THE PUNJAB REGIONAL AND TOWN PLANNING AND DEVELOPMENT ACT, 1995

THE PUNJAB REGIONAL AND TOWN PLANNING AND DEVELOPMENT ACT, 1995

 

AN ACT to make provision for better planning and regulating the development and use of land in planning areas delineated for that purpose, for preparation of Regional Plans and Master Plans and implementation thereof; for the constitution of a State Regional and Town Planning and Development Board, for guiding and directing the planning and development processes in the State; for Constitution of a State Urban Planning and Development Authority, Special Urban Planning and Development Authorities and New Town Planning and Development Authorities, for the effective and planned Development of planning areas; and for undertaking urban development and housing programmes and schemes for establishing new town; and for matters connected therewith or incidental thereto.


BE it enacted by the Legislature of the State of Punjab in the Forty Sixth Year of the Republic of India as follows:-

 

1. (1) This Act may be called the Punjab Regional and Town Planning and
Development Act, 1995.


(2) It shall extend to the whole of the State of Punjab.


(3) It shall come into force on such date as the State Government may, by
notification, in the Official Gazette appoint.

 

                                             CHAPTER I


                                          PRELIMINARY

 

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


(a) "agriculture" includes horticulture, farming, 'growing of crops, fruits, vegetables,
flowers, grass, fodder and trees ; or any kind of cultivation of soil, breeding and
keeping of livestock including cattle, horses, donkeys, mules, pigs, fish, poultry and bees ; and use of land which is ancillary to the farming of land or any other
agricultural purposes; but does not include the use of any land attached to a building for the purposes of garden to be used along with such building and expression "agricultural" shall be construed accordingly;


(b) "amenities" means any one or more than one utilities such as roads, streets, open spaces, parks, recreational, grounds, play grounds, water and electric supply, street lighting, sewerage, drainage, public works and other utilities, services and
conveniences ;


(c) "Arbitrator" means an Arbitrator appointed as such under Section 102 ;


(d) "Authority" means the Punjab Urban Planning and Development Authority constituted under Section 17 or a Special Urban Planning and Development Authority constituted under Section 29 or a New Town Planning and Development Authority constituted under Section 31;


(e) "Board" means the Punjab Regional and Town Planning and Development Board constituted under Section 3 ;


(f) "building" means any construction or part of a construction which is intended to be used for residential, commercial, industrial or other purposes, whether in actual use or not, and includes any out-house, stable, cattle shed and garage;


(g) "building operations" include-


(i) erection or re-erection of a building or any part of it ;


(ii) roofing or re-roofing of a building or any part of a building or an open space ;


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


(iv) any such alteration of a building as is likely to affect an alteration of its
drainage or sanitary arrangements, or materially affect its security ;


(v) the construction of a door opening on any Street or land not belonging to the
owner ;


(h) "bypass" means a * [road specified in the schedule to this Act, provided] as a
permanent diversion to a scheduled road, whether such diversion is situated within or without the limits of Local Authority and whether it is constructed before or after the commencement of this Act and includes a road which is specified as bypass by the State Government, by notification, for the purposes of this Act ;


(i) "Chapter" means a Chapter of this Act ;


(j) "Chief Administrator" means the Chief Administrator of the Authority;

 

(k) "commerce" means the carrying of any trade, business or profession, sale or
exchange of goods of any type whatsoever, and includes the running of, with a view to make profits, hospitals or nursing homes, infirmaries, educational institutions, and also includes hotels, restaurants and boarding houses not attached to educational institutions and the expression "commercial " shall be construed accordingly ;

(l) "commercial use" includes the use of any land or building or part thereof for purposes of commerce or for storage of goods, or as an office, whether attached to any industry or otherwise ;


(m) "Competent Authority" shall mean any person or authority appointed by the State Government, by notification, to exercise and perform all or any of the powers and functions of the competent authority under this Act :


Provided that in relation to an area falling within the jurisdiction of a Municipality or a Municipal Corporation the powers of the Competent Authority under Chapter XI of this Act, except the powers in respect of change of land use exercised under section 81, shall be exercised and performed by the Municipality or the Municipal Corporation in whose jurisdiction such an area falls ;


(n) "court" means a principal civil court of original jurisdiction, and includes any other civil court empowered by the State Government to perform the functions of the court under this Act within the pecuniary and local limits of its jurisdiction ;


(o) *["development" with its grammatical variations cognate expressions means the carrying out of building, engineering, mining, quarrying or other operations in, on, over or under land or making or any structural or material change in any building or land including that which affects the appearance or any feature of a heritage site and includes demolition of any part or whole of the building or change in use of any building or land and also includes reclamation, redevelopment, a layout or subdivision of any land and the expression "develop" shall be construed accordingly;


(oo) "development rights" means a right to carry out development or to develop the land or building or both and shall include the transferable development right in the form of right to utilise the floor area ratio or land utilisable either on the remainder of the land partially reserved for the public purpose or elsewhere, as may be provided in the zoning regulations;]


(p) "engineering operations" include the formation or laying out of means of access to a road or the laying out of means of water supply, drainage, sewerage, or of electricity cables or lines or of telephone lines or any other communication lines of cables ;


(q) "erect or re-erect" any building includes,-


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


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

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


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


(v) such alterations of a building as effect an alteration its drainage or sanitary
arrangements or materially effect its security ;


(vi) the addition of any rooms, buildings, out - houses or other structures to any
building ; and


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


(r) "Estate Officer" means a person appointed by the Authority to perform the functions of an Estate Officer under this Act;


*[(rr) "floor area ratio" means the ratio derived by dividing, the total covered area of all floors by the area of plot;

(rrr) "Heritage site" includes buildings, artefacts, structures, areas, precincts of historical or aesthetical or architectural or educational or scientific or cultural or
environmental significance and those natural features of environmental significance or scenic beauty as may be declared as such by the Competent Authority by a notification;]


(s) "Land" includes benefits to arise out of land and things attached to the earth or permanently fastened to any thing attached to the earth;


(t) "local authority" means a Municipal Corporation, a Municipal Committee, a Municipal Council, a Town Improvement Trust, a Cantonment Board, a Zila Parishad, a Panchayat Samiti or a Gram Panchayat, or, any other authority entrusted with the functions of a local authority under any law for the time being in force ;


(u) *["Master Plan" means Master plan prepared under this Act and includes a New Town Development Plan];


(v) "means of access" includes any means of access, whether
private or public, for vehicles or for foot passengers, and includes a road;


(w) "member" means a member of the Board or a member of the Authority and includes -


(i) the Chairman and the Member Secretary, in the case of the Board ; and


(ii) the Chairman, Vice-Chairman and the Chief Administrator, in the case of the
Authority ;


(x) "occupier" include,-


(a) a tenant ;


(b) an owner in occupation of, or otherwise using his land or building or part
thereof ;


(c) a rent-free occupant of any land or building or part thereof ;

(d) a licence in occupation of any land or building or part thereof;


(e) any person, who is liable to pay to the owner damages for the use and
occupation of any land or building or part thereof;


(y) "operational construction" means any construction whether temporary or permanent, which is necessary for operation, maintenance, development or execution of any of the following services, namely :-


(i) railways ;


(ii) national highways ;


(iii) national waterways ;


(iv) airways and aerodromes ;


(v) posts and telegraphs, telephone, wireless, broadcasting and other such like
forms of communication ;


(vi) regional grid for electricity ;


(vii) any other service which the State Government may, if it is of opinion that the
operation, maintenance, development or execution of such other service is
essential to the life of the community, by notification, declare to be a service
for the purposes of this clause ;


Explanation - For the removal of doubts, it is hereby declared that the construction of -


(i) new residential buildings except those connected with operations like gate
lodges, hospitals, clubs, institutions, schools, railway colonies, roads, drains
and the like in the case of railways ; and


(ii) a new building, new structure of a new installation or any extention thereof, in
the case of any other service, shall not be deemed to be construction within
the meaning of this clause ;


(z) "owner" includes a mortgagee in possession, a person who for the time being is receiving or is entitled to receive, or has received, the rent or premium of any land whether on his own account or on account of or on behalf of or for the benefit of any other person or as an agent, trustee, guardian, or receiver for any other person or for any religious or charitable institution or who would so receive the rent or premium or be entitled to receive the rent or premium if the land were let to a tenant ; and includes the Head of a Government Department, General Manager of a Railway, the Secretary or other principal officer of a local authority, statutory authority or company, in respect of properties under their respective control ;


(za) "Planning Agency" means the Punjab Urban Planning and Development Authority, a Special Urban Planning and Development Authority, a New Town Planning and Development Authority, a local authority or the Town and Country Planning Wing of the Department of Housing and Urban Development, designated as such by the *[State Government] under section 57 of this Act for a planning area ;


(zb) "planning area" means a regional planning area, a local planning area or a site for a new town declared as such under section 56 of this Act ;


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


(zd) "reconstituted plot" means a plot which is altered in ownership or in any other way by the framing of a town development scheme under this Act ;


(ze) "Regional Plan" means a Regional Plan prepared under Chapter IX of this Act ;
(zf) "regulations" means regulations made by the Board, or the Authority under this Act ;

(zg) "road reservation in relation to a scheduled road" means the land whether metalled or unmetalled, which vests in the State Government or the Central Government or a local authority, for the purposes of such road and the boundaries of which are demarcated by pillars, post or wires or in any other manner ;


(zh) "rules" means rules made under this Act ;


(zi) "scheduled road" means a road specified in the Schedule to this Act which is wholly situated within the State of Punjab and where any road so specified is not so wholly situated, the portion of such road which is situated in the State of Punjab, and includes a "by-pass" and shall also include any road which the State Government may, by notification , add to the Schedule to this Act.*[…..].


(zj) "scheme" means any town and development scheme framed under this Act ;


(zk) "section" means the section of this Act ;


(zl) "State Government" means the Government of the State of Punjab ; and


(zm) "transferee" means a person, including a firm or other body of individual, whether incorporated or not, to whom a site or building is sold, leased or transferred under this Act and includes his successors and assignees ; and


(zn) "Tribunal of Appeal" means the Tribunal of Appeal appointed as such under section 105.

 

 

                                         CHAPTER II


ESTABLISHMENT OF THE PUNJAB REGIONAL AND TOWN PLANNING AND DEVELOPMENT BOARD.

 

3. As soon as may be, after the commencement of this Act, the State Government shall, by notification in the official Gazette, establish for the purposes of carrying out the functions assigned to it under this Act, a Board to be called the Punjab Regional and Town Planning and Development Board.


4.(1) The Punjab Regional and Town Planning and Development Board established under section 3 shall consist of a Chairman, Vice Chairman, a Member-Secretary and the following other members, namely:


(a) not more than twelve ex officio members to be nominated by the State Government from amongst the Ministers including the Ministers-in-charge of Housing and Urban Development and Local Government and the Secretaries to Government of Punjab including Secretary to Government of Punjab, Department of Local Government and other officers of the State Government ; and


(b) not more than three non-official members to be nominated by the State
Government from amongst the persons having special knowledge or practical
experience in matters relating to housing, engineering, regional and town planning, development and management thereof.


(2) The Chief Minister, Punjab, and the Minister-in-charge of Housing and Urban
Development shall be respectively the Chairman and the Vice-Chairman of the
Board:


Provided that in the absence of the Chairman, and the Vice-Chairman any member of the Board to be nominated by the Chairman shall preside over the meeting of the Board.


(3) The Secretary to Government of Punjab, holding the charge of Housing and Urban Development shall be the Member-Secretary of the Board.


(4) The appointment of members nominated under clauses (a) and (b) of sub-section (1) of this section shall be notified by the State Government in the Official Gazette and they shall be entitled to receive such remuneration or allowances or both as the State Government may prescribe.


(5) The members of the Board shall hold office at the pleasure of the State Government.


5.(i) A person shall be disqualified for being nominated as and for being a member of the Board, if he-(a) has been convicted by a criminal court at any time after the 26th day of January, 1950 for an offence involving moral turpitude, unless such conviction has been set aside ;


(b) is an undischarged insolvent ;


(c) is of unsound mind.


(2) If any question, dispute or doubt arises as to whether or not any person is eligible for membership of the Board or has incurred any of the disqualifications specified under sub-section (1) whether before or after becoming a member, it shall be determined by the State Government whose decision shall be final and binding.


6. If a member of the Board nominated under clause (b) of sub-section (1) of section 4 -


(a) becomes subject to any disqualification referred to in section 5; or


(b) absents himself, without permission of the Chairman, from three consecutive
meetings of the Board, the State Government shall declare his office to be
vacant.


7. If the State Government is of opinion that any member nominated under clause (b) of sub-section (1) of section 4 is guilty of misconduct in the discharge of his duties, or is incompetent or has become incapable of performing his duties as such member, or that he should for any other good and sufficient reason be removed the State Government may, after giving the member an opportunity of showing cause against his removal, remove him from office.


8. Any member nominated under clause (b) of sub-section (1) of section 4 may resign from the membership of the Board by giving notice in writing to the State Government and on such resignation being accepted by the State Government, he shall cease to be a member of Board.


9. In the event of a vacancy in the office of any member nominated under clause (a) or clause (b) of sub-section (1) of section 4, the vacancy shall be filed by the State Government in the manner laid down in the aforesaid clause (a) or clause (b), as the case may be.


10. The Board shall have its headquarters at such place as may be notified by the State Government from time to time.


11.(1) The Board shall meet at such times and places as the Chairman may determine and shall, subject to the provisions of sub-section (2) and (3), observe such procedure in regard to the transaction of business at its meetings as may be laid down by it in the regulations.


(2) All questions at a meeting of the Board shall be decided, by a majority of the votes of the members present and voting and in case if equality of votes, the person presiding shall have a second or casting vote.


(3) Five members shall form quorum at a meeting of the Board :


Provided that if a meeting is adjourned for want of quorum, no quorum shall be
necessary at the next meeting for transacting the same business :


Provided further that a notice of the adjourned meeting shall be sent to all the
members of the Board.


(4) Minutes of the names of the members present and of the proceedings at each
meeting shall be kept in a book to be maintained for this purpose which, shall be
signed at the next ensuing meeting by the person presiding at such meeting.


(5) A copy of the proceedings of every meeting of the Board shall be sent by the
Member-Secretary of the Board to the State Government within fifteen days after the meeting is held.


(6) No act done or proceedings taken under the Act by the Board shall be invalid merely on the ground of existence of any vacancy amongst its members, or by reason of defect or irregularity in its constitution or any irregularity in procedure not affecting the merits of the case.


12. The Member-Secretary of the Board shall arrange for transaction of business of the Board, authenticate orders and decisions of the Board and discharge such other functions of the Board as may be assigned to him by the Board under its regulations.


13. The State Government on the request of the Board, may make available to the Board such staff as may be necessary for the performance of functions conferred on the Board under this Act.


14.(1) Subject to the provisions of the Act and rules framed thereunder, the functions of the Board shall be to advise the State Government * [on the matters ] relating to the planning, development and use of urban and rural land in the State, and to perform such other functions as the State Government, from time to time, assign to it.

 

15.(1) The Board may associate with itself in such manner and for such purpose as may be prescribed any person whose assistance or advice it may require in performing any of its functions under this Act.


(2) Any person associated with it by the Board under sub-section (1) for any purpose shall have a right to take part in the discussion of the Board relevant to that purpose but shall not have a right to vote at a meeting.


16. Subject to any rules in this behalf, the Board may from time to time appoint one or more Committees for the purpose of securing efficient discharge of its functions.

 

                                          CHAPTER III


ESTABLISHMENT OF THE PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY, SPECIAL URBAN PLANNING AND DEVELOPMENT AUTHORITIES AND NEW TOWNS PLANNING AND DEVELOPMENT AUTHORITIES.

 

17.(1) With effect from such date as the State Government may, by notification, specify in this behalf, the State Government shall establish for the purposes of this Act, an Authority to be known as the Punjab Urban Planning and Development Authority with headquarters at such place as the State government may specify.


(2) The Authority established under sub-section (1) shall be a body corporate as well as a local authority, by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both moveable and immovable, and to contract; and shall, by the said name, sue and be sued.


(3) The Authority established under sub-section (1) shall consist of the following
members to be appointed by the State Government, namely :-


(i) a Chariman ;


 [(i-a) a Co-Charirman;]


(ii) a Vice - Chariman ;


(iii) a Chief Administrator who shall be appointed from amongst the officers of the Government of Punjab having such qualifications and experience as may be prescribed ; and


(iv) not more than tweleve and not less than six official and non-official members including the Secretaries to Government of Punjab holding the charge of Local Government and Town and Country Planning:

Provided that the number of non-official members shall not, at any time exceed three.


(4) *[The Chief Minister, Minister-in-Charge of Housing and Urban Development and the Secretary to Government of Punjab, holding the charge of Housing and Urban Development shall, respectively, be the Chairman, Co-Chairman and the Vice- Chairman of the Authority.]

 

18.(1) The term of office and conditions of service of the members of the Authority shall be such as may be prescribed.


(2) The Chief Administrator shall be entitled to receive from the fund of the Authority such salary and such allowances, if any, as may be prescribed.


(3) Any member, other than the Chief Administrator, may be paid from the fund of the Authority such allowances, if any, as may be prescribed.


(4) The members of the authority shall hold office during the pleasure of the State
Government.

 

(5) A member of the Authority may resign his office by giving notice in writing to the State Government and, on such resignation being accepted by the State government, he shall cease to be a member.

 

19. The State Government may remove from office any member of the Authority-


(i) who, without excuse, sufficient in the opinion of the State Government, is absent for more than three consecutive meetings of the Authority ;


(ii) who has, in the opinion of the State Government, so abused his position as a member as to render his continuance on the Authority detrimental to the interests of the Authority.

 

20. Upon occurrence of any vacancy in the office of Chairman, Vice-Chairman, Chief Administrator or any other member of the Authority, a new Chairman, Vice-Chairman, Chief Administrator or member, as the case may be, shall be appointed.

 

21.(1) The Authority shall meet at such times and places and shall, subject to the provisions of sub-sections (2) and (3) observe such procedure in regard to the transaction of its business at such meetings as the Authority may provide by regulations.


(2) *[At every meeting of the Authority, the Chairman, if present, or, in his absence, the Co-Chairman, or, in his absence, the Vice-Chairman, and if the Vice-Chairman is also not present, then any one of its members, whom the members present may elect, shall preside.]


(3) All questions at a meeting of the Authority shall be decided by a majority of votes of the members present and voting and in the case of equality of votes, the member presiding shall have a second or casting vote.


(4) Minutes shall be kept of the names of the members present and of the proceedings at each meeting in a book to be maintained for the purpose which shall be signed at the next meeting by the member presiding at such meeting and shall be open to inspection by any member during office hours.


(5) For the transactional of business at a meeting of the Authority, the quorum shall be one-third of the number of members actually serving for the time being but shall not, in any case, be less than four :


Provided that if a meeting is adjourned for want of quorum, no quorum shall be
necessary at the next meeting for transacting the same business :

 

Provided further that a notice of the adjourned meeting shall be sent to all members of the Authority.


22. The Chief Administrator shall be the Chief Executive of the Authority and shall
arrange for the transaction of business of the Authority, authenticate orders anddecisions of the Authority and discharge such other functions of the Authority as may be assigned to him by the Authority under its regulations.


23. Subject to any regulations made in this behalf by the Authority, the Authority may, from time to time, appoint one or more committees for the purpose of securing the efficient discharge of the functions of the Authority and in particular for the purpose of ensuring the efficient maintenance of public amenities and execution of development works and projects.

 

24.(1) The Authority or any committee appointed under Section 23 may associate with itself any person whose assistance or advice it may require in the performance of its functions under this Act.


(2) Any person associated with it by the Authority under sub-section (1) for any purpose shall have a right to take part in the discussions of the Authority relevant to that purpose but shall not have a right to vote at the meeting.


25. No act done or proceedings taken under this Act shall be questioned merely on the ground of -


(a) the existence of any vacancy in or any defect in the Constitution of
the Authority ;


(b) any person associated under Section 24 having voted in contravention of the provisions of this Act in this behalf ;


(c) the failure to serve a notice on any person where no substantial injustice has resulted from such failure ;


(d) any omission, defect or irregularity not affecting the merits of the
case.


26. (1) The Authority may appoint such number of officers and other employees including experts for technical and legal work as may be necessary for the efficient
performance of its functions and may determine their designations and grades.


(2) The officers and other employees of the Authority shall be entitled to receive, from the fund of the Authority, such salaries and allowances and shall be governed by such conditions of service as may be determined by regulations made in this behalf by the Authority.


(3) The exercise of any powers or discharge of any duties or functions under sub-section (1) by any officer or other employees of the Authority shall be subject to such restrictions, conditions and limitations, if any, as may be laid down by regulations of the Authority, and shall also be subject to its control and supervision.


27. No person who has, directly or indirectly, by himself or through his partner or agent, any share or interest in any contract by or on behalf of the Authority, or in any employment under, by or on behalf of the Authority, otherwise than as an officer or employee thereof, shall become or remain an officer or employee of the Authority.

 

28.(1) The objects of the Authority shall be to promote and secure better planning and development of any area of the State and for that purpose the Authority shall have the powers to acquire by way of purchase transfer, ex-change or gift or to hold, manage, plan, develop and mortgage or otherwise dispose of land or other property or to carry out itself or in collaboration with any other agency or through any other agency on its behalf, building, engineering, mining and other operations to execute works in connection with supply of water, disposal of sewerage, control of pollution and other services and amenities and generally to do anything with the prior approval or on direction of the State Government, for carrying out the purposes of this Act.


(2) In particular and without prejudice to the generality of the foregoing provisions, the Authority itself or in collaboration with any other agency or through any other agency on its behalf,-


(i) if so required by the State Government or the Board, take up the works in connection with the preparation and implementation of Regional Plans, Master Plans and New Township Plans and town improvement schemes ;


(ii) undertake the work relating to the amenities and services to be provided in the urban areas, urban estates, promotion of urban development as well as construction of houses ;


(iii) promote research, development of new techniques of planning, land development and house construction and manufacture of building material ;


(iv) promote companies, association and other bodies for carrying out the purposes of the Act ; and


(v) perform any other function which are supplemental, incidental or consequential to any of the functions referred to in this sub-section or which may be prescribed.

 

29.(1)Where the State Government is of opinion that the object of proper development of any area or group of areas together with such adjacent areas as may be considered necessary will be best served by entrusting the work of development or redevelopment thereof to a Special Authority, instead to the Punjab Urban Planning and Development Authority,the State Government may, by notification, constitute an Authority for such area to be called the Special Urban Planning and Development Authority for that area and thereupon, all the powers and functions of the Punjab Urban Planning and Development Authority relating to development and redevelopment of that area under this Act, shall be exercised and performed by the Special Urban Planning and Development Authority so constituted.


(2) Every notification issued under sub-section (1) shall define the limits of the area to which it relates.


(3) The Special Urban Planning and Development Authority constituted under sub-section (1) shall consist of the following members to be appointed by the State Government, namely :-

(i) a Chairman ;


(ii) a Chief Administrator who shall be appointed from amongst the officers of the Government of Punjab having such qualifications and experience as may be prescribed ; and


(iii) other members not exceeding ten to be appointed by the State Government :


*[Provided that out of the aforesaid members, the State Government may appoint a co- Chairman and Vice- Chairman:


Provided further that out of the said members, atleast three members will be the
members of the local authority or authorities functioning in the area of jurisdiction of the Special Urban Planning and Development Authority.]


(4) Every Special Urban Planning and Development Authority constituted under subsection (1) shall be a body corporate as well as a local authority, by the name
aforesaid, having perpetual succession and a common seal , with power to
acquire , hold and dispose of property both movable and immovable, and, to contract and by the said name sue and be sued.


(5) The provisions of this Act shall mutatis mutandis apply to Special Urban Planning and Development Authority constituted under sub-section (1) as they apply in relation to the Punjab Urban Planning and Development Authority with the modification that references to the Punjab Urban Planning and Development Authority, shall be construed as references to the Special Urban Planning and Development Authority.

 

30. Where the State Government is satisfied that it is expedient in the Public interest so to do, it may, by notification, designate any local authority functioning in a planning area to be the Special Urban Planning and Development Authority for that area or any part thereof and thereupon all the powers and functions of the Punjab Urban Planning and Development Authority relating to that area or part thereof, as the case may be, shall be exercised by such local authority.


(2) On the issue of a notification under sub-section (1), the powers to be exercised and functions to be performed by the Chairman of the Authority under this Act shall be exercised and performed in the case of a Municipal Corporation by its Mayor, in the case of a Municipal Council by its President, and, in the case of an Improvement Trust by its President by its President and those of the Chief Administrator of the Authority by the Chief Executive Head, by whatever name he is called, of the Municipal Corporation or the Municipal Council, or the Improvement Trust, as the case may be.

 

31. (1)Where the State Government is of opinion that object of proper planning and development of a site of a new town will be best served by entrusting the work of development thereof to a Special Authority, instead to the Punjab Urban Planning and Development Authority, it may, by notification, constitute a Special Authority for that site to be called the New Town Planning and Development Authority and thereupon, all the powers and the functions of the Punjab Urban Planning and Development Authority relating to the development of that site of the new town under this Act shall be exercised and performed by such New Town Planning and Development Authority.


(2) A New Town Planning and Development Authority constituted under sub-section (1), shall be a body corporate as well as local authority by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both moveable and immoveable and to contract, and by the said name sue and be sued.


(3) A New Town Planning and Development Authority will consist of the following
members, namely :-

 

(i) a Chairman ;


(ii) a Chief Administrator who shall be appointed from amongst the officers of the Government of Punjab having such qualifications and experience as may be prescribed ; and


(iii) other members not exceeding ten to be appointed by the State
Government.


(4) The provisions of this Act shall mutatis mutandis apply to a New Town Planning and Development Authority as they apply in relation to the Punjab Urban Planning and Development Authority, with the modification that references to the Punjab Urban Planning and Development Authority shall be construed as references to a New Town Planning and Development Authority.

 

32. (1) Where the State Government after consultation with the Board, is of the opinion that it is necessary or expedient in the Public Interest or in the interest of the development of the area under the jurisdiction of two or more Special Urban Planning and Development Authorities, that two or more Special Urban Planning and Development Authorities, should be amalgamated, the State Government may, by notification in the official Gazette, provide for the amalgamation of such Special Urban Planning and Development Authorities (hereinafter in this Chapter referred to as the transferor Special Urban Planning and Development Authorities) into a single Special Urban Planning and Development Authority (hereinafter in this Chapter referred to as the transferee Special Urban Planning and Development Authority) with such constitution, property, powers, rights, interest, authorities and privileges ; and with such liabilities, duties and obligations, as may be specified in the notification.


(2) Every notification issued under sub-section (1) shall define the limits of the area to which it relates and specify the date with effect from which the amalgamation shall become effective.


(3) Every notification issued under sub-section (1) may also provide for one or any of the following matters, namely :-


(a) the continuance in service of all the employees of the transferor Special Urban
Planning and Development Authorities in the transferee Special Urban Planning and Development Authority at the same remuneration and on the same terms and
conditions of service, which they were getting, or, as the case may be, by which they were being governed, immediately before the date on which the amalgamation takes effect ;


(b) the other terms and conditions for the amalgamation of the Special Urban Planning and Development Authorities ;


(c) the continuance by or against the transferee Special Urban Planning and
Development Authority of any pending legal proceedings by or against any transferor Special Urban Planning and Development Authority ; and


(d) such consequential, incidental and supplementary provisions, as may, in the opinion of the State Government be necessary to give effect to the amalgamation.


(4) Notwithstanding anything contained in clause (a) of sub-section (3), where any
employee of the transferor Special Urban Planning and Development Authority by
notice in writing given to the transferee Special Urban Planning and Development
Authority at any time before the expiry of three months next following the date on
which the amalgamation takes effect has intimated his intention of not becoming an employee of the transferee Special Urban Planning and Development Authority, he shall cease to be employee of that Authority on the expiry of the notice served and shall be entitled to get such gratuity, provident fund and other retirement benefits as are ordinarily admissible to him under the rules or authorisations of the transferor Special Urban Planning and Development Authority immediately before the date of amalgamation ;


(5) On and from the date on which the amalgamation takes effect under sub-section (2), the transfer or Special Urban Planning and Development Authorities shall cease to carry on business or to discharge any liability or obligation except to the extent as may be necessary for the implementation of the provisions of the said amalgamation and shall stand dissolved from the date of amalgamation ;


(6) Not with standing anything contained in the Industrial Disputes Act, 1947 (Central Act XIV of 1947) or any other law for the time being in force, the transfer of the service of any employee of the transferor Special Urban Planning and Development Authorities to the transferee Special Urban Planning and Development Authority shall not entitle any such employee to any compensation under that Act or any other law for the time being in-force and no such claim shall be entertained by any court, tribunal or any other authority.

 

33.(1) Where the State Government after consultation with the Board, is of the opinion that it is necessary or expedient in the Public Interest or in the interest of the development of the area under the jurisdiction of any Special Urban Planning and Development Authority, that any area under the jurisdiction of the said Authority should be excluded from its jurisdiction, the State Government may, by notification in the official Gazette, provide for the exclusion of such area and to constitute new Special Urban Planning and Development Authority for the area so excluded.


(2) On the constitution of a new Special Urban Planning and Development Authority under sub-section (1), the assets and liabilities of the Special Urban Planning and Development Authority from whose jurisdiction the area is so excluded (hereinafter referred to the existing Special Urban Planning and Development Authority) shall be apportioned between the successor Special Urban Planning and Development Authorities in the manner specified hereinafter -


(i) all lands and stores, articles and other goods belonging to the existing Special Urban Planning and Development Authority shall,-


(a) If within the area of jurisdiction of the Special Urban Planning and Development Authority, pass on to the successor Special Urban Planning and Development Authority in whose area they are situated;


(b) If outside the area of the Special Urban Planning and Development Authority, be apportioned between the successor Special Urban Planning and Development Authorities according to ratio of the area falling under their respective jurisdiction.

(ii) The bank balances and grants received from time to time shall be apportioned between the successor Special Urban Planning and Development Authorities according to ratio of the area falling under their respective jurisdiction:


Provided that a grant given for the development of an area which falls within the exclusive jurisdiction of any of the successor Special Urban Planning and Development Authorities, shall be transferred to that successor Special Urban Planning and Development Authority ;


(iii) Where before the date of exclusive of any area the existing Special Urban Planning and Development Authority has made any contract for the purpose of that Authorities, that contract shall be deemed to have been made,-


(a) if the purposes of the contract are on and from the date of exclusion of the area exclusively purposes of any one of the successor Special Urban Planning and Development Authority, by that successor Authority ; and


(b) If the purposes of the contract are on and from that date not exclusively purposes of any one of the Special Urban Planning and Development Authorities, by all the Special Urban Planning and Development Authorities and, the rights and liabilities which has accrued or may accrue under any such contract shall, to the extent to which they would have been the rights and liabilities of the existing
Special Urban Planning and Development Authority, be the rights and the liabilities of the successor Special Urban Planning and Development Authority, or, as the case may be, the successor Special Urban Planning and Development Authorities, according to the ratio of the area falling under their respective jurisdiction.


(3) Where the existing Special Urban Planning and Development Authority is a party to any legal proceedings with respect to any property, rights or liabilities, subject to apportionment under this section, the successor Special Urban Planning and Development Authority which succeeds to or acquires a share in that property or to those rights or liabilities, shall be deemed to be substituted or added as a party to those proceedings and the proceedings may continue accordingly.


(4) (a) Every whole-time employee of the existing Special Urban Planning and Development Authority shall on and from the date of notification under sub-section (1) shall provisionally continue to be an employee of that Authority unless he is required, by general or special order of the State Government, to serve as an employee of any other Successor Special Urban Planning and Development Authority.

 

(b) As soon as may be after the date of notification under sub-section (1), the State Government shall by general or special order, determine the Successor Special Urban Planning and Development Authority to which every employee referred to in clause (a) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect.


(c) Every employee who is finally allotted under the provisions of clauses (b), to a
Successor Special Urban Planning and Development Authority shall, if he is not
already serving with that Authority, be made available for serving with the Successor Special Urban Planning and Development Authority from such date as may be agreed upon between the successor Special Urban Planning and Development Authorities or in default of such agreement as may be determined by the State Government.


(d) The State Government may, by order, establish an advisory committee for the
purpose of assisting it with regard to -


(i) the division and integration of the employees among the Successor Special Urban Planning and Development Authorities ; and


(ii) the ensuring of fair and equitable treatment to all employees affected by the provisions of this sub-section and the proper consideration of any representations made by such employees.


(e) The terms and conditions of the employees of the existing Special Urban Planning and Development Authority applicable to them immediately before the date of notification under sub-section (1) shall not be varied to their disadvantage except with the previous approval of the State Government.


(f) Notwithstanding anything contained in clause (a) of sub-section (4), where any
employee of the existing Special Urban Planning and Development Authority by
notice in writing given to the Successor Special Urban Planning and Development
Authority at any time before the expiry of three months next following the date of his final allocation has intimated his intention of not becoming an employee of the
Successor Special Urban Planning and Development Authority to which he is so
allocated, he shall cease to be employee of that Authority on the expiry of the notice period and shall be entitled to get such gratuity. Provident fund and other retirement benefits as are ordinarily admissible to him under the rules or authorisations of the existing Special Urban Planning and Development Authority immediately before the date of amalgamation.


(5) The benefit or burden of any assets and liabilities of the existing Special Urban
Planning and Development Authority not dealt within the foregoing provisions of this section shall pass on to the Successor Special Urban Planning and Development Authorities in the manner agreed upon, between them in case no such agreement is reached within a period of one year from the date of exclusion of the area, the State Government shall be competent to determine the same at the request of either of the Successor Special Urban Planning and Development Authorities.

 

34. (1) Where the State Government is satisfied that the purposes for which an Authority is constituted or designated under this Act have been substantially achieved so as to render the continued existence of the Authority in the opinion of the State Government unnecessary, the State Government may, by notification, declare that the Authority shall be dissolved with effect from such date as may be specified in the notification and the Authority shall be deemed to be dissolved accordingly.


(2) From the date specified under sub-section (1),-


(a) all properties, funds and dues which are vested in, or realiseable by, the Authority shall vest in, or be realiseable by, the State Government;


(b) all liabilities which are enforceable against the Authority shall be enforceable against the State Government ; and


(c) for the purpose of carrying out any development which has not been fully carried out by the Authority and for the purpose of realising properties, funds and dues referred to in clause (a), the functions of the Authority shall be discharged by the State Government.

 

                                CHAPTER IV


RELATIONS BETWEEN THE STATE GOVERNMENT, THE AUTHORITY AND THE LOCAL AUTHORITIES ETC.

 

35. Where any area has been developed by the Authority, the Authority shall entrust the local authority discharging municipal function, within whose local limits the area so developed is situated, with the responsibility for the maintenance of the amenities which have been provided in the area by the Authority or for the provision of the amenities which have not been provided by the Authority but which in its opinion should be provided, on such terms and conditions including vesting of streets, amenities and public places in that local authority, as may be agreed upon between the Authority and the local authority and where such terms and conditions can not be agreed upon such terms and conditions as are settled by the State Government in consultation with the local authority on a reference being made to the State Government by the Authority.

 

36.(1) Notwithstanding anything contained in any other law for the time being in force, the State Government, may by notification in the Official Gazette, abolish an
Improvement Trust from such date as may be specified in the notification hereinafter referred to as the appointed day.


(2) On and from the appointed day the Improvement Trust specified in the notification issued sub-section (1) shall stand dissolved and all its assets and liabilities shall stand transferred to and vested in the Authority.


(3) The assets of the Improvement Trust shall be deemed to include all rights and all property, whether movable and immovable, belonging to or vested in the
Improvement Trust, including in particular cash balances, reserve funds, investments, deposits and all other interests and rights in or arising out of such property as may be in the possession of the Improvement Trust and all books of account or documents kept or maintained by the Improvement Trust, and the liabilities of the Improvement Trust shall be deemed to include all debts, liabilities and obligations of whatever kind existing and pertaining to the Improvement Trust.


37.(1) Where an Improvement Trust has established a provident fund or superannuation fund or any other similar fund for the benefit of its employees and constituted trust in respect thereof, hereinafter referred to as the existing trust, the moneys standing to the credit of any such fund on the appointed day, together with any other assets belonging to such fund shall stand transferred to and vested in the Authority free from any right of such existing trust and the Authority shall, as soon as may be, constitute in respect of the moneys and other assets which are so transferred to and vested in it, one or more trusts having objects similar to the objects of the existing trusts as may be practicable.

 

(2) Where all the moneys and other assets belonging to the existing trust are transferred to and vested in the Authority under sub-section (1), the trustees of such trust, as from the date of such transfer be discharged from the trust, except as regards things done or omitted to be done before such transfer.

 

38.(1) Unless otherwise expressly provided by or under this Act, all contracts, arrangements and other instruments of whatever nature subsisting or having effect immediately before the appointed day and to which the Improvement Trust is a party or which are in favour of the Improvement Trust, shall be of full force and effect against or in favour of the Authority, as the case may be, and may be enforced or acted upon fully and effectually, as if instead of the Improvement Trust, the Authority had been a party there to or as if they had been entered into or issued in favour of the Authority.


(2) If on the appointed day any suit, appeal or other legal proceedings of whatever nature by or against the Improvement Trust is pending, then, it shall not abate or be discontinued or be in any way prejudicially effected by reason of the transfer to the Authority of the assests and liabilities of the Improvement Trust or of any thing done under this Act, but the suit, appeal or other legal proceedings may be continued, prosecuted and enforced by or against the Authority.


Explanation- For the purposes of this sub-section, legal proceedings include any
proceedings under the Land Acquisition Act, 1894 (Central Act 1 of 1894).

 

39.(1) Every whole-time employee of the Improvement Trust shall, on and from the appointed day, become an employee of the Authority, and shall hold his office therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to gratuity, if any, and other matters as he would have held the same on the appointed day if this Act had not come into force and shall continue to do so unless and until his remuneration, terms and conditions, are duly altered by the Authority with the previous approval of the State Government.


(2) Notwithstanding anything contained in sub-section (1), where any employee of the Improvement Trust by notice in writing given to the Authority at any time before the expiry of three months next following the appointed day, has intimated his intention of not becoming an employee of the Authority, he shall cease to be employee of the Authority on the expiry of the notice period and be entitled to get such gratuity, provident fund and other retirement benefits as are ordinarily admissible to him under the rules or authorisation of the Improvement Trust immediately before the appointed day.


(3) If any question arises as to whether any person was a whole-time employee of the Improvement Trust immediately before the appointed day, the question shall be referred to the State Government whose decision shall be final.

 

(4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947) or in any other law for the time being in force, the transfer of the service of any employee of the Improvement Trust to the Authority shall not entitle any such employee to any compensation under that Act or other law, and no such claim shall be entertained by any court, tribunal or any other authority.

 

40.(1) The Authority shall carry out such directions as may be issued to it, from time to time, by the State Government for the efficient administration of this Act.


(2) The State Government may depute any officer to inspect or examine the office of the Authority, or its development works and to report thereon and the office so deputed may, for the purposes of such inspection or examination call for,-


(a) any extract from any proceedings of the Authority or any Committee
constituted under this Act, record, correspondence, plan or other
documents ;


(b) any return, estimates, statement of accounts or statistics ;


(c) any report , and the Authority shall furnish the same.

 

41. The Authority shall furnish to the State Government such reports, returns, record and other information as the State Government may, from time to time, require.

 

                                    CHAPTER V


        ACQUISITION AND DISPOSAL OF LAND BY THE AUTHORITY

 

42.(1) When any land other than the land owned by the Central Government is required for the purposes of the Authority under this Act, the State Government may, at the request of the Authority, proceed to acquire it under the provisions of Land Acquisition Act, 1894, and on payment by the Authority of the compensation awarded under that Act and of any other charges incurred in acquiring the land, the land shall vest in the Authority.


(2) For the purposes of the Land Acquisition Act, 1894, and any other law for the time being in force, the Authority shall be deemed to be a local Authority.

 

43 (1) Subject to any directions by the State Government under this Act, the Authority may dispose of -


(a) any land acquired by it or transferred to it by the State Government without undertaking or carrying out any development thereon ; or


(b) any such land after undertaking or carrying out such development as it thinks fit to such persons, in such manner and subject to such terms and conditions as it considers expedient for securing proper development.


(2) The transfer of land to any person under sub-section (1) shall be subject to such further conditions as may be prescribed with regard to completion of buildings or parts thereof or with regard to extension of period for such completion and payment of fees for such extension.


(3) Nothing in this Act shall be construed as enabling the Authority to dispose of land by way of gift, but subject to this condition, reference in this Act to the disposal of land shall be construed as reference to the disposal thereof in any manner whether by way of sale, exchange, lease or by the creation of any easement, right or privilege or otherwise.


(4) Subject to the provisions hereinbefore contained, the Authority may sell, lease, or otherwise transfer whether by auction, allotment or otherwise any land or building belonging to it on such terms and conditions as it may, from time to time determine.


(5) The consideration money for any transfer under sub-section (4) shall be paid to the Authority in such manner as may be determined by the Authority.


(6) Notwithstanding anything contained in any other law for the time being in force, any land or building, or both, as the case may be, shall continue to belong to the Authority until the entire consideration money together with interest and any other amount, if any, due to the Authority, on accounts of the transfer of such land or building or both, is paid.


(7) Unless and until conditions provided in the regulations made by the Authority are fulfilled, the transferee shall not transfer any of his rights in the land or building except with the previous permission of the Authority which may be granted on such terms and conditions and on payment of such fee as may be determined by the Authority.

 

44. (1) Where any person makes default in the payment of-


(i) any rent due in respect of any lease of any land or building, or both, as the case may be, under section 43; or


(ii) any fees or contribution payable under this Act in respect of any land or building, or both, the Estate Officer may direct that in addition to the amount of arrears, a sum not exceeding that amount shall be recovered from the person by way of penalty :


Provided that no such direction shall be made unless the person affected thereby has been given a reasonable opportunity of being heard in the matter.


(2) Where any person makes default in the payment of any amount, being the arrears or penalty or both directed to be paid under sub-section (1), such amount may be recovered from him, as arrears of land revenue.

 

45.(1) Where any transferee makes default in the payment of any consideration money, or any instalment, on account of the transfer of any land or building, or both, under section 43, the Estate Officer may, by notice in writing, call upon the transferee to show cause, within a period of thirty days, why a penalty as may be determined by the Authority be not imposed upon him :


Provided that the penalty so imposed shall not exceed the amount due from the
transferee.


(2) After considering the cause, if any, shown by the transferee and after giving him a reasonable opportunity of being heard in the matter, the Estate Officer may, for reasons to be recorded, in writing, make an order imposing the penalty and direct that the amount of money due alongwith the penalty shall be paid by the transferee within such period as may be specified in the order.


(3) If the transferee fails to pay the amount due togetherwith the penalty in accordance with the order made under sub-section (2) or commits a breach or any other condition of transfer, the Estate Officer may, by notice in writing call upon the transferee to show cause within a period of thirty days, why an order of resumption of the land or building or both, as the case may be, and forfeiture of the whole or any part of the money, if any, paid in respect thereof which in no case shall exceed ten per cent of the total amount of the consideration money, interest and other dues payable in respect of the transfer of the land or building or both, should not be made.

 

(4) After considering the cause if any, shown by the transferee in pursuance of a notice under sub-section (3), and any evidence that he may produce in respect of the same and after giving him a reasonable opportunity of being heard in the matter, the Estate Officer may, for reasons to be recorded, in writing, make an order resuming the land or building or both, as the case may be, and direct the forfeiture as provided in subsection (3) of the whole or any part of the money paid in respect of such transfer.


(5) Any person aggrieved by an order of the Estate Officer under section 44 or under this section may, within a period of thirty days of the date of the communication to him of such order, prefer an appeal to the Chief Administrator in such form and manner, as may be prescribed :


Provided that the Chief Administrator may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time :


(6) The Chief Administrator may, after hearing the appeal, confirm, vary or reverse the order appealed from and may pass such order as he thinks fit.


(7) The Chief Administrator may either on his own motion or on an application received in this behalf at any time within a period of six months from the date of the order, call for the record of any proceedings in which the Estate Officer has passed an order for the purpose of satisfying himself as to the legality or propriety of such order and may pass such order in relation thereto as he thinks fit :


Provided that the Chief Administrator shall not pass an order under this section
prejudicial to any person without giving him a reasonable opportunity of being heard.


(8) Where a person is aggrieved by any order of the Chief Administrator, deciding the case under sub-section (6) or sub-section (7), he may, within thirty days of the date of communication to him of such order, make an application in writing to the State Government for revision against the said order and the State Government may confirm, alter or rescind the order of the Chief Administrator.

 

                                        CHAPTER VI


             POWER TO EVICT PERSONS FROM PREMISES OF THE AUTHORITY

 

46. (1) If the Estate Officer is satisfied-


(a) that any person authorised to occupy any premises of the Authority has,-


(i) not paid rent lawfully due from him in respect of such premises for a period of
more than two months ; or


(ii) sublet, without the permission of the Estate Officer, the whole or any part of
such premises ; or


(iii) otherwise acted in contravention of any of the terms expressed or implied,
under which he is authorised to occupy such premises : or


(b) that any person is in un-authorised occupation of any premises of the Authority ; or


(c) that any person has not vacated any premises which has been resumed under
section 45 ;


the Estate Officer may, notwithstanding anything contained in any law for the time
being in force, by notice served by post or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be prescribed order that person, as well as any other person, who may be in occupation of the whole or any part of the premises, shall vacate them within a period of thirty days from the date of the service of the notice :


Provided that no such order shall be passed unless such person has been afforded
an opportunity to show cause as to why such order should not be made.


(2) If any person refuses or fails to comply with an order made under sub-section (1), the Estate Officer may evict that person from, and take possession of, the premises and may for that purpose use such force, as may be necessary.


(3) If a person, who has been ordered to vacate any premises under sub-clause (i) or sub-clause (iii) of clause (a) of sub-section (1), within a period of thirty days from the date of service of the notice or within such longer time as the Estate Officer may allow, pays the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the Estate Officer, as the case may be, the Estate Officer shall in lieu of evicting such person under sub-section (2) cancel his order made under sub-section (2) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him.

 

47. Where any person is in unauthorised occupation of any premises of the Authority, the Estate Officer may in the prescribed manner, assess such damages on account of the use and occupation of the premises as he may deem fit and may by notice served by post, or by affixing a copy of it on the outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, order that person to pay the damages within such time not being less than thirty days as may be specified in the notice and if any person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered from him as arrear of land revenue.

 

48. (1) Any person aggrieved by an order of the Estate Officer under section 46 or section 47 may within a period of thirty days from the date of the service of notice under section 46 or section 47, as the case may be, prefer an appeal to the Competent Authority :


Provided that the Competent Authority may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.


(2) Where an appeal is preferred under sub-section (1) the Competent Authority may stay the enforcement of the order of the Estate Officer for such period and on such conditions, as it deems fit.


(3) Every appeal under this section shall be disposed of by the Competent Authority as expeditiously as possible.

 

                                          CHAPTER VII


     FINANCE, ACCOUNTS AND AUDIT OF THE ACCOUNTS OF THE AUTHORITY.

 

49. (1) The Authority shall have and maintain its own fund to which shall be credited-


(a) all moneys received by the Authority from the State Government and the
Central Government by way of grants, loans, advances or otherwise ;


(b) all moneys received by the Authority from sources other than the State
Government or the Central Government, by way of loans or debentures ;


(c) all fees received by the Authority under this Act ;


(d) all moneys received by the Authority from the disposal of lands, buildings and
other properties, movable and immovable ;


(e) all moneys received by the authority by way of the rent and profits or in any
other manner or from any other source; and


(f) all moneys received by the Authority in connection with the execution of any
town development scheme.


(2) The funds of the Authority shall be applied towards meeting-


(a) the expenditure incurred in the administration, implementation and carrying
out the provisions of this Act;


(b) the cost of acquisition of land for the purposes of this Act;


(c) the expenditure for development of land and construction of houses ; and


(d) the expenditure for such other purposes as the State Government may direct
or permit.


(3) The Authority shall keep its fund in any Scheduled Bank or in any Apex Co-Operative Bank or a Central Co-Operative Bank.


(4) The Authority may invest any portion of its fund is such securities or in such other manner as it may determine from time to time.


(5) The income resulting from investments mentioned in sub-section (4) and proceeds of the sale of the same shall be credited to the fund of the Authority.

 

50. The State Government may make such grants, advances and loans to the Authority, as the State Government may deem necessary, for the performance of its functions under this Act and all grants, loans and advances so made shall be on such terms and conditions as the State Government may determine.

 

51. (1) The Authority may, from time to time, borrow money by way of loans and debentures or bonds or such other financial instruments from such sources, other than the State Government, and on such terms and conditions as it may determine from time to time.


(2) The Authority may advance money for constructing buildings for residential, industrial or commercial purposes on such terms and conditions, as it may determine from time to time.

 

52. The Authority shall prepare in such form, and at such time every year, as may be prescribed, a budget in respect of the next financial year showing the estimated
receipts and expenditure of the Authority and shall forward to the State Government such number of copies of thereof, as may be prescribed.

 

53. (1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form and in such manner as may be prescribed.


(2) The Authority shall cause its accounts to be audited annually by the auditors duly qualified to act as auditors under sub-section (1) of section 226 of the Companies Act, 1956.


(3) As soon as the accounts of the Authority are audited, the Authority shall send a copy thereof together with the audit report thereon to the State Government and also cause the accounts to be published in the prescribed manner.


(4) Notwithstanding anything contained in this section, the State Government may order that there shall be concurrent or special audit of accounts of the Authority by such person or authority as it thinks fit.


(5) The State Government shall cause to be laid a copy of the audit report before the House of the State Legislature.

 

54. (1) The Authority shall prepare every year a report of its activities during that year, and submit that report to the State Government, in such form and on or before such date as may be prescribed.


(2) The State Government shall, as soon as may be, cause the report submitted by the Authority under sub-section (1) to be laid before the House of the State Legislature.

 

55. The Authority shall constitute, for the benefit of its whole time paid members and of its officers and other employees in such manner and subject to such conditions, as may be prescribed, such provident fund as it may deem fit.

 

                                      CHAPTER VIII

 
                PLANNING AREAS AND PLANNING AGENCIES

 

56. (1) *[The State Government may, from time to time by notification in the official Gazette, declare any area in the State to be a regional planning area, a local planning area or the site for a new town (hereinafter referred to as the planning area).]


(2) Before making the declaration under sub-section (1) the**[State Government] may take into consideration such matters as may be prescribed.


(3) Every notification published under sub-section (1) shall *** [indicate the limits and the name] of the area to which it relates.


(4) **** […….]


(5) ***** […….]


(6) ****** [Except in such class or category of cases, which the State Government may, by order for the reasons to be recorded in writing, exempt, and except in the case of operational constructions or constructions in any area comprised in abadi-deh of any village, falling inside its lal lakir or phirni, no person shall, on or after publication of notification under sub-section (1), and till the date, the Regional Plan or the Master Plan comes into operation under section 64 or under section 75, as the case may be, institute or change the use of land for any purpose or carry out any development in respect of any land without the previous permission of the Competent Authority and the provisions of sections 67 and 68 mutatis mutandis shall apply to the grant of such permission:]


******* [Provided that the exemptions granted in the case of operational
constructions and constructions in the areas comprised in abadi-deh of any
village falling inside its lal lakir or phirni, shall not apply in the case of development affecting heritage site or its vicinity.]

(7) *[The State Government] may, after following the procedure as laid down in this section, alter the limits of any regional planning area, local planning area or the site for a new town.

 

57. **[As soon as may be, after declaration of a regional planning area, a local planning area or a site for new town, the State Government may, designate planning agency for that area.]


58. (1) The Designated Planning Agencies will work under the over all directions and control of *** [The State Government.]


(2) The Board may assign any or all of the following functions to the Designated Planning Agency, namely,-

 

(i) to carry out survey of the regional planning area, local planning area or a site
for new town, as the case may be, and, prepare reports on the surveys so
carried out ;


(ii) **** [to prepare an existing land use map and such other maps, as may be
necessary for the purposes of preparing regional plan, master plan, a new
town development plan;


(iii) to prepare a regional plan, a master plan and a new town development plan;
and]


(3) ***** [In accordance with the directions of the State Government] a Designated Planning Agency shall exercise all such powers as may be necessary or expedient for the purposes of carrying out its functions under this Act and also perform any other functions which are supplement, incidental or consequential to any of the functions specified in sub-section (2) or as may be prescribed.

 

59.(1) *[Preparation of present land use map, - As soon as may be, the Designated Planning Agency shall, but not later than six months after its designation or within such time, as the State Government may, from time to time, extend, prepare a present land use map in the form, to be prescribed indicating the present use of every piece of land in the planning area.]


(2) After the preparation of the present land use map and register under sub-section (1), the Designated Planning Agency shall publish a public notice of the preparation of the map and register and of the place or places where copies of the same may be inspected, inviting objections in writing from any person with respect to the map and register within thirty days of the publication of such notice.


(3) After the expiry of the period mentioned in sub-section (2), the Designated Planning Agency, after allowing a reasonable opportunity of being heard to all the persons, who have filed the objections and after considering all the obj-ections filed and after making such modifications in the map or register or both as it considers proper, adopt the map and register.


(4) As soon as may be after the adoption of the map and the register under sub-section (3), the Designated Planning Agency shall publish a public notice of the publication of map and register and the place or places where the copies of the same may be inspected and shall submit copies of the map and register to the State Government.


(5) A copy of public notice published under sub-section (4) shall also be published in the Official Gazette and the publication of the public notice in the Official Gazette in respect of the map and register shall be conclusive evidence that the map and register have been duly prepared and adopted.

 

60. The *[State Government] may determine in the prescribed manner the amount which a local authority, State Government or any other authority functioning in the Planning Area shall pay to the Designated Planning Agency as contribution towards the expenses incurred by it in the discharge of its functions under this Act and the amount shall be accordingly paid.

 

                                         CHAPTER IX


                                      REGIONAL PLANS

 

61. Subject to the provisions of this Act and the rules and regulations made there under, the * [State Government] shall, with a view to securing planned development and use of land in a regional planning area, get surveys thereof carried-out, maps as are necessary for the purpose of preparing regional plan for that area prepared and shall within such period or periods as the **[State Government] may form time to time determine in this behalf, get a report of the surveys and the Regional Plan and such other documents, maps and information as it may deem fit for illustrating or explaining the provisions of the Regional Plan.

 

62. Subject to the provisions of this Act and any rules made thereunder for regulating the form of a Regional Plan and the manner in which it may be prepared and published, any such Regional Plan shall indicate the manner in which the *** [State Government] proposes that land in the regional planning area should be used, whether by carrying out thereon development or otherwise, the stages by which any such development is to be carried out, the net work of communications and transport, the proposals for conservation and development of natural resources, and such other matters as are likely to have an important influence on the development of the Regional Planning area and any such Regional Plan may in particular provide for all or any of the following matters, or for such matters thereof, as the State Government may direct,
namely :-


(a) demarcation of areas for agriculture, forestry, industry, mineral development,
urban and rural settlements and other activities ;

 

(b) reservation of areas for open spaces, recreation, reserves, animal sanctuaries,
dairies and health resorts ;


(c) transport and communication network such as roads, highways, railways,
waterways, canals and airports including their development ;


(d) water supply, drainage, sewerage, sewage disposal and other public utilities,
amenities and services including electricity and gas ;


(e) reservation of sites for new towns, industrial estates and any other large scale
developments or projects which are required to be undertaken for proper
development of the regional planning area ;

 

(f) preservation, conservation and development of areas of natural scenery, forest, wild life, * [natural resources, land-scaping, heritage site and control of development, which is either affecting the heritage site or its vicinity;]


(g) **[preservation of objects, features, structure or places of historical, natural,
architectural or scientific interest, educational value and heritage site;]


(h) areas required for military and defence purposes ;


(i) prevention of erosion, provision for afforestation or reforestation, improvement and redevelopment of water front area, rivers and lakes ;


(j) irrigation, water supply and hydro-electric works, flood control and prevention of river pollution ; and


(k) re-allocation of population or industry from over populated and industrially congested area, indicating the density of population or the concentration of industry to be allowed in any area.


63.(1) The designated planning agency shall, after the surveys have been carried out and necessary maps prepared, prepare or get prepared and publish a draft Regional Plan, by making copy thereof available for inspecting and publish a notice in such form and manner as may be prescribed inviting objections and suggestions from any person with respect to the draftRegional Plan before such date as may be specified in the notice, such date not being earlier than *[thirty days] from the date of first publication of the notice.


(2) Any person may, within such period as may be specified in the notice published
under sub-section (1), send to the designated planning agency, his objections and
suggestions, if any, in respect of such draft Regional Plan.


(3) ** […..].


(4) *** [The Designated Planning Agency shall, after allowing reasonable opportunity of being heard, to all the persons, who have filed objections or suggestions under subsection (2), finalise the draft regional plan and send it to the State Government for its consideration alongwith the objections, if any, received under sub-section (2), with its comments thereon.]

 

(5) **** […..].


(6) ***** […..].


(7) ****** […..].


(8) ******* […..].

 

(9) ******** […..].


(10) ********* [The State Government may approve the draft regional plan with
modifications, if any, or approve it as such, in consultation with the Board.]

 

64.(1) ********** [Immediately, after a Regional Plan has been approved by the State Government under section 63, the Designated Planning Agency concerned, shall publish in the prescribed form and manner, a notice stating that the Regional Plan has been approved, and naming a place, where a copy thereof, may be inspected at all reasonable hours and shall specify therein, a date on which the Regional Plan shall come into operation; and]

 

(2) Except in such class or category of cases which the *[State Government may] in its regulations exempt and except in the case of operational constructions and
constructions in the areas comprised in Abadi Deh of any village falling inside its Lal Lakir or Phirni, no person shall, on or after the date the draft Regional Plan comes into operation under sub-section (1) institute or change use of any land for any purpose or carry out any development in respect of any land without the previous permission of the Competent Authority:


**[Provided that the exemptions granted in the case of operational constructions and constructions in the area comprised in abadi-deh of any village falling inside its lal lakir or phirni, shall not apply in the case of development affecting heritage site or its vicinity.]

 

65. At any time after the date on which the Regional Plan comes into operation, the designated agency may within the prior approval of the State Government make such minor changes in the Regional Plan as may be necessitated by topographical and cartographical errors or omissions, indicate details of proposal not fully indicated on the Regional Plan or provide for changes arising out of the implementation of the proposal in the Regional Plan:


Provided that no such change shall be made unless the same is in the public
interest and is notified to the public.

 

66. If, after the Regional Plan has come into operation, the *** [State Government] is of the opinion that revision of such Regional Plan is necessary, Board may direct the designated planning agency concerned to undertaken such a revision and thereupon the foregoing provisions of this Chapter, shall, so far as they can be made applicable, apply to the revision of the Regional Plan as these provisions apply in relation to the preparation, publication and approval of the Regional Plan :


Provided that no such direction shall be given unless a period of five years has
elapsed since the coming into operating of the Regional Plan :

 

67. (1) Every person including a Department of State Government or the Central
Government desiring to obtain permission under sub-section (2) of section 64 shall make an application to the Competent Authority in such form as may be prescribed.


(2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed :


Provided that no fee shall be payable in the case of application made by a
Department of the State Government or the Central Government.


(3) On receipt of an application for permission under sub-section (1), the Competent Authority after making such enquiry as it considers necessary, shall, by order, in writing, either grant the permission, subject to such *[Conditions and for such period,]as may be specified in the order or refuse to grant such permission.


(4) Notwithstanding anything contained in any law for the time being in-force, the
permission referred to in this section shall not be granted otherwise than in conformity with the provisions of the draft Regional Plan or the Regional Plan, as the case may be.


(5) Where the permission is refused under sub-section (3), the grounds of such refusal shall be recorded in writing and communicated to the applicant in the prescribed manner.

(6) The Competent Authority shall keep in such form as may be prescribed a Register of applications for permission under this section.


(7) The Register referred to in sub-section (6) shall contain such particulars including information as to the manner in which applications for permission have been dealt with as may be prescribed and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee as may be prescribed.

 

68. (1) Any person aggrieved by an order passed under section 67 may appeal, within thirty days of the communication of that order to him, to the State Government in such manner and on payment of such fee as may be prescribed.


(2) The State Government may, after giving reasonable opportunity of being heard to the appellant and the Competent Authority concerned, pass an order dismissing the appeal or accept the appeal by:-


(i) granting permission unconditionally ; or


(ii) granting permission subject to such condition as it may think fit:

*[Provided that the grant of permission by the State Government, whether conditional or otherwise, shall be in conformity with the provisions of the Regional Plan.]


(3) The decision of the State Government on the appeal shall be final and shall not be questioned in any court.


69. Any person who contravenes the provisions of sub-section (6) of section 56 or subsection (2) of section 64 shall be punishable with imprisonment of either description for a term which may extend to three years or a fine which may extend to ten thousand rupees or with both, and in the case of continuing contravention with a further fine which may extend to one thousand rupees for every day after the date of the first conviction during which he is proved to have persisted in the contravention.

 

                                         CHAPTER X


                   PREPARATION AND APPROVAL OF MASTER PLANS

 

70. (1) As soon as may be after the declaration of a planning area and after the designation of a Planning Agency for that area, the Designated Planning Agency shall, not later than one year after such declaration or within such time as *[the State Government may, from time to time, extend, prepare and submit to the State Government for its approval a plan (hereinafter called the "Master Plan")] for the planning area or any or its part and the ** […..] Master Plan so prepared shall -
(a) indicate broadly the manner in which the land in the area should be used ;


(b) allocate areas or zones of land for use for different purposes ;


(c) include, define and provide the existing and proposed highways, roads, major
streets and other lines of communication ;


***[(cc)indicate areas covered under heritage site and the manner in which
protection, preservation and conservation of such site including its regulation
and control of development, which is either affecting the heritage site or its
vicinity, shall be carried out.]


(d) indicate, regulations (hereinafter called "Zoning Regulations") to regulate
within each zone the location, height, number of storeys and size of buildings
and other structures open spaces and the use of building, structures and
land.


(2) Subject to the provisions of the rules made under this Act for regulating the form and contents of the ****[…..]Master Plan, any such plan shall include such maps and such descriptive matters as may be necessary to explain and illustrate the proposals in the ***** […..] Master Plan.


(3) ******[As soon as after the Master Plan has been prepared under sub - section (1) ,by the Designated Planning Agency, the State Government, not later than such time, as may be prescribed, shall
direct the Designated Planning Agency to publish the existing land use plan and
master plan and the place or places, where the copies of the same may be
inspected, for inviting objections in writing from any person with respect to the
existing land use plan and master plan within a period of thirty days from the date of publication.]


(4) *[The State Government, after considering the objections and in consultation with the Board, may, direct the Designated Planning Agency to modify the Master Plan or approve it as such.]


(5) **[The Designated Planning Agency, after approval of the State Government, shall publish the final Master Plan in the Official Gazette, after carrying out the
modifications if any, under intimation to the State Government within a period of thirty days from the date of according approval by the State Government.]

71. *** […..].


72. **** […..].


73. ***** […..].


74. ****** […..].


75. *******[Coming into operation of Master Plan,- The Master Plan come into operation from the date of publication, referred in sub-section(5) of section 70.]


76(1) At any after time after the date on which the Master Plan for an area comes into operation, and atleast once after every ten years, after that date, the Designated Planning Agency shall after carrying out such fresh surveys as may be considered necessary or as directed by the ********[State Government], prepare and submit to the Board, a Master Plan after making alterations or additions as it considers necessary.

(2) The provisions of *[Sections 70 and 75] shall mutatis mutandis as for as may be possible, apply to the Master Plan submitted under sub-section (1).

 

77. At any time after the date on which the **[…..] Master Plan for a planning area comes into operation the Designated Planning Agency may with the prior approval of the ***[State Government], make such minor changes in the Master Plan, as may be necessitated by typographical and cartographical errors and omissions, details of proposals not fully indicated on plan or changes arising out of the implementation of the proposals in the Master Plan :


Provided that no such change shall be made unless the same is in the public interest and is notified to the public.

 

78. After the designation of a site for a new town and after the designation of a Planning Agency for the same, the Designated Planning Agency shall prepare a Master Plan for the new town and the provisions of ****[Sections 70 and 75] shall mutatis mutandis apply to such a Master Plan.

 

                                  CHAPTER XI


CONTROL OF DEVELOPMENT AND USE OF LAND IN THE AREA WHERE MASTER PLAN IS IN OPERATION

 

79. After the coming into operation of any Master Plan in any area, no person shall use or permit to be used any land or carry out any development in that area otherwise than in conformity with such Master Plan :


Provided that the Competent Authority may allow the continuance of any use of any land, for a period not exceeding ten year, upon such terms and conditions as may be provided by regulations made in this behalf for the purpose and to the extent, for and to which it was being used on the date on which such a Master Plan came into operation.

 

80. After coming into operation of any Master Plan in any area and subject to the other provisions of this Act, no development in respect of, or change of use of, any land shall be undertaken or carried out, in that area -


(a) without obtaining the permission in writing as provided for hereafter ; and


(b) without obtaining a certificate from the Competent Authority certifying that the
development charge or betterment charge as leviable under this Act has
been paid or that no such charges are leviable :


*[Provided that except in the case of development, affecting heritage site or its
vicinity, no such permission shall be necessary-]


(i) for operational constructions and constructions in the area comprised in the
abadi-deh of any village falling inside its Lal Lakir or Phirni ;


(ii) for carrying out such works for the maintenance, improvement or other
alteration of any building which affect only its interior or which do not materially affect the external appearance of the building ;

(iii) *[….] for the carrying out by the Central Government or the State
Government or any local authority of,-


(a) any work required for the maintenance or improvement of a high way, road or
public street, being work carried out on land within the boundaries of such
highway, road or public street ;


(b) any work for the purpose of inspecting, repairing or renewing any drains,
sewers, mains, pipes, cables or other apparatus including the breaking open
of any street or other land for that purpose ;

(iv) for the excavations (including wells and tubewells) made in the ordinary
course of agricultural operation or for such constructions which are made for
agricultural purposes subservient to agriculture :


Provided that such excavation or constructions are situated in the areas in which
agriculture is permitted land use as per the Master Plan ;


(v) for the construction of unmetalled roads intended to give access to land
solely meant for agricultural purpose.

 

81. (1) Any person intending to carry out any development in respect of, or a change of use of any land or intending to sub-divide his plot or to layout a private street shall make an application in writing to the Competent Authority for permission in such form and containing such particulars and accompanied by such documents and plans as may be prescribed.


(2)(a) In the case of a Department of the State Government or the Central Government or a local authority intending to carry out any development in respect of, or, change of use of, any land, the concerned Department or the local authority, as the case may be, shall notify in writing to the Competent Authority of its intention to do so giving full particulars thereof and accompanied by such documents and plans as may be prescribed, at least, two months prior to the undertaking of such development or change, as the case may be.


(b) Where the Competent Authority has raised any objection in respect of the conformity or the proposed development either to any Master Plan under preparation or to any rules in force at that time, or due to any other material consideration, the Department of the State Government or the Central Government or the local authority, as the case may be, shall either make necessary modifications in the proposals for such development or change of use to meet the objections raised by the Competent Authority or submit *[to the State Government the proposal for such development or change of use together with the objections raised by the Competent Authority for decision.]


(c) The **[State Government] on receipt of such proposal togetherwith the objections of the Competent Authority shall either approve the proposals with or without modifications or direct the Department of the State Government or the Central Government or the local authority, as the case may be, to make such modifications in the proposals as it considers necessary in the circumstances.


(3) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed :

Provided that no fee shall be payable in the case of an application made by a
Department of the State Government or the Central Government.

(4) On an application having being duly made under sub-section (1) and on payment of the development charge or betterment charges if
any, as may be assessed under Chapter XIII, the Competent Authority may,-
(a) pass an order -


(i) granting permission unconditionally ; or


(ii) granting permission subject to such conditions as it may think
necessary to impose ; or


(iii) refusing permission ;


(b) without prejudice to the generality of clause (a) impose conditions -


(i) to the effect that the permission granted is only for a specified period
and after the expiry of that period, the land shall be restored to its previous condition or the use of the land so permitted shall be discontinued ; or


(ii) for regulating the development or use of any land under control of the
applicant or for the carrying out of works on any such land as may appear to the Competent Authority expedient.


(5) The Competent Authority in considering the application for permission shall ensure that it is in conformity with the provisions of the Master Plan prepared or under preparation under this Act and where the development or change or use of any land is likely in the opinion of the Competent Authority to interfere with the operation of the Master Plan or to be prejudicial to planned development, or any plan for development of the Authority, the Competent Authority may refuse such permission.


(6) Where permission is granted subject to conditions or is refused, the grounds of
imposing such conditions or such refusal shall be recorded in the order and such
order shall be communicated to the applicant in the prescribed manner.


(7) *[If the Competent Authority does not communicate its decision to grant or refuse permission to the applicant within a period of sixty days from the date of receipt of his application in case other than the heritage site, and within a period of one hundred twenty days in the case of heritage site and development affecting such site, or within a period of sixty days from the date of receipt of reply from the applicant in respect of any requisition made by the Competent Authority, whichever is later, then such permission shall be deemed to have been granted to the applicant on the date immediately following the date of expiry of the later date without prejudice to the provisions of this Act, rules and regulations made thereunder:


Provided that any development carried out in pursuance of such deemed permission, which is in contravention of the provisions of the Act, rules and regulations made thereunder, shall be deemed to be an unauthorised development for the purposes of sections 86, 87, 88, 89 and 90.]

 

82. (1) Any person aggrieved by an order passed under section 81 may, within thirty days of the communication of that order to him, appeal to the appellate authority, as the State government may, by notification, appoint, for the purpose of this section, in such manner and on payment of such fees as may be prescribed.


(2) The appellate authority may, after giving a reasonable opportunity of being heard to the appellant and the Competent Authority concerned, pass an order dismissing the appeal or accepting the appeal by,-


(i) granting permission unconditionally ; or


(ii) granting permission subject to such conditions as it may think fit ; and


(iii) removing the conditions subject to which permission has been granted and
imposing other conditions, if any, as it may think fit :


*[Provided that the grant of permission by the appellate authority, whether conditional or otherwise, shall be in conformity with the provisions of the Master Plan.]


(3) The decision of the appellate authority on the appeal shall be final and shall not be questioned in any court.

 

83. Any permission granted under section 80 shall remain in force for a period of two years from the date of grant of such permission and should the permission be not availed of for the purpose for which it is granted within the aforesaid period, the permission shall be deemed to have lapsed ;


Provided that the Competent Authority may, on application made in this behalf before the expiry of the aforesaid period extend such period from year to year but such extended period shall in no case exceed two years :


Provided further that such lapse shall not bar any subsequent application for fresh
permission under section 80.

 

84. (1) Where any person, aggrieved by an order of the Competent Authority under section 81 or of the appellate authority under section 82 refusing to grant
permission or granting permission subject to conditions, claims -


(a) that the land has become incapable of reasonably beneficial use in its
existing state ; or

(b) in a case where permission is given subject to conditions, that the **[land and
building] cannot be rendered capable of reasonably beneficial use by the
carrying out of the permitted development in accordance with the conditions ;
he may, within such time and in such manner as may be prescribed, serve on the
State Government a notice (hereinafter referred to as " the acquisition notice " )
requiring the State Government to acquire his interest in the land.

(2) A copy of the acquisition notice referred to in sub-section (1) shall be served on the Competent Authority concerned.


(3) After receiving the notice under sub-section (1), the State Government shall appoint a person having qualifications as may be prescribed who shall after giving a reasonable opportunity of being heard to the person serving the acquisition notice, and the Competent Authority concerned, submit a report thereon to the State Government.


(4) After receiving the report under sub-section (3) the State Government shall -


(a) (i) if it is satisfied that any of the conditions specified in clause (a) or clause (b) of sub-section (1) is not fulfilled ; or


(ii) if the order appealed against was passed on the ground that any of the
provisions of this Act or the rules made thereunder had not been complied
with ; pass an order refusing to confirm the notice ; or


(b) if it is satisfied that any of the conditions specified in clause (a) or clause (b)
of sub-section (1) is fulfilled, pass an order ---


(i) confirming the notice ; or


(ii) directing the Competent Authority to grant such permission or to alter the
conditions in such a way as will leave the land or part thereof capable of
reasonably beneficial use.


(5) If within a period of one hundred and twenty days from the date of which an
acquisition notice is served, the State Government does not pass an order thereon
under sub-section (4) the notice shall be deemed to have been confirmed on the
expiration of such period.


(6) On an acquisition notice being confirmed under sub-section (4) or deemed to have been confirmed under sub-section (5), the Competent Authority concerned shall get the land or that part thereof acquired in respect of which the notice has been confirmed within one year of such confirmation.

 

85. (1) If it appears to the Competent Authority that it is necessary or expedient having regard to the Master Plan prepared or *[under preparation or revision] and to any other material considerations, that any permission to develop land granted under this Act or any other law for the time being in force should be revoked or modified, it may, after giving a reasonable opportunity of being heard to the person in whose favour the permission had been granted, by an order revoke or modify the permission to such extent as appears to it to be necessary :


Provided that -


(a) where the permission relates to the carrying out of building or other
operation, no such order -


(i) shall affect such of the operations as have been previously carried out ;


(ii) shall be passed after these operations have been completed ;


(b) where permission relates to a change of use of land, no such order shall be
passed at any time after the change has taken place.


(2) When permission is revoked or modified by an order made under sub-section (1), the owner may, within such time and in such manner as may be prescribed, claim compensation for the expenditure incurred in carrying out any work in accordance with such permission and which has been rendered abortive by the revocation or modification of permission.


(3) Where a claim under sub-section (2) is received by the Competent Authority
concerned, it shall , after giving the owner reasonable opportunity of being heard, assess the amount of compensation and offer it to the owner.

(4) if the owner does not accept the compensation offered under sub-section (3), and gives notice, within such time as may be prescribed, of such refusal, the Competent Authority shall refer the matter for the adjudication of the prescribed authority and the decision of the prescribed authority shall be final and binding on the owner and the Competent Authority.

 

86. (1) Any person who, either, by himself or at the instance of any other person,
commences, undertakes or carries out development of or changes the use of, any
land -


(a) in contravention of any *[Master Plan prepared or under preparation or revision] ; or


(b) without obtaining certificate regarding development charge or betterment
charge under section 80 ; or


(c) without the permission as required under section 81 ; or

(d) in contravention of any condition subject to which such permission has been
granted ; or


(e) after the permission for development has been revoked under section 85 ; or


(f) in contravention of the permission which has been modified under section 85,
shall be punishable with imprisonment of either description for a term which
may extend to three years or with fine which may extend to ten thousand rupees, or with both, and in the case of continuing offence with a further fine which may extend to one thousand rupees for every day during which such contravention continues after conviction for the first such contravention.


(2) Any person who continues to use or allows the use of any land or building in
contravention of the provisions of a ** [Master Plan prepared or under preparation
or revision] without having been allowed under section 80 or where the continuance of such use has been allowed under that section, continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed shall be punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to ten thousand rupees, or , with both, and in the case of continuing offence with a further fine which may extend to one thousand rupees for every day during which such contravention continues after conviction for the first such contravention.


(3) Any person who, either by himself or at the instance of any other person, erects or reerects any building or makes or extends any excavation or lays out any means of access to a road in contravention of the provisions of section 80, shall be punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to ten thousand rupees, or, with both, and in case of a continuing offence with a further fine which may extend to one thousand rupees for every day during which such contravention continues after conviction for the first such contravention.

 

87. (1) Where any development or land has been or being carried out in any manner specified in clauses (a) to (f) of sub-section (1) of section 86 or any building has been erected or re-erected or any excavation has been made of extended or any means of access has been laid out to a road in contravention of the provisions of section 80, the Competent Authority may, within four years of completion of such development, erection or re-erection of building, or making or extending any excavation, or laying out of any means of access to a road as the case may be, serve on the owner a notice requiring him, being not less than one month, as may be specified therein, after the service of the notice, to take such steps, as may be specified in the notice, namely:-


(i) in cases specified clause (a), clause (c), or clause (e) of sub-section (1) of
section 86, or sub-section (3) thereof, to restore the land to its condition before
the said development, erection, re-erection, excavation or laying out of any
means of access to road took place ;


(ii) in cases specified in clause (d) or clause (f) of sub-section (1) of section 86, to
secure compliance with the conditions or with permission as modified ;


(iii) in case specified in clause (b) of sub-section (1) of section 86, to pay the
development charge or betterment charge and such penalty, if any, as may be
prescribed :


Provided that in case the notice requires the discontinuance of the use of any
land, the Competent Authority shall serve a notice on the occupier also.


(2) in particular, any such notice may, for the purposes of sub-section (1), require -
(i) the demolition or alteration of any building or works ;


(ii) the carrying out on land, of any building or other operations;


(iii) the discontinuance any use land.


(3) Any person aggrieved by such notice may within such period and in such manner as may be prescribed -


(a) apply for permission under section 81 for the retention on the land of any
buildings or works or for the continuance of any use of the land, to which the
notice relates ; or


(b) appeal to the State Government.


(4) (a) The notice shall be of no effect pending the final disposal or withdrawal of the application or the appeal.


(b) Where permission is granted on an application referred to in clause (a) of subsection (3), the notice shall not take effect, and where such permission is granted for the retention only of some building or work or for the continuance of use of only a part of the land, such notice shall not take effect regarding such building or work or such part of the land, but shall have full effect regarding the works or other parts of the land.


(5) Where an appeal has been preferred under clause (b) of sub-section (3), the State Government may, after allowing a reasonable opportunity to the appellant and the Competent Authority of being heard, dismiss the appeal or accept the appeal by quashing or varying the notice as it may think fit and the decision of the State Government on the appeal shall be final and shall not be questioned in any court.


(6) If within the period specified in the notice or within such period after the disposal or withdrawal of the application for permission or the appeal under sub-section (3), as the case may be, the notice or so much of it as continues to have effect, or the notice with variations made in appeal, is not complied with, the Competent Authority may,-


(a) prosecute the owner for not complying with the notice and in the case where
the notice required the discontinuance of any use of land prosecute any other
person also who uses the land or causes or permits the land to be used in
contravention of the notice ; and


(b) (i) in the case of a notice requiring the demolition or alteration of any building or other operations, itself cause the restoration of the land to the condition in
which it was before the development, erection, re-erection, excavation or laying out of any means of access to a road, as the case may be, took place and secure the compliance with the conditions of the permission or with the permission as modified, by taking such steps as the Competent Authority concerned may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations ;


(ii) may recover the cost of any expenses incurred by it in this behalf from the
owner as arrear of land revenue.


(7) Any person prosecuted under clause (a) of sub-section (6) shall be punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to ten thousand rupees, or, with both, and in the case of a continuing offence, with a further fine which may extend to one thousand rupees for every day during which such contravention continues after conviction for the first such contravention.

 

88.(1) Where any development of land has been carried out in any manner specified in clauses (a) to (f) of sub-section (1) of section 86 or any building has been erected or re-erected or any excavation has been made or extended or any means of access has been laid to any road in contravention of the provisions of section 81, but has not been completed, the Competent Authority may serve on the owner and the person carrying out the development or the erection or re-erection of building or making or extending any excavation or laying out any means of access to a road, a notice requiring him to discontinue the same from the time of service of such notice.


(2) Where a notice has been served under sub-section (1), the person aggrieved by such notice may appeal to the State Government and the provisions of sub-sections (5) and (6) of section 87 shall apply with such modifications as may be necessary.


(3) Any person, who continues to carry out the development of land whether for himself or on behalf of the owner or any other person, after such notice has been served, shall be, punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to ten thousand rupees, or, with both, ad when the non-compliance is a continuing one with a further fine which may extend to one thousand rupees for every day after the date of the notice during which the non-compliance has continued or continues.

(4) If a notice under sub-section (1) is not complied with forthwith, the Competent
Authority or any office authorised by it in this behalf, as the case may be, may require any police officer to remove such person and other workmen from the land with his assistance and such police officer shall comply with such requisition.


(5) Where action has been taken by a Police Officer under sub-section (4), the
Competent Authority or the officer referred to in that sub-section, shall take necessary steps to ensure that such development is not continued.


(6) Any expenses incurred by the Competent Authority under sub-section (4) and subsection (5), shall be paid by the person at whose instance such development is being continued or to whom notice under sub-section (1) was given and shall be
recoverable from such person as arrear of land revenue.