-supply schemes with estimated cost of each.

(xi) Detailed specifications and designs for disposal and treatment of storm and sullage water and estimated costs of works.

  1. The names and qualifications of the Engineer responsible for the execution of the development works of the colony are given below and this Engineer has also signed below in token of his engagement.
Name of Engineer Qualification of Engineer mentioned in column 1 Signature of Engineer mentioned in column 1
1.
2.
3.

Dated

Yours faithfully

(Name and full address)

Form CL-II

(See Rule 19)

Agreement by a coloniser intending to set up a colony

This Agreement made on the________day of ____ one thousand nine hundred and sixty______ between Shri _______ son of Shri _____ resident of _____ (hereinafter called "the Coloniser") of the one part AND the Governor of Punjab acting through the Director, Town and Country Planning Department, Punjab, of the other part (hereinafter referred to as the "Government").

(i) Whereas the coloniser is seized of or otherwise well entitled to the land mentioned in Annexure hereto, which said land is within the controlled area of .........and is affected by the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, and rules made thereunder, hereinafter, referred to as the Act and rules.

(ii) And Whereas under rule 19 of the said rules one of the conditions for the grant for permission is that the coloniser shall enter into an agreement for carrying out and completion of development works in accordance with the permission finally granted.

Now This Deed Witnessth As Follows

  1. In consideration of the Director agreeing to grant permission to the coloniser to set up the said colony on the land mentioned in Annexure hereto on the fulfillment of all the conditions of rule 19 by the coloniser, the coloniser hereby covenants as follows :-

(a) That the coloniser shall be responsible for the maintenance and upkeep of all roads, open spaces, public parks and public health services for a period of five years from the date of issue of the completion certificate under rule 22, unless earlier relieved of this responsibility, by the Government or a local authority, as the case may be, when the coloniser shall transfer all such roads, open-spaces, public parks and public health services free of cost to the Government or the local authority as the case may be.

(b) That the coloniser shall at his own cost construct or get constructed by any other institution or individual at its cost, schools, hospitals, community centres and other community buildings on the land set apart for this purpose, or if so desired by the Government, shall transfer to it any time it may desire free of cost land thus set apart for schools, hospitals, community centres and other community buildings, in which case the Government shall be at liberty to transfer such land to any person or institution including a local authority on such terms and conditions as it may lay down.

(c) That the coloniser shall permit the Director or other officers authorised by him in this behalf to inspect the execution of the layout and the development works in the colony and the coloniser shall carry out all directions issued by them for ensuring due compliance of the execution of the layout and development works in accordance with the permission granted.

(d) That the coloniser shall pay proportionate Development charges as and when required and as determined by the Director in respect of laying out and construction of main lines of roads, sewerage, drainage, water supply and electricity if and when laid by the Government, or any other local authority.

(e) That without prejudice to anything contained in this agreement all the mandatory provisions contained in the Act and the rules shall be binding on the coloniser.

  1. Provided always and it is hereby agreed that if the coloniser shall commit any breach of the terms and conditions of this agreement or violate any mandatory provision of the Act of rules, then and in any such case, and notwithstanding the waiver of any previous cause of right, the Director may revoke the permission granted to him.
  2. Upon revocation of the permission under clause 2 above the Director may carry out and complete of cause to be carried out or completed the development works in the colony and recover such charges as may be incurred on the said development works from the Bank standing at guarantee for the carrying out of the works by the coloniser (to the extent of the guarantee).
  3. That the coloniser shall be entitled to the refund of the earnest money deposited by him within six months of the grant of permission under rule 20 subject to deduction of such charges therefrom as may be determined by the Director for the security of the plans, estimates and works in respect of the colony.
  4. The stamp and registration charges on this deed shall be home by the coloniser.
  5. The expression the "Coloniser" hereinbefore used shall include his heirs, legal representatives, successors and permitted assigns.
  6. After the layout and development works or part thereof in respect of the colony or part thereof have been completed and a completion certificate in respect thereof issued, the Director may, on an application in this behalf from the coloniser, release within a period of six months of the date of the application the Bank guarantee or part thereof as the case may be, after adjusting the expenditure, if any, incurred as provided under rule 24(5); provided that if the completion of the colony is taken in parts only the part of the Bank guarantee corresponding to the part of the colony completed shall be released, and provided further that always 1/5th of the Bank guarantee shall be kept unreleased to ensure upkeep and maintenance of the colony or the part thereof, as the case may be, for a period of five years from the date of issue of the completion certificate under rule 22, or earlier, till such time as the coloniser is earlier relieved of the responsibilities in this behalf by the Government or a local authority.

In witness whereof the coloniser and the director have signed this deed on the day and year first above written.

Signed by Witnesses The Director The coloniser

Form CL-III

[See Rule 20(2)]

Form of refusal of grant of permission for setting up a colony

Reference your application dated _______ for setting up a residential/industrial/commercial colony in the controlled area at _______

(1) Permission is hereby refused for reasons mentioned below :-

__________________________________________________________

__________________________________________________________

__________________________________________________________

(2) Permission is hereby granted subject to the following conditions :

(a) that the colony is laid out to conform to the approved layout plans and development works are executed according to the designs and specifications shown in the approved plans accompanying this permission.

(b) that the conditions of the agreement already executed are duly fulfilled and the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965, duly compiled with.

Director

Town and Colony Planning, Punjab

Form CL-IV

[See rule 22(1)]

To

The Director,

Town and Country Planning Development, Punjab,

Chandigarh.

Dear Sir,

Kindly refer to your order No...... dated .... granting permission to the setting up of a colony in the controlled area ..............

I/We have to intimate that the said colony has been laid out and competed/part of the colony as shown on the enclosed plan has been completed in all respects as per permission accorded by you. I/We, therefore, request that a completion certificate in respect of the whole colony/the said part of the colony may kindly be issued to us as required under rule 22(1).

As required I/We enclose the layout plan of the colony in triplicate showing the whole area/part thereof over which the aforesaid works have been completed.

Dated :

Yours faithfully

Name and address of Coloniser

Form CL-V

[See rule 22(2)]

To

___________

___________

Reference your application requesting for completion certificate in respect of your colony/part of the colony for which permission was granted, vide this office No ___________ dated _______

  1. It is hereby certified that the required development works on the whole of the colony/part of the colony as indicated in the enclosed layout, duly signed by me.

(1) have been completed to my satisfaction.

or

(2) have not been completed as per details given below :-

1.

2.

3.

Director

Town and Country Planning, Punjab

Form CL-VI

[See rule 24(1)]

To

__________

__________

Whereas it has come to my notice that :-

(a) the execution of the layout plan and the development works have not been commenced within three months of the order granting permission to you.

(b) layout of the colony has not been done as per approved layout plan and is deficient in following respects :-

1.

2.

3.

(c) Development works are not being executed as per permission granted in this behalf and are deficient in the following respects :-

1.

2.

3.

  1. You are hereby required to set the aforesaid deficiencies and deviations in order within a period of ---------

Director,

Town and Country Planning, Punjab.

Form CL-VII

[See rule 24(2)]

Whereas a notice under rule 24(1) was issued to you, vide No_____ dated _______

And whereas despite this notice you have failed to comply with that notice.

You are hereby required to show cause within one month why the permission already granted to you under rule 20 in respect of the aforesaid colony should not be cancelled. If no reply is received within one month it will be presumed that you have no cause to show, and further action will be taken in accordance with the rules.

Director,

Town and Country Planning, Punjab.

Form CLU-I

(See rule 26-A)

Form of application by a person other than coloniser for permission under Section 8 of the Punjab Scheduled Roads and Controlled Area Restriction of Unregulated Development Act, 1963,

To

The Director,

Town and Country Planning Department,

Haryana, Chandigarh.

Controlled Area_______________

Sir,

I/We beg to apply for permission to change the existing use of land for the purpose of developing the land into buildings for residential/industrial/commercial/ other purposes. I/We enclose the following documents in triplicate :

(1) A survey of the land on a scale of 1" to forty feet showing the existing means of access to the said land.

(2) Copy of the deed showing the title of the applicant to the land.

Dated :-

Yours faithfully,

Name and full address

Form CLU-II

(See rule 26-D)

Agreement by a person other than coloniser intending to change the existing use of the land in a controlled area.

This Agreement made on the ..... day of..... one thousand, nine hundred and sixty.....between Shri ....., son of Shri ... resident of ....... (hereinafter called the 'Promisee') of the one part and the Governor of Haryana acting through the Director, Town and Country Planning Department, Haryana (hereinafter referred to as the "Government") of the other part.

(i) Whereas the promisee is seized of or otherwise shall be entitled to the land mentioned in Annexure hereto, which said land is within the controlled area of ......and is affected by the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, and the rule made thereunder, hereinafter referred as the Act and Rule;

(ii) And Whereas under rule 26-D of the said rules one of the conditions for the grant of permission is that the promisee shall enter into an agreement for fulfilling the conditions in accordance with the permission finally granted.

Now This Deed Witnessth As Follows :-

  1. In consideration of the Director agreeing to grant permission to the promisee to build ....... on the land mentioned in Annexure, hereto on the fulfillment of all the condition of rule 26-D by the Promisee hereby convenance as follows :-

(a) That the promisee shall pay proportionate development charges which shall be a first change on the said land as and when required and as determined by the Director in respect of external development works which may be carried out in the area for the benefit of the said land.

(b) That the promisee shall be responsible for making arrangement for the disposal of affluent to the satisfaction of the Director.

(c) That the promisee shall get the plan approved from the Director before commencing any construction on the said land.

(d) That the promisee shall not except with the previous permission of the Director sell the said land or portion thereof unless the said land has been put to use permitted by the Director and to use the said land only for the purpose permitted by the Director.

(e) That the promisee shall start the construction on the said land within a period of six months from the date of issue of orders permitting the change of land use.

  1. Provided always and it is hereby agreed that if the Promisee shall commit any breach of the terms and conditions of this agreement then, notwithstanding the waiver of any previous cause or rights, the Director may revoke the permission granted to him.
  2. Upon revocation of the permission under clause 2 above the Director may recover the proportionate development charges incurred on the said development works pertaining to the said land, as may be determined by the Director from the Bank Standing as Guarantee.
  3. The stamp and registration charges on this deed shall be borne by the Promisee.
  4. The expression the "Promisee" hereinbefore used shall include his heirs, legal representatives, successors and permitted assigns.
Signed by witnesses The Director The Promisee

Form CL-III

(See Rule 26-E)

Form of refusal or grant of permission to change the existing use of the land.

Reference your application dated ...... for constructing residential/industrial/commercial building in the controlled are a at .....

(1) Permission is hereby refused for reasons mentioned below :-

______________ _____________ _____________

(2) Permission is hereby granted subject to the following conditions :-

(a) that the building is constructed to confirm to the approved plans accompanying this permission; and

(b) that the conditions of the agreement already executed are duly fulfilled and the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965, are duly complied with.

Director,

Town and Country Planning, Haryana.

Form AC-I

(See rule 27)

To

_____________ _____________

Sir,

I/We beg to apply for permission for laying out means of access in the controlled area ....... of which details are given below :-

(i) Name of the road to which access desired.

(ii) Points at which access desired indicating the number of milestone/furlong stone.

(iii) Reasons for access.

(iv) Applicant's title to land under the proposed access.

(v) Revenue particulars of the land under the proposed access.

  1. As required, I/We enclose a site plan in triplicate indicating the proposed access and details of the proposed junctions.
  2. I/We also enclose a plan showing the cross-section in triplicate of the proposed access road indicating thereon the width proposed to be metalled and the specifications thereof and hereby undertake to construct same accordingly. Dated

Yours faithfully,

Name and Address

Form AC-II

(See Rule 30)

Form of grant/refusal to grant permission for laying out means of access to a road within a controlled area.

To

______________ ______________

Sir,

Reference your application, dated _______for permission to layout means of access to road.

In accordance with the plan submitted with it, permission is hereby :-

(a) refused for reasons given below :-

_______________ _______________

(b) granted subject to the conditions given below :-

_______________ _______________

Note - This sanction will remain valid for a period of one year during which the access should be laid and completed in all respects.

(In case of (b) above).

Yours faithfully,

Director

Form BK-I

(See Rule 32)

Application for a licence for setting up charcoal-kiln/pottery-kiln, lime-kiln, brick-kiln or brick field or for quarrying stone, bajri, surkhi, kankar, in a controlled area under Section 8 of the Act.

To

______________ ______________

Sir,

I/We beg to apply for grant/renewal of license for the setting up of a charcoal-kiln/pottery-kiln/brick-kiln/brick field or for quarrying, stone, bajri, surkhi, kankar in the Controlled Area __________

  1. As required, I/We submit the following in triplicate :-

(i) a guide map on a scale of not less than 6" to a mile showing the location of the site within the controlled area.

(ii) a site plan on a scale of not less than 1" to 40" showing the boundaries of the land, the portion of the land which is to be excavated and portion in which kiln or machinery is to be installed.

(iii) a cross-section through the portion of the land proposed for excavation showing:-

(a) existing levels, and

(b) the average levels to which it is to be excavated.

  1. I/We enclose a demand draft for [Rs. 1500] in lieu of the prescribed fees.

[4. Copy of the deed showing the title of the applicant to land]

Dated :

Yours faithfully,

Address

Form BK-II

(See Rule 35)

Form of licence under Section 8 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, for setting up a charcoal-kiln/pottery-kiln/lime-kiln/brick-kiln or brick field or for quarrying stone, bajri, surkhi, kankar, etc. in controlled areas.

Name and address of licencee __________________________________

Purpose of licence ___________________________________________

Description of land covered by licence ___________________________

  1. Licence is hereby granted under Section 8 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 with particulars given below :-
  2. This licence is applicable only to the land indicated in the attached site plan bearing my signature and seal of office.
  3. This licence is valid upto .....31st December, 19

Renewed up to .................. 31st December, 19

Renewed up to .................. 31st December, 19

Renewed up to .................. 31st December, 19

  1. This licence is subject to the following conditions :-

(i) The position of the land earmarked for excavation as shown in the site plan shall alone be excavated.

(ii) The excavation shall not exceed a depth on 5 feet.

(iii) No permanent buildings shall be constructed on the site.

Dated_______

Director

Form BR-I

(See Rule 39)

Form of application

Class of building - Residential

Commercial

Public

Warehousing or Industrial

Form -

_______________ _______________

To

The Director, Town and Country Planning, Punjab,

Chandigarh.

Sir,

I/We apply for permission to erect/re-erect/add to after a building/wall in accordance with the plans submitted herewith on the site Nos. ______ Street _______ at ____________

  1. I/We attach :-

(a) a site plan in triplicate showing the position of the site proposed to be built upon as required by the rules.

(b) plans elevations and sections in triplicate as required by the rules.

(c) drainage plans, engineering drawings (structural) in triplicate as required by the rules; and

(d) specifications of the proposed building [in triplicate; and]

[(e) a demand draft as prescribed under the rules.]

  1. The construction of the building will be supervised by_________ supervisor-cum-architect.

Dated. Signature of applicant

Enclosures

Form BR-II

(See Rule 39)

Specifications

The materials to be used in the construction to be clearly specified under the following heads :-

Items Specifications
(a) Foundations
(b) Walls
(c) Damp-proof course
(d) Floors
(e) Roofs
(f) Windows and Doors and other wood-work
(g) Steel work
(h) Internal finish
(i) External finish.

Signature of applicant

Signature

Supervisor-cum-Architect.

Form BR-III

(See Rule 44)

Form of Sanction

From

The Director,

Town and Country Planning Department, Punjab,

Chandigarh.

To

_____________

_____________

Memorandum No.

Dated the _______________

Reference you application for permission to erect/re-erect-add to/alter a building on plot No ___________ in accordance with the plans submitted with it.

Permission is hereby :-

(i) granted for the aforesaid construction subject to the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, and rules framed thereunder :-

(ii) refused for reason given below :-

____________________

____________________

(iii) Sanctioned for construction subject to the following amendments :-

____________________

____________________

Enclosures

Director

Form BR-IV

[See Rule 47(2)]

Application for permission to occupy

From

_______________

_______________

To

The Director,

Town and Country Planning, Punjab,

Chandigarh.

Sir,

I/We hereby give you notice that the building/a part of building ................ described below and sanctioned vide your order No. ................ dated ...... has been completed on ..............in all respects according to the sanctioned plans and the suggested modifications have been carried out.

  1. Completion certificate from other architect who supervised the construction of the building is submitted herewith
  2. Kindly issue an occupation certificate as required by rule 47(1) of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Developments Rules, 1965.

Description of building

City ____________________ Street_________________

Plot ________________ House No. (if any ______________

Signature of applicant

Form BR-V

(See Rule 47(2))

Completion certificate by an Architect

I do hereby certify that the following work ..........(insert full particulars of work) has been supervised by me and has been completed to my satisfaction in accordance with the sanctioned plan, that the workmanship and the whole of the materials used are good; that no provision of the Punjab Scheduled Roads Controlled Areas Restriction of Unregulated Development Act, 1963, or the Rules made thereunder and no requisition made, conditions prescribed or order issued thereunder has been transgressed in the course of the work.

City _______________________ Street __________________

Plot No. ____________________ House No. (if any)__________________

Particulars of work ___________________________

Dated

Signature Architect

Form BR-VI

[See Rule 47(1)]

Form of occupation certificate

Form

The Director

Town and Country Planning Department,

Punjab, Chandigarh.

To

________________

________________

Memo No.......

Dated ................

Whereas .......... has applied for the issue of an application certificate in respect of the building described below, I hereby :-

(i) grant permission for the occupation of the said building; or

(ii) refuse permission for the occupation of the said building for reasons given below :-

Description of building

City _________________ Street __________________

Site No ________________ House No. (if any) ________________

Dated ________________________

Director

Schedule I

[See Rule 38(iii)]

Qualification for an Architect

One of the following or higher qualifications shall be essential :-

(1) Qualifications recognised by the Institute of Engineers, India in the Civil Engineering Branch for Associate Membership of the Institute.

(2) Qualifications recognised by the Indian Institute of Architects for Associateship of the Institute.

(3) Qualifications recognised by the Institute of Town Planners, India for Associateship of the Institute with Engineering or Architectural background.

Schedule II

[See Rule 67(1)]

  1. Dead Loading- For the purpose of calculating the dead loading of a building or any part of a building the weights of the materials shall be assumed to be those set out in British Standard Specification No. 648-1935 (Schedule of Unit Weights or Building Materials), or if not set out in that specifications shall be determined by test.
  2. Superimposed Loading- For the purpose of calculating the super-imposed loading on beams, pillars, piers and walls, the minimum superimposed load on each floor and on the roof of a building shall be estimated as equivalent to the dead load specification in the following table for the appropriate type of building, floor of roof:-
Serial No. Description of building floor of roof Pounds per sq. foot of floor area
1. Rooms or residential buildings, flats, hotels, hospital room and wards, corridors, staircases and landings of residential building & flats 40
2. Office floors above entrance floor 50
3. Office-entrance floors and floors below entrance floor 80
4. Religious places, schools, reading rooms, art galleries and similar buildings 70
5. Retail shops and garages for cars of not more than two tons dead weight 80
6. Assembly halls, drill halls, dance halls, light workshops, public space in hotels, hospital corridors, staircases and landings for the buildings mentioned in this table other than described as serial No. 1 above; cinemas, restaurants and grand stands. 100
7. Warehouses, book-stores, stationery stores and buildings similarly used, and garages for motor vehicles exceeding two tons dead weight. Actual load to be calculated but not less than. 200
8. Flat roofs and roofs inclined at an angle with the horizontal of not more than twenty degrees 30
9. Roofs inclined at an angle with the horizontal of more than twenty degrees (per square foot of covered areas) 10

(a) For the purpose of calculating the total load to be carried on pillars, piers and wall of buildings of more than two storeys in height; the superimposed loads for the roof and topmost storey shall be calculated in full in accordance with the schedule of loading set out above, but for the lower storeys a reduction of superimposed loads may be allowed as under :-

Reduction of superimposed loads on pillars, piers and walls :

For the first storey below the topmost storey - 10 percent reduction of its superimposed load.

For the second storey below the topmost storey - 20 percent reduction of its superimposed load.

For the fourth storey below the topmost storey - 40 percent reduction of its superimposed load.

For the fifth storey and each lower storey below the topmost storey - 50 percent reduction of its superimposed load.

These reductions may be made by estimating the proportion of floor area carried by each pillar, pier or wall. No such reduction shall be allowed on any floor scheduled for an applied superimposed load exceeding one hundred pounds per square foot.

(b) Except as hereinafter provided, the wind pressure on a building shall be assumed to be not less than twenty ponds per square foot in any horizontal direction:

Provided that where the height of a building is less than twice its width and where the building is stiffened by walls and floors the wind pressure may be neglected.

(c) A superimposed load which may roll or move on wheels shall be calculated at being equivalent to a static loading which exceeds the weight of the rolling or moving load by not less than fifty per cent.

  1. Partitions.- Where the position of a partition in a building is definitely located in the design, the actual weight of the partition shall be included in the dead floor load.

Where the position of a partition is not definitely located in the design, a uniformly distributed load sufficient to allow for it, shall be added to the dead floor load, and for all such floors used for offices the minimum total allowance for partitions shall be at the rate Of twenty pounds per square foot of floor area.

Schedule III

(See Rules 95 and 125)

Qualifications for Plumbers

One of the following of higher qualifications shall be essential :-

(1) Member of the Royal Sanitary Institution (England) or an equivalent registration in any other foreign country.

(2) Diploma in Sanitary Engineering from Victoria Jubilee Institution of Bombay or from any other recognised institution.

(3) Diploma in Civil Engineering from any College or institution recognised by Government.

(4) Licensed plumber of at least 5 years' standing with the Municipal Corporation of Delhi, Bombay, Calcutta or Madras.

(5) Ten years practical experience in sanitary installation with a firm of repute or under a licensed plumber.

[Schedule-IV]

Rate of conversion Charges in Rupees per square yard (for industrial use)

Zone Name of town/controlled areas Haryana State Industrial Development Corporation/Haryana Urban Development Authority Private Individual Remarks
High Potential Gurgaon block except Manesar, Faridabad, Ballabgarh Blocks Rs. 34.00 Rs. 34.00 Rs. 50.00 Excluding the area under statutory restriction/green belt along scheduled roads

 

Medium Potential Manesar, Bahadurgarh, Kundli & Panipat Rs. 17.00 Rs. 17.00 Rs. 25.00
Low Potential Rest of State Rs. 4.00 Rs. 4.00 Rs. 8.50

[Note : The conversion charges on the Information Technology Industrial Units/Parks to be established before 31st March, 2003 shall be levied at Zero Rate. The rates for such industrial/parks given in the above table shall be leviable after 31st March, 2003.]

Rates of Conversion Charges in Rupees per square yard (For other uses)

High Potential Zone Medium Potential Zone Low Potential Zone
Controlled areas & additional controlled areas around and adjacent to Gurgaon and Sohna Faridabad-Ballabgarh complex for commercial use only Periphery area of Panchkula controlled area around Damdama Lake, Manesar Faridabad- Ballabgarh Complex, Panipat, Sonipat and Bahadurgarh Towns Rest of the State
Abutting on Abutting on Abutting on

 

Land use N.H. S.R. O.R. N.H.
A.Z. C.Z. A.Z. C.Z. A.Z. C.Z. A.Z. C.Z.
Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.
Residential 120 120 90 90 60 60 80 80
Commercial 1000 1000 835 835 665 665 565 565
Institutional and Recreational 80 80 60 60 40 40 40 40

 

S.R. O.R. S.R. N.H. O.R.
A.Z. C.Z. A.Z. C.Z. A.Z. C.Z. A.Z. C.Z. A.Z. C.Z.
Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.
60 60 40 40 20 10 15 8 10 5
475 475 285 285 285 150 75 115 60 75
30 30 20 20 10 5 8 4 5 3

[Notes :- 1. Where a piece of land falls in more than one category the higher/highest rate shall apply.

  1. Abbreviations used indicate N.H. : National Highway; S.R. : Schedule Road; O.R. : Other Roads, A.Z. : Agricultural Zone; C.Z. : Confirming Zone.

4.50% conversion charges shall be charged for food processing unit located in industrially backward are declared by the Industries Department, Haryana.]

Form M-I

[See Rule 126(a)]

Register showing particulars of all cases in which permission to erect or re- erect a building in existence before the commencement of the Act and involving structural alteration or addition within 30 metres of a Scheduled road or within 100 metres of a bye-pass, or for laying out means of access to a Scheduled road under Section 3 is granted or refused along scheduled roads in District______________

1 2 3 4 5 6 7
Serial No. File No. Name & full address Date of application Particulars of the application, e.g., whether application is for permission for erection or re-erection of an existing building involving structural alterations or additions; or for laying out a means of access to a scheduled road Date & brief particulars of the final orders passed by Director, granting or refusing the permission Remarks
             

Form M-II

[See Rule 126(b)]

Register showing particulars of all cases in which permission to erect of re- erect a building or make or extend an excavation or lay out means of access in a controlled area is a granted or refused relating to the controlled area at _______________

1 2 3 4 5 6 7 8
Sr. No. File No. Name & full address Date of application Particulars of application, e.g. whether the request is to erect or re-erect a building or make or extend an excavation or layout a means of access to a road within a controlled area in accordance with plan Brief specification of the erection or re-erection or of means of access mentioned in column 5 Date and brief particulars of the final orders passed by the Director granting or refusing the permission Remarks
               

Form M-III

[See Rule 126(c)]

Register showing particulars of all cases in which permission for change of use of land within a controlled area for the purposes of setting up a private colony is granted of refused relating to the controlled area at _________

1 2 3 4 5
Serial No. File No. Name of the person or society or firm applying for permission with full address Date of application Particulars of the applicant's past experience in the line, if any.
         

 

6 7 8 9 10 11
Area of land proposed to be covered by the colony & name of village with the nearest number of mile-stones/furlong stones Date or dates of acquisition i.e. purchase or agreements to purchase the land under the colony wholly or partly Date on which the applicant is informed of the likelihood of consideration of his request, if any Date on which the land under the colony was notified under Section 4 of the land Acquisition Act Date and brief particulars of the final orders passed by the Director granting or refusing permission Remarks
           

Form M-IV

[See Rule 126(d)]

Register showing particulars of all cases in which licence in a controlled area for charcoal-kiln, pottery-kiln, lime-kiln, brick-kiln, or brick field or for quarrying stone, bajri, surkhi, kankar or for some similar extractive or ancillary operation if granted or refused.

1 2 3 4 5
Serial No. File No. Name and address of the person or society or firm applying for licence. Date of application Purpose of licence e.g. for charcol-kiln, pottery-kiln, lime-kiln, brick-kiln, or brick field or for quarrying stone, bajri, surkhi, kankar or for some similar extractive or ancillary operation.

 

6 7 8 9 10 11 12
Particulars of past experience of the applicant in the line Brief description of land, its location & area on which operation is to be carried out Date & brief particulars of the final orders passed by the Director granting or refusing permission Amount of licence fee paid Date on which the licence expires Date of renewal Remarks

Form M-V

[See Rule 126(e)]

Register showing particulars of all cases in which orders of demolition under Section 12(2) of the Act are issued in the controlled area at _______ outside controlled area in District ___________

1 2 3 4 5 6
Serial No. File No. Particulars of reporting or detecting officer of or Agency Name and address of unauthorised builder or defaulter Location and particulars of site where construction has taken place Description of unauthorised in detail given measurements

 

7 8 9 10 11 12
Date of issue of demolition order Date of compliance by defaulter Date of demolition departmentally in case of non-compliance by defaulter Labour charges incurred & realised with number and date of receipt Whether prosecution launched and if so, results Remarks

Form M-VI

[See Rule 128]

Show cause notice in respect of alleged erection or re-erection/extension of excavation/laying out of means of access/change of use land.

No. __________________ Dated _________________

To

______________

______________

Whereas it has been reported to me that an order of demolition under Section 12(2) should be issued against you on account of your having -

(i) erected/re-erected a building at .............

(ii) made or extended excavation at ..............

[(iii) laid out a means of access to ...... road in contravention of Section 3 or Section 6 or in contravention of the conditions imposed by an order under Section 8/Section 10 of the Act by you.]

[(iv) used land situated at ........ in contravention of provisions of sub- section (1) of Section 7 by ........]

  1. You are, therefore, required to show cause within a period of .... days why the said order be not issued.

Director

Form M-VII

[See Rule 128]

Order under Section 12(2) of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963.

No..................... Dated..........

To

______________

______________

Where as you have -

(i) erected/re-erected a building at ........

(ii) made re-extended excavation at .........

[(iii) laid out a means of access to .... road in contravention of Section 3 or Section 6 or in contravention of the conditions imposed by an order under Section 8/Section 10 of the Act by you.]

[(iv) used land situated at ....... in contravention of the provision of sub-section (1) of Section 7 by ........]

  1. You are hereby required to restore the said land to its original state including the demolition of any building/means of access wherever constructed and you fail to do so within a period of 3 months of the date of this order, I may take such measures including demolition of any building/means of access as may appear to me to be necessary, to give effect to this order, and to recover the cost of such measures from you as arrears of land revenue.

Director