DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Punjab New Mandi Townships (Development and Regulation) Act, 1960 Act 2 of 1960
Keyword(s):
Amenity, Building, Erect or Re-erect any Building, New Mandi Township, Occupier, Prescribed, Transferee
1
1960 : Pb. Act 21 NEW MANUI TOIVNSI~IPS (DEVELOP~IEVT A N D REGCILATIOK)
THE PUNJAB NEW MANDl TOLIINSHIPS (DEVELOPhENT AND REGULATION)
ACT. 1960.
'I'ARLE OF CONl'tINTS
I. Sl~orr irlc, extent and cornrnznccmenl.
3. Power of Statc Govcmmenr to declare New Mandl Townships and lo rranskr
land and buildings ~hcrein.
9. Bar to erec~inn or nl~crafinn of hulldings in contr;~venrion o f hlrildings ntles.
5. Adminisrralor's power lo snncrion or refuse ereclion of buildings :~nd presump~ion of sanclion.
6. Pnwer of Adminiswaror to stop unauthorised hujlding operalions and penalty
for breach and disobcdience.
7. Power of Adminisuator to direcl modifica~ionot'sanclioned plan of a building before ils cornplelion.
S. Laps of saction afrer one ycar from the darc of such sanc~ion.
9. Power to rcquire proper maintenance of sirc nr building.
10. Lcvy of fees amenities.
11. Imposition of penalry xnd mode of recovery of arrears
17. Irnposirion or pcnal~y in case o f non-payment af considernrir,n money.
13. Rcsurnprion and forfei~ure for breach of condi~iuns of ~ranskr.
13. Penally for breach of rhc provisions of rhc Act or rules made therc under.
. -
15. Appcai and revision. -
16. Power of c n q on buildings or land.
17. Partial cxclus~on o l jurisdiction i)f Municipal Uornmil~ees, Panchilyars and
'l'arvn Improve~nent Twsrs in ncw mandi \awnships.
1 Y. Procedure hr prosecution.
2
352 NEW E*!.4NDI TOWNStllPS [I960 : Pb. Act 2 (DEVELOPMEKT AND REGULA'~ION)
19. Hrlr of jurisdic~ion.
10. Pro~cc~ion faction takcn in good failll.
21. l)eltga~ion.
22. Power 10 exclude application of ,4c1 to ccrtaln ncw mandi rownships.
23. Po\vrr tu include fully or paninlly developed ncw rnandi lown~tiips within limits of local authorities.
74. Ccrlain salts 10 bt dcemcd to be salts under [his Act.
23. Power ro make rules.
3
1960 : Pb. Act 21 NEW MANDI TOIVNSHTPS
(DEVELOPMENT AND REGULATION)
'THE PUNJAB NEW MANDI TOWNSHIPS (DEVELOPMEhT AND REGULATION)
ACT, 1-960.
(PUNJAR ACT No. 2 OF 1960) [Received ihe nssetlt oJthtl Guvt.rt~or oJP~t~rjab orz tlw
5th Jntlrrnry, 19660, urrd ~vcrs firsf plrblished irr the Prrt Mb Govenmrent Gazeire (Extmnl-dinaq))
oJflre 8d1 Jnllllaty 19601
to provide for the development andregulation of new rnandi townships in 3[Haryana].
1
Ycar
1960
Be it enacted by thc Lcgislaturc of thc- Statc of Punjab in thc Tcnth Year of the Republic of India as.follows :-
1. ( 1 ) This Act may be called the Punjab New Mandi Townships Shor~ title,
(Development and Regulation) Act, 1960.- extent and commencement.
1. For Statement of Objecls .and Reasons, see Purljab Governmr,r{ Gazene (Extraordinary), 1958, page 1472-73.
2. Sce Haryana Govemmcnt Gazetie (Extraordinary), datcd the 29th Occober, 1968.
3. Substituted for the word '' Punjab" by the Haryana Adaptalion of Laws
Order, 1968.
4. For Statement of bbjecls and Rcasons, see Haryarra Goverl~n~enr Gazerre (Exlraordinary), 197 1 , page 1014.
5 . For Statcmcnt of Objccts and Rcasons, see Elatyutza G o v e r ~ r r t r ~ ' ~ ~ ~ Gazetre (Exlraordinary), dated the 22nd March, 1973, page 396.
6 . For Statement of Objects and Reasons, see Hayatra Govenrrtrc~ir Gazerre (Extraordinary), 22nd November, 1974. page 1624.
7. For Slatemen1 of Objccls and Reasons, see Hrrryutro Gavel-nt~~etrt Gazerre (Extraordinary), datcd lhc 8th March, 1978, page 286.
2
Nn.
2
3
- Short l i~ le
The Punjab New Mandi Townships (Developmcn t and Regulation ) Act,
1960.
4
Whclher repcaled or olherwise
affected by legislalion
Amended by Haryana Adaptn~ion of Laws (Slale and Concurrcnt Subcjcls ) Oder, 1968'
Amended hy the Haryana Adap~a~ion of Laws Order, 1968'.
Amcndcd by Haryana Act 32 of 197 1' -
Amcndcd by Haryana Acl 10 of 1 9735 Amcndcd by Huryaaa ACL 45 of 1974' Amended by Warynna Act 10 of 1975'
4
354 NEW MASOI TOWNSHIPS (1960 : Pb. Act 2 (DEVELOPMENT AND REGLI -ATION)
(2) It extends lo the whole of the Statc of '[Haryana].
( 3 ) It s l~a l l comc into forcc at oncc.
2. In this Act, unless thc contexl othe~~wise rcquircs.-
(u) "Admjnistri~tor" means any pcrson designated by tlic
State Governmen1 by notificrrrion in the Official Gazettc for p e r r o s m i n ~ thc functions o f an Adminis~catol- under this Act ;
( b ) "amenity" includcs roads, iv~ter-supply. street lighiir~g, drainage, sewerase, catlle-sheds, warehouses. puhlic
Iavalories, bath rooms, public buildings, horticulrure. landscaping and any other- public utility as may be prescribed ;
( c ) "building" means a n y cunstruclion or part of n
construction which j s inlended to be used for
residential, commercial, industrial or othcf purpos~s,
whether in aclual usc or no[ and includes any our-house, strucwre, stable, cattle-shcd, garage, hut, platforn~ and plinth ;
(rl) "Commissjoner" will have the meaning assigned lo him in the Colonizstion of Government Lands (Punj 3b) .4c1, 1912 ;
(el "creel or re-erect any building" includes-
(il any mate~ial alteration or eniargerncnc of any building,
( i i ) thc conversion by s~ructurd allcrnlion inrn a place fnr human habitation of any building not originally cons!ructcd for human habilalion,
(iii) the conversion into more fhan one place for human habiration of a building originally constnlcted as
one such place.
( i v ) rhe conversion of two or more placcs of human
habi~ation into a greater numbel: uf such places.
5
1960 : Pb. . k t 21 NEW MANDI TOii"NSI4IPS 355
(DEVELOPMEKT AND REGL:I..;\TION)
(11) such drei-ations of a building as affect an alteration of ils drainagc or sanitary arrange-men~s, or mate~i;rlly affcut i ~ s securily.
(vi) thc addition of any inooms. buildings. oul-houscs or other s~l-uctu~es to any building,
(v i i ) thc const~vction in a wall adjoining any strccr or
land not belonging to thc owner of t11c \c~iil I, of a door opening on lo such street or land, and
( ~ ! i i i ) the conslruc tion of any ove~hanging struclure over any streer or public placc or thz enclosing of m y space intcnded to be kepl open ;
(fl "new mandi township" means any area declared to be a new mandi rocvnship by the Scate Government under su b-section (1 ) nf section 3 ;
(8) "occupier" means a person. including a firm or other' body of individuals, whell~cr incorporated or not, who occupies a site or building transkrred under this Act,
and includes his successors and assigns ; (I!) "prcscribed" means prescribed by ruies made under
this Act ; ( i ) "sire" means any land which is trnnsferred by the Sralc ' Governmcui under sedion 3 ;
( j ) "transferee" means a person (I ncIuding a iim or o ~ h e r body of individuals whelher incorporated or not) to whom a sjtc or building is sold, leased or rransferred
in any manncr wharsoever under this Act, md includes his successnrs and assigns.
3. ('1) The State Governmcnr may. from t ime to time by Power nfSnte
notification in the Official Gazelte, dcclare m y uca to be a ncw mandi Govmmcnt to [ownship for the purposes of this Act to be known by such name as may der'are New ,. -
Mandi be specified in the notification. Townships and
I [ ( 2 ) Subjec~ ro the provis~ons of sub-scc tion (4). lhc Stale m n ~ f e r land
Governmen1 may sell, lease or othenvisc transfer, whether by auction, and buildings
thcreiu.
allotment or othenvise, ;tny s i ie 01- building belonzing to the Slate
1. Substiturcd by 1Iar:aua Act I O of 197.;
6
356 NEW MANDI TOIVNSHIPS I1960 : Pb. Act 2 (UEVELOIIMENT Ah'D REG~!LATION)
Gnvemmcnt i n ikny ncw mandi township on such tcrrns and condilions as may be prcscribed.
( - 3 ) Thc consideration moncy for any transfer under s d -
scclion (2) s h ~ l l he paid to thc Stare Government in such manner, in
such instalments and at such ratc of interest as may be prescribed.
(4) Notwithstanding anything cnninined in any other law for rhe rime bcing in t'orce. a sitc or building ar both, as thc case may be,
sllall continue ro belong to the State Governmcni until he en1i1.c consideration money together wilh intcrest i~nd orher amount, i f any.
due to the State Government on account of the sale of such site or building or both undcr sub-section (21, is paid.
( 5 ) Until the condirions prescribed are ful iillcd, the lransferee shall not transfer his righrs in the site or building except wit11 the previous pcnnission of the Administrator, which may he granted on such terms and condi~ions, which he may dccm fi t . ]
R;lr to crcction 4. ( 1 1 Yo person shall erect or re-erec t or occupy wholly or partly
or alleration of any building or use or develop any site or building in contravention of
buildin~s in any mles made under sub-section (2) and without the previous pemission
con~avenrion of -
I n writing of the Administrator.
building rules.
2 TheStateGovernmentshall, by notificationin theofficiaI Gazette, make rules to inegulare the erection or re-erection of buildings and sites, and such rulcs may provide for all or any of [he foilowitlg
matters :-
(a) notice to build and procedure for submission of
building applications with building and sile plans ;
( b ) use of s i ~ e and the type and character of building and
rhe nunher of self-contained units that may be erecled on any site ;
(c) extent of sitc covcragc and space about buildings and
the prescription of a building linc ;
(dl the minimum dimensiuns and superficial area rcquired for various part of the building designed for different
purposes and the minimum provjsion of doors and
windows for securing venr ilation and circulation of air ;
7
1960 : Pb. Act 21 h'E\\: h,lAh'Dl 'rO\VKSHlPS 357
(DLI:EL.OPLIENT ,j ND REGUI .ATION)
( e ) the maximum height of any buiIding and the tolnl number and height of storcys in n building :
(tj the mcans to he provided for ingrcss iind egress lo any building for pl-evknrion or ij1.e :
I S ) Ihe extrnr oC arcl~itecrur;ll control un the various units of the building and [he pollions of such a ~ ~ l ~ i t e c l r ~ r a l units, including cumpulsoly building line a10112 ivhich,
and cnmpulsory heiglll up to i v h i d ~ , bui lding shall bc complelcd within a speci ried and reasonable lime ;
( 1 1 ) the specificahon of marerials and dimensions for any building to ensure structural stability ;
( i ) the materials and methods of construction for drains and selvcrs and for the provision and use of connection bctween private and pub1 ic drains and sewcrs, and the procedure for submission of plans ;
( j ) Supervisors and Architects for design and crection of
any buildings and qualificarions which such persons shall posscss ;
(X-) notice and certilicate of complerion of buildings or part thereof ;
( I ) any other matters for the proper use and development of sites and the use, alteralion and erecrion of buildings thereon.
5. (1) Thc Administrator shall refuse to sarlction the ercction of Adminism[or's any building in contravention of any rules made under sub-section (2 ) of puwer ID
scc~ion 4. . sanction or rcfuse erection
( 2 ) ' h e AdminisIrator sl~all ~ I I every case, con~municare ihe ofbuildiilg~ and sanction or rejection of a building application within sixty days of irs pres"nlption of sanction. ~cceipt.
[3 ) Whcrc no communicalion is rcccived by the applicant
from thc Adrninisrrator within the pcriod specit'icd in sub-sectjon (2),
the application shall be dccmed to have hcen sanctioned and the
applicant may: after giving fifteen days' noticc to he Adminiscrator. erecl or re-erect rhc building in accordance with the bui lcling applicalion
8
hdnuuisrra to1 10, slop
una~rtharisrd
Su~ldms
open!ions and penally for
breach and disobedience.
Power of
Administrator
lo direct modilicatiun of sanctioned plan
u f a building
hctbrc its cnrnplction. Lapse of snnc~ion after one year from the date of such
sanclion. Power 10 rcquirr proper
maintenance nf site or b~rilding.
355 NEW XIAirlDl TOIVNSHII'S [I960 : Pb. Act 2 (I)EVBLOPMENI. ,\SD REGUI.XTION)
submitted by him to the Administrator for sanction nolwjthstanding that such erection or- re-erection conrravcnes Ihc rules made under scclion 4 :
Provided that when lhe Adrninislralor modifies the huilding npplicalirln within such fifteen days and cnrn~nr~nicates ~ h c modification lo the applicanl. the applicant shall crcct ar re-erect [he building in
accordance tvi th such modification.
6. Where [he crcction or rc-crection of a building has bcen commenced wirtlour sanction or is hein2 carried on as such or in con~ravcntion of the terns of any sanction, the Adminisrrator may, by a
nolicc to be served on Ihc owncr, or by affixing 1 1 at [he sile or on the
building, direct that the building operations be djsconli nucd.
7. If at any time before the completion of a building of which the crzction or re-crcction has been sanctioned under section 5, t h e
Administrator finds that any modificiition of the sanctioned plan is
necessary, he may dircct that thc building bc modifjcd accordingly, subject to payrnenr of cclrnpcnsation by the State Government for any loss incut~ed by the owner on account of such modification. -
8. Every sanction for erection or re-crection of any building gi ven
or deemcd ro have been, given shall bc valid for one year from the datc of such sanction or for such longer pcriod as the Adminisrrator may allow :
Provided thar the crcction or re-erection of rhe building not co~nmenced within one year, and completed within two years or such longer period as may have, been itllowed, the sanction shall be deemed to have lapsed, bul such lapse shail not bar any subscqlrcnt applicalion
for fresh sanction.
9. If ti appears lo the Adminisrrator that thc condirion or use of any site or buildins is prejudicially affecting [he proper planning of any p;irt of ncw mandi township, or its amenities, dr thc healrh or inlerests of Ihe general public, he rnny serve on the transfcrcc or occupier of rhc si tc or building nolice requiring him to take such stcps and wilh in sucb
period as may bc specified in the norice and thcrcafter to maintain i t in
such a manner as rnay be specified rherein.
9
1960 : Pb. Act 21 YEW hlhh'D1 TOWNSHIPS 359
(DEVELOPMENT AND REGULATION)
79A. Thc State Governmen1 miiy provide the amenities such Provision of rerms and conditions as may be prescribed.] arnini ties. f 0. For the purpose of Providing, maintaining or conrjnuing any Lcvy o f fees for amenity in [he neiv mandi townsl~ip, the S~ate Government may levy
such fees as i t miiy consider neccssary in respect of any silt or building on the transferee or occupier thereof.
'[ll. (1) Wher-e any pcrson makes default in ~ h c payment of any In~position of - penalp and rent due in rzspect of any lease of any s i ~ e or building or borh, as the casc
nlode of may bc, under section 3, or any fees under section 10, ihc Administrator ,,,,,,v of may director that i n addition to the amount of arrears, a sum not exceeding arrears.
that amount shall be recovered C o r n thc person by way of penalty :
Provided that no such direction shall be made unless the person affected thereby has been givcn a reasonable opportunity of being heard in the matter.
(2) Where my person makes default-in the payment of any t - - 0 am6nnt, being the arrears or penalty, or both, directed to he paid under sub-secrion ( I ) , such arnounl may bc recovered from him. in the same manner as an arrear of land revenue.]
'[12. ( 1 ) 'IVhere any transferee makes default i n the paymelli of lmpositian of any consideralion rnoncy or any instalmcnt on accnunt of the sale of ;my penalty in case of non-paymenl
site or buiIding, or both, under section 3, the Administrator may, by ofConsidcra- notice in writing, call upon the transferee to show causc wilhin a period tion money.
of thirty days, why u penalty (which shaII not exceed ten per centum of the amount due from thc transferee) be not imposed upon him.
(2) After considering, the cause, if any, shown by the transferee and after giving him a reasonable opportunity of being heard I >
in thc matter, the Adrninis trator may, for reasons to be recorded in writing, make an order of imposing the, penalty and direct that the amount of money due along with the penalty shall be paid by the transferee, within such period as may be specified in thc order.]
I . Substitured by Haryana Act 10 of 1973.
2. lnscrted by I-laryana Act 45 o f 1974.
10
360 NEW MANDI TOU~NSHIPS 11960 : Ph. Act 2
(DEVGL.[)PMENT AND REGUL.ATION)
Resumpliou and '[13. ( I ) I f Ihc lransfcrce fails to pay the amount due rogelhcr wirh FrlrTciture for he perrally, i n accoi-dance wilh the orderh made under sub-seclion (2) of hrcach af seclion 12, or commits a breach of any othcr condilion of such sale. thc i conditions uf Administrator may. b 1 noticc i n nlri ting, call upon the transferee to sliow transfer.
cause, within a periud of thirty days, why an order 01 resumption of the
sile or building, or- both, as thc case may be, and forfeiture of the whole
or any part of rhe money ii any, paid in respect thereof (which in no case
shall exceed ten pcr centurn of the rotill amount of thc consideralion money, interest and other dues payable in rcspect of thc sale of the site or building or both) should not be made.
(2) After considering the cause, if any, shown by thc ~ransfcrce in pursuance of a notice under sub-section (I.) md any evidencc that he may produce in support of the samc and after giving him a
reasonable opportunity or being heard in the matter, the Administraror
may, for reasons to be recorded in writing, make an order resuming thc
site or building, or both, as the casc may be, so sold and dirccting the forfeiture as provided in su h-section ( 1 ) of Ihe whole or any pak of thc money paid in respect of such sitc.]
Pewlty i@r
breach uf the
provisions of
the Act or rule
~hercunder,
14. ( l j Except a s otherwise provided i n this Act, any contravention nf thc provisions of this Acl or the rules made thereunder 'S
shall he punishable with line which may extend to five hundred rupees, and, in thc case of conGnuingconlravention, with an additional hne w11ich may extcnd to fifty rupees for each day durjng which such contravention continues after tlic first conviction.
(2) If a building is begun, ercctcd o r re-crecred in
contravention of any of the rules made under sub-scclion (2 ) of section
4, the Administrator shall be competent to order the building to bc nlrercd
or demolished by a written notice served on [he owner thereof within six
months of such commencement, erectinn or re-erect-ion. Such notice shall also spccify the period not being less than Cifteen days during which such alteration or demolition must be made and if the nolice is not compl ied with, the Administrator shall be competent to demolish the said building at the expense of the owner :
Provided that thc Adminislralor may, inslead of requiring the alteration or demoli~ionof any such building, accept by way or composition such sum as he may deem reasonable.
1. Substituted hy Havana Acl 10 of 1973.
11
1960 : Pb. Act 21 NEW ~ I A N D I TO~VNSHIPS 36 1 (DEVELOPMENT AND REGUI~ATION)
15. ( 1 ) Ally person aggrieved by an order of the Administrator Appeal and
under '[sections 5 , S, 9. 11, 12, 131 or sub-section (2 ) of seclion 14 may, revisiuu.
wilhin thirty days from the datc of cornmunication to hi n~ of s u d ~ ordel-, prefer a.n appeal to ~ h c Commissioner of the Division in which the ncis7 I I rnandi [ownship is situated :
Providcd tha~ thc Conmissioner may entertain an :~ppenl after the expiry of the said period of rhirty days if he i s satisfied illat the appeI1:inr was prcvcnrcd by sufficicnr cause from filing the appeal in l ime :
Providcd furlher chat the provjsions relating to the deduction oC pcr-iod spent in oblaining copies of ordcrs conrained i n the Indian Limitation Act*, 1908, shall apply in computing the pcriod of linnitation.
(2) The Commissioner may, after hearing the appeal, confirm
vary or revcjse the ordcr appealed against and may pass such orders as he ]nay dce111 fit.
(3 ) The Financial Commissioncr may, either on his own mo~ion or on an application rcceived in this bchalf at any lime, within a pcriod of '[six months] from the date of the order, call for !he records of any proceedings in which the Administrator or Conmissioner has passed
an order for the purpose of sarisfying himself as to the lcgality or propriety of such order and may pass s~lch ordcrs in relation thercto as he thinks fit :
Providcd that thc Financial Commjssioner shali not pass a n ordcr
under this sub-secrion prejudicial to any person wirhour giving him a reasonable opportunity of being heard.
16. ( I ) The Administrator may, aiicr g i v i n ~ four days' notice tn Power the occupier, or i T the1-e be no occupier, to the owner of I he building or on buildings UI [and authorise any person- , Isnd. i
(a) to enlcr on and ro silrvcy and to l nkc levels or
, ,
rneasurcmenrs of any building or land;
.- - (b) to cnter inlo any building or on any land to ascertain ulhcther any building i s being or has been erected w i lhou~ sanclion or in conrravcn~ion of any sanction or thc rules madc uhdcr [his Acl and to take such
measurements 'as may bc necessary for this pu~posc. * Now sre the Linliraiiorl Acr. 1963.
12
Parlial exclusion of
jurisdiction of
Municipal
Cornmiltecs,
Panchayars and
Town
Improvenlent
Trusls in new maud i
townships. .
NEW MANDl TC)WNSIIIPS I1960 : Pb. Act 2 ([>EVELOPMEKT A N D KEGULATION)
(2) The cntry contcrnplared in clauscs (0) and (b) of sub- section ( I ) shall bc between sunrise and sunsel.
17. (1.) If any new mandi township or a part thereof lies within
the limits of a municipality, norified area, Gram Panchayal area or local
area, under the Punjab Town improvement Act, 1922, the State Government may, by notification in thc official Gazette, d~rcct hat any
or all the powcrs under the Punjab Municipal Act, 1911, the Punjab
Gram Panchayal Acl, 1952, or the Punjab Town Improvement Acl, 1922, as are relevanr to the purposes of this Act, shall, subject to such condilio~~s and restrictions as may be specified i n the notification, cease to operate
in such new mandi township or a part thcreof, and thc Municipal Cornrnittce, rhe Presidcnt or any officer of the Commiitee, the Gram
Panchayat or the Town Improvement Trust, as the case may be shall thereafter cease to have jurisdiction over that new mandi township or a
part Ihereof, as thc case may be in respcct of such powers. (2 ) The provisions of [he Punjab Municipal Act, 1911, the Punjab Gram Panchayar Act, 1952,and the Punjab Town Impl-overncnt
Act, 1452, in so far as they are inconsisrcnr with lhe pr~visions of this
Act shalI not apply to a new mandi cownship or a pan thereof.
Proccdurc ror 18. No Coun shall take cognizancc of any offence under section
Proscc~lion. 14 excepr on he complaint of, or upon inforrna~ion received by Administrator or any other person authorised by him in this behalf.
Dsr of ' [13. No court shall have jurisdrction LO cnlertain any suit in respect
jurisdicrion- of any proceedings for the recovcry of any arrear or penalty under sectidn 11 or section I3 or in respcct of rhe resumption of any siLe or building,
i nr both, under secrionl3 or [he forfeiture of any money under sec~ion 13 or in respect of any order made by the State Governrnc~lt or any othcr authority in the exercise of any power conferred by or under this Act.] !
Prolection of 20. No suit, proseculion or other legal procceding shall lie against
action lakcll in the Adrninistraror or any other officcr or authority for any th ing done or
good faith.
intcnded to bc donc in good faith 'in pursuance of chis Act or rules or
orders made thereunder. I . Substilu~cd by Tlaryana Act I0 of 1973.
13
1960 : Pb. Act 21 N~\V MANDI TO~VNSHIPS
(DEVELUPMEN I . AND REGULATION)
363
' .
21. ( I ) The Slate Government may, by order, direcl that any Dcleca,i,n,
* power exercisable by i r or by rhc Administrator undcr chis Act shall also
be excrcisable by such ofPiccr not below thc rank of a Naib-Tahsildar and subject to such condilions, i f any. 3s may be specified in the order.
0 .
(2) The Administrator may delegate all or any of his powers under this Act to any officer no! bcloiv thc rank o f a Nirlb-Tchsildar of
[he State Govcmmenl or any other auchori ty subject to such condilions
as may be specified by the Adminjstrator.
22. If the State Government i s of opinion rhar i t is not in public po~ver fa intcrcst to develop a new mandi township i~ may, by notilication, declare exclude
thai the prnvisions of this Act shall cease to apply to such new rnandi or
township from such date as [nay be speciiied in such notification. Act to ccrtam new mandi
'123. ( I ) If chc State Government'is of [he opinion thal any new Power to mandi-township or a part rheicoE has been FulIy or partially developed in Or partiaily accordance with ihc provisions of this ACL and the rulcs made ihereunder.
ilciv
I
- I i t may b): notification in the Orticia1 Gazette,-include such new rnaiidi mndi township or a part thereof wi~h in thc local limits of any local authority townships
from such date and on such conditions as may bc specified in ~11e witbinlimitsol'
notification, and thereupon thc provisions of this Act and the rules made local thercunder shall ccase to apply to such new mandi township or part auhorities.
thercof, and [he provisions of law for the time being in force relaling 10 such Ivcal authority shall apply in relation there10 :
/
Provided that the Stare Goveinmcnt may direct that [he works
rclnling to w?.ater-suppl;? and seweraze disposal shall be maintained by i t and the expenses incurrcd for the mainlenu~ice of such works shall be I paid rr~jlhin such limc as the Siaie Govcmmcnt may Lix, by the local
aulhonty.
'[(Z/l) No~withstanding any~hing contained i n sub-seclion ( I ) ,
where any area in a new m;indi township has been fully or par~ially C developed, the State Government may, by notification, transfer, from such dale and on such conditions, as may bc sprcified i n [he notification, roads, parks and open spaces therein, to rhc local auihority within whose jurisdiction thc area so developed is situate, and on such rmnsfer the same'shaT1 bc maintained by thc Jocal authurily.]
1. Subs~~tuted for seciion 2; by Haryana Act 32 of 1971. sccrion 2 .
2. 111scncd by Havana .4c[ 10 of 1978.
14
NEW MANDI TOWNSHIPS 11960 : Pb. Act 2
(DEVELOPMENT AND REGLTLATIOY)
(2) While issuing a notification under '[sub-section (I) or section ( I A ) ] , the State Governn~ent may direct thc local authority rhar
[he use of sires mentioned in the layout plan approved under thc, provisions of th is Act and Ihe rules madc thcreundcr shall no1 be altered by the local authoriry wilhouk prior concurrence of thc Stare Govemmen~.]
Ccnain sales to 24. (1) Every sale of land made to any person in a new rnandi hc dc.cmrd 10 he l o w r i ~ h i p i l l pul-suatlce o l the Punjab Government, Agriculrure s31C' under Depmmenr, noti fichtion No. 359-D(M)-57/8S4, daled thc 5th March,
..\c t . - 1957, shall be dccmed to havc been madc to such person undcr the provisions of this Act, and as from rile conlmenccmenr of this Act in
such new rnandj township. thc provisions of the Colonisation of Gnvernmenr Lands (Punjab) Act, 1912, shall ceasc to apply to such sale
of land and all the provisions of this Act and thc rules or orders made thercundcr shall apply accordingly in respect tl~crcof :
Provided that such rules o r orders shall not bc inconsistent with the terms and condj~ions on which'such sale has alrcady been made.
Poiver to make 25. The State Cover-nmcnt may, by notification in the oilcia1
iules. Gu.ctte, 111ake ~u lc s prescribing dl matters which by this Act are requircd or pernitted to he prescribed, or which are ncccssary or convenient to be
prescribed for carrying out or giving effect to this Act and in pal-ticular prescribing-
\
(o) thc~enns andconditionson which any landorbuilding may be transiemcd by the State Government ender this
Acl :
<[(CICI) terms and conditions for providing the amenities ;] fl)) the manner in which cnnsideration moncy for transfer
may be paid ;
(c) [he rate of inrcrcst payable and thc pl-ocedurc for of instalmenls, inLerest, fces, rerits or other dues pslyablc undcr this ACL ;,
2 . Sub-scction (2) of section 24 on~irrcd by the Haryana Adap~ation of Laws
Ordcr. 1963.
5. I I I S P ~ I C ' ~ try I l ~ ryar la . k t 45 of 1974.
15
1960 : Ph. Act 21 NE\V MANDI TCI\PNSL-[IPS 3 65
(DEVEI.OPMEKT nm REC~UL~ITIOW) (ri) thc Lcrrns and condi~ion:: under \vhicl~ [he transfer of any light in any siic or building may be pe~n~ir tcd :
(c) he levy of iees under sccf ion 10 ; 0 (he t c m s and conditions for the breach of which any s i ~ e or building may bc resumed ;
(4) the form of notice and the manner in which notices may bc scwed ;
( h ) the form and manner in which appeals and npplicalions
under this Act may bc filed and the Court-fccs lej~iabic on such appeals and applications ;
( i ) any other matter which has to be or may be prescribed. '[Notwithstanding any judgment, decree or order of any coun, anything done or any action takcn (including any notice issucd, any order madc for resumption of any sitc or building, or both, as ~hecase may be, or any such I-esumption effccccd, or any order made for Ihe foreieiturz of
any money or any money forfeited, or any 01-dcr madc for [he recovery
or any arrears or any arrears recovered, or any penalty imposcd or recovered)-or purported ro have becn donc or laken undcr thc principal
Act shall, in so far as it is consislent wilh the provisions of thc principal Act as amendcd'by this Act, he deerncd LO be as valid and eirectivc aas if such thing or action was done or taken under the principal Act as amended
by this Act, and accordingly no suit or other legal proceedings shall he main~aincd ur continued in any courr,--
(i) for the rccovery of any site of building, or both, as the case may be, wliich has or have becn resumed : or
(ii) for t h e cancetlation of any order made for rhc resumption of any site or building, or both, as thc case m a ~ i be: or
(iii) for [he recovery of any money forfeited ; or ( iv) for the cancclla~iun of any o~dcr madc for the I'orfciture uf any money : o I -
16
NEW ,M..\NDI TUiVKSHIPS 11960 : Pb. Act 2 (DE\:ELOPMENT A NO REGIJLATION) (I!) for [be refund of any ;uTeilrs recovered : 01-
(vi) Iclr the concelliition of any nrder made Tor the recovery of any arre:lrs : or
(vii) for the refund of any penalty recovered ; or
(viiij for the cancellations of any order imposing any
penalty.]
17