(1) Any person aggrieved by any order of the competent authority under this Act, may within a period of thirty days from the communication of the order to him, prefer an appeal to the Director, Local Government, Punjab in such form and manner, as may be specified.
PUNJAB GOVT. GAZ. (EXTRA), MARCH 6, 2019 (PHGN 15, 1940 SAKA) 32 Non- Compoundable violations to be covered under this Act.
Finalization of action under this Act and the time limit.
Appeal against the orders of the competent authority.
(2) The appellate authority may, after giving an opportunity to be heard to the parties and to the competent authority, pass such order, as it may deem fit, either confirming, modifying or setting aside the order of the competent authority, and record its reasons in writing and the order of the appellate authority shall be final.
(3) In discharging its functions, the appellate authority shall have all the powers under the Code of Civil Procedure, 1908 of a civil court while deciding an appeal.
9. During the period of operation of this Act, no relief shall be available under the provisions of this Act in respect of the following categories of noncompoundable building violations, namely:-
(a) any non-compoundable building violations made after the 30th day of June, 2018;
(b) encroachment on public land;
(c) area, which is notified under the Land Acquisition Act, 1894, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Forest (Conservation) Act, 1980, the Punjab Land Preservation Act, 1900, the Environment (Protection) Act, 1986 and the Works of Defence Act, 1903 or restricted area covered under any other Central or State Act prohibiting the construction of buildings in a particular area;
(d) the violation of land use, except conversion of shop-cum-flat to commercial, in the Town Planning or Building Schemes, Improvement Trust Schemes, Urban Estates, Industrial Focal Points or Schemes formulated under any other Act;
(e) violations of mandatory fire safety and public safety security; and
(f) any type of building as may be decided by the Government.
10. No person shall be entitled to claim any benefit or relief unless all the terms and conditions have been fulfilled and the requisite fee and development charges, as specified by the Government, have been deposited.
11. No civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter the cognizance of which can be taken and disposed of by any authority empowered by this Act or the rules or regulations made thereunder.
12. Notwithstanding anything inconsistent contained in the Punjab Municipal Act, 1911, the Punjab Municipal Corporation Act, 1976 and the Punjab Town PUNJAB GOVT. GAZ. (EXTRA), MARCH 6, 2019 (PHGN 15, 1940 SAKA) 33 Restrictions of regularization in certain cases.
Entitlement of claim.
Bar of jurisdiction of courts.
Over-riding effect.
Improvement Act, 1922 and the rules, regulations and bye-laws made thereunder or in any other law enacted by the State Legislature, which is in force in the State of Punjab, the provisions of this Act shall have an over-riding effect.