Chandigarh act 027 of 1952 : The Capital of Punjab (Development and Regulation) Act, 1952

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Land Acquisition Department

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THE CAPITAL OF PUNJAB (DEVELOPMENT

LATION) AcT, 1952 aND Reau- 77

1THE CAPITAL OF PUNJAB (DEVE

AND REGULATION) A(C'[}':,'\'112915(2).PMENT Punjab Act No. XXVII of 1952,

[Received the assent of the Governor of Punj {he 17th December, 1952 and firslpublishedoin 1'&2'%,-33 Government Gazette ( Extraordinary),

of the 19th Decem-

per, 1952.]

: 2| 3 4

| .

Year No. Short title Whether affected by later

Legislation

1952 (Development and VII of 1957%

Regulation) Act,

1 1952 Amended by the Punjab Re-

organisation ( Chandigarh)

(Adaptation of Laws on

State and Concurrent Subjects)

| .

) XXVII | The Capital of Punjab ' Amended by Punjab Act XXX~

' ) | Order, 1968. e

ACT

10 re-enact and modify the law in rela tion to the develop-

ment and regulation of the new Capi tal of Punjab

It is hereby enacted as follows —

1. (1) This Act may be call ed the Capit

(Development and Regulation) Act,

1952.

3[(2) It extends to the City of Chandigarh which shall comprise t as of the site of the capital of Punja b as

prise the areas o

before the 1st

notified by the Government o f Punjab |

November, 1966 and to such areas as may b

e notified by

the Central Government from fime to time.]

v i Short title, exteat al of Punjab ot ot e ment.

(3) It shall.come int o force at once. -

zette (Extra-

see Punjab Gover nment Ga:^—

_—

1For Stat Objects and Reasons, S¢

y )

ar41nary)°195{":?,2;';'-9 97'3%, for pmccedlnﬁs in A ssembly, se¢ Punjab Legis

lative Assembly Debates, 1952. Gazelte *For St i nd Reasons, _see Punjab Govertttiesd ji (Ex!raa!dlna?;'e)x?fg;zr;(!)nlgeecl!g;l-%. For proceedings in Assembly, sce Punjab Legislative Assembly Debates, 1952.

*Substituted by the Punjab Reor

ganisation (Chan digarh) (Ad

aptation of Laws on

fate and Concurrent Subjects) Orde

r, 1968. . Ll

Sec"l""""

THE CAPITAL OF PUNJAB REGULATION) Ag?Y%'fPMBNT AND

TABLE OF CONTENTS,

Short title, extent and commencement. Definitions.

};?ili'eil;n'g igeéilf;raai d(iigt;;'le:nmem in m?ect of transfer of land and Power to issue direction in respect of erection of building. Bar to erection of buildings in contravention of building rules. Power to require proper maintenance of site or building. Levy of fee or tax for amenities.

.A. Power to apply certain provisions of Punjab Act III of 1911 to Chandigarh.

Imposition of penalty and mode of recovery of arrears. Forfeiture for breach of conditions of transfer.

Appeal and revision.

Preservation and planting of trees.

Control of advertisements.

Penalty for contravention of directions, etc.

Penalty for contravention of Trees Preserva

tion Order and

Advertisements Control Order.

Penalty for breach of rules.

Registration and licensing of architects,

engineers and plum-

bers, etc.

Powers of entry on buildings or land.

. Procedure for prosecution.

. Bar of jurisdiction of courts. Protection of action taken in g ood faith.

. Delegation. Power to make rules.

. R 1.

i FIRST SCHEDULE THE SECOND §

1HE CAPITAL OF PUNJAB (DgveL , LATION) ACT?;ngB;r M 4 \THE CAPITAL OF PUNJAB AND REGULATION) A(g]l;'vg g(z)PMENT

Punjab Act No. XXVII of 1952. Received the assent of the Gover j e 17th December, 1952 and first publilslggdoifnptllll??}:mgg Gazette ( Extraordinary), of the 19th Decejm- Govenunenr ber, 1952

l — —

: 2 3 | 4

Year No. Short title | Whe

ther affected by later -

! Legislation

—— | XXVII | The Capital of Punjab 'A

992 al of Punja mend j -

(Development and ' VIII:er;iS ilz'Pumh -

Regulation) Act,

1952 Amende

d by the Punjab Re-

organisation ( Chandigarh) (Adaptation of Laws

State and Concurrent Subjec ts)

I Order, 1968.

ACT

10 re-enact and modify the law in relation to the develop-

ment and regulation of the new Capital of Punjab It is hereby enacted as

1. (1) This Act may b

(Development and Re gulation) Act, 1952. () It extends to the City of Chandig arh which shall comprise the areas of the site of the cz_lpltal of Pun jab as

notified by the Go vernment of "Punja b before the Ist November, 1966 and to such area s as may be not ified by

the Central Governm ent from time

to time.]

(3) It shall.c ome into force at once-

1 Gazette (Extra- Punja

j ea

sons, 5¢¢ Pun jab Governm

Bt et

Objemf:?(:)xl' })ccedlngs in Assembly,

S¢¢

Legis

ordinary) 1957, page 1997-98, lative Assembly Debates, 1952 ji L

Gazetie

see Punjab

Governmell

in Assembly, sc¢ Punjab 'For Statement of Objects and Reas ons,

(Extraordinary), 19 52, page 169798 For s roceedings n Legislative Assembly Deba tes, 1952.

ation (Chundi

gﬁrh) (Adap

*Substituted by the Punjab Reorgants tate and Concuxren}; Subjects) Order, 1968. tion of Laws 01

Short title, extedt

and commencd-

ment.

78 THE CAPITAL OF PUNJAB [ 1952 Ph, 4, (DEVELOPMENT AND REGULATION) Acr, 1952" Xx vy Deftuitions. 2. In this Act, unless the context otherwise require,

a) ''Advertisement'"' means any word, lette (@ sign, playcard, board, notice, device g'rn;gdel) sentation in any manner whatsoever, Who]]pre'

in part, intended for the Purpose Y or

advertisement or announcement or direc'io()

and includes any structure used or adaptend

for the display of advertisements ;

(6) "amenity' includes roads, water-supply, s lighting, drainage, sewerage, publilc): bsw:xildiflet horticulture, landscaping and any other publ, utility service provided at Chandigarh ;

(c) "building" means any construction or part of a construction which is transferred by the 1[Central Government] under section 3 and which is intended to be wused for residential, commercial, industrial or other purposes, whether in actual use or not, and includes any out house, stable, cattle-shed and garage and also includes any building erected on any land transferred by the '[Central Governmeni] under section 3 ;

*[(d) "Chandigarh" means the areas to which this | Act extends; ]

(¢e) "Chief Administrator" means an ° office | appointed as such by the 2[Central Govern- ment], by notification in the official Gazette, to perform the functions of the Chief Ad- ministrator under this Act :

(f) "erect a building" has the same meaning _a;

"'erect or re-erect any building" in the Punja %Illli])icipal Act, 1911 (Punjab Aet 11 of

(8) "Estate Officer" means a person appointed af such by the ¥[Central Government], by not'f"ﬁe tion in the Official Gazette, to perform '.S functions of the Estate Officer under thi Act ; .

*Substituted for the words - fsation : t ''State Government™ by the Punjab Reorganisa! (Chandigarh) (Adaptation of Laws on State and Coacurr};nt E'Sul;jjrc?c:ﬁ) Order,196°: F T o [P T

TE CAPITAL OF

B DIELOPMENT AN

D R [1952 : PMENT AND REGULAT[E);))b-Alél(El lé(sxwl 79

, 1952

() ""occupier"

m neans a

other Lody of indi pers on (includi ed or not); Ot ;vlllllgwld"al,s V\ghet]hue(imig a f irm or

transferred

under otclfilslpl gs a site OI.H CgLI;ﬁ;iﬂt-

successors an

d assigns -c'

and include

s 1?i§

® «prescr

ibed" mea;

under this Act ; ns prescrib

ed by rules m

ade

0) "site'> means any land i . which is

the [Central Government] unde rtrsa;l(]:iifg:1m3d 4

03] «¢ransferee'" means a p erson including 2 fir or other body of

indivicguals %vheth ;l;

}nco'rporated or not) to whom 2 site or build- ing 18 trgmsferred

in any manner whats oever.

under this Act and

includes his succ

essor§

and assigns ;

) "\:vorkshop"'

means any

building or place

which or withi

n the compoun

d of which any

or utilised in

manual labour

IS employ

process for the

art thereof

;

of any article

of p

g or

(i) the making (if) the alte ring, repair ing orname ntin

f an arti

cle 5 Of

finishing of &

T sale of any article.

()] the ad apting fo

ell, loase POM of Centr s 1

ment in

f a

( )

| he CO nSldﬂl 'athn'

111011

3)'

sub SC Ct'l()

1 1

ghall be pa (o] € Ccntla l ( ) d iﬂ

uCh

inStalIl lCllt

in such mann er

ibed

rate of inter est 85

pe prese

rives - = —

—_—

» by the pup jab corga n

isubsituted

107 S '"

""'sti'ﬁ' ;:gg'm"gx cuﬁem

'Subjects) Order, 196

(Chand garh) (Adaptation ©

v e | L oF PUNIAB (DE- (1952 : Pb. Act Xxv

50 THES!Q'I:;;:{ENT AND REGULATION) AcT, 1952 i ( ¢ unpaid portion of the consideratjop mong) tog;ther \gith interest or any other amount if ap due to the ![Central Government] on account of the transfer of any site or building under sub-section (1) shall be a first charge on that site or building, as the case

may be, and notwithstanding anything contained in any other law for the time being in force, no transferee shaj] except with the previous permission 1n writing of the Estate Officer, be entitled to sell, mortgage or otherwise transfer (except by way of lease from month to month) any right, title or interest in the site or building trans- ferred to him under sub-section (1) until the amount which is a first charge under this sub-section has been paid in full to the ![Central Government].

Power to issue 4. (1) For the purpose of proper planning or de- of e"mmﬁ'"'f}velopmexgt) of Chandigarh, the {[Central Government] building. or the Chief Administrator may issue such directions, as may be considered necessary, in respect of any site or building either generally for the whole of Chandigarh or for any particular locality thereof, regarding any one or more of the following matters, namely :(—

(a) architectural features of the elevation or front- agz of any building;

(b) erection of detached or semi-detached buildings orbothand the area of theland appurtenant to such building ;

(d) prohibition regarding erection of shops, work- shops, ware-houses, factories or buildings of 8 special architectural character or buildings designed for particular purposes in any locality ;

() maintenance of height and position of walls, fences, hedges or any other structural or architectural construction ;

(f) restrictions regarding the use of site for purposes other than erection of buildings. — — dan s

*Substituted for the words *State Government"' by the Punjab Reorganisatiod (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968.

1952 . Py, A t XXV

Ta: B

(DBVBLOPMENI' AND REGUL ;T?O':) ' "/\\'agvlgg;uu 8

— — — -"

&' @ Every transferce shall co i irecti

issued under sub-section (1) am;11 gl'n)a'zl'lv:? t:: ( é'dri(;?ml;s

as POSSlble, erect any

building or take such o

lhI::r qtéous s

ay be necessary, to comply w

ith such dircctiohsps -

to erection

5. (1) Noperson shall erect or ildi occupy any buil^ing Bar idigs i

contravention o

at Cﬁandigarh

in c_omravention

of any buildi

;

ade under sub-se

ction (2).

ny building rules

gorzmle,

V)] The Y[Centra

l Government]

the O

to regulate the er

ection

fficial Gazette,

make rules

of buildings and

such tules m

ay provide for

all or any ©!

the following

matters, namely

:—

als to be used f

or external and p

arti-

(a) the mater i

tion walls, r oofs, floors, staircases, lif ts,

fire-places, d other parts

i location orf may by notificatio n

the

any building

¥ ich is

residential or cooking purposes ¢) the vent ilation in, or the Sp° © any bui lding or, P ?T thereof to S

circulation of air of f or the

(d) the pu mber

building ;

()

= =2 =} Q. o -

Q Q = @ = = [=}

= 2 o B =n

@ ® =] (=

% =

[=)

(=]

e e

furtherd

e erection; comp

letion

(=}

Q ©

n w kS

—

@«

isubstitut ed for the ¥

(Chandigarh ) daptatio n of Lav

Power to n'quivr proper mainte- nance of site or building

Levy of fee or tax for amenities Ppower to

apply certain pro. visions of Punjab Act II1 of 1917 1o Chandigarh.

2 THE CAPITAL OF PUNJAB [1952 : Ph. Aet xxyji ® (11'){5\'1101*.\1&\'7 AND REGULATION ) Acr, 1952

6. 1 itappears to the Chief Agin}inist_rator_ll1;}g_ the condition or use of any sitc or building is prejudicially affecting the proper planning or the amenities in, any part of Chandigarh or the interests of the general public ther,

he may serve on the transferee or occupier of that site or

building a notice, requiring him to take such steps and

within such period as may be specified in the notice and

thereafter to maintain it in sucha manner as may be speci. fied therein,

7. (1) Forthe purpose of providing, maintaining or continuing any amenity at Chandigarh, the "[Central Government] 'may levy such fees or taxes as it may consider necessary (which shall be in addition to any fuc or tax for the time being leviable under any other law ip respect of any site or building on the transferee or occupier thereof, lers from the payment

-section (1),

~ YT-A. (1) The Chief Administrator may, from time to ime by nolification in the Offici ]()'revml_ls approval of the '[Central Government(l apply to rh or Part thereof with such g aptations, and modifications not affectin; substance as may be lification, g ﬁr any of the rovismn(s1 & Act, 1911 specified in the Secon Schedule appended (o this Act inmfwas such provisions are not inconsistent with, the provui:ions of this Act.

(2) On the issue o a notificati i ! -~. 0t 4 notification under sub-section (1), the Chief Administrat oy shall, in relation to Chandi- © case may be, exercise he ;?gi'zsfo"nzefs algd Petform the same functions undey the applied by sy Dotification asa Municipal ¢ Government™ by the Punjab Reorganisa- AWS on State and Concurrept Subjects) Order,

37 0f 1957 sectinn »

d for the words ISt ) (Adaptation of =

Inserted by Punjab Act No,

tion (Chand; s 8( andigarh

. |

_ 1952 Pb. Act XXVII]' THE 1 (DEVELOPMENT AND R'EG(I:JQK{rr[Ic\)Ix:J) (;)\F(;I)UNM"" o T, 1952 ' Commitfee or i

ts Presider

it or Ex

- -~ Xecufr 0"'?' ﬁm.f-"gllmy.o' the Committee wg%lc(l)m ccr i

erform 1 h

andigarh were

a MUnicipql

itycxgrcﬁc and

' of the firs:

class.

(3) While exerci sing I

functions under_ the pro%isicl:%spgi yv the %;g?f{)oﬁmi q + the

Act, 1911, applied to Ch andigarh by a1 icip el

undfr sg' ec

tion (1),

the Chief A

d u?i o iahton

shall be subject to the con trol of the [Central Govens lrflixfta

and not to that of the Commissioner or Deputy Commis-

sioner.

(4) The I[Central Governm ent] may from time to time, by nofification in the Official Ga i . Of zelte, t 4

1 of the Punjab Municipa l Act, 19lcl, (f)'?(lalm dt;}e' provisio

Second Schedule or ad

d thereto, any cther pr ovision of

* *

* ] that Act.

8. (1) Where any t ransferee makes any default in mposition of peo -

the payment of

any consideration

money Of instal

ment 2% and mode

\hereof or any

other amoun

¢ of the transfer

recovery of arrears:

ite or building under section

transferee of occu

pier

of any 1

in respect of an

y lease, OT whe

re any

makes any default

in the payment o

f an fee or tax le

vie

hatin addition

under section 7,

to the amount

of arrears, a SU

shall be recover

ed from the tr

ans

case may be, by

amount payabl s under

! (

in default { ogether with any sum,

if any, direc ed to be

ub-section (1) may bere

i ca

se may

paid by way o' pe

ransferee of 0C pier

T nd

revenue. breach covered from the f iture for

be, in the same manner as an

" r

9. In t he case Of non-p aymem' Of COnS"

i mnFu?z:

:nditions of moncy Or 4By i nstalment ther eo onaccount of the ttréms ,en"

cansfer.

of any site o r bujlding U

der section

3 or a%yuirl%?ng l'l)cr \m

e of

ihe lcas?

o yt]:: ;

cond! iiogs

of su tran

f other

)

> fase of £8 breach oh e de

under this Acts the I_ Zstate

puilding SO or b

rules ma

]

e i he hinks fit: resume the site of

forfeit the whole or a ny par

Officer may, il he {ransferred and m of the money, if anys P » by the Pu

njab Reox

gnnisution

sialg Gove

rm%corﬁcur

rycm 'Su

bjects) O

rder, 1968

1Substituted fo r the words "

(Chandigarh) (/\daplation of Lawson

State {

1Omitted by ibid

PITAL OF PUNJAB [1952 : pp, Act £ Tn(llg.')g\cuomem AND REGULATION) Acr, 195 va"

vie 10. (Z) Any person aggricved by an OT@er,ofthc Estoy. Arpeal and re Officer mgge unﬁer sections 8 and 9 may, within thirty :]'al. of the date of the communication to him of such ys

or, prefer an appeal to the Chief Administrator ip such for, and manner as may be prescribed :

Provided that the Chief Admmistra.tor may entertyin

the appeal after the expiry of the said period of thipy days, 1f he is satisfied that the appellant "was Preventeq by sufficient cuse from filing the appeal in time.

(2) The Chief Administrator may, after hearing appeal, confirm, vary or reverse the order appealed frop, and may pass such orders as he deems fit,

(3) The Chief Administrator may, either of his gwn motion or on an application received in this behalf, at any time call for the record of any proceeding in which the Estate Officer has passed an order for the purpose of satisfy- ing hims:If as to the legality or propriety of such order and may pass such order in relation thereto as the thinks fit :

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

(9) Where a person is aggrieved by any order of the Chief Administrator, deciding a case under sub-sectjon @)or sub-section (3), he may, within thirty days of the date of communication to him of such decision, make an appli- cation in writing to the [ Central Government] for revision against the said decision #nd the '[Central Government] 'aay confirm, alter or rescind the decision of the Chiel Administrator., Preservation and int g o rees. . 1. If it appears fo th: Chief Administrator that it is necessary or expedient to preserve or plant trees generally or of specified kind in Chandigarh, he may, by

(a) the cutting down, topping, lopping or wilfu destrgct_lon of trees, except with the previous permission of the Chief Adminystrator ; an ion (o Rbstituted for the words "grare Government" by the Punjab Reorganisa- 1!1906?; (Chandigarh) (Adaptation of Laws on State and Con}c':u;rccntlsilxbjccts) Order,

1952 Pb. Act XXVII] T s HE

(DEVELOPMENT A

ND REGUI%X;&SL XSTP?N, -

, 1952

») the plant i

® of It,rg:s tmi%and replant ing of any tr

may bes _any site or locati ces or kinds y be specified in the order on therein as

12. If it appears to t he Chi : ief Admini qecessary, Of expedient to res'trictAoorn:-lemS;mor that it is Corie! i 9f ad\'emée_mlemé

in Chandigarh,

he m ag; 1;6 the

display ments.

inthe © cia azett

e, make an or('iery 1;lot1ﬁ.catxon

{eferred to as the A dve:mscments Cont

rol Ord(e e

ing of regulating

the display of adve rtisements ) rfismc '_

ing o mayprovlde—-

and such

(a) for regulating th e dimensions, appeara nce and

osition of advertise ments which m: 1 ay be dis-

played, the sites on 'which such adve rg'isements

may be displayed, and the manner

in whic!

they are to be

affixed to land or building ;

(b) for rqq}li ring the pe rmission of the Chief

Administrator to be obtained for the dis play

of advertiseme nts ;

(¢) for enab ling the Ch ic

th remova

l of any

advertiseme nt ¥

eing displaye d 12 cont

raventiod o f the order >, discontin uance of the use for th e dilplay

of advertis e o

f any Sit

which 18 b eing

used for

that purp

ose

niravention o

the order ;

(d) Tor f ees to be gharge

for adVerll semenls

laces specif ied 11 the order: :sions penalt for_coptrd®

13. Any p er who

contravent ! e g;OV('jl"v'i :V'l'é'lf.a{',[ ", s of sub-sectio

n (2) of sec

lion40w6h

10';1 4 tond

t0 five

tion, be p

unishable

wi ?neth

er i

ich may ext

en_(i

hundred r

upees and

to @ d';' du

rin, which

the ffence

to twenty ru

pees for eac

h ftg,r e fi

rst day-

proved to h

ave contl

atravenss a ny PIOY'S'O""

?S ;Ogc';";:"',' ;'mﬁ,{,

erson co

dverllsemc

, 5

s dver:

u ) a ny P " order O f of thl;:e Iﬁln ishable W'ﬁh ("i ;%%:': Gour® I( 0 the Trees

Prese

Control Ord

er, he $ all , 0% "t

fine, which

may exten

Penalty of rules.

86 THE CAPITAL OF PUNJAB [1952: Pbh. Ae (DEVELOPMENT AND REGULATION) Acfrt, )fgxsgll whoever after having been: convicted of the cont tion of any provision of either of the said orde Tavep. tinues to contravene the said provisions, shall, op ars con. quent conviction, be punishable with fine, as "Toresais&]bse' to a further fine which may extend to twenty Tupees ang each day of continued contravention, after the previofg; date of conviction.

(2) The Court while passing an order under sy section (/) may direct thatany tree or part thereof 0- any material used for advertisement, which is the subjec; of the contravention, shall be forfeited to the [Centry Government], or impose a fine of an amount whicy shall be equivalent to the value thereof. forbreach 15. Except as otherwise provided for in this Act, any contravention of any of the rules framed thereunder shall be punishable with fine which may extend to five hundred rupees, and in the case of a continuing contra- vention with an additional fine, which may extend to twenty rupees, for cach day during which such contra- vention continues after the first conviction ; and the Court while passing any sentence on conviction of ~any person for the contravention of any rule may direct that any property or part thereof in respect of which the rule has been contravened, shall be forfeited to the [Central Government].

Illustrations.—Where an unauthorised structure has been constructed or any abnoxious material or substance

is collected or heaped on a site in an unauthor is b

manner, or where an advertisement boar has been s eé"fi

in contravention of the Advertisemen(s Control 0!' gh

such structure, material, substance or board shall be hf:me to forfeiture, and not the site or building on which the i

may be located or fixed :

Provided that if a building is begun, €r¢ erected in contravention of any of the building e (e the Chief Administrator shall be competent {0 -requlno(ice

building to be altered or demolished by a written of its delivered to the owner thereof within SIX monllﬁ1c cast having begun or having been completed, as o erected or I¢°

rules,

) Janisalio?

by the Pu{uﬂg)l{é':ég,' 1968. ~ . YT o W

1Substituted for the words **State Government'. by the & reve

952 : Pb. Act XX : Ph. V

(DEVELOPMENT AN:I)

"RlElljli CAPITAL o1 P uNs IGULATION) AcT AB

1ay be. Such notice st ich sucha tice shall also speci

:'r}:& if the #o?ilé gl'iastlon or dcmo lili(?ﬁ;gy the p eriod during

trator shall

be COI:T?;cctgm leCd with,

'l;etochl;grcof leted,

at the expense of the own

er~0 demoli

sh the said

bullrll(llr::fg Provided further that th '

)

e Chief -

'ﬁ?ﬁﬁ{f&"qu'rmg e

e "oy

s ing, accept by way of compe molition of any

as he may deem'reas onable pe

nsation, such sum

16. No architect i

.. No. or en gineer who d ;

he qualifications] as f detailed] in *[the B

"%tc]fl'gjfﬁzsl"'fm""ﬁ'?& wd hitects, eogi (o plumbeenr:;"w

appended to this'Act,f

shall be consid . Acl, 3 e

red as dul i

on other,than a duly qu

alified arc):'hcilwuzltlﬁ%(i 3 and no pers

any plumber shall be

competent to certify

completion of a buil

ding, or eng}3c¢ in an

istered and

rk, as the case ma

y bo, unless

) re Chief Administrat or !

any plan or

plumbing WO

wers of entry on

licensed by th e

17. The Chief Administrato r ma thori

authoris Pow et

erson after gi ving twenty-f our };oursy n oticcrl fo atrllllé o uldngs or 26

to the owner

o©

occupier, or i

f there be no

occupier,

time between s

unrise an

any building

0T land, ata

sunset—

(a) to enter on and to sur vc{x;, and to t ake levels

ts of any uv ildings or Ja nd ;

or measu

rcmcn

(b) to enter into any b uildings O the purpos ¢ of

ining k

s under

struction; of of sc ertaining t he course of

sewers of drains 5 () to ent er into 2 y ilding or on any land for the purpos e

scertaining whether

building is being r has D! erected or ¢

erec

ithout s anc

dm tom/{z é:fcgr

tion of

any sa

n gl

%"t g

the rules d thereu nd nd

ther such acts &

easurcim oo N b

ose

may

n — 0.37an957, _//

sthe Schedule - —

1Substitute d for the

word:

section 3.

Procedure for prosecution. Bar of jurisdiction of courts.

88 THE CAPITAL OF PUNJAB [1952.: Ph. Act XXy (DEVELOPMENT AND REGULATION] Acr, 195, u

18. No court shall take cognizance of any ofy punishable under this Act,or any. rule made th°f°ureigce except on the complaint, of, or upon information gjye"

by the Chief Administrator or, any. other person aﬁl'lﬂ rised by him in this behalf.

19. No order made by the *[Central Governmey or any authority in exercise of any power conferred byor under this Act shall be called in qugstioq,'lin any court

20. (1) No siit, prosecution or other legal pro. Protection of action ceeding shall lie against the Chief' Administrator, Estate taken in good faith.

Delegation.

Power to make

rules,

Officer, or any other person acting under, their diregtion' in respect of any thing which is in'good faith. done or intended to be done in pursuance of tbils'Act,or'of'auy rules or orders made thereunder

(2) No suit or other legal proceedings shall lie against the ![Central Government], the Chief, Adminis- trator or the Estate Officer or any' other person in respect,, of any damage caused or likely to be caused hy anything, which is in good faith done or intended ta be dong ,in pursuance of this Act or rules or orders made therer, under.

21. (1) The '[Central Gqvernment] may by order direct that any power exercisable by it under this Act shall be exercisable subject to such conditions, i any, also by such officers subordinate to the '[Central , Govern- ment] as may be specified in the order

(2) The Chief Administrator may delegate all g; any of his powers under this Act to any officer of ti ![Central Government], subject to such conditions, any, as may be specified by the Chief Administrator. 22, (I)![The Central Government] may, by HOL'S; cation in the Official Gazette, make rules for carrying the purposes of this Act. ' b

Substitd for the words"Statg Goverpment" by the Puiah RS

1953 :Pb. Act XXVII] Tue (DEVELOPMENT AND REGELA/:,TIE:) (/)\Fc?m;;glzl i ) In particular, and with judi

eperality of the foregoing power, :chlh rgl:;]umce i for all or any of the following matters namr:l;y _prowde

(a) the terms and conditions on which an, land or building may be transferred by the '[éeulml Government] under this Act;

(b) the manner in which considerati o any transfer may be paid ; t moey, for

(c) the rate of interest payable, and the procedure for payment of instalments, interest, fees, rents or other dues payable under this Act ;

(d) the terms and conditions under which the

transfer of any right in any site or building may be permitted ;

(e) erection of any building or the use of any

site ;

(f) levy of fees or taxes un der section 7 ;

r the breach of nditions fo (g) the terms and co e oumed ;

which any site or bu

ilding may

iti i

ildings to

h) the conditions with regard to the buill {

® be erected

on sites transferr ed under this Act ;

(i) the form of notice and 'the notices may be serveds

in which ap peds

H;ﬁir:;;e{his Ac t may be fil ed am'}

ble on such

appeals an

manner in which

(j) the form and applications un c

the court-fees levia

applications ; s referred

to in sub-s

ection ()

(k) the matter section 5 ; or may be which has to be

(1) any other matter prescribed.

-5 Reorganization «State Government' byeg:csz'!;jgc") order , 1968-

1Suhatituted far the words ¢ ., and Concurr

Repeal. -

90 THE CAPITAL OF PUNJAB [1952 : Pb, Act XXy (DEVELOPMENT AND REGULATION) AcT, 195; n

(3) * * * * * 2

23. The Capital of Punjab (Development Jation) Act. 1933 (President's Act V of 1952, i bt repealed;

Provided that any appointment, notification, ord scheme, rule, form or by-law, made' or issued un'der tir' repealed Act shall, so far as it is not inconsistent with m:

provisions of this Act, continue inforce and shall be

deemed to have been made or issued under the *provi sions of this Act, as if this Act was in force at the time, ation (Chandigarh) (Adapta-

1Sub.section (3) omitted by the Punjab Reor ganisl

968,

tion of Laws on State and Concurrent Subjccts) Order,

1952 : Pb. Act XXVII] Ti

" . (DEVELOPMENT AND] REGSLETI:lOlI}l;\LA(g; 1';'9}22/\ i '

I[FIRST SCHEDULE]

1. Fellow of the Royal Institut j ti i

(England) or Associate of thee(}g g;;%ls?nggfkgéccé?

British 'Architects (En gland) or

tion in any other forei g% cm)mtry.a i efjuiyale nt ropiatre:

2. Member of the Institution of Engi ' i

n Associate Member of the Institution of Egngig?el(-gﬂ?l?c)l ig;:

3. Member of the Institution of Civil E ngine

]

ers England) or Associate Member of the Inst itution ogf Civil Engineers (England) or an equivalent reg istration in any other country.

4. Fellow of the I_ndian Institute of Architects or Associate of the Indian Institut e of Architects. ering of any En gineering Uni- d or Diploma in C.E., Roorkee. - School of Arts, Bombay.

ool of Architec ture, Delhi}

5. B.Sc. in Eng ine

versity in India or abroa

6. Diploma fro m J.J.

7. Diploma f rom Sch

Polytechuic.

8. Diploma, degree Of ce rtificate from any other

institutionlprecogn ise g by

the Indian I

nstitute of Arc hi-

of Engineers

(Indla).

tects or Instit ution

2[THE SEC

OND SCH

EDULE]

(See Section 7-A

)

Provision o f the punja b Municipa l Act, 1911 Sections 93 to 95

106,

%24, 125 to ,171 to 150,

151 10 53,

68, 173

, ) 199,

' 200, 210, 23, 214 to 223

, 224

208, 209, 210,

%, 33'

239 and 240- 15ubstituted for the word

3Appended by 1bid, sectio?

Chandigarh act 027 of 1952 : The Capital of Punjab (Development and Regulation) Act, 1952

SECTIONS