THE PUNJAB NEW MANDI TOWNSHIPS (DEVELOPMENT AND REGULATION) ACT, 1960

> gad :Pb. Act Ol evan Manpt TOWNSHIPS 631 3LOPMENT AND REGULATION) THE PUNJAB NEW MANDI TOWNSE ‘Un B NB REGULATION) HPS (DEVELOPMENT Table of Contents Gections - 1. Short title, extent and commencement 9. Definitions. 3, Power of Central Government to decl i Townships and to transfer land and building whevee Bar to erection or alteration of buildi . of building rules. Ings in contravention - 5, Administrator’s power to sanction or ref : ildi : use ere buildings and presumption of sanction. ction of 6. Power of Administrator to stop unauthori ildi sed build operations and penalty for breach and disobedience. 7. Power of Administrator to direct modification of sanctioned plan of a building before its completion. 8. Lapse of sanction after one year from the date of such sanction. 9. Power to require proper maintenance of site or building. 10. Levy of fees for amenities. 11. Imposition of penalty. 12. Mode of recovery of arrears. 13. Forfeiture for breach of conditions of transfer. 14, Penalty for breach of the provisions of the Act or rules thereunder. 15, Appeal and revision. try on buildings of land. Municipal Committees, t Trusts in new Mandi 16. Powers of en 17. Partial exclusion of jurisdiction of Panchayats and Town Improvemen Townships. 18. Procedure for prosecution. 19. Bar of jurisdiction of Court. 632 New MANDI TownsHiPs [1960 : Pb. Act 1 (DEVELOPMENT AND REGULATION) 20. Protection of action taken in good faith. ; 21. Delegation. 22, Power to exclude application of Act to certain new mandj townships. 23. Power to include fully developed new Mandi Townships within limits of local authorities. 24. Certain sales to be deemed to be sales under this Act. 25. Power to make rules. 1969 : Pb. Act TI] | New MAnbi Townsiuprs (DEVELOPMENT AND REGULATION) 633 1THE PUNJAB NEW MANDI TOWNSHIPS (DEVELOPMENT AND REGULATION) ACT, 1960. PUNJAB ACT NO. II OF 1960. Received the assent of the Governor of Punjab on the 5th January, 1960 and first published in the Punjab Government Gazette (Extraordinary) on the 8th January, 1960] a — —_— Year No. Short title Whether repealed or otherwise affected by legislation —— 1960 II The Punjab New Mandi Amended by the Punjab Re- Townships (Development organisation (Chandigarh) and Regulation) Act, 1960 (Adaptation of Laws on State an Concurrent Subjects) Order, 1968 AN ACT to provide for the development and regulation of new mandi townships in Punjab. Br it enacted by the Legislature of the State of Punjab in the Tenth Year of the Republic of India as follows:— 1. (J) This Act may be called the Punjab New Mandi Shor title, ates Townships (Development and Regulation) Act, 1960. ment. (2) It extends to the whole of the {Union territory of Chandigarh]. — 7 1For Statement of Objects and Reasons, see Punjab Government Gazette (Extra-ordinary), 1958, pages 1472-73 ‘ tab”? iab Reorganisation 2 ituted ds ‘State of Punjab” by the Punja Chandigeth) “(Ada en of Laws on State and Concurrent Subjects) Order, 1968. 634 New Manpr Townsiips [1960 : Ph. Act ty (DEVELOPMENT AND REGULATION) (3) It shall come into force at once. Definitions. 2. In this Act, unless the context otherwire requires, — (a) “Administrator” means any person desig. ~ nated by the [Central Government] by noti- fication in the official gazette for performin the functions of an administrator under this Act; (6) “amenity” includes roads, water-supply, street lighting, drainage, Sewerage, cattle-sheds, ware- houses, public — lavatories, bathrooms, public buildings, horticulture, landscaping and any other public utility as may be prescribed ; (c) “building” means any construction or part of a construction which is intended to be used for residential, commercial, industrial or other pur- poses, whether in actual use or not and in- cludes any out-house, Structure, stable, cattle- Shed, garage, hut, platform and plinth; (d) “Commissioner” will have the meanin g assigned to him in the Colonization of Government Lands (Punjab) Act, 1912: (e) “erect or re-erect any building” includes— (i) any material alteration or enlargement of any building, (ii) the conversion by structural alteration into a place for human habitation of any building not orignally constructed for human habi- tation, (iii) the conversion into more than one place for human habitation of building originally constructed as one such place, SS ere Substituted for the words ‘State Government” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Comment Subjects) Orders, 1968. ———" 0: Pb. Act IH] New Manpi Townsiips 196 (DEVELOPMENT AND REGULATION) ore (iv) the conversion of two or more places of human habitation into a greater number cf such places, (vy) such alterations of a building as affect an alteration of its drainage or sanitary arrange- ments, or materially affect its security, (vi) the addition of any rooms, buildings, out- houses or other strucutres to any building, (vii) the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land, and (viii) the construction of any overhanging struc- ture over any street or public place or the enclosing of any space intended to be kept open; (f) “new mandi township” means any area declared to be a new mandi township by the [Central Government] under sub-section (1) of section 3; (g) “occupier” means a person, including a firm or other body of individuals, whether incorporat- ed or not,who occupies a site or building trans- ferred under this Act, and includes his succes- sors and assigns; (h) “prescribed” means prescribed by: rules made under this Act; (i) “site” means any land which is transferred by the 1Central Government] under section 3; (j) “‘transferee”means 4 person (including a firm or other body of individuals, whether incorporated or not) to whom a site or building is sold, leased or transferred in any manner whatsoever undet this Act, and includes his successors and assigns, : a“ . ' ” 2 jab Reorganisation 1Substituted for the words ‘‘State Gov ernment’ by the Punja (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, 636 New MANDI TOWNSHIPS [1959 : Ph. Acq i (DEVELOPMENT AND REGULATION) ] Power of Certral 3. (1) The*[Central Government] may, from tim declare New to time, by notification in the official gazette, declare any a area to be a new mandi township for the Purposes of this land and building Act to be Known by such name as may be specified in the therein. notification. (2) The ‘[Central Government] may sell, lease o otherwise transfer, by auction, allotment or otherwise, ane land or building belonging to or vested in the [Centra] Go. vernment] in any new mandi township on such terms and conditions as it may, subject to any rules that may be made under this Act, deem fit to impose. (3) Any amount due to the [Central Gover nment on account of the sale, lease or transfer of any site or build ing under sub-section (2) shall be a first charge on that Site or building, and, notwithstanding anything contained in an other law for the time being in force, no transferee shall be entitled to sell, mortgage or otherwise transfer any right title or interest in the site or building transferred to him under sub-section (2) except by way of a lease from month to month until the amount mentioned as first charge under this sub-section has been paid in full. 4. (J) No person shall erect or re-erect or occupy ee wholly or partly any building or use or develop any site or buildings in con- building in contravention of any rules made under sub- Ndi ales, of section (2) and without the previous permission in writing of the Administrator. (2) The *{Central Government] shall, by notifiction in the official gazette, make rules to regulate the erection or re-erection of buildings and use of sites, and such rules may provide for all or any of the following matters :— (a) notice to build and procedure for sub:nission of building applications with building and_ site plan; (5) use of site and the type and character of building and the number of self-contained units that may be erected on any site ; ~—we 1Substituted for the words “State Government” by the Punjab Reorganisar Le (Chandigath) (Adaptation of Laws on State and Concurrent Subjects) Order, 9 8, _— . pb. Act IT] New MAND Townstip 1960’ : (DEVELOPMENT AND REGULATION) 5 07 (c) extent of site coverage and space about buildings and the prescription of a building line; (d) the minimum dimensions and superficial area re- quired for various parts of the building design- ed for different purposes and the minimum rovision of doors and windows for securing ventilation and circulation of air; (e) the maximum height of any building and the total number and height of storeys in a building; the means to be provided for ingress and egress to any building for prevention of fire; (g) the extent of architectural control on the various units of the building and the portions of such architectural units, including compulsory build- ing, line along which, and compulsory height up to which, building shall be completed within a specified and reasonable time; (h) the specification of materials and dimensions for any building to ensure structural stability; (i) the materials and methods of construction for drains and sewers and for the provision and use of connection between private and public drains and sewers, and the procedure for submission of plans; (j) Supervisors and Architects for design and erection of any buildings and the qualifications which such persons shall possess; (k) notice and certificate of completion of buildings or parts thereof; (J) any other matters for the proper use and develop- ment of sites and the use, alteration and erec- tion of buildings thereon. 638 New MAnpt ‘TOWNSHIPS (1960 : Pb. Art TI (DEVELOPMENT AND REGULATION) Administrator's 5. (1) The Administr ator shall refuse to sanction the ° OMT rection erection of any building in contravention of any rules made ef buildingsand under sub-section (2) of section presumption of tor shall, in every case, Communi- sanction. a (2) The Administrate 1 e se, C uni cate the sanction or rejection ofa building application within sixty days of its receipt. (3) Where no communication is received by the appli- cant from the Administrator within the period specified in sub-section (2), the application shall be deemed to have been sanctioned and the applicant may, after fifteen days’ notice to the Administrator, erect or re-erect the building in accordance with the building application submitted by him to the Administrator for sanction notwithstanding that such erection or re-erection contravenes the rules made under section 4: Provided that when the Administrator modifies the building application within such fifteen days and communi- cates the modification to the applicant, the applicant shall ererct or re-erect the building in accordance with such modification. Power of Adminis- 6. Where the erection or re-erection of a building trator to stop un- . . . ° . authorised build. has been commenced without sanction or Is being carried on ing operations as such or in contravention of the terms of any sanction, and penalty for ow : and penalty fr the Administrator may, by a notice to be served on_ the obedience. owner, or by affixing it at the site or on the building, direct that the building operations be discontinued. Power of Adminis- , a: {rator. to. direct 7. If at any time before the completion of a building modification of of which the erection or re-erection has been sanctioned sanctioned plan of ; . . . a building before UNder Section 5, the Administrator finds that any modifi- ect that itscompletion. cation of the sanctioned plan is necessary, he may dir the building be modified accordingly, subject to payment of compensation by the [Central Government] or any loss incurred by the owner on account of such modif ication. Lapse of sanction ; . ‘ after one year 8. Every sanction for erection or re-erection of any or iBreng of building given or deemed to have been given shall be vali¢ ‘for one year from the date of such sanction or for such longer period as the Administrator may allow: unjab Reorganisa Substituted for the words ‘State Government” by the P t Subjects) Orde! ae (Chandigarh) (Adaptation of Laws on State and Concurren — opp, Act Hl] New MANbi Townsnur: ‘ 4960 °° (DEVELOPMENT AND REGULATION) IPS 639 provid ed that the erection or re-erection of the building 00 mmenced within one year, and completed within wo years or such longer period as may have been ,t sanction shall be deemed to have lapsed, but allow lapse shall not bar any subsequent application for fresh sanction. 9, Ifitappears to the Administrator that the condition Power to require or use of any site or building is prejudicially affecting the proper mainte- * . nce site or proper planning of any part of the new mandi township, or _ building. its amenities, OF the health or interests of the general public he may serve on the transferee or occupier of the site or puilding notice requiring him to take such steps and within such period as may be specified in the notice and there- after to maintain it in such a manner as may be specified there. 10. For the purpose of providing, maintai ning or Levy of. fees for amenities. continuing aDy amenity in the new mandi township, the 11Central Government] may levy such fees as it may con- sider necessary 1n respect of any site or building on the transferee OT occupier thereof. occupier defaults in Imposition of 11. Where any transferee OF penalty. the payment of any fee levied under this Act and such de- fault has continued for three months from the due date, then, in addition to the arrears, a Sum equal to twenty per centum of that amount shall be recovered from the transferee Or occupier, as the case may be, by way of penalty. 12. In the event of default in the payment of aNY Mode of recovery of amount due under this Act, the outstanding amount to- arrears. gether, with the penalty if any, may be recovered from the transferee or occupier, as the case may be, as arrears of and revenue. 13. (J) Notwithstanding anything contained in any Forfeiture or breach ; . . os of condition other law for the time being n force, the Administrator May of transfer. fesume any site or building if the transferee or occupier persistently fails to use such site or building for the purpose ferred or fails to build for which it is sold, leasea or trans Upon the site within the period allowed or fails to pay the Sale price or lease money O such site or building due under this Act or the rules made thereunder. ‘ 7" , 5 ‘ Ph. Act it ) EW MAND TOWNSHIPS [1960 : P | ms N (DeveLopMRNT AND REGULATION) 2) In the event of such resumption of any site o, building, any moncy paid or deposited in respect of such site or building may also be forfeited: Provided that no order of resumption of forfeiture of money shall be passed under this section without afford- ing the defaulter an opportunity to show cause against it. (3) The resumed site or building, as the case may be, may be resold by auction and any loss resulting from such resale which is not covered by the amount forfeited under sub-section (2), shall be recoverable as arrears of land revenue from such defaulter. Penalty for breach 14. (J) Except as otherwise provided in this Act, any of the provisions . ar 2 of the Act or rules contravention of the provisions of this Act or the rules thereunder. Appeal and revision. made thereunder shall be punishable with fine which may extend to five hundred rupees and, in the case of continuing contravention, with an additional fine which may extend to fifty rupees for each day during which such contravention continues after the first conviction. (2) If a building is begun, erected or re-erected in contravention of any of the rules made under sub-section(2) of section 4, the Administrator shall be competent to order the building to be altered or demolished by a written notice served on the owner thereof within six months of such commencement, erection or re-erection. Such notice shall also Specify the period not being less than fifteen days during’ which such alteration or demolition must be made and, if notice is not complied with, the Administrator shall be Competent to demolish the said building at the expense of the owner : Provided that the Administrator, instead of requiring the alteration or demolition of any such building, accept by way of composition Such sum as he may deem reason- able. 15. (7) Any person aggrieved by an order of the Administrator under sections 5, 8, 9, 13 or sub-section (2) of section 14 may, within thirty days from the date of rommunication to him of such order, prefer an appeal to the Commissioner of the Division in which the new mand township is situated : _ . pb. Act II] New MANpb1i Townsitp 4960 ° (DEVELOPMENT AND REGULATION) 641 rovided that the Commissioner may entertai 9¢a after the expiry of the said period of thirty days if ap i, satisf ‘ed that the appellant was prevented by suffi- hnt cause from filing the appeal in time : provided further that the provisions relating to t yction of period spent in obtaining copies of to one n the Indian Limitation Act, 1908 shall ntaine 1 : : ns ply in computing the period of limitation. The Commissioner may, after hearing the appeal confirm, vaty OF reverse the order appealed against and may pass such orders, as he may deem fit. (3) The Financial Commissioner may, either on his own motion oF on an application received in this behalf at any time, within a period of one year from the date of the order, call for the records of any proceedings in which the Administrator oF, Commissioner has passed an order for the purpose of satisfying himself as to the legality or ropriety of such order and may pass such orders in relation thereto as he thinks fit: ; Provided that the Financial Commissioner shall not pass an order under this sub-section prejudicial to any person without giving him a reasonable opportunity of being heard. 16. (1) The Administrator may, after giving four Powers of entry om days’ notice to the occupier, or if there be no occupier, Puildings or land. tothe owner of the building or land authorise any person— (a) to enter on and to survey and to take levels or measurements of any building or land ; (b) to enter into any building or on any land to ascertain whether any building is being or has been erected without sanction or in contra- vention of any sanction or the rules made under this Act and to take such measurements as may be necessary for this purpose. (2) The entry contemplated in clauses (a) and (8) of sub-section ({) shall be between sunrise and sunset, 642 NEW MANDI TownsHips — [1960 : Pb. Att yy (DEVELOPMENT AND REGULATION) Partial exclusion 17. (7) If any new mandi township or a part there. of jurisdiction of of lies within the limits of a municipality, notified area, Ee ' mittoes, Pancha. Gram Panchayat area or local area, under the Punjat, yats,andTown = Toy Improvement Act, 1922, the }[Central Government) tee mandi may, by notification in the official gazette, direct that any townships. orall the powers under the Punjab Municipal Act, 191 I, the Punjab Gram Panchayat Act, 1952, or the Punjab Town Improvement Act, 1922, as are relevant to the purposes of this Act, shall, subject to such conditions and restric. tions as may be, specified in the notification, cease to operate in such new mandi township or a part thereof, and the Municipal Committee, the President or any officer of the Committee, the Gram Panchayat or the Town Improvement Trust, as the case may be, shall _ thereafter cease to have jurisdiction over that new mandi township or a part thereof, as the case may be, in respect of such powers. (2) The provisions of the Punjab Municipal Act, 1911, the Punjab Gram Panchayat Act, 1952, and the Punjab Town Improvement Act, 1922, in so far as they are in- consistent with the provisions of this Act shall not apply to a new mandi township or a part thereof. Procedure for pro- 18. No Court shall take cognizance of any offence eecatnioas under section 14 except on the complaint of, or upon information received by the Administrator or any other person authorised by him in this behalf. Bar of jurisdiction 19. Except as otherwise provided in this Act, no of Cond. order made by the Administrator or any authority in exercise of any powers conferred by or under this Act shall be called in question in any Court. Protection of ac- 20. No suit, prosecution or other legal di tak od ) Suit, t10 gal proceeding faith 8 shall lie against the Administrator or any other officer or authority for anything done or intended to be done in good faith in pursuance of this Act or rules or orders made thereunder. *Substituted for the words “State Government” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, a , 3. pp, Act II] = NEW MANDi Town 60 :P (DEVELOPMENT AND REGULATION). ” gi. (1) The 17Central Government] may, by order, Delegation. oct that any power exerciscable by it or by the Adminis- dint under this Act shall also be exerciseable by such acer not below the rank of a Naib-Tahsildar and eabject to such conditions, if any, as may be specified in (2) The Administrator may delegate all or any of his owers under this Act to any officer not below the rank of Pp Naib-Tahsildar of the 1{[Central Government] or any “tber authority subject to such conditions as may be specified py the Administrator. 22. If the {Central Government] is of opinion that Power to exclude, t is not in ublic interest to develop a new mandi town- ene nes ship it may, by notification, declare that the provisions of ™andi townships. this Act shall cease to apply to such new mandi township from such date as may be specified in such notification. 23. If the [Central Government] is of the opinion Pawerto, include, that any new mandi township has been fully developed new mandi town- in accordance with the provisions of this Act and the rules ons bbe limits _ made thereunder, it may, by notification in the official ” °~ authorities. zette, include such new mandi township within the focal limits of any local authority from such date as may be specified in the notification, and thereupon the provisions of this Act shall cease to apply to such new mandi township, and the provisions of the law for the time being in force relating to such local authority shall apply in relation thereto. ; Certain sales to be 24. (1) Every sale of land made to any person iN & Goinedto be sales new mandi township in pursuance of the Punjab Govern- under this Act. ment, Agriculture Department notification No. 359-D (M)-37/884, dated the 5th March, 1957, shall be deemed to have been made to such person under the provisions of this Act, and as from the commencement of this Act in such new mandi township, the provisions of the Colonisation of Government Lands (Punjab) Act, 1912, shall cease to apply to such sale of land and all the provisions of this Act and the rules or orders made thereunder shall apply accordingly in respect thereof: _—_—_ ment”’ by the Punjab Reorganisation 1Substituted f “State Govern ed for the words ‘State Gove T Concurrent Subjects) Order, 1968. (Chandigarh) (Adaptation of Laws on State an 644. Npw MAND) TOWNSHIPS (1960 : Pb. Act II° (DEVELOPMENT AND REGULATION) Provided that such rules or orders shall not be in- consistent with the terms and conditions on which such sale has already been made. The sales of land made for establishing the new man township of Bhatinda in the month of June, 1956, and in the new mandi township of Shutrana in the months of July and August, 1956, shall be deemed to have been made under this Act and all the provisions of this Act and the rules or orders made thereunder shall apply accordingly to such sales : : Provided that such rules or orders shall not be in- consistent with the terms and conditions on which such sales have already been made. Power to make 25. The ‘[Central Government] may, by notification rules. in the official Gazette, make rules prescribing all matters which by this Act are requised or permitted to be pres- cribed, or which are necessary or convenient to be pres- cribed for carrying out or giving effect to this Act and in particular prescribing— . | (a) the terms and conditions on which any land or building may be transferred by the {Central Government] under this Act ; ! (b) the manner in which consideration money for transfer may be paid ; (c) the rate of interest payable and the procedure for payment of instalments, interest, fees, rents or other dues payable under this Act ; (d) the terms and conditions under which the trans- fer of any right in any site or building may be permitted ; (c) the levy of fees under section 10; (f) the terms and conditions for the breach of which any site or building may be resumed; | (g) the form of notice and the manner in which notices may be served ; (h) the form and manner in which appeals and applications under this Act may be filed and the Court-fees leviable on such appeals and applications ; (i) any other matter which has to be or may be prescribed. ~~ . 1Substituted for the words “State Government” by the Punjab Reorganisa- ton (Chandigarh) (Adaptation of Laws on State and Concurtent Subjects) Order, 8.