The Punjab Regional and Town Planning and Development Act,1995

Presentation is an overview in brief of the provisions of The Punjab Regional and Town Planning and Development Act,1995 including its objectives, typogies of authorities, planning framework and functions of Authorities. However, paper does not cover its critical appraisal

1. The PUNJAB REGIONAL AND TOWN PLANNING AND DEVELOPMENT ACT, 1995 Jit Kumar Gupta Former Advisor( Town Planning) PUDA [email protected]

2. Urbanisation - context

3. Population Scenario- India-2011 Population of India reached 250 million in 1919 500 million in 1966 (47 yrs. Later) 1000 million in 2000 ( 34 yrs. Later) 1027 million in 2001 (1yr Later) 1210 million in 2011 (10 yrs. Later) Last century recorded 5 fold increase in population 2050- Indian population --1800 million with 50% living in Urban India. Urban India- 285.39 million in 2001 (5161 towns) 377 million in 2011- (7935 towns) Metropolitan Centres -5 (1951)- -53 (2011)-68(2031) 10 m plus- nil (1951)- 3 (2011) -7 (2031)-9 (2051) Greater Mumbai with 18.37 million - most populous city (2011). Urban India first time added more persons(91m) as compared to Rural India(90m)

4. Indian Urbanization Urban area are important because they are : Areas of future concentration of population, Providers of large employment. Areas of large investment. Housing major infrastructure & services. Hub around which entire economy gravitates. Promoters of higher order of productivity Major contributors to the national wealth/GDP 1950-51 - 29% (level of urbanization - 17.29%) 1970-71- 37% (level of urbanization - 19.91%) 1990-91- 50% (level of urbanization - 25.72%) 2001-02- 60% (level of urbanization - 27.78%) 2011- 12- 65% (level of urbanization - 31.1%) 10 Largest cities house 8%pop and produce 15%GDP 53 Metro cities house 13 %pop and produce 33%GDP 100 Largest cities house 16%pop and produce 43%GDP

5. State of World’s Cities UN Habitat Report, State of World’s Cities 2008/2009- Harmonious Cities, defines cities in terms of - - Cities contain both order and chaos. In them reside beauty and ugliness--virtue and vice. They can bring out best or worst in human kind. They are physical manifestation of history and culture They are incubators of innovations, industry, technology, entrepreneurship and creativity. Cities are materialization of humanity’s noblest ideas, ambitions and aspirations, but when not planned or governed properly, can be repository of society’s ills. Cities drive national economies by creating wealth, enhancing social development and providing employment but they can also be breeding grounds for poverty, exclusion and environmental degradation.

6. Urbanization-issues

7. CONFLICT BETWEEN MAN& MACHINE

8. Urban Travel

9. GARDEN CITY

10. VERTICAL CITY- PARIS

11. SDG 11- Make cities and human settlements inclusive ,safe, resilient and sustainable

12. THE PUNJAB REGIONAL AND TOWN PLANNING AND DEVELOPMENT ACT.1995

13. Punjab Rtpd , act, 1995 Punjab Act No. 11 of 1995 Notification --The 26th May, 1995 No. 11-Leg./95. – Received the assent of the President of India-- on the 24th May, 1995 Extends to the whole of the State of Punjab Legislative History 1. Amended by Punjab Act 4 of 1996 (Notification dated 17-04-1996). 2. Punjab Act No. 13 of 2003 (Notification dated 06-05-2003). 3. Punjab Act No. 30 of 2006 (Notification dated 27-10-2006).

14. Punjab Rtpd , act, 1995- NEED Rapid urbanisation in the State of Punjab Uncontrolled, Unplanned and haphazard urban development Absence of basic amenities of life in urban context Mushrooming of slums and Mushrooming of Development on periphery/along major arteries of the state Absence of a law providing for preparation/implementation of Master Plans/ Regional Plans Multiplicity of law s/agencies dealing urban development in a fragmented way with overlapping areas of operation Absence of any effective planning and development agency at the state level and local level to guide the planned development Absence of planning/development/management legal framework for urban development Neglect of housing due to lack of developed land and divorce between housing and urban deplopment Non- availability of financial resources for urban development Need to meet the urban challenges and provide a comprehensive framework for planned development of urban areas and rural areas- through urban and regional context Government of India stressing need for creating comprehensive legal framework

15. Punjab Rtpd , act, 1995- Objectives To minimise multiplication of urban development laws in state of Punjab To create a comprehensive law dealing with different aspects of Urban Development in State To set up a administrative structure- for regulating the urban development process To create a high powered Board- PRTPD- to aid , advise and assist state govt to guide the planning & Development authorities to promote planned development of the Urban/Rural areas To set up a state level authority-PUDA- to Promote planned development of regions/cities To create local level authorities – SUDA/NTDA for securing planned development at local level/ New Towns To create a legal/administrative/planning/development framework for preparing/implementation of Regional/Master Plans To make urban development process self-sustaining and self- financing To regulate land development, construction of housing and promoting R&D in materials/ state of art construction technologies To regulate unplanned/haphazard/mushroom development along scheduled roads/ bye- passes To prepare Town Development scheme bases on land pooling for promoting new development/provision of infrastructure/ development of core areas

16. preamble An Act to make provision for ; --better planning and regulating the development and -- use of land in planning areas delineated for that purpose, ii for preparation of Regional Plans and Master Plans and implementation thereof; iii for the constitution of a State Regional and Town Planning and Development Board-- for guiding and directing the planning and development processes in the State; iv for Constitution of -- a State Urban Planning and Development Authority, -- Special Urban Planning and Development Authorities at local leveland -- New Town Planning and Development Authorities, -- for the effective and planned Development of planning areas and -- for undertaking planned urban development -- and housing programmes and -- schemes for establishing new town; -- and for matters connected therewith or incidental thereto

17. Prtpda —Contents CHAPTER I-- PRELIMINARY CHAPTER II-- ESTABLISHMENT OF THE PUNJAB REGIONAL AND TOWN PLANNING AND DEVELOPMENT BOARD CHAPTER III---- ESTABLISHMENT OF THE PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY, SPECIAL URBAN PLANNING AND DEVELOPMENT AUTHORITIES AND NEW TOWNS PLANNING AND DEVELOPMENT AUTHORITIES CHAPTER IV---- RELATIONS BETWEEN THE STATE GOVERNMENT, THE AUTHORITY AND THE LOCAL AUTHORITIES ETC. CHAPTER V--- ACQUISITION AND DISPOSAL OF LAND BY THE AUTHORITY CHAPTER VI --POWER TO EVICT PERSONS FROM PREMISES OF THE AUTHORITY CHAPTER VII-- FINANCE, ACCOUNTS AND AUDIT OF THE ACCOUNTS OF THE AUT HORITY

18. Prtpda --Contents CHAPTER VIII--- PLANNING AREAS AND PLANNING AGENCIES CHAPTER IX-- REGIONAL PLANS CHAPTER X-- PREPARATION AND APPROVAL OF MASTER PLANS CHAPTER XI-- CONTROL OF DEVELOPMENT AND USE OF LAND IN THE AREA WHERE MASTER PLAN IS IN OPERATION CHAPTER XII ---TOWN DEVELOPMENT SCHEMES CHAPTER XIII--- LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE AND BETTERMENT CHARGE CHAPTER XIV--- CONTROL AND DEVELOPMENT ALONG SCHEDULED ROADS CHAPTER XV --ABOLITION OF THE PUNJAB HOSUING DEVELOPMENT BOARD AND TRANSFER OF ITS ASSESTS AND LIABILITES CHAPTER XVI-- INSPECTION AND PENALITIES CHAPTER XVII-- MISCELLANEOUS

19. Prtpda --structure Act has been divided into three distinct parts Part-1- Administration and Management of urbanisation-- Defines different Authorities mandated to be driver of planned development --the Punjab Regional and Town Planning Board , PUDA, SUDA, NTDA including their;- establishment, amalgamation, bi- furcation / dissolution, Structure, constitution, Functions, meetings , conducting day to dty business staff, associating individuals/forming committees, relation with state Government, local authorities Acquisition and disposal of land, power to evict persons from the property of Authority, Finance , audit and Accounts of the Authority Part-2- Planning of Urban/Rural Areas- -- Planning Areas and Planning Agencies --Regional Plans/ Master Plans - preparation & Control of development/use of land in Regional Planning/Master Plan area -- Town Development Scheme- preparation and Implementation -- Levy and Assessment of Better Charges & Development Charges - Control and Development along Scheduled Road Part -3 – Miscellaneous --Abolition of Punjab Housing Development Board and transfer of Assets, Inspection and Penalities , Repeal of laws, Serving of Notices, Immunity for the employees in relation to official work, Exemptions, Power to make Rules, Regulations -

20. Prtpda —Chapter- i Definitions

21. Definitions “ Authority” means the PUDA / SUDA /NTDA “ building” means any construction /part of a construction intended to be used for residential, commercial, industrial or other purposes, whether in actual use or not, and includes any out-house, stable, cattle shed and garage; “ Competent Authority”-- any person /authority appointed by State Government, by notification, to exercise and perform all/any powers /functions of competent authority under this Act : - --Provided that in relation to an area falling under Municipal Corporation the powers of the Competent Authority under Chapter XI of this Act, except the powers in respect of change of land use shall be exercised/performed by Municipality / Municipal Corporation in whose jurisdiction such an area falls ; “ local authority” means a Municipal Corporation, a Municipal Committee, a Municipal Council, a Town Improvement Trust, a Cantonment Board, a Zila Parishad , Panchayat Samiti or a Gram Panchayat , or, any other authority entrusted with the functions of a local authority under any law for the time being in force ; (u) Master Plan ” means Master plan prepared under this Act and includes a New Town Development Plan (y) “operational construction”-- temporary /permanent, necessary for operation, maintenance, development or execution of any of the services, namely :- ( i ) railways ; (ii) national highways ;(iii) national waterways (iv) airways and aerodromes ; (v) posts and telegraphs, telephone etc (vi) regional grid for electricity ; (vii) any other service which the State Government may, if it is of opinion that the operation, maintenance, development or execution of such other service is essential to the life of the community, by notification,

22. Definitions “ Planning Agency” means -- PUDA --SUDA --NTDA --local authority --T&CP Wing of Department of HUD— -- designated as such by the State Government under section 57 of this Act for a planning area ; “Planning area” means -- a regional planning area, -- a local planning area or -- a site for a new town declared as such under section 56 of this Act “ Regional Plan” means a Regional Plan prepared under Chapter IX of this Act

23. Prtpda —Chapter-ii CHAPTER II--- ESTABLISHMENT OF THE PUNJAB REGIONAL AND TOWN PLANNING AND DEVELOPMENT BOARD

24. The Punjab Regional and Town Planning and Development Board The Punjab Regional and Town Planning and Development Board shall consist of a;-- Chairman-- Chief Minister, Punjab Vice Chairman-- Minister-in-charge of Housing and Urban development Member-Secretary -- The Secretary to Government of Punjab, Housing and Urban Development (a) not more than twelve ex officio members -- nominated by State Government from amongst--- Ministers including Ministers-in-charge of Housing and Urban Development and Local Government and Secretaries to Government of Punjab including Secretary to Government of Punjab, Department of Local Government and other officers of the State Government ; and (b) not more than 3 non-official members --nominated by State Government -- persons having special knowledge /practical experience in housing, engineering, regional and town planning, development / management in absence of Chairman/Vice-Chairman --any member of Board -- nominated by Chairman shall preside over meeting of Board. Appointment of members nominated under clauses (a) and (b) of sub-section (1) of this section shall be notified by State Government in Official Gazette and they shall be entitled to receive such remuneration or allowances or both as State Government may prescribe. (5) members of the Board shall hold office at the pleasure of the State Government.

25. he Punjab Regional and Town Planning and Development Board Board headquarters -- at such place-- as notified by State Government from time to time. 11.(1) Board to meet at such times / places as the Chairman may determine (2) decision shall be-- by a majority of votes of members present /voting -- in case if equality of votes- person presiding shall have a second/casting vote. (3) Five members shall form quorum--Provided if a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting for transacting same business --Provided that a notice of adjourned meeting shall be sent to all members of Board. (4) members present / proceedings at each meeting shall be kept in a book to be maintained -- signed at next meeting by person presiding at such meeting. (5) copy of proceedings sent to State Government within fifteen days after meeting is held.

26. the Punjab Regional and Town Planning and Development Board 12 Member-Secretary to arrange transaction of business/authenticate orders/discharge such functions Board assigned to him by Board under its regulations. 13. Government on request of Board- may make available such staff for performance of functions 14.(1) Functions of Board - to advise State Government on matters relating to- -- planning, development --use of urban and rural land -- perform functions as Government assign to it. 15.(1) Board may associate- - any person whose assistance /advice it may require in performing any of its functions under this Act - appoint one or more Committees for securing efficient discharge of its functions.

27. CHAPTER- III CHAPTER III— ESTABLISHMENT OF THE PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY-- PUDA SPECIAL URBAN PLANNING AND DEVELOPMENT AUTHORITIES - SUDA NEW TOWNS PLANNING AND DEVELOPMENT AUTHORITIES- NTDA

28. Development authorities -- punjab

29. PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY- PUDA Government to establish an Authority- known Punjab Urban Planning and Development Authority- with headquarters at such place as government may specify (2) The Authority- - shall be a body corporate– --a local authority - having perpetual succession and a common seal --with power to acquire, hold / dispose of property, both moveable / immovable -- and to contract; and -- shall, by said name, sue and be sued

30. PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY- PUDA Authority shall consist of members appointed by State Government, :- ( i ) a Chairman – Chief Minister ( i -a) Co-Chairman- Minister for HUD (ii) a Vice – Chairman – Secretary HUD (iii) a Chief Administrator– amongst officers of Government of Punjab-- having prescribed qualifications/ experience -not more than twelve and not less than six official and non-official members including Secretaries Local Government / Town and Country Planning: Provided that the number of non-official members shall not, any time exceed three. Term of office / conditions of service of the members shall be as prescribed. Chief Administrator /any other member entitled to receive from fund of Authority such salary and such allowances-- as may be prescribed. members of authority shall hold office during pleasure of State Government

31. PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY- PUDA The Authority shall meet at such times/ places / observe such procedure to transaction business as provided by regulations At every meeting , Chairman, if present/ in his absence, the Co-Chairman/ in his absence, Vice-Chairman/ if Vice-Chairman is also not present-- then any of its members, whom members present may elect, shall preside All questions shall be decided by a majority of votes of members present / voting- with member presiding l have a second or casting vote. (4) Minutes / members present/proceedings at each meeting in a book to be maintained for the purpose/ signed at next meeting by member presiding (5) quorum shall be-- one-third of the number of members actually serving-- but not less than four : -- when meeting adjourned for want of quorum-- no quorum shall be necessary at the next meeting for transacting the same business : 22. The Chief Administrator shall be --Chief Executive of the Authority and shall arrange transaction of business of Authority/ authenticate orders / decisions of the Authority/ discharge other functions of the Authority- as may be assigned under its regulations

32. PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY- PUDA 23. Authority may, -- appoint committees associate any person -- for securing efficient discharge of functions/ ensuring efficient maintenance of public amenities / execution of development works and projects. 26.--- appoint such number of officers / employees / experts for technical/ legal work-- as may be necessary for efficient performance of its functions and -- may determine their designations and grades -Receive such salaries and allowances -- governed by such conditions of service as may be determined by regulations -- made in this behalf by the Authority. --

33. PUDA- OBJECTIVES 28.(1) The objects of Authority shall be to --- promote/ secure better planning /development of any area of State -- acquire by purchase/ transfer/ ex-change / gift / to hold / manage, plan, develop / mortgage /dispose of land / property - carry out itself/ in collaboration /through any other agency to execute works of supply of water/disposal of sewerage, control of pollution and other services / amenities. (2) Authority itself/ in collaboration with other agency /through any other agency on its behalf,- ( i ) preparation /implementation of Regional Plans, Master Plans and New Township Plans and town improvement schemes ; (ii) undertake work relating to amenities/services in urban areas/promotion of urban development construction of houses ; (iii) promote R&D in new techniques of planning/land development /house construction /manufacture of building material ; (iv) promote companies/association/other bodies for purposes of Act ; (v) perform functions supplemental/ incidental / consequential to any of the functions referred above --

34. Special Urban Planning and Development Authority- suda 29.(1) When Government is of opinion that -- development of any areas with such adjacent area will be best served by entrusting work of development/ redevelopment --- to a Special Authority, instead of PUDA -- Government may, constitute an Authority for such area -- SUDA -- all the powers / functions of PUDA relating to development/ redevelopment of area , shall be exercised and performed by the SUDA -- notification to define limits of area to which it relates. (3) SUDA shall consist of, :- ( i ) a Chairman ; (ii) a Chief Administrator – an officer of Government having prescribed qualifications /experience (iii) other members not exceeding ten to be appointed by Government with minimum three members from local authority/ authorities functioning in jurisdiction of SUDA -- out of above members, Government may appoint a co- Chairman and Vice- Chairman :

35. Special Urban Planning and Development Authority-SUDA Every SUDA constituted shall be a -- body corporate as well as a local authority -- known by the name aforesaid, --having perpetual succession and a common seal , -- with power to acquire , hold and dispose of property both movable and immovable and contract and by said name sue/ be sued. (5) The provisions of this Act shall mutatis mutandis apply to SUDA as they apply in relation to the PUDA -- with modification that references to PUDA, shall be references to the SUDA

36. Special Urban Planning and Development Authority- SUDA 30.(1) Government when satisfied -when in Public interest-- by notification, designate any local authority functioning in a planning area to be SUDA for that area or any part thereof -- thereupon all powers/ functions of PUDA relating to that area shall be exercised by such local authority. (2) powers exercised / functions performed by Chairman of the Authority-- shall be performed Mayor for a Municipal Corporation & President in Municipal Council and Chairman of Improvement Trust those of CA by Chief Executive Head, of the Municipal Corporation or the Municipal Council, or the Improvement Trust,

37. Development authorities -- punjab

38. NEW TOWN Planning and Development Authority- NTPDA 31. Where State Government considers; -- object of proper planning /development of a new town will be best served by entrusting work to a Special Authority, instead to the PUDA, -- may, constitute New Town Planning and Development Authority -- thereupon, all powers/ functions of PUDA relating to development of that site shall be exercised / performed by such NTPDA --(2) NTPDA shall be a -- body corporate / local authority by the name aforesaid -- having perpetual succession and a common seal, -- with power to acquire, hold and dispose of property, both moveable / immoveable / contract/sue /be sued. (3) NTPDA consist of :- ( i ) a Chairman ; (ii) a Chief Administrator -officers of the Government (iii) other members -not exceeding ten -appointed by the Government. (4) Provisions of this Act shall mutatis mutandis apply to a NTPDA as applied to PUDA

39. Merger of two or more sudas 1. State in consultation with PRTPB may merge two or more SUDA s into a single SUDA -- with constitution, property, powers, rights, interest, authorities and privileges, liabilities, duties and obligations, as may be specified in the notification notification to define limits of area and -- date from which amalgamation shall be effective. -- continuance in service of all employees of transferor SUDA in transferee SUDA at same/ remuneration / conditions of service, -- other terms / conditions for the amalgamation of -- the continuance of pending legal proceedings by or against any transferor SUDA; -- such provisions to give effect to the amalgamation. -employees have option of refusal to serve new SUDA and seek opting out with all benefits entitled 2. State has power to exclude any area from any SUDA and constitute a new SUDA for that area along with assets and liabilities 3. State has also power to dissolve any SUDA with all assets/liabilities transferred to Govt.

40. prtpa —CHAPTER- IV - RELATIONS BETWEEN -- THE STATE GOVERNMENT, -- THE AUTHORITY AND -- LOCAL AUTHORITIES ETC.

41. Relations between Agencies ULB--Area developed by Authority to be transferred to concerned ULB for maintenance of services/amenities provided- streets/amenities/ public spaces- on terms/conditions agreed. In case of dispute, matter referred to Govt for decision 36-Improvement Trusts- -State may by notification; - dissolve any Improvement Trust on a day specified - All assets/liabilities/employees shall stand transferred to the Authority specified 41- State Power to Inspect/direct authority; -- Govt may issue directions for efficient functioning --Depute an officer to inspect/examine/seek report /call for documents/estimates etc -Authority to furnish to Govt. such reports /returns / information- as state may require from time to time

42. PRTPDA—CHAPTER-- V ACQUISITION AND DISPOSAL OF LAND BY THE AUTHORITY

43. Acquisition of land 42.(1) When any land -- except land owned by Central Government - required by Authority State Govt. on request of Authority, -- proceed to acquire - under Land Acquisition Act, 1894, -- on payment of compensation awarded and of any other charges incurred -- land shall then vest in Authority. (2) Authority shall be deemed to be a local Authority

44. Disposal of land 43 (1) Subject to directions by State Government , Authority may dispose of land – -- with/without undertaking any development to such persons, in such manner /on such conditions as it considers expedient -- specify Conditions regarding completion of buildings -- specify extension of period for completion /payment of fees for such extension --No land to be disposed off by way of gift, -- disposal of land by -- sale, exchange, lease or by the creation of any easement, right or privilege or otherwise. - by auction, allotment or otherwise any land or building -- consideration money paid as determined by Authority -- land / building shall continue to belong to Authority until entire amount due is paid., -- transferee shall not transfer any of his rights except with previous permission of Authority ---- which may be granted on such terms /conditions /on payment of such fee as may be determined by Authority.

45. Disposal of land- default in payment 44.-- In case of default in payment of rent due/consideration money/ instalment/any fees / contribution payable Estate Officer by giving notice; -- order resumption of land/building -- forfeiture of money, if any, paid not exceeding ten per cent of total amount of consideration money, interest and other dues payable in respect of transfer -- impose penalty not exceeding amount due in addition to amount of arrears-- a sum not exceeding that amount recovered by way of penalty : Providing reasonable opportunity of being heard --In case of default in payment of any amount, amount recovered as arrears of land revenue --Appeal against order of EO lies to Chief Administrator- who may confirm, vary or reverse the order passed by EO --Appeal against order of Chief Administrator,, within thirty days lies to State Government for revision -- State Government may confirm/alter/rescind CA order.

46. PRTPDA—CHAPTER-- VI CHAPTER VI-- POWER TO EVICT PERSONS FROM PREMISES OF THE AUTHORITY

47. Eviction of a person 46. Estate Officer when satisfied- that any person authorised to occupy has,- not paid rent for a period of more than two months ; or sublet, without the permission whole/part of such premises acted in contravention of any of the terms of allotment that person is in un-authorised occupation of any premises ; person has not vacated any premises which has been resumed --EO may ask to vacate them within a period of thirty days after person has been afforded an opportunity to show cause In case of refuses or fails to Estate Officer may evict that person and take possession of, the premises . If a person, within a period of thirty days/extended time pays / otherwise complies with the order of Estate Officer, may cancel his order --such person shall hold premises on the same terms on which he held them immediately before such notice was served on him Appeal against the EO order available with Competent Authority

48. PRTPDA—CHAPTER-- VII -- FINANCE, ACCOUNTS AND AUDIT OF THE ACCOUNTS OF THE AUTHORITY

49. Fund of authority 49.(1) Authority shall maintain its own fund to which shall be credited money received - -- from State/Central Government as grants, loans, advances or debentures ; -- fees received ; -- from disposal of lands/ buildings/ properties -- rent/ profits/ in any other manner/ from other source; -- execution of any town development scheme. (2) Funds of Authority shall be applied towards meeting expenditure incurred in— --- administration, implementation /carrying out provisions of this Act; -- cost of acquisition of land for the purposes of this Act; -- expenditure for development of land /construction of houses ; -- expenditure for purposes-- as State Government may direct/ permit. (3) Authority to keep fund in any Scheduled Bank/ Apex Co-Operative Bank / Central Co-Operative Bank. (4) Authority may invest any portion of fund – in such securities/ manner as determine (5) income resulting from investments/ proceeds credited to the fund of Authority

50. Fund of authority State Government may give-- grants, advances / loans to the Authority, for the performance of its functions under this Act 51. -- borrow money by - loans and debentures or bonds or from sources, other than State Government, (2) -- advance money-- for constructing buildings for residential, industrial or commercial purposes. 52. -- prepare a budget next financial year forward to State Government . 53-- maintain proper accounts / relevant records / prepare an annual statement of account/ balance sheet -- cause its accounts audited annually by qualified auditors -- send Copy of audited account /audit report to State Government /published in prescribed manner. (4) Government may order concurrent/special audit of accounts by such person or authority as it thinks fit. (5) Government to lay copy of audit report before State Legislature. 54. Authority to prepare yearly report of activities and submit to State Government, in such form/ date prescribed.-- Report laid before House of the State Legislature. 55. Authority , for benefit of officers/employees constitute provident fund as it may deem fit.

51. PRTPDA—CHAPTER-- VIII PLANNING AREAS AND PLANNING AGENCIES

52. PLANNING aREA 56.(1)[ State Government -- declare any area in State to be planning area-- -- Regional planning area, -- local planning area -- site for a new town -- Before declaration Government to consider such matters prescribed– to indicate limits/ name of area Except exempted- abadi deh , operational construction- etc- no person after notification till date, Regional Plan /Master Plan comes into operation -- institute /change of land use --carry out development --without previous permission of Competent Authority sections 67/68 to apply for grant of such permission: - state may change boundaries of planning area- following procedure

53. Designated PLANNING agency- dpa 57. Soon after declaring Planning area– Government to designate a planning agency 58. (1) Designated Planning Agencies to work under directions/control of Government (2) State Govt. may assign functions to Planning Agency, ,- ( i ) carry out survey of planning area/ prepare reports of surveys (ii) prepare an existing land use map/other maps--necessary for preparing regional plan/ master plan/ a new town development plan; (iii) prepare Regional plan/master plan/ new town development plan; (3) DPA to exercise such powers -- necessary for carrying out its functions/ perform functions supplement, incidental/ consequential functions as state may specify.

54. 59 DPA – not later than six months after designation/ extend time, prepare a present land use map -- indicating present use of every piece of land in planning area (2) After preparation of present map/ register --, DPA to publish a public notice of preparation of map / register-- place / places where copies may be inspected -- inviting objections in writing from any person within thirty days of publication notice. (3) Consider all objections/ affording opportunity of being heard -- making such modifications in map/ register considered appropriate -- adopt map and register. (4) after adoption of map / register DPA- to publish a public notice of publication of map / register -- place / places where copies may be inspected and -- submit copies to State Government. also published in Official Gazette publication in Official Gazette -- conclusive evidence map / register have been duly prepared /adopted 60- Govt to determine cost/share of ULB/Authority/Govt- for payment 59.(1) *[P reparation of present land use map, - As soon as may be, the Designated Planning Agency shall, but not later than six months after its designation or within such time, as the State Government may, from time to time, extend, prepare a present land use map in the form, to be prescribed indicating the present use of every piece of land in the planning area.] (2) After the preparation of the present land use map and register under sub-section (1), the Designated Planning Agency shall publish a public notice of the preparation of the map and register and of the place or places where copies of the same may be inspected, inviting objections in writing from any person with respect to the map and register within thirty days of the publication of such notice. (3) After the expiry of the period mentioned in sub-section (2), the Designated Planning Agency, after allowing a reasonable opportunity of being heard to all the persons, who have filed the objections and after considering all the obj-ections filed and after making such modifications in the map or register or both as it considers proper, adopt the map and register. (4) As soon as may be after the adoption of the map and the register under sub-section (3), the Designated Planning Agency shall publish a public notice of the publication of map and register and the place or places where the copies of the same may be inspected and shall submit copies of the map and register to the State Government. (5) A copy of public notice published under sub-section (4) shall also be published in the Official Gazette and the publication of the public notice in the Official Gazette in - 33 - respect of the map and register shall be conclusive evidence that the map and register have been duly prepared and adopted P reparation of present land use map

55. PRTPDA—CHAPTER-- IX REGIONAL PLANS

56. Regional Plan 61. State Government for securing -- planned development/ use of land in a RPA -- get surveys carried-out, necessary maps/report prepared -- for Preparing a Regional Plan -- with such/ documents/ maps / information as it for explaining the provisions of Regional Plan. -- Regional Plan to indicate the manner -- in which land in planning area should be used -- stages by which development to be carried out -- net work of communications and transport, -- conservation/ development of natural resources, -- other matters having important influence on development of Regional Planning area RP to provide for all/any of following matters-as state direct

57. Regional Plan a) demarcation areas for agriculture, forestry, industry, mineral development, urban and rural settlements and other activities (b) reservation for open spaces, recreation, reserves, animal sanctuaries, dairies and health resorts ; (c) transport and communication network such as roads, highways, railways, waterways, canals and airports (d) water supply, drainage, sewerage, sewage , amenities and services including electricity and gas ; (e) sites for new towns/ industrial estates/projects required for proper development of regional planning area ; (f) preservation, conservation and development of areas of natural scenery, forest, wild life, * [natural resources, land- scaping (g) **[ preservation of objects, features, structure or places of historical, natural, architectural or scientific interest, educational value and heritage site

58. Regional Plan (h) areas required for military and defence purposes ; ( i ) prevention of erosion, provision for afforestation or re-forestation, improvement and redevelopment of water front area, rivers and lakes ; (j) irrigation, water supply and hydro-electric works, flood control and prevention of river pollution ; and (k) re-allocation of -- population/ industry-- from over- populated and industrially congested area -- indicating density of population -- concentration of industry to be allowed .

59. Regional Plan- APPROVAL/NOTIFICATION 63 DPA after carrying surveys /preparing maps -- prepare /publish a draft Regional Plan making copy available for inspecting -publish a notice inviting objections /suggestions before specified date- (2) Any person may file objections / suggestions, (4)DPA -- after hearing etc, persons, filing objections /suggestions -- finalise draft regional plan /send to State Government for consideration along with the objections/comments (10) Government may approve DRP with / without modifications, in consultation with Board. 64. after approval- DPA to publish notice that RP has been approved, place, where copy inspected date on which Plan shall come into operation ; Regional Plan may be revised after 5 years of coming into operation of plan

60. Greater Mohali Regional Plan

61. PERMISSION TO USE LAND IN PLANNING AREA 67.(1) Every person / Department of State/ Central Government desiring to obtain permission --make application to CA in such form accompanied by such fee -- Provided that no fee payable by State /Central Government. -- On receipt / after making such enquiry considered necessary, -- grant permission, subject to such Conditions and for such period, as may be specified in the order or --refuse to grant such permission. No permission -shall be granted otherwise than in conformity with the provisions of draft Regional Plan / the Regional Plan– -- Where permission refused -reasons of refusal recorded in writing and communicated to applicant in prescribed manner. (6) Competent Authority --shall keep a Register of applications received for permission (7) Register –to contain particulars / as may be prescribed and -- made available for inspection by any member of the public -- at all reasonable hours on payment of such fee as may be prescribed

62. PERMISSION TO USE LAND IN PLANNING AREA 68.(1) person aggrieved by an order passed under section 67 -- appeal, within thirty days to State Government in such manner /payment of prescribed fee (2) State Government-- after giving reasonable opportunity to appellant /Competent Authority pass an order --dismissing appeal or -- accept appeal by:- ( i ) granting permission unconditionally ; or (ii) granting permission subject to such condition as it may think fit:-* --[ Provided grant of permission -- whether conditional or otherwise--, shall be in conformity with the provisions of the Regional Plan (3) decision of Government on appeal shall be final and shall not be questioned in any court. 69. Any person-- who contravenes -- provisions of sub-section (6) of section 56 or subsection (2) of section 64 --shall be punishable with imprisonment for a term - which may extend to three years or a fine which may extend to ten thousand rupees --or with both, -- in case of continuing contravention --with a further fine which may extend to one thousand rupees for every day --after date of first conviction--- proved to have persisted in the contravention.

63. PRTPDA—CHAPTER-- X PREPARATION AND APPROVAL OF MASTER PLANS

64. MASTER PLAN- PREPARATION AND APPROVAL 70.(1)Soon after declaration of Local planning area/ designating DPA- --DPA, not later than one year/extended time after such declaration -- submit to Government for approval of “Master Plan” -- Master Plan so prepared shall – (a) indicate broadly manner in which land in area should be used ; (b) allocate areas -- for use for different purposes ; (c) define / provide existing/ proposed highways, roads, major streets (cc)indicate areas under heritage site --manner for protection, preservation and conservation of such site including its regulation shall be carried out. (d) “Zoning Regulations”-- to regulate location, height/storeys /size of buildings, open spaces / use of building, structures and land. (2) Master Plan--- shall include such maps /descriptive matters --necessary to explain and illustrate proposals in Master Plan. (3) S oon after Master Plan is prepared by DPA- -- Government directs DPA- publish existing land use plan /master plan -- place / places, where copies inspected for inviting objections with respect to existing land use plan /master plan --within a period of thirty days from the date of publication -- Government-considering objections in consultation with Board, -- direct the DPA to modify Master Plan /approve as such

65. MASTER PLAN- PREPARATION AND APPROVAL (5 ) DPA after approval of Government -- shall publish final Master Plan in the Official Gazette, after carrying out the modifications if any, under intimation to the State Government within thirty days from date of according approval by State Government 75. Coming into operation of Master Plan,- Master Plan comes into operation from the date of publication. 76(1) after Master Plan comes into operation, and At least once after every ten years -- DPA after carrying out fresh surveys- prepare / submits--Master Plan after making alterations /additions considered necessary (2) Provisions of Sections 70 /75 to apply to Master Plan submitted 77 DPA, with prior approval of Government make minor changes in Master Plan, to correct typographical /cartographical errors /omissions, Provided -- no such change made unless -- in public interest and notified to public. 78. After designation of a site for a new town and --- after the designation of a Planning Agency -- DPA shall prepare a Master Plan -- for new town -- provisions of Sections 70/75 shall apply to such Master Plan.

66. Punjab at a Glance--MASTER PLANs Total Cities in Punjab by Category– 237 A--Statutory Towns (Cities) = 168 a) Municipal Corporations = 10 b) Municipal Councils = 96 c) Nagar Panchayats = 59 d) Cantonment Boards = 3 B--Census Towns = 69 Total Towns = 237 So far Master Plans of 36 towns have been prepared GMADA-12, GLADA-6,BDA-4, ADA-7,JDA-5, PDA-2 Bathinda with 21 towns is the district with largest number of towns. Pathankot , the district with lowest number of towns having only two towns -- Pathankot and Sujanpur . There are 2 metropolises in Punjab -- out of 53 in country- Ludhiana, Amrisar There are ---20 class-1 towns in Punjab Ludhiana is the most populated city in Punjab- 16,18,879- 2011 Level of Urbanisation is 37.5% with urban population standing at 1.04 crore .—census of 2011,

67. AMRITSAR MASTER PLAN 2031

68. To Ajnala To Ranian To Loharka To Fatehgarh Churian To Majitha To Pathankot To Sri Hagobindpur To Jalandhar To Khemkaran To Jhabal LAYER-II B: AREA SOUTH OF RAILWAY LINE PROMOTING PLANNED DEVELOPMENT THROUGH PROVISION OF BASIC INFRASTRUCTURE FORMULATION OF MORE PLANNED SCHEMES CREATING HIGHER DEGREE OF ECONOMIC TRIGGERS BETTER URBAN RURAL INTEGRATION LAYER-I : WALLED CITY AREA TO BE DECLARED AS HERITAGE ZONE, DECONGESTION DETAILED STRATEGIES : AMRITSAR PLANNING AREA Rajasansi International Airport LAYER-II A : AREA NORTH OF RAILWAY LINE CONROLLING CONVERSION OF LAND USE RETAINING BASIC CHARACTER OF AREA AS LOW RISE LOW DENSITY DEVELOPMENT LAYER-III & IV: AREA OUTSIDE MC LIMIT PROMOTING PLANNED DEVELOPMENT THROUGH A WELL DEFINED ROAD NETWORK DEVELOPMENT TO BE FOCUSSED IN THE URBAN/RURAL SETTLEMENT. DEVELOPMENT TO BE HIGHLY COMPACT ALL URBAN AND RURAL SETTLEMENTS TO BE DEVELOPED IN A WELL DEFINED HIERARCHY TO MINIMIZE CONVERSION OF AGRICULTURAL LAND INTO NON AGRICULTURAL USE DEVELOPMENT PATTERN TO PROMOTE HIGH DEGREE OF INTERFACE BETWEEN RURAL AND URBAN SETTLEMENTS DEVELOPMENT OPTION TO PROMOTE SELF CONTAINED DEVELOPMENT WITH MINIMUM MIGRATION TO AMRTSAR.

69. PRTPDA—CHAPTER-- XI CONTROL OF DEVELOPMENT AND USE OF LAND IN THE AREA WHERE MASTER PLAN IS IN OPERATION

70. CONTROL OF LAND IN MASTER PLAN 79. After coming into operation of Master Plan— - no person shall use /permit to be used any land -- carry development otherwise than in conformity with such Master Plan : --CA may allow continuance of use of land, upto ten year, on terms and conditions provided by regulations 80. After operation of Master Plan-- no development / change of use of, any land undertaken / carried out, in that area - (a) without obtaining permission in writing (b) without obtaining certificate from CA -- certifying that development charge/ betterment charge as leviable has been paid -- no such permission shall be necessary-- ( i ) for operational constructions and -- constructions in abadi-deh of any village falling inside its Lal Lakir or Phirni ; -- carrying out maintenance, improvement affecting only interior / do not materially affect the external appearance building ; (iii) - works by Central/State Government or any local authority of,- -- (a) maintenance/improvement of highway/road/ public street, -- (b) repairing/ renewing any drains, sewers, mains, pipes, cables (iv) excavating wells / tubewells made for agricultural operation Provided such excavation/ constructions situated where agriculture is permitted - Permission valid for 2 years extendable for a further period of 2 years

71. CONTROL OF LAND IN MASTER PLAN 81 . Grant of Permission– --For any development/ change of use/ sub-divide of plot/layout private street -- make application to CA for with documents, plans and fee -- In case of state/ centre govt /authority/ ulb - application to notify CA --2 months before development without any fee -In case of objections-- State Govt to take decision In others case- on payment of development charge /betterment charges as assessed CA to pass an order – ( i ) granting permission unconditionally ; or (ii) granting conditional permission (iii) refusing permission -- Permission to be in conformity with Master Plan - In case of refusal/conditional permission—reasons to be communicated to applicant in writing - In case of non- communication of decision within of sixty days-- from receipt of his application/ 120 days in case of heritage site- approval shall be deemed approval - deemed permission in contravention of Act/rules / master plan-- shall be unauthorised construction - -

72. CONTROL OF LAND IN MASTER PLAN Sec- 82- Appeal against conditional/ refusal of permission- person aggrieved- within thirty days of communication of order-- appeal to appellate authority, on payment of fee prescribe --(2) Appellate Authority after giving opportunity to appellant/ CA concerned, pass an order— -- dismissing / accepting appeal by,- granting permission unconditionally/ granting conditional permission/ removing conditions/ imposing other conditions -- Provided such decision shall be in conformity with Master Plan - Decision of AA on appeal to be final and shall not be questioned in any court. - -

73. CONTROL OF LAND IN MASTER PLAN s 84- Acquisition notice-- requiring State Government to acquire land- When permission is refused/granted conditional permission- land cannot be used beneficially- govt to pass appropriate order for acquisition S 85- Power to Revoke / modify permission- when needed for proper implementation of MP S 86- Penalty for unauthorized development/use of land in contravention of Master plan shall be punishable with imprisonment upto 3 years / fine upto Rs 10,000/both/Rs 1000/day for continued violation S87- Power to remove unauthorised development- within 4 years of such development- failing which punishable with imprisonment upto 3 years / fine upto Rs 10,000/both/Rs 1000/day for continued violation S88- Power to discontinue unauthorised development/use S89-- Power to discontinue authorised development/use CONSIDERING larger interest of planning of area/MP S90-Power to cancel permission— obtained based on misrepresentation/ fraud may extend to three years (c) without the permission as required under section 81 ; or - -

74. PRTPDA—CHAPTER-- XII TOWN DEVELOPMENT SCHEMES

75. Town Development Scheme 91.(1) Authority may prepare one/ more town development schemes for -- implementation of Master Plan -- providing amenities where not available or are inadequate -- for planning for re-development / renewal of -- area of bad layout -- obsolete / undesirable developments,

76. Town Development Scheme- Contents Scheme to make provisions for any / all of following matters, (b) laying out land– vacant/ already built (c) filling/reclamation or low lying areas (d) laying new streets or roads, construction, diversion (e) reconstitution of plots ; (f) construction/alteration/ removal of buildings, bridges /structures ; (g) reserving land for roads, open spaces, gardens, recreation, schools, markets, industrial and commercial facilities and public purpose ; (h) undertaking housing schemes for ( i ) sewerage, drainage and sewage disposal ; (j) lighting ; (k) water supply ; (l) preservation of objects of historical importance; -Specify development controls regulating buildings- setback etc ------acquisition of land by purchase, exchange of property -- effected by execution of scheme

77. Town planning Scheme

78. Town Development Scheme- Contents S92- Power of Authority to declare intention to make scheme S93— Notice for Making/ Publication of draft scheme S 94-Inclusion of additional area in draft scheme S 95—Power of State Govt to ask Authority to make scheme S -96- Reconstituted Plots-- ,- (a) Altering boundaries of original plot (b) transferring wholly /partly land of adjoining lands ; (c) joining two /more original plots held in ownership in severalty or in joint ownership (d) allot a re-constituted plot to owner dispossessed of land in furtherance of scheme and (e) transfer ownership of original plot from one person to another.

79. Town Development Scheme- Contents S 97- Compensation for discontinuance of use S98-Power of the state government to sanction S99-Restriction on use/development of land after declaration of scheme S100- Power of state Govt to suspend rules/bye-laws etc S 102—Appointing Arbitrator –his power and duties S 103- decision of arbitrator final-- except compensation Sec104- Tribunal of Appeal- for hearing appeal against Arbitrator S113- Sanction of Final Scheme by state Government S 114- Withdrawal of scheme by Govt- before sanction

80. Town Development Scheme- Contents S115- Effect of Final Scheme- -- (a) land required by Authority -- unless otherwise determined in scheme– to vest absolutely in Authority free from all encumbrances ; (b) all rights in original plots-- which have been reconstituted --shall terminate and re-constituted plot shall become subject to rights settled by Arbitrator ; (c) the Authority shall hand over possession of the re-constituted plots to owners -----to whom they are allotted in final scheme .

81. Town Development Scheme- Contents S116- Power of eviction summarily by Authority from sanctioned scheme S117- Power of Authority to enforce scheme S118-Power to vary scheme due to error, irregularity and infirmity S119- Power to vary any scheme by a subsequent scheme S123– Cost of Scheme

82. Town Development Scheme- Contents S123– Cost of Scheme- cost of a scheme include,- (a) all sums payable by Authority (b) amount spent/ estimated by Authority in making /execution/ estimates for works included in the scheme (c) compensation payable for land reserved/ allotted for public purposes ; (e) legal expenses incurred in execution of scheme (f) total values of original plots exceeding values of plots included in final scheme-estimated at market values at date of declaration of intention to make a scheme, with all the buildings and works thereon on without reference to improvements

83. Town Development Scheme- Contents S 124-Calculation of increment- -For this Act, increment shall be deemed to be -----amount by which, -- at date of declaration of intention to make a scheme -- the market value of any plot, with reference to the improvements contemplated in scheme on assumption that the scheme has been completed would exceed on same date, -- market value of same plot estimated without reference to such improvements: Provided value of buildings /other works shall not be taken into consideration.

84. Town Development Scheme- Contents . 125.(1) Cost of scheme shall be met -- (a) levy of development charges- Where no reconstitution of plots involved, (b) in others- by a contribution levied on each reconstituted plot - in proportion to increment estimated by Arbitrator: Provided that – ( i ) no contribution to exceed half increment estimated ; (ii) no contribution levied on a plot allotted or reserved for a public purpose (iii) the contribution levied on a plot used, allotted or reserved for a public purpose/ purpose of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public shall be calculated in proportion to the benefit (2) liability of owner of plot included in a final scheme for the payment of the contribution

85. PRTPDA—CHAPTER-- XIII LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE AND BETTERMENT CHARGE

86. development charge 139.(1) Authority with previous sanction of State Government, --by notification, levy development charge ---for recovery of total cost of amenities --already provided/proposed to be provided/ on change of, use of land or buildings or /on the carrying out of any development in planning area (2) Where no other mode of recovery of cost of scheme prepared provided --Authority may levy development charge --not exceeding the amount of the total cost of amenities -- to recover cost of such amenities. (b) Development charge --also be levied on --the institution/ change of, use of land or building or --on carrying out of any development -- different rates may be levied for different parts of planning area and --for different uses : --no development charge levied on institution,/ change of use of any land or building vested /under control/possession of, Central/ State Government. - Rates of development charge -- assessed by Arbitrator --on a reference made to the Arbitrator by Authority.

87. betterment charge Where authority is of opinion --that value of any land/building in planning area increased /likely to increase with execution of a scheme-- Authority may levy betterment charge- -- betterment charge not to exceed one-third of the increase in value of land/ building -- no betterment charge levied on land vested/controlled of Central/State Govt -- rates to be assessed by Arbitrator on reference made to Arbitrator by Authority -- Betterment charge payable will be first charge subject to prior payment of land revenue due to State Government --In case of failure --Betterment charge with interest recoverable as arrears of land revenue - Appeal against order of Arbitrator lies with Tribunal

88. PRTPDA—CHAPTER-- XIV CONTROL AND DEVELOPMENT ALONG SCHEDULED ROADS

89. DEVELOPMENT ALONG SCHEDULED ROADS 143.(1) No person to erect / re-erect any building -- make or extend any excavation or -- layout any means of access to a road -- within 150 metres on either side of road reservation of a by-pass/within 50 metres of scheduled road – as State may notification -- limits may vary for different stretches of road. --Nothing shall apply- (a) to a building in existence, immediately before of date of notification– for repair/ erection/ re-erection --which does not involve any structural alteration/ addition (b) to the erection / re-erection- which involves any structural alteration or addition—with permission of CA (c)laying out means of access to a road, with permission of CA (d)erection / re-erection of fuel filling station/ bus queue shelter-- with permission of CA (3) no person/ authority / Department of State Government ----shall sanction any building plan /give water/sewerage/ telephone connection /electricity connection to any building or land in respect of which prohibition has been imposed

90. DEVELOPMENT ALONG SCHEDULED ROADS S 144- make Application for permission and to grant/refusal thereof S 145- Appeal to state Government S 147. Nothing in this Chapter shall apply to – ( i ) construction made in the abadi-deh of any village falling inside Lal-lakir or phirny ; (ii) a place of worship / tomb / cenotaph -- a wall enclosing graveyard, place of worship, cenotaph or Samadhi; on land which, on the date of publication of notification under sub-section (1) of section 143, -- occupied for such worship, tomb, cenotaph, graveyard or samadhi ; (iii) excavations – wells/other operations made in ordinary course of agriculture; (iv) construction of a road to give access to land for agricultural purposes or purposes sub- servient to agriculture .

91. PRTPDA—CHAPTER-- XV ABOLITION OF THE PUNJAB HOSUING DEVELOPMENT BOARD AND TRANSFER OF ITS ASSESTS AND LIABILITES

92. ABOLITION OF PUNJAB Housing DEVELOPMENT BOARD 148. From date of establishment of Authority u/s17 – -- Punjab Housing Development Board -- shall stand abolished. -- members / Chairman of Board shall cease to hold office ; - all properties, funds / dues vested/realisable by Board-- shall vest/realisable by Authority ; all liabilities enforceable against Board shall be enforceable against the Authority. -- all contracts/ agreements / other instruments Board shall be of full force and effect against Authority -- all pending suit, appeal / other legal proceedings against Board to be liability of the Authority -- Every whole time employee of Board-- on date of abolition become an employee of the Authority- unless he opts not to serve authority -- hold office by same tenure/ at same remuneration --and on same terms and conditions / with same rights and privileges, -- unless remuneration, terms and conditions altered by Authority with previous approval of State Government -- Nothing shall affect liabilities of State Government in respect of loans / debentures guranteed

93. PRTPDA—CHAPTER--XVI INSPECTION AND PENALITIES

94. Inspection and penalities S 155- Power to enter - authority to authorize persons for entry into land and buildings other than owned by Government within sunrise and sunset to— -make survey, inspection, enquiry, measurement of land/buildings/sewers/ drains/digging/ boring/setting boundaries/taking levels S 156- Penalties for obstructing entry, fine upto 1000/ imprisonment upto 6 months S 157-Penalities for breach of rules and Regulations- for any contravention of any rule/regulation-fine of Rs 500 and for continued violation- Rs 50/- per day S 159- offences by companies- liability of person conducting the business S 160- offences by Government Departments– Head of the department to be guilty in case offence committed with consent/connivance of the officer - in other case employee committing offence to be liable

95. CHAPTER XVII-- MISCELLANEOUS

96. MISCELLANEOUS S 161-Levy of Charge for extension of amenities S 163 -- No court inferior to that of a Judicial Magistrate of first class—to try an offence punishable under this Act S 164-- No prosecution under this Act instituted except with previous sanction of Authority/CA/ officer authorised S165- manner of Services of the notice S 167- Authentication of orders/permissions/decisions S 168- Registration of documents, maps, plans- exempted from Registration Act S 170-Restriction on summoning of members/officers/employee of authority S171- Protection of action taken in good faith S 172- Relation of authority with police- police to share all information received regarding committing an offence against the act- assist all employees in discharge his duties under the Act S 173- Arrest of the offenders by police and produce them in courts S 175- Power to delegate- of state government and the Authority

97. MISCELLANEOUS S177- State Power to remove difficulties S178- Exemptions for operational construction and to remove undue hardships for any class/ category of persons S I79- Overriding effect in other laws— -Except otherwise provided -- provisions of this Act/ rules /regulations made -- shall have overriding effect --notwithstanding anything inconsistent -- contained in other law for the time being in force 180.(1) POWER TO MAKE Rules--The State Government may, by notification, make rules for carrying out the purposes of this Act .

98. MISCELLANEOUS S-181- Power of the Board to make Regulations S-182- Power of the Authority to make Regulations S183-- following Acts stand repealed, namely :- ( i ) Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (ii) the Punjab Urban Estates (Development and Regulation) Act, 1964 (2) The Punjab Housing Development Board Act, 1972 -- repealing of Acts shall not affect :- ( i ) previous operations of Acts so repealed/anything duly done/ suffered (ii) any right/privilege/obligation / liability acquired, accrued (iii) any penalty, forfeiture or punishment incurred for offence committed against the Acts so repealed ;

99. MISCELLANEOUS (iv) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; (4) any notification, order, notice issued, application made, or permission granted-- not inconsistent -, shall be as if this Act was in force at the time and shall continue to be in force, unless superseded by anything done or any action taken under this Act

100. SCHDEULED ROADS 1. Grand Truck Road (from Haryana boundary to Amritsar and on border with Pakistan). 2. Jullundur – Tanda – Dasuya – Mukerian - Pathankot Road upto the border withJammu & Kashmir State. 3. Ambala - Kalka Road (Portion falling in the territory of the State of Punjab). 4. Amritsar - Pathankot Road. 5. Chandigarh – Ropar – Nangal – Una – Hoshiarpur – Tanda -Amritsar Road. 6. Amritsar – Sarhali – Harike – Makhu – Ferozepur - Fazilka Road. 7. Ropar – Balachaur – Garshankar – Hoshiarpur - Dasuya Road. 8. Malout - Fazilka Road. 9. Chandigarh - Samrala - Ludhiana Road. 10. Gurdaspur – Amritsar – Makhu – Ferozepur - Fazilka Road. 11. Jalandhar - Makhu Road. 12. Ludhiana - Ferozepur Road. 13. Ambala – Patiala – Sangrur – Barnala - Bathinda Road. 14. Bathinda – Kotakpura - Ferozepur Road. 15. Gurdaspur – Ajnala – Chugawan – Rajatal - Chabal-Khemkaran Road. 16. Harike - Khalra Road. 17. Ajnala - Amritsar Road. 18. Patiala – Patran – Narwana Road. 19. Moga – Kotakpura Road. 20. Chandigarh – Rajpura Road (commencing from the point where the Punjab Boundary starts). 21. Chandigarh – Ambala Road (commencing from the point where the Punjab Boundary starts and touches the Ambala –Kalka Road near Dera Bassi ). 22. Bhawanigarh – Sunam – Bhikhi – Kotshamir – Bathinda Road. 23. Bathinda – Dabwali Road upto Punjab Boundary. 24. Morinda – Bela Road.

101. Thanks

102. The PUNJAB REGIONAL AND TOWN PLANNING AND DVELOPMENT Rules, 1995

103. PRTPDA- RULES- PART II FUNCTIONING OF THE BOARD AND THE AUTHORITY

104. FUNCTIONING OF BOARD/AUTHORITY Allowances to be paid to the members of the Board member of Board not entitled to receive any remuneration/ allowance --except TA/ DA/other allowance--as re-imbursement expenditure incurred in attending the meetings / performing functions of the Board admissible to Class I Officers official member to draw such allowance from parent deptt 4. Temporary association of persons 5. Appointment of Committee 6. Procedure to be followed by the committee – Every committee may evolve its own procedure for conduct of business etc 7- Powers to call for information – (1) Board /committee appointed --entitled to call information/officer from any Department / ulb / agency for efficient discharge of its functions 8. Qualifications and experience for appointment as Chief Administrator – CA – PUDA- an officers of Government of- not below the rank of Secretary /special secretary (b) SUDA/ NTPDA-- amongst officers not below rank of an Additional Secretary

105. FUNCTIONING OF BOARD/AUTHORITY 9. Term of office and conditions of services of members of the Authority -- term of office of a non-official member shall be three years from the date of his appointment; member eligible for re-appointment; 10 Allowances to be paid to the members of Authority member of Authority not entitled to receive any remuneration/ allowance except TA/ DA/other allowance--as re-imbursement of expenditure incurred in attending the meetings / performing functions of the Board admissible to Class I Officers -- official member to draw such allowance from parent deptt 11. Salary and allowances to be paid to the Chief Administrator - Chief Administrator shall be a whole time paid member of Authority --receive such salary / allowances out of funds of Authority -as determined by State Government on appointment: -- in matter not specifically determined by Government— -- provisions applicable to other employees of the Authority shall apply

106. Prtda - rules 1995- PART – III – COMPLETION OF BUILDINGS, EXTENSION IN TIME FOR SUCH COMPLETION, FEE FOR SUCH EXTENSION, PROCEDURE FOR APPEAL AND REVISION AND SERVICE OF NOTICE .

107. BUILDING RULES 12. Building rules - The Punjab Urban Estate Rules, 1974 , not inconsistent with this Act, shall apply till rules are made under the Act. 13. Time within which building is to be completed – (1) transferee to complete building within three years from date of issue of allotment order/ date of auction, (2) time limit may be extended by the EO -- in manner/on payment of fee specified -- if satisfied failure to complete building was due to a cause beyond control of transferee. -- Extension in time limit granted for a period not exceeding 12 years on payment of fee ; Fee to range from 2-4%- depending upon allotment price at the time of extension for residential, Auction price/allotment price in case of commercial and Auction price/allotment price at the time of extension for institutional/industrial/builders/society – with provision of appeal to CA

108. Prtda - rules 1995- PART – IV BUDGET, ACCOUNTS AND AUDIT OF ACCOUNTS OF THE AUTHORITY.

109. BUDGET OF THE AUTHORITY 17. Budget of the Authority – authority to prepare its annual budget for next financial year-- showing estimated receipts / expenditure in prescribed form before or by the 31 st January and shall forward five copies of the budget to State Government within thirty days from date of its sanction. 18. Supplementary Budget of the Authority – (1) The Chairman with approval of Vice-Chairman may, prepare a supplementary budget -- place it at a special meeting--supplementary budget shall be prepared in the same manner as annual budget with submission of its copies to State Government. 19. Preparation and maintenance of accounts of the Authority – Authority to maintain and keep at its headquarters proper books of accounts and other relevant records Authority shall send a copy of the income and expenditure / balance sheet / audit report to State Government and also publish in Official Gazette 21. Annual report of the Authority – After close of each financial year, Authority shall prepare and submit to the State Government not later than the 31 st July, an annual report of its activities during that year

110. Prtda - rules 1995- PART – V PLANNING AREA AND REGIONAL PLANS

111. PLANNING AREA AND REGIONAL PLANS 23. Form of Regional Plan – (1) The Regional Plan shall be in the form of a--written text -- maps, charts, graphs, diagrams, photographs and other descriptive matters. (2) The Regional Plans may be prepared by:- ( i ) carrying out a physical survey of the planning area-- its broad land use pattern: (ii) collection of physical and socio-economic data-- natural and human resources, population and industry, communications network, housing , environmental degeneration etc; (iii) analysis of data, by maps, charts, graphs, diagrams and other statistical and cartographical tools . (iv) preparation of Regional Plan of the planning area, outlining major proposals of plan; and (v) preparation of written matter including zoning regulations 24. Form and manner of publication of notice of draft Regional Plan 25. Form and manner of publication of notice of Regional Plan under Section 64

112. PLANNING AREA AND REGIONAL PLANS 23. Form of Regional Plan – (1) The Regional Plan shall be in the form of a--written text -- maps, charts, graphs, diagrams, photographs and other descriptive matters. (2) The Regional Plans may be prepared by:- ( i ) carrying out a physical survey of the planning area-- its broad land use pattern: (ii) collection of physical and socio-economic data-- natural and human resources, population and industry, communications network, housing , environmental degeneration etc; (iii) analysis of data, by maps, charts, graphs, diagrams and other statistical and cartographical tools . (iv) preparation of Regional Plan of the planning area, outlining major proposals of plan; and (v) preparation of written matter including zoning regulations 24. Form and manner of publication of notice of draft Regional Plan 25. Form and manner of publication of notice of Regional Plan under Section 64

113. PLANNING AREA AND REGIONAL PLANS 26-Application for permission for development or change of land use – shall be accompanied by revenue plan/location plan/survey plan/proposed use/ development and documents in triplicate, duly signed and accompanied by a fee of Rs 500/ hec 27. Manner of communicating grounds for refusal 28. Form of Register of applications for permission 29. Manner of filing appeal against refusal of permission

114. Prtda - rules 1995- PART – Vi – PREPARTION AND APPROVAL OF MASTER PLAN

115. PREPARTION / APPROVAL OF MASTER PLAN Outline Master Plan all or any of following :- ( i ) reports of socio-economic conditions of planning area-trends of population, industries, business, commerce and such other matters as may relate to the planned development (ii) surveys of existing use of land for green belt natural reserves, parks and residential, commercial, industrial, cultural, educational transportation re-creational public and semi-public activities ; (iii) a traffic and transportation plan (iv) a public utilities plan, --water, electricity, drainage and disposal v) housing (vi) education, re-creation and community facilities plan indicating proposals for parks, open spaces, re-creational, educational and other centres . (vii) other amenities plan indicating proposals for hospitals, dispensaries, vaccination centres (viii) survey/ proposals for improvement of slums (ix) reports on redevelopment or renewal of specific areas. (x) a financial plan, containing estimates of revenue and resource,

116. PREPARTION / APPROVAL OF MASTER PLAN 31 . Resolving of Contradictions – (1) Incase of any contradiction between particulars of proposals shown, map on larger scale shall prevail and in the case of any such contradiction between any map and written statement, the latter shall prevail . 32. Consent of the Municipal Committee or the Municipal Corporation 33. Public Notice of draft Comprehensive Master Plan 34. Amendment of the draft comprehensive Master Plan 35. Approval by State Government

117. Prtda - rules 1995- PART – Vii CONTROL OF DEVELOPMENT AND USE OF LAND IN THE AREA WHERE MASTER PLAN IS IN OPERATION

118. DEVELOPMENT AND USE OF LAND 36. Form of application for permission under Section 81: (1) making an application to CA in Form VI along with documents /plans in triplicate, namely: -- Buildings--Site plan /building plans on prescribed scale -- developments of land:- Description of land/property/ plot, area/ aks shajra /location plan/survey plan/ development plan showing proposals/ service plan/ explanatory note on proposed development/permission for mining and quarrying/ name of registered architect /planner/Engineer 37. Departments of Government and Local Authorities to notify their intention under Sub-Section (2) of Section 81 39. Mode of Communication of order under Sub-Section (6) of Section 81:

119. DEVELOPMENT AND USE OF LAND 40. Manner of filing appeals and payment of fee under Sub- Section (1) of Section 82: 41. Time and manner in which acquisition notice under Sub-Section (1) of Section 84 is to be served: 42. Time within which and manner in which compensation is to be claimed under Section 85(2) and time which notice is to be given under Section 85 43. Payment of penalty:- 44. Time and manner for applying for permission under Sub-Section (3) of Section 87 45. Appeal under Sub-Section (3) of Section 87 46. Appeal under Sub-Section (1) of Section 89: 47. Manner of serving acquisition notice sub-section (6) of Section 89

120. Prtda - rules 1995- PART – Viii TOWN DEVELOPMENT SCHEMES

121. TOWN DEVELOPMENT SCHEMES 48. Other matters to ‘be included in the scheme 49. The manner of publication of declaration 50. The manner of Publication of Notice 51 Time within which local Authority is to give consent under Sub-Section (2) of Section 93- 30 days 52. Publication of declaration under Sub-Section (1) of Section 95 53. Form of application under Section 99 (1) (A) - form xiv 54. Form of permission under section 99 (1) (a)– form xv 55. Qualifications for appointment as Arbitrator- AITP/AIIA/AIE+10 YEAR EXPERIENCE NOT below rank of ATP 56. Procedure to be followed by the Arbitrator and manner of giving notice under section 102 (2) ( i ) and (ii)

122. TOWN DEVELOPMENT SCHEMES 57. Form of final scheme 58. The manner of serving notice under sub-section (1) of section 114. (1) 59. Procedure of eviction under sub-section (1) of section 116 60. Particulars to be given in the notice under sub-section (1) of section 61. Manner of publication of notice under sub-section (2) of section 118 62. Particulars of draft variations under sub-section (3) of section 118. 61. Manner of publication of notice under sub-section (2) of section 118.-

123. TOWN DEVELOPMENT SCHEMES 63. Period for making payment under sub-section (2) of section 131 64. Number of instalments and rate of interest under section 133 (1) 65 Procedure to be followed by the Tribunal of Appeal under sub-section 4 of section 135 66. Recovery of cost under sub-section (2) of section 137. (4) of section 135.

124. Prtda - rules 1995- PART – ix LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE AND BETTERMENT CHARGE

125. Development/betterment charge 67. Rate of interest on late payment of development charges- @ 18% per annum 68. Rate of interest on late payment of betterment charge-- @ 18% per annum 69. Security for payment of development charge / betterment charge for filing appeal 70. Manner of enforcing orders of the Tribunal of Appeal passed under section 142 71. Payment of development charge fix under section 161 .

126. Prtda - rules 1995- PART – x CONTROL AND DEVELOPMENT ALONG SCHEDULED ROADS

127. Development along scheduled roads 72. Application for permission under section 144– shall be accompanied by the plans and documents (2) The site plan drawn on a scale specifying - (a) outline of proposed building with outer dimension (b) total area to be covered; (c) existing building, if any, by distinct notation. (3) The building) shall be drawn to a -- scale of not less than 1:100 and indicate,- (a) the plan of all floors of building; (b) elevation /typical sections, to be given only in case of motor fuel filing station or bus queue shelter; and (c) plinth level with reference to central line of scheduled road / bye-pass as the case may be.

128. Development along scheduled roads 73. Principles and conditions under which permission under section 144 may be granted or refused,- No permission shall be granted unless,- (a) erection / re-erection of the building conforms to building rules; (b) the means of excess take off from in existing road or revenue rasta a adjoining the scheduled road --- conforms to traffic requirements of the scheduled road as determined by the CA (c) erection / re-erection of motor fuel filling station or bus queue shelter --in accordance with the designs and specifications laid down by the Competent Authority . 74. Information necessary to validate application under rule 72.- (1)- plans/ sections/documents/fee 75. Form in which order under sub-section (2) of Section 144 (2) is to be passed- form xxv 76 Register to be maintained by CA u/s 144 -- formxxvi 76. Register to be maintained by the Competent Authority under passed.

129. Prtda - rules 1995- PART – xi – TRANSFER OF EMPLOYEES OF THE DIRECTORATE OF HOUSING AND URBAN DEVELOPMENT TO THE PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY

130. Transfer of employees 77.(1) Employees of the Directorate to give option for their transfer to the Authority,- -- soon after establishment of the PUDA -- Government shall obtain option from employees --serving Directorate of Housing and Urban Development, --whose assets transferred to the Punjab Housing Development Board -- whether wiling to be transferred to service of the PUDA (2) After obtaining option-- State Government shall forward such option to PUDA -- for considering suitability/transfer to the service of Authority. (3) When suitability is determined by the Authority --, it shall recommend to State Government the names of employees found suitable for transfer to its service. (4) On receipt of recommendations-- State Government shall issue orders for allocation of employees to the Authority -- with effect from the date of establishment of PUDA

131. Thanks