PUNJAB GOVT. GAZ. (EXTRA),AUGUST 27,2014 113
(BHDR 5, 1936 SAKA)
PART 1
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 27th August, 2014 No.22-Leg./2014.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 20th Day of August, 2014, is hereby published for general information:-
THE PUNJAB APARTMENT AND PROPERTY REGULAT
ION
(AMENDMENT) ACT, 2014
(Punjab Act No. 21 of 2014)
AN
Act further to amend the Punjab Apartme nt and Properly Regulation Act, 1995.
BE it enacted by the Legislature of the State of Punjab in the Sixt y-
fifth Year of the Republic of Indi a, as follows:—
1. (1) This Act may be called the Punjab Apartment and Property Shorttitle, extent and
Regulation (Amendment) A ct, 2014. commencement.
(2) It shall extend to t he whole of the State of Punjab.
(3) It shall come into force on and with effect from the date of
its publication in the Off icial Gazette.
2. In the Punjab Apa rtment and Property Re gulation Act, 1995 Ame ndment in
|
section 2 of
(hereinafter referr ed to as the princi pal Act), in section 2,—
the following clau se shall be inserted , namely:- 1995.
(a) after clause (c), g constructed on any
"(cc) "apartment building
land, containi ng five
buildings with 2 tota
m
existing buildin g converted into five of more apa rtments;
(b) in clause (f), for the sign "3" app earing at he end, t he words,
figure and sign
"and includes or an association f ormed under
section 17-A of this Act"
shall be subs tituted;
y), the followi ng clauses S
(c) for clauses (2 ) (i), (r) and (¥. » means a build in
or more apartm ents or two Or mo re
| of five or more apartments or a ny
hall be
1
PUNJAB T.GAZ. (I} GOVT. AZ, (EXTRA), AUGUST 27,2014
(BHDR 5, 1936 SAKA)
114
substituted, namely:-
(i)
(r)
0 10 . . . 4
actual ) i tual use or not, and ncludes any out-house, stabl cattle shed and garage;
colony" means an area of land not less than one thousand i meters divided or proposed to be divided by way of registered sale or through lease or transfer of physical possession of plots or apartment building for residential commercial or industrial purposes including cyber cityleyber park, construction of flats in the form of group housing or
for construction of integrated commercial complexes but
does not include any area of abadi deh of
a village falling
inside its Lal Lakir or phirny or land divided or proposed to
be divided-
(i) for the purpose of agricu lture:
Provided that area propos ed to be divided is not less than one thousand metres; or
(ii) by a company, in stitution or factory for creation of
housing for its empl oyees provided that there is no
profit-motive nor ownership of th
e houses is
ed to the employe es and their right s to
transferr
o the period of their odation are r
estricted t
accomm
nstitution or factor y;
employment wi
th company, i
ment works"
means roads,
parks,
ply; sewers,
drains,
for commun
ity buildin
gs and for
| of sewage a
nd sullage wa
ter, storm
H
ey 1 ~ Q
N
" e water draina ge rain wate r harvesting, domestic so lid wast
2
«oe
. y ic line upto i ndividual plot s of any
n centre, el ectric |
yap
lony nece
ssary for
its proper by the com petent
"internal deve lop
footpaths, wate r sup
lighting, pro vision
treatment and disposa
tree planting, str eet
collectio
other work
in 2 co
developmen
t, 3% may
authority; and be specified
2
PUNJAB GOV'T ( NZ (EXTRA), ALC LIST 27,201 4 15 a ——————
(BHDR 5, 1030 SAKA)
n " .y
oo
- h RN
(») "promoter" means the person, (a)
(bh)
(c)
(d)
Explanation.-
(i)
(ii)
(d) in clause (2), for the word
who is the tof | 10018 the owner of land, on which a colony iy developed; builder, who constructs or cause
an apartime
8 to be constructed
nt building consisting of apartments, or
converts an existing building or a part thereof into apartments, for the purpose of selling all or some of the apartments to other persons, and includes his
assigns;
colonizer, who develops land into a colony, whether or not he also constructs structures on any of the
plots, for the purpose of selling to other persons, all or some of the plots, whether open or with structures thereon;
property dealer or estate agent, who offered or sells apartments or plots on behalf of the land owner or
builder or colonizer or any other person, by whatever name he may be called;
who claims to be acting as the holder of a power of attorney from the owner of the land on which the
building is constructed or a colony is developed; and who styles himself as a developer, or b
y any other
name.
Any development authority and any
other public
body so notified by the State
Government are deemed
to be promoter in respe
ct of allottees of,~
'd by them building constructed by them on land owne thei ul
their disposal by the State Governm
ent;
or placed at
or
a
plots owned by t
hem or pl
State Governme
nt"; and
aced at their disposa
l by the
» end, shall
and" appearing a
t the e d, e
be omitted; and
3
— (a) (b) (c)
PUNJAB GOVT. GAZ. (EXTRA), AUGUST 27,2014 116
(BHDR 5, 1936 SAKA)
(e) in clause (za), for the si i(a), f r he s gn "." appear ng at the end, the sign anc raved Me "no : a word "; and" shall be substituted and thereafter the following clause shall be added, namely:—
" " : zh y : ( b) "unauthorized colony" means a colony which has been develo i ¢ i i isi ped n contravent on with the provi ons of the Act and the rules made thereunder".
In the principal Act, in section 3, in sub-section (2),— in clause (a), for the words and signs "attorney-at-law or an advocate of not less than seven years standing, after he has examined the transactions concerning it in the previous thirty years;", the words and signs "officer not below the rank of Assistant Collector Grade-11 after he has examined the transactions concerning it in the previous ten years" shall be substituted; in clause (b), for the words "over such land", the words and sign over such land duly certified by an authority not belo w the rank
of Assistant Collector Grade-I1" shall be su
bstituted;
in clause (#1), for the existing proviso, the foll owing proviso shall
be substituted, namely:—
"provided that the Government may by notification direct,—
(i) in the case of residenti al apartments, ten percent of the
total apartments be reserved for economically weaker section of society; and
(ii) in the case of colony, five percent area of the gross area of
the project, be reserved for plots to be allotted to the persons
belonging to econo
mically weaker sec
tions of society, in such manner and o
n terms and conditi ons, as may be
specified."
In the Principal Act, in section 4,—
(i) for sub-section
(1) and clause (a); th e following shall be substituted, name ly:-
n(l) No promoter shall develop any land into a c olony of
ffer plots for sa
le or transfer or
construct apart
ments
o er
y
h sale
Oo
\ [+]
I
o) Amendment in section 3 of Punjab Act 14 of
1995.
Amendment in section 4 of Punjab Act 14 of
1995.
4
PUNJAB GOV T. GAZ. (EXTRA), AUGUST 27,2014 117
(BHDR 5,1936 SAKA)
rsons to mak e advances :
H
ord booking, unless ~ eposits for
(a) he obtains li o l cence under sub-section (3) of section » Which is in f ch s n force and has not been suspended or rev i i ' okeg and ts number s mentioned in the advertisement or prospects ;"; and
(ii) in Sb-3ation (5), for the words "upto one year or with fine which may extend upto five thousand rupees", the words
"upto three years or with fine which may extend upto five lac rupees" shall be substituted.
5. In the principal Act, for section 5, the followi ng section shall be
substituted, namely:—
"5. (1) Any promoter, who desires to develop a la nd into a colony
Development of having the prescribed qualifications, shall make an
land into colony. application in the p rescribed form alongwith his title of minimum twenty five per cent o
f project land and irrevocable consen t
for the rest of land, if it is owned by other persons, permission for co nversion
of land use from the competent
authority and the prescribed inf
ormation,
arges, to the competent authori
ty for grant of
with the prescribed fee and
ch
separate permission shall b
e necessary for
permission for the same
and
each colony.
cation under sub-section (1
), the competent
(2) On receipt of th e appli
le of the land, extent and situation
authority, after makin g enquiry into the tit 'of the land, capacity of the promoter tO d evelop the colony, lay out of the
of the development of the colony with the n eighboring
be executed in the col ony, and in case
cation of material to be used, common
colony, conformity areas, plan of dev elopment Works 0
uildings, design
, specifi
ded, structural sa fety and fire safe ty and such
ffording the appli cant an
nsideration the opi nion of
ording reasons
of apartment b
areas and facilities to be provi
other matters as
it may specify,
and after a
opportunity of b
eing heard and
also taking into
co i
the prescribed
authority, shal
l pass an ord
er, in Writing
rec
ant such permi
ssion.
either granting or refusing {© gr
:
assed granting permission under sub-section
P i
ibed form
(3) Where an order is
hall grant
2 I
(2), the competent authority S
Substitution of section 5 of
Punjab Act 14 of
1995.
5
PUNJAB GOVT. GAZ. (EXTRA), AUGUST 27.2014
(BHDR 5, 1936 SAKA)
-
118
(i) as pean mr shall acquire the title of land not owned by
" ne the time period given in the terms and conditions ) : ence, and shall not make any sale or transfer of and which is not under his title;
(ii) mish » bank Blanes equal to thirty five peicent of the evelopment works certified by the
Sample authority, or mortgage plots falling in the same project equal to thirty five percent value of estimated cost of development by equitable mortgage deed to the satisfaction of the competent authority in the manner prescribed, which shall be marked on the layout pl an and
entered in the revenue record;
(iii) has entered into an agreement wit h the competent authority
in the prescribed form for carry ing out the development
works in accordance with t
he conditions of the licence;
(iv) has paid, subject to the provisions of sub-sectio n (6), the
Change of Land Use
Charges, External Deve lopment
Charges and such other charges, as may be not ified by the
Government from
time to time.
(4) In case, a prom oter intends to revi se the layout plan or zoning
olony or building pl an, he shall be requir ed to obtain
ubject to fulfillment of all liabilities created due to
prior permission, on p ayment of such charges and such fond on such
terms and conditions, as may be specified after giving due notic e to the pit
or apartment holders
. However the said revision shall not extend the period of validity of the license granted under sub-section (3). |
(5) The license granted under sub-se ction (3); shall be valid for a period of five y ears and shall be renewable fo r a further period of two years
itions, as
on payment of su ch fee and charge s; and on such te rms and cond
may be specified by the competen t authority:
(6) The promoter shall enter into agree Bie
ta
developmen t charges f or external developme nt wo
thority. carried out by the Gove rnment or a local av plan of the approved C a revised permission, ment giv unde
rtaking to pay
ied out or to be
6
PUNJA B GOVT. GAZ. (EXTRA), AUGUST 27,2014 119
(BHDR 5, 1936 SAKA)
(7) The Stat ¢ Government shall determine the development charges nd the time withi i a i which such development charges as referred to in sub- € > i sectic : all be paid to the State Government or to such authority, as may be notified by the State Government |
(8) The Government may allow payment of external development charges sad other charges mentioned in such installments, as may be notified by it from time to time. In such case, the first installment shall be deposited before the grant of licence and the promoter shall furnish and give undertaking to pay the balance installments as per notified schedule supported by such additional bank guarantee or mortgage of such additional property, as m ay
be necessary to secure payment of the balance installments.
(9) 'The promoter shall carry out and complete the development of
the land in accordance with the provisions of the Punjab Regional and
Town Planning and Development Act, 1 995 (Punjab Act 11 of 1995).
(10) The promoter shall construct or get constructed at his own cost, centers and other community buildin gs,
schools, hospitals, parks, commu nity
oter may sell or transfer land on the land set apart for this purpose or prom
meant for schools and ho
spital etc. on such terms a nd conditions, as may
be specified by the Governme nt. Further, the area under roa ds, open spaces,
parks and other public util ities shall be transferred to the local authority
before issue of completio n certificate.
rve five percent area of the g ross project
percent of the apartments in the case of
be specified by the Govern ment for
for economically weaker
(11) The promote r shall, rese area in the case of c olony and ten
r, as may
apartments in the m anne
f such plots/apart ments
reservation and dispo sal ©
section of the society. r shall carry out all directions issued by the competent f the execution of the layout and
mit the competent aut hority or
(12) The promote authority for ensuring due compliance O the development wo rks therein and to per
any officer authorized by it t o inspect such execution:
(13) The promote r shall
for the malnienan ce aad
upkeep of all roads , open spaces, and public health s ervices
for a period of five years from the date 0
till the date of transfer the sa me free of cost tO
be responsibl
e
public parks
f issue of completi on certificate or the State Governm ent or
7
PUN B JAB GOVT. GAZ. (EXTRA), AUGUST 27,2014
(BHDR 5, 1936 SAKA)
120
the local authority:
ovi 2 i Pr ded that after the completion of development works in the col in all respects, the compet i oe | _- pe ent authority, may allow the promoter to hand over the maintenance of the infrastructure and services mentioned in this sub-section to an association of residents formed under section 17-A, which shall fie responsible for management, maintenance, upkeep of common areas, infrastructure and common services of the colony.
(14) In the event of the promoter contravening any provisions of this Act, or rules made thereunder or any conditions of the licence grant ed
under sub-section (3), the competent authority may, after gi ving an
opportunity of being heard, suspend or cancel the licence and enforce the
bank guarantee or mortgage property furnis
hed by the promoter under sub-
section (3).
(15) When a licence is suspended or cancelled under sub-section (14), the competent authority may itself carry out or cause to be carried out the
development works, and after adjusting the amount received a s a result of
enforcement of bank guarante e or by disposal of mortgaged p roperty, recover
such charges, as the compete nt authority may have to incu r on the said
development works fr
om the promoter and th
e allottees in the manne
r
prescribed as arrears
of land revenue.
oter for payment of develo pment charges
(16) The liability of t he prom
II not exceed the amount th e promoter
referred to in sub-sect ion (15), sha
he allottees less the amou nt actually spent on d that of the allottees s hall not exceed the to the promoter towards the expenses
has actually recovered fr om t
such development work s, an
amount, which they woul d have to pay
of the said developm ent works under t
he terms and conditi ons of the
agreement of the
sale of transfer en tere
{ authority may,
recover fro
or what may be adm
issible under
d into between the
m:
llottees
Provided that the c ompeten
m the a
with their consent, an amount in exces
s
the aforesaid ter
ms of agreement
of sale or transfer
.
| ything contained in thi s Act; after developme nt
(17) Notwithst anding an
per
works have been c arried out under su b-section (15), the c ompetent authori ty
may, with a view ( 0 enabling t
ansfer the possess ion of,
and the title of, the land 10 the a he promoter, t
o tr
llottees within a spe cified time, authori ze
8
PUNJAB GOVT. GAZ. (EXTRA), AUGUST 27,2014 121
_ (BHDR 5,1936 SAKA)
the promoter by an order to receive the balance amount, if any, due from the allottees after adjustment of the amount which may have bg recovered by the competent authority towards the cost of the development works and also transfer the possession of, and the title of, the land to the allottees within aforesaid time and if the promoter fails to do so, the competent authority shall on behalf of the promoter transfer the possession of, and title of, the land to the allottees on receipt of the amount which was due from them.
(18) After meeting the expenses on developm ent works under sub-
section (13), the balance amount shall be payable to the promo ter."
6. In the principal Act, in section 6, in sub-section (3), in clause ©)
(@) in item (i), for the words and sign "an attorney-at-law or
advocate", the words and sign "officer not below the rank of
Assistant Collector Grade-I1" shall be s
ubstituted;
(b) in item (ii), at the end, the word
"and" shall be omitted; and nv the sign and word "; and" shall be
(c) in item (iii), for the sign wing item shall be added, substituted and thereafter , the follo
namely:—
"(iv) copy of the approve d layout plan of colony."
7. Inthe principal Ac t, for section 9, the foll owing section shall be substituted, namely:— ng. The promoter s hall maintain a separa te account in any
scheduled bank of sums ta ken by him from
Accounts of sums
s intending to take or who have taken
taken by promoters. person
apartments or plots, a s advance, towards sa le price or for any other purpose, or, depos the share capital fo r the
he outgoing
axes, charges for water or electricity,
it, including any sum so tak en towards
formation of a co-operativ e society or a
company, Of towards
1
local t any, municipal or oth er
{ on mortgages or other en cumbrances,
revenue assessme
nt, interes
if any, stamp dut
y and registration fe
and the conveyanc
e); and the prom
oter sh
¢ for the agreement of sale all hold the said moneys s (including ground rent, it Amendment in
section 6 of
Punjab Act 14 of
1995.
Substitution of section 9 of Punjab Act 14 of
1995.
9
AB GOVT. GAZ. (1X RA), AUGUST 27,2014 122
(BHDR 5,1936 SAKA)
8.
for the purposes for whi fia moneys ee bey We hve and shall disburse ol including for the construction of
apartments and, in the case of colonies, for meeting the cost of development works, and shall submit quarterly statement to the campaten authority making full and true disclosure of all transactions in respect of that account and may utilize not more than fifty percent for any other purpose from the amounts so collected.".
In the principal Act, in section 14, in sub-section (2), for the sign nn the sign ":" shall be substituted and thereafter, the following proviso
shall be added, namely:—
9.
"Provided that the promoter shall transfer fr ee of cost the
area under roads, open spaces, parks and site s meant for public
utilities to the local authority or develop ment authority, as the
case may be, and this transfer would be exempted from stamp
duty and any cess applicable."
In the principal Act, for section 15, the following section shall be
substituted, namely:—
«15. "(1) After the occu
pation certificate is obtain
ed under
Promoter to the section
14, the promoter shall
submit a
execute documents. copy thereof t o the competent authority and
er he shall take all neces
sary steps to complete
his title
rship of the apartment containi
ng
cribed and the undivided inte
rest
thereaft
and convey the exclusive
owne
such particulars as
may be pres
in the common area
s and facilities appur
tenant to such apart
ment
to the person in who
se favour he has exe
cuted an agreement
of
sale of that apar
tment, and execu
te a conveyance
deed of
ch particulars
ents therefor in acc
ordance with such
ths from the date of
giving possession
uments of title relati
ng to
apartment contai
ning su
as may be prescri
bed and
all other relevan
t docum
ee mon
also deliver al
l doc
possession or pow
er and the
agreement, within
thr
of the apartment
and
the property whic
h may be in his
Pf
[I not reserve
any right in t
he
hich he is taki
ng up in his o
Jt for sale but
are still unsold.
property except to the
promoter sha
a
wn name anc
extent of apartment
s W
apartments w
hich are mea
t
Amendment in
section 14 of
Punjab Act 14 of
1995.
Substitution of section 15 of Punjab Act 14 of
1995.
10
PUNJAB GOVT. GAZ. (EXTRA), AUGUST 27,2014 123
(BHDR 5, 1936 SAKA)
| 2) I the case of a plotted colony, after obtaining completion certificate from the competent authority, he shall take all necessary steps to execute a conveyance deed of plot in accordance with agreement of sale, within a period of three months from the date of giving possession of the plot and also deliver all documents of title relating to the property, which are in his possession and the promoter shall not reserve any right in the property except to the extent of plots, which he is taking up in his own name and plots, which are meant for sale but are still unsold."
0 10. In the principal Act, after section 17, the following section shall
"be inserted, namely:
"17-A. (1) The competent authority shall by an order direct to Formation of form an association of residents in respect of association. a colony within a period of five years from the date of issue of completion certificate for maintenance and up-keep of common infrastructure and facilities in the colony.
(2) The owner or allottee or occupier of any plot or built up property shall be a member of the association from the date he takes possession of
such plot or property.
(3) The promoter df the colony shall be associate mem ber of the
association in respect of plots and properties meant for a llotment or sale,
but not yet allotted or sold. When such plot or prope rty is later on allotted,
sold or otherwise transferred, the allottee shall become a m ember of the
association and the promoter shall cease to be assoc iate member of the
association in respect of such plot or property from the date of delivery of
possession.
(4) The responsibility for administratio n and management of the
colony and maintenance and upkeep of common areas, in frastructure and
common services of the colony shal
l devolve on the association from t
he
date specified in the order und
er sub-section (1):
Provided that provisions of sections 19 to 37 of the Punjab Apartment
Ownership Act, 1995 (Punjab Act 13 of 1995), sha ll apply mutatis mutandis
regarding association and regulation of its affairs f ormed in a colony or
building."
Insertion of new
section 17-A of
Punjab Act 14 of
1995.
11
11.
PUNJ VWIT LAA spin AB GOVT. GAZ. (IX 'RA), AUGUST 27,2014
(BIIDR 5,1936 SAKA)
In the princips . ; princi al Act, in section 18, in sub-section (/),-
(1)
124
in clause (a), for the words and sign "by an attorney-at-law or an advocate of not less than seven years' standing, after he has examined transaction concerning it in the previous thirty years", the words and figures "by the officer not below the rank of Assistant Collector Grade-1I and make full and true disclosure of the license obtained from the competent authority under section 5" shall be substituted; and
(ii) clause (d) shall be omitted.
12. In the principal Act, for section 20, the foll owing shall be
substituted, namely:—
"20. (1)No person shall raise construct ion of any building, lay
Resection on roads or water suppl y lines or sewerage lines
developmentand or erect electricit y poles in a colony, in respect structures in 2 of which licence has not b een obtained from
colony.
the competent authority.
(2) No department of the Central Government or the State
Government or Authority or Municipality or Board, shall sanction any building plan, give water connection, sewerage c onnection, telephone connection or electrici ty connection to any bu ilding or land situated i n
a colony or building, in respect of which l icense has not been ob tained
from the competen
t authority.
(3) No Registra r or Sub-Registr ar appointed un der the
provisions of the Registration Act , 1908, shall regi ster sale deed or any other docum ent regarding sale of land or plot or building situated in a colo ny, in respect of which license has not been
obtained from th e competent auth ority.
|
of a property in a colony In btained ander this Act, shall he said property, with
zoning, site
(4) Every ow ner of occupi er
has been 0 ting or using t
of land, lay out plan, |
ack lines, stru ctural and san itary
f buildings and material
respect of which licence
comply, while erecting, re-er ce
the conditions regarding use coverage, heigh t of building, s etb
requirements, a rchitectural con to be used in construction
,
Amendment in section 18 of Punjab Act 14 of
1995.
Substitution of section 20 of Punjab Act 14 of
1995.
C
C
—
12
PUN JAB GOVT. GAZ. (EXTRA), AUGUST 27,2014 125
(BHDR 5, 1936 SAKA)
13. inci { In the pr pal Act, in section 32,— Amendment in section 32 of
(i) for sub-secti : - section (1), the following sub-section shall be PunjabAct 14 of substituted, namely: — 1995.
"(1) Every promoter to whom a licence has been granted under section 5 to develop a colony or who stands exempted or to whom exemption is granted under section 44, shall deposit service charges at the rate of rupees three per square meter of the plotted area proposed to be
developed by him as residential, commercial or indust rial
(excluding the area used by the public for general purpose) into a colony in lumpsum, prior to grant of licen ce and the
promoter shall in turn be entitled to pass
on the service
charges so paid by him to the allottees.".
. (ii) for sub-section (4), th e following sub-section shall be
substituted, namely:—
"(4) The Fund shall be uti lized by the Authority notified under sub-section
(3) for the benefit of the allo ttees,
for development of the co lonies to promote research and
development, training and capacity building and up-gra dation
of infrastructure or appar atus in town and country planning
and urban affairs, an
d for such other simi
lar purposes, as
may be prescribe
d.".
for section 36, the follo wing shall be Substitution o f
section 36 of
Punjab Act 14 of
1995.
14. In the princip al Act,
substituted, namely:—
"36. (1) Any person
the Act, witho ut reason
ontravenes the prov isions of
tion, be punished with
gent registered under or promoter or
hisa
able cause, fails to Offences and
penalties.
3, 5, 6, 9 or
15 shal
minimum
s and with m
inimu
s five lac.
es the provisi
ons of section 9 deposited with
him for any
section 9, shal l, on
comply with
or ¢
|, on convic
term of three y ears which may
m fine of rupee s two lac,
sections
imprisonment f
or a
extend to seven year
which may exte
nd to rupee
(2) Any pro moter who co ntraven
or
by misusing any amount advanced
joned in
purpose othe r than the p urposes ment !
13
PUNJAB GOVT, GAZ. (11x B G . G Z (EXTRA), AUGUST27.2014 126
(BHDR 5, 1936 SAKA)
conviction, be punished with imprisonment for be less than three years and with [i a term which shall n
ot
ars and with fine which shall not be less the lac rupees.
55 than two
3) Any pi a ne re oo pa ha, without reasonable this Act or of any rule ite dere nd os, LY GEARY prcishon if
. A
er, or does not pay the penal ty
Bisposcd upon him by the competent authority, shall, if no other penalty is expressly provided for the offence, be punished on conviction, with imprisonment for a term not less than one year wh
ich may extend to
three year and with a minimum fine of rupees ten thousa nd which
may extend to rupees one lac.
(4) Where an offence is committed under this Act by any
Central Government or State Government or Mun icipality or Board
or Authority or it is proved that the offence ha s been committed with
or connivance or is attributable to any neglect on the part
er or employee of the department of
such Government or
shall be deemed to be guilty of the
inst and punished
the consent
of any offic
Municipality or Board or Autho
rity,
offence and shall be li
able to be proceeded aga
accordingly:
Provided that nothin
the officer, liable to an
y pu
proves that the of
fence was committ
e
that he exercised
all due diligence t
o prevent the ¢
such offence.
(3) Notwithstand ing anything ¢
Procedure, 1973 (C entral Act 5 of 197 4), it shall be Magistrate of
the First Class to pass on a
ny person co
id aru
'o Act, a sent ence 0
boi dod
he po
section of
this Act, in
excess 0
under section 2 7 of the said Co de.
(6) The fine impo se
nd arrear ©
g contained in this sec tion shall render nishment under this Act, if such officer
d without his knowledg e or
ommission of
ontained in the C ode of Criminal
awful fora Judicia l
victed of any
f imprisonme
nt or
{ his powers
bh-sections
(1), (2) (3
) or (4) mder su
or
a
ut of the fin e 50
f land reve award suc ha
se or depos it Was obta ined by
nue and 0 may be recovered as mount as he deems recovered, the J udicial fit to the person from whom
14
GOVT. GAZ (EXTRA), AUGUST 27.2014 127
(BHDR 5, 1936 SAKA)
the promoter or the estate In the princi rincipal Act, | [ | JIMNY b 1 ; [ » section 38, in sub-section (3), for the sign Amendment in
15.
"", the sign ":" section 34 of Punjab Act 14 0}
1995
agent, as the case may be."
shall be substi tuted and thereaf ' shall be added, namely: - ren the fll pres
"p " . rovided that i il mposition of penalty, conviction and fine shall not be deemed to re i regularize the unauthorized constructions, buildings or colony:
Provided further that without prejudice to the provisions of sections 36, 37 and sub-section (/) of this section, the competent authority after giving a notice of thirty days and affording a reasonable opportunity of being heard to the persons concerned, order to demolish or remove or stop construction or development of such unauthorized construction, building or colony and restore to its original state or to
bring into conformity with the conditions, which
have been violated
and if such person fails to do so within a p
eriod of six weeks from the
order, may himself tak
to give effect to the
recoverable from such p
e such measures, as may appear to him
necessary
order and the cost of such me
asure shall be
erson, as arrears of land revenu
e.".
in section 39, in sub-s
ection (1), for the Ame
ndment in
section 39 of
nd figures " : \ , the words and figures the Punjab Act 14 of
1995.
16. In the principal A ct,
words and figure "the provisions of section 20"
provisions of sectio n 5 or 20" shall be substituted.
LPS. MAHAL,
Secretary 10 Gove rnment of Punjab, Department of Le gal and Legislativ e Affairs.
575/08-2014/Pb. G ovt. Press, SAS N agar
15