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State of Himachal Pradesh - Act

The Himachal Pradesh Town and Country Planning Act, 1977

HIMACHAL PRADESH
India

The Himachal Pradesh Town and Country Planning Act, 1977

Act 12 of 1977

Published on 30 September 1977
Commenced on 30 September 1977
[This is the version of this document from 30 September 1977.]
[Note: The original publication document is not available and this content could not be verified.]

The Himachal Pradesh Town and Country Planning Act, 1977(Act No. 12 of 1977)Act published in the Rajpatra, Extraordinary, dated the 30th September, 1977 vide Law Department Notification No. LLR-D(6)5/77, dated the 22nd September, 1977.An Act to make provision for planning and development and use of land; to make better provision for the preparation of development plans and sectoral plans with a view to ensuring that town planning schemes are made in a proper manner and their execution is made effective; to constitute the Town and Country and Development Authority for proper implementation of town and country development plan; to provide for the development and administration of special areas through the Special Area Development Authority; to make provision for the compulsory acquisition of land required for the purpose of the development plans and for purposes connected with the matters aforesaid.Be it enacted by the Himachal Pradesh Legislative Assembly in the Twenty-eighth Year of the Republic of India as follows:-

Chapter I
Preliminary

1. Short title, extent, commencement and application.

(1)This Act may be called the Himachal Pradesh Town and Country Planning Act, 1977.

(2)It extends to the whole of the State of Himachal Pradesh.

(3)It shall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different areas and for different provisions of this Act.

(4)Nothing in this Act shall apply to-

(a)lands comprised within a cantonment under the Cantonments Act, 1924; (2 of 1924).

(b)lands owned, hired or requisitioned by the Central Government for the purpose of naval, military and air force works;

(c)lands under the control of railway administration for the purpose of construction and maintenance of works under Chapter III of the Indian Railways Act, 1890; (9 of 1890) and

(d)lands owned by any department of the Central Government where operational constructions are going on.

2. Definitions.

- In this Act, unless the context otherwise requires,-

(a)"agriculture" includes horticulture, farming, raising of annual or periodical crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil, the reserving of land for fodder, grazing or thatching areas, breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees, and the use of land ancillary to the farming of land, but does not include-

(i)keeping of cattle purely for the purpose of milking and selling the milk and milk products,

(ii)a garden which is an appendage of buildings, and the expression "agricultural" shall be construed accordingly;

(b)"amenity" includes roads and streets, water and electric supply, open spaces, parks, recreational area, natural feature, playgrounds, street lighting, drainage, sewerage and other utilities, services and conveniences;

(c)"building" includes any structure or erection, or part of a structure or erection, which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;

(d)"building operation" includes-

(i)erection or re-erection of a building or any part thereof,

(ii)roofing or re-roofing of any part of building or an open space,

(iii)any material alteration or enlargement of a building,

(iv)any such alteration of a building as is likely to alter its drainage or sanitary arrangements, or materially affect its security,

(v)the construction of a door opening on any street or land not belonging to the owner;

(e)"commercial use" means the use of any land or building or part thereof for the purpose of carrying on any trade, business or profession, or sale or exchange of goods of any type whatsoever and includes running of with a view to make profit hospitals, nursing homes, infirmaries, educational institutions, hostels, restaurants and boarding houses not being attached to any educational institutions, sarais and also includes the use of any land or building for storage of goods or as buildings for storage of goods or as an office whether attached to an industry or otherwise;

(f)"court" means the principal civil court of original jurisdiction in the district;

(g)"development" with its grammatical variations means the carrying out of a building, engineering, mining or other operations in, on, over or under land, or the making of any material change in any building or land or in the use of either, and includes sub-division of any land;

(h)"development plan" means interim development plan or development plan prepared under this Act;

(i)"director" means the Director of Town and Country Planning appointed under this Act;

(j)"existing land use map means a map indicating the use to which lands in any specified area are put at the time of preparing the map, and includes the register prepared, with the map giving details of land-use;

(k)"land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;

(l)"member" means a member of a Town and Country Development Authority or a Special Area Development Authority, as the case may be, and includes a Chairman thereof;

(m)"occupier" includes-

(i)a tenant,

(ii)an owner in occupation of or otherwise using his land,

(iii)a rent free tenant,

(iv)a licensee, and

(v)any person liable to pay to the owner, damages for the use and occupation of the land;

(n)"owner" includes a mortgagee in possession, a person who for the time being is receiving or is entitled to receive, or has received, the rent or premium for any land whether on his own account or on behalf of or for the further benefit of any other person or as an agent, trustee, guardian or receiver for any other person or for religious or charitable institutions or who would receive the rent or be entitled to receive the rent or premium if the land were to be let and includes a head of a Government department, General Manager of a Railway and the Chief Executive Officer, by whatever name designated, or a local authority, statutory authority, company, corporation or undertaking in respect of properties under their control;

(o)"planning area" means any area declared to be planning area under this Act;

(p)"region" means any area established to be a region under this Act;

(q)"regional plan" means a plan for the region prepared under this Act and approved by the State Government;

(r)"sector" means any sector of a planning area for which, under the development plan, a detailed sectoral plan is prepared;

(s)"slum area" means any predominantly residential area, where the dwellings which by reason of dilapidation, over-crowding, faulty arrangement of design, lack of ventilation, light or sanitary facilities or any combination of these factors are detrimental to safety, health or moral and which is defined by a development plan as a slum area;

(t)"special area" means a special area designated as such under section 66;

(u)"Special Area Development Authority means an authority constituted under section 67;

(v)"Town Development Scheme" means a scheme prepared for the implementation of the provisions of a development plan by the Town and Country Development Authority; and

(w)"Town and Country Development Authority" means an authority established under section 40.

Chapter II
Director of Town and Country Planning

3. Director and other officers.

(1)After the commencement of this Act the State Government shall, by notification in the Official Gazette, appoint an officer for the purpose of carrying out functions assigned to him under this Act, as the Director of Town and Country Planning for the State and may appoint such other categories of officers as it may deem fit.

(2)The Director shall exercise such powers and perform such duties as are conferred or imposed upon him by or under this Act and the officers appointed to assist the Director shall, within such area as the State Government may specify, exercise such powers and perform such duties conferred and imposed on the Director by or under this Act as the State Government may, by special or general order, direct.

(3)The officers appointed to assist the Director shall be subordinate to him and shall work under his guidance, supervision and control.

Chapter III

4. Establishment of regions.

(1)The State Government may, by notification,-

(a)declare any area in the State to be a region for the purposes of this Act;

(b)define the limits of such area; and

(c)specify the name by which such region shall be known.

(2)The State Government may, by notification, alter the name of any such region and on such alteration, any reference in any law or instrument or other document to the region shall be deemed to be a reference to the region as re-named unless expressly otherwise provided or the context so requires.

(3)The State Government may, by notification,-

(a)alter the limits of a region so as to include therein or exclude therefrom Such area as may be specified in the notification;

(b)amalgamate two or more regions so as to form one region;

(c)divide any region into two or more region; or

(d)declare that the whole or part of the area comprising a region shall cease to be a region or part thereof.

5. Director to prepare regional plan.

- Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of the Director-

(i)to carry out a survey of the regions;

(ii)to prepare an existing land use map; and

(iii)to prepare a regional plan.

6. Survey.

(1)The Director shall, with a view to prepare the existing land use map, and other maps as are necessary for the purpose of regional plan,-

(a)carry out such surveys as may be necessary;

(b)obtain from any department of Government and any local authority such maps, survey reports and land records as may be necessary for the purpose.

(2)It shall be the duty of every Government department and local authority to furnish, as soon as may be possible, maps, reports and record, as may be required by the Director.

7. Contents of regional plan.

- The regional plan shall indicate the manner in which land in the region should be used, the phasing of development, the net work of communications and transport, the proposals for conservation and development of natural resources, and in particular-

(a)allocation of land to such purposes as residential, industrial; agricultural or as forests or for mineral exploitation;

(b)reservation of open spaces for recreational purposes, gardens, tree belts, and animal sanctuaries;

(c)access or development of transport and communication facilities such as roads, railways, water ways, and the allocation and development of airports;

(d)requirements and suggestions for development of public utilities such as water supply, drainage and electricity;

(e)allocation of areas to be developed as "Special Areas wherein new towns, townships, large industrial estates or any other type of large development projects may be established;

(f)landscaping and the preservation of areas in their natural state,

(g)measures relating to the prevention of erosion, including rejuvenation of forest areas;

(h)proposals relating to irrigation, water supply or flood control works.

8. Preparation of regional plan.

(1)After preparation of the existing land use map, the Director shall cause to be prepared a draft regional plan and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed inviting objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice, such date not being earlier than sixty days from the publication of the notice. Such notice shall specify in regard to the draft plan the following particulars, namely-

(a)the existing land use map and the narrative report thereon;

(b)a narrative report supported by necessary map and charts explaining the provisions of the draft plan;

(c)a note indicating the priorities assigned to works included in the draft plan and the phasing of the programme of development as such;

(d)a notice on the role being assigned to different departments of Government, the Town and Country Development Authorities; the Special Area Development Authorities, and the Local Authorities in the enforcement and implementation of draft plan.

(2)The Director shall consider all the objections and suggestions received by him within the period specified in the notice under sub-section (1) and shall, after giving a reasonable opportunity to all persons affected thereby of being heard, prepare the regional plan containing such modifications, if any, as he considers necessary and submit it to the State Government for approval together with all connected documents, plans, maps and charts.

9. Finalisation of regional plan.

(1)The State Government may approve the draft regional plan submitted under section 8 with or without modification or reject or return the same to the Director for reconsideration.

(2)Immediately after the draft regional plan is approved under sub-section (1) the State Government shall publish in such manner, as may be prescribed, a notice stating that the regional plan has been approved and mentioning a place where a copy of the plan may be inspected at all reasonable hours and shall specify therein a date on which the regional plan shall come into operation:Provided that where the State Government approves the draft regional plan with modifications, it shall not be published, unless the State Government having published such modifications in the Official Gazette along with a notice inviting objections and suggestions thereon, within a period of not less than thirty days from the date of publication of such notice have considered the objections and suggestions after giving a reasonable opportunity of being heard to persons affected thereby.

10. Restriction on use of land or development thereof.

(1)Notwithstanding anything contained in any other law for the time being in force, on or after the date of publication of the draft regional plan, no person, authority, department of Government or any other person shall change the use of land for any purpose other than agriculture, or carry out any development in respect of any land contrary to the provisions of the draft plan, without the prior approval of the Director or any officer next to him authorised by the Director, in this behalf.

(2)Notwithstanding anything contained in any law for the time being in force, the permission referred to in sub-section (1) shall not be granted otherwise than in conformity with the provision of the draft or final plan and no permission, if granted, shall be construed to confer any legal right whatsoever on the person seeking the permission.

(3)If any work is carried out in contravention of the provisions of this section, the Municipal Corporation or Municipal Committee within its local area, and the Collector in area outside such local areas, may cause such work to be removed or demolished at the cost of the defaulter, which shall be recovered from him in the same manner as an arrear of land revenue:Provided that no action shall be taken under this sub-section unless the person concerned is given a reasonable opportunity of being heard and a notice calling upon him to remove or demolish the work within a time specified therein.

(4)Any person aggrieved by the order of the Municipal Corporation, Municipal Committee or Collector, as the case may be, calling upon to remove or demolish the work may prefer an appeal to the Director within fifteen days of the receipt of the notice under sub-section (3) and the order of the Director in such appeal shall be final.

11. Exclusion from claims of amount in certain cases.

- Where the regional plan assigns a particular land use to a certain areas and any land situate therein is already put to such use, subject to substantially similar restrictions in force under any other law which was in force on the date on which restrictions were imposed by or under this Act and if amount in respect of such restrictions have already been paid under any such other law which was in force for the time being in respect of the property or any right or interest therein to the claimant, or any predecessor in interest of the claimant, the owner shall not be entitled to any further amount on account of injury or damage caused to his rights by reasons of the restrictions placed on the use of the land under the provisions of this Act.

12. Review of regional plan.

(1)The Director may, on his own motion or if so required by the State Government, at any time after a regional plan has come into operation, undertake the review and evaluation of the regional plan and make such modification in it as may be justified by the circumstances.

(2)The foregoing provisions of this Chapter shall, so far as they can be made applicable, apply to the modifications under sub-section (1) as these provisions apply in relation to the preparation, publication and approval of a regional plan.

Chapter IV
Planning Area and Development Plans

13. Planning area.

(1)The State Government may, by notification, constitute planning areas for the purposes of this Act and define the limits thereof.

(2)The State Government may, by notification.-

(a)alter the limits of a planning area so as to include therein or excluse therefrom such area as may be specified in the notification;

(b)amalgamate two or more planning areas so as to constitute one planning area;

(c)divide any planning area into two or more planning areas;

(d)declare that the whole or part of the area constituting the planning area shall cease to be a planning area or part thereof.

14. Director to prepare development plans.

- Subject to the provisions of this Act and the rules made thereunder, the Director shall-

(a)prepare an existing land use map;

(b)prepare an interim development plan;

(c)prepare a development plan;

(d)prepare a sectoral plan;

(e)carry such surveys and inspections and obtain such pertinent reports from government departments, local authorities and public institutions as may be necessary for the preparation of the plans;

(f)perform such duties and functions as are supplemental, incidental, and consequential to any of the foregoing functions or as may be assigned by the State Government for the purpose of carrying out the provisions of this Act.

15. Existing land use maps.

- (1 )The Director shall carryout the survey and prepare an existing land use map and, forthwith publish the same in such manner as may be prescribed together with public notice of the preparation of the map and of the place or places where the copies may be inspected, inviting objections and suggestions in writing from any person with respect thereto within thirty days from the date of publication of such notice.

(2)After the expiry of the period specified in the notice published under sub-section (1), the Director may, after allowing a reasonable opportunity of being heard to all such persons who have filed the objections or suggestions, make such modifications therein as may be considered desirable.

(3)As soon as may be after the map is adopted with or without modifications the Director shall publish a public notice of the adoption of the map and the place or places where the copies of the same may be inspected.

(4)A copy of the notice shall also be published in the Official Gazette and it shall be conclusive evidence of the fact that the map has been duly prepared and adopted.

16. Freezing of land use.

- On the publication of the existing land use map under section 15-

(a)no person shall institute or change the use of any land or carry out any development of land for any purpose other than that indicated in the existing land use map without the permission in writing of the Director;

Provided that the Director shall not refuse permission if the change is for the purpose of agriculture;

(b)no local authority or any officer or other authority shall, not withstanding anything contained in any other law for the time being in force, grant permission for the change in use of land otherwise than as indicated in the existing land use map without the permission in writing of the Director;

(c)[ no Registrar or the Sub-Registrar, appointed under the Indian Registration Act, 1908, shall, in any planning area constituted under section 13, register any deed or document of transfer of any sub-division of land by way of sale, gift, exchange, lease or mortgage with possession, unless the sub-division of land is duly approved by the Director, subject to such rules as may be framed in this behalf by the State Government:] [As amended vide the Himachal Pradesh Town & Country Planning (Amendment) Act No. 14 of 1981.]

Provided that the Registrar or the Sub-Registrar may register any transfer,-

(i)where the land is owned by a person and the transfer is made without involving any further divisions;

(ii)where the partition/sub-division of land is made in a Joint Hindu Family;

(iii)where the lease is made in relation to a part or whole of a building;

(iv)where the mortgage is made for procuring the loans for construction or improvements over the land either from the Government or from any other financial institution constituted or established under any law for the time being in force or recognised by the State Government.

17. Interim development plans.

- As soon as may be, after the declaration of a planning area, the Director shall, within such time as may be necessary, prepare, after consultation with local authorities concerned, if any, and submit to the State Government an interim development plan for the planning area or any of its parts and such other area or areas contiguous or adjacent to the planning areas as the State Government may direct to be included in the interim development plan.

(2)The interim development plan shall-

(a)indicate broadly the land use proposed in the planning area;

(b)allocate broadly areas or sector of land for-

(i)residential, industrial, commercial or agricultural purposes,

(ii)open spaces, parks and gardens, green belts, zoological gardens and play-grounds,

(iii)public institutions and offices,

(iv)such special purposes as the Director may deem fit;

(c)lay down the pattern of National and State Highways connecting the planning area with the rest of the region, ring roads, arterial roads and the major roads within the planning areas;

(d)provide for the location of airports, railway stations, bus termini and indicate the proposed extension and development of railways and canals;

(e)make proposals for general land scaping and preservation of natural areas;

(f)project the requirement of the planning area of such amenities and utilities as water, drainage, electricity and suggest their fulfilment;

(g)propose broad based regulations for sectoral development, by way of guide-lines, within each sector of the location, height, size of buildings and structures, open spaces, court-yards and the use to which such buildings and structures and land may be put;

(h)lay down the board-based traffic circulation patterns in a city;

(i)suggest architectural control features, elevation and frontage of buildings and structures;

(j)indicate measures for flood control, prevention of air and water pollution, disposal of garbage and general environmental control.

(3)Subject to provisions of the rules made under this Act for regulating the form and contents of the interim development plan any such plan shall include such maps and such descriptive matter as may be necessary to explain and illustrate the proposals in the interim development plan.

(4)As soon as may be, after the submission of the interim development plan, under sub-section (1) the State Government may either approve the interim development plan or may approve it with such modification as it may consider necessary.

(5)The State Government shall publish the interim development plan as approved under sub-section (4) in the Official Gazette. The interim development plan shall come into operation from the date of its publication in the Official Gazette and shall be binding on all local authorities functioning within the planning areas.

18. Development plan.

- A development plan shall -

(a)indicate broadly the land use proposed in the planning areas;

(b)allocate broadly areas or sector of land for,-

(i)residential, industrial, commercial or agricultural purposes,

(ii)open spaces, parks and gardens, green belts, zoological gardens and play-grounds,

(iii)public institutions and offices,

(iv)such special purposes as the Director may deem fit;

(c)lay down the pattern of National and State Highways connecting the planning area with the rest of the region, ring roads, arterial roads, and the major roads within the planning area;

(d)provide for the location of airports, railway stations, bus termini and indicate the proposed extension and development of railways;

(e)make proposals for general land scaping and preservation of natural areas;

(f)project the requirement of the planning area of such amenities and utilities as water, drainage, electricity and suggest their fulfilment;

(g)propose broad-based regulations for sectoral development, by way of guide-line, within each sector of the location, height, size of buildings and structures, open spaces, court-yards and the use to which such buildings and structures and land may be put;

(h)lay down the broad-based traffic circulation patterns in a city;

(i)suggest architectural control features, elevation and frontage of buildings and structures;

(j)indicate measures for flood control, prevention of air and water pollution, disposal of garbage and general environmental control.

19. Publication of draft development plan.

(1)The Director shall forthwith publish the draft development plan prepared under section 18 in such manner as may be prescribed together with a notice of the preparation of the draft development plan and the place or places where the copies may be inspected, inviting objections and suggestions in writing from any person with respect thereto, within thirty days from the date of publication of such notice Such notice shall specify in regard to the draff development plan the following particulars, namely:-

(i)the existing land use maps;

(ii)a narrative report, supported by maps and charts, explaining the provisions of the draft development plan;

(iii)the phasing of implementation of the draft development plan as suggested by the Director,

(iv)the provisions for enforcing the draft development plan and stating the manner in which permission to development may be obtained;

(v)an approximate estimate of the cost of land acquisition for public purposes and the cost of works involved in the implementation of the plan.

(2)The Director shall, not later than ninety days after the date of expiry of the notice period under sub-section (1), consider all the objections and suggestions as may be received within the period specified in the notice under sub-section (1)and shall, after giving reasonable opportunity to all persons affected thereby of being heard, make such modifications in the draft development plans as he may consider necessary, and submit, not later than six months after the publication of the draft development plan, the plan so modified, to the State Government for approval together with all connected documents, plans, maps and charts.

20. Sanction of development plans.

(1)As soon as may be after the submission of the development plan under section 19 the State Government may either approve the development plan or may approve it with such modifications as it may consider necessary or may return it to the Director to modify the same or to prepare a fresh plan in accordance with such directions as it may issue in this behalf.

(2)Where the State Government approves the development plan with modifications, the State Government shall, by a notice, published in the Official Gazette, invite objections and suggestions in respect of such modifications within a period of not less than thirty days from the date of publication of the notice in the Official Gazette.

(3)After considering objections and suggestions and after giving a hearing to the persons desirous of being heard the State Government may confirm the modification in the development plan.

(4)The State Government shall publish the development plan as approved, under the foregoing provisions in the Official Gazette and shall along with the plan publish a public notice, in such manner as may be prescribed, of the approval of the development plan and the place or places where the copies of the approved development plan may be inspected.

(5)The development plan shall come into operation from the date of publication thereof in the Official Gazette and as from such date shall be binding on all Development Authorities constituted under this Act and all local authorities functioning within the planning area.

(6)After the coming into operation of the development plan, the interim development plan shall stand modified or altered to the extent the proposals in the development plan are at variance with the interim development plan.

Chapter V
Sectoral Plan

21. Director to prepare sectoral plan.

- The Director may, on his own motion, at any time after the publication of the development plan, or thereafter if so required by the State Government shall, within six months of such requisition, prepare a sectoral plan.

22. Contents of sectoral plan.

(1)The sectoral plan shall enlarge the details of land use as indicated in the development plan and shall -

(a)indicate the land liable to acquisition for public purpose or the purposes of the Union Government, the State Government, the Town and Country Development Authority, the Special Area Development Authority, the local authority or any other authority established by or under any enactment for the time being in force.

Provided that no land shall be so designated unless the acquisition proceedings are likely to be completed within ten years of the preparation of the plan;

(b)define in detail and provide for areas reserved for agriculture, public and semi-public open spaces, parks, playgrounds, gardens, recreational areas, green belts and natural reserves;

(c)allocate in detail areas or sectors for residential, commercial, industrial, agricultural and other purposes;

(d)define and provide for the complete road and street pattern for the present and in the future and indicate the traffic circulation;

(e)lay down in detail the projected road and street improvement;

(f)indicate and provide for areas reserved for public buildings, institutions and civic developments;

(g)assess, make projections for and provide for the future requirements of amenities, services and utilities such as municipal, transport, electricity, water and drainage;

(h)prescribe in detail the sectoral regulations for each sector, with a view to facilitating on individual layout and regulating the location, height, number of storeys and the size of buildings and other structures, the size of the court-yards, courts and other open spaces and the use of the buildings, structures and land;

(i)define areas which have been badly laid out or areas which have developed so as to form slums, and provide for their proper development and/or relocation;

(j)designate areas for future development and expansion;

(k)indicate the phasing of the programme of development.

(2)The sectoral plan may and if possible shall, indicate -

(a)control over architectural features; elevation and frontage of buildings and structures; and

(b)the details of development of specific areas for housing, shopping centres, industrial areas, educational and cultural institutions and civic centres.

23. Provisions of sections 19 and 20 to apply to sectoral plan.

- The provisions of sections 19 and 20 shall apply for the preparation, publication, approval and operation of sectoral plan as they apply in respect of the development plan.

24. Review of development plan and sectoral plan.

- The Director may on his own motion or if so required by the State Government shall, at any time after the sectoral plan has come into operation, undertake a review and evaluation of the development plan and sectoral plan.

(2)The foregoing provisions of sections 19, 20 and 23 shall, so far as may be apply to the modification under sub-section (1) as those provisions apply in relation to the preparation, publication and approval of a development plan or a sectoral plan.

Chapter VI
Control of Development And Use of Land

25. Director to control land use.

- The overall control of development and the use of land in the planning area shall, as from the date of publication in the Official Gazette of a notification by the State Government, vest in the Director.

26. Conformity with development plan.

(1)After coming into force of the development plan, the use and development of land shall conform to the provisions of the development plan:Provided that the Director may, at his discretion, permit the continued use of land for the purpose for which it was being used at the time of the coming into Operation of the development plan.Provided further that such permission shall not be granted for a period exceeding seven years from the date of coming into operation of the development plan.

27. Prohibition of development without permission.

- After coming into operation of the development plan, no person shall change the use of any land or carry out any development of land without the permission in writing of the Director.Provided that no such permission shall be necessary -

(a)for carrying out works for the maintenance, repair or alteration of any building which does not materially alter the external appearance of the building;

(b)for carrying out work for the improvement or maintenance of a highway, road or public street by the Union or State Government or an authority established under this Act or by a local authority having jurisdiction, provided that such maintenance or improvement does not change the road alignment contrary to the provisions of the development plan;

(c)for the purpose of inspecting, repairing or renewing any drain, sewers, mains, pipes, cables, telephone or other apparatus including the breaking open of any street or other land for that purpose;

(d)for the excavation or soil shaping in the interest of agriculture;

(e)for restoration of land to its normal use where land has been used temporarily for any other purposes.

(f)for use for any purpose incidental to the use of building for human habitation, or any other building or land attached to such buildings;

(g)for the construction of a road intended to give access to land solely for agricultural purposes

28. Development undertaken on behalf of Union or State Government.

(1)When the Union Government or the State Government intends to carry out development of any land for the purpose of its departments or offices or authorities, the officer-in-charge thereof shall inform in writing to the Director the intention of the Government to do so, giving full particulars thereof, accompanied by such documents and plans as may be prescribed at least thirty days before undertaking such development.

(2)Where the Director raises any objection to the proposed development on the ground that the development is not in conformity with the provisions of the development plan, the officer shall,-

(i)make necessary modification in the proposals for development to meet the objections raised by the Director, or

(ii)submit the proposal for development together with the objections raised by the Director to the State Government for decision:

Provided that where no modification is proposed by the Director within thirty days of the receipt of the proposed plan by the Government, the plan will be presumed to have been approved.

(3)The State Government, on receipt of the proposals for development together with the objections of the Director shall, approve the proposals with or without modifications or direct the officer to make such modifications in the proposals as it considers necessary in the circumstances.

(4)The decision of the State Government under sub-section (3) shall be final and binding.

29. Development by local authority or by any authority constituted under this Act.

- Where a local authority or any authority specially constituted under this Act intends to carry out development on any land for the purpose of that authority, the procedure applicable to the Union or State Government, under section 28 shall, mutatis' mutandis, apply in respect of such authority.

30. Application for permission for development by others.

(1)Any person, not being the Union Government, State Government, a local authority or a special authority constituted under this Act intending to carry out any development on any land, shall make an application in writing to the Director for permission, in such form and containing such particulars and accompanied by such documents as may be prescribed.

(2)Such application shall also be accompanied by such fee as may be prescribed.

30A. [ Exemption from development permission in rural areas falling within Planning or Special Area. [As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 2009 (Act No. 8 of 2009).]

(1)Any person who owns land in rural areas, falling within Planning or Special Areas wherein neither Interim Development Plan nor Development Plan has been notified, shall be exempted from permission under this Act for the following development activities up to the limits as may be prescribed: -

(i)Residential activities such as farm-houses and residential houses up to three storeys, cattle shed, toilet, septic tank, kitchen, store, parking shed or garage and rain shelter;

(ii)Commercial activities such as basic commercial activities like shops of general merchandise, cobbler, barber, tailoring, fruit, vegetable, tea or sweet, eating places and dhabas, chemist and farm produce sale depot;

(iii)Service Industries such as cottage or house-hold, service industries like carpentry, knitting, weaving, blacksmith, goldsmith, atta-chakki with capacity up to five horse-power, water mill, agriculture equipments or machinery repair, electrical, electronic and house-hold appliances;

(iv)Public amenities such as public amenities like panchayat offices, schools, mahila mandals, yuvak mandals, community halls, post offices, dispensaries and clinics (including health, veterinary and Indian System of Medicines) information technology kiosks, patwar khanas, guard huts, anganwaries, electricity and telephone installations and connections, roads and paths, ropeways, water tanks, rain harvesting tanks, overhead or underground water tanks, pump houses, check dams, temples, churches, mosques, graveyards, cemeteries, cremation grounds and other religious buildings, bathing ghats, cremation shelters, rest sheds, baths, drainage, toilets, latrines, urinals, sewerage installations, wells, tube wells, baulies, garbage disposal bins, depots and other installations;

(v)Agriculture and horticulture related activities including rain harvesting structures, milk chilling plant, farm level godowns, seeds and fertilizer stores, farm clinics, pre-cooling units, primary processing units, green houses and poly houses; and

(vi)Heritage related activities such as lakes, reservoirs, dams, baulies, wild life sanctuaries, cemeteries, graveyards, railway lines.

(2)Any person who owns land in areas falling outside urbanisable areas, as shown in the Interim Development Plans or Development Plans of Planning or Special Areas, shall be exempted from permission under this Act for the development activities specified under sub-section (1) upto the limits as may be prescribed.]

30B. [ Exemption in respect of development of certain lands or buildings. [Inserted by Act No. 1 of 2017, dated 24.1.2017.]

(1)Notwithstanding anything contained in the Himachal Pradesh Town and Country Planning Act, 1977 or any other law for the time being in force, the Government or any Officer or Authority, vested with the powers of Director, may, on application, by order, exempt development on any land or building or class of lands or buildings developed on or before the date of commencement of this Act from all or any of the provisions of the Himachal Pradesh Town and Country Planning Act, 1977 or any rules or regulations made thereunder upto such extent and on payment of such regularization fee as specified under sub-section (8).

(2)The application under sub-section (1) shall be made within sixty days from the date of publication of this Act in the Official Gazette in Appendix-I, which can also be downloaded from the official website "www.tcphp.in" of the Department and may be submitted alongwith fee of one thousand rupees which shall be disposed of within a period of one year from the date of publication of this Act.

(3)After passing of order under sub-section (1), permission shall be deemed to have been granted for such development of land or building.

(4)Nothing contained in sub-section (1) shall apply to any application made by any person who does not have any right over the land or building referred to in sub-section (1).

(5)Any person aggrieved by any order passed under sub-section (1) by any Officer or Authority may, prefer an appeal to the Appellate Authority within thirty days from the date of receipt of order. The condition of one year stipulated under sub-section (2) shall not apply in appeals and such appeals shall be decided by the Appellate Authority within a period of six months from the date of filing thereof.

(6)The fee under this section shall be charged and deposited by the Competent Authority through Treasury Challan or e-Challan in the relevant Head of Account, and in case of Urban Local Bodies or Special Area Development Authorities, the fee shall be charged by way of Demand Draft or online payment by such Bodies.

(7)Before grant of exemption under sub-section (1), the following guidelines and principles shall be kept in view to ensure compliance thereof, namely: -

(a)the buildings shall be regularized on the basis of "as is where is" :

Provided that a structural stability certificate shall be submitted by the applicant for the building to be regularized from the qualified Structural Engineer;

(b)there shall be no exemption for regularization in respect of deviations and unauthorized constructions in the Green Area and Heritage Area as defined under Interim Development Plans or Development Plans as notified by the State Government from time to time;

(c)deviations and un-authorized constructions falling in Green Area and Heritage Area as delineated in the Interim Development Plans (IDPs) or Development Plans (DPs) shall be regularized which have taken place prior to the notification (s) of delineation of such areas;

(d)the exemptions shall also be granted for such buildings which have been constructed above the road level;

(e)developments carried out in lands or buildings owned by individuals in Himachal Pradesh Housing and Urban Development Authority (HIMUDA) Colonies, where such Colonies are maintained and administered by the Urban Local Bodies (ULBs), shall be considered for exemption;

(f)developments or constructions carried out without permission or in deviation to approved plan, if not exempted under this section, shall face disconnection of services and demolition;

(g)the competent authority shall ensure that the roof of buildings to be exempted and regularized under this section is rendered totally ineffective for further vertical construction in future;

(h)un-authorized constructions carried out on the area and pockets kept for parks, sewerage or any other facility in any approved map of sub-division of land by the competent authorities shall not be regularized;

(i)parking floor(s) as per approved plan, if converted to any other use like residence or shop etc. shall not be regularized but in case, alternative equivalent or more parking space is available then, parking floor(s) so converted into other use(s) shall be considered for regularization :

Provided that such cases where existing road level is not abutting from approved parking floor and further there is no feasibility of construction of road leading to approved parking floor may be considered for regularization;

(j)no exemption shall be allowed in case the owner has encroached upon any land owned by the Government or Local Authority or Board or Corporation or Institution or any Authority constituted under the Himachal Pradesh Town and Country Planning Act, 1977 or other person's land;

(k)no exemption shall be allowed on the land lying below Highest Flood Level (HFL) as delineated in the Development Plans;

(l)in case of apartments, flats or slabs, the individual owner may apply for regularization; and

(m)the people residing in the areas where provisions of the Himachal Pradesh Town and Country Planning Act, 1977 or the Himachal Pradesh Municipal Act, 1994 or the Himachal Pradesh Municipal Corporation Act, 1994 were not in force at the time when the buildings were constructed need not to apply :

Provided that if there is any ambiguity as to whether any person is exempted or not under this section, he may make an application alongwith documents, if any, to the Competent Authority online or otherwise, who shall pass appropriate order on his application.

(8)The regularization fee for regularization of deviations and un-authorized constructions shall be charged as per Table given below: -Table

(A)For Residential buildings: -

Sl. No.	Description	Rates		Remarks
		Municipal Area Outside
			Municipal Area
1.	Where permission has been taken for developmentbut deviations on set backs or storeys or in both have beenmade.	@ Rs. 800/-per M2	@ Rs. 400/-per M2	(i) Regularization Fee shall be charged on thedeviated area i.e. on set backs and un-authorized storeys whichis beyond sanctioned plan; and
				(ii) For the purpose of calculation ofdeviations, the Regulations i.e. set backs, number ofstoreys/Floor Area Ratio (FAR) as were applicable at the time ofapproval of original or revised or retained map shall be takeninto consideration.
2.	Where permission has not been taken fordevelopment i.e. total un-authorized construction.	@ Rs. 1000/-per M2	@ Rs. 500/-per M2	For the purpose of calculation of deviations,the total built up area of the building shall be taken intoconsideration.

(B)The regularization fee as specified under clause (A) of this sub-section shall be increased by 100% for Commercial, Hotel, Tourism, Industrial or other Uses :

Provided that the regularization fee as specified under clause (A) of this sub-section shall be decreased by 75% for the persons falling under the categories of Below Poverty Line (BPL) and Economically Weaker Sections (EWS) of the society :Provided further that no other fee shall be charged like Development of land, Building Operation, Change of Existing Building Use and Change of Land Use etc.]

31. Grant or refusal of permission.

(1)On receipt of an application under section 30 the Director may, subject to the provisions of this Act by order in writing -

(a)grant the permission unconditionally;

(b)grant the permission, subject to such conditions as may be deemed necessary under the circumstances; or

(c)refuse the permission.

(2)Every order granting permission subject to conditions, or refusing permission shall state the grounds for imposing such conditions or for such refusal.

(3)Any permission granted under sub-section (2) with or without conditions shall be in such manner as may be prescribed.

(4)Every order under sub-section (2) shall be communicated to the applicant in such manner as may be prescribed.

(5)If the Director does not communicate his decision whether to grant or refuse permission to the applicant within six months from the date of receipts of his application, such permission shall be deemed to have been granted to the applicant on the date immediately following the date of expiry of six months:Provided that in computing the period of six months the period in between the date requisitioning any further information of documents from the applicant and date of receipt of such information or documents from the applicant shall be excluded.

32. Appeal.

(1)Any applicant aggrieved by an order granting permission on conditions or refusing permission under section 31 may, within thirty days of the date of communication of order to him, prefer an appeal to an officer not below the rank of a [Secretary] [As amended vide Himachal Pradesh Town and Country Planning (Amendment)Act No. 14 of 1981.], appointed by the State Government in this behalf, and such an appeal shall be made in such manner and accompanied by such fees as may be prescribed.

(2)The officer appointed under sub-section (1) may, after giving a reasonable opportunity to the appellant and the Director to be heard, by order, dismiss the appeal or allow the appeal by granting permission unconditionally or subject to the conditions as modified.

(3)Subject to the provisions of section 33 the order of the appellate authority shall be final.

33. Revision.

- The State Government may, at any time, but not later than twelve months of the passing of the order, on its own motion or on an application filed by the person aggrieved by any order by the appellate authority under section 32 within thirty days of the date of communication of such order to him, call for and examine the record of any case disposed of by the Director under section 31 or appellate authority under section 32 for the purpose of satisfying itself as to the correctness of the order and as to the regularity of any proceeding of the Director or the appellate authority and may, when calling such record direct that the execution of the order be suspended. The State Government may, after examining the record, pass such order as it thinks fit and its order shall be final and no further application for revision or review thereof shall lie:Provided that no order shall be passed unless the person affected thereby and the Director have been given a reasonable opportunity of being heard.

34. Lapse of permission.

- Every permission granted under section 31 or section 32 or section 33 shall remain in force for a period of one year from the date of such grant and thereafter it shall lapse:Provided that the Director may, on an application, extend such period from year to year but the total period shall, in no case exceed three years from the date on which the permission was initially granted:Provided further that such lapse shall not bar any subsequent application for fresh permission under this Act.

35. Obligation to acquire land.

(1)Where any land is designated by a development plan as subject to compulsory acquisition,-

(a)for development for the purpose of town expansion or town improvement, or

(b)for development for the purpose of the Union or State Government or a local authority or a Special Area Development Authority constituted under this Act, or

(c)for development as a highway or a public utility services and the owner of the land claims-

(i)the land has become incapable of reasonably beneficial use in its existing state, or

(ii)the permission to develop land is given subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by carrying out the permitted development in accordance with the conditions, or

(iii)the sale value of the land has diminished because of the designation of the land for acquisition or development,

such owner may serve on the State Government within such time in such manner and together with such documents as may be prescribed, a notice requiring the appropriate authority to purchase his interest in the land in accordance with the provisions of this Act.

(2)On receipt of the notice under sub-section (1) the State Government shall forthwith call from the Director and the appropriate authority such report or records, or both as may be necessary, which these authorities shall forward to the State Government as soon as possible but not later than thirty days from the date of their requisition.

(3)On receiving such records or reports the State Government may -

(a)if it is satisfied that the conditions specified in sub-section (1) are fulfilled, and that the order of decision for permission was not duly made on the ground that the applicant did not comply with any of the provisions of this Act or the rules made thereunder, confirm the notice or direct that the permission be granted without conditions or subject to such conditions as will make the land capable of reasonably beneficial use;

(b)in any other case, refuse to confirm the notice but in that case, the applicant shall be given a reasonable opportunity of being heard

(4)If within a period of one year from the date on which the notice is served, the State Government does not pass any final order thereon, the notice shall be deemed to have been confirmed at the expiration of that period.

(5)Upon, confirmation of the notice the State Government shall, within a period of one year of such confirmation, proceed to acquire the land or that part of any land regarding which the notice has been confirmed in accordance with the provisions of this Act.

36. Deletion of reservation of designated land from draft or final development plan.

(1)The appropriate authority, if it is satisfied that the land is not or is no longer required for the public purpose for which it is designated or reserved or allocated in the draft development plan or sectoral plan, or the final development plan or sectoral plan may request,-

(a)the Director to sanction the deletion of such designation or reservation or allocation from the draft development plan or sectoral plan; or

(b)the State Government to sanction the deletion of such designation or reservation or allocation from the final development plan or sectoral plan.

(2)On receipt of such request from the appropriate authority, the Director, or as the case may be, the State Government may make an order sanctioning the deletion of such designation or reservation or allocation from the relevant plans:Provided that, the Director or, as the case may be, the State Government may, before making any order, make such enquiry as he/it may consider necessary and satisfy himself/itself that such reservation or designation or allocation is no longer necessary in the public interest.

(3)Upon an order under sub-section (2) being made the land shall be deemed to be released from such designation, reservation or, as the case may be, allocation and shall become available to the owner for the purpose of development as otherwise permissible in the case of adjacent land under the relevant plan

37. Power of revocation and modification or permission to development.

(1)If it appears to the Town and Country Development Authority or Special Area Development Authority that it is expedient, having regard to the development plan prepared or under preparation and to any other material considerations, that any permission to develop land granted under this Act or any other law, should be revoked or modified, the Town and Country Development Authority or the Special Area Development Authority may by an order revoke or modify the permission to such extent as appears to it to be necessary:Provided that -

(a)where the permission related to the carrying out or other operations, no such orders-

(i)shall affect such of the operations as have been previously carried out;

(ii)shall be passed after those operations have been completed;

(b)where permission related to a change of use of land, no such order shall be passed at any time after the change has taken place.

(2)Where permission is revoked or modified by an order under the last foregoing section, and the owner claims from the Town and Country Development Authority or the Special Area Development Authority, within the time and in the manner prescribed, amount in lieu of the expenditure incurred in carrying out the works after the grant of permission and in accordance with such permission, which has been rendered abortive by the revocation or modification the Town and Country Development Authority or the Special Area Development Authority shall, after giving the owners reasonable opportunity of being heard by the Town Planning Officer and after considering his report, assess and offer subject to provisions of section 11 such amount to the owner as it thinks fit.

(3)If the owner does not accept the amount and gives notice within such time as may be prescribed, of his refusal to accept, the Town and Country Development Authority or the Special Area Development Authority shall refer the matter for the adjudication of the court and the decision of the court shall be final and be binding on the owner and the Town and Country Development Authority or the Special Area Development Authority.

38. Penalty for unauthorised development or for use otherwise than in conformity with development plan.

- Any person, who, whether at his own instance or at the instance of any other person commences, undertakes or carries out any development or changes use of any land -

(a)without permission required under this Act,

(b)in contravention of the permission granted or any condition subject to which such permission has been granted;

(c)after the permission for development has been duly revoked or

(d)in contravention of any permission which has been duly modified, shall, without prejudice to any action that may be taken under section 39, be punished with simple imprison fora term which may extend to six months, or with fine which may extend to two thousand rupees or with both, and in the case of continuing offence with further fine which may extend to two hundred rupees for every day during which the offence continues after conviction for the first commission of the offence.

39. Power to require removal of unauthorised development.

(1)Where any development has been carried out as indicated in section 38 the Director may, within five years of such development deserve on the owner a notice requiring him, within such period being not less than one month and not exceeding three months as may be specified therein from the date of service of the notice -

(a)in cases specified in clause (a) or (c) of section 38 to restore the land to its condition existing before the said development took place;

(b)in cases specified in clause (b) or (d) of section 38 to secure compliance with the conditions or with the permission as modified:

Provided that where the notice requires the discontinuance of any use of land, it shall be served on the occupier also

(2)In particular such notice may, for purpose of sub-section (1), require -

(a)the demolition or alteration of any building or works,

(b)the carrying out on land of any building or other operations, or

(c)the discontinuance any use of land.

(3)Any person aggrieved by such notice may, within fifteen days of the receipt of the notice and in the manner prescribed, apply to the Director for permission for retention on the land of any building or works or for the continuance of any use of the land, to which the notice relates and till the time the application is disposed of, the notice shall stand withdrawn.

(4)The foregoing provisions of this chapter shall, so for as may be applicable, apply to an application under sub-section (3)

(5)If the permission applied for is granted the notice shall stand withdrawn, but if the permission applied for is not granted the notice, shall stand, or if such permission is granted for the retention only of some buildings, or works, or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects such buildings or works or such part of the land, but shall stand as respects other buildings or works or other parts of the land, as the case may be; and thereupon the owner shall be required to take steps specified in the notice under sub-section (1) as respects to such other buildings, works or part of the land.

(6)If within the period specified in the notice or within the same period after the disposal of the application, the notice or so much of it as stands is not complied with, the Director may,-

(a)prosecute the owner for not complying with the notice and whether the notice requires the discontinuance of any use of land, any other person also who uses the land or causes or permits the land to be used in contravention of the notice, and

(b)where the notice required the demolition or any alteration of any building or works or carrying out of any building or other operations itself, cause the restorations of the land to its condition before the development took place and secure compliance with the condition of the permission or with the permission as modified by taking such steps as the Director may consider necessary, including demolition or alteration of any building or works or carrying out of any building or other operations, and recover the amount of any expenses incurred by him in this behalf from the owner as arrears of land revenue.

(7)Any person prosecuted under clause (a) of sub-section (6) shall, on conviction, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both, and in the case of a continuing offence with further fine which may extend to two hundred and fifty rupees for every day during which the offence continues after conviction for the first commission of the offence.

Chapter VII
Town and Country Development Authority

40. Establishment of Town and Country Development Authority.

(1)The State Government may, by notification, establish a Town and Country Development Authority by such name and for such area as may be specified in the notification. If the State Government considers the local authority or authorities or any other authorities like State Housing Board, the State Government may by notification designate such authority or authorities as the Town and Country Development Authority or Authorities for a particular area or areas to perform the functions of the Town and Country Development Authority or Authorities under this Act in addition to their own duties and functions and in such cases sections 42, 43, 44, 45, 46 and 48 of this Act will not operate.

(2)The duty of implementing the proposal in the development plan, preparing one or more town development schemes, and acquisition and development of land for the purposes of expansion or improvement of the area specified in the notification under sub-section (1) shall, subject to the provisions of this Act, vest in the Town and Country Development Authority established for the said area.

41. Incorporation of Town and Country Development Authority.

- Every Town and Country Development Authority shall be a body corporate by the name specified in the notification under section 40, and shall have perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and subject to the-provisions of this Act or any rules made thereunder, to transfer any property held by it, to contract and to do all other things necessary for the purposes of this Act and may sue and be sued in its corporate name.

42. [] [Added by section 2 of the H.P. Town and Country Planning (Amendment)'Act No.22 of 1983.] Constitution of Town and Country Development Authority.

- Same as provided in section 42-A- Town and Country Development Authority shall consist of-

(a)a Chairman;

(b)other members not exceeding six.

The Chairman and the members shall be appointed by the state Government:Provided that the State Government may, if it considers it necessary so to do, constitute a single member Town and Country Development Authority.

42A. [] [Added by section 3 of the H.P. Town and Country Planning(Amendment)Act No. 22 of 1983.] Constitution of Town and Country Development Authority for the Capital Town of Himachal Pradesh.

(1)Notwithstanding anything to the contrary contained in Section-42, the Town and Country Development Authority for the capital town of Himachal Pradesh shall consist of the Chairman, Vice-Chairman and eight other members to be appointed by the State Government.

(2)The Chief Minister and the Minister-in-Charge of town and country planning, shall be the ex-officio Chairman and Vice-Chairman of the Town and Country Development Authority constituted under sub-section (1) and for the discharge of their duties as such they shall not be entitled to any emoluments and in relation to them the provisions contained in section 43, sub-section (3) of Section 44, Section 45 and Section 46 will not operate:Provided that during ne period of any proclamation issued under Article 356 of the Constitution of India, the Governor, may, by notification, appoint any persons to act as the Chairman and the Vice Chairman of the Development Authority constituted under this Section and the persons so appointed shall exercise the powers vested in them and perform the functions assigned to them under the Act during the period the said proclamation issued under Article 356 continues to be in force and the provisions contained in Section 43, 44(3), 45 and 46 shall apply to them.

(3)In the absence of the Chairman, the Vice-Chairman shall preside over the meetings of the Town & Country Development Authority constituted under this section and shall, in relation thereto, exercise such powers and performs such functions as the Chairman may assign to him.

43. Term of office of Chairman and other members.

(1)The names of the Chairman and the members shall be notified in the Official Gazette.

(2)The term of office of the Chairman and the members shall be such as may be prescribed.

(3)The person ceasing to be a Chairman or member by reason of the expiry of his term of office, shall if otherwise qualified be eligible for re-appointment.

44. Resignation of members and filling of casual vacancy.

(1)Every person becoming a member under clause (b) of section 42 may at any time resign his office by writing under his hand addressed to the Chairman, and upon receipt of resignation by the Chairman, the office of the member shall become vacant.

(2)If the State Government considers that the continuance in office of any member is pot in the public interest, the State Government may make an order terminating his appointment and thereupon he shall cease to be a member of the Town and Country Development Authority, notwithstanding that the term for which he was appointed has not expired.

(3)In the event of a vacancy occurring in the office of the Chairman or any member, the vacancy shall be filled by the State Government in accordance with the provisions of section 42 and the person so appointed shall hold office for remainder of the term of his predecessor.

45. Remuneration of Chairman.

(1)No member, other than the Chairman, shall receive any emoluments except such allowances as may be prescribed.

(2)The Chairman shall receive such salary and allowances and shall be subject to such terms and conditions of service as may be prescribed.

46. Leave of absence and appointment etc. of acting Chairman.

(1)The State Government may grant leave to the Chairman subject to such terms and conditions as may be prescribed.

(2)Whenever the Chairman is granted leave the State Government may appoint a person to act as Chairman in his place.

47. Meeting of Town and Country Development Authority.

(1)The meetings of the Town and Country Development Authority shall be held at such time and such place as may be laid down by regulations:Provided that until regulations are made in this behalf such meetings shall be convened by the Chairman.

(2)The quorum of meeting shall, unless otherwise provided by regulations, be one third of the total number of members of the Town and Country Development Authority.

(3)The Town and Country Development Authority shall make regulations to provide for the conduct of its business.

48. Chief Executive Officer.

(1)There shall be Chief Executive Officer of every Town and Country Development Authority who shall also act as the member Secretary of the Authority.

(2)The Chief Executive Officer shall be appointed by the State Government.

49. Other officers and servants.

- Every Town and Country Development Authority may appoint such other officers and servants as may be necessary and proper for the efficient discharge of its duties:Provided that no post shall be created save with prior sanction of the State Government:Provided further that the power of appointment shall be subject to such restrictions as the State Government may, from time to time, impose.

50. Conditions of service of Chief Executive Officer and other officers and servants.

(1)The Chief Executive Officer under section 48 and other officers and servants appointed under section 49 shall work under the super superintendence and control of the Chairman.

(2)The State Government may make rules in respect of recruitment, qualifications, appointment, scale of pay, leave, leave allowance, loans, pension and other service conditions of the Chief Executive Officer and other officers and servants.

51. Town development schemes.

- A town development scheme may make provision for any of the following matters:-

(i)acquisition, development and sale or leasing of land for the purpose of town expansion.

(ii)acquisition, relaying out of, rebuilding or relcating areas which have been badly laid out or which have developed or degenerated into a slum;

(iii)acquisition and development of land for public purposes such as housing development, development of shopping centres, cultural centres, administrative centres;

(iv)acquisition and development of areas for commercial and industrial purposes;

(v)undertaking of such building or construction work as may be necessary to provide housing, shopping, commercial or other facilities;

(vi)acquisition of land and its development for the purpose of laying out or remodelling of road and street pattern;

(vii)acquisition and development of land for playgrounds, parks, recreation centres and stadium;

(vii)reconstruction of plots for the purpose of buildings, roads, drams, sewerage lines and other similar amenities:

(ix)any other work of a nature such as would be about environmental improvements which may be taken up by the authority with the prior approval of the State Government

52. Preparation of town development scheme.

(1)The Town and Country Development Authority may, at any time declare its intention to prepare a town development scheme.

(2)Not later than thirty days from the date of such declaration of intention to make a scheme the Town and Country Development Authority shall publish the declaration in the Official Gazette and in such other manner as may be prescribed.

(3)Not later than two years from the date of publication of the declaration under sub-section (2) the Town and Country Development Authority shall prepare a town development scheme in draft form and publish it in such form and manner as may be prescribed together with a notice inviting objections and suggestions from any person with respect to the said draft development scheme before such date as may be specified therein, such date being not earlier than thirty days from the date of publication of such notice.

(4)The Town and Country Development Authority shall consider all the objections and suggestions as may be received within the period specified in the notice under sub-section (3) and shall, after giving a reasonable opportunity to such persons affected thereby as are desirous of being heard, or after considering the report of the committee constituted under sub-section (5), approve the draft scheme as published or make such modifications therein as it may deem fit.

(5)Where the town development scheme relates to reconstitution of plots, the Town and Country Development Authority shall, notwithstanding anything contained in sub-section (4), constitute a committee consisting of the Chief Executive Officer of the said authority and two other members of whom one shall be representative of the Himachal Pradesh Housing Board and the other shall be an officer of the Public Works Department not below the rank of an Executive Engineer nominated by the Chief Engineer, Public Works Department for the purpose of hearing objections and suggestions received under sub-section(3).

(6)The committee constituted under sub-section (5) shall consider the objections and suggestions and give hearing to such persons as are desirous of being heard and shall submit its report to the Town and Country Development Authority within such time as it may fix along with proposals to-

(i)define and demarcate the areas allotted to or reserved for public purposes;

(ii)demarcate the reconstituted plots;

(iii)evaluate the value of the original and the constituted plots;

(iv)determine whether the areas reserved for public purpose are wholly or partially beneficial to the residents within the area of the scheme;

(v)estimate and apportion the compensation to or contribution from the beneficiaries of the scheme on account of the reconstitution of the plot and reservation of portions for public purpose;

(vi)evaluate the increment in value of each reconstituted plot and assess the development contribution leviable on the plot holder:

Provided that the contribution shall not exceed half the accrued increment in value;

(vii)evaluate the reduction in value of any reconstituted plot and assess the amount payable therefor.

(7)Immediately after the town development scheme is approved under sub-section (4) with or without modifications, the Town and Country Development Authority shall publish in the Official Gazette and in such other manner as may be prescribed a final town development scheme and specify the date on which it shall come into operation.

53. Power to revise the development schemes.

- The Director may, at any time, but not later than two years from the date of publication of the final town development scheme, under section 52 on his own motion or on an application filed within thirty days of such publication of the final scheme by any person aggrieved by the final scheme, call for and examine the record of any scheme for the purpose of satisfying himself as to the correctness of the order passed by the Town and Country Development Authority, or as to the regularity of any proceedings of such authority and when calling such record direct that the execution of the scheme be suspended. The Director may, after examining the record, pass such order as he thinks fit and his order shall be final:Provided that no order shall be passed unless the person affected thereby and the Town and Country Development Authority have been given a reasonable opportunity of being heard.

54. Power of State Government to give Directions.

(1)The State Government may, if it considers necessary in public interest so to do, give directions to the Town and Country Development Authority-

(a)to frame a town development scheme,

(b)to modify a town development scheme during execution,

(c)to revoke a town development scheme, for reasons to be specified in such direction:

Provided that no direction to modify or revoke a town development scheme shall be given unless the Town and Country Development Authority is given an opportunity to present its case.

(2)The directions given by the State Government under this section shall be binding on the Town and Country Development Authority.

55. Restriction on land use and development.

- As from the date of publication of declaration to prepare a town development scheme no person shall, within the area included in the scheme, institute or change the use of any land or building or carry out any development save in accordance with the development authorised by the Director in accordance with the provisions of this Act prior to the publication of such declaration.

56. Lapse of scheme.

- If the Town and Country Development Authority fails to implement the town development scheme within a period of three years from the date of publication of the final scheme under section 52, it shall, on the expiration of the V said period of three years, lapse.

57. Town development scheme public purpose.

- Land needed for the purpose of town development scheme shall be deemed to be a land needed for a public purpose within the meaning of the Land Acquisition Act, 1894.

58. Acquisition of land for Town and Country Development Authority.

- The Town and Country Development Authority may at any time after the date of publication of the final town development scheme under section 52 but not later than three years therefrom, proceed to acquire by agreement the land required for the implementation of scheme and, on its failure so to acquire, the State Government may, at the request of the Town and Country Development Authority, proceed to acquire such land under the provisions of the Land Acquisition Act, 1894 and on the payment of amount awarded under that Act and any other charges incurred by the State Government in connection with the acquisition, the land shall vest in the Town and Country Development Authority subject to such terms and conditions as may be prescribed (1 of 1894).

59. Developments.

(1)The Town and Country Development Authority shall take necessary steps to develop the land vested in it under section 58 in accordance with the provisions of the town development scheme:Provided that if the State Government or the Director has, after such enquiry as may be necessary, reason to believe that the Town and Country Development Authority is not taking adequate steps to develop the land or has deviated from the final scheme, it he may give such directions to that authority as may be considered necessary in the circumstances.

(2)The directions given under this section shall be binding on the Town and Country Development Authority and that authority shall give effect to them forthwith.

60. Disposal of land, buildings and other development works.

- Subject to such rules as may be made by the State Government in this behalf, the Town and Country Development Authority shall, by regulation, determine the procedure for the disposal of developed lands, houses, buildings and other structures.

61. Development charges.

(1)Where, as a result of the implementation of town development schemes, there is in the opinion of the Town and Country Development Authority, an appreciation in the market values of lands adjacent to and affected by a scheme the Town and Country Development Authority may, in lieu for providing of the acquisition of such land, levy development charges on owners of such land.

(2)The development charges shall be an amount equal to not less than one-fourth and not more than one-third of the difference between the value of the land on the date of publication of the intention to prepare the town development scheme and the date of completion of the scheme.

62. Mode of levy.

(1)On completion of the town development scheme, the Town and Country Development Authority, shall, by a notice in such form and published in such manner as may be prescribed, declare the fact of such completion and of its intention to levy development charges in the area covered by the scheme, calling upon owners of land liable to pay development charges to submit objection, if any, within such period which shall not be less than thirty days from the date of publication of the notice.

(2)The authority specified in the notice shall, after giving the objectors an opportunity to be heard, forward the report to the Town and Country Development Authority.

(3)On receipt of the report under sub-section (2) the Town and Country Development Authority shall pass such orders thereon as it may consider fit.

(4)The Town and Country Development Authority shall, not later than three months after the publication of a notice declaring its intention to levy development charges, issue a notice in the prescribed form, assessing the charge due from every person affected by the levy of charges.

(5)Where the assessment is accepted it shall be final. If, however, the assessment is not accepted, the person aggrieved may, within thirty days of the publication of notice, file an application in writing before the Revenue Officer not below the rank of Sub-Divisional Officer as may be authorised by the State Government in this behalf.

(6)The Revenue Officer may, after giving the applicant and the Town and Country Development Authority an opportunity to be heard, pass such order on the application as he may deem fit under the circumstances and orders so passed shall be final.

(7)After the final determination of the assessment the Town and Country Development Authority shall cause a notice to be served on each assessee asking him to pay the development charges within a period of sixty days from the date of receipt of the notice by him.

(8)Any payment made after the expiration of the period specified in the notice under sub-section (7) shall carry simple interest at 10 per cent per annum as from the date of the receipt of the notice by the assessee.

(9)The Town and Country Development Authority may, on an application made to it in that behalf, permit assessee to make payment of development charges in annual instalments not exceeding five and fix a date by which each instalment shall be payable.

(10)Where permission is granted to make payment in instalments the amount of development charges shall carry a simple interest at 15 per cent per annum as from the date of the receipt of notice under sub-section (7) and the interest due shall be payable along with each instalment.

63. Fund of Town and Country Development Authority.

- The Town and Country Development Authority shall have its own fund and all receipts of that authority shall be credited thereto and all payments by that authority shall be made therefrom.

64. Annual budget.

(1)The Chief Executive Officer or any other officer designated to act as the Chief Executive Officer shall cause to be prepared not later than the 10th of March every year a statement of annual income and expenditure giving the estimates and actual of the past year and the estimates of the next financial year.

(2)The annual statement (hereinafter called the budget) to be prepared shall be placed by the Chief Executive Officer or any other officer designated shall be placed by the Chief Executive Officer or any other officer designated to act as the Chief Executive Officer, with the prior approval of the Chairman, before the Town and Country Development Authority.

(3)The Town and Country Development Authority shall consider the budget so submitted to it and sanction the same either unaltered, or subject to such alterations as it may think fit.

(4)A copy of the budget as sanctioned under sub-section (3) shall be submitted to the State Government and the Director.

(5)The State Government may direct the Town and Country Development Authority to make such modification in the budget as may be deemed necessary.

(6)The Town and Country Development Authority shall within thirty days of the date of receipt of such directions either accept the modification or make further submission to the State Government.

(7)The State Government, after considering the submissions of the Town and Country Development Authority, shall pass such orders thereon as may be deemed fit and from the date of such orders, the budget shall be deemed to be in force, with modifications ordered by the Government.

65. Power to borrow money.

- Subject to such terms and conditions as may be prescribed the Town and Country Development Authority may, with the prior sanction of the State Government, issue debentures or borrow money from Government or other financial institutions or the open market for all or any of the purposes of this Act.

Chapter VIII
Special Areas

66. Constitution of special areas.

(1)If any area, town or township is designated as a special area in the regional plan or if the State Government is otherwise satisfied that it is expedient in the public interest that any area, town or township should be developed as a special area, it may, by notification, designate the area as a special area, which shall be known by such name as may be specified therein.

(2)Such notification shall define the limits of special area.

(3)The State Government may, by notification,-

(a)alter the limits of the special area so as to include therein or exclude therefrom such area as may be specified in the notification;

(b)declare that the special area shall cease to be so.

(4)Notwithstanding anything contained in the Himachal Pradesh Municipal Act, 1968 (19 of 1968) and the Himachal Pradesh Panchayati Raj Act, 1968 ( 19 of 1970) the Municipal Corporation, Municipal Committee, Notified Area Committee or Panchayat, as the case may be, shall, in relation to the special area and as from the date the Special Area Development Authority undertakes the functions under clause

(v)or clause (vi) of section 70 cease to exercise the powers and perform the functions and duties which the Special Area Development Authority is competent to exercise and perform under this Act.

67. Special area Development Authority.

(1)Every special area shall have a Special Area Development Authority which shall consist of -

(a)the Chairman; and

(b)such other members as Government may determine from time to time.

The Chairman and members shall be appointed by the State Government.

(2)[ The Chairman shall receive such salary and allowances and shall be subject to such terms and conditions as may be determined by the State Government ] [Substituted vide H.P. Act No.14 of 1989 Published in H.P. R.. Ex-ordinary dated 9-6-89, Pages 1373 to 1376.]

(3)The members shall not be entitled to any salary but shall receive such allowances as may be prescribed

68. Incorporation of Special Area Development Authority.

- Every Special Area Development Authority shall be a body corporate with perpetual succession and a common seal and shall have power to acquire, hold and dispose of property, both movable and immovable and to contract and sue and be sued by the name specified in the notification under sub-section (1) of section 66

69. Staff.

(1)Every Special Area Development Authority may appoint such officers and servants as may be proper for the efficient discharge of its duties:Provided that no post shall be created save with the prior sanction of the State Government.

(2)The State Government may make rules in respect of recruitment, qualification, appointment, scale of pay, leave allowance and other conditions of service of the officers and servants appointed under sub-section (1).

70. Functions.

- The functions of the Special Area Development Authority shall be -

(i)to prepare, if required to do so, the development plan for the special area;

(ii)to implement the development plan after its approval by the State Government;

(iii)for the purpose of implementation of the plan, to acquire, hold, develop, manage and dispose of land and other property;

(iv)to carry out construction activity and to provide such utilities and amenities as water, electricity, drainage and the like;

(v)to provide the municipal services as specified in the Himachal Pradesh Municipal Act, 1968;

(vi)to provide for the municipal management of the special area in the same manner as is provided in the Himachal Pradesh Municipal Act, 1968; (19 of 1968.)

(vii)to otherwise perform all such functions with regard to the special area as the State Government may, from time to time, direct: (19 of 1968.)

Provided that functions specified in clauses (v) and (vi) shall not be performed unless so required by the State Government.

71. Powers.

- The Special Area Development Authority shall -

(a)for the purpose of acquisition of land, exercise the powers and follow the procedure which a Town and Country Development Authority have to follow under this Act;

(b)for the purpose of planning, exercise the powers which the Director has under this Act; and

(c)for this purpose the municipal administration, have the powers which a Municipal Committee has under the Himachal Pradesh Municipal Act, 1968. (19 of 1968).

72. Fund of Special Area Development Authority.

(1)Every Special Area Development Authority shall have its own fund and all receipts of that authority shall be credited thereto and all payments of that authority shall be made therefrom.

(2)The Special Area Development Authority shall levy the development charge in the manner as prescribed under sections 61 and 62 of this Act.

(3)The Special Area Development Authority may for all or any of the purposes of this Act-

(a)accept grants from the State Government or a local authority;

(b)raise loans, subject to such terms and conditions as may be prescribed.

73. Annual estimates.

(1)The Chairman shall lay, not later than 10th of March every year, before the Special Area Development Authority an estimate of the income and of the expenditure of that authority for the year commencing on the first day of April next ensuing in such detail and form as that authority may from time to time direct.

(2)Such estimates shall make provision for the due fulfilment of all liabilities of the Special Area Development Authority and for the efficient implementation of this Act and shall be complete and a copy thereof shall be sent to each member of that authority at least ten clear days prior to the meeting before which the estimate is to be laid.

(3)The Special Area Development Authority shall consider the estimate so submitted and shall sanction the same either unaltered or subject to such alterations as it may think fit.

(4)The estimates so sanctioned shall be submitted to the State Government who may approve the same with or without modifications.

(5)If the State Government approves the estimates with modifications, the Special Area Development Authority shall proceed to amend the same and the estimates so modified and amended shall be in force during the year.

Chapter IX
Control

74. Power of State Government of supervision and control.

- The State Government shall have power of superintendence and control over the acts and proceedings of the officers appointed under section 3 and the authorities constituted under this Act.

75. Power of State Government to give directions.

(1)In the discharge of their duties the officers appointed under section 3 and the authorities constituted under this Act shall be bound by such directions on matters of policy as may be given to them by the State Government.

(2)If any dispute arises between the State Government and any authority, as to whether a question is or is not a question of policy, the decision of the State Government shall be final.

76. Power of Government to review plans etc. for ensuring conformity.

- Notwithstanding anything contained in any other enactment for the time being in force, the State Government may, with a view to ascertaining that no repugnancy exists or a rises with the provisions of this Act or the rules made thereunder, review the town improvement schemes, building plans or any permission for construction sanctioned or given by any authority under development plans, sanctioned under any enactment for the time being in force and may revoke, vary, or modify any scheme, plan, permission or sanction in conformity with the provisions of this Act:Provided that no order under this section shall be made without giving a reasonable opportunity of being heard to the persons affected thereby.

77. Delegation of powers.

(1)The State Government may, by notification, delegate to any officer or authority subordinate to it all or any powers conferred on it by or under this Act, other than the power to make rules.

(2)Subject to such restrictions as may be imposed by the State Government by a general or special order, the Director, may, by an order in writing delegate to any officer subordinate to him all or any powers exercisable by him under this Act or the rules made thereunder, other than the power to hear appeal and revision.

78. Dissolution of authorities.

(1)Whenever in the opinion of the State Government the continued existence of any authority constituted under this Act is un-necessary or undesirable, the State Government may, by notification, declare that such authority shall be dissolved from such date as may be specified therein and the authority shall stand dissolved accordingly.

(2)As from the said date -

(a)all the properties, funds and dues which are vested in or realisable by the authority, shall vest in, or be realisable by, the State Government;

(b)all liabilities which are enforceable against the authority shall be enforceable against the State Government;

(c)for the purpose of realising properties, funds, and dues referred to in clause (a), the function of the authority shall be discharged by the State Government;

(d)all powers and functions to be exercised or discharged by the authority under this Act shall be exercised and discharged by the Director and for the purpose any reference in this Act to the said authority shall be construed as a reference to the Director

Chapter X
Miscellaneous

79. Right of entry.

(1)Without prejudice to any other provisions of this Act the Director or any authority established under this Act may enter into or upon, or cause to be entered into or upon, any land or building for the purpose of the preparation of plan or scheme under this Act for-

(a)making any measurement or survey or taking levels of such land or buildings;

(b)setting out or making boundaries and intended lines of development;

(c)making such levels, boundaries and lines by placing marks and cutting trenches;

(d)examining works under construction and ascertaining the course of sewers and drains;

(e)ascertaining whether any land is being or has been developed in contravention of any provision of this Act or the rules or the regulations made thereunder:

Provided that-

(i)in the case of any building used as a dwelling house or upon any enclosed part of garden attached to such a building, no such entry shall be made except between the hours of sunrise and sunset or without giving its occupier at least 24 hours' notice in writing of the intention to enter;

(ii)sufficient opportunity shall in every instance be given to enable women (if any) to withdraw from such land or buildings;

(iii)due regard shall always be had so far may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.

(2)Any person who obstructs the entry of an officer empowered or duly authorised under this section to enter into or upon any land or building or molests such officer after such entry shall, on conviction, be punished with simple imprisonment fora term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

80. Jurisdiction of Court.

- No court inferior to that of Magistrate of the first class shall try an offence punishable under this Act.

81. Cognizance of offences.

- No court shall take cognizance of any offence under this Act except on a complaint in writing made over the signature of an officer duly authorised by the Director or a Town and Country Development Authority or a Special Area Development Authority, as the case may be.

82. Member and officers to be public servants.

- Every member and every officer of any authority established under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860. (45 of 1860).

83. Suit and other proceedings.

- 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 or any rules made thereunder.

84. Vacancy not to invalidate proceedings.

- No act of a Town and Country Development Authority or a Special Area Development Authority or any of its committee shall be invalid merely by reasons of -

(a)any vacancy, in or defect in the constitution thereof; or

(b)any defect in the appointment of a person acting as a Chairman or member thereof; or

(c)any irregularity in the procedure thereof not affecting the merits of the case.

85. Member to continue till successor enters upon office.

- A Chairman or a member of a Town and Country Development Authority or a Special Area Development Authority shall notwithstanding the expiration of his term, continue to hold office till his successor enters upon office.

86. Interpretation of regional plan etc.

(1)If any question arises regarding the interpretation of any regional plan, the matter shall be referred to the Director who shall pass such order thereon as he may deem fit.

(2)Any person aggrieved by the decision of the Director may prefer an appeal to the State Government within such time and in such manner as may be prescribed.

(3)The decision of the State Government and subject to the decision of the State Government, the decision of the Director shall be final.

Chapter XI
Rules And Regulations

87. Powers to moke rules.

(1)The State Government may, after previous publication, make rules for carrying out the purposes of this Act.

(2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for-

(i)other categories of officers which may be appointed under section 3(1);

(ii)the form and manner of publication of notice inviting objections and suggestions under section 8(1);

(iii)the manner of publication of the regional plan under section 9(2);

(iv)the manner of publication of an existing land use map under section 15(1) for inviting objections and suggestions;

(v)the regulation of the forms and contents of interim development plan under section 17;

(vi)the manner of publication of the draft development plan under section 19(1)

(vii)the manner of publication of public notice under section 20(4);

(viii)the documents and plans which shall accompany the information under section 28(1);

(ix)

(a)the form of application under section 30(1), the particulars which such application shall contain and the documents which shall accompany such application;

(b)the fee which shall be accompanied with the application under section 30(2);

(x)the form in which permission shall be granted under section 31(3);

(xi)the manner of communication of order under section 31(4),

(xii)the manner in which the appeal shall be made and the fees which shall accompany such appeal under section 32(1);

(xiii)the time within which, the manner in which and the documents together with which a notice shall be served under section 35(1);

(xiv)the manner in which amount in lieu of expenditure incurred after the grant of permission may be assessed under section 37( 1);

(xv)the manner in which an application shall be made-under section 39(3);

(xvi)the manner of publication of declaration under section 52(2);

(xvii)the form in which and the manner in which the town development schemes in draft form shall be published under section 52(3);

(xviii)the manner in which the final town development scheme shall be published under section 52(7);

(xix)the terms and conditions subject to which the land shall vest in the Town and Country Development Authority under section 58;

(xx)

(a)the form in which and the manner in which a notice shall be published under section 61(1);

(b)the form in which a notice shall be issued under section 62(4);

(xxi)the terms and conditions subject to which the Town and Country Development Authority may issue debentures or borrow money under section 65;

(xxii)the terms and conditions subject to which loans may be raised under section 72(2); and

(xxiii)any other matter for which rules may be made,

88. Regulations.

(1)A Town and Country Development Authority or a Special Area Development Authority, as the case may be, may, subject to the provisions of this Act and the rules made thereunder make regulations generally to carry out the purposes of this Act.

(2)In particular and without prejudice to the generality of the foregoing power, such regulations may provide for-

(a)the summoning and holding of meetings, the time and place where such meetings shall be held; and the conduct of business thereat;

(b)procedure for disposal of developed lands, houses, buildings and other structures under section 60;

(c)the management of property and the maintenance and audit of accounts;

(d)the made of appointment of committees, summoning and holding of meetings, and the conduct of business of each such committee;

(e)such other materials as may be necessary for the exercise of the powers and performance of duties and functions by the Town and Country Development Authority or the Special Area Development Authority, as the case may be, under this Act

89. Power to lay the rules and regulations.

- Every rule made under section 87 or the regulation made under section 88 shall be laid, as soon as may be after it is made, before the Legislative Assembly of Himachal Pradesh while it is in session fora total period of fourteen days which may be comprised in one session or in two successive sessions; and if, before the expiry of the session in which if is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or regulation, as the case may be, or decides that the rule or regulation should not be made, the rule or regulation, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation

90. Repeal and savings.

- The Punjab Town Improvement Act, 1922 (4 of 1922), as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) and the Himachal Pradesh Town and Country Planning Ordinance, 1977 (2 of 1977), are hereby repealed.Notwithstanding such repeal, anything done or any action taken or purporting to have been done or taken (including any rules, notifications or orders made or issued), in exercise of any power, conferred by or under the said Act or the Ordinance shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under this Act.[Appendix-I] [Inserted by Act No. 1 of 2017, dated 24.1.2017.]Application Form For Composition of Deviations and Un-Authorised Constructions/developmentsNo.......................Dated.......................ToThe ................................................................................................................................Sir/Madam,I/We hereby apply for composition of deviations/unauthorized constructions/developments having carried out on land bearing Khasra No............Khata/Khatauni No.............measuring............M2 situated at Mauza............ Pargana......................... Tehsil............ District............Himachal Pradesh. My/our original/revised/retained map was approved vide No.......................dated............ (Strike out if no map was approved).

(a)Details of deviations/unauthorized constructions/developments carried out are as under : -

(I) Schedule of Area :
(i) Built up Area	= M2
(ii) Open area	= M2
(iii) Total Plot Area	= M2
(II) Schedule ofOpen Spaces :
(i) Front Set Back	= M
(ii) Left Side Set Back	= M
(iii) Right Side Set Back	= M
(iv) Rear Set Back	= M
(III) Deviations in the Set Backs (Storey wise):
(i) Ground Storey	= M2
(ii) First Storey	= M2
(iii) Second Storey	= M2
(iv) Third Storey	= M2
(v) Fourth Storey	= M2
(vi) Fifth Storey	= M2
(vii) ........... Storey	= M2

(b)The following documents are enclosed herewith : -

(i)two sets of Location Plan in the scale of 1:1000;

(ii)two sets of Site Plan in the scale of 1:200, clearly showing the building within Tatima dimensions and also showing all drainage lines, sewerage connection or location of septic tank, soak pit, rain water harvesting tank, solar passive arrangement and house drainage;

(iii)two sets of detailed architectural drawings of the existing building/proposed construction showing each storey with two cross-sections and two elevations of the building in the scale of 1:100. These drawings are in the form of working drawing showing all the dimensions of rooms, openings, thickness of wall, floor and slab etc.;

(iv)two sets of photographs taken from all sides of the building, clearly showing the number of storeys;

(v)one copy of latest original Jamabandi;

(vi)one copy of original Tatima showing dimensions of plot;

(vii)one copy of Structural Stability Certificate from a qualified Structural Engineer;

(viii)affidavit to the effect that building has been constructed, -

(a)on own land and has not encroached upon any Government or other person's land;

(b)that applicant has not raised construction over the controlled width of roads or that the road was notified as the National Highway/ State Highway/District Road after the construction of the building;

(c)that there is no pending litigation in respect of land or building in question with any person or authority; and

(d)that the applicant will not object for laying of any civic amenities.

Certified that the Plans have been prepared by Sh./Smt./ Ms...............(Name and address of the Registered Architect/ Planner/ Engineer/Draughtsman), having Registration No............... dated...........and the Structural Stability Certificate has been issued by Sh./Smt./Ms...............................(Name and address of the qualified Structural Engineer.Enclosures : As above.Yours faithfully,Name..........................................Address.......................................Phone No....................................e-mail.......................................].

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State of Himachal Pradesh - Act