State of Haryana - Act
The Punjab Scheduled Roads and Controlled, Areas Restriction of Unregulated Development Act, 1963
HARYANA
India
India
The Punjab Scheduled Roads and Controlled, Areas Restriction of Unregulated Development Act, 1963
Act 41 of 1963
- Published on 22 November 1963
- Commenced on 22 November 1963
- [This is the version of this document from 22 November 1963.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and extent.
2. Definitions.
- In this Act, unless the context otherwise requires, -3. Prohibition to erect or re-erect buildings along scheduled roads.
- [No person shall erect or reerect any building or make or extend any excavation or lay out any means of access to a road within one hundred meters of either side of the road reservation of a bye-pass or expressway or within thirty meters on either side of the road reservation of any scheduled road not being bye-pass or expressway:] [Para substitued vide Haryana Act No. 7 of 2004.]Provided that nothing in this section shall apply to -(a)the repair to a building which was in existence immediately before the commencement of this Act or any erection or re-erection of such a building which does not involve any structural alteration or addition therein; or(b)the erection or re-erection of a building, which was in existence immediately before the commencement of this Act and which involves any structural alteration or addition with the permission of the Director; or(c)the laying out of any means of access to a road with the permission of the Director; [or] [Substituted vide Haryana Act No. 16 of 1996.](d)the erection or re-erection of a moter-fuel-filling station or a busqueue-shelter with the permission of the Director [or](e)[ "the public utility buildings" and "community assets" which were in existence immediately before the commencement of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Second Amendment & Validation) Act, 1996. [Added vide Haryana Act No. 16 of 1996.]Explanation - (1) "Public utility building" means buildings belonging to Government, Government Controlled Organisations, Local Bodies, Voluntary Organisations and individuals which are being used for the benefit of public at large without profit motive; and4. Declaration of controlled area.
5. Publication of plans etc. in controlled area.
6. Erection or re-erection of buildings etc. in controlled areas.
- Except as provided hereinafter, no person shall erect or re-erect any building or make or extend any excavation or lay out any means or access to a road on a controlled area save in accordance with the plans and the restrictions and conditions referred to in Section 5 and with the previous permission of the Director :Provided that no such permission shall be necessary for erection or re-erection of any building if such building is used or is to be used for agricultural purposes or purposes subservient to agriculture.7. Prohibition on use of land in controlled areas.
8. Application for permission etc. and the grant or refusal thereof.
8A. [ Online receipt and approval. [Inserted by Haryana Act No. 19 of 2018, dated 4.5.2018.]
9. Power of entry on land or building for survey, etc.
- The Director may authorise any person to enter into or upon any land or building with or without assistants or workman for the purpose of making any enquiry, inspection, measurement or survey or taking levels :Provided that no entry shall be made except between the hours of sunrise and sunset and without giving twenty-four hours notice to the occupier or owner of such land or building.10. Appeals.
- Any person aggrieved or affected by an order of the Directors under sub-section (2) of Section 8 granting permission or licence subject to conditions or refusing permission or licence may, within 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] [Substituted vide Haryana Act No. 16 of 1996.] on such appeal shall be final.[10A. Revision. - The Government may call for the record of any case pending before, or disposed of by any subordinate authority for the purpose of satisfying itself as to the legality or propriety of any proceedings or of any order made therein and may pass such order in relation thereto as it may think fit.] [Inserted vide Haryana Act No. 8 of 2001.][10B. Review. - The Director may, either of his own motion or on an application of any party interested, review, and on so reviewing modify, reverse on confirm any order passed by himself or by any of his predecessors in office :Provided that -11. Control by Government.
- The Director shall carry out such directions as may be issued to him from time to time by the Government for the efficient administration of this Act.12. Offences and penalties.
12B. 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 against this Act or any rule made thereunder, if the name and address of such person be unknown to him and if such person, 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.
13. Offences of companies.
14. Composition of offence.
15. Trial of offence and special provision regarding fine.
16. Sanction of prosecution.
- No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Director or any officer authorised in writing by the Director in this behalf.17. Officers to be public servants.
- The Director and every other officer or employee acting under this Act or the rules made thereunder shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.18. Power to amend the schedule.
- The Government may by notification add to the Schedule to this Act any other road not specified therein or omit therefrom any road specified therein, and on the issue of such a notification the Schedule shall be deemed to be amended accordingly.19. Delegation.
20. Indemnity.
21. Bar of jurisdiction of civil courts.
- No civil court shall have any jurisdiction to entertain or decide any question relating to matters falling under this Act or the rules made thereunder.22. Exemption.
- Nothing in this Act shall apply to -23. Effect of other laws.
24. Savings.
- Nothing in this Act shall affect the power of the Government or any other authority to acquire land or to impose restriction upon the use and development of land law for the time being in force, or to permit comprised in the controlled area under any other the settlement of a claim arising out of the exercise of powers under this Act by mutual agreement.25. Power to make rules.
1. In case of (Industrial Building with an area of 450 square meters and above, the building plans will not be submitted to the Director, Town and Country Planning or any other officer enjoying the delegated powers of the Director as the approval of the building plans will be in the form of self- certification by the registered Architect under the Architect Act, 1972, in the ambit of its applicability under the Punjab Schedule Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965.
2. Sanction order in the form BR-III will not be necessary in case of industrial plot where the building plans would be deemed to be sanctioned on the basis of a certificate from the registered Architect under the Architect Act, 1972; regarding the building plan being in conformity with the applicable rules.
3. In case of Industrial building, the validity of plans will be for the period of five years if building has been put to use after partially completion in accordance with Rule 47 of the Punjab Schedule Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965, with the stipulated period of two years.
4. In case of industrial building in the industrial areas developed by State Agencies, occupation certificate will be self-certified by the allottee with the recommendation of the Architect registered under the Architect Act, 1972, of Construction supervisor/Civil/Structural Engineer. A variation if not sanctionable shall have to be compulsorily rectified to conform to norm otherwise self-certified Damp Proof Course and occupation certificate shall be void ab initio and resultantly the entire building shall be a compoundable offence at double the rates fixed by the Competent Authority. Fixing of machinery and other attachments necessary for the industrial unit shall not be considered as the building occupied. One set of such certificate completion plan along with certificate regarding structural safety, fire safety and that of supervising Civil Engineer, Architect shall be submitted to the Director of record.
5. For every breach, if compoundable, the penalty will be double the rates fixed by Competent Authority, as the case may be, for such offences.
6. The State agency should suitably modify policy, if required with reference to Haryana Industrial Policy-2005 accordingly.
No. 14/36/2002-6CI. - The Governor of Haryana is pleased to notify the following conversion charges, leviable in the cases of grant of permissions for change of land use and licenses for setting up of colonies in the controlled areas declared under the Punjab Scheduled Roads and Controlled Areas Restrictions of Unregulated Development Act, 1963 and the Haryana Municipal Act, 1973 in the limits of the Municipalities of the State :-Conversion charges for Municipal Areas| Classification of Areas | Conversion Charges in Rs. per Sq. Meters For | ||||
| Residential | Commercial | Institutional & Recreational | Industrial purpose Government Development Agencies andPrivate Developer | Individual Developer (CLU Cases) | |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Rs. | Rs. | Rs. | Rs. | Rs. | |
| 1. High Potential Zone : Gurgaon, Faridabad and Panchkula | 90 | 835 | 60 | 34 | 50 |
| 2. Medium Potential Zone : Panipat, Sonepat &Bahadurgarh | 60 | 300 | 30 | 17 | 25 |
| 3. Low Potential Zone (I) : Yamuna Nagar, Ambala City,Ambala Sadar, Thanesar, Karnal, Rohtak, Hisar, Sirsa,Bhiwani, Jagadhari, Palwal, Rewari and Kaithal | 30 | 150 | 4 | 4 | 8.5 |
| 4. Low Potential Zone : (II) (Rest of Municipalities) | 4 | 60 | 2 | 2 | 5 |