The PUNJAB LAWS (SPECIAL PROVISIONS FOR REGULARIZATION OF UNAUTHORIZED COLONIES)

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PUNJAB GOVT. GAZ. (EXTRA), APRIL 19, 2018 45 
(CHTR 29, 1940 SAKA) 
PART I 
GOVERNMENT OF PUNJAB 
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB 
NOTIFICATION 
The 19th April, 2018 
No.11-Leg./2018.-The following Act of the Legislature of the State of 
Punjab received the assent of the Governor of Punjab on the 16th day of April, 
2018, is hereby published for general information:- 
THE PUNJAB LAWS (SPECIAL PROVISIONS FOR 
REGULARIZATION OF UNAUTHORIZED COLONIES) 
ACT, 2018. 
(Punjab Act No.10 of 2018) 
AN 
ACT 
to make special provisions for better planning and regulating the 
development of unauthorized colonies, plots and buildings falling in unauthorized 
colonies, which are causing infrastructure and public safety issues in the State 
of Punjab and for the matters connected therewith or incidental thereto. 
Whereas, in order to make provision for better planning and regulating 
the development and use of land in planning areas, for preparation of Regional 
Plans, Master Plans and implementation thereof and for undertaking urban 
development and housing programmes and schemes, the Punjab Regional and 
Town Planning and Development Act, 1995 (Punjab Act No. |] of 1995) was 
enacted by the State of Punjab, which came into force on and with effect from 
the Ist July, 1995; 
Whereas, in order to regulate the promotion of construction, sale, transfer 
and management of apartments on ownership basis and to regulate colonies 
and for matters connected therewith, the Punjab Apartment and Property 
Regulation Act, 1995 (Punjab Act No. 14 of 1995) was enacted, which came 
into force on and with effect from the 30th October, 1995: 
Whereas, due to large scale migration of population from rural area to 
urban area, the population has increased many fold on urban settlement resulting 
in higher demand for housing and civic infrastructure and comparatively less 
number of promoters came forward to obtain colony licenses under the Punjab 
EEO eee
46 PUNJAB GOVT. GAZ. (EXTRA), APRIL 19, 2018 
(CHTR 29, 1940 SAKA) 
Apartment and Property Regulation Act, 1995 for development of planned 
colonies in the State. Resultantly, a large number of unauthorized colonies 
mushroomed in the State. However, in the absence of effective implementation 
of the said Acts, not much exercise could be undertaken to demolish the 
unauthorized colonies and also the buildings constructed on plots during all 
these years; 
Whereas, during all these years spanning over last about two decades, a 
large number of colonies have come up without approval of the competent 
authority and a large number of residential or commercial buildings have been 
constructed in these colonies without approval and without proper facilities 
and it is not in the public interest to demolish such a huge number of unauthorized 
colonies or buildings uprooting the public at large: 
Whereas, the Government had constituted a committee of Experts to 
suggest a strategy to deal with this situation, which after assessing the ground 
realities has suggested not only the unauthorized colonies and buildings situated 
in such colonies should be regularized by framing a policy but basic amenities 
should also be provided in such colonies to give breathing space to the residents 
of these colonies; 
Whereas, after considering the suggestions of experts, it has been 
considered necessary in the larger public interest to provide relief to the people 
of the State by regularizing unauthorized colonies or buildings within the policy 
framework to be specified by the Government, 
Whereas, in order to bring all these unplanned areas into the fold of 
planned development and to ensure provision of basic amenities for better 
quality of life to the residents of these colonies, the Government of Punjab had 
earlier enacted the Punjab Laws (Special Provisions) Act, 2013, which had 
been further re-enacted in the year of 2014 and again in the year of 2016 for 
the framing of policies. Out of these three enactments, the first two remained 
operative for a period of one year each i.e. from the 17th April, 2013 to the 
16th April, 2014 and the 6th February, 2015 to the Sth February, 201 6,respectively. 
Whereas the third enactment remained operative for a period of six months 
i.e. from the 21st October, 2016 to the 20th April, 2017. However, some of the 
colonizers or plot holders of the unauthorized colonies could not apply for 
regularization under the previous policies and also some amendments are 
required to be made in the previous policy so that maximum number of un- 
authorized colonies could be covered under the new policy; 
tintin eet
VW. 
PUNJAB GOVT. GAZ. (EXTRA), APRIL 19, 2018 47 
(CHTR 29, 1940 SAKA) 
And whereas, it is expedient to have a law to provide relief to the people 
of the State of Punjab residing in unauthorized colonies. 
BE it enacted by the Legislature of the State of Punjab in the Sixty-ninth 
Year of the Republic of India as follows:- 
1. (1) This Act may be called the Punjab Laws (Special Provisions for Short title and 
Regularization of Unauthorized Colonies) Act, 2018. COMUNERES MERE. 
(2) It shall come into force on and with effect from the date of its 
publication in the Official Gazette. 
2. (1) Inthis Act, unless the context otherwise requires,- Definitions. 
(a) “appellate authority” means appellate authority appointed under 
section 10; 
(b) "Colony" means an area of land not less than one thousand 
square meters divided into plots for residential, commercial or 
industrial purpose; 
(c) "Competent Authority" means any person or authority as 
specified in section 7 to exercise and perform all or any of the 
powers and functions of the Competent Authority under this Act; 
(d) "Government" means the Government of the State of Punjab; 
(e) “Master Plan" means master plan prepared and notified under 
the Punjab Regional and Town Planning and Development Act, 
1995; 
(f) "Public Land" means land owned by the Central or the State 
Government, Boards or Corporations constituted under any 
Central or State law or owned by the Central or-State Government > 
including the land owned by Gram Panchayat or Municipality; 
(g) “punitive action" means action taken by the local authority or 
the competent authority under the relevant law against unauthorized 
development and shall include demolition, displacement of persons 
or their business establishment from their existing location, whether 
in pursuance of court orders or otherwise; 
(h) “Residents Welfare Association (RWA)” means a society of 
the plot holders of an unauthorized colony or a cooperative society 
registered under the Societies Registration Act, 1860; 
(i) “section” means a section of this Act; and
Disposal of 
pending 
applications. 
Regularization of 
unauthorized 
development. 
?rovisions of this 
Act not to apply 
n certain cases. 
48 PUNJAB GOVT. GAZ. (EXTRA), APRIL 19, 2018 
(CHTR 29, 1940 SAKA) 
() “unauthorized colony" means a colony and includes a or apartments constructed in such colony, which has been d by promoter in contravention of the Provisions of th Apartment and Property Regulation Act, 
1995), 
building 
eveloped 
e€ Punjab 
1995 (Punjab Act 14 of 
(2) The definitions of the expressions ‘apartment’, ‘authority’ “development charges’ , ‘development works’, ‘externa! development works*, “internal development 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 Planning and Development Act, 1995 and the Punjab Apartment and Property Regulations Act, 1995. 
3. All pending applications received by the local authority or the competent 
authority under the Punjab Laws (Special Provisions) Act, 2013, the Punjab 
Laws (Special Provisions) Act, 2014 and the Punjab Laws (Special Provisions) 
Act, 2016, shall also be dealt with under this Act. 
4. Notwithstanding anything contained in any other State law for the time 
being in force and subject to payment of fee, development charges and 
fulfillment of terms and conditions, as may be determined in the policy to be 
framed by the Government under this Act, the development shall be deemed 
to be regularized under the provisions of the respective Act including where 
any action has been initiated for such violations. 
5. During the period of operation of this Act, no relief of regularization 
shall be available under the provisions of section 3 in respect of the following 
categories of unauthorized development, namely:- 
(a) any unauthorized construction or development raised or continued 
on or after the 19th day of March, 2018: 
(b) encroachment on public land; 
(c) unauthorized development raised on area, which is notified under the 
Land Acquisition Act, 1894, the Right to Fair Compensation and 
Transparency in Land Acquisition, Rehabilitation and 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 anv other Central or State Act: 
(d) Unauthorized development raised on land falling in restricted areas 
along Scheduled Roads and National Highways or any other restricted 
area declared under any other Central or State law; 
|
  
PUNJAB GOVT. GAZ. (EXTRA), APRIL 19, 2018 49 
(CHTR 29, 1940 SAKA) 
(e) any other type of land or building as may be decided by the 
Government; and 
(f) Unauthorized Marriage Palaces and the unauthorized stand alone 
buildings for which the Government has notified separate policies. 
6. | Noperson shall be entitled to claim any benefit or relief of regularization 
under this Act unless all the terms and conditions have been fulfilled and the 
requisite fee and charges as specified by the Government have been deposited. 
7. The Chief Administrator of the concerned Special Development Authority 
in case of area falling outside municipal limits, the Commissioner, Municipal 
Corporation, in case of area falling within Municipal Corporation limits and the 
Regional Deputy Director, Local Government for the area falling within 
municipal limits of Municipal Council or Nagar Council or any other person or 
authority notified by the Government, shall be the competent authority to exercise 
and perform all or any of the powers and functions under this Act. 
8. (1) Any person intending to get unauthorized colony or building or 
apartment regularized under this Act, shall apply in writing or online to the 
competent authority for regularization in such form containing such particulars 
and accompanied by such documents and plans, as may be specified in the 
policy and by the competent authority. 
(2) On receiving application duly made under sub-section (1) and on 
payment of charges and fee specified in the policy relating to change of land 
use, regularization or development charges, license fee or permission fee, social 
infrastructure fund, compounding fee etc., the competent authority may pass 
an order,- 
(i) granting regularization unconditionally; or 
(ii) granting regularization subject to such conditions as it may think 
necessary to Impose, or 
(iii) refusing regularization; and 
(iv) where regularization is granted subject to the conditions or is refused, 
such conditions or refusal shall be communicated to the applicant in 
writing. 
9. The Government may, by notification in the Official Gazette frame and 
notify a policy for carrying out the purposes of this Act. 
10. The Government may, by notification in the Official Gazette, appoint an 
officer or an authority as an appellate authority, to decide appeals against the 
orders of the competent authority: 
Entitlement of 
claim. 
Competent 
Authority. 
Powers and 
functions of the 
competent 
authority. 
Power to make 
policy. 
Appellate 
authority.
_ 
PUNJAB GOVT. GAZ. (EXTRA). APRIL 19, 2018 50 
(CHTR 29, 1940 SAKA) 
ee, 
Provided that the Government may appoint more than one officer or 
authority as appellate authority and distribute the work amongst them in the 
manner as it may deem fit. 
11. (1) Any person aggrieved by any order of the competent authority under 
Appeal against 
rty days from the communication of the the orders of the this Act, may within a period of thi 
competent . . itv i 
an appeal to an appellate authority in such form and manner, 
authority. order to him, prefer 
as may be notified. 
| (2) The appellate authority may, after giving an opportunity to be heard 
and to the competent authority, pass such order, as it may deem 
modifying or setting aside the order of the competent 
of the appellate authority 
to the parties 
fit, either confirming, 
authority, and record its reasons in writing and the order 
shall be final. 
(3) Indischarging its functions while deciding an appeal, the appellate 
authority shall have all the powers under the Code of Civil Procedure, 1908 of 
a civil court. 
Power of 12. The Government may, from time to time, issue such directions to the 
Government t0 Competent authority as it may deem fit, for giving effect to the provisions of 
give directions. 
this Act and it shall be the duty of the competent authority to comply with such 
directions. 
Offences and 13. Any person or promoter or his agent who will develop un-authorized colony 
penallirs. or building on or after the date as specified in section 5 (a) shall, on conviction, 
be punished with imprisonment for a minimum term of three years which may 
extend to seven years and with minimum fine of rupees two lac, which may 
extend to rupees five lac. 
Power of the 14. Onor after the date as specified in section 5(a), if the competent authority 
competent : : . 
peren has a reason to believe that any un-authorized colony or un-authorized building 
authority. 
has been constructed, then it shall have the power to order to stop the 
construction or development of such un-authorized building or colony or to 
demolish or remove the same after giving a notice of thirty days and affording 
a reasonable opportunity of being heard to the person concerned. 
Protection of 15. Nosuit, prosecution or other legal proceedings shall lie against any person 
action taken in . wae . . . 
good faith. for anything which is done in good faith or intended to be done in pursuance of 
  this Act or any policy made thereunder.
  
PUNJAB GOVT. GAZ. (EXTRA), APRIL 19, 2018 51 
(CHTR 29, 1940 SAKA) 
16. No civil court shall have jurisdiction to entertain any suit or proceedings Baron 
in respect of any matter, the cognizance of which can be taken and disposed of J¥" isdiction of 
: . > « courts. 
by any authority empowered by this Act or the policy made thereunder. 
VIVEK PURI, 
Secretary to Government of Punjab, 
Department of Legal and Legislative Affairs. 
1488/04-2018/Pb. Govt. Press, S.A.S. Nagar

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