Punjab act 013 of 2016 : The Amritsar Walled City (Recognition of Usage) Act, 2016.

PUNJAB GOVT. GAZ. (EXTRA), APRIL 29, 2016

(VYSK 9, 1938 SAKA)

PART ]

GOVERNMENT or PUNJAB 'DEPARTMENT OF LEGAL AND LE

GISLATIVE AFFAIRS, PUNJAB NOTIFICATION

The 29th April, 2016

No. 16-Leg./2016.-The following Act of the Legislature of P u ^tn ^hja ^eb ^Sr ^te ^ac ^te ^ei v ^oe ^fd the assent of the Governor of Punj ab on the 25th Apr

d i

a l

y ,

o 2

f 0

16, is hereby published for general inform ation:-

THE AMRITSAR WALLED CITY (RECOGNITION OF USAGE)

ACT, 2016.

( Punjab Act No. 13 of 2016)

AN

ACT

10 provide for one-time recognition of usage in respect of building violations made in commercial establishments within the walled city of Amritsar and for regulated development by providing for public safety, convenience and well being.

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

I. (J) This Act may be called the Amritsar Walled City (Recognition Short title, of Usage) Act, 2016 application and

commencement.

(2) It shall be applicable to the walled city.

(3) It shall come into force on and with effect from the date of its publication in the Official Gazette, |

Ms (1) In this Act, unless the context otherwise requires,- Detinitions,

(4) "appointed date" means such date, as may be notified by the State Government;

(6) "building by-laws" means the Municipal Corporation (Erection and Re-erection of Building) Bye-laws, 1997;

() "building violation" means construction of a building made in violation of its sanctioned plan or without getting the plan sanctioned from

1

PUNJAB GOVT. GAZ. (EXTRA

), APRIL 29, 2016

(VYSK 9, 1938 SAKA)

bn

the Competent Authority, whole or part of w hich js f

compoundable as per clause 3.15 of the building bye-laws Made 76;

under the Punjab Municipal Corporatio

n Act, 19

(d) "commercial establishment" means a building, other than an industrial building, used or constructed or adopted to be used wholly or par tially

for shops, private offices, banks, hotels, restaurants, beauty parlors, boutiques, video parlors, cinemas and auditoriums, or any other such building, being used for similar purpose engaged in trade and commerce, but shall not include nursing homes, hospitals, marriage palaces and multiplexes;

(e) "Competent Authority" mean the Commissioner, Municipal Corporation, Amritsar;

p "prescribed" means prescribed by rules made under this Act;

(g) "State Government" means the Government of the State of Punjab in the Department of Local Government;

(h) te . , . . usage" means the existing use of the commercial establishment as per the municipal record on the appointed date; and

() "walled city" means the area of Amritsar city bounded by outer circular road within the boundaries of fascile wall and old gates i.e. Hall Gate, Ram Bagh Gate, Mahan Singh Gate, Sheran Wala Gate, Ghee Mandi Gate, Sultanwind Gate, Chatiwind Gate, Gilwali Gate, Bhagtan Wala Gate, Hakiman Gate, Khazana Gate, Lahori Gate, B.K. Dutt Gate, Lohgarh Gate, Hathi Gate and Sikandri Gate as shown in the Schedule appended to this Act.

(2) _ All other expressions used, but not defined, in this Act shall have their respective meanings as assigned to them in the Punjab Municipal Corporation Act, 1976 and the building bye-laws. Mode of 3. ] cue ' . . .

application. (1) Within a period of thirty days from the date of coming in! fo"r ce of thisi Act, any owner ofa commercial establishment, within the walled cciot,y, may voluntarilily y didi sclose about any building violation and. apply the 2 mpetent Authority for recognition of its usage as on the appointed date. Such ana pplication shall be submitteads per Form 'A' along with photographs of such establishment, duly signed by its owner :

2

PUNIAR Goyy, GAZ (EXTRA peewee (VYSK

(2) 9, 194h Ke re Sal Al Ke Ar ), W a th ^He^Are qui ^pr ^ee ^rd ^iyod INF

gf O

r

h m

in a

et t

y ae ion d W

a M ys P

, o

p rl na yn s y a nd such

iL Ap

yyi p

lication lee AS A MA

U Y

I S b

H e E

4. P

d

r ^oe ^cs u

c r

(1 i) b ed,T he bu | ilding A ^Vp ^v

"

p lo o ali an t t ie od n d sa te W a Nn d d Ui ss nc pl eso sed gy Vv Olu

t n

he t

a

Y ril

X y M A ^su ^h

O

t ^ah ^lo ^l

N

r by ^thes et

One t i ⁱt ⁿy

e ,

as a o

t n

l e

e -

d t

im

b e

y Me

t A

h S

e U

re

C ,

o m On

p e ay

t e iS

n

PECO

losuich n t

W

RMMM

om ^hs ^er

O

e ^Na

s of n ⁱd ^y u ^bp ^aso ⁱn ^s, P ^sA ^uY ^bM ^jE ^ecN ^tL ^tO

e adherence Usage iy by the Stat fe su( ci hO V ce or m ^COMnM positi

M e

e nt

E rl I on nV i Ie eew ,

ea ao yf t mh ae y P be ec ul pi ra er n crsi it bu ea d t

tion of ^Coth ^le ^aAw ^ba ⁱll ^se ^hi

( d2 c

n

) i

e

ty

n

, ^s.

The applicant shall have to if ^mar ^keq ^eu i ^sr ^te ^rd ^uctto ^urab ^lr in ^cg ^han it

p e i

s n c

i o

n n

t f

h o

e rm

bu i

i t

l y

di n w

g i

o tf hn i Pn re et sy c rd ia by es d nf or ro mm s th we i thd ia nt e a Of p ers iu ob dm issi a ^ols ⁿo ^Of s ^du ^eb ^tm ^ai ⁱt ^ls m ⁱa ⁿ nd ^Pa ^ot ^ro

m r

y

' p! C

a l

n e

d a

ra

sh n

a c

l e

l s

from re ^oq ^tu ^hi ^err ed ^d, ^epartments/authorities, if

(3) Incase such owner/applicant does no h to cr om ms p, t l h ye wn i tt hh e t hw e a pt re er s s cu rip bp el dy /sewerage connection e s tos tt ha eb wl hi os lh em ce on mt sha ml el b re c d ii as lc onnected after Living a noti S ^ch ^ea ^ofl l ^thb ⁱe ^rtf ^ydo ^al ^yl ^s,o ^ww ^he ⁱd ^cb ^hy sealing, S. The Competent Authority shall pass the final order anm d fa it nt ale ir u ze th n e der this Act wi

Time limit for th

\ in a period of one year after comin

\ g t ⁱh ^nti ^o s ^force A ^ofc t ^fi, ^nalizing ac |

tion

under the Act,

6. (1) No us;a ge, in case ofa bt liillddii ng vii olation, sshhaalll l be re if cogn i

i t

z ed T j

R est i

rictio ns on involves encroachment on any publici or priivvaatte land, recognition of usage,

(2) Theone-time recognition shall be without prejudice to the eal Action, as may be taken against the concerned officer or offici⁺⁰a⁰l of the^* a ee^{yf a} Corpora: tion, Amritsar, who is found responsibj le for aiiddiing o o r r a a be ttings

"Sage and building violations. f 7. Notwithstandini g anythiing g incoo nsis. tent c'oo < n d n o t a ta n a a i n i i n t ne s e h e d in s t u he l t P i un n j g aeb eOve rriding nicipal C Orpora tion Act, ' 1976 and the rules, regulations and

Ye-laws made thereunder, the provisiis ions of thi

is Act Act s shall have an n overo-vreir -riding Cflecs, :

3

yr 2 9, 2016

GOVT. GAZ. (EXTR

A), APRIL

38 PUNJAB

(VYSK 9. 1938 SAKA)

FORM 'A'

Jsce section 3(1)| tions and usag, Application form for recogn ition of building viola To

The Commissioner,

Municipal Corporation, Amritsar. I/We have constructed a commercial/hotel building or carr ied out alteration/ addition to

efore without obtaining sanc

tion from the

an existing building b

Competent Authority.

I/We have obtained sanction vide permit No. more dated more

for the construction or reconstruction or addition or alteration to an existing building and have carried out the construction in deviation to sanctioned plans. The particulars of the said building are as under:-

(a) Name of owner(s) of the Building

(b) Address of property in question Property No. Block No./Street

Ward No./Locality

(c) Description of Building Use of building Plot area

No. of storeys

(d) Date/Year of construction

1 P U a / n W a i that ao ronsuahi i 80 carri : ed out is in violation of the provisions herounde unicipal

of the

Corporation Act , 1976 and/or the Building Bye-laws framed

2. W/We hereby request that the said buildin g ma a y b ~ ele ~ x 'e ms of the provisions of the Amritsar Walle ed iCicty c(R ecognition of Usage) Act

3. We declare that the build; public spa

u

ce by y

i

j ^ld Ing does ny v oi t er ntue of a n cy Sc rh oe acm h Le On any p ou ,b lic/private land or 0"

I/We declare that at nei ne t ; her any Y qj dispute regarding Ownership or construction thereof is

4

PUNJAB GOVT. GAZ, (EXTRA), APRIL 29, 2016 39

(VYSK 9, 1938 SAKA)

pending with any Court, Authority/Department or with any person nor any adverse orders have been passed by any Court or Authority/Department pertaining to or with reference to the land/plot or building therein,

5. I/We also undertake to abide by and comply with all the conditions, which may be imposed while recognizing the usages in the aforesaid building. I/We solemnly affirm and declare that the above information is true/correct to the best of my/our knowledge/belief.

7, The photographs showing the elevation of the building from all sides are enclosed. Yours faithfully,

e

(Signature/Thumb impression of applicant

with date of submission and address)

5

Z. (EXTRA), APRIL 29, 2016 PUNJAB GOVT. GA40

(VYSK 9, 1938 SAKA)

a

FORM 'B'

[see section 3(2)| Application form for r ecognition of building violations and Usage

To

The Commissioner,

Municipal Corporation,

Amritsar,

Sir,

In continuation of my Application for recognition of building violations and Usage in Form A, submitted vide number dated 1

hereby submit the following details/documents/Plans as required under sub-section (2) of section 3 of The Amritsar Walled City (Recognition of Usage) Act, 2016.

(a) Name of owner(s) of the commercial establishment .

(b) Address of property in question Property No. {Block No./Street

Ward No./Locality

(c) | D escription of th

e commercial! establishment

(a) |Plot area

7

(b) |Number of storeys

(c) _ |Floor wise area Use Total Area Non-compoundable

(i) | area Basement _

(ii) | Grouid Floor G ii) ^—| First Floor —

(iv)| Second F loor 7 ()| Third^TF ^Tl oor 4 (¥i)|^——Four

th floor /

J — ee ee | — —L_| | Total Areg | ——— |

6

(e) | Height _

^fs

(f) |Setbacks oy Front ou po es eee

Side-]

Side) eo o y

Side-I]

^- Rear (g) | Parking 2. Checklist of en closures to be furn ished by the owner:-

(a) Copy of ownership document; '(b) Copy of approved building plan, if any;

(C) Structural Sa fety Certificate given by the Structural Engineer;

(d) Fire Safety Certificate, if applicable;

(e) Four copies each of the Location Plan, Site Plan, Floor plans, Elevations and Sections of the commercial! establishment, Service Plans and specifications as provided in the building byelaws, duly signed and certified in the prescribed format, by the owner and Architect/building designer. pea

Notes Jy the drawings/Plans the non-compoundable vi^I olatio¹ns at x oe^tlinh^ed eⁱⁿ

"ed colour and All the drawings/Plans shall Pe ay Son hn ray a ] ding designer that the cons aan

one nd - eee pi and all the details/measurements are as | ore the appoin

"NStruction existing at site.) Yours faithfully,

gnature/Thumb impr

ession of

Si

submission)

apsiican wit

h date of

7

st 2- 9, 2016

PUNJAB GOVT. GAZ. (EXTR

A). APRIL

(VYSK 9, 1938 SAKA)

8