The PUNJAB LAWS (SPECIAL PROVISIONS FOR REGULARIZATION OF UNAUTHORIZED COLONIES)

ae * wit CORN oe EEO eee PUNJAB GOVT. GAZ. (EXTRA), APRIL 19, 2018 45 (CHTR 29, 1940 SAKA) PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 19th April, 2018 No.11-Leg./2018.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 16th day of April, 2018, is hereby published for general information:- THE PUNJAB LAWS (SPECIAL PROVISIONS FOR REGULARIZATION OF UNAUTHORIZED COLONIES) ACT, 2018. (Punjab Act No.10 of 2018) AN ACT to make special provisions for better planning and regulating the development of unauthorized colonies, plots and buildings falling in unauthorized colonies, which are causing infrastructure and public safety issues in the State of Punjab and for the matters connected therewith or incidental thereto. Whereas, in order to make provision for better planning and regulating the development and use of land in planning areas, for preparation of Regional Plans, Master Plans and implementation thereof and for undertaking urban development and housing programmes and schemes, the Punjab Regional and Town Planning and Development Act, 1995 (Punjab Act No. |] of 1995) was enacted by the State of Punjab, which came into force on and with effect from the Ist July, 1995; Whereas, in order to regulate the promotion of construction, sale, transfer and management of apartments on ownership basis and to regulate colonies and for matters connected therewith, the Punjab Apartment and Property Regulation Act, 1995 (Punjab Act No. 14 of 1995) was enacted, which came into force on and with effect from the 30th October, 1995: Whereas, due to large scale migration of population from rural area to urban area, the population has increased many fold on urban settlement resulting in higher demand for housing and civic infrastructure and comparatively less number of promoters came forward to obtain colony licenses under the Punjab 46 PUNJAB GOVT. GAZ. (EXTRA), APRIL 19, 2018 (CHTR 29, 1940 SAKA) Apartment and Property Regulation Act, 1995 for development of planned colonies in the State. Resultantly, a large number of unauthorized colonies mushroomed in the State. However, in the absence of effective implementation of the said Acts, not much exercise could be undertaken to demolish the unauthorized colonies and also the buildings constructed on plots during all these years; Whereas, during all these years spanning over last about two decades, a large number of colonies have come up without approval of the competent authority and a large number of residential or commercial buildings have been constructed in these colonies without approval and without proper facilities and it is not in the public interest to demolish such a huge number of unauthorized colonies or buildings uprooting the public at large: Whereas, the Government had constituted a committee of Experts to suggest a strategy to deal with this situation, which after assessing the ground realities has suggested not only the unauthorized colonies and buildings situated in such colonies should be regularized by framing a policy but basic amenities should also be provided in such colonies to give breathing space to the residents of these colonies; Whereas, after considering the suggestions of experts, it has been considered necessary in the larger public interest to provide relief to the people of the State by regularizing unauthorized colonies or buildings within the policy framework to be specified by the Government, Whereas, in order to bring all these unplanned areas into the fold of planned development and to ensure provision of basic amenities for better quality of life to the residents of these colonies, the Government of Punjab had earlier enacted the Punjab Laws (Special Provisions) Act, 2013, which had been further re-enacted in the year of 2014 and again in the year of 2016 for the framing of policies. Out of these three enactments, the first two remained operative for a period of one year each i.e. from the 17th April, 2013 to the 16th April, 2014 and the 6th February, 2015 to the Sth February, 201 6,respectively. Whereas the third enactment remained operative for a period of six months i.e. from the 21st October, 2016 to the 20th April, 2017. However, some of the colonizers or plot holders of the unauthorized colonies could not apply for regularization under the previous policies and also some amendments are required to be made in the previous policy so that maximum number of un- authorized colonies could be covered under the new policy; tee nitnit .WV PUNJAB GOVT. GAZ. (EXTRA), APRIL 19, 2018 47 (CHTR 29, 1940 SAKA) And whereas, it is expedient to have a law to provide relief to the people of the State of Punjab residing in unauthorized colonies. BE it enacted by the Legislature of the State of Punjab in the Sixty-ninth Year of the Republic of India as follows:- 1. (1) This Act may be called the Punjab Laws (Special Provisions for Short title and Regularization of Unauthorized Colonies) Act, 2018. COMUNERES MERE. (2) It shall come into force on and with effect from the date of its publication in the Official Gazette. 2. (1) Inthis Act, unless the context otherwise requires,- Definitions. (a) “appellate authority” means appellate authority appointed under section 10; (b) "Colony" means an area of land not less than one thousand square meters divided into plots for residential, commercial or industrial purpose; (c) "Competent Authority" means any person or authority as specified in section 7 to exercise and perform all or any of the powers and functions of the Competent Authority under this Act; (d) "Government" means the Government of the State of Punjab; (e) “Master Plan" means master plan prepared and notified under the Punjab Regional and Town Planning and Development Act, 1995; (f) "Public Land" means land owned by the Central or the State Government, Boards or Corporations constituted under any Central or State law or owned by the Central or-State Government > including the land owned by Gram Panchayat or Municipality; (g) “punitive action" means action taken by the local authority or the competent authority under the relevant law against unauthorized development and shall include demolition, displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise; (h) “Residents Welfare Association (RWA)” means a society of the plot holders of an unauthorized colony or a cooperative society registered under the Societies Registration Act, 1860; (i) “section” means a section of this Act; and | 48 PUNJAB GOVT. GAZ. (EXTRA), APRIL 19, 2018 (CHTR 29, 1940 SAKA) () “unauthorized colony" means a colony and includes a building or apartments constructed in such colony, which has been d eveloped by promoter in contravention of the Provisions of th e€ Punjab A 19 p 9 a 5 r ) t , ment and Property Regulation Act, 1995 (Punjab Act 14 of “ “ i d n e t v er e n l ( a 2 o l ) p m d e e n T v t h e e l c o h p a d m r e g e f e n i s n t ’ i t , i w o o ‘ n r d s k e s v ’ e . o l f o p ‘ t m l h o e e c n al t ex a w u p o t r r h e k o s s r s ’ i , t i y o ’ n , ‘ s e xt ‘ e p ‘ r e a n r p a s ! a o r n’ t d , m e e v n ‘ e t p l ’ r o , o p m m o e t ‘ n a e t u r t ’ h w o o r o r r i k t s y a * ’ n , y other word used in this Act, but not defined shall have the respective meanings as assigned to them in the Punjab Regional and Town Planning and Development Act, 1995 and the Punjab Apartment and Property Regulations Act, 1995. Disposal of 3. All pending applications received by the local authority or the competent pending applications. authority under the Punjab Laws (Special Provisions) Act, 2013, the Punjab Laws (Special Provisions) Act, 2014 and the Punjab Laws (Special Provisions) Act, 2016, shall also be dealt with under this Act. Regularization of 4. Notwithstanding anything contained in any other State law for the time unauthorized development. being in force and subject to payment of fee, development charges and fulfillment of terms and conditions, as may be determined in the policy to be framed by the Government under this Act, the development shall be deemed to be regularized under the provisions of the respective Act including where any action has been initiated for such violations. ?rovisions of this 5. During the period of operation of this Act, no relief of regularization Act not to apply n certain cases. shall be available under the provisions of section 3 in respect of the following categories of unauthorized development, namely:- (a) any unauthorized construction or development raised or continued on or after the 19th day of March, 2018: (b) encroachment on public land; (c) unauthorized development raised on area, which is notified under the Land Acquisition Act, 1894, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. 2013, the Forest (Conservation) Act, 1980, the Punjab Land Preservation Act, 1900, the Environment (Protection) Act, 1986 and the Works of Defence Act, 1903 or an area covered under anv other Central or State Act: (d) Unauthorized development raised on land falling in restricted areas along Scheduled Roads and National Highways or any other restricted area declared under any other Central or State law; PUNJAB GOVT. GAZ. (EXTRA), APRIL 19, 2018 49 (CHTR 29, 1940 SAKA) (e) any other type of land or building as may be decided by the Government; and (f) Unauthorized Marriage Palaces and the unauthorized stand alone buildings for which the Government has notified separate policies. 6. | Noperson shall be entitled to claim any benefit or relief of regularization Entitlement of under this Act unless all the terms and conditions have been fulfilled and the claim. requisite fee and charges as specified by the Government have been deposited. 7. The Chief Administrator of the concerned Special Development Authority Competent in case of area falling outside municipal limits, the Commissioner, Municipal Authority. Corporation, in case of area falling within Municipal Corporation limits and the Regional Deputy Director, Local Government for the area falling within municipal limits of Municipal Council or Nagar Council or any other person or authority notified by the Government, shall be the competent authority to exercise and perform all or any of the powers and functions under this Act. 8. (1) Any person intending to get unauthorized colony or building or Powers and functions of the apartment regularized under this Act, shall apply in writing or online to the competent competent authority for regularization in such form containing such particulars authority. and accompanied by such documents and plans, as may be specified in the policy and by the competent authority. (2) On receiving application duly made under sub-section (1) and on payment of charges and fee specified in the policy relating to change of land use, regularization or development charges, license fee or permission fee, social infrastructure fund, compounding fee etc., the competent authority may pass an order,- (i) granting regularization unconditionally; or (ii) granting regularization subject to such conditions as it may think necessary to Impose, or (iii) refusing regularization; and (iv) where regularization is granted subject to the conditions or is refused, such conditions or refusal shall be communicated to the applicant in writing. 9. The Government may, by notification in the Official Gazette frame and Power to make notify a policy for carrying out the purposes of this Act. policy. 10. The Government may, by notification in the Official Gazette, appoint an Appellate officer or an authority as an appellate authority, to decide appeals against the authority. orders of the competent authority: _ 50 PUNJAB GOVT. GAZ. (EXTRA). APRIL 19, 2018 (CHTR 29, 1940 SAKA) ee, Provided that the Government may appoint more than one officer or authority as appellate authority and distribute the work amongst them in the manner as it may deem fit. 11. (1) Any person aggrieved by any order of the competent authority under Appeal against the orders of the this Act, may within a period of thi rty days from the communication of the a c u o t m h p o e ri t t e y n . t order to him, . prefer . a n appeal to an appellate authorititv y i in such form and manner, as may be notified. | (2) The appellate authority may, after giving an opportunity to be heard to the parties and to the competent authority, pass such order, as it may deem modifying or setting aside the order of the competent fit, either confirming, authority, and record its reasons in writing and the order of the appellate authority shall be final. (3) Indischarging its functions while deciding an appeal, the appellate authority shall have all the powers under the Code of Civil Procedure, 1908 of a civil court. Power of 12. The Government may, from time to time, issue such directions to the Government t0 Competent authority as it may deem fit, for giving effect to the provisions of give directions. this Act and it shall be the duty of the competent authority to comply with such directions. Offences and 13. Any person or promoter or his agent who will develop un-authorized colony penallirs. or building on or after the date as specified in section 5 (a) shall, on conviction, be punished with imprisonment for a minimum term of three years which may extend to seven years and with minimum fine of rupees two lac, which may extend to rupees five lac. Power of the 14. Onor after the date as specified in section 5(a), if the competent authority compeptereennt has a reason to beli: eve that any un-authoriz: ed colony or un-authorized buildi.n g authority. has been constructed, then it shall have the power to order to stop the construction or development of such un-authorized building or colony or to demolish or remove the same after giving a notice of thirty days and affording a reasonable opportunity of being heard to the person concerned. Protection of 15. Nosuit, prosecution or other legal proceedings shall lie against any person g a o ct o i d o n fa t it a h k . e n in for anythin . g whic w h a e is done i . n good fai . t h or i . ntended to be done in pursuance of this Act or any policy made thereunder. PUNJAB GOVT. GAZ. (EXTRA), APRIL 19, 2018 51 (CHTR 29, 1940 SAKA) 16. No civil court shall have jurisdiction to entertain any suit or proceedings Baron in respect of any matter, the cognizance of which can be taken and disposed of J¥" isdiction of by any authorit: y empowered by this. Act or the poli>c y made thereu«n der. courts. VIVEK PURI, Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 1488/04-2018/Pb. Govt. Press, S.A.S. Nagar