The Punjab New Capital (Periphery) Control Act, 1952 As applicable to Haryana

Punjab New Capital (Periphery) Control Act, 1952 
As applicable to Haryana  
Punjab Act No. 1 of 1953 
 
Received the assent of the President on the 12 th January 1953, and was first published 
in the Government Punjab Gazette (Extraordinary) of the 16th January, 1953. 
 
An Act to control and regulate the periphery of territories which immediately before 
the 1st Nov 1966, comprised the new capital of the state of Punjab. It is hereby enacted 
as follows: 
NOTE: 
Statement of Objects and Reasons - The Punjab Government are constructing a New 
Capital named "Chandigarh". The Master Plan providing for the future extension of the 
Capital will extend over a much greater area than the area than the area acquired so 
far the construc tion of the first phase of the Capital. To ensure healthy and planned 
development of the new city it is necessary to prevent growth of slums and ramshackle 
construction on the land lying on the periphery of the new city. To achieve this object 
it is necess ary to have Legal authority to regulate the use of said land for purposes 
other than the purposes for which it used to present. 
❖ Legislative History 
❖ Definition 
❖ Extent and Commencement 
❖ Selected Notification under Punjab New Capital (Periphery) Control Act ,1952 
❖ Schedule 
❖ Punjab New Capital (Periphery) Control Rules,1959 
❖ Forms 
Legislative History 
1. Amended by Punjab Act 14 of 1957. 
2. Amended by Punjab Act 30 of 1963 
3. Amended by Punjab Act 28 of 1962 
4. Amended by Punjab Act 25 of 1964 
5. Amended by Punjab Adaptation of Laws (State and Concurrent Subjects) 
Order,1968 
6. Amended by Haryana Act 38 of 1971. 
7. Amended by Haryana Act 22 of 1999. 
8. Amended by Haryana Act 3 of 2000. 
9. Amended by Haryana Act. 15 of 2001. 
10. Amended by Haryana Act 22 of 2003. 
 
 
1.     Short title, extent and commencement :- 
1) This Act may be called the Punjab New Capital (Periphery) Control Act, 
1952. 
2) [It extends to such part of the area in the State of Haryana as is adjacent to 
and within a  distance of ten miles on all sides from the outer boundary of 
the land acquired for the Capital   of the State  at Chandigarh as it existed 
immediately before the 1st November, 1966.] 
3) It shall come into force at once.   
2.   Definitions –  In this Act, unless the context otherwise requires – 
(1) “agriculture” includes horticulture, diary farming, poultry farming and the 
planting and upkeep of orchard; 
(2) “building” has the same meaning as is assigned to it in clause (2) of section 
3 of the Punjab Municipal Act, 1911 (Act III of 1911);  
(3) "Director” means the Director, Town and Country Planning Department, 
Haryana and includes any person for the time being appointed by the State 
Government, by notification in the Official Gazette, to perform all or any 
functions of the Director, under this Act;   
(4) “Commissioner” means the Commissioner and Secretary to Government, 
Haryana Town and Country Planning Department; 
[(4-A)] “Local Authority” means the Municipal Committee, Municipal Council or 
Municipal Corporation; 
(5) “Prescribed” means prescribed by rules made under this Act;   
(6) “road” means a metalled or unmetalled road, whether a thoroughfare or not, 
accessible to the public and maintained by the State Government or by a 
local authority; and 
(7) the expression “to erect or re-erect any building” has the same meaning as is 
assigned to it in clause (5) of section 3 of the Punjab Municipal Act, 1911 
(Act No. III of 1911); 
(8) 1“location premium” means an amount over and above the prescribed fee 
and charges that an applicant is willing to pay t o the State Government to 
obtain the permission against applications received under sub -section (1A) 
of section 6, as determined through bidding/auction process in pursuance 
of the policy issued by the State Government in this regard, from time to 
time.’. 
3.     Declaration of controlled area. 
The State Government may by notification in the official Gazette declare the 
whole or any part of the area to which this Act extends to be a controlled area 
for the purpose of this Act. 
 
 
1 Substituted by amendment Vide Haryana Act No. 08 of 2019 vide notification no. Leg. 8/2019 dated 31.01.2019. 
4.     Publication of plans of controlled area – 
(1) The Director shall within three months of the declaration under sub -section 
(1) of section 3 deposit at his office and at such other places as he considers 
necessary, plans showing the area declared to be a “controlled area” for the 
purposes of this Act, signifying therein the nature of the restrictions 
applicable  to the controlled area. 
(2) The plans so deposited shall be in the form prescribed and shall be available 
for inspection by the public free of charge at all reasonable times. 
 
5.    Restrictions in a controlled area. – 
Except as provided hereinafter, no person shall erect or re -erect any 
building or make or extend any excavation, or lay out any means of access to a 
road, in the controlled area save in accordance with the  plans and restrictions 
and with the previous permission of the Director in writing. 
6.    Applications for permission and the grant of or refusal of such permission- 
(1) Every person desiring to obtain the permission referred to in section 5 shall 
make an application in writing to the Director in such form and containing 
such information in respect of the building, excavation or means of access to 
which the application relates as may be prescribed: 
 2“Provided that for such uses for which limited number of  permissions 
have been prescribed, located in such land use zones of various notified 
development plans, where in the opinion of the State Government, the 
permissions are to be issued after invitation of bids or following an auction 
procedure in pursuance of the policy framed by the State Government in 
this regard from time to time, such application shall be considered to be 
valid only if it is filed in response to a notice of the Director and fulfils the 
prescribed terms and conditions.”; 
3“(1A) All such applications, for which limited number of permissions have been 
prescribed, received in response to the notice issued by the Director against 
policy for auction of permissions that are considered to be in order by the 
Director shall, in addition to the pre scribed requirements, also be liable for 
payment of location premium, as determined through the bidding/auction 
process, in such manner and in such time frame as conveyed by the 
Director. The amount received against location premium shall be utilised for 
provision, maintenance and augmentation of external development works as 
provided in the Haryana Development and Regulation of Urban Areas Act, 
1975 and shall be recovered in addition to the prescribed rates of 
development charges received against external development works from an 
applicant, if applicable.”; 
(2) On receipt of such application the Director, after making such enquiry as he 
considers necessary, shall, by order in writing, either – 
 
2 Substituted by amendment Haryana Act No. 08 of 2019 vide notification no. Leg. 8/2019 dated 31.01.2019. 
3 Inserted by amendment Haryana Act No. 08 of 2019 vide notification no. Leg. 8/2019 dated 31.01.2019. 
a) grant the permission, subject to such conditions, if any, as may be 
specified in the order; or 
b) refuse to grant such permission. 
(3) When the Director grants permission subject to conditions, or refuses to 
grant permission under sub - section (2), the conditions imposed or the 
grounds of refusal shall be such as are reasonable having regard to the 
circumstances of each case and the interest of the general public. 
(4) The Director shall not refuse permission to the erection or re -erection of a 
building, if such building is required for purposes subservient to agriculture, 
nor shall the permission to erect or re -erect any such building be made 
subject to any conditions other than those which may be necessary to 
ensure that the building will be used solely for agricultural purposes. 
(5) The Director shall not refuse permission to  the erection or re -erection of a 
building which was in existence on the date on which the notification under 
sub-section (1) of section 3 was made, nor shall he impose any conditions in 
respect of such erection or re -erection unless he is satisfied that t here is a 
probability that the building will be used for a purpose or is designed in a 
manner other than that for which it was used or designed on the date on 
which the said declaration was made. 
(6) If at the expiration of a period of three months after an ap plication under 
sub-section (1) has been made to the Director, no order in writing has been 
passed by the Director, permission shall, without prejudice to the restriction 
signified in the plans under section 4 be deemed to have been given without 
the imposition of any conditions: 
 4“Provided further that such time limit of three months shall not be 
applicable wherein limited number of permissions has been specified in 
notifications issued from time to time.” 
6-A.  Entry into land or building. – 
 The Director may authorise any person to enter into or upon any land or 
building with or without assistance of workman for the purpose of making any 
enquiry, inspection, measurement or survey or taking levels etc. :  Provided that 
no entry shall be made after s unset or before sunrise and without giving 
twenty-four hours notice to the occupier or owner of such land or building.] 
5“6-B.  Online receipt and approval. –  
(1) All functions performed under this Act may also be performed through 
electronics form and internet. 
(2) Without prejudice to the generality of sub -section (1), the functions may 
include all or any of the followings:- 
(a) receipt or acknowledge of applications and payments; 
(b) issue of approvals, orders or directions; 
(c) scrutiny, enquiry of correspondence for grant of permissions, its 
 extension; 
(d) approval of plans, grant of occupation certificate etc.; 
 
4 Inserted by amendment Haryana Act No. 08 of 2019 vide notification no. Leg. 8/2019 dated 31.01.2019. 
5 Inserted by amendment Haryana Act No. 08 of 2019 vide notification no. Leg. 8/2019 dated 31.01.2019. 
(e) filing of documents; 
(f) issue of notices for recoveries etc.; 
(g) maintenance of registers and records; 
(h) any other function that the Director may deem fit in public interest. 
7. Appeal. – 
The Director shall maintain a register  as may be prescribed with 
sufficient particulars of all cases in which permission  is given or deemed to 
have been given or refused by him under this section and the said register shall 
be available for inspection without charge by all persons interested and such 
persons shall be  entitled to be extract their form.  Any person aggrieved or 
affected by an order of the Director under sub - section (2) of Section 6 granting 
permission subject to conditions or refusing permission or orders passed under 
sub-section (2) of Section 12 may, within a period of sixty days from the date of 
such order prefer an appeal to the Commissioner and Secretary to Government, 
Haryana, Town and Country Planning Department, whose orders shall be final. 
8.   Compensation. – 
A person whose application has been refused or whose application has 
been granted subject to conditions, under sub -section (2) of section 6 shall be 
entitled to claim compensation within three months of the order of the Director 
under section 6 or the order of the Commissioner under section 7, if any, as the 
case may be, for any injury, loss or damage actually suffered on account of the 
order, in the manner hereinafter provided. 
9.    Arbitration for compensation. – 
(1) An application for compensation shall lie to an arbitrator appointed by the 
State Government in this behalf. 
(2) Such arbitrator shall be a person who is or has been a District Judge or an 
Additional District Judge and he shall have all the powers of an arbitrator 
under the Indian Arbitration Act, 1940, and the provisions of the said Act 
shall, so far as may be, apply in relation to proceedings before him. 
(3) In computing the compensation to be awar ded regard shall not be had to 
any consideration for advantages to be gained or improvements to be made 
in any land or building in the controlled area, with reference to their 
development or intended development in the future or to increase in value 
as a result of the development of the capital of the State at Chandigarh. 
(4) The arbitrator shall have power to reject the application, after due enquiry, 
or to make an award of compensation. 
 
 
10.    Savings. – 
Nothing in this Act shall affect the power of Governm ent or any other 
authority to acquire land or to impose restrictions upon the use and 
development of land comprised in the controlled area under any other law for 
the time being in force, or to permit the settlement of a claim arising out of the 
exercise of powers under this Act by mutual agreement. 
11.  Prohibition on use of land. – 
(1) No land within controlled area shall, except with the permission of the State 
Government, {and on payment of such conversion charges as may be 
prescribed by the State Government from time to time} be used for purposes 
other than those for which it was used on the date of notification under sub-
section (1) of Section 3 and no such land shall be used for the purposes of a 
charcoalkiln, pottery -kiln , lime -kiln, brick -field or brick -kiln or for 
quarrying stone, bajari or kankar, or manufacturing surkhi, or stone 
crushing, or for other similar extraction or ancillary operation except under 
and in accordance with the conditions of a licence to be obtained from the 
Director on  payment of such fees and on such conditions as may be 
prescribed or as may be specified in the order.] 
(2) The renewal of such licence may be made [after three years] on payment of 
such fees as may be prescribed. 
(3) No person shall be entitled to claim compensation for any injury, damage or 
loss caused or alleged to have been caused by the refusal to issue or renew a 
licence, except in cases where such kiln was in existence at the time of the 
notification under sub -section (1) of Section 3 and in which c ase an 
application shall lie to the arbitrator within three months of the order of 
refusal in the manner provided in Section 9. 
 
12.  Offences and penalties. – 
 (1) Any person who – 
(a) erects or re -erects any building or makes or extends any excavation 
or lay s out any means of access to a road in contravention of the 
provisions of Section 5 or in contravention of any conditions imposed 
by an order under Section 6 or Section 7, or 
(b) Uses any land in contravention of the provisions of sub -section (1) of 
Section 11; 
shall be punishable [with imprisonment of either description for a 
term which may extend to three years, and with fine which may 
extend to ten thousand rupees, and in the case of continuing 
contravention, with a further fine which may extend to five hund red 
rupees] for every day after the date of the first conviction during 
which he is provided to have persisted in the contravention. 
(2) Without prejudice to the provisions of sub -section (1), the Director may, by 
notice, served by post and if a person avo ids service, or is not available for 
service of notice, or refuses to accept service, then by fixing a copy of it on 
the outer door or some other conspicuous part of such premises or in such 
other manner as may be prescribed, call upon any person who has 
committed a breach of the provisions referred to in the said sub -section to 
stop further construction and to appear and show cause why he should not 
be ordered to restore to its original state or to bring it in conformity with the 
provisions of the Act or t he rules, as the case may be, any building or land 
in respect of which a contravention such as described in the said sub -
section has been committed, and if such person fails to show cause to the 
satisfaction of the Director within a period of seven days, t he Director may 
pass an order requiring him to restore such land or building to its original 
state or to bring it in conformity with the provisions of the Act or the rules, 
as the case may be, within a further period of seven days. 
(3) If the order made under sub -section (2) is not carried out, within the 
specified period, the Director may himself, at the expiry of the period of this 
order, take such measures as may appear necessary to give effect to the 
order. 
 Cost of the such measures shall, if no t paid on demand being made to him, 
be recoverable from such person as arrears of land revenue; Provided that 
even before the expiry of seven days period mentioned in the order under 
sub-section (2), if the Director is satisfied that instead of stopping th e 
erection or re -erection of the building or making or extending of the 
excavation or laying out of the means of access to a road, as the case may 
be, the person   continues with the contravention, the Director may himself 
take such measures as may appear n ecessary to give effect to the order and 
the cost of such measures, shall, if not paid on demand being made to him, 
be recoverable from such person as arrears of land revenue.] 
12-A.Composition of offences. – 
(1) The Director or any person authorized by the Director by general or special 
order in this behalf may, either before or after the institution of the 
proceedings, compound any offence made punishable by or under this Act. 
(2) Where an offence has been compounded, the offender, if in custody shall be 
discharged and no further proceedings shall be taken against him in respect 
of the offence compounded. 
 
12-B. Duty of police officers. – It shall be the duty of every police officer – 
(1) To communicate without delay to the Director or any other officer 
authorised in writing by him, in this behalf, any information which he 
receives of a design to commit or of the commission of any offence against 
this Act or any rules or regulations made thereunder; and 
(2) to assist the Director or any other officer authoris ed in writing by him, in 
this behalf, in the lawful exercise of any power vested in the Director or any 
other officer authorised in writing by him, in this behalf, under this Act or 
any rule or regulation made there under. 
 
12.C. Power to arrest. – 
(1) A police Officer not below the rank of Sub -Inspector shall arrest any person 
who commits, in his view, any offence under this Act or any rule made there 
under, and on demand declines to give his name and address, or gives such 
name or address which such officer has reason to believe to be false. 
(2) The person so arrested shall, without unavoidable delay, be produced before 
the Magistrate authorized to try the offence for which the arrest has been 
made, and no person, so arrested, shall be detained in custo dy for a period 
exceeding twenty -four hours without an order from the above mentioned 
Magistrate. 
12.D.Sanction of Prosecution. – 
 No prosecution for any offence punishable under this Act shall be instituted 
except with the previous sanction of the Directo r or any officer authorised by him in 
this behalf. 
13.  Trial of offences. – 
 No court inferior to that of a [Judicial Magistrate] of the first class shall be 
competent to try any offence punishable under this Act. 
13-A. Bar of jurisdiction. – 
 No Civil Court shall have jurisdiction to entertain or decide any question 
relating to matters falling under this Act or the rules framed there under. 
14.  Indemnity. – 
 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. 
15.  Exemption. – Nothing in this Act shall apply to- 
(a)  any building erected or re-erected for bonafide personal residential purposes 
and not above the height of eleven meters o r for purposes subservient to 
agriculture in the abadi area of any village as defined in the revenue records 
and the area adjacent to the abadi area of any village which the Government 
identifies for village expansion through a notification, published in t he 
Official Gazette, specifically to this effect subject to the condition that this 
area shall not exceed sixty per cent of the existing village abadi area: 
Provided that no such building shall be used for commercial purposes. 
(b) the erection or re-erection of a place of worship or a tomb or cenotaph or of 
a wall enclosing a grave -yard, place of worship, cenotaph or Samadhi on 
land which is, at the time of the notification under sub -section (1) of section 
3, occupied by or for the purposes of such place of  worship, tomb, Samadhi, 
cenotaph or graveyard; 
(c) excavations (including wells) or other operations made in the ordinary 
course of agriculture; 
(d) the construction of an unmetalled road intended to give access to land solely 
for agricultural purposes; 
(e) any Area policy within the limits of local authority. 
16.    Power to make rules. – 
(1) The State government may make rules to carry out the purposes of this 
Act, subject to the conditions of previous publication, and all such rules 
shall, as soon as ma y be possible, be laid before the Legislature for a 
period of fourteen days. 
(2) In particulars and without prejudice to the generality of the foregoing 
power such rules may provide for all or any of the following matters, 
namely :- 
(a)  the form in which the plans under section 4 are to be displayed 
and the matters to be contained therein; 
(b) the form in which applications under sub -section (1) of section 6 
shall be made and the information to be furnished in such 
applications; 
(c) in regulation of the laying out of means of access to roads; 
(d)  the fees to be charged for the grant and renewal of licences under 
section 10 and the conditions governing such licences; 
(e) principles and conditions under which applications for permission 
under this Act may be granted or refused. 
NOTIFICATIONS 
Important Notification under Punjab New Capital (Periphery) Control 
Act, 1952 
No. DTC-P-STP(E)/M-160/1958,- 
 In exercise of the powers conferred by clause (3) of Section 2 of the Punjab New 
Capital (Periphery) Control Act, 1952 (Punjab Act No. 1 or 1953), and all other powers 
enabling him in this behalf, the Governor of Haryana hereby appoints all Sub 
Divisional magistrates of Panchkula District to perform all the functions of the 
Director exercisabl e under Section 6 -A and 12 of the said Act in respect of the 
Controlled Areas under their jurisdiction. [Published vide Haryana govt. Gazette 
(Extra) dated 30.5.2002, at page 1132]. 
No. DTCP/STP(E)/M-160/3694,- 
 In exercise of the powers conferred by claus e (3) of Section 2 of the Punjab New 
Capital (Periphery) Control Act, 1952 (Punjab Act No. 1 of 1953), and all other powers 
enabling him in this behalf, and in suppression of Haryana Government, Town and 
Country Planning Department, notification No. 10/3/1 999-2 TCP, dated the 
29th September, 1999, the Governor of Haryana hereby appoints District Town Planner 
(Enforcement), Panchkula, to perform the functions of the Director, Town and Country 
Planning Department, Haryana, exercisable under Section 12 of the said Act in respect 
of the area to which the said Act extends. (Published vide Haryana Govt. Gazette 
(Extra) dated 20.11.2002]. 
 No. 2415-IV DP-72/1329 dated 4.4.1972. – In exercise of the powers conferred 
by Section  3 of the Punjab New Capital (Periphery) Control Act, 1952, the Government 
of Haryana hereby   declares the revenue estates of the villages specified in the 
schedule below , to be  controlled areas for the purposes of the said Act. 
 
SCHEDULE 
Serial 
No. 
Name of Village Hadbast No. 
1 2 3 
Tehsil Kalka, District Ambala 
1. Karan Pur 88 
2. Kholalhela 89 
3. Ram Nagar 90 
4. Nanakpur 91 
5. Ram Pur Jangi 92 
6. Kona 93 
7. Lehrondi 94 
8. Marranwala 95 
9. Sitomajra 96 
10. Gorakhnat 97 
11. Nowanagar 99 
12. Shahpur 98 
13. Kohla Mola 101 
14. Khokhra 100 
15. Khol Fateh Singh 102 
16. Prem Pura 103 
17. Ram Puri Suri 106 
18. Taikuana 107 
19. Rajipur 108 
20. Suraj Pur 109 
21. Mahabat Pur 110 
22. Milk 111 
23. Baghlana 112 
24. Pinjore 113 
25. Dewal 114 
26. Abdul Pur 115 
27. Ratt Pur 116 
28. Ferozepur 117 
29. Manak Puri Devi Lal 118 
30. Manak Puri Nanak Chand 119 
31. Manak Pur Thakur Dass 120 
32. Lohgarh 121 
33. Dhamala 122 
34. Majri Jaatan 123 
35. Khera 124 
36. Bisawal 125 
37. Gariran 126 
38. Kirat Pur 127 
39. Charnain 128 
40. Johluwal 129 
41. Khehawali 130 
42. Banoe Khudabaksh 131 
43. Banoe Shahwalia 132 
44. Nagal Ruttal 133 
45. Thane Keser 134 
46. Bar 135 
47. Paragain 136 
48. Kandiale 137 
49. Nagal Bhaga 138 
50. Paploha 139 
51. Majra Mehtab 140 
52. Tagra Kagan 141 
53. Tagra Sahu 142 
54. Tagra Hassua 143 
55. Tagra Hari Singh 144 
56. Tagra Kali Ram 145 
57. Kanguwalla 146 
58. Auriana 147 
59. Khera Sita Ram 148 
60. Bheron Keser 149 
61. Tagra Hakimpur 150 
62. Basdev Pura 151 
63. Dharam Pur 152 
64. Bitna 153 
65. Damdma 154 
66. Bhawana 155 
67. Jaithal 156 
68. Tipra 157 
69. Nlota 158 
70. Toran 159 
71. Dhatogran 160 
72. Kjiana 161 
73. Janauli 162 
74. Nala Dakrog 163 
75. Nala Damehara 164 
76. Nala Balog 165 
77. Jabrot 166 
78. Kohi 167 
79. Begharni 168 
80. Dhakrog 169 
81. Ghawai 170 
82. Dhamshoo 171 
83. Tibbi 172 
84. Birghutti 173 
85. Malla 174 
86. Nand Pur 175 
87. Kidar Pur 176 
88. Mal Pur 177 
89. Sandas Pur 178 
90. Jhalla 179 
91. Bansghati 180 
92. Fatehpur Alias Dewanwala 181 
93. Hari Pur (Hari Singh) 182 
94. Kharkuwa 183 
95. Dehra Guru 184 
96. Chikkan 185 
97. Jodh Pur 186 
98. Hari Pur Chapehar 187 
99. Ganesh Pur Bhorian 188 
100. Pattan 189 
101. Bhog Pur 190 
102. Nagal Sodhian 191 
103. Islam Nagar 192 
104. Bhagwan Pur 193 
105. Mira Pur Bakhshi Wala 194 
106. Rai Pur 195 
107. Kotian 196 
108. Gumthala 197 
109. Ghonki 198 
110. Nada 199 
111. Kundi 366 
112. Birferozeri 364 
113. Birbabupur 365 
114. Fatehpur 367 
115. Mahesh Pur 368 
116. Raili 369 
117. Abhepur 373 
118. Bhudhan Pur 372 
119. Suketri 376 
120. Bhainsa Tiba 377 
121. Balas Pur 378 
122. Judian 379 
123. Kurari 394 
124. Dhillan 380 
125. Dhamsoo 381 
126. Madal Pur 382 
127. Hari Pur 383 
128. Devi Nagar 384 
129. Majri 385 
130. Ferozepur Kallan 386 
131. Ferozepur Khurd 387 
132. Kharak Mangoli 388 
133. Suraj Pur 389 
134. Dara Kharoni 390 
135. Chandi Mandir 391 
136. Bir Ghaggar 392 
137. Kalka 393 
Tehsil Naraingarh, District Ambala 
138. Dabkori 224 
139. Bunga 225 
140. Asrai Wali 226 
141. Nadlan 227 
142. Kui Wali 228 
143. Nangal Mogi Nand 229 
144. Manori Wala 230 
145. Bana Madan Pur 231 
146. Ram Garh 232 
147. Mankan 233 
148. Bahani 234 
149. Lana 235 
150. Shimli Pur 236 
151. Behla 237 
152. Kot 238 
153. Jaswant Garh 239 
154. Bhoj Mataur 317 
 
 
 

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