ptINJAB GOVT GAZ. (EXTRA.), APRIL 5, 2004 (CHTR 16, 1926 SAKA)
PART I
DEPARTMENTOF LEGAL AND LEGISLATIVB AFFAIRS, PUNJAB
Notification
The 5th April, 2004
No. 15-Leg./2004.-The following Aot of the Legislature of the Sate of Punjab recejved the assent of the Go vernor of Puajab on the 2nd April, 2004, and is hereby publjshed for general information THE PUNJAB ONE-TIME VOLUNTARY DISCLOSURE AND
SETTLEMENTOF VIOLATIONS OF THE BUILDINGS
CONSTRUCTEDIN IOLATION OF THE BUILDING
BYE-LAWS IN THE CORPORATIONS AND THE
MUNICIPALITIES ACT, 2004
27
(Punjab Act No. 6 of 2004)
AN
ACT
to provide for one"time settlement for building violations made In respect of the buildings constructed in the Corporaions and the Municipalities and for the matters incidental thereto. BE it enacted by the Legislaure of the State of Punjab in the Fifty-fifth Year of the Republic of India as follows - , ) This Act may be called the Punjab One-time Voluntary Disclosure and Settlement of Violations of the Buildings constructed Molation of the Building Bye-laws in the Corporations and the Municipalities Act, 2004.
Short ti tËe
commenceraent
and applications
PUNJAB GOVT GAZ. (EXTRA) ) ); APR (CHTR 6, 1926 S RA) > 200 27 —
PART 1
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS,
PUNJAB
Notification A The 5th April, 2004 oo No. 15-Leg./2004.—The following Act of the Legislature of the siate of Punjab received the as ent of the Governor of Punjab on the 2nd April, 20 4, and is hereby published for general infermation :—
THE P NJ B ONE-TI E VOLUNTARY DISCLOSURE AND
ENT F I LATIONS F E BUILDINGS
CONSTRUCTED VIOLA F BUILDING
BYE-LAWS RPORATIONS
UNICIPALITIES CT,
nj b ct o. 6 of 2004) to provide fo o s im se tlement for building violations made in respect of the buildings construc in the C tions and the
Municipalities and for the matters incidental theret o.
BE it enacted by the Legislature of the State of Pun ab in the
Fifty fth Y of the Republic of India as follo ws :—
. i - ti luntar Short title
1. (I) This Act may be called the punjab On time VOIUMALY 200 ns
Disclosure and Settlement of Violati ons of the Buildings constructed
d appiications
in Violation of the Building By
e-1aws in the Corporations and
the
Municipalities Act, 2 04.
1
Definitions.
28 PUNJAB GOVT GAZ. (EXTRA.), APRIL 5, 2004 (CHTR 16, 1926 SAKA)
(2) It shall come into force at once.
(3) This Act shall apply to areas falling under the jurisdiction of the Corporations and the Muniipalities in the State of Punjab.
2. In this Act, unless the context otherwise requires,
(a) "committec" means the committee constituted under section 5 of this Act ;
(b) Deputy Commissioner" means the Deputy Commissioner of the concerned District :
(c) "non-compoundable yiolation" means construction of a building made in violation of its sanctioned plan or without getting the plan sanctioned from the competent authority, which is not compoun dable under the building bye-laws made under the Punjab Municipal Corporation Act, 1976 and the Punjab Municipal Act, 1911 ;
(d) other area'" means an area, other than the prime arca or the slum area ;
(e) "prine area'" means an area, falling within the juris diction of a Corporaion or a Municipal Council or a Nagar Panchayat, and declared as such by the Committee ; (f) Scheduled Caste Basti" means an area, where more than fifty per cent inhabitants belonging to Scheduled (2)"Slum area' means an area, declared as such under section 3 of the Slum Areas (Improyement and Clearance) Act, 1956 (Central Act No. 96 of 1956); and
(h) the expressions "building, Commissioner', 'Corporation, Executiye Officer and 'owner and any other expression Used in this Act, but not defined, shall haye their respective meanings as assigned to them in the Punjab Municipal Act, 1911 and the Punjab Municipal Corporation Act, 1976, Castes reside ;
PUNJAB GOVT GAZ. (EXTRA.), APRIL 5, 2004
* (CHTR 16, 1926 SAKA)
(2) Tt shall come into force at once.
(3) This Act shall apply to areas falling under the jurisdiction of the Corpo ations and the Municipalities in the State of Punjab. Definitions. 2. In this Act, unless the context otherwise requires,— (@) "committee" means the committee constituted under section 5 of this Act ;
(b) "Deputy Commissioner" means the Deputy Commissioner of the concerned District ;
(¢) "non-compoundable violation" means construction of a building made in violation of its sanctioned plan or without getting the plan sanctioned from the competent authority, which is not compoundable under the building bye-l s made under the Punjab Municipal Corporation Act, 76 Punjab Municipal Act, 1911 ;
(d) "othe ' eans an area, other than the prime area or h lum area ;
(e) " m area'' means an area, falling within the juris- d c ion o a Corporation or a Municipal Council or a N Panchayat, and declared as such by the Committee ;
(f) "Scheduled Caste Basti" means an area, where more than fifty per cent inhabitants belonging to Scheduled Castes reside ;
(g) "Slum area' means an area, declared as such under section 3 of the Slum Areas (Improvement and Clearance) A , 1956 (Central Act No. 96 of 1956); and
(h) the expressions 'building', 'Commissioner', 'Corporation', 'Executive Officer' and 'Owner' and any other expression used in this Act, but not defined, shall haye their respective meanings as assigned to them in the Punjab Municipal Act, 1911 and the Punjab Municipal Corporation Act, 1976,
2
PUNJAB GOVT GAZ. (EXTRA.), APRIL 5, 2004
(CHTR 16, 1926 SAKA)
29
3. Within a period of three months, from the date of coming into force of this Act, any owner of the building, who has committed a nÍn-compoundable violation while constructing such building, may disclose voluntarily such violation and apply in Form A' to the Commissioner in the case of a Corporation or to the Executive oficer in the case of a Municipal Council or a Narar Panchayat, as the case may be, under whose jurisdiction, such building f:lls to regularise the no-compoundablc yiolation.
4. () The yÍluntary disclosurc of non-compoundable violation made under section 3, may be settled by the Commissioner in the case of a Corporation after making spot verification as a one-time
measure by realizing the following composition fee, namely :
(a) in a prime area, in the case of a commercial building,
five hundred rupees per square foot of the area covered
under the non-compoundable violation;
(b) in any other area, in the case of a commercial building,
two hundred rupees per square foot of the area covered
under the non-compoundable violation;
(c) in the case of a residential building whether l0cated in area, two hunded rupees covered under the non
a prime area or in any other per square foot of the area compoundable violation; and
(d) in a slum area and a Scheduled Caste Basti in the case of a residential buil ding one hundred rupees per square
foot of the area coyered underthe violation.
non-compoundable
(2) The voluntary disclosure of non-compoundable violation made under section 3, may be settled by the Executive Officer in the
case of a Municipal Council and Nagar Panchayat, after spot veri fication as a one-time measure by realising the following composition fee, namely:
(a) in the case of First Class Municipa! Council, eightyper cent of the fee, specified in clauses (a), (b), (c) and(d)
of sub-section (7);
(6) in the case of Second Class Municipal Council, seventy per cent of the fee, specifiedin clauses (a), (6), (c) and
(d) of sub-section (); and
(c) in the case of Third Class Municipal Council and
Nagar Panchayat, sixty per cent of the fee, specified in clauses (a), (b), (c)and (d) of sub-section ().
Voluntary
disclosure.
One-timne Settle
ment.
PUNJAB GOVT GAZ AZ. (EXTRA). AP
3. Within a peri . thin per od of three months, from (he dete of comin Voluntary into force of this Ac , any owner of the building who ha n : disclosure
. .
' a9 cov $ .
a non-compoundable violation while constructing such buil omitted
. or ) ; HC nlding P disclose voluntarily such violation and apply in Torr A 8, Way
vs ' < '
orm 2
Commissioner in the case of a Corporation or to the F to the
. . . 0
1c Executive Officer in the case of a M ni C uncil or a N par Panch as the case may be, under whose jurisdiction, such huildine fils to regularise the non-compoundable violation.
4. (D The voluntary disclosure of non-com ndahle violation One-time Settle made under section 3, may be settled by the C mis i ner in the ment. case of a Corporation after making spo ve fica io a one tim measure by realizing the following composit f e, nam y :—
(a) in a prim r a, in the case of a com ercial building, five hu dred rup p squ foo o the area covered under the n compoundable v o o
(b) in any other area, in the c o a co mercial build , two ed up p squ e fo he area covered
under the poundable l t n;
in the case of a ntial d n hether located in a prime area or in w red rupe
per uare ot h under th
e non-
compoundable i lation;
(d) in a um eduled Cast Basti, in the case
of a idential uil dr ees r non-compou e
(c)
foot of t ver der
violation.
(2) The voluntary isclosur made under section 3, ay be set le case of a Municipal Council and Nagar Pa nchayat, after spot veri-
measure by realising t e f l ing composit on
e f non-c mpoundable violation d by t e Executive Officer in the fication as a one-time
fee, namely: —
(a) in the case of First Clas Munic pal Council, eighty per
cent of the fee, specified in clauses (a), (0), (¢) an d (d)
of sub-section (1);
in the case of Second Class Munic pal
Council, seventy
per cent of the fee, specif ed in clauses ( a), (2), (0) and
(d) of sub-section (J) ; and in the case of Third C lass Municipal Council and
sixty per cent of the fee, s pecified n
) and (d) of sub-section (0). (®)
(©)
Nagar Panchayat,
clauses (a), (b), (¢
3
Constitution of Committees. Buildings
be cOvered
to
under this Act.
30 PUNJAB GOVT GAZ.
(EXTRA.), APRIL $, 2004
(CHTR 16, 1926 SAKA)
5. (1) For the purpose of determining as to whether a building
has been constructed in a prime area or in any other area for. the
purpose of section 4, a cOmmittee shallbe constituted by the State
Government comprising the following, namely:
(a) in the case of a Corporation, the Deputy Commis sioner, the Commissioner, the concerned Sub-Divisional Magistrate, the Senior Town Planner or the Divisional Town Planner, in whose jurisdiction, the buildingin qucstion falls ; and
(6) in the case of a Municipal Council and a Nagar Panchayat, the Deputy Commissioner, the Sub-Divisiona] Magistrate, the Executiye Officer and the Divisional Town Planner, in whose jurisdiction, the building in question falls.
(2) The Committees constituted under sub-section (l)., shallbe headed by the Deputy Commissioner.
(3) The Committees constituted under sub-section (), shall determine the prime area or the other area, as the case may be, keeping in view the location of the building and declare as such on the basis of the market rate of the land fixed by the Deputy Commissioner for the purpose of registration of a conveyance deed in respect of such area, such committees shall complete their task within a period of one month positively from the date of coming into force of this Act.
6. () It is made clear that this Act shall apply to those buildings only, which have been constructed on or before the 11th day of September, 2003.
(2) The cases of non-compoundable violations, which have already been detected by the competent authorities and in respect of which the proceedings are still pending with the concerned authorities, shall also be settled in accordance with this Act. Howeyer, for getting such cases, settled, the owner shall haye to make an afresh in Form A', application
(3) The non-compoundable violaions made after the date specified in sub-section (1), shall not be compounded.
PUNJAB GOVT GAZ. (EXTRA ), APRIL 5, 2004 0
: (CHTR 16, 1926 SAKA)
——
Constitution of 5. (I) For the purpose of d termining as to whether a building Committees. has been constructed in a prime area or in any other area for the purpose of section 4, a comm t e shall be constituted by the State Government comprising the following, namely: —
(@ in the case of a orporati n, the Deputy Commis-
sioner, the Com iss the concerned Sub-Divisional.
Magistrate, the Senior Town Planner or the Divisional
Town Planne in whose jurisdiction, the building in
question fa ls ; and
(6) in the case of a M i Co and a Nagar Panchayat, the D y Co mis ioner, the Sub-Divisional Magistrate, the Ex v O c and the Divisional Town Planner, in whose jurisd , the bu lding in question falls. v (2) The C mit ees co t un sub-section (1), shall be headed by the D C missioner.
(3) The Committees sti t d er sub-section (1), shall determine the prime area or th r a, h a e, keeping in view the location of the i g cl re the basis of the market rate f the Deputy Commissioner for the purpose f gistration f veyance deed in respect of such area, such committe s hal] mplete eir sk within a period of one month positively t e date of coming into force of this Act. Buildings to 6. (I) It is made clear that this Act shall
6
} apply to th bo covered buildings only, which have be n constructed on of before e : i under this Act. day of September, 2003.
(2) The cases of Non-compoundah]e violations already been detected by the competent authorities an 4 fs as ¢ which the proceedings are still pending with the concern ber, © shall also be settled in accordance with this Act. Hong or e Such cases, settled the o » wner shall he ill afresh in Form «A, "hve to make an "application which have
(3) The on-compoundahje violations specified in sub.sectjop (1), shall no he Commo made after the date unded.
r
r
4
PUNJAB GOVT GAZ. (EXTRA.), APRIL S, 2004 (CHTR 16, 1926 SAKA) 31
(4) The one time settlement shall, however, be without any prejudice to the disciplinary action, as may bo taken against the concerned officer or official of the Corporation, Municipal Council or Nagar Panchayat, as the case may be, who is found responsible for aiding or abetting such violation.
7. () The Commissioner or the Executiye Officer, as the case may be, shall pass the fina] order and finalize the matter under this Act within a period of six months after coming into force of this Act,
(2) After the expiry of a period of six months as specified in sub-section (I), there shall be no settlement of non-compoundable violations, which have not been disclosed within the aforesaid stipulated period or if disclosed, but not finally settled within that period. Such violations shall be identified by the Commissioner or the Executive Officer, as the case may be, and shall be demolished as per relevant law.
8. Notwithstanding anything inçonsistent contained in Punjab Municipal Act, 1911 and the Punjab Municipal Corporation Act, 1976 and the rules, regulations and bye-laws made thereunder or in any other law enacted by the State Legislature, which is in force in the State of Punjab, the provisions of this Act shall have an over-riding effect. the
9. (/) The Punjab one-time Voluntary DiscloSure and Settle ment of Violations of the Buildings constructed in Violation of the Building Bye-laws in the Corporations and the Municipalities Ordinance, 2004 (Punjab Ordinance No. 1 of 2004), is hereby repealed.
(2) Notwithstanding such repeal, anything done or action taken under the Ordinance referred to in sub-section (), shall be deemed to have been done or taken under the corresponding proyi sions of this Act. Time limit for
finalising action
under the Act,
Over-riding
effect.
Repeal
saving.
and
PUNJAB GOVT GAZ. (EXTRA.), APRIL 5, 2004 31
(CHTR 16, 1926 SAKA)
(4) The one time settlement shall, however, be without any prejudice to the disciplinary action, as may be taken against the concerned officer or official of the Corporation, Municipal Council or Nagar Panchayat, as the case may he, who is found responsible for aiding or abetting such violation.
7. (I) The Commiss oner or the Executive Officer, as the case Time limit for may be, shall pass the final order and finalize the matter under this finalising action ord y y : : . der the Act,
Act within a period of six months after coming into force of this under © Act,
(2) After the expiry of a period of six months as specified in sub-section (I), there shall be no settlement of non-compoundable violations, which have not be n disclosed within the aforesaid stipulated period or if disclosed, but not finally settled within that period. Such violations shal be identified by the Commissioner or the Executive Officer, as t ase ay be, shall be demolished as per relevant law.
8. otwithstanding yt i g inconsistent contained in the Punjab unicipal Act, 191 Punjab Municipal Corporation Act, 1976 and the l s, regulations bye-laws made thereunder or in any other law t h Legislature, which is in force in the State of njab, h i s this Act shall have an over-riding effect.
Over-riding
effect.
9. (I) The P o im Voluntary Disclosure and Settle- Repeal and ment of V o of the B i n constructed in Violation of the e Building B aw in the Corporations and the Municipalities Ordinance, 2004 (Pun ab O n No. 1 of 2004), is hereby repealed.
(2) Notwithstanding such repeal, anything done or action taken under the O dinanc refe red to in sub-section (7), shall be deemed to have been done or taken under the corresponding provi- sions of this Act.
5
32
To Sir,
PUNJAB GOVT GAZ. (EXTRA.), APRIL 5, 2004 (CHTR 16, 1926 SAKA)
Application form for settlement of non-compoundable violations [See scctions 3 and 6 (2)J
The Commissionor/Executive Officer,
Municipal CorporationMunicipal Council/Nagar Panchayat, I/We have constructed a building which is in violation of the provisions of the Punjab Municipal Corporation Act, 1976/the Punjab Municipal Act, 1911 or the Building Bye-laws framed there under and which is a non-compoundable violation under the Punjab one-time Voluntary Disclosure and Settlement of Violations of the Buildings constructed in Violation of the Building Bye-laws in the Corporations and the Municipalities Act, 2004. The particulars of the said building are as under:
(a) Name and address of the Owner of the Building:
(b) Description of the Building:
(c) Total plot area:
(d) Date(s) and Year(s) of construction; FORM 'A'
(e) Total covered area to be (i)
regularized floor wise:
Basement
(ii) Ground floor
(ii) First floor
(iv) Second floor S0 on,
(f) Rates of compronise fee Rs. applicable ; and
(g) Total amount of composition fee (Indicate Bank draft No. Rs.
sft.
-sft,
-sft.
sft.
-Date
per sft,
U Z. E TRA.), A 5 2
#2 CH 1 192 A ) ORM 'A'
[S e t ns 3 6 (2 ] pplicat form fo se tlem nt o non-compoundable violations mmissioner/Executive Of i er,
Municipal Corporation/Municipal Council/Nagar Panchayat, Sir,
/W st ct d i hi s n h
provisions h j unicipal orporati n ct, 6/t e Punjab Municipal ct, 1911 h uil ye- s ram r - er hi s poundable o h
- me oluntar iscl sure lement iol t h
uil i gs st ct d n iolat h uil ye- s n h orporations h unic palit es ct, 4. rt l rs .the said building are as under:—
(a) e dress the wner of the Building:
escripti n
Building:
(c) Total plot area: |
(d) Date(s) and Year(s) nstr cti ;
) otal er
ulari ed r ise:
(i) asement (if) r r —_ sf (iif) First r - sft.
(iv) Second r sf
5 O ,
(f) Rates of compromise fee s. — er ft. applicable ;
(8) Total ount f Rs, —oiii oo eo compositi f (Indicate ank raft o, — Date —_—)
PUNJAB GOVT GAZ. (EXTRA.), APRIL 5, 2004
(CHTR 16, 1926 SAKA)
2. I/we hereby request that the said building may be consi dered for regularization in terms of the provisions of the Punjab One-time Voluntary Disclosure and Settlement of Violations of the Buildings construoted in Violat ion of he Building Bye-laws in the 3, I/we declare that no Government or municipal or public land, including road/street has been enoroached upon in the construction of the building.
4. I/we undertake and declare that the building constructed or any portion thereof, does not constitute any threat to the publio safety.
5. I/we also uwndertake to abide by and comply with all the conditions, which may be imposed while regularizing the aforesaid unauthorized building.
33
6. I/we solemnly affirm and declare that the aboye information is true and correct to the best of my/our knowledge and belief and the amount of composition fee deposited will be without prejudice to the final order/decision of the competent authority.
7. The following documents are enclosed herewith :
(a) Copy of ownership of document ;
(b) Copy of approyed building plan, if any;
(c) Plan of all the floors showing existing construction and arrangement of water supply and disposal of sewage;
(d) Elevation and Typical X-Section of the building; (e) Structural Safety Certificate given by the recognized Structural Engineer and
(f) Fire Safety Certificate. 4892 LR)-Govt Press, U. T., Chd. Yours faithfully,
(Signature/Thumb impression of applicant with date of submission and address).
M. M. AGGARWAL,
Seoretaryto Government of Punjab, Department of Legal and Legislative Affaira, Corporations and the Municipalities Act, 2004.
PUNJAB GOVT GAZ. (EXTRA), APRIL, 5, 2004
33
(CIITR 16, 1926 SAKA)
I S—
2. I/we hereby request that the said building may he consi- dered for regularization in terms of the provisions of t he Punjah
One-time Voluntary Disclosure and Settlement of Violations of the Buildings constructed in Violation of ihe Building Bye-laws in the Corporations and the Municipalities Act, 2004.
3. 1/ e declare that no Government or municipal or public land, including road/street has been encroached upon in the construction of the building.
4. I/we undertake and declare that the building constructed or any portion t ereof, does not constitute any t reat t t e public safety.
5. I e al undertake t bi e b ply ith al t e onditions, hich ay e posed hile gularizing f resaid nauthorized uilding.
6. w nly m declare that the above information is true rrect est y/our knowledge and belief and the ount of mposition posited il without prejudice to the final er/decision competent authority.
7. The owi ents enclosed herewith :— ownership of document ;
approved building plan, if any; c h floors showing existing construction arrangement water supply and disposal of sew e;
(d E t an Typical X-Section of the building;
(e) Structural Safety Certificate given by the recognized Structural ngine r; and
(f) F re S y Certificate. Yours faithfully,
(Signature/Thumh impression of applicant with date of submission and address).
M M AGG AL,
Secretary to Government j Department o hein f Legal and Legisiatj i
4892 LR(P)—Govt Press, U. T., Chd. Bilsiie Aifsive.
7