PUNJAB GOVT GAZ.(EXTRA), APRIL 17, 2013
(CHTR 27, 1935 SAKA)
PART I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The17th April, 2013 No. 35-Leg./2013.,-The following Act of the Legislature of the Stateof Punjab received the assent of the Governor of Punjab on the l2th Day of April, 2013, is hereby published for general information:
THE PUNJAB LAWS (SPECIAL PROVISIONS) ACT, 2013
(Punjab Act No. 35 of 2013
213
AN
ACT
to make special provisions for resolving the problems associated withthe
development of unauthorised colonies and thereby leading to infrastructure issues in the State of Punjab within a period of one year and for the matters connected therewith or incidental thereto.
Whereas phenomenal increase in the population owing to migration has put tremendous pressure on land and infrastructure in Punjab resulting in
developments which are not in consonance with the master plan of cities and towns and the Punjab Apartment and Property Regulations Act, 1995, in the State.
Whereas the Government has constituted a Committee of Expertsto look into the various aspects of unauthorized colonies and suggest a comprehensive strategy to deal with them;
Whereas a strategy is proposed to be prepared by the Government in the State of Punjab in accordance with the Punjab Housing and Habitat Policy for Urban Housing to all;
Whereas action for violation of the provisions of the Punjab Regional and Town Planning and Development Act, 1995 and the Punjab Apartment and Property Regulations Act, 1995, is causing avoidable hardship and irreparable loss toa large number of people;
Whereas some time is required for making orderly arrangements for solving problems of areas under unauthorized colonies:
PUNJAB GOVT. AZ. (ILXT ), A IL, 17,2013 213
(CH 27, 1935 SAK
PART 1
DEPARTM N OF LEGAL AND LEG SLA V A PUN AB
N FICATION
el t pril 2013 No. 35-Leg./2013.-The following Act of the L i o the S a e of P receive the asse of the G o P on th 12th D o April, 2013, is hereby published for g in o ation:-
THE PUNJAB A SPEC A I A , 2
(Pu ab A 3 o 2
to make special provisions for h s i i the ent ut ori i s h ea n o
infrastructure issues in the State of Punjab within a period of one year and for the matters it incidental thereto.
Whereas menal ase opulati n i migration has
put tremendous r ssure f st cture in Punjab resulting in e ents hi ot s nance it the master plan of cities and towns and the unjab partment roperty egulations Act, 1995, in the State.
Whereas t e overnment as constituted a om itte f Experts to l k into the vari us aspects of unauthorized colonies a d s ggest a comprehensive strategy to deal with t ;
Whereas a strategy is proposed to be prepared by t e Government in the State of Punjab in accordance with the Punjab Housing and Habitat Policy for Urban Housing to all;
Whereas action for violation of the provisions of the Punjab Regional and Town Planning and Development Act, 19 5 and the Punjab Apartment and Property Regulations Act, 1995, is causing avoidable hardship and ir eparable los to a large number of people;
Whereas some time is required for making orderly arrangements for solving problems of areas under unauthorized colonies;
1
Short title and Commcncement. Definitions.
214
And whereas it is expedient to have a law to provIde temporary relief te the people of the State of Punjab against such action for a period of one within which various policy issues referred to above are cxpccted to be finalized:
1.
Act, 2013.
PUNJAB GOVT. GAZ. (EXTRA), APRIL 17, 2013
(CHTR 27, 1935 SAKA)
BE it enacted by the Legislature of the State of Punjab in the Sixty fourth Yecar of the Republic of India as follows:
Gazette.
(2) It shall come into force from the date of its publication in the Official
2.
() This Act may be called the Punjab Laws (Special Provisions) year
(3) It shall cease to operate on the expiry of one year from the date of its commencement, except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act, 1897 shall apply.
(1) In this Act, unless the context otherwise requires, (u)
(c)
'colony" means an area of land not less than one thousand square meters divided or proposed to be divided into plots for residential, commercial or industrial purpose;
(b) 'competent authority' means any person or authority appointed under section 7 of this Act;
"Government" means the Government of the State of Punjab;
(d) "master plan" means master plans prepared and notified under the Punjab Regional and Town Planning and Development Act, 1995;
(e) "public land" means land owned by Central or State Government, Boards and Corporations owned by Central or State Government, Public Sector Undertakings constituted under any law and the local authorities:
() "punitive action means action taken by the local authority or the special urban planning and development authority under the relevant law against unauthorized development and shall include demolition, displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise;
S t title nd
commencement
Definitions.
214 U A VT. G Z. EX ) PRI 17,201
(CI SA )
——— —— And w er it the people of the State of Punjab against such t fo a eri d ofone year TT ' . TT
expedient to have a law to provide temporary relief,
)
within w v o p issu re ab a e e e to b fina ized
BI: it enacted by the Legislature of the State of Punjab in the Sixiy. fourth Year of the Republic of India as follows:-
1 (1) This Actmay be called the Punjab Laws (Special Provisions) Act, 2013.
(2) Itshall come into force from the date of its publication in the Official Gazet
(3) Itshall cease to operate on the expiry of one year from the date of its commencement, except as respects things done or omitted to be done before such cesser, and upon such cesser section h eneral l ses Act, shall apply.
nt i ct, l ss ntext ise uires,-
a) "co o " eans t ss n h d square meters divided or proposed to be divided into plots for residential, commercial or industrial purpose; (hb) 'competent authority' eans person or authority appointed er of this ct;
c¢ " overnment" eans overnment of the tat f unjab;
(d) " aster plan" eans aster plans prepared notified der unjab egional n l ning evelopment
Act, 95;
(e) " ublic " eans ned entral r tate overnment, oards orporations ned entral r tate overnment, ublic ector ndertakings onstituted nder cal uthorities;
(/ ''p nitive acti n" eans ct n cal uthority r the special urban planning and development authority under the relevant law against unauthorized development and shall include demolition, displacement of persons or their business est bli ment f their existing location, whether in pursuance of court orders or otherwise;
2
PUNJAB GOVT. GAZ. (EXTRA), APRIL 17, 2013
(CHTR 27, 1935SAKA)
(e)"section meansa section of this Act: and
215
(h) unauthorized colony" mcans a colony and includes 'apartment' which have been established by the person or promoterin contravention with the Punjab A partment and Property Regulations Act, 1995 (Punjab Act 14 of 1995)
(2) The definitions of the expressions apartment', 'authority', *development charges', "development works', 'external development works'
"internal development works', 'local authority', 'person', 'promoter' or any other word used in this Act, but not defined shall have the respective meanings as assigned to them in the Punjab Regional and Town Planning and Development Act, 1995 and the Punjab Apartment and Property Regulation Act, 1995.
3. (1) Notwithstanding anything contained in any other State law for the time being in force in the State of Punjab, any judgment, decree or order of any court or other authority to the contrary, any rules, regulations or byelaws made thereunder, the Government shall, within a period of one year from the commencement of this Act, take all possible measures to finalize noFms, policy guidelines and feasible strategies to deal with the problem of unauthorized development with regard to the under-mentioned categories, namely:
(a) land use in contravention of the master plan of the area prepared under the provisions of the Punjab Regional and Town Planning and Development Act, 1995;
(b) laid any unauthorized colony in contravention of the provisions of the Punjab Apartment and Property Regulation Act, 1995;
(c) erected or re-erected unauthorised buildings in an areaor colony in contravention with the provisions of the Punjab Regional and Town Planning and Development Act, 1995 or the Punjab Municipal Corporation Act, 1976 or the Punjab Municipal Act, 191l or the Punjab Town lmprovement Act, 1922 or any other law for the time being in force priorto commencement of this Act, shll be deemed to have been suspended and no further punitive action shall be taken during the aforesaid period of one year excepl in the cases forwarded and pending before any court or irst information of report has been lodged.
Enforcement to
be kept in
abeyance.
—
PUNJAB GOVT. GAZ. (EXTRA), APRIL. 17. 2013 215 (CHTR 27, 35 KA)
(g) "section" means ga section of t is Act! (Mh) "unauthorized c "mes ed colony" means a colony and includes partment" which have been established by the person or MN SYR ~ .r H . . promoter in contravention with the Punjab Apartment and r perty egulations Act, 1995 (Punjab Act 14 of 1995) .
(2) definitions expressions 'apartment', 'authority', ' el ment arges', " ent orks', 'e t rnal ent orks', ' ternal development works', 'local authority', 'person', 'promoter' or any other or ct, t t d f shall have the respective meanings hem nj Regional Town l i g
evel ment ct, t nj part ent r pert egulati n
Act, 5.
I) ot i tanding ng ned aw for the time being in force in the State of Punjab, any judgment, decree or order of any court or other authority to the contrary, any rules, regulations or byelaws made thereunder, the Government shall, within a period of one year from the encement this Act, take all possible easures to finalize norms, policy guidelines and feasible strategies to deal with the problem of authorized ent with regard to the under-mentioned categories, namely:-
a ntr vention h aster plan of the area
er h visi ns h j egi nal
i Development Act, 1995;
(bh) laid uthorized n t enti n the provisions
of e j part ent perty egulation ct, 1995;
ed ut ori i n
colony in contravention i h i s t h j
egi nal evel ent ct, 1995
oi
h j unicipal orporati n ct, h j
unicipal ct, 1 or j Impr vement ct,
aw o h im n o
m en e h Act, ha de ed o
suspended and no further punitive action shall be ak n
the aforesaid period of one year except in h o w
and pending before any court or first n o mati n ort
o d.
cem nt to
be kept In
abeyance
3
Regularization of unauthorized development. Provisions of this Act not to apply in certain cases.
Entitlement of claim.
Competent
authority.
216
(2) Allnotices issued by any local authority for initiation action against the categories of unauthorized development referred to in sub-section () shall be deemed to have been suspended and no punitive action shall be taken during the said period of one year.
(3) Notwithstanding anything contained in this Act, the Govermment may, at any time before the expiry of one year, withdraw the exemption by notificationin the Official Gazette in respect of one or more of the categories of unauthorized development mentioned in sub-section (1).
PUNJAB GOVT. GAZ. (EXTRA), APRIL 17, 2013
(CHTR 27, 1935 SAKA)
4. Notwithstanding anything contained in any other State law for the time being in force and subject to payment of fee, development charges and fulfilmentof terms and conditions, as may be determined in the policy to be framed by the Government under this Act, the development shall be deemed to be regularized under the provisions ofthe respective Act, where action has been initiated for such violations.
5. During the period of operation of this Act, no relief shall be available under the provisions of section 3 in respect of the following categories of unauthorized development, namely:
6.
(a) any construction unauthorisedly started or continued on or after the lst day of April, 2013;
(b) encroachment on public land;
(c) area, which is notified under the Land Acquisition Act, 1894, the Forest Conservation Act, 1980, the Punjab Land Preservation Act, 1900, the Environment (Protection) Act, 1986 and the Works of Defence Act, 1903 or an area covered under any other Central or State Act; and
(d) any type of building as may be decided by the Government. No person shall be entitled to claim any benefit or relief unless all the terms and conditions have been fulfilled and the requisite fee and development charges, as specified by the Government, has been deposited. 7. The Government may, by notification in the Official Gazette, appoint competent authority to exercise and perform all or any of the powers and functions of the competent authority under this Act; egularization
of unauthorized
development.
r visi ns
Act not to
l rt i
E t lem t o
claim,
Competent
auth ri
216 NJ B OVT. GAZ. TRA), APRIL 3
NIT ( S A TR 27, 35 ) _ _
(2) Allnotices issued by any local authority for initiation action again; the categories of unauthorized development refereed to in sub-section (J ), shall be deemed to have been suspended and no punitive action shall be taker, during the said period of one year.
(3) Notwithstanding anything contained in this Act, the Government may, at any time before the expiry f e ear, it emption b notification in the Official Gazette in respect of one or more of the categories of unauthorized development mentioned in sub-section (7).
. Notwithstanding anything contained in any other State w time being in force and subject to payment of fee, development charges and fulfilment of terms and conditions, as may be determined in the policy to be framed the Government under this Act, the development shall be deemed to be regularized under the provisions of the respective Act, where action has initia violations.
S During the period of operation of this Act, no relief shall be available under th provisions of section 3 in respect of the following categories of unauthorized development, namely:-
(a) any construction unauthorisedly started or continued on or after the 1st day of April, 2013;
(b) encroachment on public land; ( ) area, which is notified under the Land Ac th Forest Conservation Act,
Preservation Act, 1900, the Environment (Protection) Act, 19 n the Works o Defence Act, 1903 or an area covered und ny other Central o State Act; and quisition Act, 1894,
1980, the Punjab Land
(d) any type of building as may be decided by the Government. filled and the requisite fee and ed by the Government, has been deposited.
7 The Government may, competent authority to exercise functions of the competent autho by notification in the Official G and perform al] or an
rity under this Act;
azette, appoint
y of the powers and
—
Ian |
4
PUNJAB GOVT. GAZ. (EXTRA), APRIL, 17, 2013
(CHTR27, 1935 SAKA)
8. (1) Any person intending to get unauthorised colony or apartment regularized under this Act, shall apply in writing to the competent authority functions of the for permission in such torm containing such particulars and accompanied by
such documents and plans, as may be specified by the competent authority.
217
(2) On receiving application having been duly made under sub-section () and on payment of change of land use, development charges, license fee or permission fee, social infrastructure fund, compounding fee, the competent authority may pass an order,
9.
() granting permission unconditionally; or
(ii) granting permission subject to such conditions as it may think necessary to impose; or
(ii) refusing permission; and The Government may, by notification in the Oficial Gazete, appoint an officer or an authority as appellate authority to decide appeals againstthe
orders of the competent authority:
the
(iv) where permission is granted subject to the conditions oris refused the ground of imposing such conditions or such refusal shall be recorded in the order and such order shall be communicated to the applicant.
Provided that the Government may appoint as appellate authority more
than one officer or authority and distribute the work among them in the manner,
it may deem fit.
10. () Any person aggrieved by any order of the competent authority under this Act, may within a period of thirty days from the communication of he order to him, preferan
appeal to the appellate authority in such form and
manner, as may be specified.
(2) The appellate authority may, after giving an opportunity to be heard
l0 the parties and to the competent authority, pass such order, as it nmay deem
fit, either confirming modifyingor setting aside the order
of the competent
authority, and record its reasons in writing and the order of the appellate authority
shall be final.
(3) In discharging its functions, the appellate authority shall haveall powers under the Code of Civil Procedure, 1908 of a civil court while
deciding an appeal. Powers and
competent
authority
Appellate
authority.
Appeal against
the orders of
the competent
authority.
) ] \ 8 A hl r \ PUNJAB GOVT. G (EXTRA), APRIL, 17,2013 217 B (CHTR 27 1935 SAKA)
8. (1) Any person intending to get unauthori ularized under this Act, shall apply in writing to t sed colony or apartment
he competent authorit
for permission in such form containing such particulars and accompanied by such documents and plans, as may be ecifi d h competent authority.
(2) Onreceiving application a under sub-section
1) ent e a se, ent arges, c or is i n , cial t cture , pounding , petent t orit a er,
(i) granting permission unconditionally; or
(ii) granting permission subject to such conditions as it may n essary o mpose;
(iii) refusing permission; and ) her issi n t ject o h nditi ns h mposi nditi ns al
al n h r r al
municated o h plicant.
9. over ent ay, oti t n n h f i l azette, oint
r t ority pel ate t ority to eals ai st he
ers h petent authority:
i d t h over ment a oint s pel ate t ority ore
h n er t ority and te
or hem an er,
a m
by er f t e petent t orit irty s rom e com unicatio n
[late t ority in o m
10. (1) on r ve d
under this Act, may within a riod of t the order to him, prefer an ppeal to the
man er, a ecified.
ter g an portunity
to
rity, er,
it may m
i g si e order of th
competent
d h er of t pel ate
orit
The pellate t ority ay
,
to the parties and to the petent fit, either confirming, modif ying or et
authority,
s n rit
al l.
late t ority al a
fu cti ns, h appel
08 civil urt whil 3) n di arging 8 f Civil cedure,
th ers er h e 0
deciding an appeal.
ers an
functions of the
petent
authority
Appellate
authority.
ppeal against
h r o
h petent
authority.
5
Power of Governnment to give directions. Protection of action taken in good faith.
Bar of
jurisdiction of COurtS.
Power to make policy.
218 PUNJAB GOVT. GAZ. (EXTRA), APRIL 17, 2013
(CHTR 27, 1935 SAKA)
11. The Government may, from time to time, issue such directions to the competent authority as it may deem fit, for giving effect to the provisions of this Act and it shall be the duty of the competent authority to comply with such directions.
12. (1) No suit, prosecution or other legal proceeding shall ie against any person for anything which is done in good faith or intended to be done in pursuance of this Act or any rule or any regulation made thereunder.
(2) No act done or proceedings taken under this Act by the competent authority shall be invalid merely on the ground of existence of any vacancy or by reasons of defect or irregularity in its constitution or absence of any officer in its meeting.
13. No civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter the cognizance of which can be taken and disposed of by any authority empowered by this Act or the rules or regulations made thereunder.
14. The Government may, by notification in the Official Gazette make policy for carrying out the purposes of this Act.
H.P.S. MAHAL,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 0204/4-2013/Pb. Govt. Press, S.A.S. Nagar o nment to
i ctions.
ction
o
it .
r icti n
courts.
e o a
policy.
J GOVT. AZ. TRA),APRIL
C 35 A)
1. e overnment ay, om t e me, e i cti ns the competent authority as it may deem fit, for giving effect to the provisions of this Act and it shall be the duty of the competent authority to comply with i o
12. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is done in good faith or intended to be done in pursuance of this Act or any rule or any regulation made thereunder.
(2) No act done or proceedings taken under this Act by the competent authority shall be invalid merely on the ground of existence of any vacancy or by reasons of defect or irregularity in its constitution or absence of any officer n e ting.
13. No civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter the cognizance of which can be taken and disposed of by any authority empowered by this Act or the rules or ulati ns a nder.
14. overnment may, by notification in the Official Gazette ake policy for carrying out the purposes of this Act.
. . . AHAL,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 4/4-2013/Pb. Govt. Press, S.A.S. agar
6