The Punjab Laws (Special Provisions) Act, 2016

The Punjab Laws (Special Provisions) Act, 2016  
Government of Punjab  
Received the assent of the Governor of Punjab on th e 18th Day of October, 2016 and was published 
vide Notification No.  No. 35-Leg./2016. Dated the 21 st  October,2016 in the Punjab Govt. Gaz (Extra), 
Legislative Supplement, Part I Dated 21, 2016 (ASVN 29, 1938 SAKA)  
(Punjab Act No. 28 of 2016)  
An 
Act 
 to make special provisions for resolving the probl ems associated with the development of 
unauthorized colonies and thereby leading to infras tructure issues in the State of Punjab within a 
period of six months and for the matters connected therewith or incidental thereto. 
Whereas phenomenal increase in the population owing  to migration has put tremendous pressure 
on land and infrastructure in Punjab resulting in developments which are not in consonance with the 
master plan of cities and towns and the Punjab Apar tment and Property Regulations Act, 1995, in 
the State; 
Whereas the Government has constituted a Committee of Experts to look into the various aspects of 
unauthorized colonies and suggest a comprehensive strategy to deal with them; 
Whereas a strategy is proposed to be prepared by th e Government in the State of Punjab in 
accordance with the Punjab Housing and Habitat Policy for Urban Housing to all; 
Whereas action for violation of the provisions of t he Punjab Regional and Town Planning and 
Development Act, 1995 and the Punjab Apartment and Property Regulations Act, 1995, is causing 
avoidable hardship and irreparable loss to a large number of people; 
Whereas some time is required for making orderly ar rangements for solving problems of areas 
under unauthorized colonies; 
Whereas it is expedient to have a law to provide te mporary relief to the people of the State of 
Punjab against such action for a period of six mont hs within which various policy issues referred to 
above are expected to be finalized; 
And whereas the Punjab Laws (Special Provisions) Ac t, 2013 was enacted for a period of one year 
from the date of its commencement and further the P unjab Laws (Special Provisions) Act, 2014 was 
again enacted for a period of one year from the dat e of its commencement and the said period of 
one year of the operation of the Punjab Laws (Speci al Provisions) Act, 2014 has expired on the 5th 
day of February, 2016. A large number of applicatio ns for regularization of unauthorized colonies, 
plots and buildings have been received under the sa id Acts but a large number of people including 
Non Resident Indians and the persons working outsid e the State of Punjab comprising the 
personnels of Defence Forces and Para Military Forc es who could not apply earlier for regularization 
of unauthorized colonies, plots and buildings shall  also get an opportunity for regularization of thei r 
plots/buildings falling in unauthorized colonies. 
Be it enacted by the Legislature of the State of Pu njab in the Sixty-seventh Year of the Republic of 
India as follows:- 
1. Short title and commencement. - (1) This Act may be called the Punjab Laws (Speci al 
Provisions) Act, 2016. 
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette . 
(3) It shall cease to operate on the expiry of six months from the date of its commencement, except 
as respects things done or omitted to be done befor e such cease, and upon such cesser section 6 of 
the General Clauses Act, 1897 shall apply. 
2. Definitions.- In this Act, unless the context otherwise requires,- 
(a) "colony"  means an area of land not less than one thousand square meters divided or proposed to 
be divided into plots for residential, commercial or industrial purpose; 
(b) "competent authority"  means any person or authority appointed under section 8 of this Act; 
(c) "Government"  means the Government of the State of Punjab; 
(d) "master plan"  means master plans prepared and notified under the  Punjab Regional and Town 
Planning and Development Act,1995; 
(e) "public land"  means land owned by the Central or the State Gover nment, Boards and 
Corporations owned by the Central or the State Government, Public Sector Undertakings constituted 
under any law and the local authorities; 
(f) "punitive action"  means action taken by the local authority or the s pecial urban planning and 
development authority under the relevant law agains t unauthorized development and shall include 
demolition, displacement of persons or their busine ss establishment from their existing location, 
whether in pursuance of court orders or otherwise; 
(g) "section"  means a section of this Act; and 
(h) "unauthorized colony"  means a colony and includes 'apartment' which has been established by 
the person or promoter in contravention with the pr ovisions of the Punjab Apartment and Property 
Regulations Act, 1995 (Punjab Act 14 of 1995) 
(2) The definitions of the expressions 'apartment',  'authority', 'development charges', 'development 
works', 'external development works', 'internal dev elopment works', 'local authority', 'person', 
'promoter' or any other word used in this Act, but not defined shall have the respective meanings as 
assigned to them in the Punjab Regional and Town Pl anning and Development Act, 1995 and the 
Punjab Apartment and Property Regulations Act, 1995. 
3. Enforcement to be kept in abeyance. - (1) Notwithstanding anything contained in any oth er 
State law for the time being in force in the State of Punjab, any judgement, decree or order 
of any court or other authority to the contrary, an y rules, regulations or bye laws made 
thereunder, the Government shall, within a period o f six months from the commencement 
of this Act, take all possible measures to finalize  norms, policy guidelines and feasible 
strategies to deal with the problem of unauthorized  colonies with regard to the under-
mentioned categories, namely:- 
(a) land use in contravention of the Master Plan of  the area prepared under the provisions of the 
Punjab Regional and Town Planning and Development Act, 1995; 
(b) laid any unauthorized colony in contravention o f the provisions of the Punjab Apartment and 
Property Regulation Act, 1995; 
(c) erected or re-erected unauthorized buildings in  a colony in contravention with the provisions of 
the Punjab Regional and Town Planning and Developme nt Act, 1995 or the Punjab Municipal 
Corporation Act, 1976 or the Punjab Municipal Act, 1911 or the Punjab Town Improvement Act, 
1922 or any other law for the time being in force p rior to commencement of this Act, shall be 
deemed to have been suspended and no further puniti ve action shall be taken during the aforesaid 
period of six months. However, after the expiry of period of six months, the prosecution proceedings 
shall be continued in the cases, which are pending in the competent court of law except in the cases 
where the offence has been compounded and plot or b uilding, as the case may be, has been 
regularized by the competent authority under the aforesaid Act. 
(2) All notices issued by any local authority for i nitiating action against the categories of 
unauthorized colonies referred to in sub-section (1 ), shall be deemed to have been suspended and 
no punitive action shall be taken during the said period of six months. 
(3) Notwithstanding anything contained in this Act,  the Government may, at any time before the 
expiry of six months, withdraw the exemption by notification in the Official Gazette in respect of one 
or more of the categories of unauthorized development mentioned in sub-section (1). 
4. Disposal of pending applications. - (1) All pending applications received under the P unjab 
Laws (Special Provisions) Act, 2013 and the Punjab Laws (Special Provisions) Act, 2014 by the 
Department of Housing and Urban Development and the  Department of Local Government, 
shall also be dealt with under this Act. 
(2) If there is any pendency of applications receiv ed for regularization of unauthorized colonies 
under this Act, the same shall be allowed to be dea lt with even after the expiry of period of six 
months provided that no new application shall be entertained after the expiry of this Act. 
5. Regularization of unauthorized development. - Notwithstanding anything contained in any 
other State law for the time being in force and sub ject to payment of fee, development 
charges and fulfilment of terms and conditions, as may be determined in the policy to be 
framed by the Government under this Act, the develo pment shall be deemed to be 
regularized under the provisions of the respective Act, where action has been initiated for 
such violations. 
6. Provisions of this Act not to apply in certain case s.- During the period of operation of this 
Act, no relief shall be available under the provisi ons of section 3 in respect of the following 
categories of unauthorized development, namely:- 
(a) any construction unauthorisedly started or continued on or after the 1st day of April, 2013; 
(b) encroachment on public land; 
(c) area, which is notified under the Land Acquisit ion Act, 1894, the Right to Fair Compensation and 
Transparency in Land Acquisition, Rehabilitation an d Resettlement Act, 2013, the Forest 
(Conservation) Act, 1980, the Punjab Land Preservation Act, 1900, the Environment (Protection) Act, 
1986 and the Works of Defence Act, 1903 or an area covered under any other Central or State Act; 
and 
(d) any type of building as may be decided by the Government. 
7. Entitlement of claim.- No person shall be entitled to claim any benefit or relief unless all the 
terms and conditions have been fulfilled and the re quisite fee and development charges, as 
specified by the Government, have been deposited. 
8. Competent Authority.- The Government may, by notification in the Offici al Gazette, appoint 
competent authority to exercise and perform all or any of the powers and functions of the 
competent authority under this Act. 
9. Powers and functions of the competent authority. - (1) Any person intending to get 
unauthorized colony or plot or building regularized  under this Act, shall apply in writing to 
the competent authority for permission in such form  containing such particulars and 
accompanied by such documents and plans, as may be specified by the competent authority. 
(2) On receiving application having been duly made under sub-section (1) and on payment of change 
of land use, development charges, license fee or pe rmission fee, social infrastructure fund, 
compounding fee, the competent authority may pass an order:- 
(i) granting permission unconditionally; or 
(ii) granting permission subject to such conditions as it may think necessary to impose; or 
(iii) refusing permission; and 
(iv) where permission is granted subject to the con ditions or is refused on the ground of imposing 
such conditions, such refusal shall be recorded in the order and such order shall be communicated to 
the applicant. 
10. Appellate Authority.- The Government may, by notification in the Official Gazette , appoint 
an officer or an authority as appellate authority, to decide appeals against the orders of the 
competent authority: 
Provided that the Government may appoint as appella te authority more than one officer or 
authority and distribute the work amongst them in the manner as it may deem fit. 
11. Appeal against the orders of the competent authorit y.- (1) Any person aggrieved by any 
order of the competent authority under this Act, may within a period of thirty days from the 
communication of the order to him, prefer an appeal  to an appellate authority in such form 
and manner, as may be specified. 
(2) The appellate authority may, after giving an op portunity to be heard to the parties and to the 
competent authority, pass such order, as it may dee m fit, either confirming, modifying or setting 
aside the order of the competent authority, and rec ord its reasons in writing and the order of the 
appellate authority shall be final. 
(3) In discharging its functions, the appellate aut hority shall have all the powers under the Code of 
Civil Procedure, 1908 of a civil court while deciding an appeal. 
12. Power of Government to give directions. - The Government may, from time to time, issue 
such directions to the competent authority as it ma y deem fit, for giving effect to the 
provisions of this Act and it shall be the duty of the competent authority to comply with such 
directions. 
13. Protection of action taken in good faith.- (1) No suit, prosecution or other legal proceedings 
shall lie against any person for anything which is done in good faith or intended to be done 
in pursuance of this Act or any rule or any regulation made thereunder. 
(2) No act done or proceedings taken under this Act  by the competent authority shall be invalid 
merely on the ground of existence of any vacancy or  by reasons of defect or irregularity in its 
constitution or absence of any officer in its meeting. 
14. Bar of jurisdiction of courts. - No civil court shall have jurisdiction to enterta in any suit or 
proceedings in respect of any matter the cognizance  of which can be taken and disposed of 
by any authority empowered by this Act or the rules or regulations made thereunder. 
15. Power to make policy. - The Government may, by notification in the Official Gazette make 
policy for carrying out the purposes of this Act. 
 

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