The Punjab Regional and Town Planning and Development (General) Rules, 1995

1 GOVERNMENT OF PUNJAB DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Notification The 22 nd August, 1995 The Punjab Regional and Town Planning and Development (General) Rules, 1995 No. GSR.49/PA 11/95 S. 180/95.- In exercise of the powers conferred by section 180 of the Punjab Regional and Town Planning and Development Act, 1995 (Punjab Act No. 11 of 1995) and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules, namely:-

PART I PRELIMINARY

1. Short title and Commencement – (1) These rules may be called the Punjab Regional and Town Planning and Development (General) Rules,

1995.

(2) They shall come into force at once.

2. Definitions. – In these rules, unless the context otherwise requires,-

(a) “Act” means the Punjab Regional and Town Planning and Development Act, 1995 (Punjab Act No. 11 of 1995):

(b) “Chairman” means the Chairman of the Authority;

(c) “Committee” means a Committee of the Board appointed under Rule 5 or a Committee of the Authority appointed under Section 23;

(d) “Form” means Form appended to these rules;

(e) “Schedule” means the Schedule appended to these rules;

(f) “Section” means a Section of the Act; and

(g) “Vice-Chairman” means the Vice Chairman of the Authority;

PART II – FUNCTIONING OF THE BOARD AND THE AUTHORITY

3. Allowances to be paid to the members of the Board.[Sections 4(4) and 180(2)(a)].– (1) A member of the Board shall not be entitled to receive any remuneration or allowance other than the travelling allowance, daily allowance or any other allowance which the Board may determine for the purposes of reimbursing the expenditure incurred in attending the meetings of the Board or any of its committees or in performing any other functions of the Board.

(2) An official member of the Board shall draw travelling allowance, daily allowance or any other allowance as is admissible to him under the rules of the Government of Punjab from the department of the Government of Punjab in which he is appointed at the relevant time.

(3) The non-official members of the Board shall draw travelling allowance, daily allowance or any other allowance on the rates as are admissible to Class I Officers of the Government of Punjab.

4. Temporary association of persons.[Sections 15(1) and 180(2)(b)] - The Board may associate with itself by nomination from amongst the persons who have special knowledge or practical experience in the field of housing, engineering, law, town planning, environment architecture, traffic and transport, planning or such other specialisation for the purposes of tendering advice in the respective fields to the Board in performing its functions.

5. Appointment of Committee – (1) The Board may, for the purpose of securing efficient discharge by its functions under the Act, appoint one or more committees out of its members.

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(2) Each committee appointed under sub-rule (1) shall consist of such number of members as the Board may determine in respect of each committee and the Chairman of the Board, and in his absence, the Vice Chairman and in the absence of the Chairman and Vice Chairman, any other member of the Board nominated by the Chairman shall preside over the meetings of the committee.

(3) The committee appointed under sub-rule (1) may associate with it such persons who have special knowledge or practical experience in the field of housing, engineering, law, town planning, environment or architecture, traffic and transport planning or such other specialisations or other persons whose assistance or advice the committee may require in the discharge of its functions assigned to it by the Board.

6. Procedure to be followed by the committee. [Sections 16 and 180(2)(c)].– Every committee under rule 5 may evolve its own procedure for the conduct of business at its meetings and for all other matters relating to its functioning.

7. Powers to call for information. [Sections 16 and 180(2)(c)].– (1) The Board or a committee appointed by it under rule 5 shall be entitled to call for from any Department of the State Government or the Authority or any local authority or any other agency or organisation under the control of the State Government/Authority or the local authority, as the case may be, any information, return, statement or report required by it for the efficient discharge of its functions under the Act.

(2) The Board or a Committee appointed by it under rule 5 shall be entitled to require attendance at its meetings of any officer of the State Government or the Authority of a local authority or any other agency or organisation referred to in sub-rule (1) who is required to assist the Board or the committee in the discharge of its functions.

8. Qualifications and experience for appointment as Chief Administrator. [Sections 17,29, 31 and 180(2)(e)].– The Chief Administrator of -(a) the Punjab Urban Planning and Development Authority established under Section 17 of the Act, shall be appointed from amongst the officers of the Government of Punjab who are not below the rank of a Secretary [or Special Secretary]to Government of Punjab; and

(b) a special Urban Planning and Development Authority constituted under section 29 or of a New Town Planning and Development Authority constituted under section 31 shall be appointed from amongst the officers of the State Government who are not below the rank of an Additional Secretary to that Government.

9. Term of office and conditions of services of members of the Authority. [Sections 18(1) and 180(2)(f)].-Subject to the provisions of the Act, the term of office of a non-official member of an Authority shall be three years from the date of his appointment;

Provided that at the expiry of the period of his appointment, member shall be eligible for reappointment.

10. Allowances to be paid to members of the Authority. [Section 18(1) and 180(2)(f)] - The members of an Authority other than the Chief Administrator, shall not be entitled to receive any remuneration or allowance from the Authority other than the travelling allowance, daily allowance or any other allowance, at the rates determined by the Authority and till it is so determined at the rates for the time being admissible to Class I Officers of the State Government under the Punjab Civil Services Rules for the purpose of reimbursing the expenditure incurred in attending the meetings of the Authority or any of its committees or in performing any other function of the Authority.

11. Salary and allowances to be paid to the Chief Administrator.[Sections 18(3) and 180(2)(h)].- The Chief Administrator shall be a whole time paid member of the Authority and he shall receive out of the fund of the Authority such salary and allowances as may be determined by the State Government, at the time of his appointment:

Provided that in respect to any matter which is not specifically determined by the State Government, the provisions of the rules and regulations applicable to other employees of the Authority shall apply to the Chief Administrator in respect of such matter.

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Inserted vide Punjab Govt. Gazette. Legislative Supplement, Part III, dated 7.12.1995 3

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

12. Building rules.[Sections 43(9) 12 and 180(2)(i)].- The Punjab Urban Estate (Development and Regulation) Rules, 1974 so far as they are not in consistent with the provisions of the Act, shall mutatis matandis apply in respect of matters specified in sub-section (2) of section 43 till the date rules are made under clause (i) of sub-section (2) of section 180.

13. Time within which building is to be completed.–(1) The transferee shall complete the building as per the approved building plan within a period of three years from the date of possession of land, failing which he Estate Officer may resume the land or building or both, as the case may be in accordance with the provisions of section 45 of the Act.

Providing that the Estate Officer may extent the period of three years, if he is satisfied that the building could not be completed by the transferee due to the reasons beyond the control of transferee on payment of such fee, as is specified in the table given below:

Providing further that the period of extension shall not exceed twelve years, which shall be counted after the expiry of the period of three years from the date of possession of land.” Table (Fee for residential, commercial, Industrial land and the land allotted to institutions, housing societies and private builders).

Number of years from which fee is to be charged Residential Commercial Land allotted to the institutions, housing societies, private builders and for industrial purposes 4th year 2% of the allotment price, fixed by the Authority at the time of extension.

2% of the auction price or allotment price as the case may be.

2% of the allotment price, fixed by the Authority at the time of extension or auction price, as the case may be.

5th year 2% of the allotment price, fixed by the Authority at the time of extension 2% of the auction price or allotment price as the case may be.

2% of the allotment price, fixed by the Authority at the time of extension or auction price, as the case may be.

6th year 2.5% of the allotment price, fixed by the Authority at the time of extension

2.5% of the auction price or allotment price as the case may be.

2.5% of the allotment price, fixed by the Authority at the time of extension or auction price, as the case may be.

7th year 2.5% of the allotment price, fixed by the Authority at the time of extension

2.5% of the auction price or allotment price as the case may be.

2.5% of the allotment price, fixed by the Authority at the time of extension or auction price, as the case may be.

8th year 2.5% of the allotment price, fixed by the Authority at the time of extension

2.5% of the auction price or allotment price as the case may be.

2.5% of the allotment price, fixed by the Authority at the time of extension or auction price, as the case may be.

1 Rule 13 substituted by Punjab Govt. Notification No.1/149/1986-4HGI/1759 dated the 9 th June, 2010 4 9th year 3% of the allotment price, fixed by the Authority at the time of extension 3% of the auction price or allotment price as the case may be.

3% of the allotment price, fixed by the Authority at the time of extension or auction price, as the case may be.

10th year 3% of the allotment price, fixed by the Authority at the time of extension 3% of the auction price or allotment price as the case may be.

3% of the allotment price, fixed by the Authority at the time of extension or auction price, as the case may be.

11th year 3.5% of the allotment price, fixed by the Authority at the time of extension

3.5% of the auction price or allotment price as the case may be.

3.5% of the allotment price, fixed by the Authority at the time of extension or auction price, as the case may be.

12th year 3.5% of the allotment price, fixed by the Authority at the time of extension

3.5% of the auction price or allotment price as the case may be.

3.5% of the allotment price, fixed by the Authority at the time of extension or auction price, as the case may be.

13th year 4% of the allotment price, fixed by the Authority at the time of extension 4% of the auction price or allotment price as the case may be.

4% of the allotment price, fixed by the Authority at the time of extension or auction price, as the case may be.

14th year 4% of the allotment price, fixed by the Authority at the time of extension 4% of the auction price or allotment price as the case may be.

4% of the allotment price, fixed by the Authority at the time of extension or auction price, as the case may be.

1[15th year and above 4% of the allotment price, fixed by the Authority at the time of extension:

Provided that after completion of the 15 th year, additional fee at the rate of 0.25% shall become payable every year at the time of extension over and above the previous year’s fee.

4% of the auction price or allotment price as the case may be:

Provided that after completion of the 15 th year, additional fee at the rate of 0.25% shall become payable every year at the time of extension over and above the previous year’s fee.

4% of the allotment price, fixed by the Authority at the time of extension or auction price, as the case may be:

Provided that after completion of the 15 th year, additional fee at the rate of 0.25% shall become payable every year at the time of extension over and above the previous year’s fee.]

(2) The fee for the period of extension shall be paid by the transferee within a period of thirty days from the date of the order, made with regards thereto by the Estate officer:

Provided that the period of thirty days may b extended by the Chief Administrator, if he is satisfied on the request of the transferee up to the period of six months from the date of request, falling which the transferee shall have to pay such penal interest as may be determined by the Authority.

(3) The fee, as specified in sub-rule (1) shall be charged half yearly commencing from the 1 st day of January to 30 th June and from the 1 st day of July to 31 st December to the relevant year.

(4) [Omitted]

(5) [Omitted]

(6) The period during which the serving soldiers and officers of the Amend Forces remained posted at 3 [family and non family stations outside the state of Punjab], the fee shall be waived of after due

1. Substituted vide Punjab Govt. Notification No. 1/49/1986-4HGI/1660 dated 31.05.2011.

5 consideration in the case of residential lands by the Chief Administration or any other officer, authorized by him for the purpose of constructing building on those lands.

(7) The cases of legal heirs of the deceased, war windows next kin of police and para-military forces killed in action, allotees suffering from disease due to which they were not capable to carry out construction within the stipulated period, and the cases of officers or official of the State Government and Public Sector Undertakings of the State Government, who were required to server outside the State of Punjab in accordance with their service conditions shall be considered for waiving of extension fee only for residential lands by the Chief Administrator or any other officer authorized by him.

(8) The case of charitable institutions (except the institutions to whom land has been allotted for educational and hospital purposes), which are exempted from income tax under the Income Tax Act, 1961, may be considered by the Authority or its Committee for waiving of extension fee up to eighty percent of the total extension fee, as specified in the table given below sub-rule (1) for the reasons, to be recorded in writing.]

14. Appeal. [Sections 45(5) and 180(2)(j)].– (1) An appeal against an order passed under section 44 or section 45 shall be presented to the Chief Administrator either by the appellant or his agent or shall be sent by registered post addressed to the Chief Administrator in the form of a memorandum of appeal indicating the date of the order appealed against, setting forth concisely the grounds of appeal accompanied by a certified copy of the order appealed against.

(2) The memorandum of appeal shall be signed by the appellant or his agent and shall be accompanied by a fee of fifteen rupees.

(3) On receipt of the memorandum of appeal the Chief Administrator shall fix a date for hearing the parties.

15. Revision. [Sections 45(5) and 180(2)(j)].– The provisions of rule 14 shall apply mutatis mutandis to every application for revision of any order passed by the Chief Administrator under sub-section (6) or sub-section (7) of section 45.

16. Manner of service of notice. [Sections 46(1), 47 and 180(2)(k) and (p)].– In addition to the mode of service specified in the Act, a notice issued under sub-section (I) of section 46 or section 47 shall be served by delivering or tendering a copy of the notice to the person for whom it is intended or to any adult member of his family.

(2) Where a copy of the notice is delivered or tendered in terms of sub-rule (I), the signatures of the person to whom the notice is so delivered or tendered shall be obtained in token of acknowledgement of the service.

(3) In terms of sub-rule (2), if the person or the adult member of the family of such person refuses to sign or where such person cannot be found after using all due and reasonable diligence and there is no adult member of the family of such person, a copy of the notice shall be affixed on the outer door or some other conspicuous part of the ordinary residence or usual place of business of such person and the original notice shall be returned to the Estate Officer who issued the notice, with a report endorsed thereon or annexed thereto stating that a copy has been so affixed, the circumstances under which it was so done and the name and the address of the person, if any, by whom the ordinary or usual place of business was identified and in whose presence the copy was affixed.

(4) If a notice issued under sub-section (1) of section 46 or section 47 cannot be served in the manner provided in the Act or in sub-rule (1), the Estate Officer may, if he thinks fit, direct that such notice may be published in at least one newspaper having circulation in the locality and the contents of the notice be proclaimed in the locality by beat of drum.

PART IV BUDGET, ACCOUNTS AND AUDIT OF ACCOUNTS OF THE AUTHORITY

17. Budget of the Authority. [Sections 52 and 180(2)(m)].– The authority shall prepare its annual budget for the next financial year showing the estimated receipts and expenditure of the Authority in the form set out in Schedule I before or by the 31 st January preceding the commencement of the said financial year and shall forward five copies of the budget so prepared and sanctioned by the Authority to the State Government within thirty days from the date of its sanction.

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18. Supplementary Budget of the Authority. [Sections 52 and 180(2)(m)].– (1) The Chairman or with the approval of the Chairman, the Vice-Chairman of the Authority may, at any time during the year for which a budget has been prepared, lay a supplementary budget before the Authority at a special meeting.

(2) The supplementary budget shall be prepared in the same manner and form in which annual budget is prepared under rule 17.

(3) The provisions of rule 17 will apply to the supplementary budget as regards submission of its copies to the State Government.

19. Preparation and maintenance of accounts of the Authority. [Sections 53 and 180(2)(n)].– Subject to the provisions of the Act and the directions issued by the State Government in this behalf, the Authority shall maintain and keep at its headquarters proper books of accounts and other relevant records with respect to,-

(a) all sums of money received and expended by the Authority and the matters in respect of which the receipt and expenditure takes place.

(b) all sales and purchases of land, sites, buildings, apartments; and

(c) the assets and liabilities of the Authority.

(2) The Authority shall, in each year hold in addition to any other meetings, a meeting as its annual meeting which shall be held within a period of six months ending with the date of closing of the financial year.

(3) At every annual meeting of the Authority held in pursuance of sub-rule (2), the Chief Administrator of the Authority shall lay before the Authority,-

(a) a balance sheet as at the end of the financial year; and

(b) an income and expenditure account for the financial year.

(4) Every balance sheet of the Authority shall give true and fair view of the State affairs of the Authority as at the end of the financial year and shall be in the form set out in Part I of Schedule II or as near thereto as circumstances admit or in such other form as may be approved by the State Government.

(5) Every income and expenditure account shall give a true and fair view of the excesses of income over expenditure or the excesses of expenditure over income for the financial year and shall be in the form the set out in part II of Schedule II or as near thereto as circumstances admit or in such other form as may be approved by the State Government.

(6) The income and expenditure account including the balance sheet prepared under sub-rule (I) shall be signed on behalf of the Authority by not less than two members of the Authority one of whom shall be the Chief Administrator or the Vice Chairman.

(7) The income and expenditure account including the balance sheet shall be approved by the Authority before they are signed on behalf of the Authority in accordance with the provisions of sub-rule (6) and before they are submitted to the auditors for their report thereon.

(8) The Authority shall send a copy of the income and expenditure account including the balance sheet together with the audit report thereon to the State Government and also publish it in the Official Gazette of the Government of Punjab.

20. Audit report of the Authority. [Sections 53(3) and 180(2)(n)].– As soon as the accounts of the Authority are audited by the auditors duly qualified to act as auditors under sub-section (i) of section 226 of the Companies Act, 1956, the Authority shall send a copy thereof together with the audit report thereon to the State Government and the accounts so audited shall be published in the Official Gazette of the Government of Punjab.

21. Annual report of the Authority.[Sections 54 and 182(2)(q)].– (i) After the close of each financial year, the Authority shall prepare and submit to the State Government not later than the 31 st December, next following, an annual report of its activities during that year.

(2) The annual report referred to in sub-rule (I) shall be divided into two parts, namely:-

(a) Part I shall contain general information on the activities of the Authority as far as possible containing chapters on administration works and schemes, development of land and buildings including new townships, construction of houses, special programmes undertaken for low income groups, regulation and enforcement, management of land, buildings and other properties, finance and accounts, research and development including programmes in engineering, town planning and architectural activities and other miscellaneous matter; and

(b) Part II shall contain appendixes giving statistical information relating to the Authority.

1 For the figure letter and word “31 st July”, the figure letter and word “31 st December” substituted vide Punjab Govt. Notification No. 12/13/2010-4HGI/2948 dated the 8 th Sep,2010 7

PART V PLANNING AREA AND REGIONAL PLANS

22. Matters to be considered in specifying Planning area. [Sections 56(2) and 108(2)(q)].– Before making a declaration under sub-section (I) of section 56 for specifying any area to be a planning area the Designated Planning Agency shall take into consideration all or any of the following matters, namely:-

(a) administrative boundary limits that is District, Tehsil, Block, Municipal Area, Village etc. limits;

(b) geographical features, that is physiographic, climate, water, soils and other physical resources;

(c) means of communication and accessibility;

(d) distribution of population that is present and future;

(e) industrial location and growth trends;

(f) economic base and commercial activities;

(g) preservation of historical and cultural heritage;

(h) urban expansion and periphery management;

(i) ecological and environment balance;

(j) balanced regional development of the State;

(k) dispersal of economic activities to alleviate pressure on large cities; and

(l) any other matter which the Board may consider appropriate.

1 [22-A. Form of present land use map. [Sections 59(1) and 180].- The present land use map for a planning area in terms of sub-section (1) of section 59 shall be in the form of drawing which may also include charts, graphs, diagrams, photographs and other explanatory and descriptive matters as may be necessary to illustrate the present use of land, and it shall also indicate the present use of land which may be residential, commercial, industrial, traffic and transportation, re-creational, public parks, play grounds, open spaces, public and semi-public facilities, governmental, agricultural, afforestation, vacant lands or any other kind of land use.

22-B Form of land use register. [Sections 59(1) and 180].- The land use register for a planning area in terms of sub-section (1) of section 59 shall be in Form I which shall indicate the present use of land which may be residential, commercial, industrial, traffic and transportation, re-creational, public parks, playgrounds, open spaces, public and semi-public facilities, government, agricultural, afforestation, vacant lands or any other kind of land use.]

23. Form of Regional Plan.[Sections 62(1) and 180(2)(t)].– (1) The Regional Plan shall be in the form of a written text which may also include maps, charts, graphs, diagrams, photographs and other explanatory and descriptive matters.

(2) The Regional Plans may be prepared in the manner described hereunder:-

(i) a physical survey of the planning area, including that of its broad land use pattern:

(ii) collection of physical and socio-economic data with reference to natural and human resources, distribution of population and industry, communications network, housing requirements, environmental degeneration and such other matters as in the opinion of the Planning Agency relate to the development of the planning area;

(iii) analysis of the data, as indicated in clause (ii) by means of maps, charts, graphs, diagrams and other statistical and cartographical tools and also by means of written matter explanatory of such maps, charts, graphs, diagrams, etc.

(iv) preparation of Regional Plan of the planning area, outlining major proposals of the plan; and

(v) preparation of written matter including zoning regulations forming part of the Regional Plan and including such summary of main proposals and such descriptive matters, as the Planning Agency may consider necessary to illustrate or explain the proposals, indicated by means of maps, charts, diagrams and documents.

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24. Form and manner of publication of notice of draft Regional Plan under Section 63-A. [Sections 63(1) and 180(2)(t)]. – Public notice in Form I stating the fact that the draft Regional Plan of a planning area or a part thereof, as the case may be, has been prepared indicating therein clearly the boundaries of such planning area shall be published in the Official Gazette of the Government of Punjab and also in two newspapers in circulation in the planning area, one of which shall be of the official language of the State, by the Designated Planning Agency, For inviting objections and suggestion within ninty days from the date of publication of the notice.

25. Form and manner of publication of notice of Regional Plan under Section 64. [Sections 64)1) and 180(2)].– (I) A public notice in Form II stating the fact that the draft Regional Plan or part thereof as the case may be sent to the State Government in terms of sub-section (9) of section 63 has been approved by the State Government.

(2) It shall also be stated in the notice to be published under sub-rule (1) that the Regional Plan or part thereof, as the case may be, shall come into operation after the expiry of a period of one month from the date of publication of notice referred to above and a copy thereof may be inspected at all reasonable hours in the offices of-

(i) the Board;

(ii) the Designated Planning Agency; and

(iii) the Deputy Commissioner(s), Sub Divisional Officers (C), Block Development and Panchayat Officer and local authorities in whose jurisdiction the Planning Area wholly or partly falls.

26. Application for permission for development or change of land use.[Sections 67(1) and 180(2)(u).].– (1) Every application for changing the use of any land for any purpose or for carrying out any development in respect of any land under sub-section (I) of section 67 shall be made to the Competent Authority in Form III and shall be accompanied by the following plans and documents in triplicate, namely:-

(i) a copy of revenue plan (aks shajra), showing the locating of the land as per the Index Plan and such revenue particulars such as the name of the revenue estate khasra numbers, area of each of such units of land (that in khasras) and the total area;

(ii) a location plan (guide map) on a scale of not less than 1/50000, showing the location of the land in relation to the surrounding geographical features to enable its precise identification on the ground;

(iii) where the area of the land is one and a half hectare or more, a survey plan of the land on a scale of not less than 1/10000, showing the boundaries of the land in question and also spot levels at a linear distance of at least fifty metres; and

(iv) a plan on a scale of not less than 1/10000, indicating the proposed use or development in respect of the said land, including the existing and the proposed means of its access front and to the established communication network;

(2) Every application (including all the plans and documents enclosed therewith) made under sub-rule (I) shall be signed by the applicant or his duly authorised agent.

(3) Every application under sub-rule (1) made by any person other than a Department of the State Government or the Central Government shall be accompanied by a fee of five hundred rupees per hectare or part thereof to be paid by way of demand draft drawn on a Scheduled Bank.

27. Manner of communicating grounds or refusal.[Sections 67(5) 180(2)(w)].– Where the permission is refused under sub-section (3) of section 67, the grounds of such refusal shall be recorded in Form IV and shall be handed over to the applicant if he is present and his acknowledgement shall be obtained and in case he is not present shall be communicated to the applicant at sending a copy thereof by registered post addressed to the applicant at the address given by the applicant in the application submitted to the Competent Authority under rule 25.

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28. Form of Register of applications for permission.[Sections 67(6) and 180(2)(x)].– (1) The Register of applications for permissions under sub-section (6) of section 6 shall be maintained in Form V.

(2) The register of applications maintained in form V for permission shall be available for inspection by any member of the public at all reasonable hours on payment of a fee of rupees ten payable by cash or by way of postal order.

29. Manner of filing appeal against refusal of permission.[Sections 68(1) and 180(2)(z)].- (1) An appeal against an order passed under section 67 shall be, in writing, signed by the applicant or his duly authorised agent and shall be accompanied by the following documents, namely:-

(i) a certified copy of the order appealed against;

(ii) a precise statement of the facts of the case;

(iii) statements of facts and law in support of the case,; and

(iv) any other material document of evidentiary value relied upon.

(2) The application of appeal made under sub-rule (1) shall be accompanied by a fee or rupees fifty.

PART – VI PREPARTION AND APPROVAL OF MASTER PLAN

30. Form and content of Outline Master Plan – (1) The Outline Master Plan shall be in the form of a written text which may also include maps, charts, graphs, diagrams, photographs and other descriptive matters which the Designated Planning Agency may consider appropriate to illustrate the provisions of the Outline Master Plan.

(2) The provisions of rules 22 and 23 relating to the manner of preparation of a draft Regional Plan shall Mutatis mutandis apply to the preparation of the Outline Master Plan.

(3) The Outline Master Plan may include all or any of the following matters namely:-

(i) the reports of survey analysis of the socio-economic conditions of the planning area and its vicinity and periphery with special reference to the trends of population, industries, business, commerce and such other matters as may relate to the planned development;

(ii) a land use plan based upon such surveys of the existing use of land as may be necessary, as well as projected requirements of land for urban needs and consisting of comprehensive proposals for the most desirable utilisation of such land for uses such as green belt natural reserves, parks and residential, commercial, industrial, cultural, educational transportation recreational public and semi-public activities;

(iii) a traffic and transportation plan based upon the report of survey and inventory of traffic volumes, capacity of existing roads, highways and railways and consisting of proposals for a pattern of streets, roads, highways and parking loading, un-loading and terminal facilities and airports to serve the present and future requirements;

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(iv) a public utilities plan, consisting of proposals for provision of water, electricity, drainage and disposal of sewage and refuse;

(v) a housing plan consisting of estimates of housing requirements and proposals relating to standards of new housing units;

(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 etc;

(viii) reports of survey and proposals for improvement or elimination of slums and lighted areas;

(ix) reports on re-development or renewal of specific areas;

(x) a financial plan, containing estimates of revenue and resource, estimates and objectives of public services and such other fiscal matters and proposals for implementation in stages, of the Outline Master Plan;

an administrative plan, consisting of proposals and recommendations for administrative structure and proceeding and processes such as zoning, subdivision and regulations as may be necessary for the operation and implementation of the Outline Master Plan; and

(xii) such other reports on specific matters, which in the opinion of the Designated Planning Agency, are necessary or desirable for the development of the planning area.

(4) The Board shall within a period of one month from the submission of the Outline Master Plan to it by the Designated Planning Agency in terms of subsection (1) of section 70, direct the Designated Planning Agency to make the modifications, if any, in the Outline Master Plan and when these modifications are carried out, the Board shall give its approval to the Outline Master Plan as envisaged in sub-section (4) of section 70.

31. Resolving of Contradictions. [Sections 70(2) and 180(2)(za)].– (1) In the case of any contradiction between the particulars of proposals shown on one map and those shown on any other map or maps in respect of any area to which the Outline Master Plan relates, the map which is to a larger scale shall prevail and in the case of any such contradiction between any map and the written statement, the latter shall prevail.

32. Consent of the Municipal Committee or the Municipal Corporation – (1) After the Outline Master Plan is approved by the Board under section 70, the Designated Planning Agency shall, where it is not a Municipal Committee or Municipal Corporation, prepare the draft Comprehensive Master Plan for the Local Planning area or a part thereof.

(2) The draft Comprehensive Master Plan prepared by a Designated Planning Agency other than a Municipal Committee or Municipal Corporation, shall be submitted to the Municipal Committee or the Municipal Corporation in whose jurisdiction the local planning area or a part thereof, for which the draft Comprehensive Master Plan has been prepared, falls for giving its consent to the draft Comprehensive Master Plan within a period of sixty days from the date of its receipt, failing which its consent shall be presumed to have been given.

(3) The provisions of rule 28 and 30 relating to the Outline Master Plan shall mutatis mutandis apply to the draft Comprehensive Master Plan as also to the form and contents thereof.

33. Public Notice of draft Comprehensive Master Plan. [Sections 73(1) 180(2) (zc)].– (1)The draft Comprehensive Master Plan, shall in addition to its publication in the Official Gazette of the Government of Punjab, in both map and written test forms be also displayed at a conspicuous place in the offices of,-

(i) the Board ;

(ii) the Designated Planning Agency ;

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(iii) the Deputy Commissioner (s) of the District (s) in which the local planning area wholly or partly falls; and

(iv) the local authority or local authorities in whose jurisdiction the local planning area wholly or partly falls.

(2) A public notice stating the fact that the draft Comprehensive Master Plan of a local planning area or a part thereof, as the case may be, has been approved by the Board and setting forth clearly the boundaries of such local planning area shall also be published in at least two newspapers in circulation in the local area, one of which shall be of the official language of the State.

34. Amendment of the draft comprehensive Master Plan. [Sections 73(3) and 180(2)(zd)].- (1) After considering all the objections and suggestions and after hearing the persons under sub-section

(2) of section 73, any amendments in the draft Comprehensive Master Plan may be made by the Designated Planning Agency within a period of ninety days or within such further period as the Board may extend:

Provided that the period so extended shall not exceed six months.

35. Approval by State Government. [Sections 74 and 180(2)(za)].- The State Government may, within a period of thirty days from the date of receipt of the draft Comprehensive Master Plan in terms of sub-section (3) of Section 70 approve the Draft Comprehensive Master Plan or may approve it with modifications as it may consider necessary or may return the Draft Comprehensive Master Plan to the Designated Planning Agency to modify it or prepare a fresh plan in accordance with the conditions as the State Government may impose in this behalf.

PART VII CONTROL OF DEVELOPMENT AND USE OF LAND IN THE AREA WHERE MASTER PLAN IS IN OPERATION

36. Form of application for permission under Section 81. [Sections 81(1) abd 180(2)(zf)].- (1) Every person intending to carry out any development in respect of, or a change of use of, any land or intending to sub-divide his plot or to layout a private street shall make an application to the Competent Authority in Form VI for granting permission under section 81, along with the following documents and plans in triplicate, namely:-

(a) For carrying out building operations:- Site plan and building plans on the scales as per building made under the Act;

(b) For carrying out other developments of land:- (i) Description of land, property or plot [location with name of road’s on which the property abuts] and area details;

(ii) Asks Shajra Plan with Khasra numbers of land in question (shown in red) and also adjoining Khasra numbers on the outer limits of the land;

(iii) Location plan indicating the land in question on a scale of not less 1:2000 showing main approach roads and any other prominent buildings in the vicinity;

(iv) Survey plan on a scale of not less than 1: 2000 showing the boundaries of land in question, natural features like nala, ponds, trees, slopes, contour Plan, if the land is undulated, high tension line passing through or adjoining land upto a distance of 200 metres, existing roads showing the right of way and railway lines with their specifications and railway boundaries, position of electric and telephone boundaries, position of electric and telephone poles and all such other matters which need to be coordinated with adjoining areas;

(vi) A plan on a scale of not less than 1:2000 showing all development proposal including utilities services with respect to land in question along with an explanatory note indicating the type of development proposed, namely residential, commercial or industrial or any other proposal for change of land use;

(vii) Permission from the Competent Authority in respect of development proposals relating to mining and quarrying;

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(viii) Any other plan, document and details which the Competent Authority may require;

and

(ix) Name and address of the registered Town Planner, Architect or Engineer.

37. Departments of Government and local authorities to notify their intention under Sub-Section (2) of Section 81. [Sections 81(2)(a) and (3)(zg)].- Every department of the Government of Punjab or the Central Government or the local authorities intending to carry out any development in respect of, or change or use of, any land shall notify in writing to the Competent Authority its intention to do so giving full particulars thereof along with the documents and plans as are specified in rule 36.

38. (Sections 81 (2) & 180 (2) (zh): Every application made under rule 36 shall be accompanied by a fee to be paid by way of a demand draft drawn on a Schedule Bank at the following rates namely -

(a) for building operations the same fee as is specified in the building rules made under the Act for the building operations;

(b) development, re-development of land and change of land use, the fee shall be five hundred rupees per hectare or part thereof.

39. Mode of Communication of order under sub-section (6) of Section 81. [Sections 81(6) and 180(2)(zh)].- Where permission is granted with conditions or is refused the grounds for imposing such conditions or such refusal shall be recorded in writing in an order made in Form XVI, VII or Form VIII respectively and shall either be handed over to the applicant if he is present and his acknowledgement shall be obtained or be communicated to him by a registered letter posted at his address given in the application for permission, in case he is not present.

40. Manner of filing appeals and payment of fee under Sub- Section (1) of Section 82. [Sections 82(1) and 180(2)(zi)].- (1) The appeal under Section 82 shall be preferred in the form of a memorandum and shall be presented to the appellate authority either by the appellant himself or by his authorised agent specifying the following matters and also accompanied by the following documents, namely:-

(i) the date of order appeal against along with a copy of such order;

(ii) a clear statement of facts and the grounds in which the appeal is made;

(iii) precisely their relief prayed for; and

(iv) the following verification certificate duly signed by the applicants:- “I/We_____________________________do hereby declare that the facts stated above are true to my/our knowledge and belief.”

(2) The memorandum of appeal referred to in sub-rule (1) shall be accompanied by court fee of rupees fifty.

41. Time and manner in which acquisition notice under Sub-Section (1) of Section 84 is to be served. [Sections 84(1) and 180(2)(zj)].- (1) The ‘Acquisition Notice’ under Sub-Section (1) of Section 84 shall be served on the State Government in Form IX within a period of thirty days from the date of the order of the Competent Authority or the appellant authority as the case may be, together with documentary proof of ownership, location plan and site plan including copy of the order of the Competent Authority or the appellant authority, as the case may be.

(2) After receipt of the notice as Form IX, State Government shall appoint an Arbitrator for submitting a report thereon under sub-section (3) of Section 84.

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. [Sections 85(2) and 180(2)(zk)].- (1) Every claim for compensation under sub-section (2) of Section 85 shall be made to the Competent Authority within thirty days from the date of the order of revocation or modification of permission, as the case may be.

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(2) The claim for compensation referred to sub-rule (1) shall be made in writing and be supported with the following documents, namely:-

(i) a copy of order of permission and proof of development charge or betterment charge paid;

(ii) plan showing the extent of development carried out;

(iii) expenditure incurred in carrying out any work in accordance with the permission which have been rendered abortive by the revocation or modification or permission duly verified by a valuer; and

(3) (i) The notice of refusal to accept the amount of compensation assessed and offered by the Competent Authority shall be given by the owner to the Competent Authority within thirty days from the date of receipt of the offer.

(ii) On receipt of a notice under sub-clause (i), the Competent Authority shall refer the matter for adjudication to the Arbitrator who shall be the prescribed Authority for the purpose of subsection (4) of Section 85.

43. Payment of penalty. [Sections 87(iii) and 180(2)(zzg)].- A person who, either by himself or at the instance of any and other person, commences, undertakes or carries out development of, or change the use of, any land without obtaining certificate regarding development charge or betterment charge under Section 80, the Authority may serve on such person a notice requiring him to pay the development charge or betterment charge, as the case may be, and also a penalty at the rate of eighteen per cent per annum of the amount due from him payable from the date of default upto the date its is actually paid.

44. Time and manner for applying for permission under Sub-Section (3) of Section 87.

[Sections 87(3) and 180(2)(zl)].- Any person aggrieved by the notice referred to in sub-section

(1) of section 87 may within a period of thirty days of the date of the notice may apply for permission in Form X for retention on the land, if any, building or works or for the continuance of any use of the land, to which the notice relates.

45. Appeal under Sub-Section (3) of Section 87. [Sections 87(3) and 180(2)(zr)].- (1) An appeal against the notice served under sub-section (1) of section 87 shall be in the form of a memorandum presented to the State Government either by the appellant himself or by his authorised agent or shall be sent by registered post addressed to the State Government indicating the date of notice appealed against and setting concisely the grounds of appeal and shall be accompanied by a certified copy of the notice appealed against.

(2) The memorandum of appeal shall be signed by the appellant or his authorised agent and shall be affixed with a court fee stamp of rupees fifty.

46. Appeal under Sub-Section (1) of Section 89. [Sections 89(2) and 180(2)(zzg)].- Any person aggrieved by the notice served under sub-section (1) of section 89 may appeal to the State Government within a period of thirty days from the date of service of notice in the same manner and in the same form as provided for under rule 44 for preferring appeal under subsection (3) of Section 87.

47. Manner of serving acquisition notice sub-section (6) of Section 89. [Sections 89(5) and 180(2)(zm)].- The acquisition notice referred to in sub-section (5) of section 89 shall be served in writing by the person interested in the land in respect of which a notice has been served under sub-section (1) of section 89 on the State Government personally or be sent through a registered post requiring his interest in the land to be acquired within the period specified in such notice or within thirty days form the date of disposal of the appeal under subsection (2) of Section 87.

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PART VIII TOWN DEVELOPMENT SCHEMES

48. Other matters to ‘be included in the scheme. [Sections 91 (1)(b) and 180(2)(zzf)].- Other matters to be included in a scheme in terms of the provisions of clause (p) of sub-section (1) of section 91 shall be such as may be determined by the Authority by means of a resolution and the Authority may determine different schemes.

49. The manner of publication of declaration. [Sections 92(2) and 180(2)(zzf)].- The Authority shall publish the declaration referred to under sub-section (2) of section 92 in Form XI in two news-papers; one of which shall be of the official language of the State, widely in circulation in the area of the scheme in addition to its publication in the Official Gazette of the Government of Punjab and the Authority shall cause copies of the declaration to be affixed at conspicuous place in or near the area included in the development scheme and at the offices of the Authority, the local authority and the Deputy Commissioner in whose jurisdiction the area of the scheme wholly or partly falls.

50. The manner of Publication of Notice. [Sections 93(1) and 180(2)(zn)].- (1) The notice, stating that a draft scheme in respect of an area-under sub-section (1) section 93 shall, in addition to its publication in the Official Gazette of the Government of Punjab, be published in Form XIII in two newspapers one of which shall be of the Official Language of the State, widely in circulation in the area of the Scheme; and shall also be published by displaying a copy thereof at a conspicuous place in the offices of the Authority, the local authority and the Deputy Commissioner in whose jurisdiction the area to the Scheme wholly or partly falls.

51. Time within which local Authority is to give consent under sub-section(2) of Section

93. [Sections 93(2) and 180(2)(zn)].- (1) The local authority, in which whose jurisdiction the land under the draft Scheme published under sub-section (1) of section 93 falls, shall give it consent as required under sub-section (1) of section 93 within a period of thirty days from the date of the Authority has issued a letter to that effect to the local authority.

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52. Publication of declaration under sub-section (1) of Section 95. [Sections 95(1) and 180(2)(zzy)] - A declaration under sub-section (1) of section 95 regarding the making of the draft scheme shall be published in Form XIII in the Official Gazette of the Government of Punjab and in two newspapers one of which shall be in the official language of the State widely in circulation in the area in which the land is situated and copies thereof shall be passed by the Authority in a prominent place within the said land and at conspicuous place in the offices of the Authority, the local authority and in the Deputy Commissioner in whose jurisdiction the area of the scheme wholly or partly falls.

53. Form of application under section 99 (1) (A). [Sections (1)(a) and 180(2)(zzg)].- Every application for instituting or changing the use of any land or building or carrying out any development in respect of land included in the Scheme shall be made to the Authority in Form XIV and shall be accompanied by the following documents, namely:-

(i) A copy of revenue plan (shajra), showing the location of the land as per the Index Plan and such revenue particulars as name of the revenue estate, Khasra numbers, area of each of such units of land and the total area;

(ii) A location plan (guide map), on a scale of not less than 1,50,000, showing the location of the land in relation to the surrounding geographical features to enable its precise indentification on the ground;

(iii) Where the area of the land in one and a half hectare or more, a survey plan of the land on a scale of not less than 1/10000, showing the boundaries of the land in question and also spot levels at a linear distance of atleast fifty meters; and

(iv) A plan on a scale of not less than 1/10000, indicating the proposed use or development in respect of the said land, including the existing and the proposed means of its access from and to the established communication network.

54. Form of permission under section 99 (1) (a). [Sections 99(1)(a) and (180)(2)(zzy)].– The permission in terms of the provisions of clause (a) of sub-section (1) of section 99 shall be granted by the Authority in Form XV.

55. Qualifications for appointment as Arbitrator. [Sections 102(1) and 180(2)(zo)].– (1) No person shall be eligible for appointment as Arbitrator under sub-section (1) of section 102 unless he is an associate member of the Institute of Town Planners (India); or an associate member of the Institute of Architects (India); or an associate members of the Institute of Engineers (India) and has ten years experience in Regional Town Planning in a Town and Country Planning Organisation of the State Government or the Central Government on a post not below the rank of Assistant Town Planner.

56. Procedure to be followed by the Arbitrator and manner of giving notice under section 102 (2) (i) and (ii). [Sections 102(3)(i) and (ii) and 180(2)(zzg)].– (1) Before defining, demarcating and deciding the areas allotted to or reserved for public purpose or purposes of the Authority and reconstituting plots under the scheme in terms of the provisions of sub-section (3) of section 102 and before deciding the person or persons to whom reconstituted plot is to be allotted and such plot is to be allotted to persons having ownership in the command and deciding the shares of such persons, the Arbitrator shall publish a notice in the Official Gazette of the Government of Punjab and in two newspapers one of which shall be of the Official language of the state widely in circulation in thearea of the scheme stating therein the time as provided in section 128 within which the owner of any property or any person, whose rights are injuriously affected by making of the Scheme, shall be entitled under section 128 to make a claim for compensation before him and such notice shall also be displayed at some conspicuous place in the offices of the Authority, local authority and the Deputy Commissioner in whose jurisdiction the area of the scheme wholly or partly falls.

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(2) The Arbitrator shall, upto the date specified in the notice under sub rule (1), continue to carry on his duty as far as possible on all working days during the office hour in respect of the Scheme.

(3) Before proceeding to deal with the matters specified in sub-section (3) of section 102, the Arbitrator shall, subject to the provisions of section 166, publish a notice in Form XVI in the Official Gazette of the Government of Punjab and in two newspapers, one of which shall be in the Official language of the State widely in circulation in the area of the scheme inviting objections from persons interested in any land or building comprised in the scheme or affected by any of the particulars specified in the scheme within thirty days from the date of publication of such notice in the Official Gazette and such notice shall also be displayed at conspicuous place in the office of the Authority, local authority and the Deputy Commissioner in whose jurisdiction the area of the scheme wholly or partly falls.

(4) The Arbitrator shall, give all such persons who have filed objections in response to and within the time specified in the notice published under sub rule (3) sufficient opportunity of being heard and shall not give any decision till he has duly considered their objections.

(5) If during the proceedings, it appears to the Arbitrator that there are conflicting claims or any differenence of the opinion with regard to any of the particulars of the scheme, the Arbitrator shall give his decision with reasons therefore and decision so recorded shall be appended to the scheme at the time of its submission to the State Government for sanction under subsection (2) of section 112.

(6) The Arbitrator shall record and enter in the scheme every decision given by him in respect of any of the particulars specified in section 102 and the redistribution and valuation statement and the financial statement shall be sent out recorded in Form XVII and Form XVIII respectively and in such other form including written matter as may be prepared by the Arbitrator.

(7) The scheme as prepared by the Arbitrator may include such matters as envisaged in rule 48 as may be relevant in relation to the provisions of section 112.

(8) The various parts of the scheme shall be so arranged that they can be easily referable in relation to maps and plans forming part of the scheme.

(9) Immediately after the final scheme has been drawn up in the manner provided in section 112, the Arbitrator shall,-

(a) publish a notice in Form XIX in the Official Gazette of the Government of Punjab and in two newspapers, one of which shall be of the Official language of the State, widely in circulation in the area of the scheme about the preparation by him of the final scheme, announcing, that the scheme shall be open for inspection by the public during office hours at his office; and

(b) Communicate, forthwith the decision taken by him under sub-section (3) of section 102 in respect of each plot to the owners or persons interested by the issuing relevant extract from such scheme in Form XX.

Explanation.- For the purposes of sub-rules (9), the expression “plot” shall mean a portion of land in one ownership and numbered and shown as one plot in the Scheme.

(10) The Arbitrator shall also inform the President of the Tribunal of Appeal about the publication of notice under sub-clause (a) of sub-rule (9).

57. Form of final scheme. [Sections 102(3) and 180(2)(zo)].- (1) The final scheme drawn by the Arbitrator in accordance with the draft scheme under clause (xxi) of sub-section (3) section 102 shall provide for,-

(a) all matters specified in sub-section (2) of section 91;

(b) all matters specified in clauses (i) to (xx) of sub-section (3) of section 102 as per decision of the Arbitrator, if no appeal is preferred; and

(c) all matters specified in clauses (i) to (xi) and clauses (xiv), (xv), (xvi), (xviii),

(xix) and (xx) of sub-section (3) of section 102 as per decision of the Tribunal of Appeal, if appeals are preferred under sub-section (3) of section 102.

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58. The manner of serving notice under sub-section (1) of section 114.[Section 114(1) and 180(2)(zp)].- (1) If at any time before the final scheme is sanctioned under section 113, the State Government considers it expedient that a scheme should be withdrawn, it may serve a notice in Form XXI under sub-section (1) of section 114 on all the persons interested in the scheme, for its intention to withdraw the scheme by publishing it in two newspapers, on of which shall be of the official language of the State, widely in circulation in the area of the scheme and also publishing it in the Official Gazette of the Government of Punjab.

59. Procedure of eviction under sub-section (1) of section 116. [Sections 116(1) and 180(2)(zq)].-

(1) Any person continuing to occupy the land which he is not entitled to occupy under the final scheme shall be summarily evicted by the Authority or any offices authorized in that behalf by the Authority in accordance with the procedure laid down under section 46.

60. Particulars to be given in the notice under sub-section (1) of section 117. [Sections 117(1) and 180(2)(zr)].- (1) The notice referred to under sub-section (1) of section 117 shall be given in Form XXII giving the following particulars, namely:-

(a) the existing building or structures which is in contravention of the provision of the final Scheme;

(b) erection or re-erection of building or structure and any other work carried out or being carried out within the area of the Scheme in contravention of the final scheme.

61. Manner of publication of notice under sub-section (2) of section 118. [Sections 118(2) and 180(2)(zs)].-(1)The Authority shall publish a notice under sub-section (2) of section 118, stating that a draft variation in the scheme has been prepared, in two newspapers widely in circulation in the area of the scheme one of which shall be of the official language of the State in the addition to its publication in the Official Gazette of the Government of Punjab.

(2) The notice referred to sub-rule (1) shall also be published by displaying a copy thereof at a conspicuous place in the offices of the Authority, Local Authority and the Deputy Commissioner in whose jurisdiction the area of the scheme wholly or partly falls.

62. Particulars of draft variations under sub-section (3) of section 118. [Sections 118(3) and 180(2)(zt)].- (1) If the Scheme needs variation or modification of a minor nature as referred to under sub-section (1) of section 118, the notice of preparation of draft variation as published under sub-section (2) of section 118 shall contain every amendment proposed to be made in the Scheme due to the variation in any of clauses specified under sub-section (2) of section 91 and consequential changes involved in clauses(i) to (xx) of sub-section (3) of section 103 are required to be made.

63. Period for making payment under sub-section (2) of section 131. [Sections 131(2) and 180(2)(zu)].- If the owner referred to in sub-section (1) of section 131 fails to make the payments as per direction of the Arbitrator made under the said sub-section (1) within a period of thirty days from the date of direction, the Arbitrator, if the Authority so requires, shall proceed to acquire the original plot in the manner provided in sub-section (2) of section 131.

64. Number of instalments and rate of interest under section 133 (1). - The net amount payable under the provisions of section 133 may be paid in lump sum or in six equated annual instalments and where the owner elects to pay the said amount by instalments, interest at the rate of fifteen per cent per annum shall be payable on the net amount.

65. Procedure to be followed by the Tribunal of Appeal under sub-section(4) of section

135. [Sections 135(4) and 180(2)(zv)].- (1) If any question arises whether a sum is due to the Authority within the meaning of sub-section (2) of section 135, it shall be referred to the Tribunal of Appeal constituted under section 105 who shall after making such inquiry as it may deem fit and after giving to the person by whom the same alleged to be payable an opportunity of being 18 heard, decide the question referred to it, as far as possible, in the same manner as is followed by a civil court in deciding appeals under the Code of Civil Procedure, 1908.

(2) The Tribunal of Appeal shall record its decision in writing in every case where the decision of the Arbitrator under clauses (iv) to (xi) and clauses (xiv), (xv), (xvi), (xviii), (xix) and

(xx) of sub-section (3) of section 102 of the Act is modified, varied or rejected by it.

(3) On receipt of a reference from the Authority under sub-rule (1) the Tribunal of Appeal shall give notice as it deems sufficient to the parties concerned.

66. Recovery of cost under sub-section (2) of section 137. [Sections 173(2) and 180(2)(zw)]- (1) If any officer is appointed by the State Government to complete all the works under the provisions of sub-section (2) of section 137, the cost of such works if not paid on demand, shall be recoverable from the Authority as arrear of land revenue.

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PART-IX LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE AND BETTERMENT CHARGE

67. Rate of interest on late payment of development charges. [Sections 140(2) and 180(2)(zx)].- In the event of failure to make payment of development charge as assessed by the Authority under sub-section (1) of section 140 by the person liable to pay such charge on or before the date specified, in the notice given to him by the Authority, interest at the rate of eighteen percent per annum shall be charged on the amount remained unpaid after the said date till the date the amount is actually paid in full.

68. Rate of interest on late payment of betterment charge. [Sections 141(4) and 180(zx)].- In the event of failure to make payment of the amount of the betterment charge as assessed by the Arbitrator under sub-section (3) of section 141 by the liable to pay such change on or before the date specified in the notice given to him by the Authority, interest at the rate of eighteen percent per annum shall be charged on the amount remained unpaid after the said date till the amount is actually paid in full.

69. Security for payment of development charge of betterment charge for filing appeal.

[Sections 142(4) and 180(2)(zy)].- The appellant shall furnish to the Chief Administrator of the Authority to the person authorized by him in this behalf, sufficient security either in cash or through a bank guarantee in Form XXIII as it determined by the Tribunal of Appeal before whom appeal has been filed.

70. Manner of enforcing orders of the Tribunal of Appeal passed under section 142.

[Sections 142(5) and 180(2)(zz)].- An order passed by the Tribunal of Appeal under section 142 shall be enforced by the Authority in the manner specified here under:-

(a) in case the amount of development charge or betterment charge as assessed by the Arbitrator is reduced in appeal, refund the amongst of development charge or betterment charge as the case may be, to the extent it is so reduced; and

(b) in case amount of development charge or betterment charge, as the case may be, as assessed by the Arbitrator, is confirmed or enhanced in appeal, deduct the amount so confirmed or enhanced out of the security deposit or the bank guarantee furnished by the assesses at the time the appeal was filed, and if the amount so confirmed or enhanced is more than the amount of the security deposit or the recover the remaining amount after adjusting bank guarantee, the amount of the security deposit or bank guarantee, as if it is an amount recoverable as arrear of land revenue.

71. Payment of development charge fix under section 161. [Sections 161 and 180(2)].- (1) The owners of lands and buildings to which amenities provided by the Authority are extended under section 161 shall be liable to pay to the Authority the amount of the development charge as is fixed by the State Government under that section.

(2) On receipt of an intimation about the fixation of development charge under section 161, the Authority shall give to the person liable to pay the development charge a notice, in writing, of the amount of development charge payable by him and the date by which such payment shall be made and such notice shall also state that in the event of failure to make such payment on or before such date, interest at the rate as may be fixed by the Government from time to time by notification in the official gazette, shall be payable from such date on the amount remaining unpaid.]

(3) If the amount of development charge is not paid within the period specified in the notice issued in sub-rule (2), the amount so remained unpaid together with interest shall be recoverable as arrears of land revenue.

PART X

1.Subsituted vide Notification No. GSR. 21/PA-11/1995/S.180/Amd.(4)/2009 dated 25 th May 2009, published in Punjab Govt. Gaz.

(Extra) June 1,2009.

20 CONTROL AND DEVELOPMENT ALONG SCHEDULED ROADS

72. Application for permission under section 144. [Sections 144(1) and 180(2)(zza)].- (1) Every person desiring to obtain permission of the Competent Authority under clauses (b), (c) or (d) of subsection (2) of section 143 shall make an application to the Competent Authority in Form XXIV which shall be accompanied by the plans and documents mentioned therein.

(2) The site plan mentioned in the application shall be drawn on a scale, of not less than one centimetre to a metre indicating the boundaries of the site, specifying therein:-

(a) the outline of the proposed building with outer dimension mentioning therein;

(b) the total area to be covered;

(c) the existing building, if any, by distinct notation.

(3) The building plan mentioned in the application made under sub-rule (1) shall be drawn to a scale of not less than 1:100 and indicate,-

(a) the plan of all the floors of the building;

(b) the elevation in typical sections, to be given only in the case of motor fuel filing station or bus queue shelter; and

(c) the plinth level with reference to the level of the central line of the scheduled road or bye-pass as the case may be.

73. Principles and conditions under which permission under section 144 may be granted or refused. [Sections 144(i) and 180(2)(229)].- No permission shall be granted on an application submitted under rule 72 unless,-

(a) the erection or re-erection of the building conforms to the building rules;

(b) the means of excess take off from in existing road or revenue rasta already adjoining the scheduled road or conforms to traffic requirements of the scheduled road as determined by the Competent Authority; and

(c) the erection or re-erection of motor fuel filling station or bus queue shelter is in accordance with the designs and specifications laid down by the Competent Authority.

74. Information necessary to validate application under rule 72. [Sections 144(i) and 180(2)(229)].- (1) No application under rule 72 shall be considered to be valid unless,-

(i) it is made on the form specified in rule 72 and all the necessary information required to be filled in that form is given; and

(ii) where necessary, it is accompanied by the requisition number of the site plans, building plans and other documents.

(2) In case of failure to submit the application n the manner specified in sub-rule

(1), the application together with the plans and documents if any, shall be returned to the applicant for re-submission in accordance, with these rules.

75. Form in which order under sub-section (2) of Section 144 (2) is to be passed. [Sections 144(i) and 180(2)(229)].- After an application in the form specified in rule 72 containing the requisite information and accompanied by necessary documents as mentioned in rule 74 is received, the Competent Authority shall, after making such inquiry as it consider necessary, pass an order under section 144 in Form XXV.

76. Register to be maintained by the Competent Authority under Section 144(4). [Sections 144(4) and 180(2)(221)].- (1) The Competent Authority shall maintain a register in Form XXVI containing particulars of all such cases in which the permission is given or deemed to have been given or refused by it under section 144.

(2) The register specified under sub-rule (1) shall be available for inspection without charge by all persons interested and such persons shall be entitled to obtain copies of the extracts of the register relevant to such persons on payment of fee at the rate of rupees five per page.

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PART IX TRANSFER OF EMPLOYEES OF THE DIRECTORATE OF HOUSING AND URBAN DEVELOPMENT TO THE PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY.

77. Employees of the Directorate to give option for their transfer to the Authority, [Sections 154 and 180(2)(221)].- (1) As soon as may be, after the date of establishment of the Punjab Urban Planning and Development Authority under section 17 of the Act, the State Government shall obtain option in Form XXVII the employees serving immediately before that the date in connection with the affairs of the State of Punjab in the Directorate of Housing and Urban Development, whose assets transferred to the Punjab Housing Development Board under the Punjab Urban Estates (Development and Regulation) Act, 1964 (Punjab Act 22 of 1964), as to whether they are wiling to be transferred to the service of the Punjab Urban Planning and Development Authority.

(2) After obtaining the option of the employees of the Directorate under sub-rule

(1), the State Government shall forward such option to the Punjab Urban Planning and Development Authority for considering the suitability of such employees for their transfer to the service of the Authority.

(3) When the suitability of the employees of the Directorate is determined by the Authority referred to the sub-rule (2), it shall recommend to the State Government the names of the employees found suitable for transfer to its service.

(4) On receipt of recommendations under sub-rule (3), the State Government shall issue orders under sub-section (1) of section 151 of the Act for the allocation of the employees of the Directorate to the Authority with effect from the date of establishment of the Punjab Urban Planning and Development Authority under section 17.

22 Schedule I [See rules 16 and 17(2)] Budget Estimates of The Punjab Urban Planning And Development Authority Abstract of the Budget/Supplementary Budget for the year__________________ (Figures in lacs) Account of the previous year Budget for the Current Year Revised Estimates for the Current Year Budget Estimates for the year Receipts

1. Opening Balance

2. Capital Receipt

3. Revenue Receipt Total :

Expenditure

1. Capital Expenditure

2. Revenue Expenditure Total :

Closing Balance Budget Estimates/supplementary Estimates of The Punjab Urban Planning And Development Authority For The Year___________________ (Figures in lacs) Serial No.

Particulars Accounts of previous year Budget for the Current Year Revised Budget Estimates for the Current Year Budget Estimates for the year 1 2 3 4 5 6 A Opening Balance B Capital Receipts 1 Loan from Government 2 Loan from the Housing and Urban Development Corporation

(i) Authority's Schemes(Annexure I)

(ii) Government Schemes(Annexure II) 3 Loan from other Sources 4 Subsidies 5 Grants 6 Sub-ventions from Government 7 Advance Deposits

(i) From Government for Government Schemes excluding interest (Annexure )

(ii) From others (Private Promoters) (Annexure )

(iii) From applicants for plots (Annexure )

(iv) From applicants for houses (Annexure )

(v) From sale of commercial plots (Annexure )

(vi) From sale of built-up Booths/Shop-cum- Offices (Annexure ) 23

(vii) From applicants as Earnest Money for houses (Annexure )

(viii) From applicants as Earnest Money for plots, residential, commercial and built-up Booths/Shop-cum- Offices (Annexure ) 8 Recoveries

(i) Instalments(Principal of houses) (Annexure )

(ii) Instalments of plots (Annexure )

(iii) Instalments on sale of commercial plots, booths and shops-cum- Offices (Annexure ) 9 Additional Price (plots) (Annexure ) 10 Additional Price (Houses) (Annexure ) 11 Debentures and Bonds etc.

12 Recovery of loans for construction of buildings (Annexure ) Total Capital Receipts C. Capital Expenditure 1 Authority's Schemes

(a) (i) Purchase of land

(ii) Payment of enhanced compensation

(iii) Construction of Social Houses(Annexure )

(iv) Construction of Commercial Centres (Annexure )

(b) (i) Establishment and contingent expenditure (Head Office)

(ii) Establishment and contingent expenditure on (Field Staff) 2 Development Works

(i) Development of land for social houses(Annexure )

(ii) Development of land for other purposes (Annexure ) 3 Government Schemes 4 Deposit Works 5 Investments

(i) Share Capital/Promoters' contribution for companies

(ii) Others 6 Purchase of capital assets of the Authority 7 Refund of earnest money (Houses) 8 Refund of earnest money 24 (Plots) 9 Loans for construction of buildings for residential, industrial and commercial purposes 10 Loans to the employees of the Authority 11 Other loans 12 Repayment of loans

(i) Government

(ii) (Housing Urban Development Corporation (Annexure)

(iii) Others 13 Stock inventory 14 Purchase of material for Laboratory etc. (Quality control) 15 Purchase of machinery 16 Other capital expenditure, if any Total Capital Expenditure D. Revenue Receipt 1 Licence fee from promoters and State agents

2. Other fees from sale/lease/transfer etc. of property

3. Interest from Banks

4. Interest on instalments of Houses/Plots/Commercial sites etc. (Annexure )

5. Interest from Government on HUDCO loan received for Government Schemes (Annexure )

6. Rent from Booths/Shop-cum- Offices

7. Other miscellaneous receipts

8. Miscellaneous Income

(i) Centage and Administrative Charges

(ii) Stock Storage 9 Receipts on account of loans paid to employees Total Revenue Receipts E. Revenue Expenditure 1 Payment Of Interest

(i) Government

(ii) HUDCO (Annexure)

(iii) Others 2 Salaries of Establishment (Annexure ) 3 Office contingency (Annexure ) 4 Miscellaneous Expenditure (Annexure ) Total Revenue 25 Expenditure Schedule of Hudco's Loan Proposal For The Year _______ (Social Houses) (Figures in lacs) Serial No.

Name of Scheme Scheme Number Loan Component Budget provision for the current year Loan drawn against budget upto_____ Loan expected upto_____ Revised Budget for the current year Budget for the year____ 1 2 3 4 5 6 7 8 9 Schedule of Hudco's Proposal For The Year ____________ (Government Schemes) (Figures in lacs) Serial No.

Name of Scheme Scheme Number Local Component Budget provision for the current year Loan drawn against Budget upto----- Loan expected upto_____ Revised Budget for the current year Budget for the year_____ 1 2 3 4 5 6 7 8 9 Schedule of Capital Receipt of Houses, Plots Etc.

(Figures in lacs) S.No. Name of Estate Office Budget Estimates for the Current year Revised Budget Estimates for the current year Budget Estimates for the year Twenty five per cent cost Monthly instalments Total Twenty five per cent cost Monthly instalments Total Twenty five per cent cost Monthly instalments Total Principal Interest Principal Interest Principal Interest 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I. Housing II. Residential Plots III. Commercial Plots IV. Built-up Booths/Shop-cum-Offices V. Other Miscellaneous Receipts of Capitalnature e.g. additional price VI. Recovery of loans for construction of houses VII. Recovery of loans from promoters VIII Others Schedule of Capital Receipts of Government Schemes (Figures in lacs) S.

No.

Name of work Budget Estimates for the current year Revised Budget Estimates for the current year Budget Estimates for the year State Government HUDCO Loan OtherTotalState Government HUDCO Loan OtherTotalState Government HUDCO Loan OtherTotal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Schedule of Expenditure For The Acquisition of Land/social Houses/commercial Centres/urban Estates/government Schemes (Separate Annexure For Each) (Figures in lacs) S.No.Name of Scheme Estimated Cost Accounts of the previous year Budget for the current year Actual from April to September Anticipated from October to March Revised Estimate for the current year Budget Estimates for the year 1 2 3 4 5 6 7 8 9 26 Schedule of Re-payment of Loan for the Year (Figures in lacs) S.

No.

Particulars of Repayment Actual for the previous year Budget Estimates for the current year Revised Budget for the current year Estimates for the year PrincipalInterestTotalPrincipalInterestTotalPrincipal InterestTotalPrincipalInterestTotal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I. Punjab Government II. HUDCO

(i) For Government Schemes

(ii) Social Houses

(iii) Other Refunds Schedule of Expenditure on Establishment For The Year, 199__ (Figures in lacs) S.No. Particulars Account for the Previous year Budget for the current year Revised Estimates for the current year Budget Estimates for the year 1 2 3 4 5 6 1 Pay and allowances 2 Medical reimbursement 3 Travelling Allowance 4 Leave Salary and Pension Contribution 5 Loan and Advances to staff 6 Contingencies 7 Miscellaneous Total :

Schedule II [See rule 18(4)] The Punjab Urban Planning And Development Authority Part-I Balance Sheet as on 31st March Previous Year Amount in Rupees Liabilities AnnexureCurrent Year Amount in Rupees Previous Year Amount in Rupees Assets AnnexureCurrent Year Amount in Rupees Capital Reserve A Fixed Assets F Secured Loans B Investment G Unsecured Loans C Work Executed by Authority H Deposit with Authority D Current Assets Loans and Advances I Current Liabilities E Note : 1. The authority may add other annexures to explain detail of various Heads in the Balance Sheet.

Note : 2. Schedules and notes to accounts form an integral part of the accounts.

____________________________Chief Administrator Vice-Chairman Place_______________________ Dated_______________________ Auditor's Report In terms of our separate report of even date attached to the balance-sheet.

27 The Punjab Urban Planning And Development Authority Income and Expenditure Account for the year, ending 31st March.

Previous Year Amount in Rupees Particulars Amount in Rupees Current Year Amount in Rupees Previous Year ParticularsAmount in Rupees Current Year Amount in Rupees Administrative and other Expenses (As per Annexure-J) Interest Received From Banks Less Administrative Charges capitalised From Allottees on instalments.

(Ten per cent of the work executed on own schemes) Interest and Dividends from investments.

Depreciation (As per Annexure-F) Others Interest on Loans :- Miscellanous Receipts HUDCO Receipt on Booths/Shop-cum-Offices.

Punjab Government Others Less transferred to Replacement Reserves Less interest capitalized to Schemes Profit on sale of Vehicles Interest paid on Earnest Money Forfeiture of earnest money Interest on debentures/bonds/Other Financial Institutions.

Stock Storage Provision for loss of stock Contage on Deposit work Excess of income over expenditure transferred to general reserve Sewerage ChargesExcess of expenditure over income Excess provisions written back, if any, Chief Administrator Vice-Chairman Place :

Dated :

Note : The Authority may add other annexures or other explanation or information to explain detail of Income and Expenditure.

Auditor's Report In terms of our separate report of even date attached to the balance-sheet.

28 The Punjab Urban Planning And Development Authority Capital Reserve As On 31st March ______ Annexure A Previous Year Particulars Amount in rupees Current Year Amount in lacs (A) General Reserve

(i) Capital Fund Balance as on 1st April Add Additions during the year

(ii) Subsidy (subversion) from Punjab Government.

(B) Repair and Replacement Reserve

(i) Houses as on 1st April Addition During the year Less repair______________________

(ii) Shop-cum-Offices and Booths as on 1st April Addition during the year___________________ (C) Revaluation Reserve

(i) Balance as on 1st April Add Additions______________________ (D) Reserve for Staff Welfare As on 1st April Additions during the year_____________ Chief Administrator Vice-Chairman Place________________ Dated_____________ Auditor's Report In terms of our separate report of even date attached to the balance-sheet.

29 The Punjab Urban Planning And Development Authority Secured Loans As On 31st March_______________ Annexure-B Previous year Particulars Current year

1. Housing and Urban Development Corporation.

2. Banks

3. Any other Organisation Total :

Place : Chandigarh Dated :

Chief Administrator Vice-Chairman Auditor's Report In terms of our separate report of even date attached to the balance sheet.

The Punjab Urban Planning And Development Authority Unsecured Loans As On 31st March_______________ Annexure-C Previous year Amount in Rupees Particulars Current year Amount in rupees Housing and Urban Development Corporation Limited (Guaranteed by State Government and Bank) Punjab Government Loan from State Government for Low Income Group (LIG) and Middle Income Group (MIG) Houses.

Interest free loan from Punjab Government Loan from others (Give details) ________________Chief Administrator Vice-Chairman Place :

Dated :__________ Auditor's Report In terms of our separate report of even date attached to the balance sheet.

30 The Punjab Urban Planning And Development Authority Deposit with the Authority as on 31st March,_________________ Annexure-D Previous YearAmount in Rupees Particulars Current yearAmount in Rupees Earnest money/Security from Contractors, Brick Kiln owners and suppliers.

Deposit for work to be done pending adjustment against work.

Earnest money from allottees and prospective buyers.

Earnest money for plots from allottees and prospective buyers.

Security from employees.

Instalment received pending adjustments.

Deposit for work (As per contra) (payment liability to HUDCO).

Advance instalments.

Other Securities.

_______________Chief Administrator Vice-Chairman Place :

Dated :

Auditor's report In terms of our separate report of even date attached to the balance-sheet.

The Punjab Urban Planning And Development Authority Current Liability and Provisions as on 31st March_______________ Annexure-E Previous YearAmount in rupees Particulars Current YearAmount in rupees A. Current Liabilities :

1. Creditors and Payables :

(i) Creditors for Suppliers.

(ii) Creditors for Expenses.

(iii) Creditors for Contractors.

(iv) Other Creditors.

(v) Payable to staff.

(vi) Loan instalments due but not paid to Punjab Government.

(vii) Interest accrued but not paid to Punjab Government.

(viii) Provident Fund (Contributory)

(ix) Loans instalments due but not paid to the Life Insurance Corporation.

(x) Interest due but not paid to the Life Insurance Corporation.

(xi) Amount payable to other creditors.

2. Suspenses Account (As per contra)

(i) Hire-Purchase Sales Suspense Account.

(ii) Hire-Purchase Interest Suspense Account.

3. Other

(i) Compulsory Deposit Scheme Deductions.

(ii) Suspense Account penal rate recovery.

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(iii) Stock Suspense Account.

4. Miscellaneous Sub Total 'A' B. Provisions :

1. Provisions for sub-standard materials.

2. Provisions for doubtful advances of suppliers, Brick Kiln Owners and Contractors as on ____________________ Addition during the year.

3. Provision for other doubtful advances.

Additions during the year.

4. Provisions for Gratuity.

Additions during the year.

5. Provision for Losses due to natural calamities and other factors.

Sub Total 'B' Total (A+B) ________________Chief Administrator Vice-Chairman Place :

Dated :

Auditor's Report In terms of our separate report of even date attached to the balance-sheet.

The Punjab Urban Planning And Development Authority Schedule of Fixed Assets As On___________ Annexure-F ParticularsCost as on 1st April Addition during the year Write off Total as on 31st March Rate of Depreciation Upto 31st March During the year Written Back Total upto 31st March as on 31st March Written down value as on 31st Marc 1 2 3 4 5 6 7 8 9 10 11 12

1. Furniture and Fixure

2. Vehicles

3. Office Equipments

4. Feroprinting Machines

5. Cycles

6. Typewriter and Duplicators

7. Weighing Machines

8. Library Books

9. Water Coolers

10. Survey Equipments

11. Trucks

12. Air Conditioners

13. Lab Equipments

14. Office-partition

15. Road Rollers

16. Computer

17. Buildings

18. Less subsidy from HUDCO for computer Sub Total :

32 GROSS BLOCK DEPRECIATION ParticularsCost as on 1st April AdditionWrite off 31st March Total as on Rate of depreciation upto 31st March During the year Written back Total upto 31st March As on 31st March As on 31st March 1 2 3 4 5 6 7 8 9 10 11 12 *** TOOLS AND PLANTS Sub-Total :

Total :

________________Chief Administrator Vice-Chairman Place :

Dated :

Auditor's Report In terms of our separate report of even date attached to the balance-sheet.

*** Give details.

The Punjab Urban Planning And Development Authority Investment As On 31st March, __________________ Annexure G Previous years Amount in rupees Particulars Current year Amount in rupees

1. Investment in Government or Trust Security

2. Investment in Shares, Debentures and Bonds in Subsidiary Companies and Organisations promoted by the Authority

3. Investment in Shares, Debentures and Bonds of other Organisations

4. Others ________________Chief Administrator Vice-Chairman Place :

Dated :

Auditor's Report In terms of our separate report of even date attached to the balance-sheet.

33 The Punjab Urban Planning And Development Authority Works Executed By The Authority As On 31st March________ Annexure H Previous year amount is rupees Particulars Current year amount in rupees A. Authority's own Schemes :

Works completed and in progress Completed Works Work in Progress Land of own Schemes Less : (Capital Receipt from allottees), (-) Grant-in-aid (-) B. Urban Estate Works :

Works completed and in progress Land Urban Estate Add : Grant given for any infrastructure facility like stadium etc.Any other work ________________________ Less : Capital Receipt from Allottees, (-) Less : Grant received from Government, (- ) C. Deposit Works :

Works completed and in progress Land for deposit works Centage Charges, ___________ D. Temporary Structure E. Others ________________Chief Administrator Vice-Chairman Place :

Dated :

Auditor's Report In terms of our separate report of even attached to the balance-sheet.

34 1 2 3 B. Loans and Advances :

1. Advances recoverable in cash or kind or for value to be received (unsecured but considered good by management)

(i) Advances to Suppliers, Brick Kiln Owners and Contractors for material

(ii) Advances to staff for construction

(iii) Advances to staff for other purposes

(iv) Other advances

(v) Advances to victims of natural calamities and other factors

(vi) Advances to other Organisations

2. Miscellaneous Deposits viz. Security/Compulsory Deposit Scheme etc.

(i) With Government

(ii) With others

3. Government liability to the Housing and Urban Development Corporation (HUDCO) (as per contra).

Sub Total : B Total (A+B) ________________Chief Administrator Vice-Chairman Place :

Dated :

Auditor's Report In terms of our separate report of even date attached to the balance-sheet.

The Punjab Urban Planning And Development Authority Current Assets And Loans and Advances as on 31st March, ______________ Annexure I Previous year amount in Rupees Particulars Current year amount in Rupees A. Current Assets

1. Closing Stock (as valued and varified by the Management)

(i) Building Material

(ii) Loss of stock due to natural calamities and other factors for which provisions has been made

(iii) Stock in transit.

2. Sundry Debtors (unconfirmed but considered good by Management),

(i) Hire-Purchase Debtors overdue,

(ii) Others

3. Cash and Bank Balance

(i) Cash in hand

(ii) Amount in transit