The PUNJAB NEW CAPITAL (PERIPHERY) CONTROL ACT, 1952

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THE PUNJAB NEW CAPITAL (PERIPHERY) CONTROL ACT, 1952.

TABLE OF CONTENTS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Declaration of controlled area.
4. Publication of plans of controlled area.
5. Restrictions in a controlled area.
6. Applications for permission and the grant or ref usal of such permission.
7. Appeal.
8. Compensation.
9. Arbitration for compensation.
10. Savings.
11. Prohibition on use of land.
12. Offences and penalties.
12-A Offences by companies.
13. Trial of offences.
14. Indemnity.

15. Exemptions.
16. Power to make rules.

An Act to control and regulate the Periphery of the New Capital of the
State of Punjab [as that capital and State existed immediately before the
1st November, 1966.]

IT is hereby enacted as follows:-
1.(1) This Act may be called the Punjab New Capital (periphery) Control Act, 1952.

1. For statement of the objects and Reasons see Punjab Government Gazette
(Extraordinary), dated 24
th October, 1952, page 1192-h, for report of the join t Select
Committee, see Punjab Government Gazette , Part V, dated 28 th November, 1952,
pages 123-132, for proceedings in the Assembly, see Punjab Legislative Assembly
Debates, 1952.

2. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1957, page 566.
3. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1959, page 1001.
4. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1962, pages 677-73.
5. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1964, pages 935-37.
6. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1976, pages 209.
7. Added by Punjab Adaption of Laws (State and Conc urrent Subjects) Order, 1968.

2. NEW CAPITAL (PERIPHERY) CONTROL [1953: PB. Act I ]

[(2) It extends to that area of the State of Punjab which is adjacent to and is within a
distance of ten miles on all sides from the outer b oundary of the land acquired for the
Capital of the State at Chandigarh as that Capital and State existed immediately
before the 1 st November, 1966.]
(3) It shall come into force at once.
2. In this Act , unless the context otherwise requires-
Definitions
(1) “agriculture” includes horticulture and the planting and upkeep of orchard ;

(2
)

“building” has the same meaning as is assigned to i t in clause (2) of section 3 of the
Punjab Municipal Act, 1911 (Act III of 1911);
(3) “Deputy Commissioner” means the Deputy Commissioner of the District and includes any
person for the time being appointed by the State Government, by notification in the Official
Gazette, to perform all or any of the functions of the Deputy Commissioner

under this Act;
3 [(4) “Commissioner” means the Commissioner of Patiala Division and includes any person
for the time being appointed by the State Governmen t, by a notification in the official
Gazette, to perform all or any of the functions of the Commissioner under this Act.]

(5) “Prescribed” means prescribed by rules made und er this Act;
(6) “road” means a metalled or unmetalled road, whe ther 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 build ing” has the same meaning as is
assigned to it in clause (5) of section 3 of the Pu njab Municipal Act, 1911 (Act No. III
of 1911).
3 1953: Pb. Act I] NEW CAPITAL (PERIPHERY) CONTROL

Declaration of Controlled area.-

3. (1) 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 b e a controlled area for the purposes
of this Act.

(2) Not less than three months before making a decl aration under sub-section (1) the
State Government shall cause to be published in the official Gazette, and in at least
two newspapers printed in a language other than Eng lish, a notification stating that it
proposes to make such a declaration, and copies of the notification or of the
substance thereof shall be published by the Deputy Commissioner in such manner as
may be prescribed at his office and in the area desired to be controlled.

Publication of Plans of controlled area.-
4. (1) The Deputy Commissioner shall within three mon ths 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 pre scribed and shall be available for
inspection by the public free of charge at all reasonable times.

Restrictions in a controlled area.-
5. Except as provided hereinafter, no person shall ere ct or re-erect any building or make
or extend any excavation, or lay out any means of a ccess to a road, in the controlled
area save in accordance with the plans and restrict ions and with the previous
permission of the Deputy Commissioner in writing.

Applications for permission and the grant or refusal of such permission.-
6. (1) Every person desiring to obtain the permission referred to in section 5 shall make an
application in writing to the Deputy Commissioner i n 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) On receipt of such application the Deputy Commi ssioner, after making such enquiry
as he considers necessary, shall, by order in writing, either -
(a) grant the permission, subject to such condition s, if any, as may
be specified in the order; or
(b) refuse to grant such permission.
(3) When the Deputy Commissioner grants permission subject to conditions, or refuses
to grant permission under sub-section (2), the cond itions imposed or the grounds of
refusal shall be such as are reasonable having rega rd to the circumstances of each
case and the interest of the general public.

(4) The Deputy Commissioner shall not refuse permis sion to the erection or re-erection of
a building, if such building is required for purpos es 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 Deputy Commissioner shall not refuse permis sion to the erection or re-erection
of a building which was in existence on the date on which the notification under sub-
section (2) of section 3 was made, nor shall be imp ose any conditions in respect of
such erection or re-erection unless he is satisfied that there 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 month s after an application under sub-section
(1) has been made to the Deputy Commissioner no ord er in writing has been passed
by the Deputy Commissioner, permission shall, witho ut prejudice to the restriction
signified in the plans under section 4 be deemed to have been given without the
imposition of any conditions.

(7) The Deputy Commissioner shall maintain a regist er as may be prescribed with
sufficient particulars of all cases in which permis sion is given or deemed to have
been given or refused by him under this section, an d the said register shall be
available for inspection without charge by all pers ons interested and such persons
shall be entitled to take extracts therefrom.

7.Appeal .- (1) Any person aggrieved or affected by an order of the Deputy
Commissioner under sub-section (2) of section 6 granting permission subject to
Conditions or refusing permission, may within sixty days from the date of such order
prefer an appeal to the Commissioner.

(2) The order of the Commissioner on appeal shall b e final.

8.Compensation.- A person whose application has been refused or wh ose application has
been granted subject to conditions, under sub-secti on (2) of section 6
shall be entitled to claim compensation within thre e months of the order
of the Deputy 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 herein after 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 bee n 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 awarded regard shall not be had to any
consideration for advantages to be gained or improv ements 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 a s a result of the development of the
capital of the State at Chandigarh 1[ as that Capital and State existed immediately
before the 1 st November, 1966.]

(4) The arbitrator shall have power to reject the appli cation, after due enquiry, or to make
an award of compensation.

10.Savings .- Nothing in this Act, Shall affect the power of G overnment 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 la w 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 a controlled area shall, except with the
prohibition on permission of the State Government, be used for purposes other than
those for which it was used on the date of notifica tion under sub-section (2) of section
3; and no land shall be used for the purposes of a charcoal-kiln, pottery-kiln, lime kiln or
brick-field or brick- kiln [or manufacturing surkhi or crushing stone] except under, and in
accordance with, the conditions of a licence from t he Deputy Commissioner on
payment of such fees and under such conditions as may be prescribed.

(2) The renewal of such licence may be made annuall y on payment of such fees as may
be prescribed.
(3) No person shall be entitled to claim compensati on for any injury, damage or loss
caused or alleged to have been caused by the refusa l to issue or renew a licence,
except in cases where such kiln 2[or work of manufacturing surkhi or crushing stone,
as the case may be,] was in existence at the time of the notification under sub-sectin
(2) of section 3 and in which case an application s hall 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 ex tends any excavation or lays out any
means or access to a road in contravention of the p rovisions 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 provisio ns of sub- section (1) of section 11;
Shall be punishable with [imprisonment of either de scription for a term which may
extend to two years and fine which may extend to fi ve thousand rupees] and in the
case of a continuing contravention with a further f ine which may extend to fifty
rupees for every day after the date of the first co nviction during which he is proved to
have persisted in the contravention.

(2) Without prejudice to the provisions of sub-sect ion (1), the Deputy Commissioner, after
making such enquiry as he considers necessary and a fter affording an opportunity of
being heard to the person concerned, is satisfied t hat such person has committed a
breach of the provisions of the said sub-section he may pass an order requiring that
person] to restore to its original state or to brin g into conformity with the conditions
which have been violated, as the case may be, any b uilding or land in respect of
which a contravention such as is described in the s aid sub-section has been
committed, and if such person fails to do so within
4[six weeks] of the order, may
himself take such measures as may appear to him to be necessary to give effect to
the order and the cost of such measures shall be recoverable from such person as an
arrear of land revenue.

5[12-A. (1) Where an offence under this Act has been commi tted Offences by a
company, every person who at the time the offence w as committed companies was in
charge of, and was responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment, if he proves that the off ence was committed without his
knowledge or that he had exercised all due diligenc e to prevent the commission of
such offence.

(2) Notwithstanding anything contained in sub-secti on (1), where any offence under this
Act, has been committed with the consent or conniva nce of, or is attributable to any
neglect on the part of, any director, Manager, Secr etary or other officer of the
company, such director, manager, secretary or other officer shall be deemed to be
guilty of that offence and shall be liable to be pr oceeded against and punished
accordingly.

Explanation:- For the purpose of this section,--

(a) “company” means anybody corporate and includes a firm or other
association of individuals; and
(b) “director”, in relation to a firm, means any pa rtner in the firm.]

13. Trial of offences .- No court inferior to that of a
1[Judicial Magistrate] of the first of
class shall be competent to try any offence punishable under this Act.

14. Indemnity .-NO suit, prosecution or other legal proceeding s shall lie against any
person for anything which is in good faith done or intended to be done under this
Act.
3[(2) No suit or other legal proceeding shall lie ag ainst the Government 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.]

4[14-A. The Deputy Commissioner may, by an order published in Delegation the Official Gazette,
delegate any of his powers and functions under this Act or the rules made thereunder
to such officer not below the rank of an Extra Assi stant Commissioner subordinate to
him as may be specified in such order.]

15. Exemption.- Nothing in this Act shall apply to:-

(a) any building for residential purposes or for pu rposes subservient to agriculture in the
abadi area of any village as defined in the revenue records;
(b) the erection or re-erection of a place of worsh ip or a tomb or cenotaph or of a wall
enclosing a graveyard, place of worship, cenotaph o r Samadhi on land which is, at
the time of the notification under sub-section (2) of section 3, occupied by or for the
purposes of such place of worship, tomb, Samadhi, cenotaph or graveuyard;

(d) the construction of an unmetalled road intended to give access to land solely for
agricultural purposes.

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 may be possible, be laid before t he Legislature for a period of fourteen
days.

(2) In particular and without prejudice to the gene rality 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-sectio n (1) of section 6 shall be
made and the information to be furnished in such applications;
(c) the regulation of the laying out of means of ac cess to roads;
(d) the fees to be charged for the grant and renewa l of licenses under section10
and the conditions governing such licences;
(e) principles and conditions under which applicati ons for permission under this
Act may be granted or refused.

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