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[Cites 0, Cited by 0] [Section 5] [Entire Act]

State of Punjab - Subsection

Section 5(1) in Punjab One-time Voluntary Disclosure and Settlement of Building constructed in Violations of the Building Bye-laws Act, 2019

(1)
(A)Non-compoundable building violations in a residential plotted building.- The non-compoundable building violations in residential plotted buildings, disclosed voluntarily under subsection (1) of section 4, may be settled by the competent authority, on as is where is basis, after spot verification, subject to maximum height of 50'-0", as one time measure by realizing the following composition fee:-
Serial No. Urban Local Bodies   Composition Fees
1. In the case of Municipal Corporation andImprovement Trusts of Amritsar, Jalandhar and Ludhiana.   Rs. 300/- per square feet of the totalnon-compoundable area on all floors.
2. In the case of remaining Municipal Corporationsand Improvement Trusts and all the Municipal Councils or NagarPanchayats.   Rs. 200/- per square feet of the totalnon-compoundable area on all floors.
3. The aforesaid charges are for maximum 50% excessof the permissible floor area ratio. Over and above 50% excessfloor area ratio (maximum upto 75%), double the above chargesshall be applicable.
Note. - (i) Front house-line in case of scheme areas shall not be compounded.
(ii)In other cases where front house-line has been compounded, if at any time, any portion from the front setback, so compounded, is required for road widening or laying any other infrastructure by the Urban Local Bodies, no compensation for built-up shall be given to the owner.
(B)Non-compoundable building violations in a non-residential building.- The non-compoundable building violations in non-residential buildings, disclosed voluntarily under sub-section (1) of section 4, may be settled by the competent authority, on as is where is basis (except the mandatory fire safety and parking requirement as mentioned in Schedule-I of the Municipal Building Bye-laws, 2018 and public safety/security and public convenience shall not be compromised) after spot verification, as onetime measure by realizing the following composition fee, namely:-
Serial No. Urban Local Bodies   Composition Fees
1. In the case of Municipal Corporation andImprovement Trusts of Amritsar, Jalandhar and Ludhiana.   Rs. 1000/- per square feet of the totalnon-compoundable area on all floors.
2. In the case of remaining Municipal Corporationsand Improvement Trusts and all the Municipal Councils or NagarPanchayats.   Rs. 600/- per square feet of the totalnon-compoundable area on all floors.
3. The composition fees in case of Institutionalbuilding shall be 75% of the aforesaid charges and forIndustrial/Religious buildings shall be 40% of the aforesaidcharges.
4. The aforesaid charges are for maximum 50% excessof the permissible floor area ratio. Over and above 50% excessfloor area ratio (maximum upto 75%), double the above chargesshall be applicable.
Note. - In case at any time any portion from the front setback, so compounded, is required for road widening or laying any other infrastructure by the Urban Local Bodies, no compensation for builtup shall be given to the owner.
(C)If the building is constructed on site without taking any change of land use, then prior to compounding of building, change of land use charges are to be deposited as per current applicable rates, as amended from time to time.
(D)The fee collected under this Act shall be deposited by Urban Local Bodies in a separate ESCROW account and the fee collected shall be used only for creating / upgrading parking and infrastructure only.