The Punjab New Capital _Periphery_ control Act, 1952

375 THE PUNJAB NEW CAPITAL (PERIPHERY) CONTROL ACT, 1952 TABLE OF CONTENTS Sections. 1. Short title, extent and commencement. 2. Definitions. 3. Declaration of controlled area. 4. Publication of plans of controlled area. 5. Restrictions in a controlled area. 6. Applications for permission and the grant or refusal of such permission. 6A. Entry into land or building. 7. Appeal. 8. Compensation. 9. Arbitration for compensation. 10. Savings. 11. Prohibition on use of land. 12. Offences and penalties. 12A. Composition of offences. 12B. Duty of police officers. 12C. Power to arrest. 12D. Sanction of Prosecution. 13. Trial of offences. 13A. Bar of Jurisdiction. 14. Indemnity. 15. Exemptions. 16. Power to make rules. 1953 : Pb. Act 1 ] NEW CAPITAL (PERIPHERY) CONTROL 376 3771953 : Pb. Act I] NEW CAPITAL (PERIPHERY) CONTROL 1THE PUNJAB NEW CAPITAL (PERIPHERY) CONTROL ACT, 1952 [PUNJAB ACT NO. 1 OF 1953] [Received the assent of the President on the 12th January, 1953, and was first published in the Punjab Government Gazette (Extraordinary) of the 16th January, 1953.] 1 2 3 4 Year No. Short title Whether affected by legislation 1953 I The Punjab Extended to the territories which imme- New Capital diately before the 1st November, 1956, were (Periphery) comprised in the State of Patiala and East Control Act, Punjab States Union by Punjab Act 14 of 1952 19572 Amended by Punjab Act 30 of 19593 Amended by Punjab Act 28 of 19624 Amended by Punjab Act 25 of 19645 Amended by Haryana Adaptation of Laws (State and Concurrent Subjects) Order, 19686 Amended by Haryana Act 38 of 19717 Amended by Haryana Act 22 of 19998 Amended by Haryana Act 3 of 2000.9 Amended by Haryana Act 15 of 200110. Amended by Haryana Act 22 of 200311 1. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), dated 24th October, 1952, page 1192-h; for report of the Joint Select Committee, see Punjab Government Gazette, Part 5, dated 28th November, 1952, Pages 123-132; for proceedings in the Assembly, see Punjab Legislative Assembly Debates, 1952. 2. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1957, page 1192. 3. For Statement of Objects and Reasons, see Punjab Government Gazette (Extra), 1959, page 1001. 4. For Statement of Objects and Reasons, see Punjab Government Gazette (Extra), 1962, pages 677-678. 5. For Statement of Objects and Reasons, see Punjab Government Gazette (Extra), 1964, pages 135-37. 6. See Haryana Government Gazette (Extra), dated 29th October 1968, pages 531-567. 7. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra), 1971, page 1339. 8. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra), dated 15th November, 1999, pages 2600-2601. 9. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra), dated 22nd July, 1998, pages 4-5. 10. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra), dated 10th June, 2001, page 950. 11. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra), dated 8th September, 2003 page 1969. 378 NEW CAPITAL (PERIPHERY) [1953 : Pb. Act I CONTROL An Act to control and regulate the Periphery of 1[the territories which immediately before the 1st November, 1966, comprised the new Capital ] of the State of Punjab. It is hereby enacted as follows :— 1. (1) This Act may be called the Punjab New Capital (Periphery) Control Act, 1952. 2[(2) It extends to such part of the area in the State of Haryana as is adjacent to and within a distance of ten miles on all sides from the outer boundary of the land acquired for the Capital of the State at Chandigarh as it existed immediately before the 1st November, 1966.] (3) It shall come into force at once. 2. In this Act, unless the context otherwise requires— (1) “agriculture” includes 3[horticulture, dairy farming, poultry farming] and planting and upkeep of orchard ; (2) “building” has the same meaning as is assigned to it in clause (2) of section 3 of the Punjab Municipal Act, 1911, (Act III of 1911) ; 4[(3) “Director” means the Director, Town and Country Planning Department, Haryana and includes any person for the time being appointed by the State Government, by notification in the official Gazette, to perform all or any functions of the Director, under this Act ;] 5[(4) “Commissioner” means the Commissioner and Secretary to Government, Haryana, Town and Country Planning Department ;] 6[(4A) “Local authority” means the Municipal Committe, Municipal Council or Municipal Corporation ;] 1. For the words “New Capital” by the Haryana Adaptation of Substituted Laws Order, 1968 2. Substituted for sub-section (2) by ibid. 3. Substituted for the word “horticulture” by Haryana Act 38 of 1971. 4. Substituted by Haryana Act 15 of 2001. 5. Substituted by Haryana Act 3 of 2000. 6. Inserted by Haryana Act 22 of 1999. Short title, extent and commence- ment. Definitions. 379 (5) “prescribed” means prescribed by rules made under this Act ; (6) “road” means a metalled or unmetalled road, whether a throughfare or not, accessible to the public and maintained by the State Government or by a local authority ; and (7) the expression “to erect or re-erect any building” has the same meaning as is assigned to it in clause (5) of section 3 of the Punjab Municipal Act, 1911 (Act No. 3 of 1911). 3. (1) The State Government may by notification in the Official Gazette declare the whole or any part of the area to which this Act extends to be a controlled area for the purposes of this Act. (2) 1[ * * * * * * * * * *] 4. (1) The 2[Director] shall within three months of the declaration under sub-section (1) of section 3 deposit at his office and at such other places as he considers necessary, plans showing the area declared to be a “controlled area” for the purposes of this Act, signifying therein the nature of the restrictions applicable to the controlled area. (2) The plans so deposited shall be in the form prescribed and shall be available for inspection by the public free of charge at all reasonable times. 5. Except as provided hereinafter, no person shall erect or re- erect any building or make or extend any excavation, or lay out any means of access to a road, in the controlled area save in accordance with the plans and restrictions and with the previous permission of the 2[Director] in writing. 6. (1) Every person desiring to obtain the permission referred to in section 5 shall make an application in writing to the 2[Director] in such form and containing such information in respect of the building, excavattion or means of access to which the application relates as may be prescribed. 1. Sub-section (2) of section 3 omitted by Haryana Act 38 of 1971. 2. Substituted by Haryana Act 15 of 2001. Declaration of controlled area. Publication of plans of controlled area. Restrictions in a controlled area. Applications for permission and the grant or refusal of such permission. 1953 : Pb. Act I ] NEW CAPITAL (PERIPHERY) CONTROL 380 NEW CAPITAL (PERIPHERY) [1953 : Pb. Act I CONTROL (2) On receipt of such application the 2[Director] after making such enquiry as he considers necessary, shall by order in writing, either— (a) grant the permission, subject to such conditions, if any, as may be specified in the order ; or (b) refuse to grant permission. (3) When the 2[Director] grants permission subject to conditions or refuses to grant permission under sub-section (2), the conditions imposed or the grounds of refusal shall be such as are reasonable having regard to the circumstances of each case and the interest of the general public. (4) The 2[Director] shall not refuse permission to the erection or re-erection of a building, if such building is required for purposes subservient to agriculture not shall the permission to erect or re-erect any such building be made subject to any conditions other than those which may be necessary to ensure that the building will be used solely for agricultural purposes. (5) The 2[Director] shall not refuse permission to the erection or re-erection of a building which was in existence on the date on which the notification 1[under sub-section (1) of section 3] was made, nor shall he impose any conditions in respect of such erection or re- erection unless he is satisfied that there is a probability that the building will be used for a purpose or is designed in a manner other than that for which it was used or designed on the date on which the said declaration was made. (6) If at the expiration of a period of three months after an application under sub-section (1) has been made to the 2[Director], no order in writing has been passed by the 2[Director] permission shall, without prejudice to the restriction signified in the plans under section 4 be deemed to have been given without the imposition of any conditions. (7) The 2[Director] shall maintain a register as may be prescribed with sufficient particulars of all cases in which permission is given or deemed to have been given or refused by him under this section, and the said register shall be available for inspection without charge by all persons interested and such persons shall be entitled to take extracts therefrom. 1. Substituted by Haryana Act 3 of 2000. 2. Substituted by Haryana Act 15 of 2001. 381 1[6A. The 2[Director] may authorize any person to enter into or upon any land or building with or without assistance or workmen for the purpose of making any enquiry, inspection, measurement or survey or taking levels etc : Provided that no entry shall be made after sunset and before sunrise and without giving twenty-four hours notice to the occupier or owner of such land or building.] 3[7. Any person aggrieved or affected by an order of the 2[Director ] under sub-section (2) of section 6 granting permission subject to conditions or refusing permission or orders passed under sub-section (2) of section 12 may, within a period of sixty days from the date of such order prefer an appeal to the Commissioner and Secretary to Government, Haryana, Town and Country Planning Department, whose orders shall be final.] 8. A person whose application has been refused or whose application has been granted subject to conditions, under sub-section (2) of section 6 shall be entitled to claim compensation within three months of the order of the 2[Director] under section 7, if any, as the case may be, for any injury, loss or damage actually suffered on account of the order, in the manner hereinafter provided. 9. (1) An application for compensation shall lie to an arbitrator appointed by the State Government in this behalf. (2) Such arbitrator shall be a person who is or has been a District Judge or an Additional District Judge, and he shall have all the powers of an arbitrator under the 4[Indian Arbitration Act, 1940], and the provisions of the said Act shall, so far as may be, apply in relation to proceedings before him. (3) In computing the compensation to be awarded regard shall not be had to any consideration for advantages to be gained or improvements to be made in any land or building in the controlled area, with reference to their development or intended development in the future, or to increase in value as a result of the development of the capital of the State at Chandigarh. 1. Inserted by Haryana Act 3 of 2000. 2. Substituted by Haryana Act 15 of 2001. 3. Substituted by Haryana Act 22 of 1999. 4. Now see the Arbitration and Conciliations Act, 1996 (26 of 1996). Appeal. Entry into land or building. Compensation. Arbitration for compensation. 1953 : Pb. Act I] NEW CAPITAL (PERIPHERY) CONTROL 382 NEW CAPITAL (PERIPHERY) [1953 : Pb. Act I CONTROL (4) The arbitrator shall have power to reject the application, after due enquiry, or to make an award of compensation. 10. Nothing in this Act shall affect the power of Government or any other authority to acquire land or to impose restrictions upon the use and development of land comprised in the controlled area under any other law for the time being in force, or to permit the settlement of a claim arising out of the exercise of powers under this Act by mutual agreement. 11. 1[(1) No land within a controlled area shall, except with the permission of the State Government 2[and on payment of such conversion charges as may be prescribed by the State Government from time to time] be used for purposes other than those for which it was used on the date of notification under sub-section (1) of section 3, and no such land shall be used for the purposes of a charcoal-kiln, pottery- kiln, lime-kiln, brick-field or brick-kiln or for quarrying stone, bajri or kankar, or manufacturing surkhi, or stone-crushing, or for other similar extraction or ancillary operations except under and in accordance with the conditions of a licence to be obtained from the 4[Director] on payment of such fees and on such conditions as may be prescribed or as may be specified in the order.] (2) The renewal of such licence may be made 3[after three years] on payment of such fees as may be prescribed. (3) No person shall be entitled to claim compensation for any injury, damage or loss caused or alleged to have been caused by the refusal to issue or renew a licence, except in cases where such kiln was in existence at the time of the notification 3[under sub-section (1) of section 3] and in which case an application shall lie to the arbitrator within three months of the order of refusal in the manner provided in section 9. 12. (1) Any person who— (a) erects or re-erects any building or makes or extends any excavation or lays any means of access to a road in contravention of the provisions of section 5 or in contravention of any conditions imposed by an order under section 6 or section 7, or 1. Substituted by Haryana Act 38 of 1971. 2. Inserted by Haryana Act 3 of 2000. 3. Substituted by Haryana Act 3 of 2000. 4. Substituted by Haryana Act 15 of 2001. Savings. Prohibition on use of land. Offences and penalties. 383 (b) uses any land in contravention of the provisions of sub-section (1) of section 11; shall be punishable 2[with imprisonment of either description for a term which may extend to three years, and with fine which may extend to ten thousand rupees, and in the case of continuing contravention, with a further fine which may extend to five hundred rupees ] for every day after the date of the first conviction during which he is proved to have persisted in the contravention. 1[(2) Without prejudice to the provisions of sub-section (1), the 3[Director] may, by notice, served by post and if a person avoids service, or is not available for service of notice, or refuses to accept service, then by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be prescribed, call upon any person who has committed a breach of the provisions referred to in the said sub-section to stop further construction and to appear and show cause why he should not be ordered to restore to its original state or to bring it in conformity with the provisions of the Act or the rules, as the case may be, any building or land in respect of which a contravention such as described in the said sub-section has been committed, and if such person fails to show cause to the satisfaction of the 3[Director] within a period of seven days, the 3[Director] may pass an order requiring him to restore such land or building to its original state or to bring it in conformity with the provisions of the Act or the rules, as the case may be, within a further period of seven days. (3) If the order made under sub-section (2) is not carried out, within the specified period, the 3[Director] may himself, at the expiry of the period of this order take such measures as may appear necessary to give effect to the order and the cost of the such measures shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue : Provided that even before the expiry of seven days period mentioned in the order under sub-section (2), if the 3[Director] is 1. Substituted by Haryana Act 38 of 1971 and further substituted by Haryana Act 22 of 1999. 2. Substituted by Haryana Act 3 of 2000. 3. Substituted by Haryana Act 15 of 2001. 1953 : Pb. Act I] NEW CAPITAL (PERIPHERY) CONTROL 384 NEW CAPITAL (PERIPHERY) [1953 : Pb. Act I CONTROL satisfied that instead of stopping the erection or re-erection of the building or making or extending of the excavation or laying out of the means of access to a road, as the case may be, the person continues with the contravention, the 1[Director] may himself take such measures as may appear necessary to give effect to the order and the cost of such measures, shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue.] 2[(4) * * * * * * *] 3[12A. (1) The 1[Director] or any person authorized by the 1[Director] by general or special order in this behalf may, either before or after the institution of the proceedings compound any offence made punishable by or under this Act. (2) Where an offence has been compounded, the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.] 4[12B. It shall be the duty of every officer— (i) to commuicate without delay to the 1[Director] or any other officer authorized in writing by him, in this behalf, any information which he receives of a design to commit or of the commission of any offence against this Act or any rules or regulations made thereunder; and (ii) to assist the 1[Director] or any other officer authorized in writing by him, in this behalf, in the lawful exercise of any power vested in the 1[Director] or any other officer authorized in writing by him, in this behalf, under this Act or any rule or regulation made thereunder. 12C. (1) A Police Officer not below the rank of Sub-Inspector shall arrest any person who commits, in his view, any offence under this Act or any rule made thereunder, and on demand declines to give his name and address, or gives such name or address which such officer has reason to believe to be false. 1. Substituted by Haryana Act 15 of 2001. 2. Omitted by Haryana Act 22 of 1999. 3. Section 12A added by Haryana Act 38 of 1971. 4. Inserted by Haryana Act 3 of 2000. Composition of offences. Duty of police officers. Power to arrest. 385 (2) The person so arrested shall, without unavoidable delay, be produced before the Magistrate authorized to try the offence for which the arrest has been made, and no person, so arrested, shall be detained in custody for a period exceeding twenty-four hours without an order from the above mentioned Magistrate. 12D. No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the 1[Director] or any officer authorized by him in this behalf.] 13. No court inferior to that of a 2[Judicial Magistrate ] of the first class shall be competent to try any offence punishable under this Act. 3[13A. No civil court shall have jurisdiction to entertain or decide any question relating to matters falling under this Act or the rules framed thereunder.] 14. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act. 15. Nothing in this Act shall apply to— 4[(a) any building erected or re-erected for bonafide personal residential purposes and not above the height of eleven meters or for purposes subservient to agriculture in the abadi area of any village as defined in the revenue records and the area adjacent to the abadi area of any village which the Government identifies for village expansion through a notification, published in the Official Gazette, specifically to this effect subject to the condition that this area shall not exceed sixty percent of the existing village abadi area : Provided that no such building shall be used for commercial purposes ;] 1. Substituted by Haryana Act 15 of 2001. 2. Substituted by Punjab Act 25 of 1964. 3. Inserted by Haryana Act 3 of 2000. 4. Substituted by Haryana Act 3 of 2000 and further substituted by Haryana Act 22 of 2003. 1953 : Pb. Act I] NEW CAPITAL (PERIPHERY) CONTROL Sanction of Prosecution. Trial of offences. Bar of juris- diction. Indemnity. Exemption. 386 (b) the erection or re-erection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard, place of worship, cenotaph or samadhi on land which is, at the time of the notification 1[under sub-section (1) of section 3] occupied by or for the purposes of such place of worship, tomb, samadhi, cenotaph or graveyeard ; (c) excavations (including wells) or other operations made in the ordinary course of agriculture ; (d) the construction of an unmetalled road intended to give access to land solely for agricultural purposes [;]2 3[(e) any area falling within the limits of local authority.] 16. (1) The State Government may make rules to carry out the purposes of this Act, subject to the conditions of previous publication, and all such rules shall, as soon as may be possible, be laid before the Legislature for a period of fourteen days. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely :— (a) the form in which the plans under section 4 are to be displayed and the matters to be contained therein ; (b) the form in which applications under sub-section (1) of section 6 shall be made and the information to be furnished in such applications ; (c) the regulation of the laying out of means of access to roads ; (d) the fees to be charged for the grant and renewal of licences under section 10 and the conditions governing such licences ; (e) principles and conditions under which applications for permission under this Act may be granted or refused. 1. Substituted by Haryana Act 3 of 2000. 2. Substituted by Haryana Act 22 of 1999. 3. Added by Act ibid. Power to make rules. NEW CAPITAL (PERIPHERY) [1953 : Pb. Act I CONTROL