Section Document
Document
PRS
The Punjab Urban Estates (Development and Regulation) Act, 1964
Act 22 of 1964
Keyword(s): Advertisement; Amenity, Building, Chief Administrator, Erect a Building, Estate Officer, Occupier, Site, Transfer; Transferee, Urban Estate, Workshop
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1964 Pb. Act 22] URBAN ESTATES (DEVELOPMENT REGULATION)
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THE PUNJAB URBAN ESTATES (DEVELOPMENT AND REGULATION) ACT; 1964
(PUNJAB Acr 22 OF 1964) Arrangement of Sections
SECTIONS.
1. Short title and extent. 2 Definitions: 3 Power of State Government to declare areas as urban estates and in respect of transfer of land and build- ings in urban estates: 4 Power to issue directions in respect of erection of buildings 5. Bar to erection of buildings in contravention of build- ing rules. 6 Power to require proper maintenance of site building: or 7. Levy of fee or tax for amenities. 8. Power to apply certain provisions of Punjab Act 3 of 1911 to an urban estate: 9. Imposition of penalty and mode of recovery of arrears 10. Forfeiture for breach of conditions of transfer; 11. Appeal and revision 12. Preservation and planting of trees 13. Control of advertisements 14 Penalty for contravention of directions, etc 15. Penalty forcontravention of Trees Preservation Order and Advertisements Control Order: 16. Penalty for breach of rules 17. Registration and licensing of architects, engineers and plumbers. 18. Powers of entry on buildings o land 19. Procedure for prosecution: 20. Bar of jurisdiction of courts. 21. Protection of action taken in good faith: 22. Delegation: 23. Power to make rules: The Schedule.
1964 Pb. Act 22] URBAN ESTATES DEVELOPMENT REGULATION )
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ITHE PUNJAB URBAN ESTATES (DEVELOPMENT AND REGULATION) ACT, 1964. PuNJAB AcT 22 OF 1964. [Received the assent of the President of India on the Ilth June, 1964 and first published' for general_in- formation in the Punjab Government Gazette (Ex- traordinary), Legislative Supplement of the 15th June,1964.
Whether affected by Legislation
Yea r
No'_
Short title
1964
22
The Punjab Urban Amended by the Adaptation of Estates (Developnent Punjab Laws Order, 1970 and Regulation) Act , 1964.
AN ACT
to re-enact and modify the law in relation to the development and regulation of Urban Estates in`Punjab. Be it enacted by the Legislature of the State of Punjab in the Fifteenth Year of the Republic of India as follows
1.
(1) This Act may be called the Punjab Urban Short title and Estates (Development and Regulation) Act; 1964 extent_ (2) It extends to the whole of the State of Punjab:_
2. In this Act, unless the context otherwise re- Definitiong quires; =
(a) "advertisement" means any word, letter, model; sign, placard; board, notice, device, or representation in any manner whatsoever, wholly or in part, intended for the purpose 1For Statement of Objects and Reasons, see Punjab Government Garette Extraordinary) 1963, page 1155.
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URBAN ESTATES (DEVELOPMENT [1964 Pb. Act 22 REGULATION )
of advertisement, announcement or direc- tion, and includes any structure used or adapted for the display of advertisements;
(b) "amenity" includes roads, water-supply , street lighting, drainage, sewerage, public building; hort:' ulture, iandscaping and any other public utility service provided in an urban estate (c) "building" means any construction or part of a construction which is sold, leased or trans- ferred by the State Government under sec- tion 3 and which is intended to be used for residential, commercial, industrial or other purposes, whether in actual use Or not, and includes any out-house, 'stable; cattleshed and garage and also includes any building erected or any land sold leased or trans- ferred by the State Government under section 3; (d) "Chief Administrator" means an officer ap- pointed; as such by the State Government by notification to perform the functions of the Chief Administrator under this Act in rela- tion to one or more than one urban estate; (e) "erect a building" has the same meaning as is assigned to the expression "erect or re- erect any building" in the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911) (f) "Estate Officer" means a person appointed by the State Government by notification to per- form the functions of an Estate Officer under this Act in one or more than one urban estatk; (g) "occupier" means a person; including a firm Or other body of individuals, whether incor- porated or not, who occupies a site Or build- ing sold, leased or transferred in any man- ner whatsoever under this Act and includes his successors and assignees
1964 Pb. Act 22] URBAN ESTATES (DEVELOPMENT & REGULATION
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(h) 'prescribed means prescribed by rules made under this Act (i) "site" means any land which is transferred by the State Government under section 3; j) "transfer" includes a sale or lease of a site or building under section 3; (k) "transferee" means a person, including a firm or other body of individuals, whether incor- porated or not, to whom a site or building is sold leased or transferred in any manner whatsoever under this Act, and includes his successors and assignees; 2) "urban estate" means any area declared to be an urban estate under sub-section (1) of section 3 (m) "workshop'= means any building or place in which or within the compound Of which any manual labour is employed or utilised in aid of, or incidental to, any process for_ (i) the making of any article or part there- of (ii) the altering, repairing, ornamenting or finishing of any article or (iii) the adapting for sale of any article:
3. (1) The State Government may by notification Power of State declare any area comprising land belonging to or ac- Gecleremecas t8 quired by the State Government to be an urban estate urban estates for the purposes of this Act ondransfee respect of land and (2) The State Government may sell,lease or other- brbaingestat urban estates_ wise transfer; whether by auction, allotment or other- wise, any land or building belonging to the State Go- vernment in an urban estate on such terms and condi- tions aS it may, subject to any rules made under this Act, think fit to impose. (3) The consideration money for any transfer under sub-section (2) shall be paid to the State Government
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URBAN ESTATES DEVELOPMENT [1964 Pb. Act 22 & REGULATION
in such manner; in such instalments and at such rate of interest as may be prescribed:
4) The unpaid portion of the consideration money together with interest or any other amount, if any, due to the State Government on account of the transfer of any site or building under sub-section (2) shall be a first charge on that site or building, as the case may be, and notwithstanding anything contained in any other law for the time being in force, no transferee shall, except with the previous permission in writing of the Estate Officer, be entitled to sell, mortgage or otherwise trans- fer (except by way of lease from month to month) any right, title Or interest in the site or building transferred to him under sub-section (2) until the amount which is a first charge under this sub-section has been paid in full to the State Government. Ececeionsto to issue in (1) For the purpose of proper planning or respect of erec - development of an urban estate, the State Government tion of build- ings. or the Chief Administrator may issue such directions; as may be considered necessary, in respect of any site or building; either generally for the whole of the urban estate or for any particular locality thereof, regarding any one or more of the following matters, namely (a) architectural features of the elevation or frontage of any building; (b) erection of detached or semi-detached build- ings or both and the area of the land appur- tenant to such buildings; (c) the number of residential buildings which may be erected on any site in any locality (d) prohibition regarding erection of shops; workshops, warehouses, factories or build- ings of a specified architectural character or buildings designed for particular purposes in any locality '(e) maintenance 0f height and position of walls, fences, hedges or any other structural or ar- chitectural construction;
1964 Pb. Act 22] URBAN ESTATES (DEVELOPMENT 633 & REGULATION) restrictions regarding the use of sites for pur- poses other than erection of buildings (2) Every transferee shall comply with the direc- tions issued under sub-section (1) and shall, as expedi- tiously as possible, erect any building or take such other steps aS may be necessary to comply with such direc- tions:
5. (1) No person shall erect or occupy any build- Bar to erection ing in an urban estate in contravention of any building conbuaiention in rules made under sub-section (2). of building rules: (2) The State Government may by notification make rules to regulate the erection of buildings and such rules may_provide for all or any of the foilowing matters, namely
(a) the materials to be used for external and par- tition walls,, roofs, doors, staircases, lifts; fire-places, chimneys and other parts of a building and their position or location or the method of construction; (6) the height and slope of the roofs and floors of any building which is intended to be used for residential or cooking purposes; (c) the ventilation in, or the space to be left about, any building or part thereof to secure free circulation of air Or for the prevention of fire (d) the number and height of the storeys of any building (e) the means to be provided for the ingress or egress to and from any building (f) the minimum dimensions of rooms intended for use as living rooms sleeping rooms, or rooms for the use of cattle (g) the ventilation of rooms, the position and dimensions of rooms or projections beyond
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URBAN ESTATES (DEVELOPMENT [1964 Pb. Act 22 & REGULATION
the outer faces of external walls of a building and of doors or windows; (h) any other matter in furtherance of the pro; per regulation of, erection, completion and occupation of buildings (i) the certificates necessary and incidental to the submission of building plans, amended plans and completion reports Power to require 6_ If it appears to the Chief Administrator that paoce of Sitente- the condition Or use of any site or building is prejudicial- or building: ly affecting the proper planning of, or the amenities in, part of an urban estate or the interests of the any general public there; he may serve on the transferee or occupier of that site or building a notice_ requiring him to take such steps and within such period as may be specified in the notice and thereafter to maintain it in such a manner as may be specified therein: Levy of fee or 7 . (1) For the purpose of providing; maintaining tax for ameni- ties: or continuing any amenity in an urban estate; the State Government may levy such fees or taxes as it may con- sider necessary (which shall be in addition to any fee r tax for the time being leviable under any other law) in respect of any site O building on the transferee o occupier thereof (2) If the State Government considers it necessary or expedient so to do, having regard to the fact that the transferee or occupier is a religious Or charitable institution Or that he does not enjoy the amenity for which any fee O tax is levied, the State Government may, by general o special order; exempt wholly or partiy any class of such transferees O occupiers from the payment of fees Or taxes levied under sub-section '(1). Power to apply 8 (1) The Chief Administrator may, from time certain provi- to time by notification and with the previous approval sicns 3 O T9iniab 0f the State Government, apply to an urban estate_ or an urban estate any part thereof, with such adaptations and modifica- tions not affecting the substance as may be specified in
1964 Pb. Act 22] URBAN ESTATES (DEVELOPMENT & REGULATION
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the notification all or any f the provisions of the Punjab Municipal Act, 1911, specified in the Schedule to this Act in so far as such provisions are not incon- sistent with the provisions of this Act.
(2) On the issue of a notification under sub-section (1), the Chief Administrator shall, in relation to an urban estate or any part thereof; as the case may be, exercise the same powers and perform the same func- tions under the provisions applied by such notification as a Municipal Committee or its President or Executive Officer or any other functionary of the Committee would exercise and perform if the urban estate were a Municipality of the first class.
(3) While exercising the powers Or performing the functions under the provisions of the Punjab Munici- pal Act, 1911, applied to an estate by a notification under sub-section (1); the Chief Administrator shall be Sub- ject to the control of the State Government and not to that of the Commissioner or Deputy Commissioner. 4) The State Government may from time to time by notification omit any provision Of the Punjab Muni- cipal Act, 1911, from the Schedule or add thereto any other provision of that Act and thereupon the Schedule shall be deemed to have been amended accordingly.
(5) Every notification made under sub-section (1) shall be laid before each House of the State Legislature for a period of ten days as soon as possible
9. (1) Where any transferee makes any default in Imposition Of the payment of any consideration money Or instalment penalty and thereof or any other amount due account of the mode of on reco - very of arrearg: transfer of any site or building under section 3 or of any rent due in respect of any lease, or where any transferee or occupier makes any default in the pay- ment of any fee or tax levied under section 7, the Es- tate Officer may direct that in addition to the amount of arrears a sum not exceeding that amount to be deter- mined by him shall be recovered from the transferee or occupier; as the case may be; by way of penalty.
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URBAN ESTATES (DEVELOPMENT [1964 Pb. Act 22 REGULATION )
(2) In the case of any default in the payment of an amount payable under this Act, the outstanding amount in default together with any sum, if any, directed to be paid by way of penalty under sub-section (1) may be recovered from the transferee Or occupier, as the case may be, in the same manner as an arrear of land revenue.
Forfeiture on 10. In the breach for con- case of non-payment of consideration ditions of trans - money or any instalment thereof on account of the fer_ transfer of any site or building under section 3 or of any rent due in respect of the lease of any such site or building or in case of the breach of any other condi- tions of such transfer the Estate Officer may, if he thinks fit, resume the site or building so transferred and may further forfeit the whole or any part of the money, if any, paid in respect thereof:
Appeal and re- 1l. (1) Any person aggrieved by an order of the vision- Estate Officer made under section 9 or section 10 may, within thirty days of the date of the communication to him of such order; prefer an appeal to the Chief Ad- ministrator in such form and manner as may be pres- cribed
Provided that the Chief Administrator may enter- tain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time.
(2) The Chief Administrator may, after hearing the appeal, confirm, vary or reverse the order appealed from and may pass such order as he deems fit.
(3) The Chief Administrator may, either of his own motion or on an application received in this behalf; at any time call for the record of any proceeding in which the Estate Officer has passed an order for the purpose of satisfying himself a5 to the legality or propriety of such order and may pass such order in relation thereto as he thinks fit
1964 Pb. Act 22] URBAN ESTATES DEVELOPMENT REGULATION)
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Provided that the Chief Administrator shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard
(4) Where a person is aggrieved by any order of the Chief Administrator, deciding a case under sub- section (2) or sub-section (3), he may, within thirty days of the date of communication to him of such deci- sion, make an application in writing to the State Government for revision against the said decision; and the State Government may confirm; alter O rescind the decision of the Chief Administrator:
12. If it appears to the Chief Administrator that it Preservation is necessary or expedient to preserve or plant trees &rees planting ot generally or of specified kind in an urban estate, he may by notification make an order (hereinafter refer- red to as the Trees Preservation Order) with respect to trees generally or such kind of trees as may be speci- fied in that order, and such order may regulate, res- trict or prohibit (a) the cutting down, topping, lopping O wilful destruction of trees, except with the pre - vious permission of the Chief Administrator; and (6) the planting and replanting of any trees or kinds of trees in any Site or location therein as may be specified in the order:
13. If it appears to the Chief Administrator that Control of ad- it is necessary or expedient to restrict or regulate the vertisements display of advertisements in an urban estate he may by notification make an order (hereinafter referred to as the Advertisements Control Order) restricting or regulating the display of advertisements and such order may provide (a) for regulating the dimensions, appearance and position of advertisements which may be displayed, the sites on which such adver- tisements may be displayed, and the manner in which they are to be affixed to land or building;
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URBAN ESTATES DEVELOPMENT [1964 Pb. Act 22 & REGULATION
(6) for requiring the permission of the Chief Administrator to be obtained for the display of advertisements (c) for enabling the Chief Administrator to re- quire the removal of any advertisement which is being displayed in contravention o the order or the discontinuance of the use for the display of advertisements of any site which is being used for that purpose in con- travention of the order; (d) for fees to be charged for advertisements at places specified in the order: Penalty for con- 14. Any person who contravenes the provisions of travention of directions; etc: sub-section (2) of section 4 or section 6 shall, on convic- tion, be punishable with fine which may extend t0 five hundred rupees and to a further fine which may extend to twenty rupees for each day during which the offence is proved to have continued after the irst day.
Penalty for con- 15. (1) If any person contravenes any provisions travention of of the Trees Preservation Order or of the Advertise- Trees Preserva - tion Order and ments Control Order; he shall on conviction be punish- Advertislements Order able with fine which may extend to five hundred rupees Control and whoever after having been convicted of the contra- vention of any provisions of either of the said Orders continues to contravene the said provisions, shall, on a subsequent conviction; be punishable with fine as aforesaid and to a further fine which may extend to twenty rupees for each day of continued contraven- tion after the previous date of conviction:
(2) The Court while passing an order under sub- section (1) may direct that any tree or part thereof or any material used for advertisement; which is the sub- ject of the contravention; shall be forfeited to the State Government or impose a fine of an amount which shall be equivalent to the value thereof.
Penalty for 16. Except as otherwise provided for in this Acl, breach of rules any contravention f any of the rules framed there- under shall be punishable with fine which may extend
1964 Pb. Act 22] URBAN ESTATES DEVELOPMENT & REGULATION )
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to five hundred rupees, and in the case of a continuing contravention, with an additional fine, which may extend to twenty rupees, for each day during which such contravention continues after the first conviction; and the Court, while passing any sentence on conviction of any person for the contravention of any rule, may direct that any property or part thereof, in respect of which the rule has been contravened, shall be forfeited to the State Government: Illustration. Where an unauthorised structure has been constructed or any obnoxious material or subs- tance is collected or heaped on a site in any unautho- rised manner, or where an advertisement board has been set up in contravention of the Advertisements Control Order, such structure, material, substance or board shall be liable to forfeiture, and not the site or building on which the same may be located or fixed: Provided that if a building is begun, erected O re- erected in contravention of ary of the buildingerules the Chief Administrator shall be competent to require the building to be altered or demolished by a written notice delivered to the owner thereof within six months of its having begun or having been completed, as the case may be; Such notice shall also specify the period during which such alteration or demolition has to be completed and if the notice is nottomplieemotbh the Chief Administrator shall be competent to demolish the said building at the expense of the owner
Provided further, that the Chief Administrator may, instead of requiring the alteration Or demolition of any such building, accept by way f composition, such sum as he may deem reasonable:
17. No architect or engineer who does not pOS- Registration and the prescribed qualifications shall be considered as licensing of sess quali: architects, engi_ duly qualified; and no person other than a duly neers and plum- engineer or any plumber shall be bers: fied architect or competent to certify any plan or 'completion of a build: ing, or engage in any plumbing work, as the case may
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URBAN ESTATES DEVELOPMENT [1964 Pb. Act 22 REGULATION
be,unless registered and licensed by the Chief Admi- nistrator. Powers of entry on buildings Or 18 The Chief Administrator may authorise land. any person after.giving twenty-four hours notice to the occupier or if there be no occupier to the owner, of any building or land, at any time between sunrise and sunset (a) to enter on and to survey, and to take levels or measurements of any buildings or land; (6) to enter into any building or on any land for the purpose of examining works under construction or of ascertaining the course of sewers or drains; or (c) to enter into any building or on any land for the_purpose of ascertaining whether any building is being or has been erected or re- erected without sanction or in contravention of any sanction given under this Act or the rules made thereunder and to tape such measurements and do any other such acts as may be necessary for such purpose Procedure for 19. prosecution: No court shall take cognizance of any offence punishable under this Act o any rule made thereunder except on the complaint 0f, or upon information given by, the Chief Administrator or any other person autho- rised by him in this behalf.
Bon %f courisdic- 20. No order made or direction given by the State Government or any authority in exercise of anv power conferred by or under this Act shall be called in ques- tion in any court.
Protection of 21. (1) No suit, action taken in prosecution or other legal pro- good faith_ ceeding shall lie against the Chief Administrator, Estate Officer; or any other person acting under their direction in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules, directions Or orders made thereunder (2) No suit or other legal proceeding shall lie against the State Government; the Chief Administrator
1964 Pb. Act 22] URBAN ESTATES (DEVELOPMENT 641 REGULATION ) or the Estate Officer or any other person in respect of any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rules, directions or orders made thereunder. 22. (1) The State Government may by notification Delegation direct that any power exerciseable by it under this Act shallitin relation to such matters and subject to such conditions, if any, as may be specified in the notification; be exerciseable also by such officer Or authority subor; dinatetto the State Government as may be specified in the notification. (2) Save as otherwise provided in this Act, the Chief Administrator may, with the approval of the State Government; by an order in writing delegate any of his powers and functions under this Act Or the rules made thereunder to such other officer subordinate him to as may be specified in such order: 23. (1) The State Government may by notification Fower to make make rules for carrying out the purposes of this Acts rules. (2) In particular, and without prejudice to the gederolity of the foregoing Rower, such Fulesmay proe vide for all or any of the following matters; namely (a) the}terms and conditions on which any land or building may be transferred by they State Government under this Act (b) the manner in which consideration money for any transfer may be paid (c) the rate of interest payable, and the proce- dure for payment of instalments, fees; rents interest, or other dues payable under Act this (d) the terms and conditions under which the transfer Of any right; title O interest in site or building any may be permitted; (e) erection of any building or the site use of any (f) levy of fees or taxes under section 7;
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(g) the terms and conditions for the breach of which any site or building 'may be resurn- ed (h) the conditions with regard to the buildings to be erected on sites transferred under this Act (i) the form of notice and the manner in which notices may be served (j) the form and manner in which appeals and applications under this Act may be filed and the fees leviable o such appeals and appli- cations (k) the matters referred to in sub-section (2) of section 5 (2) any other matter which has to be O may be prescribed. (3) Every rule made under this section shall be laid as soon as may be after it is made before '[ *] the State Legislature while it is in session for a total period of ten days which may be comprised in one session O in two successive sessions, and if before the expiry of the session in which it is laid or the session immediately following [the Legislature] agree in making any mo- dification in the rule or [the Legislature], agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; SO however; that any such modifi- cation or annulment shall be without prejudice to the validity of anything previously done under that rule THE SCHEDULE (See Section 8) Prwvisions of the Punjab Municipal Act, 1911. Sections 93 to 95, 106, 107 , 108, 110 to 112, 121 to 124, 125 to 131,141 to' 150 151 to 153,,154 t9157 167 to 168, 173,188,197, 197-A,199, 200, 201, 202 203 , 206 , 208, 210, 211_ 212, 213, 214 to 223, 224, 225 to 227, 209 , 228 to 230, 232, 234, 236, 239 and 240. 1The words "each House of" omitted by the Adaptation of Punjab LawsSobdetutedzGor the words "both Houses" by ibid Substituted
Roop's Law Assist