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The Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 Act 41 of 1963 Keyword(s):
Agriculture, Amenity, By-Pass, Commissioner, Controlled Area, Prescribed, Road Reservation, Scheduled Road, Building, Erect or Re-erect Any Building Amendments appended: 7 of 2004, 17 of 2004, 6 of 2007, 28 of 2012, 16 of 2014, 19 of 2018, 29 of 2021, 3 of 2022 230 SCHEDULED ROADS AND CONTROLLED A W S 11 963 : Pb. Act 41 RESTRIffION OF UNREGULATED D E E WF'MENT to prevent haphazard and sub-smndard development along scheduled roads and in controlled areas in the State of '[Haryana].
Be it enacted by the hgislative of the St ate of Punjab in he Fou rteenth year of the Republic oiLndia as follows :- Short title and 1. ( I ) This Act may be called the Punjab Scheduled Roads and extent. Controlled Areas Restriction of Unregulated Development Act, 1963.
(2) ,It extends to the whole of the State of 'maria].
Definitions. 2 . In this A& unless the context ohenvise &uires,- -cl) "agriculture" includes horticulture, dairy farming, poultry farming and thc planting and upkeep of an orchard ;
(2) "amenityt' includes roads, water-supply, street lighting.
drainage, sewerage, public parks and any other convenience which the Government may by notification specify for the prrrposes of this Act ;'
(3) "by-pass"~eans a mad provided as a permanent diversion to a schduledmad, wh_ethcr whic h diversion is situated within or with'out the limits of a local authority and whether i t is constructed beforf. or alterhe coqencemen~ of this Act ;
"(4) "Commissioner" me&$ Commissioner and Secretary to Government, Huyan a, -Town and Country Planning D e p m e n t ;]
(5) "controlied area" means an area declared under section 4 to be a controlled area ;
(6) "Dktor" means the Director of Town and Country Planning '[Haryanal, and includes any person for the time being appointed by the Goveyment by notification to exercise and perform al l or any of he powers and functions of the Director under this Acr and the rules made thereunder in respect of any scheduled road or controlled area ; .
1. Substituled for lthe word "Punjab" by rhe Haryana- Adaptation of Laws Order (State and Concurrent Subjects) Order, . . 1968, 2 Substituted by Haryana Acr 8 of 2001.
1963 : Pb. Act 41 1 SCHEDULED ROADS AND CONTROLLED AREAS 23 1 RESITICTlON OF UNREGULATED DEVELOPMENT
(7) "[he Government" means the Government of the State of '[Haryana]. - . ,
(8) "prescribed means prescriM by rules made under this Act ; - -(9] "road reservation, iri relation to a scheduled road" means the land, whether metalled or unmetdled, which vests in the ' Government or the Central ~ o v h e n t or a local authority for the purposes of such road and the boundaries of which are demarcated by pillars, posts or wires or in any other manner ;
(10) "scheduled road" means a road specified in the Schedule to this Act which is wholly situated within thestateof l w a n a l , and, where, any road so spcifidis not smituated, he portion of such road which is situated in the State of LIHaryana], and includes a " by-pass", but does not include any part of such road or portion, not being a by-pais, which is situated in the , 8.. , , limits of a locd authority ;
'[Explmzafio~~-For the purposes of this clause ?ocA authority' mearis a cantonmcnt board, municipal committee, notified area committee or improvement tm t.]
( I - I ) "building" means any shop, house, hut, outhouse, shed or sta ble, whelher used for h2$urpase of human habitation or ohenvise and whether of masonry, bricks, wad-mud, thatch, metal or . any other material whatever; andinclcides a wall and a well ;
(12) "aenml or reerect a& buildingll, includes- (a] any material aicntion or cnlargcmcnt of anY building,
(b) the convmion by s t r u c ~ a] teiation'into a place for human . habitation of any buj lding not originally constructed for human habiration, . .
1. Substiruted for lthe word "Punjab" by he Haryana Adapta~ion of Laws (Stale and Concurrenl Subjtrls) Order, 1968. .. ' I:
2 A d d d by Punjab Act No. 23 of 1924, secrion 2. , SCHEDULED ROADS AND CONTROLLED AREAS [I 963 : Pb. Act 41 232 REssRlqlON OF yWGU&ATED DEVELOPMENT
(c) the conversion into more than one place for human habitation 0f.a building originally constructed as one such , place, - ,..
(d) theconvekion of'~oorrnorcp1acesofhLman habibtion . @to a gregter numbcr of such places,
(e) such alterations df a buildng as affect an altemlion of its , , drainage or sanitary m g e m e n l s or materially affect ils SoCrairy; : ' , Ifl the addition of any rooms, building, outhouses, or other structures to any building, and
(g) the construclion in a wall adjoining street or land not hlonging to the owner of rhe wall, of a door opening on to such street or l a d .
Prohibition to 3. ' ~ b ~ e n o n shall et'ecior re-erekt any building or make or extend erest or re- agy excavation or I& out any of access to a mad [within one hunbed erect buildings metek6neithersidcofthemadreservation ofabyc-passorwithiithifly along meters on either side of the road reservati on of any scheduled road not bcing scheduled roads. bye-pass] : . , , I
Provided that nothing in this section shall apply t*
(u) therepair to a building which was in existence mmcdiately before the comrnencemen't of this Act or any erection or . re-e&tion of such a building which does not involve any sbuctural alteration or addition therein ; or
(b) the,e~tion or re-erection of a building, which was in existence immediately before the commencement of his - Act and which involves any structural alteration or addition, with the permission of the Director ; or
(c) the laying out of any means of access to a road with the permissjon of the Di-tor ,; or (dl ~[the'kt ion or re-erection of a motor-fuel-filling station or a bus-queue-shelter with the permission of the Dimtor] ;
1. Subsliluted for [he words "within thirty melets un either side of [he road reservation of any scheduled read" by Punjab Acr No. 23 of 19U, section 3(i).
2. Added by Punjab Act NO. 23 of 1924, scclion 3.
1963 : Pb. Act 41 ] SCHEDULED ROADS AND CONTROLLED AREAS 233 RESTRICTION bF UNREGULATED DEVELOPMENT [ [ (e) the publicutility buildings'and'community~se~'which were in existence immediately k fore !he Commencemen of the Punjab scheduled~badi and Controlled Areas Restriction of Umgulated Development (h-yiana Second Amen'dment and Validation) Acc, 1996.
E~~M~IL-- (1) 'T'ublic utility buildings" means building belonging to Government, Government Controlled Organisations, k a l B&, ~01~tlryOganisatiohs and individuals which are being used for the benefit of public at large without profit motive ; and
(2) 'Commrmity assets' m-s assets belonging to Government, Government Controlled ~ r ~ a n i s i i o n s , Local Bodies, Voluntary Organisations and individuals which are ctcated for the beneficial use of public at large without profit motive.]
. 4. ( I ) The G o v c m n t may by notification delcalm the whoIe or Declaration of any part of any area adjacent to and within a distance of - controlled arE2.
(a) eight kilo-mcm on thc outer si& of the boundary danY , tawn;or . .
I I
(6) two kilo-meters bn the out& sides of the boundary of any industrial or housing estiireipubljc institution or an ancient and historical monument, , spccifiedii . - such notifica~iion to be a controlled +ea for ihe purposes of this Acl.
(2) TheGovem~ntshdldsocausethecontents ofthedeckuatim made under sub-scclion (1) to be publishein at 1-t two newspapers printed in alanguage olher than G l i s h . ,
5. (1) ~ h e ' ' ~ i ~ e c t & i h a l l , not later than three months from the Publication of declaration under stid-~e~tio; (1) of section 4 or within such further period e a - as the Government my allow,,pT+m plans in the prescri bed manner showing con&ollcd area.
the controuedarea and si@ ying therein h e nacm of reslriclions and condi tions proposed'to be made applicable to the controlled m a and submit the plans to the Government.
1. Added by Havana Act IG of 1996. .
234 - SCI-&DULED ROADS ~h CONTROLLED AREAS I1963 : Pb. Act 41 RESTRICTION OF UNREGUI.ATED DEVELOPmNT (21 Without prejudice ro the generality of he powers specified in sub-section(l), the plans may provide for any one ormore of the following matters, namely :-
(u) the divisions of any site into plots lor the erection or re- . . erection of any build ng and the manner in which such pIo& may to t&sferred to intending purchasers or lessees ;
, . , , - -(b)l., ~c allotment ~~reservation of l i d for roads, open spaces, gardens, recreation grounds, schools, markets and arher public purposes ;
(c) the development of any site into a township or colony and the ~st r ic t ions and conditions subject -to which such devcl@ment may be undertaken or carried out ;
(d) hee erection or re erection of b+ldingson any siteandthc restrictions and conditions in regard to the opcn spaces to be kaihtained in or amund buildings and the height and . character of buildings:; % , , , (el . the alignment ol buildings on any site ; .
Cfl the architectural features of the elevation or frontage of buildings to be built on any site ;
(g) the amenitia to be-provided in relation to any site or buildings on .such site whether before or after the , . erection or reerection of buildings and the person or I , , '.
authority by whom such-'amenities are td 'bk" provided ;
I ' .
(h) -ihe hibition or restrictions regarding erection or . , re-erection of shops. workshops, wareho-uscs orfactories or buildings of a -specified 'architectural , , feature lor buildings designed , . , . for . particular purposes ..;. -. , U;J! , in ,any locality ; , . , . .. , L , - . [ i ) the maiiltenalice of walls, fenccs, hedges, or any other structural or archi rectural construction and the height at which -they shall be maintained ;
( j ) the restrictions regarding the use of any site for purposes other than the erection or re-erecti on of buildings ;
1963 : Pb. Att 41 ] SCHEDUI-ED ROADS A N D CONTROLLED AREAS 235 RESTRICTION OF UNREGULATED DEVELOPMENT
(k) any orher m a k r which is necessary for the proper pIanning of any controlled area and for preventing building being erected or re-erccted haphazardly in such area.
(3) The Government may either approve the pIans without mdfications or with such modifications asit may considernecessaryor reject the plans with directions to the Director to prepare fresh plans according to such k t i o n s .
(4) The Government shall cause to be published by notification - the plans approved by i t under sub-section (3) for the purpose of inviting objections thereon.
(5) Any person may, within thirty days from he date of publication of the notification under subsection (4), send to the Director his objection and suggestion in writing, if any, in respect of such plans and theDirecror shall consider the same and forward them with his recommendations to the Government within aperid of sixty days from the aforesaid date.
(6) The Directorshall also give reasdhble opportunities to every lwd authority, within whose local limits any land included in the controlled area is-situated, to make any represcntati on with rcspect to the plans.
j
(7) After considering the objections, Suggestions and representationsif any, and the recommendations of the~imtor thereon, the Government shall decide as to the final plans showing thccontrolled area and signifying herein the nature of resuictions and conditions applicable to the conrolled area and publish h e same i n the Oficial Gmtle and in such other , , manner as may he prescribed.
(8) hvisionmay bernadebyrulesmadeinthjsbch~withrespec~ to rhe fom andconren~of theplans and withkspect to the procedure to be followed, and any other matter in connection with the,prepar.tioq, , , , submission and approval of the plans.
(9) Subject to the foregoing provisions of this section, the Govemment may direct the Director to furnish such information as the Govcmmint hay require for the purpose of approving the plans submitted to i t under this section.
236 SCHEDULED ROADS AND CONTROLLED AREAS [I963 : Pb. Act 41 RESTRICrION OF UNREGULATED DEVELOPMENT Ercction or re- 6. Except as provided hereinai1er, no person shall erect or rc-erect erection of building or make or extend any excavation or lay out any means of aaess bui'dogs ' I c v to a road in a conrrolled area save in-accordance with the plans and the in controlled areas. restrjctions and conditions referred to in section 5 and with the previous permission of the Director :
, . Provided that no such permission shall k necessary for erection or ree . ~ t i o n of any building if suc h building is used or is to k used for agriculmal purposes or purposes subservient to agriculture.
8 .. . , Prohibition on usc of land in 7. (1) No land within thc controlled acra shall, except with h e conbolled permission of h e Director ![and on payment of such conversion charges as.
arcas. may be pmcrikd by the Government from h e to time] k used for purposes ' other than those for which it was used on the date of publicalion of the notification ~dersubsection ( I ) of sec tion 4, and no land within such conmdled area shall be usedfor the purposes of a charcoal-kiln, pottery-kiln, lime-kiln, brick-kiln or brick field or for quarrying stone, bajri, surkhi kankaror for other similar extractive or ancillary operation except under and in accordance with the con& tions of a licence fmm the Director on payment of such fees and under such condi thns as may be prescribed.
- , I[(IA) Lucai aulhoritie,fms and undertakings of Gbvemment, colonisers and persons exemptedfmrn obtaining a &nce under the Haryana Development and Regulation ofurban Areas Act, 1975, and authorities involvd in land development will also k liable to pay conversion charges but they shall be exempt from making an application under section 8 of this Act.)
(2) The renewal of such Ii&ri&rnay bemade '[after three yean] on payment of such fees as may be prescribed.
Power or '[7A. The Government may, in public interest, relax any resbictions or relaxation. conditions~nsofarastheyrelatetolandusepre~cribedinhecontmllcdarea . . in exceptional c i r c k t ances.] . , - Applicalion for 8 . 1.1) Every person desiring to-bbtain the referred permission etc. to in section 3 or section 6 or siction 7 or a licence. under section 7 shall and the grant of refused thereof, make an application in writing to the Director in such form and containing such information in respect of the land, building, excavation or 1:- Inserted by Haryana Act 16 of 1996.
' I :
2. .~ubst'ituled by Haryaoa Act 11 of 1995.
-1963 : Pb. Act 41 1, SCHEDULED ROADS AND CONTROLLED AWS 237 RESTRICTION OF UNREGULATED DEVELOPMENT means of access to a road to which the application relates as may be prescribed.
m .
Y' (2) On receipt ofsuch application theDirector,aftermakingsuch enquiry as heconsiders necessary, shall by order in writing either-
(a) grant the permission or licence subject to such conditj ons if any, as may be specified in the order, or
(6) refuse to grant such permission or licence.
(3) The Dirctor shall not refuse permission to the erection or reerection of a building which was in existence in a controlled area on the datc on which the notificatin under sub&lion (I) of section 4 waspublished, nor shall he impose any condition in , respect . of such erection or re-erection unless he is satisfied, afler affording to the applicant opportunity of being heard, I [ that there in a probability that the building will be used for a purpose, or i s designedin a manncr, other than that for which it was used or designed on the ' daie on which the said notification was published I
(4) If, at the expiration or's period of three months after an application under sub-section (I) has been made to the Director, no order in writing has been passed by the Di rector, the permission shall, without prejudice to rhe restrictions and conditions signified in the plans published in the Official Gazette under sub-section (7) of section 5, be deemed to h a v e k n given without the imposition of any conditions.
(51 The Director shall maintain such registcr as may be prescrikd with sufficient particulars of dl such cases in which permission or license is given or deemed to have been given or refused by him undcr this section, and the said register shall be available for inspection without charge by all persons interesled and such persons shall be entitIed to take extracts therefrom.
9. TheDirectormay authoriseany persontoenterintooruponany Power of e n q on land or land or building with or without assistants or workmen for the purpose of building far making any enquiry, inspection measurement to survey or t&ng levels : survey etc.
Appeals.
238 SCHEDULED ROADS AND CONTROLLED AREAS 11963 : Pb. Act 4 1 RESTRICTION OF UNREGULATED DEVELOPMENT
Provided that.no entry shall be made except between the hours of \ sunrise an sunset and without giving twenty-four hours notice to the occupier or owner of such land or building.
1 0. Any person ag@eved or affected by TI order of the Dirctor under sub-section (2) of =ti& 8 granting permission o r l i c~uz subject to conhtions of refusing permission or license may, within sixty days from the date of such order, prefer an appeal to of the l[~ommissioner].
Revision. '[IOA. The Government may call for the record of any case pcnding before, or disposalof by any subordinate auhoiity for hepurpose of satisfying itself as to the legality or.propricty of any proceedings or of any order made thmin andmay pass such order in relation thereto it may think fit.
~OB. h e ~ j r c c t o r m a ~ , either of his own motion or on an applicafion of kypaqinteresled review, and on so reviewing modify, reverse orconfnn any orderpassed by himself or by any of his predecessbrs in office :
, .
Provided that--: . , . . . .
(a) when the Director proposes to review any order passed by his predecessor in ofice, he shall first obtain the sanction of the G o V e m n t ;
. ! >
(b) no application forteview of anordershall beentertained unless it is made within a period of sixty days from the date of passing of the order, or unless the applicant satisfies the Dimtor rhat he had su6cient c a m For not making the application within that period ;
(c) no order shall be modified or reversed unless the pmies concerned have been afforded a reasonable opportuniry .of being heard ; , -
(d) no order against which an appeal has been preferred shall be reviewed.]
1. Substitured by Haryana Act 16 of 1996 and runher substirutcd by Haryana Act 8 of 2001.
1. Inserted by Haryana Act 8 of 2001.
1963 :pb. Act 41 ] SCHEDULED ROADS AND CONTROLLED AREAS 239 RESTRICTION OF UNREGULATED DEVELOPMENT
11. The Director shall carry out such directions as may be issued to control by him from time to time by rhcGovernment for the efficient adminishation of this Government.
Act. , . , f,l 12.,(1) Any person who-
(a) erects or re-erects any building or makes or extends any excavation or lays out any means of access to a road in contravention of the provisions of section 3 or section 6 or in contravention of any conditions imposed by an order under section 8 or section 10; or , .... - . , (b) . uses :myland i n contravention of the of Sub:
. , ' - , ~~~t ion ( i )o f sec l io~~o~sec t i0 r i10 , . a . - . , . .
shall be punishable with 2[imprisonrnent of either description for a term which may extend to three years and shd l alsd be liable lo] fine which may extend to l[fifty thousand rupees but not less than Len thousand rupees] and, in the case of a continuing contravention, with a further fine which may extend to 3[one < thousand ] rupees for every day after the date of the first conviction during which he is proved to have persisted in the contravention.
'[(2) Wirhout prejudrce to the provisions of sub-section ( I ) , the Director may, by notice, served by post Ad if apeson 'avoids service, or is not wadable forscniceofndtiii, or&f& toaccept service, then by a x i n g a copy of it on thc outer door or some other conspicuous part of such premises, or in such othcr manner as may be prescribed, call upon any person who has committed a breach of the provisions referred to in the said sub-scctian to stop further construction and to appear and show cause why he should not Ix ordered to restore or its original state or to bring i t in conformity with the provisions of the Act or the rules, as the case may be, any building or land in respect of which a conlravention such as described in the said sub-section has been committed, and if such person fails to show cause to the satisfaction . . of theDirector within a kriod of seven days, rhe Director riiay pass an order requiring him to'restoie such land or building to irs original stateor to bring it in conformity with the provisions of the Act or rules, as the case may be, within a further period of seven days.
Offenccs and pcnalties. , 1 . Substituted by Ilmyana Act 28 of 1971 and funher substituted by Haryana Act 11 of 1999.
2. Inserted by Haryana Acr 7 of 1989.
3. Substiluted by Haryana Ac1 11 of 1999.
(3) If the order made under sub-section (2) is not carried out, within the specified period the Director may him self at the expiry of h e . period of this order, take such measures as may appear necessary to give effect to the order and the cost of the such measures shall, if not paid on demand being made to him, be recoverable from such person as arrears of land =venue :
Provided that even before the expiry of seven days period mentioned in the order under sub-section (21, if the Director is satisfied rhat instead of stopping the erection or re-erection of the building or making or extending or the excavation or laying out of the means of access u~ a road, as the case may be, ihe &-soh continues with the contravent ion, the Director may himself take such measures as may 'appear necessary to give effect to the order sand hecost of such measures, shall, if not paid on demand king made to him, be recoverable from such person as arrears of land revenue.]
~ u t y of police [I 2A. It shall be he duty of every police officer-
05cers.
(i) to communicate without delay to the Director or any other officer authorised in writing by him, in this behalf, any information which he receives of a design to commit or of , , , , . .
the co&nissioi of any offence against this Act or any rule or &&lati . , on made thereunder ; and
(ii) to assist the Director or any other officer authorised in writing by him, in this behalf, in the lawful exercise of any power vested in the Director or any other officer authorid in writing by him, in this behalf, underthidct or any rule or regulation made thereunder.
Power to arrest. 12B: ( I ) A police officer not below the rank of subinspector shall arrest any person who cornmi ts, in his view, any offence againsl thrs Act or any rule made thereunder, if the name and ;rrlrfress of such person be unknown to him and ?such person, on demand declines to give his n q e and address, or gives such name or address which such officer has rcason to believe to be false.
(2) - The person so arrested shall, without unavoidable delay be produced before the Magistrate authorised to try the offence for which the
1. Inserted by Hwyana Act 7 of 1989.
1963 : Pb, Act 41 1 SCHEDULED ROADS AND CONTROLLED AREAS 24 1 RESTRICTION OF UNREGULATED DEVELOPMENT a n a l has k e n made, and no person, so arrested, shall Ix detained in custody for a period exceeding ~wenty-four hours without an order from the above 1 +, mentioned Magstrate.]
'[12C. ( 1 ) With effect from such date as the Government may, by C~nstitution of notification, constibte aTribunal consisting of a 2[Chzlirman who is a retircd Tibunal.
Judge of tbc High Court] and amember of the rank of Chief Engineer having special knowledge about mads and highways. If the Members of the Tribunal are divided over some matter, the decision of [he Chairman of the Tribunal shall prevail.
(2) ThcTribundshall havejlssi~ngatChandigarhoratmyorher placeas per its convcnience.
(3) A person aggrieved by the orders of Dj rec tor passed under sub-section (2) or sub-section (31, as rhe case may be, of section 12 of the Act, may file an appeal to the Tribunal within a period of sixty days and the decision of theTri bunal on such appeal shall be final. The Tri bunal shall also hear Lhe cases involving constructions made up to 28th April, 1995 in violation of the Act along scheduled roads and otherwise as if these were appeals against the order of Director. Any case against the orders of Director passed undcr sub-section (2) or subsection (3) of section 12 of the Act pending in any court of law except High Court or Supreme Conrl shall be transferred to thcTribunal.]
13. (1) Where an offence under this Act h is bee'n committed by a OF^,,,,, company, thecompany as well asevery personinchargeof,andresponsible companies.
to, the company for the conduct of its business at the time of thecommission of the offence shall be deemed to k guilty of the offence and shall be liable to be proceeded against and punished accor&ngly :
Provided that nothing conmned i n this sub-section shall render any such person liable to any puriishment if he proves that the offence was committed without hs knowledge or that he exercised all due diligence to prevent the cornrnssion of such offence.
(2) Notwithstanding anfigg contained in sub= tion ( I ] , where an offence under this Act has been committed by a company and it is proved that the offence ,has been committed with the consefl or connivance of,or chat the commission of the offence is artributable to any neglect on thepart of, any Dirtcur, Manger, Secretary or other officer
1. Inscrled by Haryana Act I I of 1999,
2. Subsriruted by Hqana ACI 1 3 nf 1999.
Composition of offences.
Tial of offence and specia 1 provision =garding iine.
Sanction of prosecution.
Officers to be public servants.
Power lo nmend the schedule.
Delegation.
242 SCKEDULW ROADS AND CONTROLLED AREAS I1963 : Pb, Act 41 ~U%TRI(%ON OF UNREGULATED DEVELOPMENT of the company, such Director, Manager, Secretary or other officer shaIl also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
I' Erplanntion. - For the purposes of this section- \ (a) "company" m a s any body corporate and inc Ides a firm or other association of individuals, and
(b) "duector" inrelationtoafm is apartnerinthefm.
14. (11 The Director or any person authorised by the Director by gened or special order in this behalf may either or after the institution of the proceedings compound my offence made punishable by or under thls Act.
(2) When an offence has been compounded me offender, if in custody shall be discharged and no futher prodceedings shdl be taken against him in respect of the offence compound,d
15. (1 ) No court inferior to that of a Magistrate of the ~irst-class shall be competent to try any offence punishable under t h i s Aci.
(2) Nohvirhstanding anyhng containedin section 32 of the Code of Criminal Prmedure, 1898, it shalIbe lawful for any Magistrate of the First Class to pass asentenceoffineexcedng the pecuniarylimitspecifiedin that section as in force in any part of the State on any person convicted of an ofPence punishable under this Act.
16. No prosecution For any offence punishable under this Acl shall k instituted except with the previous sanction of the Director or any oFFicer aulhorised in writing by theDirectorin this khlaf;- 1 7 . T h e h r o r and every olher officer or employee acting under this Act or the rules made thereunder shall be deemed to be a pubfic servanr with in the meaning of section 21 of the Indian Penal Code.
18. The Government may by notification add to the Schedule to this Act any other road not specified therein or omit there from any mad specified therein, and on the issue of such a notification thc Schedule shall be deemed to be amended accordingly.
19. (1 ) ~he~ovemmentma~bynotificationdircctthat any power exercisable by it under this AC~, ixcept the power spifred in subsection ( I ) of section 4,sub-s-ections (3) and(7) of section 5, section 18 and section 25, shall. in relation to such marters and subject to such conditions, if any, as may k specified in the norification,be exercisable also by such officer or authorily subordinate tothe Government as may be spwjfied in thenotification. ' - 1963 : Pb. Act 41 ] SCHEDULED ROADS AND CONTROLLED AREAS 243 .
RESTRICTION OF UNREGULATED DEVELOPMENT
(2) The Director may, with the approval of the Government, by an order in writing delegate any of hs powem and functions under this Act or y.,' the rules made hereunder to such other officer's subordinate to him as may be specified in such order-
20. (1 J No suit, prosecution or other legal proceeding s hall lie against Indemnity.
any person in respect of anything which is in good faith done or inrended to be done in pursuance of this Act or the rules made thereunder.
(2) No suit or other legal proceeding shall lie against the Govcrnrnent for any damage caused by anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.
- 2 1'. No civil court shall have any jurisdiction to entertain or decide any Bar of quesuonrelatingtomattersfallingunderthisAc~ortherulesmadethe~under. Ju~dction of civil cows.
22. Nothing in this Act shall apply t+ Exemptian.
(a) the areacomprisedin thedadideh ofany village;
, - .
[(a) the area adjacent to the abadi deh of any village whlch the Govemmenr identifies for village expansion through a notification, published in the Official Gazette, specifically torhis effect subject to thecondition that this areashallnot exceed sixty percent of the existing village abadi deh ;]
(b) theerectionorre-erectionofaplaceof worshiporatomb or cenotaph or of a wall enclosing a grave yard, placc of worship, cenotaph orsarnadhi on land which, on the date of publication, of thc notification under sub-section { I ) of section 4, is occupied by or for the purpose of such worship, tomb, cenotaph, grave yard or samadhi ;
(c) excavations (including wells) or other operalions made in the ordinary course of agriculture ; and
(d) the construction of an unmetailed road i n tended to give access to land for agricultural purposes or purposes subservient to agriculture.
1. Inscrted by Haryana Act 25 of 2003.
244 SCHEDULED ROADS AND CONTROLLED AREAS (1963 : Pb. Act 41 RESTRICHON OF UNREGULATED DEVELOPMENT Effect of othcr 23. (1) Nothing in this Act shall affect the opention oflaws.
{a) the Punjab newcapital (Periphery) Control Act, 1953 (Punjab Act I of 1953 .) ;
'
(c) the Punjab Slum Areas (Improvement and Clearance) Act, i96i ( h n j a b ~ c r 24 of 1961);
(2) Save as aforesaid, the provisions of this Act and the rules made thereund<r shall have effect notwithstanding anything incansistanr t h e m th dontaind in my other law.
(a) when permission required under this Act for doing any act or taking any action in respect of any land has been obtained, such act or action shall not be deemed to be unlawfully done or taken by reason only of the fact that permission, approval or sanction required under such other law for doing such act or taking such action has not been ,., obtained ;
(b) when permission required under this Act for doing such act or taking such action has not been obtained such act or ac tion shall not be deemed to be lawfully done or taken by rcason only of the fact that permission, approval or sanction required under such other law for the doing of such act or the taking of such action has been obtained.
Savings. 24. Nothing in this Act shall e f f ~ t h e power of the Government or any other authority to acquire land orto impose mtnctions upon the use and development of land comprised in the conmiled area under any other law for the time king in force, or to permit the settlement of a claim arising out of the exercise of powers under this Act by mutual agreement.
1. Omitled by the Haryana Adaptation of Laws (Stale and Concurrent Subjecrs) - order. 1968.
. .
4 ' i ; - . . 1 : . -. . B 1963 : Pb. Act 41 1 SCHEDULED ROADS AND CONTR~~LED'AREAS 245 RESTRICTION OF UNREGliLATED DEVELOPMENT - . . . . , 8 :
25;.(11 The Govkrnment may.. by.notification and su'bject lo rhe Power to make conditions 06 previous publicarion, make rules forcarryingou[ the purposes 1: of this Act. . I : I - :.,,
(2) In particuli~r, and wi~hout prejudice to the generality or the foregoing. power, such rules may ptnvide for all or any. of the following matters name t y :- ( ( I ) the manner, in which the plans in respect of a conti-ollcd area shall be prepared under -sub-section ( I ) of section 5 :
(h) the other manner in which [he final plans in respecr of ii corm-olled area shul l be publjshed;
(c) the form and conrents of rhe plans in respect of a conlrof led srwmd the procedure to k followed and any olher mailer in connection with the prepartion, submission and approval of Ihe plan ;
, - (dl the conditions on which the licences under section 7 shall be granted or renewed and rhe fees to be charged for rhe grant and rcnewal thereof ;
(e) the form in which application for permission or licence shall be made undcr sub-seclion ( I ) of section 8 and the informalion which sha l l be furnished therein :
m the principles and conditions under which applicalions for permission or licence under this Act may be grdn ted or refused ;
(g) the formandmannerin which theregis~erreferredto in sub-seclion (5 ) of section 8 shall be maintained ;
(11) thc procedure to be followed in hearing appeals under '[sections 10 and 12C3 [he kes to be paid in respect of. and the document which shall accompany, such appeals : and
(i) any other matter which may be prescribed.
1. Subsli~uled by Haryana Acl 8 or 2001. ( .
246 SCHEDULED ROADS AND CONTROLLED AREAS 11 963 : Pb. Act 11 , .' RESTRICTION OF UNREGIII-ATED- DEVELOPMENT ;.' 1 ! 1. ". - ' - . , ' . ' .: ;:! .
Validation. '[Ndwirhstanding anything contained in any judgemenr, decree or order of any courtoi6ther authority 10 ~ h e - c o n m e ; any aciion taken or king done - .
or pu+or6ng ib. ha+c keninken di'dond in pukl~vlci of the conimenccmcn~ o f the Punjab Scheduled Roads and Controlled Areas ~cstriction of ~ n ~ ~ u l a ~ c d ~cvel,o~rnen~ , ( ~ ~ m i i , second ~rncndrncm and Validat, on) Aa.
1996, by the stetc ~ o v e m ~ e n r oruny 6ffiar,orauthority of the ~ovemrnen~, shilll be deemcd to be valid and effective and xcordingly- , .
(co ,all . . acls pr~ccdings or t h i n g done or action taken by r he Gavemmen~ or any officer or authori ty of the Government in pursuance of thc provisions of,the said Act. for i i I I purposes, be deemcd to be, and 10 havc always been.
done or takcn-iri-accordance with laiv ;
(bj no suit or other proceedings shall be maintained nr continued in any court or before any authority in pmumcc ~ F t h c ~ m v i s j o n s o f ~ h e s a i d ~ c t ; ' '
(c) no coun or authority shall enforce any decree 01. order i 11 pursuance of he provisions of the said Act. ] . f , . , I SLT sec~ions 2( 10) and 18 1 , , (I) Grand Trunk Road (from mlhi 10 Amri~sar and on the bordcr w ~ ~ h Pakinan).
(3) * u .i. a a , . .>, * I
(3) . Del hi-Mnthura Road.. . . , . . . . , . :.. . - , ,
(4) Delhi-Alwar Road. , .
,- ; ( 5 ) . plhi-Himr-Sulemanki Road; :
1. Omined by the Haryana,Adapralion of Laws.(Siate and Concurrent Subjecls) .. 1 < , . I . .
. . Order. 1968:
. - . . ... .m. . - .. . , . - - 2 ,. . . . . .A . ., - . , . . - - .
. . r l 1. Validation of Haryana Act 16 of 1996: . .
963 - Pb Act 4 1 , I .SCHCDU&ED ROADS +ND CONTROLLED AREr!S 247 \ & , , ? :.!{ , , .
E $ S . ~ I C T I ~ ~ , . gT I U~REGULATED - DE.VELOPMENT . .
(9) I , * + * * * * J i - . ; , . .
, I . ( 14) Kharkhauda-Delhi border Road. ., . , . , , .. ,
(15) Sonepal-Murlhal Road.
, . , , , (IS) ' Soncpa~-Gohana bad.
(28) Pariala-PapanLNarrvana-Jind Road.] ' - 3[(29) ~ o n c ~ a l - ~ a h i l ~ a i h Road starting froni S~nepiit upio Haryana- U.P. Border.] , . , , . , , : .!.:.,, I , , : I 1 . Omitted by the Haryana Adaptarion ol' Laws (Stale and,Concurrcnl Subjecls) Ordcr. 1968. . . . ' ! .
. . , - , , I ..
1 Emeries 20 10 28 added by Punjab Ciovernrncnt Notificatifln No. 386 2TCP-&I/ - - - - bG84 ;;dated-17th March:l9W, published in -hnjab ~ o v e r n m e ~ ~ ~ a z e l t k ; ~ a n 1;
. , . , . I . ' I . I , . , , d?ted$?th ~ a r ~ h . IT)&!. , ,, - . I , . . , . : L 1 , . . . . . ' I : . , ' . .
3. Added by'Hnryana Government Notification No: S.O.48IP.A. 4 I163fS. t 8/69.
dated the28th May. 1969, published in Haryana Government Gazette Legislative Supplement. Fan 111. dated the 3rd June. 1969.
, - .: , , . . , , .
348 SCHEDUI:EO ROADS AND COWROLLED AREAS '1 I 963 : Pb. Act 4 1 RES1RICl"ION OF UNREGCILATED DEVELOPMEM II(30) _ Delhi-Jaipur Rnad. i.r.- (I) National Hihway No.8 from Delhi Huryana boundary ro the start of sector road dividing secror 17 and sector 18 of UrbanEs~alr. Gurpaon : and
(11) Scctor road dividing seclar 17 and secror I8 of Urban Blatr, Gurgaon and its conlinuation with realigned National Highway No. 8 upto Harynna Rajasthan border"].
(3 1) New I - Iqana StatcHighway direct frnmMile No. 8 of Arnbala=l;~gzldhri Road to Panchkula through Haryano Terrilury.
(32) Jind-Gahana Road.
(-73) Yamma ~ a ~ a r - ~ i l a s ~ u r - ~ a d h a ~ ~ r i ~ - h ' ~ h i n ~ r h - ~ a i ~ u r Rani-~aruala Road.
(3) Arnbaln+Pcho~va- Kaiihal-Narwaiia-Uklana-Falehah3d Road.
(35) Ambuln-J agadhri Road.
(36) ~aharan~ur-Y amuna ~ ~ ~ a r ~ ~ ; l d ~ r . a - ~ i ~ l i - ~ c h o ~ v a - ~ u h l ~ ~ o a d .
(37) Kmal-Kaithal Road.
(38) Kaithal-Dcoban-Nikuran-Jind Koad (Sec~ion Dcoban lo Nikuran) (3'3) Panipia-Assandh-Deoban-Kai~ ha1 Road.
(40) Karnal-ksandh-Jind-Hansi Road.
(41) lind-Rnhlak-Jhajar-Rcwnri Road.
(42) Namau I-Mohinderg;lrh-Dadri-Rhi~vani-Hansi-D:u~~~illa-Tohan;~ Road.
(43) Hissar-Scu8ani-Singhimi Road:
(44) Bhiwini-Loharu Road.
(46) Bahadurgnrh-Jhadar-Kosli-Kanina-Mobin- Road.
(47) Jhajjar-Dadri-Lohru Road:
, , . .
(49) Pdwal-Sohna-Rcwari :Nmaul Road.
Im) Uklana-Hissar Road.
(5 1 ) Gohana-Meham-Bh.i\vani Road. . . . . -
(52)'. :,Jind-Safidun Road.
(53) Jhzjjar-Sampla-Khahuda. Road.
1 . illems (30) lo (53) added. side. Huyana ~ovcrnrnent h!otification No. 8.0.
2 R A . 4114315. 18/7 1. daled the 31st September. 1g71. and published in ' ~ & y a n $ . Government Gazeae. Legislative ~ u ~ ~ l e r n e n t , ' pact !1i1 dated 4th ' - J a n u q . 1972.1. I : I , , - . . . .
:I . . , , . , . . .
I . . ,;
I 463 : ~ b . ~ = i 4 i I SCHEDULED ROADS AND CONTROLLED AREIIS RFSTRIflIOK 01: 1INRECiUI.ATED DEVELOPMEKT ?[(55) Del hi-Ciurgaon (Via D~nda~Hera ) Road.
, ,
(56) Kala-Amb-Ambala Road.
Knla-Amb-Sadhura Shabad-l'hnl Road.
Jagadhri-Pilonra Rrwd.
Kunjpura to Karnal Road.
Kaithal lo Khaunauri Upro Stale Border. . ,..
Jind-Bilrwala+Agr(~ha-Adampur-Bhadra (U'pio Kajasthan B<~rderr.
Flansi-Tosham Snlnali.
Jind-Mondhal-Bhiivani Road Rcwnri-Dahihna-Kanina Road I I .
hlohinder~arh-Salnali-Loharu.
Gurpx~n- Rcwari Road via Patxrlii (uplo Rajasthan Bordcr) I Namaul-Singhana (Uplo S w e Boundary).
Kmal-KauI-Pehowa-PntiaIa.
KamaI-Ladwa-Shnhbild.
Gotrana-Satidon (via Jngsi) Kaithal-Pariala Road (Uprv Haryann Border).
Shahajahanpur to Rcwari.
Jhajjar-Faru k h n a p r - C M u Rnad Nimnpur-Narnaul Scivani-Jhumpa-Rajgarh.
Budhlana-Ralia-Fatehabad-Bhatlu-Bhadra.
SarduI3garh-Sirsa-Ellenabad.
Mile 8 from Saha on Ambala-Jagadhri Road to Shahabad.
Panipat to Sanauli up1oU.P. Border.
Faridabad lo Dankaur Uplo U.P. Border.
I. Added by 82-SSTP-8 1 (Extra.), dated 28sl lmuary. 1981.
.-.
1 Added by Haeana Government Gnet te. (Extra.) No. 10DP-90116316, dated 3 la December. 1990.
250 SCHEDULED ROADS AKD CON'I'KOLLEII AREAS 11963 ; Pb. Ac!41 RESTRICTIOX OF UNREGULATFI) DEVELOPMENT ! '' . '' .'- ,! .'
;:, . . . I ..
(S'l) Ddbwali-Chantala ( Upln S!e~e Bordcr).
La) Dadri-Jhajju Kalnn-Kadam Satnnli. "
(87) Nizampia-Nangal-Durgu-NnngaI Chaudhry .'
(8s) Narnaul-Nan@ Chaudhv-Uadhwi~l. ' '
(89) , Hi~el:PunlienaNagin a... . . .
(93 Hcdel- Illtvar-Nuh-Tnoru-Palaitdi-Raaudn.
(91) PiJi-Dhaij-Sohna. , .
(92) Palival-Hathin-U~ivar-Bhadi~s. ,. .
(93) Palwal-Mandokonl Nuh Road. , (W) . Mchrauli Guurgar~n Road IO Fiitidabad.1 I FlARY/\NA GOVI'. GAZ. (EXI'RA.). MARCH l 1 , 2004 :! i (PHGN. 21, 1925 SAKA) i
PART I I.EGISL.\TIM I1ElJARTXIENT Notification 'The l i t h March. 2004 No. L,eg. 9/2004.- The Following Act of thc L.epislanilr ol tile State "-1ar)ai~a rcccivcd the assent of thr- (+n~,ernor oFFlar)rana on rl?c 4th !vlarcl~, 2004 i and I S hcrrbv p~~hi~s i i cd lor gslieral informarlon :-- j I3aryana Act No. 7 of 2001 J ; THE PLiNJAB SC:IIEVUI,ED ROADS AND CON'TROi.IzED IRE.4S RESTRICTION 01.' UNREGULATED DEIIEI,OPMENT i i (IARYANA AXlENDkIENT) ACT. 2004 A r r Ji117/ze1. 10 tlulend rife P~rrrjnO Schcdliied R~rids illid Co,n,-ulIcd Rc?trlifio,l 01 iJr1,-c.?nloleri D e ~ , e i o a ~ ~ ~ r n r kc! . 1963. I?T i r . ~ n!,p/icrr::,,ri 1 io ! / IC Slorr, (?/H171:'01f<l RE it enacted by tile L~gisIahu~'of the Stale ofl-laryana inlhe Fifty-liil11M;11 i ofthe Kepiiblic of India as follc\\:s :- j 1. I'llis Act may he called the Punjah Scileiluleil Iiosds and C ntrtroll<tl \h.~:< , ) I , L I .\'ear Rzs t r i c t~on ot ljnrr.gulated Dcvclopmcnt iHdr)ii:na Anlcllrirnenr) i I Act.2001
2. In sectran 2 ot l ! ~ P:~n]ah Schi?duied Roads 2nd Conrrclied Arcs, A ~ n c ~ ~ ~ l r ~ ~ ~ : ~ ~ ~ c t $ I L (i) Ibr clause (10); the following clause shall br: stibslituted, llontely -- i '(10) "scl~eduled road" rncalrs a road specif cd in ihi: Scllddulr lo this Act which is ~vholly sihlatcd within the Sietc of Ilai yanzt, anrl, i where. any road so speciiied is not sa s~luatzd, the po:!io~~ aC such road, which is situated in the Shte o l l ~ i ~ r y a n a and iilk.h~dcs t a kgc-pass or erprcsswily but docs not includc any par1 r ~ i such road or poitlorl, not bang a bye-pass or expressway. wliicll is sitilatad in thc limits o l a luc;il aullull-ity:
I E.~pla,ii~tton.- I'or 111~ puiyostsoftl~isclausi 'Local a ~ ~ t l > o , ~ v j ' \ncans a cantonmcnlbua~d. municipal c o m t t c e , notitied arm conlnilitcc or all ilnprtlven~enl L~ust:';
38 H!\KYANh COVT. GAL. jEXl'lW.), MARCH 11, 2004 (PFIGN. 2 I, 1925 SAK.4) (U) in clar~se ( I ? ) , in sub-clausc (2). for sign "." existing at the end, tlle sign ";" shall he siihs:~tured;
(IU) after clause ( l2), the following claosc shall be added, namely . - '(13) "e~prcssway" IlllidiLS aroad as iiuy bc llorliied by the Govern~ncni fiolt~ t i ~ r 10 linic i!! the 0ffic:sI Gazctlr, and includcs rhcporlion ol ' s~~ch road which is sitnilled in tile Stale oflioryana, witliiti or outside thc Iin~its of a Local autllority '.
3. In section 3 of ihe prlnc~pai Act, lor the first pare, tlic iollowiiig para shall be substituted, mniely :- " No person shall crcct o! 1.e-crect any building or ln;~k? "I cxtelrd any excevaliol~ o i layout any Incalls ofaccess to a road witlli~f one Ilundred molels of eirller side ol' the ruad reservation of ;I byc-pass or CKpteSSWay, or, w i~h i i~ i11i1ty melers on cilher sidc oi'llic road ~caervation of ally schedulcri road not bciiig byc-pass or expressway : ".
4. In sub-seclion (I I orsection 7 oillle pri~lcipal Act,-
(i) for sign "." existing a1 the entl. rile s ~ g n " : ' sllall be substlnlted:
(ii) the fol lo~.+~gproviso shall he added, nanlely :- "Ft.o\,ldcd tllat any fct or cliargcs Ic~iable. I ( no1 paid \i,idxn I l l ~ specified penod, shall be i-ccovcrablc as arrears oilalld revenue. ".
5. Atier clause ( f ) ofsub-seetlon 12) ol'secllon 25 ofthe pri~ielpai Act, the fi)llowing clause silall be subsritutrd. nanxly :- ' ( f f ) the recovery of arrears of !'cc and charzes i d e l seztlon 7:"
I< S. ivlADAN, Secretary lo Ciovemnient Haryala, 12egislatiue Depaltment.
3 7 ? S 7 ~ L . R H C i P.. l : l~d Notification The 20th July, 2004 No. Leg. 19/2004.- The following Act of the Legislature of the State of aryana received the assent of the Governor of Haryarw. on the 13th July, 2004, nd is hereby published for general information :- Haryana Act No. 17 of 2004 THE PUNJAB SCHEDULED ROADS AND CONTROLLED AREAS RESTRICTION OF UNREGUI.ATED DEVELOPMENT (HARYANn SECOND AMENDMENT) ACT, 2004 AN Acr furrher lo nwrerld the Punjab Scheduled Roads and Con~roiled Areas Restriction of Unl.egulaled Devclopmo~t Act, 1963, in its application ro the State of Haryana.
Be it enacted by the Legislature of the State of Haryana in the Fifty-fifth ar of the Republic of India as follows :-
1. This Act may be called the Punjab Scheduled Roads and Controlled Shorl title.
cas Restriction of Unregulated Development (Haryana Second Amendment)
2. In sub-section (4) of seclion 8 of the Punjab Scheduled Roads and section 8 o f ~nlrolied Arcas Restriction of Unregulated Developmeni Act, 1963,- Put~jab Act 41 of 1963. (i) for sign "." existing at the end, the sign ":" shall be substitu~ed ;
(ii) the following proviso shall be added, namely :- "Provided that such time limit of three months shall not be applicable to the cases where directions have been issued by the Government under section 11 of the Act and require approval of the Govenuncnt accordingly.".
-- R. S. MADAN, Secretary to Government, I-laryana, Legislative Deparhnent.
37935 L R - - I I . G P . . Chd.
{{AI<Yi\N,\ (;OV'L', GAX. (EXTTCA.), r\PK. 3 , 2WS 135 (C:T-I.I'R. 13. 1929 SAKA) - -- HAKY AN21 GOVERNMI<NV Notification The 3rd April, 2M37 No. Leg. 7/2G07.-She following Act of thc Lcgisiarurc: of 1 1 ; ~ Srntc of liaryiina rcccivcd thc asscrlt of rhc Gnvernnr of I-lnryona r,n the 29111 14 J ~ C ~ I , 2007, and is hcrcby (xiblished for gencrat information :- HA:~YANA ACT NO. 6 OF 2067 r , .m I f tr, SAXYANA SCHEDULED ROADS AND CC?NTRC!!-LEU ARilAj: Kfi'l't<iC'l'iON OF UNREGULATCD DEVELirPh.lEN'i' (HARYANA AMENDMENT) ACT, 2007 1 . ' l l i is k t may 112 c:rlicd lhc Punjnb Schcduled Roads arid Conrrolled short r i l l ~ .
Art-.:IS R r . + t r i c t i ~ n (>< r - l ~ r t : g ~ ! ~ [ c ~ ~ c y c ! ~ p ~ : : : : ! ~ ~ : : y ~ ~ z , ~ . ~ ~ ~ ~ ~ ~ ~ : ) Act, 2007.
2. Fbl sub-sectiou [ I ) of scction 4 nf tne Plmjnh St:hr~.r(~~te(! ! inar jg 3 rd Amcadmen! of rnnimllrrl Arty~: Rec!rirl.ti*n c?t. I!nrpg!!!rrtcrl fi~yr.!,pm~,! ,%c!, ! ?$3, : : rcction of Pc-jzS Act .I! of t'nilnwing sub-scction shall be substilulrcl. !~a!ne!y:-- TwJ3.
" ( 1 ) The Covcl.nrn:nt may, bj. notit?c;l:ion in ;i;c C.ffi:~;l' Sazc;tc, ,I-,.:,,,.. . , . . , , . , , d * . , ..,,t..;- ' 7 . . ----- - -..-r ---.a ,,..... &C : : tC !i:~i::; c ; f ~ : ~ ; i i ~ i 7 ~ i :u?Y; ; ::; o i l : > i,::i~; 1 ;Irca. wnic'n in its npininn has rhr, pcr!enrvat tbr builcl~rtc ;!c!iviries, industrial, cammarcinl. insti!utional or recrca[iun;~l cs;i~~cs/;ii-tivities and uses subscrvicnt ~o the above, in br: a cnntrnllcd nrca for ~ h c ;?III PI))ICE ( ~ I C hci ." .
Ecf. S. SL'LLAR, Lircl-c!a~-y lo Guvcmixcn!. !fa:yana, Lcgislativc Dcpartmcnt.
Haryana Government Gazette EXTRAORDINARY Published by Authority © Govt. of Haryana No. 76-2018/Ext.] CHANDIGARH, FRIDAY, MAY 4, 2018 (VAISAKHA 14, 1940 SAKA ) LEGISLATIVE SUPPLEMENT CONTENTS PAGES
PART-I ACTS THE PUNJAB SCHEDULED ROADS AND CONTROLLED AREAS RESTRICTION OF 91-92 UNREGULATED DEVELOPMENT (HARYANA AMENDMENT) ACT, 2018 (HARYANA ACT NO. 19 OF 2018).
PART-II ORDINANCES NIL
PART-III DELEGATED LEGISLATION NIL
PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS NIL
(xliv) HARYANA GOVT. GAZ. (EXTRA.), MAY 4, 2018 (VYSK. 14, 1940 SAKA) 91
PART - I HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 4th May, 2018 No. Leg.22/2018.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 3rd April, 2018 and is hereby published for general information:- HARYANA ACT NO. 19 OF 2018 THE PUNJAB SCHEDULED ROADS AND CONTROLLED AREAS RESTRICTION OF UNREGULATED DEVELOPMENT (HARYANA AMENDMENT) ACT, 2018 AN ACT further to amend the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, in its application to the State of Haryana.
Be it enacted by the Legislature of the State of Haryana in the Sixty-ninth Year of the Republic of India as follows:-
1. This Act may be called the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Act, 2018.
Short title.
2. In section 2 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (hereinafter called the principal Act),-
(i) in clause (13), for the sign “.” existing at the end, the sign “;” shall be substituted;
(ii) after clause (13), the following clause shall be added, namely:- ‘(14) “location premium” means an amount over and above the prescribed fee and charges that an applicant is willing to pay to the Government to obtain the permission against applications received under sub-section (1A) of section 8, as determined through bidding/auction process in pursuance of the policy issued by the Government in this regard, from time to time’.’ Amendment of section 2 of Punjab Act 41 of 1963.
3. In section 8 of the principal Act,-
(i) in sub-section (1),-
(a) for the sign “.” existing at the end, the sign “:” shall be substituted; and
(b) the following proviso shall be added at the end, namely:- “Provided that for such uses for which limited number of permissions have been prescribed, located in such land use zones of various notified development plans, where in the opinion of the Government, the permissions are to be issued after invitation of bids or following an auction procedure in pursuance of the policy framed by the Government in this regard from time to time, such application shall be considered to be valid only if it is filed in response to a notice of the Director and fulfils the prescribed terms and conditions.”.
(ii) after sub-section (1), the following sub-section shall be inserted, namely:- “(1A) All such applications, for which limited number of permissions have been prescribed, received in response to the notice issued by the Director against policy for auction of permissions that are considered to be in order by the Director shall, in addition to the prescribed requirements, also be liable for payment of location premium, as determined through the bidding/auction process, in such manner and in such time frame as conveyed by the Director. The amount received Amendment of section 8 of Punjab Act 41 of
1963.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 20, 2021 (AGHN. 29, 1943 SAKA) 275 Hkkx&I gfj;k.kk ljdkj fof/k rFkk fo/kk;h foHkkx vf/klwpuk fnukad 20 fnlEcj] 2021 la[;k ySt- 29@2021-& fn iatkc 'ksM~;wYM jksMt ,s.M dUVªksYkM ,fj;kt+ jfLVªd'ku vkQ vujsxqysfVM fMosyieSUV ¼gfj;k.kk vesUMesUV½ ,sDV] 2017 dk fuEufyf[kr fgUnh vuqokn gfj;k.kk ds jkT;iky dh fnukad 15 fnlEcj] 2021 dh Lohd`fr ds v/khu ,rn~ }kjk izdkf'kr fd;k tkrk gS vkSj ;g gfj;k.kk jktHkk"kk vf/kfu;e] 1969 ¼1969 dk 17½] dh /kkjk 4&d ds [k.M ¼[k½ ds v/khu mDr vf/kfu;e dk fgUnh Hkk"kk esa izkekf.kd ikB le>k tk,xk %& 2021 dk gfj;k.kk vf/kfu;e la[;k 29 iatkc vuqlwfpr lM+d rFkk fu;af=r {ks= vfu;fer fodkl fucZU/ku ¼gfj;k.kk la’kks/ku½ vf/kfu;e] 2017 iatkc vuqlwfpr lM+d rFkk fu;af=r {ks= vfu;fer fodkl fucZU/ku vf/kfu;e] 1963] gfj;k.kk jkT;kFkZ] dks vkxs la’kksf/kr djus ds fy, vf/kfu;e Hkkjr x.kjkT; ds vM+lBosa o"kZ esa gfj;k.kk jkT; fo/kkue.My }kjk fuEufyf[kr :Ik esa ;g vf/kfu;fer gks %& 1- ;g vf/kfu;e iatkc vuqlwfpr lM+d rFkk fu;af=r {ks= vfu;fer fodkl fucZU/ku ¼gfj;k.kk la’kks/ku½ vf/kfu;e] 2017] dgk tk ldrk gSA Lkaf{kIr ukeA 2- iatkc vuqlwfpr lM+d rFkk fu;af=r {ks= vfu;fer fodkl fucZU/ku vf/kfu;e] 1963 dh /kkjk 12 x dh mi&/kkjk ¼1½ ds LFkku ij] fuEufyf[kr mi&/kkjk izfrLFkkfir dh tk,xh] vFkkZr~%& ^^¼1½ ljdkj] vf/klwpuk }kjk] v/;{k] tks mPp U;k;ky; dk lsokfuo`Rr U;k;k/kh’k gksxk rFkk nks vU; lnL;ksa] ftuesa ,d lM+dksa rFkk jktekxksZa ds ckjs esa fo’ks"k Kku j[kus okys eq[; vfHk;Urk dh inoh dk gksxk rFkk nwljk lnL; ,sls {ks=ksa tSls fof/k] uxj vk;kstuk] m|ksx] izcU/ku vFkok ,sls vU; {ks=] tks ljdkj }kjk fofuf’pr fd, tk,a] ls O;olk;h gksxk] ls feydj cuus okys vf/kdj.k dk xBu djsxhA ;fn vf/kdj.k ds lnL; fdlh fo"k; ij foHkkftr gksrs gSa] rks v/;{k dk fu.kZ; vfHkHkkoh gksxkA^^A 1963 ds iatkc vf/kfu;e 41 dh /kkjk 12x dk la’kks/ku A 3- ¼1½ iatkc vuqlwfpr lM+d rFkk fu;af=r {ks= vfu;fer fodkl fucZU/ku ¼gfj;k.kk la’kks/ku½ v/;kns’k] 2016 ¼2016 dk gfj;k.kk v/;kns’k la[;k 5½] blds }kjk fujflr fd;k tkrk gSA ¼2½ ,sls fujlu ds gksrs gq, Hkh] mDr v/;kns'k }kjk ;Fkk la'kksf/kr ewy vf/kfu;e ds v/khu dh xbZ dksbZ ckr ;k dh xbZ dksbZ dkjZokbZ] bl vf/kfu;e }kjk ;Fkk la'kksf/kr ewy vf/kfu;e ds v/khu dh xbZ ckr ;k dh xbZ dkjZokbZ le>h tk,xhA fujlu rFkk O;ko``fRrA fceys'k raoj] lfpo] gfj;k.kk ljdkj] fof/k rFkk fo/kk;h foHkkxA 9422—L.R.—H.G.P., Pkl.
HARYANA GOVT. GAZ. (EXTRA.), NOV. 23, 2021 (AGHN. 2, 1943 SAKA) 251
PART - I HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 23rd November, 2021 No. Leg. 29/2021.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 21st March, 2017 and is hereby published for general information:- HARYANA ACT NO. 29 OF 2021 THE PUNJAB SCHEDULED ROADS AND CONTROLLED AREAS RESTRICTION OF UNREGULATED DEVELOPMENT (HARYANA AMENDMENT) ACT, 2017 AN ACT further to amend the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 in its application to the State of Haryana.
Be it enacted by the Legislature of the State of Haryana in the Sixty-eighth Year of the Republic of India as follows:-
1. This Act may be called the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Act, 2017.
Short title.
2. For sub-section (1) of section 12C of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, the following sub-section shall be substituted, namely:- “(1) The Government shall, by notification, constitute a Tribunal consisting of a Chairman, who shall be a retired judge of the High Court and two other members, of whom one shall be of the rank of Chief Engineer, having special knowledge about roads and highways and the other member shall be a professional from the fields like Law, Town Planning, Industry, Management or such other field, as may be decided by the Government. If the members of the Tribunal are divided over some issue, the decision of the Chairman shall prevail.”.
Amendment of section 12C of Punjab Act 41 of 1963.
3. (1) The Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Ordinance, 2016 (Haryana Ordinance No.5 of 2016), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.
Repeal and saving.
BIMLESH TANWAR, ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA, LAW AND LEGISLATIVE DEPARTMENT.
9389—L.R.—H.G.P., Pkl.
HARYANA GOVT. GAZ. (EXTRA.), MAY 4, 2018 (VYSK. 14, 1940 SAKA) 92 against location premium shall be utilised for provision, maintenance and augmentation of external development works as provided in the Haryana Development and Regulation of Urban Areas Act, 1975 and shall be recovered in addition to the prescribed rates of development charges received against external development works from an applicant, if applicable.”.
(iii) in sub-section (4),-
(a) in the second proviso, for the sign “.” existing at the end, the sign “:” shall be substituted; and
(b) after the second proviso, the following proviso shall be added at the end, namely:- “Provided further that such time limit of three months shall not be applicable wherein limited number of permissions have been specified in notifications issued from time to time.”.
Insertion of section 8A in Punjab Act 41 of 1963.
4. After section 8 of the principal Act, the following section shall be inserted, namely:- “8A. Online receipt and approval.- (1) All functions performed under this Act may also be performed through electronics form and internet.
(2) Without prejudice to the generality of sub-section (1), the functions may include all or any of the followings:-
(a) receipt or acknowledge of applications and payments;
(b) issue of approvals, orders or directions;
(c) scrutiny, enquiry of correspondence for grant of permissions, its extension;
(d) approval of plans, grant of occupation certificate etc.;
(e) filing of documents;
(f) issue of notices for recoveries etc.;
(g) maintenance of registers and records;
(h) any other function that the Director may deem fit in public interest.
KULDIP JAIN, Secretary to Government Haryana, Law and Legislative Department.
56257—L.R.—H.G.P., Chd.
HARYANA GOVT. GAZ. (EXTRA.), JAN. 17, 2022 (PAUS. 27, 1943 SAKA) 11
PART - I HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 17th January, 2022 No. Leg. 3/2022.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 31st December, 2021 and is hereby published for general information:- HARYANA ACT NO. 3 OF 2022 TTHHEE HHAARRYYAANNAA SSCCHHEEDDUULLEEDD RROOAADDSS AANNDD CCOONNTTRROOLLLLEEDD AARREEAASS RREESSTTRRIICCTTIIOONN OOFF UUNNRREEGGUULLAATTEEDD DDEEVVEELLOOPPMMEENNTT ((AAMMEENNDDMMEENNTT AANNDD VVAALLIIDDAATTIIOONN)) AACCTT,, 22002211 AN ACT further to amend the Haryana Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963.
Be it enacted by the Legislature of the State of Haryana in the Seventy-second Year of the Republic of India as follows:-
1. This Act may be called the Haryana Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Amendment and Validation) Act, 2021.
Short title.
2. In sub-section (1) of section 12C of the Haryana Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, for the words and sign “whom one shall be of the rank of Chief Engineer, having special knowledge about roads and highways”, the words “whom one shall be or has been of the rank of Chief Engineer having special knowledge about roads and highways” shall be substituted.
Amendment of section 12C of Punjab Act 41 of
1963.
3. Notwithstanding anything contrary contained in any judgment, decree or order of any court or tribunal or any authority, any action taken, order issued, things done, proceedings purporting to have been taken or done by the Government or by the Director or by any other person or by the tribunal so constituted under sub-section (1) of section 12C with effect from the date of the publication of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Ordinance, 2016 (Haryana Ordinance No.5 of 2016), in the Haryana Government Gazette (Extraordinary), dated the 7th December, 2016, till the publication of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Act, 2017 (29 of 2021), in the Haryana Government Gazette (Extraordinary), dated the 23rd November, 2021, shall be deemed to be valid and effective in accordance with the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Act, 2017 (29 of 2021).
Validation.
BIMLESH TANWAR, ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA, LAW AND LEGISLATIVE DEPARTMENT.
9454—L.R.—H.G.P., Pkl.
1963HR41.pdf 1963HR41.pdf 2004HR7.pdf 2004HR17.pdf 2007HR6.pdf