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Section 38: Penalty for unauthorised development or for use otherwise than in conformity with development plan

The Himachal Pradesh Town and Country Planning Act, 1977State Act of Himachal Pradesh · Act 12 of 1977

Any person who, whether at his own instance or at the instance of any other person, commences, undertakes or carries out any development or changes use of any land-

(a) without permission required under this Act;

(b) in contravention of the permission granted or any condition subjectto which such permission has been granted;

(c) after the permission for development has been duly revoked; or

(d) in contravention of any permission which has been duly modified;

1[(e) in contravention of any other provision of this Act;]

shall, without prejudice to any action that may be taken under section 39, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both, and in the case of a continuing offence with further fine which may extend to two hundred rupees for every day during which the offence continues after conviction for the first commission of the offence:

2[Provided that imposition of fine shall not be deemed to regularize theunauthorized constructions, colonies or buildings, and the Director after giving a notice of thirty days and after affording a reasonable opportunity of being heard, may demolish or remove such unauthorized constructions. The amount incurred on account of demolition or removal of un-authorized

1. Clause (e) insertedvide H.P. Act No. 41 of 2013.

2. Proviso insertedvide H.P. Act No. 41 of 2013.

THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 41 construction shall be recovered from the owner of such building as arrears of land revenue.]

Where this provision sits

ActThe Himachal Pradesh Town and Country Planning Act, 1977
Section38
Marginal notePenalty for unauthorised development or for use otherwise than in conformity with development plan
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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