State of Haryana - Act
The Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965
HARYANA
India
India
The Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965
Rule THE-PUNJAB-SCHEDULED-ROADS-AND-CONTROLLED-AREAS-RESTRICTION-OF-UNREGULATED-DEVELOPMENT-RULES-1965 of 1965
- Published on 26 May 1965
- Commenced on 26 May 1965
- [This is the version of this document from 26 May 1965.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I
1. Short title and commencement.
2. Definitions.
- In these rules unless the context otherwise requires :-Part II – Control Along Scheduled Roads and Bye-passes Outside the Controlled Areas
3. Registration of existing buildings along Scheduled Roads and bye-passes. - [Sections 3 and 25(1)].
3A. [ Exclusion of building which was in existence, immediately before commencement of Haryana Ordinance No. 1 of 2009. [Sections 3, 25(1) and 25(2)(i)]. [Inserted by Notification No. C-620(B)/STP(E&V)/2012/ 428, dated 21.3.2012.]
4. Application for permission under Section 3. [Sections 3, 8(1) and 25(2)(e)].
5. Principles and conditions under which application under rule 4 may be granted or refused [Sections 3, 8(1) and 25(2)(f)].
- No permission shall be granted on an application submitted under rule 4, unless :6. Information necessary to validate application under rule 4. [Sections 3, 8(1) and 25(2)(e)].
- No application under rule 4 shall be considered to be valid unless :7. Form in which order under Section 8(2) is to be passed. [Sections 8(2) and 25(1)].
- After an application on the prescribed form containing the requisite information and accompanied by necessary documents as mentioned in rule 4 is received, the Director shall, after making such inquiry as he considers necessary, pass an order under sub-section (2) of Section 8 in Form SR-III.Part III – Preparation of Development Plans
8. Contents of Plans of Controlled area. [Sections 5(1) and 25(2)(e)].
- Plans of a controlled area prepared under sub-section 5 shall consist of :-9. Publications of development plans for inviting objections. [Sections 5(4) and 6].
- A copy of the development plan as notified by the Government under sub-section (4) of Section 5 shall sent by the Director to every local authority within whose limits any land included in the controlled areas is situated so as to enable it to [make any representation within a period of three months it may like] [Substituted for the words 'make nay representaion it may like' vide Haryana Government Notification No. 19996.] to make with respect to the plan.10. Publication of final development plans. [Sections 5(7) and 25(2) (b)]
- The development plan as notified by the Government under sub-section (7) of Section 5 shall in addition to its publication in the official gazette be published by displaying copy thereof at a conspicuous place at the office of the -Part IV – Development of Colonies in Controlled Areas
11. Application for permission under Section 7 in case of coloniser [Sections 8 and 25(2)(e)].
12. Percentage of area under roads and open spaces in the layout plans [Section 25(2)(f)].
- In the layout plan of the colony, the land reserved for roads, open spaces, schools, public and community buildings and other common uses shall not be less than forty-five per centum of the gross area of the land under the colony; provided that the Director may reduce this percentage to a figure not below thirty-five where in his opinion the planning requirements and the size of the colony so justify.13. Development works to be provided in the colony. [Section 25(2)(f)].
- The designs and specification of the development works to be provided in a colony shall include -14. Conformity of layout plans with the Development Plan [Section 25(2)(f)].
- The plans and documents mentioned in rule 11 to be submitted alongwith the application shall conform to the provisions, restrictions and conditions laid in the Development Plan.15. Preparation of layout on payment of fees [Section 25(1)].
- A coloniser intending to make an application under rule 11 may request that any or all the plans and documents referred to in clauses (iv) to (xi) of sub-rule (1) of rule 11 may be got prepared for him by the Director on payment of such fees as may be assessed by Director.16. Information necessary to validate application under rule 11 [Sections 3(f) and 25(2)(c)].
- No application under rule 11 shall be considered to be valid until plans and documents required by sub-rule (1) of that rule have been furnished to the satisfaction of the Director. In case of failure of such compliance, the application together with the plans and documents shall be returned to the colonizer for resubmission in accordance with the rules.[16A. Earnest Money. - (1) Before proceeding under rule 17 or rule 18, the Director shall, by order in writing, require the colonizer to furnish, within a period of thirty days from the date of service of such order, an earnest money at the rate of [one rupee] [Rule 16-A inserted vide Haryana Government Notification No. GSR 89/PA- 41/63/S.125/Amd (1)/66.] per square yard calculated for the gross area of the land under the proposed colony in the form of a demand draft in favour of the Director and drawn on any Scheduled Bank at Chandigarh :Provided that the Director may, for reasons to be recorded in writing, extend such time by a period not exceeding thirty days.17. Rejection of application. [Sections 8(2) and 25(2)(b)].
- On receipt of an application under rule 11, the Director shall, after making such inquiry, as he considers necessary and after giving reasonable opportunity of being heard to the applicant by an order in writing refuse to grant permission, if -18. Applicant to be called upon to fulfill certain conditions. [Sections 8(2) and 25(2)(f)].
19. Conditions required to be to fulfilled by colonizer [Sections 8(3) and 25(2)(f)]
- The colonizer shall -20. Grant of permission and form of order of grant or refusal to grant permission. [Sections 8(2) and 25(1)].
21. Duration of Sanction. [Sections 8(2) and 25(2)(f)].
22. Completion certificate [Section 25(1)(2)(f)].
23. Transfer of sanction [Section 25(2)(f)].
24. Revocation of permission [Section 25(2)(f)].
26. Release of Bank Guarantee [Section 25(2)(f)].
- After the layout and development works or part thereof in respect of the colony or part thereof have been completed and a completion certificate in respect thereof issued, the Director may, on an application in this behalf from the colonizer, release within a period of six months of the date of the application, the bank guarantee or part thereof, as the case may be, after adjusting the expenditure, if any, incurred as provided under rule 24(5) : provided that if the completion of the colony is taken in parts only the part of the bank guarantee corresponding to the part of the colony completed shall be released: and provided further that always 1/5th bank guarantee shall be kept unreleased to ensure upkeep and maintenance of the colony or the part thereof, as the case may be, for a period of 5 years from the date of issue of the completion certificate under rule 22 or earlier till such time as the colonizer is earlier relieved of the responsibilities in this behalf by the Government or a local authority, as the case may be.[Part IV-A] [Part IV-A added vide Notification GSR65/PA-41/63/S-25 Amend. (1) 68 dated 31-7-1968.] Change of Land Use in Controlled Areas26A. Application for permission under Section 7 in case of a person other than colonizer.
- Every person other than a colonizer intending to change the existing use of the land in a controlled area for the purpose of developing the said land into buildings for residential, industrial, commercial or other purposes shall make an application in writing to the Director in Form CLU-1, accompanied by-26B. Information necessary to validate application under rule 26-A.
- No application under rule 26-A shall be considered to be valid until a plan and a copy of the deed required by rule 26-A have been furnished to the satisfaction of the Director. In case of failure of such compliance, the application together with the plan and copy of the deed shall be returned to the applicant for resubmission in accordance with these rules.26C. Applicant to be called upon to fulfill certain conditions.
26D. Conditions required to be fulfilled by the applicant.
- The applicant shall-26E. Grant of permission and form of order of grant or refusal to grant permissions.
26F. Duration of sanction.
- The permission granted under rule 26-E shall remain valid [for a period of two years from the date of order] [Substituted 'for a period of one year form the date of order' vide Haryana Government Notification No 8DP-97/3423 dated 25-3-1997.] during which period all works for putting the said land to the permitted use shall be completed :Provided that the permission may be renewed up to a further period of one year if the Director is satisfied that the delay in execution of works was for reasons beyond the control of the applicant.]Part V – Laying Out Means of Access to a Road Within Controlled Area
27. Application for permission under Section 8 for laying out means of access to a road in a controlled area [Sections 3, 8 and 25(2)(e)].
28. Restriction governing the grant of permission for laying out means of access in a controlled area [Sections 3, 8(1) and 25(2)(f)].
- No permission for application made under rule 27 shall be granted, unless -29. Information necessary to validate application under rule 27 [Sections 3, 8 and 25(2)(e)].
- No application under rule 27 shall be considered to be valid unless it is made on the prescribed form and is accompanied by the requisite number of plan and documents required to be furnished along with the application. In case of failure of such compliance, the application together with the plans and documents shall be returned to the applicant for submission in accordance with the rules.30. Form in which Order under Section 8(2) is to be passed [Sections 8(2) and 25(f)].
- After an application on the prescribed form containing the requisite information and accompanied by necessary documents as mentioned in role 27 is received, the Director shall, after making such inquiry as he considers necessary, pass an order under sub-section (2) of Section 8 in Form AC-II.31. Duration of permission [Sections 8(2) and 25(2) (e)].
- Every permission granted under rule 30 shall remain in force for a period of one year and if the means of access are not laid out within the aforesaid period according to the conditions attached with the order granting permission, the permission shall be deemed to have lapsed and in that case fresh permission will be necessary.Part VI – Licensing of Brick-Kilns Within Controlled Areas
32. Application for licence under Section 8 for setting up a brick kiln or brick field [Sections 8 and 25(2)(e)].
- Any person intending to use land within a controlled area for purpose of a charcoal-kiln, pottery-kiln, lime-kiln, brick-kiln or brick-field or for quarrying stone, bajri, surkhi, kankar or for other similar extractive and ancillary operation shall make an application in writing to the Director in Form BK-I accompanied by the following plans and documents in triplicate :-33. Information necessary to validate application under rule 32 [Sections 8 and 25(2)(e)].
- No application under rule 32 shall be considered to be valid unless it is made on the prescribed form and accompanied by the requisite number of plans and documents required to be furnished along with the application. In case of failure of such compliance, the application together with the plans and documents shall be returned to the applicant for resubmission in accordance with the rules.34. Restrictions governing the grant of licences [Sections 8 and 25(1)].
- No licence under rule 32 shall be granted unless -35. Form in which licence under Section 8(2) is to be given [Sections 8(1) and 25(2)(f)].
- After an application on the prescribed form containing the requisite information and accompanied by necessary documents as mentioned in rule 32 is received the Director shall, after making such inquiry as he considers necessary, grant a licence in Form BK-II or refuse to grant the same.36. Duration of licence [Sections 8(1) and 25(2)(f)].
- Every licence issued under rule 35 shall remain valid for [ [three calendar years] [Substituted vide Haryana Government Gazette Part I, dated 23-3-1982.] or a part of,] as the case may be, and will be renewable annually :Provided that if at any time or at the time of the renewal, any extension of land for the required purpose is necessary, the applicant shall make a fresh application for the same as required under rule 32 :Provided further that no fresh licence shall be necessary in case of extension and necessary amendment shall be made in the licence already issued.37. Fees for licence [Sections 7 and (2)(d)].
- Fees for every issue or renewal of a licence under rule 35 shall be [one thousand five hundred rupees] [Substituted vide Haryana Government Notification dated 8-10-1996.].Part VII – Building Rules
Section I - Introductory38. Definitions [Sections 8(2) and 25(1)].
- In this Chapter unless the context otherwise requires :-39. Application for erection or re-erection of building [[Sections 3, 8 and 25(2)(c)] [Substituted 'Sections 8 and 25(2)(c)' by Notification No. C-620(B)/STP(E&V)/2012/ 428, dated 21.3.2012.]].
40. Site Plan [Sections 8 and 25(2)(c)].
41. Building Plan.
- The building plan or plans shall be drawn to a scale of not less than one inch to every four feet and shall be submitted on distinct prints in triplicate two of which shall be mounted on cloth. One mounted copy shall be returned to the applicant with the words "Rejected'" or "Sanctioned", as the case may be, written on it. It shall show -42. Type plans [Sections 8 and 25(2)(c)].
- In case the applicant wishes to follow a type design of buildings approved by the Government he may obtain them from the Director at a fee fixed by the Government. These building plans along with relative site plan shall nevertheless be submitted as required by rule 39.43. Information necessary to validate application [Sections 8 and 25(2)(c)].
- No application under rule 39 shall be considered to be valid, unless it is made on the prescribed form and is accompanied by the requisite number of plans and documents required to be furnished along with the application. In case of failure of such compliance, the application together with plans shall be returned to the applicant for resubmission in accordance with the rules.44. Permission to erect or re-erect [Sections 8(2) and 25(2)(f)].
- After an application in the prescribed form containing the required informations and accompanied by necessary documents as mentioned in rule 39 is received, the Director shall, after making such inquiry as he considers necessary, pass an order under sub-section (2) of Section 8 in Form BR-III.45. Validity of sanctioned plans [Sections 8 and 25(2)(f)].
- If a building is not completed within two years of the date of permission, the permission will be deemed to have lapsed with respect to that portion of the building which has not been completed. In regard to the incomplete portion a fresh application shall be submitted in accordance with rule 39 :[Provided that multi-storeyed buildings (more than four storeyed or fifteen meters in height as the case may be) may be completed within five years of the date of permission or as may be specified by the Director, whichever is less.] [Proviso added vide Notification No. 5DP-94/3021 dated 23.3.1994.]46. Notice of commencement of work [Sections 8(2) and 25(2)(f)].
- A person who has been given permission under rule 44 and intends to commence his erection or re-erection shall give to the Director or to any person authorised by him in this behalf, not less than week's notice in writing of the date and time at which the erection or re-erection of the building will commence.47. Completion of building [Sections 8(2) and 25(2)(f)].
48. Use of site, type and character of buildings [Sections 8(2) and 25(2)(f)].
| *[Area of site | Maximum permissible coverage on ground including ancillaryand residential zone | Maximum permissible coverage on first floor |
| (a) For the first 225 mtrs to the total area of the site | 60% of such portion of the site | 55% of such portion of the site |
| (b) For the next 225 square mtrs i.e. portion of the areabetween 225 & 450 sq. mtrs. | 40% of such portion of the site | 33% of such portion of the site |
| (c) For the remaining portion of the site i.e. for theportion of the area exceeding 450 sq. mtrs. | 35% of such portion of the site | 25% of such portion of the site |