The Himachal Pradesh Town and Country Planning Act, 1977

THE HIMACHALPRADESHTOWN AND COUNTRY PLANNING ACT, 1977 ARRANGEMENT OF SECTIONS Sections: CHAPTER I PRELIMINARY 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II DIRECTOR OF TOWN AND COUNTRY PLANNING 3. Director and other officers. CHAPTER III REGIONAL PLANNING 4. Establishment of regions. 5. Director to prepare regional plans. 6. Survey. 7. Contents of regional plan. 8. Preparation of regional plan. 9. Finalization of regional plan. 10. Restriction on use of land and development thereof. 11. Exclusion from claims of amount in certain cases. 12. Review of regional plan. CHAPTER IV PLANNING AREA AND DEVELOPMENT PLANS 13. Planning area. 14. Director to prepare development plan. 15. Existing land use maps. 15-A freezing of land use pending preparation of existing land use map under section 15. 16. Freezing of land use. 17. Interim development plan. 18. Development plan. 19. Publication of draft development plans. 2 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 20. Sanction of development plans. CHAPTER V SECTORAL PLAN 21. Director to prepare sectoral plan. 22. Contents of sectoral plan. 23. Provisions of sections 19 and 20 to apply to sectoral plan. 24. Review of development plan and sectoral plan. CHAPTER VI CONTROL OF DEVELOPMENT AND USE OF LAND 25. Director to control land use. 26. Conformity with development plan. 27. Prohibition of development without permission. 28. Development undertaken on behalf of Union or State Government. 29. Development by local authority or by any authority constituted under this Act. 30. Application for permission for development by others. 30-A. Construction of farm-houses. 30-B. Exemption in respect of development of certain lands or buildings. 31. Grant or refusal of permission. 31-A. Structural Stability Certificate. 32. Appeal. 33. Revision. 34. Lapse of permission. 35. Obligation to acquire land. 36. Deletion of reservation of designated land from draft or final development plan. 37. Power of revocation and modification or permission to development. 38. Penalty for unauthorized development or for use otherwise than in conformity with development plan. 39. Power to require removal of unauthorized development. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 3 39-A. Power to stop development. 39-B. Power to seal unauthorized development. 39-C. Power to compound offences. CHAPTER VII TOWN AND COUNTRY DEVELOPMENT AUTHORITY 40. Establishment of Town and Country Development Authority. 41. Incorporation of Town and Country Development Authority. 42. Constitution of Town and Country Development Authority. 42-A. Constitution of Town and Country Development Authority for the capital town of Himachal Pradesh. 43. Term of office of Chairman and other members. 44. Resignation of members and filling of casual vacancy. 45. Salary and allowances. 46. Leave of absence and appointment, etc. of acting Chairman. 47. Meeting of Town and Country Development Authority. 48. Chief Administrator. 49. Other officers and servants. 50. Conditions of Service of Chief Administrator and other officers and servants. 51. Town development scheme. 52. Preparation of town development scheme. 53. Power to revise the development scheme. 54. Power of State Government to give directions. 55. Restriction on land use and development. 56. Lapse of scheme. 57. Town Development scheme a public purpose. 58. Acquisition of land for Town and Country Development Authority. 59. Developments. 60. Disposal of land, buildings and other development works. 61. Development charges. 62. Mode of levy. 4 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 63. Fund of Town and Country Development Authority. 64. Annual budget. 65. Power to borrow money. CHAPTER VIII SPECIAL AREAS 66. Constitution of special areas. 67. Special Area Development Authority. 68. Incorporation of Special Area Development Authority. 69. Staff. 70. Functions. 71. Powers. 72. Funds of Special Area Development Authority. 73. Annual estimates. CHAPTER IX CONTROL 74. Power of State Government of supervision and control. 75. Power of State Government to give directions. 76. Power of Government to review plans, etc. for ensuring conformity. 77. Delegation of powers. 78. Dissolution of authorities. CHAPTER IX-A REGISTRATION OF PROMOTERS AND ESTATE AGENTS 78a. Registration compulsory. 78b. Conditions for registration. 78c. Term and renewal of registration. 78d. Refusal to grant or renew registration 78e. Cancellation of certificate of registration 78f. Notice before cancellation 78g. Carrying on business after 78h. Maintenance of accounts and records 78i. Audit. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 5 78j. Periodical returns 78k. Inspection 78l. Essentiality Certificate 78m. No objection Certificate. CHAPTER-IX-B REGULATION OF PROMOTION, CONSTRUCTION, SALE, TRANSFER AND MANAGEMENT OF APARTMENTS, PLOTS AND PROPERTIES 78n. General liabilities of promoter. 78o. Issue of advertisement or prospectus 78p. Development of land into colony and construction of building 78q. Agreement of sale. 78r. Maintenance of accounts by promoters. 78s. Responsibility for payment of charges till transfer 78t. No alterations and rectification of defects 78u. Refund of amount 78v. No mortgage without consent 78w. Completion and occupation certificate 78x. Promoter to execute documents 78y. Enforcement of registration of conveyance 78z. Promoter’s responsibility for essential services 78za. Regulation of property 78zb. General liabilities of allottee. 78zc. Restriction on structures in a colony. 78zd. Constitution of Development Fund. CHAPTER X MISCELLANEOUS 79. Right of entry. 80. Jurisdiction of Court. 81. Cognizance of offences. 82. Members and officers to be public servants. 83. Suit and other proceedings. 6 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 83-A. Restriction on grant of Electricity, Water or Sewerage connection. 84. Vacancy not to invalidate proceedings. 85. Member to continue till successor enters upon office. 86. Interpretation of regional plan etc. CHAPTER XI RULES AND REGULATIONS 87. Powers to make rules. 88. Regulations. 89. Power to lay the rules and regulations. 90. Repeal and savings. APPENDIX --------------- THE HIMACHALPRADESHTOWN AND COUNTRY PLANNING ACT, 1977 (ACT NO. 12 OF 1977)1 (Received the assent of the President of India on the 3rd September, 1977 and was published in the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated the 30th September, 1977, p. 933-965). Amended, repealed or otherwise affected by:- (i) H.P. Act No. 14 of 19812, published in the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated the 2nd July, 1981, Page 503-504. (ii) H.P. Act No. 1 of 19843, published in the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated the 28th January, 1984, Page 119-120, effective w.e.f.20th October, 1983. (iii) H.P. Act No. 14 of 19891, published in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated the 6th June, 1989 at page 1375- 1376. 1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 13-4-1977, p. 360. 2. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 21-3-1981, P. 151. 3. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 24-12-1983, P. 1273. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 7 (iv) H.P. Act No. 10 of 19922, published in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 5-5- 1992, p. 1921 -1922. (v) H.P. Act No. 16 of 19943, published in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 15th November, 1994, at pages 4001-4006. (vi) H.P. Act No. 7 of 19954, published in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 27th May, 1995 at pages 2237-2240. (vii) H.P. Ordinance No. 3 of 1997 replaced by H.P. Act No. 11 of 19975, published in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 3-5-1997, pages 1585-1588. (viii) H.P. Act No. 17 of 20006, published in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 13-6- 2000, p. 1691-1692. (ix) H.P. Act No. 15 of 20017, published in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 27-6- 2001, p. 1099-1103. (x) H.P. Act No. 22 of 20061, published in the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 13-10-2006, p. 5267-5270, effective w.e.f. 4.7.2006. 1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 20-4-1989, Pages 906 and 908. 2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 29-2-1992, Pages 1484 and 1486. 3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary) dated 21-9-1994, p. 3114 and 3118. 4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 29-1-1995, p. 1373 and 1376. 5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 9-4-1997, pages 1219 and 1222. 6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 17-4-2000, P. 904 and 906. 7. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 18-4-2001, P. 200 and 204. 8 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (xi) H.P. Act No. 2 of 20072, published in the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 13-02-2007, p. 11267-11268. (xii) H.P. Act No. 8 of 20093published both in Hindi and English in R.H.P. dated 27.3.2009, p. 8669-8671 (xiii) H.P. Act No. 41 of 20134, published both in Hindi and English in R.H.P. dated 21st September, 2013 at pages 3710- 3753. (xiv) H.P. Act No. 14 of 20155published both in Hindi and English in R.H.P. dated 18th May, 2015 at p. 799-808. (xv) H.P.Act No. 1 of 20176 assented to by the Governor of Himachal Pradesh on the 24th January, 2016, published both in Hindi and English in the Rajpatra, Himachal Pradesh dated 30th January, 2016, pp. 6811-6822, w.e.f. 15.6.2016 and shall remain in force for one year from the date of its publication 30.1.2017. An Act to make provision for planning and development and use of land; to make better provision for the preparation of development plans and sectoral plans with a view to ensuring that town planning schemes are made in a proper manner and their execution is made effective; to constitute the Town and Country and Development Authority for proper implementation of town and country development plan; to provide for the development and administration of special areas through the Special Area Development Authority, to make provision for the compulsory acquisition of land required for the purpose of the development plans 7[and to regulate the construction, sale, transfer and management of apartments, to regulate colonies and provide for 1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 23-8-2006, P. 3896-3898. 2Passed in Hindi by the HimachalPradeshVidhanSabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 27.12.2006, p.9206 and 9209. 3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 28.2.2009, pp. 7958 and 7962. 4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. dated 20.8.2013, pp. 3057 and 3080. 5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. dated 10.4.2015, pp. 254 and 260. 6. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 28.8.2016, pp. 3707 and 3714. 7 Insertedvide H.P. Act No. 41 of 2013. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 9 registration of promoters and estate agents and for enforcement of obligations on them]and for purposes connected with the matters aforesaid. BE it enacted by the Himachal Pradesh Legislative Assembly in the Twenty-eighth Year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. Short title, extent, commencement and application.-(1) This Act may be called the HimachalPradeshTown and Country Planning Act, 1977. (2) It extends to the whole of the State of Himachal Pradesh. (3) It shall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different areas and for different provisions of this Act. 1[(3a) It shall apply to any area proposed for development of apartments or colonies2[for the purpose of selling] outside the notified planning areas or special areas constituted under this Act and such areas shall be deemed to be planning areas.] (4) Nothing in this Act shall apply to- (a) lands comprised within a cantonment under the Cantonments Act, 1924 (2 of 1924); (b) lands owned, hired or requisitioned by the Central Government for the purpose of naval, military and air force works; (c) lands under the control of railway administration for the purpose of construction and maintenance of works under Chapter III of the Indian Railways Act, 1890 (9 of 1890); and (d) lands owned by any department of the Central Government where operational constructions are going on. 2. Definitions.-In this Act, unless the context otherwise requires,- (a) “agriculture” includes horticulture, farming, raising of annual or periodical crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil, the reserving of land for fodder, grazing or thatching areas, breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees and the use of land ancillary to the farming of land, but does not include- 1. Sub-section (3a) insertedvide H.P. Act No. 41 of 2013. 2. Insertedvide H.P. Act No. 14 of 2015. 10 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (i) keeping of cattle purely for the purpose of milking and selling the milk and milk products; (ii) a garden which is an appendage of buildings, and the expression “agricultural” shall be construed accordingly; (b) “amenity” includes roads and streets, water and electric supply, open spaces, parks, recreational area, natural feature, playgrounds, street lighting, drainage, sewerage and other utilities, services and conveniences; 1[(c) “building” includes any structure or erection, or part of a structure or erection, which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not. However, for the purpose of apartment, building shall mean a building constructed on any land, containing more than eight apartments, or two or more buildings with a total of more than eight apartments or any existing building converted into more than eight apartments;] (d) “building operation” includes- (i) erection or re-erection of a building or any part thereof, (ii) roofing or re-roofing of any part of building or an open space, (iii) any material alteration or enlargement of a building, (iv) any such alteration of a building as is likely to alter its drainage or sanitary arrangements, or materially affect its security, (v) the construction of a door opening on any street or land not belonging to the owner; (e) “commercial use” means the use of any land or building or part thereof for the purpose of carrying on any trade, business or profession, or sale or exchange of goods of any type whatsoever and includes running of with a view to make profit, hospitals, nursing homes, infirmaries, educational institutions, hostels, restaurants and boarding houses (not being attached to any educational institution), sarais and also includes the use of any land or buildings for storage of goods or as building for storage of goods or as an office whether attached to an industry or otherwise; (f) “court” means the principal civil court of original jurisdiction in the district; 1. Clause © substituted vide H.P. Act No. 41 of 2013. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 11 (g) “development” with its grammatical variations means the carrying out of a building, engineering, mining or other operations in, on, over or under land, or the making of any material change in any building or land or in the use of either, and includes sub-division of any land; (h) “development plan” means interim development plan or development plan prepared under this Act; (i) “Director” means the Director of Town and Country Planning appointed under this Act; (j) “existing land use map” means a map indicating the use to which lands in any specified area are put at the time of preparing the map, and includes the register prepared, with the map giving details of land-use; (k) “land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; (l) “member” means a member of a Town and Country Development Authority or a Special Area Development Authority, as the case may be, and includes a Chairman thereof; (m) “occupier” includes- (i) a tenant, (ii) an owner in occupation of or otherwise using his land, (iii) a rent free tenant, (iv) a licensee, and (v) any person liable to pay to the owner, damages for the use and occupation of the land; (n) “owner” includes a mortgagee in possession, a person who for the time being is receiving or is entitled to receive, or has received, the rent or premium for any land whether on his own account or on behalf of or for the further benefit of any other person or,as agent trustee, guardian or receiver for any other person or for religious or charitable institutions or who would receive the rent or be entitled to receive the rent or premium if the land were to be let and includes a head of a Government department, General Manager of a Railway and 1[the Chief Administrator], by whatever name designated, or a local authority, statutory authority, company, corporation or undertaking in respect of properties under their control; 1. Substituted for the words “the Chief Executive Officer” vide H.P. Act No. 7 of 1995. 12 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (o) “planning area” means any area declared to be planning area under this Act; (p) “region” means any area established to be a region under this Act; (q) “regional plan” means a plan for the region prepared under this Act and approved by the State Government; (r) “sector” means any sector of a planning area for which, under the development plan, a detailed sectoral plan is prepared; (s) “slum area” means any predominantly residential area, where the dwellings which by reason of dilapidation, over-crowding, faulty arrangement of design, lack of ventilation, light or sanitary facilities or any combination of these factors are detrimental to safety, health or moral and which is defined by a development plan as a slum area; (t) “special area” means a special area designated as such under section 66; (u) “Special Area Development Authority” means an authority constituted under section 67; (v) “Town Development Scheme” means a scheme prepared for the implementation of the provisions of a development plan by the Town and Country Development Authority; and (w) “Town and Country Development Authority” means an authority established under section 40. 1[(x) “advertisement” means visible representation made to the general public either through announcement or display or in any other manner whatsoever, offering for sale or lease of a plot or apartment or inviting persons to purchase such plot or apartment to make advances or deposits for such purposes; (y) “allottee” in relation to apartment or plot, means the person to whom such apartment or plot has been allotted, sold or otherwise transferred by the promoter; (z) “apartment” whether called block, chamber, dwelling unit, flat, lot, premises, suite, tenement, unit or by any other name means a separate and self-contained part of any property including one or more rooms or enclosed spaces located on one or more floors or any part or parts thereof, in a building, or in a plot of land, used or intended to be used for residence, office, shop, showroom, or godown or for carrying on any business, industry, occupation, profession or trade, or for any other type of 1. Clauses (x) to (zy) insertedvide H.P. Act No. 41 of 2013. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 13 independent use ancillary to the purpose specified above and with a direct exit to a public street, road or highway or to a common area leading to such street, road or highway and includes any garage or room whether or not adjacent to the building in which such apartment is located, provided by the promoter for the use by the allottee for parking any vehicle or as the case may be, for the residence of any domestic servant employed in such apartment; Explanation-I.- If a basement, cellar, garage, room, shop or storage space is sold separately from any apartment, it shall be treated as an independent apartment and not as part of any other apartment or of the common areas and facilities; Explanation-II.- Notwithstanding that provision is made for sanitary, washing, bathing or other conveniences as common to two or more apartments, the apartments shall be deemed to be separate and self contained; (za) “apartment number” means the number, letter or combination thereof, designating an apartment; (zb) “apartment owner” means the person owning an apartment and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the conveyance deed of apartment; (zc) “association” means an association consisting of the majority of the apartment owners in a building acting as a group in accordance with the bye-laws made by the association under the Himachal Pradesh Apartment Ownership Act, 1978; Explanation.-A member of a Co-operative Housing Society of the tenant copartnership type, or an allottee under a hire-purchase agreement shall be deemed to be an owner, entitled to membership of the association. (zd) “building regulations” means the rules or regulations or bye- laws made under any law for the time being in force for the erection or re-erection of buildings or parts thereof and for the purpose of this Act includes Zoning Regulations framed under any law for the time being in force; 1[(ze) “colony” means an area of land not less than 2500 square metres contiguousdivided or proposed to be divided into plots or apartments or buildings forresidential, commercial or industrial purposes including cyber city, cyber park,construction of flats in form of group housing or for construction of integratedcommercial complexes, but does not 1. Clause (ze) substituted vide H.P. Act No. 14 of 2015. 14 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 include any area of Abadi-deh of a villagefalling inside its LalLakir or land divided or proposed to be divided— (i) for the purpose of agriculture: Provided that such land shall not be used for the development ofcolony; (ii) as a result of partition by way of inheritance or succession without a motiveof developing a colony; and (iii) by a company, institution or factory for providing residential accommodationfor its employees : Provided that there is neither profit motive nor ownership of suchhouses shall be transferred to the employees and their rights toaccommodation shall be restricted to the period of their employment withsuch company, institution or factory;] (zf) “common areas and facilities” in relation to a building, means all parts of the building or the land on which it is located and all easements, rights and appurtenances belonging to the land or the building, which are neither in the exclusive possession of an apartment owner in terms of his conveyance deed of apartment, nor are handed over or intended to be handed over to the local authority or other public service agency and shall include the limited common areas and facilities; (zg) “common expenses” means,— (i) all sums lawfully assessed against the apartment owners by the association for meeting the expenses of administration, maintenance, repair or replacement of the common areas and facilities; (ii) expenses, declared by the provisions of this Act or by the bye-laws made by the association under the Himachal Pradesh Apartment Ownership Act, 1978 (41 of 1978) or agreed upon by the association, as common expenses; and (iii) the Government or municipal taxes including ground rent and property tax, which is not assessed separately for each apartment; (zh) “development charges” means the cost of external and internal development works; (zi) “development works” means external and internal development works; THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 15 (zj) “estate agent” means a person who negotiates or acts on behalf of a person in a transaction of transfer of property whether by way of sale, lease, license,mortgage or otherwise with another person and receives remuneration for his services in the form of commission and includes a person who introduces to each other for negotiation such persons or their agents; Explanation.-The person who acts as described in this clause shall be deemed to be an estate agent even if he styles himself as a land or housing agent, property or real estate consultant, property dealer, realtor or by any other name; (zk) “external development works” includes roads and road systems, water supply, sewerage and drainage systems, electric supply or any other work which may have to be executed in the periphery of, or outside, a colony for its benefit; (zl) “internal development works” means roads, footpaths, water supply, sewers, drains, rain water harvesting system, tree planting, street lighting, provisions for community buildings and for treatment and disposal of sewerage and sullage water, or any other work within in a colony necessary for its proper development; (zm) “joint family” means a Hindu undivided family and in the case of other persons, a group the members of which are by custom joint in possession of property or residence; (zn) “limited common areas and facilities” means those common areas and facilities which are designated in writing by the promoter before the allotment, sale or transfer of any apartment, as reserved for use by the resident of certain apartments to the exclusion of other apartments; (zo) “local authority” means a Municipal Corporation constituted under section 3 of the Himachal Pradesh Municipal Corporation Act, 1994 or a Municipal Council or a Nagar Panchayat constituted under section 3 of the Himachal Pradesh Municipal Act, 1994 or Panchayati Raj Institutions constituted under the Himachal Pradesh Panchayati Raj Act, 1994 or Cantonment Board or any otherauthority notified by the State Government for the purposes of this Act; (zp) “natural disaster” means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man made causes or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of property or damage to, or degradation of environment and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area; 16 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (zq) “natural hazards” means probability of occurrence, within a specified period of time in a given area, of a potentially damaging natural phenomenon; (zr) “natural hazard prone areas” means areas likely to have,— (i) moderate to very high damage risk zone of earthquakes or (ii) significant flow or inundation or (iii) landslide potential or proneness or (iv) one or more of these hazards; (zs) “person” includes company, firm, co-operative society, joint family and incorporated body of persons; (zt) “prescribed” means prescribed by the rules made under this Act; (zu) “promoter” means a person who,— (i) constructs or causes to be constructed a building consisting of apartments or converts an existing building or a part thereof into apartments for the purpose of selling all or some of the apartments to other persons and includes his assigns; or (ii) develops land into a colony, whether or not, he also constructs structures on any of the plots 1[for the purpose of] selling to other persons, all or some of the plots whether open or with structures thereon; and 2[(iii) constructs more than eight apartments or converts an existing buildinginto more than eight apartments or develops a colony and the person whosells apartments or plots are different persons in any planning area, or anyspecial area or any deemed planning area as specified in sub-section (3a) ofsection 1, the terms includes both of them.] Explanation.-A person who acts as described in sub-clause (iii) of thisclause shall be deemed to be a promoter, even if— (i) he styles himself as a builder, colonizer, contractor, developer, estatepromoter or by any other name; or (ii) he claims to be acting as the holder of a power of attorney from the owner of the land on which the building is constructed or colony is developed; and 1. Substituted for the words “for the purpose or” vide H.P. Act No. 14 of 2015. 2. Sub-clause (iii) substituted vide H.P. Act No. 14 of 2015. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 17 (zv) “property” means the land, the building, all improvements and structures thereon and all easements, rights and appurtenances belonging thereto and includes every type of right and interest in land which a person can have to the exclusion of other persons, such as possession, use and enjoyment free from interference, right of disposition, franchises and hereditament.] CHAPTER II DIRECTOR OF TOWN AND COUNTRY PLANNING 3. Director and other Officers.-(1) After the commencement of this Act the State Government shall, by notification in the Official Gazette, appoint an officer for the purpose of carrying out functions assigned to him under this Act, as the Director of Town and Country Planning for the State and may appoint such other categories of officers as it may deem fit. (2) The Director shall exercise such powers and perform such duties as are conferred or imposed upon him by or under this Act and the officers appointed to assist the Director shall, within such areas as the State Government may specify, exercise such powers and perform such duties conferred and imposed on the Director by or under this Act as the State Government may, by special or general order, direct. (3) The officers appointed to assist the Director shall be subordinate to him and shall work under the guidance, supervision and control. CHAPTER III REGIONAL PLANNING 4. Establishment of region.-(1) The State Government may, by notification,- (a) declare any area in the State to be a region for the purpose of this Act; (b) define the limits of such area; and (c) specify the name by which such region shall be known. (2) The State Government may, by notification, alter the name of any such region and on such alteration, any reference in any law or instrument or other document to the region shall be deemed to be a reference to the region as re-named unless expressly otherwise provided or the context so requires. (3) The State Government may, by notification,- (a) alter the limits of region so as to include therein or exclude therefrom such areas as may be specified in the notification; (b) amalgamate two or more regions so as to form one region; (c) divide any region into two or more region; or 18 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (d) declare that the whole or part of the area comprising a region shall cease to be a region or part thereof. 5. Director to prepare regional plan.-Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of the Director- (i) to carry out a survey of the regions; 1[(ii) to prepare an existing land use map indicating the natural hazard proneness of the areas; and (iii) to prepare a regional plan keeping in view the regulation for land use zoning for natural hazard prone area.] 6. Survey.- (1) The Director shall, with a view to prepare the existing land use map, and other maps as are necessary for the purpose of regional plan,- (a) carry out such surveys as may be necessary; (b) obtain from any department of Government and any local authority such maps, survey reports and land records as may be necessary for the purpose. (2) It shall be the duty of every Government department and local authority to furnish, as soon as may be possible, maps, reports and record, as may be required by the Director. 7. Contents of regional plan.- The regional plan shall indicate the manner in which land in the region should be used, the phasing of development, the net work of communications and transport, the proposals for conservations and development of natural resources, and in particular- (a) allocation of land to which such purposes as residential, industrial, agricultural or as forests or for mineral exploitation; (b) reservation of open spaces for recreational purposes, gardens, tree belts, and animal sanctuaries; (c) access or development of transport and communication facilities such as roads, railways, water ways, and the allocation and development of air ports; (d) requirements and suggestions for development of public utilities such as water supply, drainage and electricity; (e) allocation of areas to be developed as “Special areas” wherein new towns, townships, large industrial estates or any other ype of large development projects may be established; (f) landscaping and the preservation of areas in their natural state; 1. Clauses(ii) and (iii) substituted vide H.P. Act No. 41 of 2013. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 19 (g) measures relating to the prevention of erosion, including rejuvenation of forest areas; (h) proposals relating to irrigation, water supply or flood control works. 8. Preparation of regional plan.-(1) After preparation of the existing land use map, the Director shall cause to be prepared a draft regional plan and published it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed inviting objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice, such date not being earlier than sixty days from the publication of the notice. Such notice shall specify in regard to the draft plan the following particulars, namely:- (a) the existing land use map and the narrative report thereon; (b) a narrative report supported by necessary map and charts explaining the provisions of the draft plan; (c) a notice indicating the priorities assigned to works included in the draft plan and the phasing of the programme of development as such; (d) a notice on the role being assigned to different departments of Government, the Town and Country Development Authorities, the Special Area Development Authorities, and the Local Authorities in the enforcement and implementation of draft plan. (2) The Director shall consider all the objects and suggestions received by him within the period specified in the notice under sub-section (1) and shall, after giving a reasonable opportunity to all persons affected thereby of being heard, prepare the regional plan containing such modifications, if any, as he considers necessary and submit it to the State Government for approval together with all connected documents, plans, maps and charts. 9. Finalization of regional plan.-(1) The State Government may approve the draft regional plan submitted under section 8 with or without modifications or reject or return the same to the Director for reconsideration. (2) Immediately after the draft regional plan is approved under sub- section (1) the State Government shall publish in such manner, as may be prescribed, a notice stating that the regional plan has been approved and mentioning a place where a copy of the plan may be inspected at all reasonable hours and shall specify therein a date on which the regional plan shall come into operation: Provided that where the State Government approves the draft regional plan with modifications, it shall not be published, unless the State Government having published such modifications in the Official Gazette 20 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 alongwith a notice inviting objections and suggestions thereon, within a period of not less than thirty days from the date of publication of such notice have considered the objections and suggestions after giving a reasonable opportunity of being heard to person affected thereby. 10. Restriction on use of land of development thereof.- (1) Notwithstanding anything contained in any other law for the time being in force, on or after the date of publication of the draft regional plan, no person, authority, department of Government or any other person shall change the sue of land for any purpose other than agriculture, or carry out any development in respect of any land contrary to the provisions of the draft plan, without the prior approval of the Director or any officer next to him authorized by the Director, in this behalf. (2) Notwithstanding anything contained in any law for the time being in force, the permission referred to in sub-section (1) shall not be granted otherwise than in conformity with the provision of the draft or final plan and no permission, if granted, shall be construed to confer any legal right whatsoever on the person seeking the permission. (3) If any work is carried out in contravention of the provisions of this section, the Municipal Corporation or 1[Municipal council or Nagar Panchayat] within its such local area, and the Collector in area outside such local areas, may cause such work to be removed or demolished at the cost of the defaulter, which shall be recovered from him in the same manner as an arrear of land revenue: Provided that no action shall be taken under this sub-section unless the person concerned is given a reasonable opportunity of being heard and a notice calling upon him to remove or demolish the work within a time specified therein. (4) Any person aggrieved by the order of the Municipal Corporation, 2[Municipal council or Nagar Panchayat] or Collector, as the case may be, calling up to remove or demolish the work may prefer an appeal to the Director within fifteen days of the receipt of the notice under sub-section (3) and the order of the Director in such appeal shall be final. 11. Exclusion from claims of amount in certain cases.- Whereas the regional plan assigns a particular land use to a certain areas and any land situated therein is already put to such use, subject to substantially similar restrictions in force under any other law which was in force on the date on which restrictions were imposed by or under this Act and if amount in respect of such restrictions have already been paid under any such other law which was in force for the time being in respect of the property or any right or interest therein to the claimant, or any predecessor in interest of the claimant, 1. Substituted for the words “Municipal Committee” vide H.P. Act No. 15 of 2001. 2Substituted for the words “Municipal Committee” vide H.P. Act No. 15 of 2001. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 21 the owner shall not be entitled to any further amount on account of injury or damage caused to his rights by reasons of the restrictions placed on the use of the land under the provisions of this Act. 12. Review of regional plan.- (1) The Director may, on his own motion or if s required by the State Government, at any time after a regional plan has come into operation, undertake the review and evaluation of the regional plan and make such modification in it as may be justified by the circumstances. (2) The foregoing provisions of this Chapter shall, so far as they can be made applicable, apply to the modifications under sub-section (1) as these provisions apply in relation to the preparation, publication and approval of a regional plan. CHAPTER IV PLANNING AREA AND DEVELOPMENT PLANS 13. Planning Area.-(1) The State Government may, by notification, constitute planning areas for the purposes of this Act and define the limits thereof. (2) The State Government may, by notification,- (a) alter the limits of a planning area so as to include therein or exclude therefrom such areas as may be specified in the notification; (b) amalgamate two or more planning areas so as to constitute one planning area; (c) divide any planning area into two or more planning areas; (d) declare that the whole or part of the area constituting the planning area shall cease to be planning area or part thereof. 14. Director to prepare development plans.-Subject to the provisions of this Act and the rules made thereunder, the director shall- 1[(a) prepare an existing land use map indicating the natural hazard proneness of the area; (b) prepare an interim development plan keeping in view the regulation for land use zoning for natural hazard prone area; (c) prepare a development plan keeping in view the regulation for land use zoning for natural hazard prone area;] (d) prepare a sectoral plan; (e) carry such surveys and inspections and obtain such pertinent reports from Government departments, local authorities and 1. Clauses (a) to (c) substituted vide H.P. Act No. 41 of 2013. 22 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 public institutions as may be necessary for the preparation of the plans; (f) perform such duties and functions as are supplemental, incidental, and consequential to any of the foregoing functions or as may be assigned by the State Government for the purpose of carrying out the provisions of this Act. 15. Existing land use maps.-(1) The Director shall carry out the survey and prepare an existing land use map and forthwith publish the same in such manner as may be prescribed together with public notice of the preparation of the map and of the place or places where the copies may be inspected, inviting objections and suggestions in writing from any person with respect thereto within thirty days from the date of publication of such notice. (2) After the expiry of the period specified in the notice published under sub-section (1), the Director may, after allowing a reasonable opportunity of being heard to all such persons who have filed the objections or suggestions, make such modifications therein as may be considered desirable. (3) As soon as may be after the map is adopted with or without modifications the Director shall publish a public notice of the adoption of the map and the place or places where the copies of the same may be inspected. (4) A copy of the notice shall also be published in the Official Gazette and it shall be conclusive evidence of the fact that the map has been duly prepared and adopted. 1[15-A. Freezing of land use pending preparation of existing land use map under section 15.- (1) Wherever the State Government, after the constitution of the planning area under section 13 2[or the special planning area under section 66] but before the publication of the existing land use map under section 15, is satisfied that in any planning area or part thereof 3[or the special planning area or part thereof, as the case may be,] the change of the land use on any building operation therein- (a) is likely to cause injurious disturbances of the surface or any land or soil, or is considered detrimental to the preservation of the soil, prevention of land slips or protection against erosion; or (b) is likely to make it difficult to plan and develop the area in question in accordance with the provisions of the Act; the State Government may, by notification published in the Official Gazette, freeze the existing land use, for a period not exceeding 4[five years]. 1. Section 15-Ainsertedvide H.P. Act No. 10 of 1992. 2. Insertedvide H.P. Act No. 16 of 1994. 3. Insertedvide H.P. Act No. 16 of 1994. 4. Substituted for the words “ three years” Vide Act No. 14 of 2015. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 23 (2) On the issuance of a notification under sub-section (1)- (a) no person shall change the use of any land or carry out any development of land (other than the change for the purpose of agriculture )without the written permission of the Director; and (b) no local authority or officer or other authority shall, notwithstanding anything contained in any other law for the time being in force, grant permission for the change in use of land without the written permission of the Director. (3) Any permission that the Director may grant under sub-section (2) shall be subject to such conditions and restrictions as may be imposed in this behalf by the State Government. 16. Freezing of land use. - On the publication of the existing land use map under section 15- (a) no person shall institute or change the use of any land or carry out any development of land for any purpose other than that indicated in the existing land use map without the permission in writing of the Director: Provided that the Director shall not refuse permission if the change is for the purpose of agriculture; (b) no local authority or any officer or other authority shall, notwithstanding anything contained in any other law for the time being in force, grant permission for the change in use of land otherwise than as indicated in the existing land use map without the permission in writing of the Director1[;] 2[(c) no Registrar or the Sub-Registrar, appointed under the Indian Registration Act, 1908, shall, in any planning area constituted under section 13,3[ in any special area or anydeemed planning area as specified in sub-section (3a) of section 1] register any deed or document of transfer of any sub-division of land by way of sale, gift, exchange, lease or mortgage with possession, unless the sub-division of land is duly approved by the Director, subject to such rules as may be framed in this behalf by the State Government: Provided that the Registrar or the Sub-Registrar may register any transfer,- (i) where the land is owned by a person and the transfer is made without involving any further divisions; 1. Substituted for the sign “.” vide H.P. Act No. 14 of 1981. 2. Clause (c) added vide H.P. Act No. 14 of 1981. 3. Insertedvide H.P. Act No. 14 of 2015. 24 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (ii) where the partition/sub-division of land is made in a joint Hindu family; (iii) where the lease is made in relation to a part or whole of a building; (iv) where the mortgage is made for procuring the loans for construction of improvements over the land either from the Government or from any other financial institution constituted or established under any law for the time being in force or recognized by the State Government. 17. Interim development plan.-As soon as may be, after the declaration of a planning area, the Director shall, within such time as maybe necessary, prepare, after consultation with local authorities concerned, if any, and submit to the State Government an interim development plan for the planning area or any of its parts and such other area or areas contiguous or adjacent to the planning areas as the State Government may direct to be included in the interim development plan. (2) The interim development plan shall- (a) indicate broadly the land use proposed in the planning area; (b) allocate broadly areas or sector of land for- (i) residential, industrial, commercial or agricultural purposes; (ii) open spaces, parks and gardens, green belts, zoologogical gardens and play grounds; (iii) public institutions and offices; (iv) such special purposes as the Director may deem fit; (c) lay down the pattern of National and State Highways connecting the planning area with the rest of the region, ring roads, arterial roads and the major roads within the planning areas; (d) provide for the location of airports, railway stations, bus terminal and indicate the proposed extension and development of railways and canals; (e) make proposals for general landscaping and preservation of natural areas; (f) project the requirement of the planning area of such amenities and utilities as water, drainage, electricity and suggest their fulfillment; (g) propose broad based regulations for sectoral development, by way of guide-lines, within each sector of the location, height, size of buildings and structures, open spaces, court-yards and THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 25 the use to which such buildings and structures and land may be put1[including regulations for façade control and sloping roof conforming to the hill architecture and environs]; (h) lay down the broad-based traffic circulation patterns in a city; (i) suggest architectural control features, elevation and frontage of buildings and structures; (j) indicate measures for flood control2[and protection against land slide], prevention of air and water pollution, disposal of garbage and general environmental control. (3) Subject to provisions of the rules made under this Act for regulating the form and contents of the interim development plan any such plan shall include such maps and such descriptive matter as may be necessary to explain and illustrate the proposals in the interim development plan. (4) Assoon as may be, after the submission of the interim developmentplan under sub-section (1), the State Government may either approve theinterim development plan or may approve it with such modification as it may consider necessary. (5) The State Government shall publish the interim development plan as approved under sub-section (4) in the Official Gazette. The interim development plan shall come into operation from the date of its publication in the Official Gazette and shall be binding on all local authorities functioning within the planning area. 18. Development plan.-A development plan shall- (a) indicate broadly the land use proposed in the planning areas; (b) allocate broadly areas or sector of land for,- (i) residential, industrial, commercial or agricultural purposes; (ii) open spaces, parks and gardens, green belts, zoological gardensand play-grounds; (iii) public institutions and offices; (iv) such special purposes as the Director may deem fit; (c) lay down the pattern of National and State Highways connectingthe planning area with the rest of the region, ring roads, arterialroads and the major roads within the planning area; 1. Insertedvide H.P. Act No. 41 of 2013. 2. Insertedvide H.P. Act No. 41 of 2013. 26 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (d) provide for the location of air-ports, railway stations, bus terminiand indicate the proposed extension and development of railways; (e) make proposals for general landscaping and preservation of naturalareas; (f) project the requirement of the planning area of such amenities and utilities as water, drainage, electricity and suggest their fulfilment; (g) propose broad-based regulations for sectoral development, by way of guide-lines, within each sector of the location, height, size of buildings and structures, open spaces, court-yards and the use to which such buildings and structures and land may be put1[including regulations for façade control and sloping roof conforming to the hill architecture and environs]; (h) lay down the broad-based traffic circulation patterns in a city; (i) suggest architectural control features, elevation and frontage ofbuildings and structures; (j) indicate measures for flood control2[and protection against land slide], prevention of air and water pollution, disposal of garbage and general environmental control. 19. Publication of draft development plan.-(1) The Director shall forth-with publish the draft development plan prepared under section 18 in such manner as may be prescribed together with a notice ofthe preparation ofthe draft development plan and the suggestions in writing from any person with respect thereto, within thirty days from the date of publication of such notice. Such notice shall specify in regard to the draft development plan the followingparticulars, namely:- (i) the existing land use maps; (ii) a narrative report, supported by maps and charts, explaining theprovisions of the draft development plan; (iii) the phasing of implementation of the draft development plan assuggested by the Director; (iv) the provisions for enforcing the draft development plan and stating the manner in which permission to development may be obtained; 1. Insertedvide H.P. Act No. 41 of 2013. 2. Insertedvide H.P. Act No. 41 of 2013. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 27 (v) an approximate estimate of the cost of land acquisition for publicpurposes and the cost .of works involved in the implementation of the plan. (2) The Director shall, not later than ninety days after the date of expiry of the notice period under sub-section (1), consider all the objections and suggestions as may be received within the period specified in the notice under sub-section (1) and shall, after giving reasonable opportunity to all persons affected thereby of being heard, make such modifications in the draft development plan as he may consider necessary, and submit, not later than six months after the publication of the draft development plan, the plan so modified, to the State Government for approval together with all connected documents, plans, maps and charts. 20. Sanction of development plans.-(1) As soon as may be after the submission of the development plan under section 19, the State Government may either approve the development plan or may approve it with such modifications as it may consider necessary or may return it to the Director to modify the same or to prepare a fresh plan in accordance with such directions as it may issue in this behalf. (2) Where the State Government approves the development plan withmodifications, the State Government shall, by a notice, published in the Official Gazette, invite objections and suggestions in respect of such modifications within a period of not less than thirty days from the date of publication of the notice in the Official Gazette. (3) After considering objections and suggestions and after giving a hearing to the persons desirous of being heard the State Government may confirm the modification in the development plan. (4) The State Government shall publish the development plan as approved, under the foregoing provisions in the Official Gazette and shall along with the plan publish a public notice, in such manner as may be prescribed, of the approval of the development plan and the place or places where the copies ofthe approved development plan may be inspected. (5) The development plan shall come into operation from the date of publication thereof in the Official Gazette and as from such date shall be binding on all Development Authorities constituted under this Act and all Local Authorities functioning within the planning area. (6) After the coming into operation of the development plan, the interim development plan shall stand modified or altered to the extent the proposals in the development plan are at variance with the interim development plan. CHAPTER V SECTORAL PLAN 28 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 21. Director to prepare sectoral plan.-The Director may, on his own motion, at any time after the publication of the development plan, orthereafter, if so required by the State Government shall, within six months ofsuch requisition, prepare a sectoral plan. 22. Contents of sectoral plan.-(1) The sectoral plan shall enlarge the details of land use as indicated in the development plan and shall- (a) indicate the land liable to acquisition for public purpose or the purposes of the, Union Government, the State Government, the Town and Country Development Authority, the Special Area Development Authority, the Local Authority or any other authority established by or under any enactment for the time being in force: Provided that no land shall be so designated unless the acquisition proceedings are likely to be completed within ten years of the preparation of the plan; (b) define in detail and provide for areas reserved for agriculture,public and semi-public open spaces, parks, play- grounds, gardens, recreational areas, green belts and nature reserves ; (c) allocate in detail areas or sectors for residential, commercial,industrial, agricultural and other purposes; (d) define and provide for the complete road and street pattern for the present and in the future and indicate the traffic circulation; (e) lay down in detail the projected road and street improvement; (f) indicate and provide for areas reserved for public buildings, institutions and civic developments; (g) assess, make projections for and provide for the future requirements of amenities, services, and utilities such as municipal, transport, electricity, water and drainage; (h) prescribe in detail the sectoral regulations for each sector, with a view to facilitating an individual layout and regulating the location, height,number of storeys and the size of buildings, and other structures,the size of the court-yards, courts and other open spaces andthe use of the buildings, structures and land1[including regulations for facade control and sloping roof conforming to hill architecture and environs]; (i) define areas which have been badly laid out or areas which have developed so as to form slums, and provide for their properdevelopment and/or relocation; 1. Insertedvide H.P. Act No. 41 of 2013. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 29 (j) designate areas for future development and expansion; (k) indicate the phasing of the programme of development. (2) The sectoral plan may and if possible shall, indicate- (a) control over architectural features; elevation and frontage of buildings and structures; and (b) the details of development of specific areas for housing, shoppingcentres, industrial areas, educational and cultural institutionsand civic centres. 23. Provisions of sections 19 and 20 to apply to sectoral plan.- The provisions of sections 19 and 20 shall apply for the preparation, publication,approval and operation of sectoral plan as they apply in respect of the development plan. 24. Review of development plan and sectoral plan.-The Director may onhis own motion or if so required by the State Government shall, at any timeafter the sectoral plan has come into operation, undertake a review and evaluation of the development plan and sectoral plan. (2) The foregoing provisions of sections 19,20 and 23 shall, so far as may be, apply to the modification under sub-section (1) as those provisions apply in relation to the preparation, publication and approval of a development plan or a sectoral plan. CHAPTER VI CONTROL OF DEVELOPMENT AND USE OF LAND 25. Director to control land use.- The over all control of development and the use ofland in the planning area shall, as from the date of publication in the Official Gazette of a notification by the State Government, vest in the director. 26. Conformity with development plan.- (1) After coming into force of the development plan, the use and development of land shall conform to the provisions of the development plan: Provided that the Director may, at his discretion, permit the continued use of land for the purpose for which it was being used at the time of the coming into operation of the development plan: Provided further that such permission shall not be granted for a period exceeding seven years from the date of coming into operation of the develop- ment plan. 27. Prohibition of development without permission.- After coming into operation of the development plan, no person shall change the use of any land or carry out any development of land without the permission in writing of the Director : 30 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 Provided that no such permission shall be necessary- (a) for carrying out 'works for the maintenance, repair or alterationof any building which does not materially alter the external appearance of the buildings ; (b) for carrying out work for the improvement or maintenance of a high-way, road or public street by the Union or State Govern- ment or an authority established under this Act or by a local authority having jurisdiction, provided that such maintenance or improvement does not change the road alignment contrary to the provisions of the development plan; (c) for the purpose of inspecting, repairing or renewing any drain, sewers, mains, pipes, cables, telephone or other apparatus inclu- ding the breaking open of any street or other land for that pur- pose; (d) for the excavation or soil shaping in the interest of agriculture; (e) for restoration of land to its normal use where land has been usedtemporarily for any other purposes; (f) for use for any purpose incidental to the use of building for humanhabitation, or any other building or land attached to such buildings; (g) for the construction of a road intended to give access to land solelyfor agricultural purposes. 28. Development undertaken on behalf of Union or State Government.-(1) When the Union Government or the State Government intends to carry out development of any land for the purpose of its departments or offices or authorities, the officer-in-charge thereof shall inform in writing to the Director the intention ofthe Government to do so, giving full particulars thereof, accompanied by such documents and plans as may be prescribed at least thirty days before undertaking such development. (2) Where the Director raises any objection to the proposed development on the ground that the development is not in conformity with the provisions of the development plan, the officer shall, (i) make necessary modifications in the proposals for developmentto meet the objections raised by the Director; or (ii) submit the proposal for development together with the objections raised by the Director to the State Government for decision: Provided that where no modification is proposed by the Director within thirty days of the receipt of the proposed plan by the Government, the plan will be presumed to have been approved. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 31 (3) The State Government, on receipt of the proposals for development together with the objections of the Director shall, approve the proposals with or without modifications or direct the officer to make such modifications in the proposals as it considers necessary in the circumstances. (4) The decision of the State Government under sub-section (3) shall be final and binding. 29. Development by local authority or by any authority constituted under this Act.- Where a local authority or any authority specially constituted under this Act intends to carry out development on any land for the purpose of thatauthority, the procedure applicable to the Union or State Government under section 28 shall, mutatis mutandis, apply in respect of such authority. 30. Application for permission for development by others.- (1)Any person, not being the Union Government, State Government, a local authority or a special authority constituted under this Act intending to carry out any development on any land, shall make an application in writing to the Director for permission, in such form and containing such particulars and accompanied by such documents as may be prescribed. (2) Such application shall also be accompanied by such fee as may be prescribed. 1[30-A. Exemption from development permission in rural areas falling within Planning or Special Areas.-(1) Any person who owns land in rural areas, falling within Planning or Special Areas wherein neither Interim Development Plan nor Development Plan has been notified, shall be exempted from permission under this Act for the following development activities upto the limits as may be prescribed:— (i) Residential activities such as farm-houses and residential houses upto three storeys, cattle shed, toilet, septic tank, kitchen, store, parking shed or garage and rain shelter; (ii) Commercial activities such as basic commercial activities like shops of general merchandise, cobbler, barber, tailoring, fruit, vegetable, tea or sweet, eating places and dhabas, chemist and farm produce sale depot; (iii) Service Industries such as cottage or house-hold, service industries like carpentry, knitting, weaving, blacksmith, goldsmith, atta-chakki with capacity upto five horse-power, water mill, agriculture equipments or machinery repair, electrical, electronic and house-hold appliances; 1. Section 30-A insertedvide H.P. Act No. 11 of 1997 amended vide H.P. Act No. 15 of 2001 and substituted vide H.P. Act No. 8 of 2009. 32 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (iv) Public amenities such as public amenities like panchayat offices, schools, mahilamandals, yuvakmandals, community halls, post offices, dispensaries and clinics (including health, veterinary and Indian System of Medicines) information technology kiosks, patwarkhanas, guard huts, anganwaries, electricity and telephone installations and connections, roads and paths, ropeways, water tanks, rain harvesting tanks, overhead or underground water tanks, pump houses, check dams, temples, churches, mosques, graveyards, cemeteries, cremation grounds and other religious buildings, bathing ghats, cremation shelters, rest sheds, baths, drainage, toilets, latrines, urinals, sewerage installations, wells, tube wells, baulies, garbage disposal bins, depots and other installations; (v) Agriculture and horticulture related activities including rain harvesting structures, milk chilling plant, farm level godowns, seeds and fertilizer stores, farm clinics, pre-cooling units, primary processing units, green houses and poly houses; and (vi) Heritage related activities such as lakes, reservoirs, dams, baulies, wild life sanctuaries, cemeteries, graveyards, railway lines. (2) Any person who owns land in areas falling outside urbanisable areas, as shown in the Interim Development Plans or Development Plans of Planning or Special Areas, shall be exempted from permission under this Act for the development activities specified under sub-section (1) uptothe limits as may be prescribed.] 1[30-B. Exemption in respect of development of certain lands or buildings.- (1) Notwithstanding anything contained in the Himachal Pradesh Town and Country Planning Act, 1977 or any other law for the time being in force, the Government or any Officer or Authority, vested with the powers of Director, may, on application, by order, exempt development on any land or building or class of lands or buildings developed on or before the date of commencement of this Act from all or any of the provisions of the Himachal Pradesh Town and Country Planning Act, 1977 or any rules or regulations made thereunder upto such extent and on payment of such regularization fee as specified under sub-section (8). (2) The application under sub-section (1) shall be made within sixty days from the date of publication of this Act in the Official Gazette in Appendix-I, which can also be downloaded from the official website “www.tcphp.in” of the Department and may be submitted alongwith fee of 1. Inserted vide H.P. Act No. 1 of 2017, w.e.f. 15.6.2016 and shall remain in force for one year from the date publication i.e. 30.1.2017. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 33 one thousand rupees which shall be disposed of within a period of one year from the date of publication of this Act. (3) After passing of order under sub-section (1), permission shall be deemed to have been granted for such development of land or building. (4) Nothing contained in sub-section (1) shall apply to any application made by any person who does not have any right over the land or building referred to in sub-section (1). (5) Any person aggrieved by any order passed under sub-section (1) by any Officer or Authority may, prefer an appeal to the Appellate Authority within thirty days from the date of receipt of order. The condition of one year stipulated under sub-section (2) shall not apply in appeals and such appeals shall be decided by the Appellate Authority within a period of six months from the date of filing thereof. (6) The fee under this section shall be charged and deposited by the Competent Authority through Treasury Challan or e-Challan in the relevant Head of Account, and in case of Urban Local Bodies or Special Area Development Authorities, the fee shall be charged by way of Demand Draft or online payment by such Bodies. (7) Before grant of exemption under sub-section (1), the following guidelines and principles shall be kept in view to ensure compliance thereof, namely:- (a) the buildings shall be regularized on the basis of “as is where is”: Provided that a structural stability certificate shall be submitted by the applicant for the building to be regularized from the qualified Structural Engineer; (b) there shall be no exemption for regularization in respect of deviations and unauthorized constructions in the Green Area and Heritage Area as defined under Interim Development Plans or Development Plans as notified by the State Government from time to time; (c) deviations and un-authorized constructions falling in Green Area and Heritage Area as delineated in the Interim Development Plans (IDPs) or Development Plans (DPs) shall be regularized which have taken place prior to the notification (s) of delineation of such areas; (d) the exemptions shall also be granted for such buildings which have been constructed above the road level; (e) developments carried out in lands or buildings owned by individuals in Himachal Pradesh Housing and Urban Development Authority (HIMUDA) Colonies, where such 34 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 Colonies are maintained and administered by the Urban Local Bodies (ULBs), shall be considered for exemption; (f) developments or constructions carried out without permission or in deviation to approved plan, if not exempted under this section, shall face disconnection of services and demolition; (g) the competent authority shall ensure that the roof of buildings to be exempted and regularized under this section is rendered totally ineffective for further vertical construction in future; (h) un-authorized constructions carried out on the area and pockets kept for parks, sewerage or any other facility in any approved map of sub-division of land by the competent authorities shall not be regularized; (i) parking floor(s) as per approved plan, if converted to any other use like residence or shop etc. shall not be regularized but in case, alternative equivalent or more parking space is available then, parking floor(s) so converted into other use(s) shall be considered for regularization : Provided that such cases where existing road level is not abutting from approved parking floor and further there is no feasibility of construction of road leading to approved parking floor may be considered for regularization; (j) no exemption shall be allowed in case the owner has encroached upon any land owned by the Government or Local Authority or Board or Corporation or Institution or any Authority constituted under the Himachal Pradesh Town and Country Planning Act, 1977 or other person’s land; (k) no exemption shall be allowed on the land lying below Highest Flood Level (HFL) as delineated in the Development Plans; (l) in case of apartments, flats or slabs, the individual owner may apply for regularization; and (m) the people residing in the areas where provisions of the Himachal Pradesh Town and Country Planning Act, 1977 or the Himachal Pradesh Municipal Act, 1994 or the Himachal Pradesh Municipal Corporation Act, 1994 were not in force at the time when the buildings were constructed need not to apply: Provided that if there is any ambiguity as to whether any person is exempted or not under this section, he may make an application alongwith documents, if any, to the Competent Authority online or otherwise, who shall pass appropriate order on his application. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 35 (8) The regularization fee for regularization of deviations and un- authorized constructions shall be charged as per TABLE given below:— TABLE (A) For Residential buildings:- Sl. No. Description Rates . Municipal Outside Area Municipal Area Remarks 1. Where permission has been taken for development but deviations on set backs or storeys or in both have been made. @ Rs. 800/- per M2 @ Rs. 400/- per M2 (i) Regularization Fee shall be charged on the deviated area i.e. on set backs and un-authorized storeys which is beyond sanctioned plan; and (ii) For the purpose ofcalculation of deviations, theRegulations i.e. set backs,number of storeys/Floor AreaRatio (FAR) as wereapplicable at the time ofapproval of original or revisedor retained map shall betaken into consideration. 2. Where permission has not been taken for development i.e. total un- authorized construction. @ Rs. 1000/- per M2 @ Rs. 500/- per M2 For the purpose of calculation of deviations, the total built up area of the building shall be taken into consideration. (B) The regularization fee as specified under clause (A) of this sub- section shall beincreased by 100% for Commercial, Hotel, Tourism, Industrial or other Uses : Provided that the regularization fee as specified under clause (A) of this sub-section shall bedecreased by 75% for the persons falling under the categories of Below Poverty Line (BPL) andEconomically Weaker Sections (EWS) of the society : Provided further that no other fee shall be charged like Development of land, BuildingOperation, Change of Existing Building Use and Change of Land Use etc..] 36 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 31. Grant or refusal of permission.-(1) On receipt of an application under section 30 1[or 30-A] the Director may, subject to the provisions of this Act by order in writing- (a) Grant the permission unconditionally; (b) Grant the permission, subject to such conditions as may be deemednecessary under the circumstances; and . (c) refuse the permission. (2) Every order granting permission subject to conditions, or refusingpermission shall state the grounds for imposing such conditions orfor such refusal. (3) Any permission granted under sub-section (2) with or without conditions shall be in such manner as may be prescribed. (4) Every order under sub-section (2) shall be communicated to theapplicant in such manner as may be prescribed. (5) If the Director does not communicate his decision whether to grant or refuse permission to the applicant within 2[two months] from the date of receipts of his application, such permission shall be deemed to have been grantedto the applicant on the date immediately following the date of expiry of 3[two months]: Provided that in computing the period of 4[two months] the period in between the date of requisitioning any further information or documents from the applicant and date of receipt of such information or documents from the applicant shall be excluded. 5[31-A. Structural Stability Certificate.- The applicant shall submit a Structural Stability Certificate of the building before putting the same into use, in the manner prescribed6[including soil investigation report and structural design basis report as per provisions for safety against natural hazard].] 32. Appeal.-(1) Any applicant aggrieved by an order 7[passed under any of the provisionsof this Act] may, within thirty days of the date of communication of order to him prefer an appeal to an officer not below the rank of a 8[Secretary], appointed by the State Government in this behalf, and 1. Inserted vide Act. No. 11 of 1997. 2. Substituted for the words “six months” vide Act. No. 11 of 1997. 3. Substituted for the words “six months” vide Act. No. 11 of 1997. 4. Substituted for the words “six months” vide Act. No. 11 of 1997. 5. Section 31-Ainsertedvide H.P. Act No. 15 of 2001. 6. Insertedvide H.P. Act No. 41 of 2013. 7 Substituted for the words “granting permission on conditions or refusing permission under section 31” vide H.P. Act No. 14 of 2015. 8. Substituted for the word “Commissioner” vide H.P. Act No. 14 of 1981. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 37 such an appeal shall be made in such manner and accompanied by such fees as may be prescribed. 1[(2) The officer appointed under sub-section (1) shall, after giving a reasonableopportunity of being heard, decide the appeal preferred under this section within aperiod of six months from the date of filing of the same.] (3) Subject to the provisions of section 33 the order of the appellate authority shall be final. 33. Revision.-The State Government may, at anytime, but not later than twelve months of the passing of the order, on its own motion or on an application filed by the person aggrieved by any order by the appellate authority under section 32 within thirty days of the date of communication of such order to him, call for and examine the record of any case disposed of by Director un1er section 31 or appellate authority under section 32 for the purpose of satisfying itself as to the correctness of the order and as to the regularity of any proceeding of the Director or the appellate authority and may, when calling such record direct that the execution of the order be suspended. The State Government may, after examining the record, pass such order as it thinks fit and its order shall be final and no further application for revision or reviewthereof shall lie: Provided that no order shall be passed unless the person affected therebyand the Director have been given a reasonable opportunity of being heard. 34. Lapse of permission.-Every permission granted under section 31 orsection 32 or section 33 shall remain inforce for a period of 2[three years] from the date of such grant and thereafter it shall lapse: Provided that the Director may, on an application, extend suchperiod from year to year but the total period shall, in no case exceed 3[five years] from the date on which the permission was initially granted: Provided further that such lapseshall not bar any subsequent applicationfor fresh permission under this Act. 35. Obligation to acquire land.-(1)Where any land is designated bya development plan as subject to compulsoryacquisition,- (a) for development for the purpose of town expansion or townimprovement, or (b) for development for the purpose of the Union or State Governmentor a local authority or a Special Area Development Authorityconstituted under this Act, or 1. Sub-section (2) substituted vide H.P. Act No. 14 of 2015. 2. Substituted for the words “one year” vide H.P. Act No. 16 of 1994. 3. Substituted for the words “three years” vide H.P. Act No. 16 of 1994. 38 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (c) for development as a highway or a public utility services and the ownerof the land claims- (i) the land has become incapable of reasonably beneficial use in itsexisting state, or (ii) the permission to develop land is given subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by carrying out the permitted development in accordance with the conditions, or (iii) the sale value of the land has diminished because of the designationof the land for acquisition or development, such owner may serve on the State Government within such time in such manner and together with such documents as may be prescribed, a notice requiring the appropriate authority to purchase his interest in the land in accordance with the provisions of this Act. (2) On receipt of the notice under sub-section (1) the State Government shall forthwith call from the Director and the appropriate authority such report or records, or both as may be necessary, which these authorities shall forward to the State Government as soon as possible but not later than thirty days from the date of their requisition. (3) On receiving such records or reports the State Government may- (a) if it is satisfied that the conditions specified in sub-section (1) are fulfilled, and that the order of decision for permission was not duly made on the ground that the applicant did not comply with any ofthe provisions of this Act or the rules made thereunder, confirm the notice or direct that the permission be granted without conditions or subject to such conditions as will make the land capable of reasonably beneficial use; (b) in any other case, refuse to confirm the notice but in that case, the applicant shall be given a reasonable opportunity of being heard. (4) If within a period of one year from the date on which the notice isserved, the State Government does not pass any final order thereon, the notice shall be deemed to have been confirmed at the expiration of that period. (5) Upon confirmation of the notice the State Government shall, within a period of one year of such confirmation, proceed to acquire theland or thatpart ofany land regarding which the notice has been confirmed in accordancewith the provisions of this Act. 36. Deletion of reservation of designated land from draft or final development plan.-(1) The appropriate authority, if it is satisfied that the land is not or is no longer required for the public purpose for which it is designated THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 39 or reserved or allocated in the draft development plan or sectoral plan, or the final development plan or sectoral plan may request,- (a) the Director to sanction the deletion of such designation or reservation or allocation from the draft development plan or sectoral plan; or (b) the State Government to sanction the deletion of such designation or reservation or allocation from the final development plan or sectoral plan. (2) On receipt of such request from the appropriate authority, the Director or, as the case may be, the State Government may make an order sanctioning the deletion of such designation or reservation or allocation from the relevant plans: Provided that the Director or, as the case may be, the State Government may, before making any order, make such enquiry as he/it may consider necessary and satisfying himself/itself that such reservation or designation or allocation is no longer necessary in the public interest. (3) Upon an order under sub-section (2) being made the land shall be deemedto be released from such designation, reservation or allocation, as the case may be, and shall become available to the owner for the purpose of deve- lopment as otherwise permissible in the case of adjacent land under the relevant plan. 37. Power of revocation and modification or permission to development.- (1) If it appears to the Town and Country Development Authority or Special Area Development Authority that it is expedient, having regard to the development plan prepared or under preparation and to any other material considerations, that any permission to develop land granted under this Act or any other law, should be revoked or modified, the Town and Country Development Authority or the Special Area Development Authority may, by an order, revoke or modify the permission to such extent as appears to it to be necessary: Provided that- (a) where the permission related to the carrying out or other operations, no such orders- (i) shall affect such of the operations as have been previously carried out; (ii) shall be passed after those operations have been completed; (b) where permission related to a change of use of land, no suchorder shall be passed at any time after the change has taken place. 40 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (2) Where permission is revoked or modified by an order under the lastforegoing section, and the owner claims from the Town and Country Development Authority or the Special Area Development Authority, within the time and in the manner prescribed, amount in lieu of the expenditureincurred in carrying out the works after the grant of permission and in accordance with such permission, which has been rendered abortive by the revocation or modification, the Town and Country Development Authority or the Special Area Development Authority shall, after giving the owners reasonable opportunity of being heard by the Town Planning Officer and after considering his report, assess and offer subject to provisions of section 11 such amount to the owner as it thinks fit. (3) If the owner does not accept the amount and gives notice within such time as may be prescribed, of his refusal to accept, the Town andCountry Development Authority or the Special Area Development Authority shall refer the matter for the adjudication of the court and the decision of the court shall be final and be binding on the owner and the Town and Country Development Authority or the Special Area Development Authority. 38. Penalty for unauthorised development or for use otherwise than in conformity with development plan.-Any person who, whether at his own instance or at the instance of any other person, commences, undertakes or carries out any development or changes use of any land- (a) without permission required under this Act; (b) in contravention of the permission granted or any condition subjectto which such permission has been granted; (c) after the permission for development has been duly revoked; or (d) in contravention of any permission which has been duly modified; 1[(e) in contravention of any other provision of this Act;] shall, without prejudice to any action that may be taken under section 39, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both, and in the case of a continuing offence with further fine which may extend to two hundred rupees for every day during which the offence continues after conviction for the first commission of the offence: 2[Provided that imposition of fine shall not be deemed to regularize theunauthorized constructions, colonies or buildings, and the Director after giving a notice of thirty days and after affording a reasonable opportunity of being heard, may demolish or remove such unauthorized constructions. The amount incurred on account of demolition or removal of un-authorized 1. Clause (e) insertedvide H.P. Act No. 41 of 2013. 2. Proviso insertedvide H.P. Act No. 41 of 2013. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 41 construction shall be recovered from the owner of such building as arrears of land revenue.] 39. Power to require removal of unauthorised development.-(1) Where any development has been carried out as indicated in section 38 the Director may, within 1[ten years] of such development, serve on the owner a notice requiring him, within 2[fifteen days] from the date of service of the notice- (a) in cases specified in clause (a) or (c) of section 38 to restore the land to its condition existing before the said development took place; (b) in cases specified in clause (b) or (d) of section 38 to secure compliance with the conditions or with the permission as modified; 3[(c) in cases specified in clause (e) of section 38 to secure compliance in the manner as may be prescribed: Provided that where the notice requires the discontinuance of any use of land, it shall be served on the occupier also; 4[(2) in case any person after issuance of notice under sub-section (1) does not comply with the directions, he shall be served with a notice to stop or to seal, as the case may be, unauthorized development in the manner as may be prescribed.] 5[(3) Any person aggrieved by such notice may within fifteen days of the receipt of the notice, apply for composition of offences under section 39-C and till the time the application is disposed of, the notice shall stand withdrawn.]; (4) The foregoing provisions of this chapter, shall so far as may be applicable,apply to an application under sub-section (3). 6[(5) If the offence is compounded, the notice shall stand withdrawn, but if the offence is not compounded, the notice shall stand, or if such offence is partly compounded, the notice shall stand withdrawn to the extent the offence is compounded, but shall stand in respect of the offence which is not compounded, and thereupon the owner shall be required to take steps specified in the notice under sub-section (1) in respect of the offence not compounded.]. 1. Substituted for the words “five years” vide H.P. Act No. 16 of 1994. 2. Substituted for the words “such period being not less than one month and not exceeding three months as may be specified therein” vide H.P. Act No. 15 of 2001. 3. Clause (c) insertedvide H.P. Act No. 41 of 2013. 4. Sub-section (2) substituted . vide H.P. Act No. 41 of 2013. 5. Existing sub-section (3) substituted vide H.P. Act No. 15 of 2001. 6. Existing sub-section (5) substituted vide H.P. Act No. 15 of 2001. 42 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (6) If within the period specified in the notice or within the same period after the disposal of the application, the notice or so much of it as stands is not complied with, the Director may,- (a) prosecute the owner for not complying with the notice and whether thenotice requires the discontinuance of any use of land, any other person also who uses the land or causes or permits the land to be used in contravention of the notice, and (b) where the notice required the demolition or any alteration of any building or works or carrying out of any building or other operations itself, cause the restorations of the land to its condition before the development took place and secure compliance with the condition of the permission or with the permission as modified by taking such steps as the Director may consider necessary, including demolition or alteration of any building or works or carrying out of any building or other operations, and recover the amount of any expenses incurred by him in this behalf from the owner as arrears of land revenue. (7) Any person prosecuted under clause (a) of sub-section (6) shall, on conviction, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both, and in the case of a continuing offence with further fine whichmay extend to two hundred and fifty rupees for every day during which the offence continues after conviction for the first commission of the offence. 1[39-A. Power to stop development.- (1) Where any development in any area being commenced in contravention of the development plan or sectoral plan or without the permission, approval or sanction referred to in section 15-A (2), 16 or 31 or in contravention of any condition subject to which such permission, approval or sanction has been granted- (i) in relation to a planning area or a special area, the State Government or an Officer of the State Government empowered by it in this behalf. (ii) in relation to any other area within the local limits of a local authority, the competent authority thereof, may, in addition to any prosecution that may be instituted under this Act, make an order requiring the development to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly. (2) Where such development is not discontinued in pursuance of the order under sub-section (1) the State Government or the officer of the State Government or the competent authority, as the case may be, may require any 1. Sections 39-A and 39-B insertedvide H.P. Act No. 16 of 1994. THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 43 police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of development or to seize any construction material, tools, machinery, scaffolding or other things used in such development within such time, as may be specified in the requisition and such police officer shall comply with the requisition accordingly. (3) Any of the things caused to be seized by the State Government or the officer of the State Government or the competent authority, as the case may be, under sub-section (2) shall, unless the owner thereof turns up to take back such things and pays to the State Government or the officer of the State Government or the competent authority, as the case may be the charges for the removal or storage of such things, be disposed of by it or him by public auction or in such other manner and within such time as the State Government or the officer of the State Government or the competent authority thinks fit. (4) The charges for the removal and storage of the things sold under sub-section (3) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on a claim being made therefor within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the fund of the State Government or the competent authority, as the case may be. (5) If any development the area other than a planning area or the special area, has been commenced in contravention of the development plan or sectoral plan or without the permission, approval or sanction referred to in section 15-A (2), 16 or 31 or in contravention of any conditions subject to which such permission, approval or sanction has been granted and the competent authority has failed to make an order under sub-section (1) or, as the case may be, a requisition, under sub-section (2), within the time that may be specified in this behalf by the State Government, the State Government may, after observing such procedure as may be prescribed by rule made in this behalf, direct any officer to make the order or requisition, as the case may be, and that officer shall be bound to carry out such direction and the order or requisition made by him in pursuance of the direction shall be complied with accordingly. (6) After the requisition under sub-section (2) or sub-section (5) has been complied with, the competent authority or the officer to whom the direction was issued by the State Government under sub-section (5), as the case may be, may depute by a written order a police officer or an officer or an employee of the State Government or local authority concerned to ensure that the development is not continued. (7) Any person failing to comply with an order under sub-section (1), or as the case may be, under sub-section (5), shall be punishable with fine which may exte