LexThe Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963
Haryana · state statute
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The Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated
Development Act, 1963
Act 41 of 1963
Keyword(s):
Agriculture, Amenity, By-Pass, Commissioner, Controlled Area, Prescribed,
Road Reservation, Scheduled Road, Building, Erect or Re-erect Any Building
Amendments appended: 7 of 2004, 17 of 2004, 6 of 2007, 28 of 2012, 16 of
2014, 19 of 2018, 29 of 2021, 3 of 2022
230 SCHEDULED ROADS AND CONTROLLED AWS 11 963 : Pb. Act 41
RESTRIffION OF UNREGULATED DEE WF'MENT
to prevent haphazard and sub-smndard development along
scheduled roads and in controlled areas in the State of
'[Haryana].
Be it enacted by the hgislative of the St ate of Punjab in he Fou rteenth
year of the Republic oiLndia as follows :-
Short title and 1. (I) This Act may be called the Punjab Scheduled Roads and
extent. Controlled Areas Restriction of Unregulated Development Act, 1963.
(2) ,It extends to the whole of the State of 'maria].
Definitions. 2. In this A& unless the context ohenvise &uires,-
-cl) "agriculture" includes horticulture, dairy farming, poultry
farming and thc planting and upkeep of an orchard ;
(2) "amenityt' includes roads, water-supply, street lighting.
drainage, sewerage, public parks and any other convenience
which the Government may by notification specify for the
prrrposes of this Act ;'
(3) "by-pass"~eans a mad provided as a permanent diversion
to a schduledmad, wh_ethcr whic h diversion is situated within
or with'out the limits of a local authority and whether i t is
constructed beforf. or alterhe coqencemen~ of this Act ;
"(4) "Commissioner" me&$ Commissioner and Secretary to
Government, Huyan a, -Town and Country Planning
Depmen t ;]
(5) "controlied area" means an area declared under section 4 to
be a controlled area ;
(6) "Dktor" means the Director of Town and Country Planning
'[Haryanal, and includes any person for the time being
appointed by the Goveyment by notification to exercise and
perform all or any of he powers and functions of the Director
under this Acr and the rules made thereunder in respect of
any scheduled road or controlled area ; .
1. Substituled for lthe word "Punjab" by rhe Haryana- Adaptation of Laws
Order (State and Concurrent Subjects) Order, . . 1968,
2 Substituted by Haryana Acr 8 of 2001.
1963 : Pb. Act 41 1 SCHEDULED ROADS AND CONTROLLED AREAS 23 1
RESITICTlON OF UNREGULATED DEVELOPMENT
(7) "[he Government" means the Government of the State of
'[Haryana]. - . ,
(8) "prescribed means prescriM by rules made under this Act ; -
-(9] "road reservation, iri relation to a scheduled road" means the
land, whether metalled or unmetdled, which vests in the
' Government or the Central ~ovhent or a local authority
for the purposes of such road and the boundaries of which
are demarcated by pillars, posts or wires or in any other
manner ;
(10) "scheduled road" means a road specified in the Schedule to
this Act which is wholly situated within thestateof lwanal,
and, where, any road so spcifidis not smituated, he portion
of such road which is situated in the State of LIHaryana], and
includes a " by-pass", but does not include any part of such
road or portion, not being a by-pais, which is situated in the
, 8.. , ,
limits of a locd authority ;
'[Explmzafio~~-For the purposes of this clause ?ocA authority' mearis
a cantonmcnt board, municipal committee, notified area
committee or improvement tm t.]
(I-I) "building" means any shop, house, hut, outhouse, shed or sta ble,
whelher used for h2$urpase of human habitation or ohenvise
and whether of masonry, bricks, wad-mud, thatch, metal or
. any other material whatever; andinclcides a wall and a well ;
(12) "aenml or reerect a& buildingll, includes-
(a] any material aicntion or cnlargcmcnt of anY building,
(b) the convmion by struc~ a] teiation'into a place for human
. habitation of any buj lding not originally constructed for
human habiration, ..
1. Substiruted for lthe word "Punjab" by he Haryana Adapta~ion of Laws (Stale
and Concurrenl Subjtrls) Order, 1968. .. ' I:
2 Addd by Punjab Act No. 23 of 1924, secrion 2. ,
SCHEDULED ROADS AND CONTROLLED AREAS [I 963 : Pb. Act 41
232 REssRlqlON OF yWGU&ATED DEVELOPMENT
(c) the conversion into more than one place for human
habitation 0f.a building originally constructed as one such ,
place,
- ,..
(d) theconvekion of'~oorrnorcp1acesofhLman habibtion
. @to a gregter numbcr of such places,
(e) such alterations df a buildng as affect an altemlion of its
, ,
drainage or sanitary mgemenls or materially affect ils
SoCrairy; : ' ,
Ifl the addition of any rooms, building, outhouses, or other
structures to any building, and
(g) the construclion in a wall adjoining street or land not
hlonging to the owner of rhe wall, of a door opening on to
such street or lad.
Prohibition to 3. '~b~enon shall et'ecior re-erekt any building or make or extend
erest or re- agy excavation or I& out any of access to a mad [within one hunbed
erect buildings metek6neithersidcofthemadreservation ofabyc-passorwithiithifly
along meters on either side of the road reservati on of any scheduled road not bcing scheduled
roads. bye-pass] : . , , I
Provided that nothing in this section shall apply t*
(u) therepair to a building which was in existence mmcdiately
before the comrnencemen't of this Act or any erection or
. re-e&tion of such a building which does not involve any
sbuctural alteration or addition therein ; or
(b) the,e~tion or re-erection of a building, which was in
existence immediately before the commencement of his
- Act and which involves any structural alteration or addition,
with the permission of the Director ; or
(c) the laying out of any means of access to a road with the
permissjon of the Di-tor ,; or
(dl ~[the'ktion or re-erection of a motor-fuel-filling station
or a bus-queue-shelter with the permission of the
Dimtor] ;
1. Subsliluted for [he words "within thirty melets un either side of [he road
reservation of any scheduled read" by Punjab Acr No. 23 of 19U, section
3(i).
2. Added by Punjab Act NO. 23 of 1924, scclion 3.
1963 : Pb. Act 41 ] SCHEDULED ROADS AND CONTROLLED AREAS 233
RESTRICTION bF UNREGULATED DEVELOPMENT
[[(e) the publicutility buildings'and'community~se~'which
were in existence immediately k fore !he Commencemen
of the Punjab scheduled~badi and Controlled Areas
Restriction of Umgulated Development (h-yiana Second
Amen'dment and Validation) Acc, 1996.
E~~M~IL-- (1) 'T'ublic utility buildings" means building belonging
to Government, Government Controlled Organisations,
kal B&, ~01~tlryOganisatiohs and individuals which
are being used for the benefit of public at large without
profit motive ; and
(2) 'Commrmity assets' m-s assets belonging to Government,
Government Controlled ~r~anisiions, Local Bodies,
Voluntary Organisations and individuals which are ctcated
for the beneficial use of public at large without profit motive.]
. 4. (I) The Govcmnt may by notification delcalm the whoIe or Declaration of
any part of any area adjacent to and within a distance of - controlled
arE2.
(a) eight kilo-mcm on thc outer si& of the boundary danY
, tawn;or . .
I I
(6) two kilo-meters bn the out& sides of the boundary of any
industrial or housing estiireipubljc institution or an ancient
and historical monument, ,
spccifiedii . - such notifica~iion to be a controlled +ea for ihe purposes of this
Acl.
(2) TheGovem~ntshdldsocausethecontents ofthedeckuatim
made under sub-scclion (1) to be publishein at 1-t two newspapers printed
in alanguage olher than Glish. ,
5. (1) ~he''~i~ect&ihall, not later than three months from the Publication of
declaration under stid-~e~tio; (1) of section 4 or within such further period ea-
as the Government my allow,,pT+m plans in the prescri bed manner showing con&ollcd
area. the controuedarea and si@ ying therein he nacm of reslriclions and condi tions
proposed'to be made applicable to the controlled ma and submit the plans
to the Government.
1. Added by Havana Act IG of 1996. .
234 - SCI-&DULED ROADS ~h CONTROLLED AREAS I1963 : Pb. Act 41
RESTRICTION OF UNREGUI.ATED DEVELOPmNT
(21 Without prejudice ro the generality of he powers specified in
sub-section(l), the plans may provide for any one ormore of the following
matters, namely :-
(u) the divisions of any site into plots lor the erection or re-
. . erection of any build ng and the manner in which such pIo&
may to t&sferred to intending purchasers or lessees ;
, . ,,-
-(b)l., ~c allotment ~~reservation of lid for roads, open spaces,
gardens, recreation grounds, schools, markets and arher
public purposes ;
(c) the development of any site into a township or colony and
the ~strictions and conditions subject -to which such
devcl@ment may be undertaken or carried out ;
(d) hee erection or re erection of b+ldingson any siteandthc
restrictions and conditions in regard to the opcn spaces to
be kaihtained in or amund buildings and the height and
. character of buildings:; %, , ,
(el . the alignment ol buildings on any site ; .
Cfl the architectural features of the elevation or frontage of
buildings to be built on any site ;
(g) the amenitia to be-provided in relation to any site or
buildings on .such site whether before or after the
, . erection or reerection of buildings and the person or I,, '.
authority by whom such-'amenities are td'bk"
provided ;
I' .
(h) -ihe hibition or restrictions regarding erection or . ,
re-erection of shops. workshops, wareho-uscs or-
factories or buildings of a -specified 'architectural
, , feature lor buildings designed , . , . for . particular purposes
..;. -. ,
U;J! , in ,any locality ; , ., . .. ,
L,
- . [i) the maiiltenalice of walls, fenccs, hedges, or any other
structural or archi rectural construction and the height
at which -they shall be maintained ;
(j) the restrictions regarding the use of any site for
purposes other than the erection or re-erecti on of
buildings ;
1963 : Pb. Att 41 ] SCHEDUI-ED ROADS AND CONTROLLED AREAS 235
RESTRICTION OF UNREGULATED DEVELOPMENT
(k) any orher makr which is necessary for the proper pIanning
of any controlled area and for preventing building being
erected or re-erccted haphazardly in such area.
(3) The Government may either approve the pIans without
mdfications or with such modifications asit may considernecessaryor reject
the plans with directions to the Director to prepare fresh plans according to
such ktions.
(4) The Government shall cause to be published by notification -
the plans approved by it under sub-section (3) for the purpose of inviting
objections thereon.
(5) Any person may, within thirty days from he date of publication
of the notification under subsection (4), send to the Director his objection
and suggestion in writing, if any, in respect of such plans and theDirecror shall
consider the same and forward them with his recommendations to the
Government within aperid of sixty days from the aforesaid date.
(6) The Directorshall also give reasdhble opportunities to every
lwd authority, within whose local limits any land included in the controlled
area is-situated, to make any represcntati on with rcspect to the plans.
j
(7) After considering the objections, Suggestions and
representationsif any, and the recommendations of the~imtor thereon, the
Government shall decide as to the final plans showing thccontrolled area and
signifying herein the nature of resuictions and conditions applicable to the
conrolled area and publish he same in the Oficial Gmtle and in such other
, ,
manner as may he prescribed.
(8) hvisionmay bernadebyrulesmadeinthjsbch~withrespec~
to rhe fom andconren~of theplans and withkspect to the procedure to be
followed, and any other matter in connection with the,prepar.tioq, , ,, submission
and approval of the plans.
(9) Subject to the foregoing provisions of this section, the
Govemment may direct the Director to furnish such information as the
Govcmmint hay require for the purpose of approving the plans submitted to
it under this section.
236 SCHEDULED ROADS AND CONTROLLED AREAS [I963 : Pb. Act 41
RESTRICrION OF UNREGULATED DEVELOPMENT
Ercction or re- 6. Except as provided hereinai1er, no person shall erect or rc-erect
erection of building or make or extend any excavation or lay out any means of aaess
bui'dogs 'Icv to a road in a conrrolled area save in-accordance with the plans and the in controlled
areas. restrjctions and conditions referred to in section 5 and with the previous
permission of the Director :
, . Provided that no such permission shall k necessary for erection or re-
e.~tion of any building if suc h building is used or is to k used for agriculmal
purposes or purposes subservient to agriculture.
8 .. . ,
Prohibition on
usc of land in 7. (1) No land within thc controlled acra shall, except with he
conbolled permission of he Director ![and on payment of such conversion charges as.
arcas. may be pmcrikd by the Government from he to time] k used for purposes
'
other than those for which it was used on the date of publicalion of the
notification ~dersubsection (I) of sec tion 4, and no land within such conmdled
area shall be usedfor the purposes of a charcoal-kiln, pottery-kiln, lime-kiln,
brick-kiln or brick field or for quarrying stone, bajri, surkhi kankaror for
other similar extractive or ancillary operation except under and in accordance
with the con& tions of a licence fmm the Director on payment of such fees and
under such condi thns as may be prescribed.
-,
I[(IA) Lucai aulhoritie,fms and undertakings of Gbvemment,
colonisers and persons exemptedfmrn obtaining a &nce under the Haryana
Development and Regulation ofurban Areas Act, 1975, and authorities
involvd in land development will also k liable to pay conversion charges but
they shall be exempt from making an application under section 8 of
this Act.)
(2) The renewal of such Ii&ri&rnay bemade '[after three yean]
on payment of such fees as may be prescribed.
Power or '[7A. The Government may, in public interest, relax any resbictions or
relaxation. conditions~nsofarastheyrelatetolandusepre~cribedinhecontmllcdarea
. . in exceptional circkt ances.] ., -
Applicalion for 8. 1.1) Every person desiring to-bbtain the referred
permission etc. to in section 3 or section 6 or siction 7 or a licence. under section 7 shall and the grant of refused thereof, make an application in writing to the Director in such form and
containing such information in respect of the land, building, excavation or
1:- Inserted by Haryana Act 16 of 1996.
' I :
2. .~ubst'ituled by Haryaoa Act 11 of 1995.
-1963 : Pb. Act 41 1, SCHEDULED ROADS AND CONTROLLED AWS 237
RESTRICTION OF UNREGULATED DEVELOPMENT
means of access to a road to which the application relates as may be
prescribed.
m.
Y' (2) On receipt ofsuch application theDirector,aftermakingsuch
enquiry as heconsiders necessary, shall by order in writing either-
(a) grant the permission or licence subject to such conditj ons
if any, as may be specified in the order, or
(6) refuse to grant such permission or licence.
(3) The Dirctor shall not refuse permission to the erection or re-
erection of a building which was in existence in a controlled area on the datc
on which the notificatin under sub&lion (I) of section 4 waspublished, nor
shall he impose any condition in , respect . of such erection or re-erection unless
he is satisfied, afler affording to the applicant opportunity of being heard,
I
[ that there in a probability that the building will be used for a purpose, or is
designedin a manncr, other than that for which it was used or designed on the
'
daie on which the said notification was published
I
(4) If, at the expiration or's period of three months after an
application under sub-section (I) has been made to the Director, no order in
writing has been passed by the Di rector, the permission shall, without prejudice
to rhe restrictions and conditions signified in the plans published in the Official
Gazette under sub-section (7) of section 5, be deemed to havekn given
without the imposition of any conditions.
(51 The Director shall maintain such registcr as may be prescrikd
with sufficient particulars of dl such cases in which permission or license is
given or deemed to have been given or refused by him undcr this section, and
the said register shall be available for inspection without charge by all persons
interesled and such persons shall be entitIed to take extracts therefrom.
9. TheDirectormay authoriseany persontoenterintooruponany Power of enq
on land or land or building with or without assistants or workmen for the purpose of building far
making any enquiry, inspection measurement to survey or t&ng levels : survey etc.
Appeals.
238 SCHEDULED ROADS AND CONTROLLED AREAS 11963 : Pb. Act 4 1
RESTRICTION OF UNREGULATED DEVELOPMENT
Provided that.no entry shall be made except between the hours of
\
sunrise an sunset and without giving twenty-four hours notice to the occupier
or owner of such land or building.
1 0. Any person ag@eved or affected by TI order of the Dirctor under
sub-section (2) of =ti& 8 granting permission orlic~uz subject to conhtions
of refusing permission or license may, within sixty days from the date of such
order, prefer an appeal to of the l[~ommissioner].
Revision. '[IOA. The Government may call for the record of any case pcnding
before, or disposalof by any subordinate auhoiity for hepurpose of satisfying
itself as to the legality or.propricty of any proceedings or of any order made
thmin andmay pass such order in relation thereto it may think fit.
~OB. he~jrcctorma~, either of his own motion or on an applicafion
of kypaqinteresled review, and on so reviewing modify, reverse orconfnn
any orderpassed by himself or by any of his predecessbrs in office :
, .
Provided that--: . , . . . .
(a) when the Director proposes to review any order passed
by his predecessor in ofice, he shall first obtain the sanction
of the GoVemnt ;
.!>
(b) no application forteview of anordershall beentertained
unless it is made within a period of sixty days from the
date of passing of the order, or unless the applicant satisfies
the Dimtor rhat he had su6cient cam For not making the
application within that period ;
(c) no order shall be modified or reversed unless the pmies
concerned have been afforded a reasonable opportuniry
.of being heard ; , -
(d) no order against which an appeal has been preferred shall
be reviewed.]
1. Substitured by Haryana Act 16 of 1996 and runher substirutcd by Haryana Act
8 of 2001.
1. Inserted by Haryana Act 8 of 2001.
1963 :pb. Act 41 ] SCHEDULED ROADS AND CONTROLLED AREAS 239
RESTRICTION OF UNREGULATED DEVELOPMENT
11. The Director shall carry out such directions as may be issued to control by
him from time to time by rhcGovernment for the efficient adminishation of this Government.
Act. , .,
f,l 12.,(1) Any person who-
(a) erects or re-erects any building or makes or extends any
excavation or lays out any means of access to a road in
contravention of the provisions of section 3 or section 6 or
in contravention of any conditions imposed by an order
under section 8 or section 10; or
, .... - . , (b) . uses :myland in contravention of the of Sub:
. ,
' - , ~~~tion(i)ofseclio~~o~secti0ri10, .a. - .,
. .
shall be punishable with 2[imprisonrnent of either description for a term which
may extend to three years and shd l alsd be liable lo] fine which may extend to
l[fifty thousand rupees but not less than Len thousand rupees] and, in the case
of a continuing contravention, with a further fine which may extend to 3[one
<
thousand ] rupees for every day after the date of the first conviction during
which he is proved to have persisted in the contravention.
'[(2) Wirhout prejudrce to the provisions of sub-section (I), the
Director may, by notice, served by post Ad if apeson 'avoids service, or is
not wadable forscniceofndtiii, or&f& toaccept service, then by axing
a copy of it on thc outer door or some other conspicuous part of such premises,
or in such othcr manner as may be prescribed, call upon any person who has
committed a breach of the provisions referred to in the said sub-scctian to
stop further construction and to appear and show cause why he should not Ix
ordered to restore or its original state or to bring it in conformity with the
provisions of the Act or the rules, as the case may be, any building or land in
respect of which a conlravention such as described in the said sub-section
has been committed, and if such person fails to show cause to the satisfaction
. . of theDirector within a kriod of seven days, rhe Director riiay pass an order
requiring him to'restoie such land or building to irs original stateor to bring it
in conformity with the provisions of the Act or rules, as the case may be,
within a further period of seven days.
Offenccs and
pcnalties. ,
1. Substituted by Ilmyana Act 28 of 1971 and funher substituted by Haryana
Act 11 of 1999.
2. Inserted by Haryana Acr 7 of 1989.
3. Substiluted by Haryana Ac1 11 of 1999.
(3) If the order made under sub-section (2) is not carried out,
within the specified period the Director may him self at the expiry of he
. period of this order, take such measures as may appear necessary to give
effect to the order and the cost of the such measures shall, if not paid on
demand being made to him, be recoverable from such person as arrears of
land =venue :
Provided that even before the expiry of seven days period mentioned
in the order under sub-section (21, if the Director is satisfied rhat instead of
stopping the erection or re-erection of the building or making or extending or
the excavation or laying out of the means of access u~ a road, as the case may
be, ihe &-soh continues with the contravent ion, the Director may himself
take such measures as may 'appear necessary to give effect to the order sand
hecost of such measures, shall, if not paid on demand king made to him, be
recoverable from such person as arrears of land revenue.]
~uty of police [I 2A. It shall be he duty of every police officer-
05cers.
(i) 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 co&nissioi of any offence against this Act or any rule
or &&lati ., on made thereunder ; and
(ii) to assist the Director or any other officer authorised in
writing by him, in this behalf, in the lawful exercise of any
power vested in the Director or any other officer authorid
in writing by him, in this behalf, underthidct or any rule
or regulation made thereunder.
Power to arrest. 12B: (I) A police officer not below the rank of subinspector shall
arrest any person who cornmi ts, in his view, any offence againsl thrs Act or
any rule made thereunder, if the name and ;rrlrfress of such person be unknown
to him and ?such person, on demand declines to give his nqe and address,
or gives such name or address which such officer has rcason to believe to be
false.
(2) - The person so arrested shall, without unavoidable delay be
produced before the Magistrate authorised to try the offence for which the
1. Inserted by Hwyana Act 7 of 1989.
1963 : Pb, Act 41 1 SCHEDULED ROADS AND CONTROLLED AREAS 24 1
RESTRICTION OF UNREGULATED DEVELOPMENT
anal has ken made, and no person, so arrested, shall Ix detained in custody
for a period exceeding ~wenty-four hours without an order from the above
1
+, mentioned Magstrate.]
'[12C. (1) With effect from such date as the Government may, by C~nstitution of
notification, constibte aTribunal consisting of a 2[Chzlirman who is a retircd Tibunal.
Judge of tbc High Court] and amember of the rank of Chief Engineer having
special knowledge about mads and highways. If the Members of the Tribunal
are divided over some matter, the decision of [he Chairman of the Tribunal
shall prevail.
(2) ThcTribundshall havejlssi~ngatChandigarhoratmyorher
placeas per its convcnience.
(3) A person aggrieved by the orders of Dj rec tor passed under
sub-section (2) or sub-section (31, as rhe case may be, of section 12 of the
Act, may file an appeal to the Tribunal within a period of sixty days and the
decision of theTri bunal on such appeal shall be final. The Tri bunal shall also
hear Lhe cases involving constructions made up to 28th April, 1995 in violation
of the Act along scheduled roads and otherwise as if these were appeals
against the order of Director. Any case against the orders of Director passed
undcr sub-section (2) or subsection (3) of section 12 of the Act pending in
any court of law except High Court or Supreme Conrl shall be transferred
to thcTribunal.]
13. (1) Where an offence under this Act his bee'n committed by a OF^,,,,,
company, thecompany as well asevery personinchargeof,andresponsible companies.
to, the company for the conduct of its business at the time of thecommission
of the offence shall be deemed to k guilty of the offence and shall be liable to
be proceeded against and punished accor&ngly :
Provided that nothing conmned in this sub-section shall render
any such person liable to any puriishment if he proves that the offence was
committed without hs knowledge or that he exercised all due diligence to
prevent the cornrnssion of such offence.
(2) Notwithstanding anfigg contained in sub= tion (I], where
an offence under this Act has been committed by a company and it is
proved that the offence ,has been committed with the consefl or
connivance of,or chat the commission of the offence is artributable
to any neglect on thepart of, any Dirtcur, Manger, Secretary or other officer
1. Inscrled by Haryana Act I I of 1999,
2. Subsriruted by Hqana ACI 13 nf 1999.
Composition
of offences.
Tial of
offence and
specia 1
provision
=garding iine.
Sanction of
prosecution.
Officers to be
public servants.
Power lo nmend
the schedule.
Delegation.
242 SCKEDULW ROADS AND CONTROLLED AREAS I1963 : Pb, Act 41
~U%TRI(%ON OF UNREGULATED DEVELOPMENT
of the company, such Director, Manager, Secretary or other officer shaIl also
be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
I'
Erplanntion. - For the purposes of this section-
\ (a) "company" mas any body corporate and inc Ides a firm
or other association of individuals, and
(b) "duector" inrelationtoafm is apartnerinthefm.
14. (11 The Director or any person authorised by the Director by
gened or special order in this behalf may either or after the institution of the
proceedings compound my offence made punishable by or under thls Act.
(2) When an offence has been compounded me offender, if in
custody shall be discharged and no futher prodceedings shdl be taken against
him in respect of the offence compound,d
15. (1) No court inferior to that of a Magistrate of the ~irst-class
shall be competent to try any offence punishable under this Aci.
(2) Nohvirhstanding anyhng containedin section 32 of the Code
of Criminal Prmedure, 1898, it shalIbe lawful for any Magistrate of the First
Class to pass asentenceoffineexcedng the pecuniarylimitspecifiedin that
section as in force in any part of the State on any person convicted of an
ofPence punishable under this Act.
16. No prosecution For any offence punishable under this Acl shall k
instituted except with the previous sanction of the Director or any oFFicer
aulhorised in writing by theDirectorin this khlaf;-
1 7 . Thehror and every olher officer or employee acting under this
Act or the rules made thereunder shall be deemed to be a pubfic servanr with
in the meaning of section 21 of the Indian Penal Code.
18. The Government may by notification add to the Schedule to this
Act any other road not specified therein or omit there from any mad specified
therein, and on the issue of such a notification thc Schedule shall be deemed
to be amended accordingly.
19. (1) ~he~ovemmentma~bynotificationdircctthat any power
exercisable by it under this AC~, ixcept the power spifred in subsection (I)
of section 4,sub-s-ections (3) and(7) of section 5, section 18 and section 25,
shall. in relation to such marters and subject to such conditions, if any, as may
k specified in the norification,be exercisable also by such officer or authorily
subordinate tothe Government as may be spwjfied in thenotification. '-
1963 : Pb. Act 41 ] SCHEDULED ROADS AND CONTROLLED AREAS 243 .
RESTRICTION OF UNREGULATED DEVELOPMENT
(2) The Director may, with the approval of the Government, by
an order in writing delegate any of hs powem and functions under this Act or
y.,'
the rules made hereunder to such other officer's subordinate to him as may
be specified in such order-
20. (1 J No suit, prosecution or other legal proceeding s hall lie against Indemnity.
any person in respect of anything which is in good faith done or inrended to be
done in pursuance of this Act or the rules made thereunder.
(2) No suit or other legal proceeding shall lie against the
Govcrnrnent for any damage caused by anything which is in good faith done
or intended to be done in pursuance of this Act or the rules made thereunder.
- 2 1'. No civil court shall have any jurisdiction to entertain or decide any Bar of
quesuonrelatingtomattersfallingunderthisAc~ortherulesmadethe~under. Ju~dction of
civil cows.
22. Nothing in this Act shall apply t+ Exemptian.
(a) the areacomprisedin thedadideh ofany village;
, -.
[(a) the area adjacent to the abadi deh of any village whlch the
Govemmenr identifies for village expansion through a
notification, published in the Official Gazette, specifically
torhis effect subject to thecondition that this areashallnot
exceed sixty percent of the existing village abadi deh ;]
(b) theerectionorre-erectionofaplaceof worshiporatomb
or cenotaph or of a wall enclosing a grave yard, placc of
worship, cenotaph orsarnadhi on land which, on the date
of publication, of thc notification under sub-section {I) of
section 4, is occupied by or for the purpose of such
worship, tomb, cenotaph, grave yard or samadhi ;
(c) excavations (including wells) or other operalions made in
the ordinary course of agriculture ; and
(d) the construction of an unmetailed road in tended to give
access to land for agricultural purposes or purposes
subservient to agriculture.
1. Inscrted by Haryana Act 25 of 2003.
244 SCHEDULED ROADS AND CONTROLLED AREAS (1963 : Pb. Act 41
RESTRICHON OF UNREGULATED DEVELOPMENT
Effect of othcr 23. (1) Nothing in this Act shall affect the opention of-
laws.
{a) the Punjab newcapital (Periphery) Control Act, 1953
(Punjab Act I of 1953 .) ;
'
(c) the Punjab Slum Areas (Improvement and Clearance) Act,
i96i (hnjab~cr 24 of 1961);
(2) Save as aforesaid, the provisions of this Act and the rules
made thereund<r shall have effect notwithstanding anything incansistanr
them th dontaind in my other law.
(a) when permission required under this Act for doing any act
or taking any action in respect of any land has been
obtained, such act or action shall not be deemed to be
unlawfully done or taken by reason only of the fact that
permission, approval or sanction required under such other
law for doing such act or taking such action has not been
,., obtained ;
(b) when permission required under this Act for doing such
act or taking such action has not been obtained such act
or ac tion shall not be deemed to be lawfully done or taken
by rcason only of the fact that permission, approval or
sanction required under such other law for the doing of
such act or the taking of such action has been obtained.
Savings. 24. Nothing in this Act shall eff~t he power of the Government or
any other authority to acquire land orto impose mtnctions upon the use and
development of land comprised in the conmiled area under any other law for
the time king in force, or to permit the settlement of a claim arising out of the
exercise of powers under this Act by mutual agreement.
1. Omitled by the Haryana Adaptation of Laws (Stale and Concurrent Subjecrs)
- order. 1968.
. .
4 ' i; - .. 1: . -. . B
1963 : Pb. Act 41 1 SCHEDULED ROADS AND CONTR~~LED'AREAS 245
RESTRICTION OF UNREGliLATED DEVELOPMENT
-. . . . , 8:
25;.(11 The Govkrnment may.. by.notification and su'bject lo rhe Power to make
conditions 06 previous publicarion, make rules forcarryingou[ the purposes
1: of this Act. . I : I
- :.,,
(2) In particuli~r, and wi~hout prejudice to the generality or the
foregoing. power, such rules may ptnvide for all or any. of the following matters
name t y :-
((I) the manner, in which the plans in respect of a conti-ollcd
area shall be prepared under -sub-section (I) of
section 5 :
(h) the other manner in which [he final plans in respecr of ii
corm-olled area shul l be publjshed;
(c) the form and conrents of rhe plans in respect of a conlrof led
srwmd the procedure to k followed and any olher mailer
in connection with the prepartion, submission and approval
of Ihe plan ;
, -
(dl the conditions on which the licences under section 7 shall
be granted or renewed and rhe fees to be charged for rhe
grant and rcnewal thereof ;
(e) the form in which application for permission or licence
shall be made undcr sub-seclion (I) of section 8
and the informalion which shall be furnished
therein :
m the principles and conditions under which applicalions for
permission or licence under this Act may be grdn ted or
refused ;
(g) the formandmannerin which theregis~erreferredto in
sub-seclion (5) of section 8 shall be maintained ;
(11) thc procedure to be followed in hearing appeals under
'[sections 10 and 12C3 [he kes to be paid in respect
of. and the document which shall accompany, such
appeals : and
(i) any other matter which may be prescribed.
1. Subsli~uled by Haryana Acl 8 or 2001. (.
246 SCHEDULED ROADS AND CONTROLLED AREAS 11 963 : Pb. Act 11
, .' RESTRICTION OF UNREGIII-ATED- DEVELOPMENT ;.' 1 ! 1. ". -' - . , '
. ' .: ;:! .
Validation. '[Ndwirhstanding anything contained in any judgemenr, decree or order
of any courtoi6ther authority 10 ~he-conme; any aciion taken or king done -.
or pu+or6ng ib. ha+c keninken di'dond in pukl~vlci of the conimenccmcn~
of the Punjab Scheduled Roads and Controlled Areas ~cstriction of
~n~~ula~cd ~cvel,o~rnen~ , (~~mii , second ~rncndrncm and Validat, on) Aa.
1996, by the stetc ~ovem~enr oruny 6ffiar,orauthority of the ~ovemrnen~,
shilll be deemcd to be valid and effective and xcordingly- , .
(co ,all . . acls pr~ccdings or thing done or action taken by r he
Gavemmen~ or any officer or authori ty of the Government
in pursuance of thc provisions of,the said Act. for iiII
purposes, be deemcd to be, and 10 havc always been.
done or takcn-iri-accordance with laiv ;
(bj no suit or other proceedings shall be maintained nr
continued in any court or before any authority in pmumcc
~Fthc~mvisjonsof~hesaid~ct; ' '
(c) no coun or authority shall enforce any decree 01. order i 11
pursuance of he provisions of the said Act. ]
.f ,
. ,
I SLT sec~ions 2( 10) and 18 1
, , (I) Grand Trunk Road (from mlhi 10 Amri~sar and on the bordcr w~~h
Pakinan).
(3) * u .i. a a
, . .>,
* I
(3) . Del hi-Mnthura Road.. . . , . . . . , . :.. . -
, ,
(4) Delhi-Alwar Road. , .
,- ;(5) . plhi-Himr-Sulemanki Road; :
1. Omined by the Haryana,Adapralion of Laws.(Siate and Concurrent Subjecls) .. 1 < , . I..
. . Order. 1968:
. - . . ... .m. . - .. . , . - - 2 ,. . . . . .A . ., -. ,
.. - - . ..r l
1. Validation of Haryana Act 16 of 1996: . .
963 - Pb Act 4 1 ,I .SCHCDU&ED ROADS +ND CONTROLLED AREr!S 247 \& ,,? :.!{ , , .
E$S.~ICTI~~ , . gT I U~REGULATED - DE.VELOPMENT . .
(9) I,* + * * * * Ji- .;, . .
,I . ( 14) Kharkhauda-Delhi border Road. ., . , .,
, .. ,
(15) Sonepal-Murlhal Road.
,. , , ,
(IS) ' Soncpa~-Gohana bad.
(28) Pariala-PapanLNarrvana-Jind Road.] ' -
3[(29) ~onc~al-~ahil~aih Road starting froni S~nepiit upio Haryana-
U.P. Border.] , . ,, ., ,
: .!.:.,, I,, : I
1. Omitted by the Haryana Adaptarion ol' Laws (Stale and,Concurrcnl Subjecls)
Ordcr. 1968. . . .'! . . ., -, , I ..
1 Emeries 20 10 28 added by Punjab Ciovernrncnt Notificatifln No. 386 2TCP-&I/
- --- bG84 ;;dated-17th March:l9W, published in-hnjab ~overnme~~~azeltk;~an 1;
. ,., . I. 'I . I , .,,
d?ted$?th ~ar~h. IT)&!. , ,, - . I,.. , . : L 1 ,.... .
'I:., ' ..
3. Added by'Hnryana Government Notification No: S.O.48IP.A. 4 I163fS. t 8/69.
dated the28th May. 1969, published in Haryana Government Gazette Legislative
Supplement. Fan 111. dated the 3rd June. 1969.
, - .: , , . . , , .
348 SCHEDUI:EO ROADS AND COWROLLED AREAS '1 I 963 : Pb. Act 4 1
RES1RICl"ION OF UNREGCILATED DEVELOPMEM
II(30) _ Delhi-Jaipur Rnad. i.r.-
(I) National Hihway No.8 from Delhi Huryana boundary ro the start of
sector road dividing secror 17 and sector 18 of UrbanEs~alr. Gurpaon
: and
(11) Scctor road dividing seclar 17 and secror I8 of Urban Blatr, Gurgaon
and its conlinuation with realigned National Highway No. 8 upto
Harynna Rajasthan border"].
(3 1) New I-Iqana StatcHighway direct frnmMile No. 8 of Arnbala=l;~gzldhri
Road to Panchkula through Haryano Terrilury.
(32) Jind-Gahana Road.
(-73) Yamma ~a~ar-~ilas~ur-~adha~~ri~-h'~hin~rh-~ai~ur Rani-~aruala
Road.
(3) Arnbaln+Pcho~va- Kaiihal-Narwaiia-Uklana-Falehah3d Road.
(35) Ambuln-J agadhri Road.
(36) ~aharan~ur-Y amuna ~~~ar~~;ld~r.a-~i~li-~cho~va-~uhl~ ~oad.
(37) Kmal-Kaithal Road.
(38) Kaithal-Dcoban-Nikuran-Jind Koad (Sec~ion Dcoban lo Nikuran)
(3'3) Panipia-Assandh-Deoban-Kai~ ha1 Road.
(40) Karnal-ksandh-Jind-Hansi Road.
(41) lind-Rnhlak-Jhajar-Rcwnri Road.
(42) Namau I-Mohinderg;lrh-Dadri-Rhi~vani-Hansi-D:u~~~illa-Tohan;~ Road.
(43) Hissar-Scu8ani-Singhimi Road:
(44) Bhiwini-Loharu Road.
(46) Bahadurgnrh-Jhadar-Kosli-Kanina-Mobin- Road.
(47) Jhajjar-Dadri-Lohru Road:
, , . .
(49) Pdwal-Sohna-Rcwari :Nmaul Road.
Im) Uklana-Hissar Road.
(5 1) Gohana-Meham-Bh.i\vani Road. . . . .-
(52)'. :,Jind-Safidun Road.
(53) Jhzjjar-Sampla-Khahuda. Road.
1. illems (30) lo (53) added. side. Huyana ~ovcrnrnent h!otification No. 8.0.
2RA. 4114315. 18/7 1. daled the 31st September. 1g71. and published in '
~&yan$. Government Gazeae. Legislative ~u~~lernent, ' pact !1i1 dated 4th
'- Januq. 1972.1. I: I, ,- .. . .
:I . . , ,.,.. .
I . . ,;
I 463 : ~b. ~=i 4 i I SCHEDULED ROADS AND CONTROLLED AREIIS
RFSTRIflIOK 01: 1INRECiUI.ATED DEVELOPMEKT
?[(55) Del hi-Ciurgaon (Via D~nda~Hera) Road. , ,
(56) Kala-Amb-Ambala Road.
Knla-Amb-Sadhura Shabad-l'hnl Road.
Jagadhri-Pilonra Rrwd.
Kunjpura to Karnal Road.
Kaithal lo Khaunauri Upro Stale Border. . ,..
Jind-Bilrwala+Agr(~ha-Adampur-Bhadra (U'pio Kajasthan B<~rderr.
Flansi-Tosham Snlnali.
Jind-Mondhal-Bhiivani Road
Rcwnri-Dahihna-Kanina Road I
I.
hlohinder~arh-Salnali-Loharu.
Gurpx~n- Rcwari Road via Patxrlii (uplo Rajasthan Bordcr)
I Namaul-Singhana (Uplo Swe Boundary).
Kmal-KauI-Pehowa-PntiaIa.
KamaI-Ladwa-Shnhbild.
Gotrana-Satidon (via Jngsi)
Kaithal-Pariala Road (Uprv Haryann Border).
Shahajahanpur to Rcwari.
Jhajjar-Faru khnapr-CMu Rnad
Nimnpur-Narnaul
Scivani-Jhumpa-Rajgarh.
Budhlana-Ralia-Fatehabad-Bhatlu-Bhadra.
SarduI3garh-Sirsa-Ellenabad.
Mile 8 from Saha on Ambala-Jagadhri Road to Shahabad.
Panipat to Sanauli up1oU.P. Border.
Faridabad lo Dankaur Uplo U.P. Border.
I. Added by 82-SSTP-8 1 (Extra.), dated 28sl lmuary. 1981.
.-.
1 Added by Haeana Government Gnet te. (Extra.) No. 10DP-90116316, dated 3 la
December. 1990.
250 SCHEDULED ROADS AKD CON'I'KOLLEII AREAS 11963 ; Pb. Ac!41
RESTRICTIOX OF UNREGULATFI) DEVELOPMENT ! '' . '' .'- ,! .'
;:, . . .I ..
(S'l) Ddbwali-Chantala ( Upln S!e~e Bordcr).
La) Dadri-Jhajju Kalnn-Kadam Satnnli. "
(87) Nizampia-Nangal-Durgu-NnngaI Chaudhry .'
(8s) Narnaul-Nan@ Chaudhv-Uadhwi~l. ' '
(89) , Hi~el:PunlienaNagin a... . . .
(93 Hcdel- Illtvar-Nuh-Tnoru-Palaitdi-Raaudn.
(91) PiJi-Dhaij-Sohna. , .
(92) Palival-Hathin-U~ivar-Bhadi~s. ,. .
(93) Palwal-Mandokonl Nuh Road. ,
(W) . Mchrauli Guurgar~n Road IO Fiitidabad.1 I
FlARY/\NA GOVI'. GAZ. (EXI'RA.). MARCH l 1, 2004 :! i
(PHGN. 21, 1925 SAKA)
i
PART I
I.EGISL.\TIM I1ElJARTXIENT
Notification
'The l ith March. 2004
No. L,eg. 9/2004.- The Following Act of thc L.epislanilr ol tile State
"-1ar)ai~a rcccivcd the assent of thr- (+n~,ernor oFFlar)rana on rl?c 4th !vlarcl~, 2004
i and IS hcrrbv p~~hi~siicd lor gslieral informarlon :--
j
I3aryana Act No. 7 of 2001
J ; THE PLiNJAB SC:IIEVUI,ED ROADS AND CON'TROi.IzED IRE.4S
RESTRICTION 01.' UNREGULATED DEIIEI,OPMENT
i
i (IARYANA AXlENDkIENT) ACT. 2004
Arr
Ji117/ze1. 10 tlulend rife P~rrrjnO Schcdliied R~rids illid Co,n,-ulIcd
Rc?trlifio,l 01 iJr1,-c.?nloleri De~,eioa~~~rnr kc!. 1963. I?T ir.~ n!,p/icrr::,,ri
1 io !/IC Slorr, (?/H171:'01f<l
RE it enacted by tile L~gisIahu~'ofthe Stale ofl-laryana inlhe Fifty-liil11M;11
i ofthe Kepiiblic of India as follc\\:s :-
j 1. I'llis Act may he called the Punjah Scileiluleil Iiosds and C ntrtroll<tl \h.~:< ,)I,L
I .\'ear Rzstrict~on ot ljnrr.gulated Dcvclopmcnt iHdr)ii:na Anlcllrirnenr) i
I Act.2001
2. In sectran 2 ot l!~ P:~n]ah Schi?duied Roads 2nd Conrrclied Arcs, A~nc~~~lr~~~:~~~ ct$
I L (i) Ibr clause (10); the following clause shall br: stibslituted, llontely --
i
'(10) "scl~eduled road" rncalrs a road specif cd in ihi: Scllddulr lo this
Act which is ~vholly sihlatcd within the Sietc of Ilai yanzt, anrl,
i where. any road so speciiied is not sa s~luatzd, the po:!io~~ aC
such road, which is situated in the Shte oll~i~ryana and iilk.h~dcs
t a kgc-pass or erprcsswily but docs not includc any par1 r~i such
road or poitlorl, not bang a bye-pass or expressway. wliicll is
sitilatad in thc limits ola luc;il aullull-ity:
I
E.~pla,ii~tton.- I'or 111~ puiyostsoftl~isclausi 'Local a~~tl>o, ~vj' \ncans
a cantonmcnlbua~d. municipal comttce, notitied arm conlnilitcc or
all ilnprtlven~enl L~ust:';
38 H!\KYANh COVT. GAL. jEXl'lW.), MARCH 11, 2004
(PFIGN. 2 I, 1925 SAK.4)
(U) in clar~se (I?), in sub-clausc (2). for sign "." existing at the end, tlle
sign ";" shall he siihs:~tured;
(IU) after clause ( l2), the following claosc shall be added, namely . -
'(13) "e~prcssway" IlllidiLS aroad as iiuy bc llorliied by the Govern~ncni
fiolt~ ti~r 10 linic i!! the 0ffic:sI Gazctlr, and includcs rhcporlion ol's~~ch
road which is sitnilled in tile Stale oflioryana, witliiti or outside thc
Iin~its of a Local autllority '.
3. In section 3 of ihe prlnc~pai Act, lor the first pare, tlic iollowiiig para
shall be substituted, mniely :-
" No person shall crcct o! 1.e-crect any building or ln;~k? "I
cxtelrd any excevaliol~ oi layout any Incalls ofaccess to a road witlli~f
one Ilundred molels of eirller side ol' the ruad reservation of ;I
byc-pass or CKpteSSWay, or, wi~hii~ i11i1ty melers on cilher sidc oi'llic
road ~caervation of ally schedulcri road not bciiig byc-pass or
expressway : ".
4. In sub-seclion (I I orsection 7 oillle pri~lcipal Act,-
(i) for sign "." existing a1 the entl. rile s~gn ":' sllall be substlnlted:
(ii) the follo~.+~gproviso shall he added, nanlely :-
"Ft.o\,ldcd tllat any fct or cliargcs Ic~iable. I( no1 paid \i,idxn Ill~
specified penod, shall be i-ccovcrablc as arrears oilalld revenue. ".
5. Atier clause (f) ofsub-seetlon 12) ol'secllon 25 ofthe pri~ielpai Act, the
fi)llowing clause silall be subsritutrd. nanxly :-
'(ff) the recovery of arrears of !'cc and charzes idel seztlon 7:"
I< S. ivlADAN,
Secretary lo Ciovemnient Haryala,
12egislatExcerpt shown. Open the full act in Lexace.