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State of Punjab - Section

Section 5 in Punjab One-time Voluntary Disclosure and Settlement of Building constructed in Violations of the Building Bye-laws Act, 2019

5. One-time Settlement.

(1)
(A)Non-compoundable building violations in a residential plotted building.- The non-compoundable building violations in residential plotted buildings, disclosed voluntarily under subsection (1) of section 4, may be settled by the competent authority, on as is where is basis, after spot verification, subject to maximum height of 50'-0", as one time measure by realizing the following composition fee:-
Serial No. Urban Local Bodies   Composition Fees
1. In the case of Municipal Corporation andImprovement Trusts of Amritsar, Jalandhar and Ludhiana.   Rs. 300/- per square feet of the totalnon-compoundable area on all floors.
2. In the case of remaining Municipal Corporationsand Improvement Trusts and all the Municipal Councils or NagarPanchayats.   Rs. 200/- per square feet of the totalnon-compoundable area on all floors.
3. The aforesaid charges are for maximum 50% excessof the permissible floor area ratio. Over and above 50% excessfloor area ratio (maximum upto 75%), double the above chargesshall be applicable.
Note. - (i) Front house-line in case of scheme areas shall not be compounded.
(ii)In other cases where front house-line has been compounded, if at any time, any portion from the front setback, so compounded, is required for road widening or laying any other infrastructure by the Urban Local Bodies, no compensation for built-up shall be given to the owner.
(B)Non-compoundable building violations in a non-residential building.- The non-compoundable building violations in non-residential buildings, disclosed voluntarily under sub-section (1) of section 4, may be settled by the competent authority, on as is where is basis (except the mandatory fire safety and parking requirement as mentioned in Schedule-I of the Municipal Building Bye-laws, 2018 and public safety/security and public convenience shall not be compromised) after spot verification, as onetime measure by realizing the following composition fee, namely:-
Serial No. Urban Local Bodies   Composition Fees
1. In the case of Municipal Corporation andImprovement Trusts of Amritsar, Jalandhar and Ludhiana.   Rs. 1000/- per square feet of the totalnon-compoundable area on all floors.
2. In the case of remaining Municipal Corporationsand Improvement Trusts and all the Municipal Councils or NagarPanchayats.   Rs. 600/- per square feet of the totalnon-compoundable area on all floors.
3. The composition fees in case of Institutionalbuilding shall be 75% of the aforesaid charges and forIndustrial/Religious buildings shall be 40% of the aforesaidcharges.
4. The aforesaid charges are for maximum 50% excessof the permissible floor area ratio. Over and above 50% excessfloor area ratio (maximum upto 75%), double the above chargesshall be applicable.
Note. - In case at any time any portion from the front setback, so compounded, is required for road widening or laying any other infrastructure by the Urban Local Bodies, no compensation for builtup shall be given to the owner.
(C)If the building is constructed on site without taking any change of land use, then prior to compounding of building, change of land use charges are to be deposited as per current applicable rates, as amended from time to time.
(D)The fee collected under this Act shall be deposited by Urban Local Bodies in a separate ESCROW account and the fee collected shall be used only for creating / upgrading parking and infrastructure only.
(2)The applicant shall have to make structural changes in the building, if required, to fulfill the requirements of fire safety and parking within a period of two months from the date of submission of details in Form as specified in sub-section (2) of section 4 and shall also submit mandatory clearances from other departments, if required along with a certificate from the Structural Engineer that the building fulfills the structural safety requirements as per Bureau of Indian Standard norms.
(3)The applicant applying for compounding of-
(i)residential building having one basement or height upto 15 meters shall be required to submit structural safety certificate from Structural Engineer;
(ii)non-residential building having one basement or height upto 15 meters shall be required to submit a structural safety certificate from one of the following institutes:-
(a)Indian Institute of Technology;
(b)Dr. B. R. Ambedkar National Institute of Technology, Jalandhar;
(c)Punjab Engineering College (PEC), Chandigarh;
(d)Thapar University, Patiala;
(e)Guru Nanak Dev Engineering College, Ludhiana; and
(f)Giani Zail Singh College of Engineering and Technology, Bathinda; and
(iii)buildings having multiple basement or height more than 15 meters shall submit a structural safety certificate obtained from Indian Institute of Technology.
(4)For violation of parking requirements, the competent authority, if deem fit, may on the request of an applicant or a group of applicants, permit either individually or collectively, an alternate parking site within the vicinity not exceeding a distance of 250 meters from the site under reference exclusively earmarking such parking spaces for the building under consideration, should such a parking space be provided in the vicinity, the said parking lots shall be either owned or in enjoyment under lease for a continuous period of not less than ten years.
(5)In case the applicant does not provide parking area, the applicant shall pay parking cess equivalent to the prevailing collector rate of land required to fulfill the shortage of equivalent car space at the time of regularization of the building.
(6)The owner shall be responsible for the building under application to be in conformity with the provisions of the Master Plan and this Act.