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State of Haryana - Act

The Punjab New Capital (Periphery) Control Act, 1952

HARYANA
India

The Punjab New Capital (Periphery) Control Act, 1952

Act 1 of 1953

Published on 12 January 1953
Commenced on 12 January 1953
[This is the version of this document from 12 January 1953.]
[Note: The original publication document is not available and this content could not be verified.]

The Punjab New Capital (Periphery) Control Act, 1952Punjab Act No. 1 of 1953Statement of Objects and Reasons - The Punjab Government are constructing a New Capital named 'Chandigarh'. The Master Plan providing for the future extension of the Capital will extend over a much greater area than the area acquired so far the construction of the first phase of the Capital. To ensure healthy and planned development of the new city it is necessary to prevent growth of slums and ramshackle construction on the land lying on the periphery of the new city. To achieve this object it is necessary to have legal authority to regulate the use of the said land for purposes other than the purposes for which it is used at present.Punjab Government Gazette 24th October, 1952, at page 1192.Statement of Objects and Reasons - Haryana Act 22 of 2003. - The abadi-deh as defined in the revenue record are very old and presently with increase in the population and households in the rural settlements these village abadi-deh are expanding beyond this defined limits. The State Government has declared controlled area under Section 3 of the Punjab New Capital (Periphery) Control Act, 1952, and this controlled area include large number of rural settlements. Any building constructed outside this abadi-deh area within the controlled area becomes illegal and an authorised building and is liable for action under the provisions of the Act. This leads to harassment of the people who genuinely intend to construct the building for residential purposes for their own use. Under Section 15 of The Punjab New Capital (Periphery) Control Act, 1952, only the buildings erected or re-erected for bona fide personal residential purposes and with a maximum height of eleven meters or buildings sub-servient to agriculture in the abadi-deh area of a village are exempted from the provisions of the said Act.The proposed legislation will allow the State Government to identify areas through the District Administration/field offices, which are adjacent to the abadi deh and are restricted to 60% of the existing abadi deh area which may be required for genuine village expansion and accordingly can be exempted from the provisions of the Act through notification.Statement of objects and Reasons - Haryana Act 15 of 2001. - The Punjab New Capital (Periphery) Control Act was enacted in the year 1952. The Act was adopted by the State of Haryana and certain amendments were incorporated in the year 1971 vide Haryana Government Gazette (Extra.) Notification dated 17.11.1971. To meet with the socio-economic aspirations of the people and keeping in view the developments during these years, there is a need to amend certain more provisions of the Act.Up to April 1967 Deputy Commissioner, Ambala used to perform all functions and exercise powers under the Act. Since the Department of Town and Country Planning is the nodal Department for Urban Planning in the state, therefore, the Government vide notification dated 10th April, 1967 notified the Director, Town and Country Planning, Haryana to exercise the powers and perform all the functions of the Deputy Commissioner exercisable under the said Act. But the definition given in Section 2(3) of the Act was not suitably amended.It has been experienced by the Department that some unscrupulous elements taking benefit of the definition, submit their applications for seeking permission for erection or re-erection of buildings as required under Section 6 of the Act ibid in the office of the Deputy Commissioner of the District, whereas such applications are required to be submitted in the office of Director, Town and Country Planning, Haryana. The application submitted in the Deputy Commissioner's office remain unattended for more than prescribed period of three months. Such applicants try to take the benefit of deemed permission by filing the cases in the Courts.With a view to avoid such situation, it is proposed that Section 2(3) of the Act be amended by substituting the 'Director, Town and Country Planning, Haryana' in place of the 'Deputy Commissioner of the District'. It is also proposed to substitute the words 'Director, Town and Country Planning, Haryana' in place of words 'Deputy Commissioner of the District' wherever occurring in the Act.Hence this Bill.Published vide Haryana Government Gazette, (Extra.) June 10, 2001, Page No. 950.Statement of Objects and Reasons - Haryana Act 3 of 2000 - The Punjab New Capital (Periphery) Control Act was enacted in the year 1952. The Act was adopted by the State of Haryana and certain amendments were incorporated in the year 1971. To meet with the socio-economic aspirations of people and keeping in view, the developments during these years, there is need to amend certain provisions of the Act which would go a long way in curbing unauthorised constructions in the periphery area.2. The persons aggrieved by the decision of the Deputy Commissioner-cum-Director, Town & Country Planning, Haryana may prefer an appeal to the Commissioner of the Ambala Division. However, it has been experienced that in the absence of expert advice, the Commissioner of the Division is not able to fully appreciate the provisions of the Act and the Rules. Moreover, the aggrieved persons have to go to Ambala for filing appeals. Hence there is a case to make the Commissioner and Secretary to Government, Haryana, Town and Country Planning Department, the appellate authority instead of Divisional Commissioner by amending Section 2(4) of the Act.3. At present, there is no provision in the Act to allow the Deputy Commissioner or his representative to enter into the land or building for the purposes of knowing the nature and extent of un-authorised construction. Hence, it is proposed to add Section 6-A giving such power to the Deputy Commissioner to avoid legal complications.4. Under Sections 6 and 11 of the Act, the Deputy Commissioner/State Government grants permission for change of land use to individuals and companies. The value of the land where change of land use is granted or land development activities are taken up increases manifold because of the intensive use of the converted use. Since there is no enabling provision in the Act to levy conversion charges, for converting the land use within the controlled area, a suitable provision to levy conversion charges in the first part of Section 11(1) is required.5. As per existing provisions of Section 11(2) of the Act, the licence for brick-kiln etc. in the controlled area is renewed from year to year basis. To mitigate the hardship being faced by the brick-kiln owners in getting the licence renewed on yearly basis, the period for renewal of the licence is proposed to be increased from one year to three years by amending the above section of the Act.6. In order to strictly enforce the provisions of the Act, the infringement/violations of this Act is proposed to be made a cognizable offence in accordance with which the offender would be punishable with imprisonment for a term which may extend to three years besides being fined. In addition to it, to deal with effectively the problems of unauthorised constructions and other violations of the Act, specific powers are proposed to be given to the State Police to initiate action against the offender for providing effective assistance to the Deputy Commissioner and other concerned Officers. Deputy Commissioner or any other officer authorised by him would be competent to grant sanction for prosecution.7. To avoid unnecessary litigations, it is proposed to debar the jurisdiction of the Civil Courts from entertaining any suit under the Act.8. Construction of the buildings for residential purposes in the abadi area of village are exempted from the provisions of the Act. However, in the garb of this exemption, some unscrupulous persons/colonisers are constructing high-rise buildings which are being used for residential colony/commercial purposes. It is proposed to make a provision to allow only such buildings meant for bona fide personal residence with a maximum height of 11 mtrs. by amending Section 15(a) of the Act.9. Section 3(2) of the Act which provided for publication of the Development Plan was omitted vide Haryana Amendment Act No. 38 of 1971. However the word "Sub-Section (2) of Section 3" appearing in Sections 6, 11 and 15 was not omitted. To avoid legal complications, the word "Sub-section (2) of Section 3" is substituted by the word "Sub-section (1) of Section 3".Hence this Bill.Published in Haryana Government Gazette (Extra), dated July 22, 1998 page 1214.Statement of Objects and Reasons - Haryana Act 22 of 1999 - The Punjab New Capital (Periphery) Control Act was enacted in the year 1952. The Act was adopted by the State of Haryana and certain amendments were incorporated in the year 1971, - vide Haryana Government Gazette (Extra) Notification dated 17th November, 1971. To meet with the socio-economic aspirations of people and keeping in view the developments during these years, there is a need to amend certain more provisions of the Act. Proposed amendments in the Act will help in curbing unauthorised constructions in the periphery area.2. In Section 2 of the Principal Act the definition of Local Authority has not been given for which it is proposed to provide sub-section 4-A to Section 2 wherein the definition of "Local Authority" means the Municipal Committee, Municipal Council or Municipal Corporation.3. At present there is a provision of filing an appeal to the Commissioner under Section 7(1) against the orders passed by Deputy Commissioner under sub-section (2) of Section 6 of the Act, whereas there is no provision of filing an appeal against the orders passed by the Deputy Commissioner under sub-section (2) of Section 12 of the Act for which it is proposed to include the provision of sub-section (2) of Section 12 after sub-section (2) of Section 6 of the Act, for filing appeal under Section 7(i) of the Act before the Commissioner and Secretary to Government, Haryana, Town and Country Planning Department.4. As per the procedure being followed at present, a show cause notice of 15 days under Section 12(2) is sent through registered post. The past experience has shown that the service of notice does not take place for a long period as a result of which the offender continues with the unauthorised construction and invariably completes it. It has been felt by the department that the time period described in the notice, i.e. 15 days and 30 days, issued under Section 12(2) of the Act is very much on the higher side.Hence, keeping in view the above background, it is proposed that if a person avoids service or is not available for service of notice, or refuses to accept service, then notice shall be deemed to be served if it is affixed on the outer door or some other conspicuous part of site, to curb the unauthorised construction right at the initial stage. It is also proposed to dispense with these notices and make provision for a show cause notice of 7 days before taking action against the offenders/violators of the Law. Thereafter, if the competent authority is satisfied that the construction has been raised in an unauthorised manner, the competent authority can straightaway pass an order requiring the offender to remove unauthorised construction within 7 days. If the offender still continues with the construction, the unauthorised construction can be demolished even before the expiry of 7 days.If the order made under sub-section (2) of Section 12 is not carried out within the specified period, the Deputy Commissioner may himself at the expiry of the period of this order take such measures as may appear necessary to give effect to the order under such sub-section (3) of Section 12 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.5. In section 15 of the Act, which deals with the exemption cases from the purview of this additional sub-section 15(e) is inserted in order to exempt the areas falling within the limits of a local authority from the purview of the Punjab New Capital (Periphery) Control Act, 1952.Hence this Bill.Haryana Government Gazette (Extra), dated November 15, 1999 page 2600.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.An Act to control and regulate the Periphery of the New Capital of the State of Punjab [as that capital and State existed immediately before the 1st November, 1966.] [Added by Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968.]It is hereby enacted as follows :-

1. Short title, extent and commencement.

(1)This Act may be called the Punjab New Capital (Periphery) Control Act, 1952.

(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.] [Substituted by Haryana Adaptation of Laws Order, 1968.]

(3)It shall come into force at once.

2. Definitions.

- In this Act, unless the context otherwise requires -

(1)"agriculture" includes [horticulture, dairy farming, poultry farming] [Substituted by Haryana Act 38 of 1971.] and the planting and un keep 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);

(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;] [Substituted by Haryana Act No. 15 of 2001.]

(4)[ "Commissioner" means the Commissioner and Secretary to Government, Haryana Town and Country Planning Department;] [Substituted by Haryana Act No. 3 of 2000.]

(4A)[ "Local Authority" means the Municipal Committee, Municipal council or Municipal Corporation;] [Substituted by Haryana Act No. 22 of 1999.]

(5)"Prescribed" means prescribed by rules made under this Act;

(6)"road" means a metalled or unmetalled road, whether a thoroughfare 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. III of 1911);] [Now read Haryana Municipal Act, 1974.]

(8)[ "location premium" means an amount over and above the prescribed fee and charges that an applicant is willing to pay to the State Government to obtain the permission against applications received under sub-section (1A) of section 6, as determined through bidding/auction process in pursuance of the policy issued by the State Government in this regard, from time to time.] [Inserted by Haryana Act No. 8 of 2019, dated 31.1.2019.]

3. Declaration of controlled area.

(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 purpose of this Act.

(2)[-] [Omitted by Haryana Act 38 of 1971.]

4. Publication of plans of controlled area.

(1)The [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] 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. Restrictions in a controlled area.

- 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 [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] in writing.

6. Applications for permission and the grant or refusal of such permission.

(1)Every person desiring to obtain the permission referred to in section 5 shall make an application in writing to the [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] in such form and containing such information in respect of the building, excavation or means of access to which the application relates as may be prescribed:[Provided that for such uses for which limited number of permissions have been prescribed, located in such land use zones of various notified development plans, where in the opinion of the State Government, the permissions are to be issued after invitation of bids or following an auction procedure in pursuance of the policy framed by the State Government in this regard from time to time, such application shall be considered to be valid only if it is filed in response to a notice of the Director and fulfils the prescribed terms and conditions.] [Added by Haryana Act No. 8 of 2019, dated 31.1.2019.]

(1A)[ All such applications, for which limited number of permissions have been prescribed, received in response to the notice issued by the Director against policy for auction of permissions that are considered to be in order by the Director shall, in addition to the prescribed requirements, also be liable for payment of location premium, as determined through the bidding/auction process, in such manner and in such time frame as conveyed by the Director. The amount received against location premium shall be utilised for provision, maintenance and augmentation of external development works as provided in the Haryana Development and Regulation of Urban Areas Act, 1975 and shall be recovered in addition to the prescribed rates of development charges received against external development works from an applicant, if applicable.] [Inserted by Haryana Act No. 8 of 2019, dated 31.1.2019.]

(2)On receipt of such application the [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] , 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 such permission.

(3)When the [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] 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 [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] shall not refuse permission to the erection or re-erection of a building, if such building is required for purposes subservient to agriculture, nor 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 [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] shall not refuse permission to the erection or re-erection of a building which was in existence on the date on which the notification under sub-section (1) of section 3 was made, nor shall be imposed 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 [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] , no order in writing has been passed by the [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.], 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:[Provided further that such time limit of three months shall not be applicable wherein limited number of permissions has been specified in notifications issued from time to time.] [Added by Haryana Act No. 8 of 2019, dated 31.1.2019.]

(7)The [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] 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.

6A. [ Entry into land or building. [Inserted by Haryana Act No. 3 of 2000.]

- The [Director] may authorise any person to enter into or upon any land or building with or without assistance of workman for the purpose of making any enquiry, inspection, measurement or survey or taking levels etc. :Provided that no entry shall be made after sunset or before sunrise and without giving twenty-four hours notice to the occupier or owner of such land or building.]

6B. [ Online receipt and approval. [Inserted by Haryana Act No. 8 of 2019, dated 31.1.2019.]

(1)All functions performed under this Act may also be performed through electronics form and internet.

(2)Without prejudice to the generality of sub-section (1), the functions may include all or any of the followings: -

(a)receipt or acknowledge of applications and payments;

(b)issue of approvals, orders or directions;

(c)scrutiny, enquiry of correspondence for grant of permissions, its extension;

(d)approval of plans, grant of occupation certificate etc.;

(e)filing of documents;

(f)issue of notices for recoveries etc.;

(g)maintenance of registers and records;

(h)any other function that the Director may deem fit in public interest.]

7. [ Appeal. [Substituted by Haryana Act No. 22 of 1999.]

- Any person aggrieved or affected by an order of the [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. Compensation.

- 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 [Director] [Substituted for the words 'Deputy Commissioner' by Haryana Act No. 15 of 2001.] under section 6 or the order of the Commissioner 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. Arbitration for compensation.

(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 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 advantage 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 [as that Capital and State existed immediately before the 1st November, 1966] [Added by Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968.].

(4)The arbitrator shall have power to reject the application, after due enquiry, or to make an award of compensation.

10. Savings.

- 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. Prohibition on use of land.

(1)No land within controlled area shall, except with the permission of the State Government, [and on payment of such conversion charges as may be prescribed by the State Government from time to time] [Words inserted by Haryana Act No. 3 of 2000.] 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, bajari or kankar, or manufacturing surkhi, or stone crushing, or for other similar extraction or ancillary operation except under and in accordance with the conditions of a licence to be obtained from the [Director] [Substituted by Haryana Act No. 15 of 2001.] 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 [after three years] [Substituted for 'annually' by Haryana Act No. 3 of 2000.] 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 [under sub-section (1) of Section 3] [Substituted by Haryana Act No. 3 of 2000.] 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. Offences and penalties.

(1)Any person who -

(a)erects or re-erects any building or makes or extends any excavation or lays out 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

(b)Uses any land in contravention of the provisions of sub-section (1) of Section 11;

shall be punishable [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] [Substituted by Haryana Act No. 3 of 2000] for every day after the date of the first conviction during which he is proved to have persisted in the contravention.

(2)[ Without prejudice to the provisions of sub-section (1), the [Director] [Substituted by Haryana Act No. 22 of 1999.] 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 fixing 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 wit 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 [Director] [Substituted by Haryana Act No. 15 of 2001.] within a period of seven days, the [Director] [Substituted by Haryana Act No. 15 of 2001.] 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 [Director] [Substituted by Haryana Act No. 15 of 2001.] 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 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 [Director] [Substituted by Haryana Act No. 15 of 2001.] is 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 [Director] [Substituted by Haryana Act No. 15 of 2001.] 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.]

(4)[-] [Omitted by Haryana Act No. 22 of 1999.]

12A. [ Composition of offences. [Inserted by Haryana Act 38 of 2000.]

(1)The [Director] or any person authorised by the [Director] [Substituted by Haryana Act No. 15 of 2001.] 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.]

12B. [ Duty of police officers. [Inserted by Haryana Act No. 3 of 2000.]

- It shall be the duty of every police officer -

(i)to communicate without delay to the [Director] or any other officer authorised 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 [Director] [Substituted by Haryana Act No. 15 of 2001.] any other officer authorised in writing by him, in this behalf, in the lawful exercise of any power vested in the [Director] [Substituted by Haryana Act No. 15 of 2001.] or any other officer authorised in writing by him, in this behalf, under this Act or any rule or regulation made thereunder.

12C. Power to arrest.

(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.

(2)The person so arrested shall, without unavoidable delay, be produced before the Magistrate authorised 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. Sanction of Prosecution.

- No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the [Director] [Substituted by Haryana Act No. 15 of 2001.] or any officer authorised by him in this behalf.]

13. Trial of offences.

- No court inferior to that of a [Judicial Magistrate] [Substituteed for 'Magistrate' by Punjab Act 25 of 1964.] of the first class shall be competent to try any offence punishable under this Act.[13A. Bar of jurisdiction. - No Civil Court shall have jurisdiction to entertain or decide any question relating to matters falling under this Act or the rules framed thereunder.] [Inserted by Haryana Act No. 3 of 2000.]

14. Indemnity.

- 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. Exemption.

- Nothing in this Act shall apply to -

(a)[ any building erected or re-erected for bona fide 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 per cent of the existing village abadi area : [Substituted by Haryana Act No. 22 of 2003.]

Provided that no such building shall be used for commercial purposes.]

(b)the erection or re-erection of a place of worship or a tomb or cenotaph or of a wall enclosing a grave-yard, place of worship, cenotaph or samadhi on land which is, at the time of the notification under sub-section (1) of section 3, occupied by or for the purposes of such place of worship, tomb, samadhi, cenotaph or graveyard;

(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.

16. Power to make rules.

(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.

Schedule

Serial No.	Name of Village	Hadbast No.
1	2	3
	Tehsil Kalka, District Ambala
1.	Karan Pur	88
2.	Kholalbela	89
3.	Ram Nagar	90
4.	Nanakpur	91
5.	Ram Pur Jangi	92
6.	Kona	93
7.	Lehrondi	94
8.	Marranwala	95
9.	Sitomajra	96
10.	Gorakhnat	97
11.	Nowanagar	99
12.	Shahpur	98
13.	Kohla Mola	101
14.	Khokhra	100
15.	Khol Fateh Singh	102
16.	Prem Pura	103
17.	Ram Puri Suri	106
18.	Taikuana	107
19.	Rajipur	109
20.	Suraj Pur	109
21.	Mahabat Pur	110
22.	Milk	111
23.	Baghlana	112
24.	Pinjore	113
25.	Dewal	114
26.	Abdul Pur	115
27.	Ratt Pur	116
28.	Ferozepur	117
29.	Manak Puri Devi Lal	118
30.	Manak Puri Nanak Chand	119
31.	Manak Pur Thakur Dass	120
32.	Lohgarh	121
33.	Dhamala	122
34.	Majri Jaatan	123
35.	Khera	124
36.	Bisawal	125
37.	Gariran	126
38.	Kirat Pur	127
39.	Charnain	128
40.	Johluwal	129
41.	Khehawali	130
42.	Banoe Khudabaksh	131
43.	Banoe Shahwalia	132
44.	Nagal Ruttal	133
45.	Thane Keser	134
46.	Bar	135
47.	Paragain	136
48.	Kandiale	137
49.	Nagal Bhaga	138
50.	Paploha	139
51.	Majra Mehtab	140
52.	Tagra Kagan	141
53.	Tagra Sahu	142
54.	Tagra Hassua	143
55.	Tagra Hari Singh	144
56.	Tagra Kali Ram	145
57.	Kanguwalla	146
58.	Auriana	147
59.	Khera Sita Ram	148
60.	Bheron Keser	149
61.	Tagra Hakimpur	150
62.	Basdev Pura	151
63.	Dharam Pur	152
64.	Bitna	153
65.	Damdma	154
66.	Bhawana	155
67.	Jaithal	156
68.	Tipra	157
69.	Nlota	158
70.	Toran	159
71.	Dhatogran	160
72.	Kajiana	161
73.	Janauli	162
74.	Nala Dakrog	163
75.	Nala Damehara	164
76.	Nala Balog	165
77.	Jabrot	166
78.	Kohi	167
79.	Begharni	168
80.	Dhakrog	169
81.	Ghawai	170
82.	Dhamshoo	171
83.	Tibbi	172
84.	Birghutti	173
85.	Malla	174
86.	Nand Pur	175
87.	Kidar Pur	176
88.	Mal Pur	177
89.	Sandas Pur	178
90.	Jhalla	179
91.	Bansghati	180
92.	Fatehpur Alias Dewanwala	181
93.	Hari Pur (Hari Singh)	182
94.	Kharkuwa	183
95.	Dehra Guru	184
96.	Chikkan	185
97.	Jodh Pur	186
98.	Hari Pur Chapehar	187
99.	Ganesh Pur Bhorian	188
100.	Pattan	189
101.	Bhog Pur	190
102.	Nagal Sodhian	191
103.	Islam Nagar	192
104.	Bhagwan Pur	193
105.	Mira Pur Bakhshi Wala	194
106.	Rai Pur	195
107.	Kotian	196
108.	Gumthala	197
109.	Ghonki	198
110.	Nada	199
111.	Kundi	366
112.	Birferozeri	364
113.	Birbabupur	365
114.	Fatehpur	367
115.	Mahesh Pur	368
116.	Raili	369
117.	Abhepur	373
118.	Bhudhan Pur	372
119.	Suketri	376
120.	Bhainsa Tiba	377
121.	Balas Pur	378
122.	Judian	379
123.	Kurari	394
124.	Dhillan	380
125.	Dhamsoo	381
126.	Madal Pur	382
127.	Hari Pur	383
128.	Devi Nagar	384
129.	Majri	385
130.	Ferozepur Kallan	386
131.	Ferozepur Khurd	387
132.	Kharak Mangoli	388
133.	Suraj Pur	389
134.	Dara Kharoni	390
135.	Chandi Mandir	391
136.	Bir Ghaggar	392
137.	Kalka	393
	Tehsil Naraingarh, District Ambala
138.	Dabkori	224
139.	Bunga	225
140.	Asrai Wali	226
141.	Nadlan	227
142.	Kui Wali	228
143.	Nagal Mogi Nand	229
144.	Manori Wala	230
145.	Bana Madan Pur	231
146.	Ram Garh	232
147.	Mankan	233
148.	Bahani	234
149.	Lana	235
150.	Shimli Pur	236
151.	Behla	237
152.	Kot	238
153.	Jaswant Garh	239
154.	Bhoj Mataur	317

NotificationsSelected Notifications under Punjab New Capital (Periphery) Control Act, 1952No. DTC-P-STP(E)/M-160/1958. - In exercise of the powers conferred by clause (3) of Section 2 of the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act No. 1 of 1953), and all other powers enabling him in this behalf, the Governor of Haryana hereby appoints all Sub Divisional Magistrates of Panchkula District to perform all the functions of the Director exercisable under Sections 6-A and 12 of the said Act in respect of the Controlled Areas under their jurisdiction. [Published vide Haryana Government Gazette (Extra) dated 30.5.2002, page 1132]No. DTCP/STP(E)/M-160/3694. - In exercise of the powers conferred by clause (3) of Section 2 of the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act No. 1 of 1953), and all other powers enabling him in this behalf, and in suppression of Haryana Government, Town and Country Planning Department, notification No. 10/3/1999-2 TCP, dated the 29th September, 1999, the Governor of Haryana hereby appoints District Town Planner (Enforcement), Panchkula, to perform the functions of the Director, Town and Country Planning Department, Haryana, exercisable under Section 12 of the said Act in respect of the area to which the said Act extends. [Published vide Haryana Government Gazette (Extra) dated 20.11.2002].No. 2415-IVDP-72/1329 dated 4.4.1972. - In exercise of the powers conferred by Section 3 of the Punjab New Capital (Periphery) Control Act, 1952, the Government of Haryana hereby declares the revenue estates of the Villages specified in the Schedule below, to be controlled areas for the purposes of the said Act.

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