LexThe Punjab Regional and Town Planning and Development Act, 1995
Punjab · state statute
Open in Lexace · Ask the AI about this actPunjab Regional and Town Planning and Development Act, 1995. ACT, 1995 Punjab Act No. 11 of 1995 [Dated 26th May, 1995] No. 11-Leg./95 - The following Act of the Legislatu re of the State of Punjab received the assent of th e President of India on the 24th May, 1995, and is hereby published for general information :- An Act to make provision for better planning and re gulating the development and use of land in Planning areas delineated for that purpose, for pre paration of Regional Plans and Master Plans and implementation thereof; for the constitution of a S tate Regional and Town Planning and Development Board, for guiding and directing the planning and d evelopment processes in the State; for the constitution of a State Urban Planning and Developm ent Authority. Special Urban Planning and Development Authorities and New Town Planning and D evelopment Authorities, for the effective and planned development of planning areas; and for unde rtaking urban development and housing programmes and schemes for establishing new towns; and for matters connected therewith or incidental thereto. Be it enacted by the Legislature of the State of Pu njab in the Forty-sixth year of the Republic of Ind ia as follows :- 1. Short title, extent and commencement. - (1) This Act may be called the Punjab Regional a nd Town Planning and Development Act, 1995. (2) It shall extend to the whole of the State of Punjab. (3) It shall come into force on such date as the St ate Government may, by notification, in the Officia l Gazette, appoint. Statement of object and reasons. - Rapid urbanisation today is an all pervasive and irreversible facet of development. Unfortunately, urbanisation i n the State has largely taken the form of unplanned and uncontrolled private colonisation and massive b uilding activity in and around cities and along the highways. As a result, slums, uncongenial environme nt, only nominal civic amenities, choked city roads, encroached public lands and congested highwa ys are a common feature visible everywhere. The different laws meant to control and guide urban development tended to tackle the problems on a piecemeal basis. The overlapping roles and function s of the multiple authorities enforcing these laws and carrying out the policies of the Government wit hout proper direction and control from a central agency have only aggravated the situation. Moreover , the process of urban development has been too dependent on the availability of Government funds. At the various national for a, it has been repeated ly stressed that every State should have a comprehensive law to provide for the preparation, s trict enforcement and rapid implementation of regional and city master plans. At present, there is no such law in the State. The Punjab Housing Development Board set up under t he Punjab Housing Development Board Act, 1972 (Punjab Act No. 6 of 1973) has not succeeded i n bringing about a substantial increase in the housing stock especially for the Economically Weake r Sections of the Society. For generating the required funds for a massive house building program me, it is fell that a close interlink between optimum exploitation of the valuable asset of urban land. For meeting the challenges of urban growth and to p rovide for a workable framework for comprehensive planned and regulated development of regions and urban areas, the constitution of a State level Urban Planning and Development Authority is considered very essential. The existence of a reliable and wide road network s ystem facilitating smooth traffic movement within the cities as well as over different regions is the single most important requirement of planned development and good living environment. It is felt that the existing law dealing with this issue name ly the Punjab Scheduled Roads and Controlled Areas (Re striction of Unregulated Development), Act, 1963, is not fully effective and many of the provis ions need to be made more stringent while some need to be deleted. It is, therefore, intended to achieve the following main objectives :- (i) to consolidate, with suitable modifications, in one place laws dealing with the different aspects of urban development ; (ii) to set up a high powered Board to advise the S tate Government and to guide and direct planning and development agencies, with respect to matters p ertaining to the planning, development and use of urban and rural land; (iii) to set up a State level Urban Planning and Development Authority and to provide for the setting up of Special Urban Planning and Development Authoriti es and New Town Planning and Development Authorities to promote and secure better planning a nd development of different regions, areas and cities; (iv) to create a legal and administrative set up for the preparation and enforcement of Master Plans for regions, areas and for existing and new cities; (v) to make the whole programme of urban developmen t mainly a self- sustaining and self-paying process; (vi) to interlink land development and house constr uction permitting full exploitation of the urban la nd resource to provide a boost to the programme of hou se construction, especially for the Economically Weaker Sections of the Society; (vii) to provide a legal, administrative and financ ial framework for the preparation and execution of Town Development Schemes aimed at filling the gaps in the required civil infrastructure and securing the renewal and redevelopment of congested and decayed areas in the existing towns. CHAPTER I Preliminary 2. Definitions. - In this Act, unless the context otherwise requires, - (a) "agriculture " includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder and trees; or any kind of cultivation of soil, breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, fis h, poultry and bees; the use of land which is ancillary to the farming of land or any other agric ultural purposes; but does not include the use of any land attached to a building for the purposes of garden to be used along with such building and the expression "agricultural" shall be construed accordingly; (b) "amenities" means any one or more than one util ities such as roads, streets, open spaces, parks, recreational grounds, play grounds, water an d electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences; (c) "Arbitrator" means an Arbitrator appointed as such under Section 102; (d) "Authority" means the Punjab Urban Planning and Development Authority constituted under Section 17 or a Special Urban Planning and Developm ent Authority constituted under Section 29 or a New Town Planning and Development Authority constituted under Section 31; (e) "Board" means the Punjab Regional and Town Plan ning and Development Board constituted under Section 3; (f) "building" means any construction or part of a construction w hich is intended to be used for residential, commercial, industrial or other purposes, whether in actual use or not, and includes any out-house, stable, cattle shed and garage; (g) "building operations" include - (i) erection or re-erection of a building or any part of it; (ii) roofing or re-roofing of a building or any part of a building or an open space; (iii) any material alteration or enlargement of any building; (iv) any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangements, or materially affect its security; (v) the construction of a door opening on any street or land not belonging to the owner; (h) "bypass" means a [road specified in the Schedule to this Ac t, provided] as a permanent diversion to a scheduled road, whether such diversi on is situated within or without the limits of local authority and whether it is constructed befor e or after the commencement of this Act and includes a road which is specified as bypass by the State Government, by notification, for the purposes of this Act; (i) "Chapter" means a Chapter of this Act; (j) "Chief Administrator" means the Chief Administrator of the Authority; (k) "commerce" means the carrying of any trade, business or profe ssion, sale or exchange of goods of any type whatsoever, and includes the runn ing of, with a view to make profits, hospitals or nursing homes, infirmaries, educationa l institutions, and also includes hotels, restaurants and boarding houses not attached to edu cational institutions and the expression "commercial" shall be construed accordingly; (l) "commercial use " includes the use of any land or building or part thereof for purposes of commerce or for storage of goods, or as an office, whether attached to any industry or otherwise; (m) "Competent Authority" shall mean any person or authority appointed by the State Government, by notification, to exercise and perfor m all or any of the powers and functions of the competent authority under this Act: Provided that in relation to an area falling within the jurisdiction of a Municipality or a Municipal Corporation the powers of the Competent Authority u nder Chapter XI of this Act, except the powers in respect of change of land use exercised under Secti on 81, shall be exercised and performed by the Municipality or the Municipal Corporation in whose jurisdiction such an area falls; (n) "court" means a principal civil court of origin al jurisdiction, and includes any other civil court empowered by the State Government to perform the functions of the court under this Act within the pecuniary and local limits of its jurisdiction; [(o) "development" with its grammatical variations and cognate expressions means the carrying out of building, engineering, mining, quarrying or other operations in, on, over or under land or making of any structural or material change in any building or land including that which affects the appearance or any feature of a heritage site an d includes demolition of any part or whole of the building or change in use of any building or land and also includes reclamation, redevelopment, a layout or sub-division of any land and the exemption "develop" shall be construed accordingly;] [(oo) "development right" means a right to carry ou t development or to develop the land or building or both and shall include the transferable development right in the form of right to utilise the floor area ratio of land utilisable either on the remainder of the land partially reserved for the public purpose or elsewhere, as may be provided in the zoning regulations; (p) "engineering operations" include the formation or laying out of means of access to a road or the laying out of means of water supply, drainage, sewerage or of electricity cables or lines or of telephone lines or any other communication lines of cables; (q) "erect or re-erect" any building includes, - (i) any material alteration or enlargement of any building; (ii) the conversion, by structural alteration, into place for human habitation of any building not originally constructed for human habitation; (iii) the conversion into more than one place for h uman habitation of a building originally constructed as one such place; (iv) the conversion of two or more places of human habitation into a greater number of such places; (v) such alterations of a building as effect an alt eration of its drainage or sanitary arrangements or materially effect its security; (vi) the addition of any rooms, buildings, out-hous es, or other structures to any building; and (vii) the construction, in a wall adjoining any str eet or land not belonging to the owner of the wall, of a door opening on to such street or land; (r) "Estate Officer" means a person appointed by th e Authority to perform the functions of an Estate Officer under this Act; [(rr) "floor area ratio" means the ratio derived by dividing, the total covered area of all floors by the area of plot;] [(rrr) "Heritage site" includes buildings, artefact s, structures, areas, precincts of historical or aesthetical or architectural or educational or scie ntific or cultural or environmental significance and those natural features of environmental signifi cance or scenic beauty as may be declared as such by the Competent Authority by a notification;] (s) "Land" includes benefits to arise out of land a nd things attached to the earth or permanently fastened to anything attached to the earth; (t) "local authority" means a Municipal Corporation , a Municipal Committee, a Municipal Council, a Town Improvement Trust, a Cantonment Board, a Zil a Parishad, a Panchayat Samiti or a Gram Panchayat, or, any other authority entrusted w ith the functions of a local authority under any law for the time being in force; (u) ["Master Plan" means Master plan prepared under this Act and includes a New Town Development Plan]; (v) "means of access" includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a road; (w) "member" means a member of the Board or a member of the Authority and includes - (i) the Chairman and the Member Secretary, in the case of the Board; and (ii) the Chairman, Vice-Chairman and the Chief Administrator, in the case of the Authority; (x) "occupier" include, - (a) a tenant; (b) an owner in occupation of, or otherwise using his land or building or part thereof; (c) a rent-free occupant of any land or building or part thereof; (d) a licensee in occupation of any land or building or part thereof; (e) any person, who is liable to pay to the owner d amages for the use and occupation of any land or building or part thereof; (y) "operational construction" means any constructi on whether temporary or permanent, which is necessary for operation, maintenance, development o r execution of any of the following services, namely :- (i) railways; (ii) national highways; (iii) national waterways; (iv) airways and aerodromes; (v) posts and telegraphs, telephone, wireless, broa dcasting and other such like forms of communication; (vi) regional grid for electricity; (vii) any other service which the State Government may, if it is of opinion that the operation, maintenance, development or execution of such other service is essential to the life of the community, by notification, declare to be a service for the purposes of this clause; Explanation. - For the removal of doubts, it is hereby declared that the construction of - (i) new residential buildings except those connecte d with operations like gate lodges, hospitals, clubs, institutions, schools, railway co lonies, roads, drains and the like in the case of railways; and (ii) a new building, new structure of a new install ation or any extension thereof, in the case of any other service, shall not be deemed to be con struction within the meaning of this clause; (z) "owner" includes a mortgagee in possession, a person who f or the time being is receiving or is entitled to receive, or has received, the rent o r premium of any land whether on his own account or on account of or on behalf of or for the benefit of any other person or as an agent, trustee, guardian, or receiver for any other person or for any religious or charitable institution or who would so receive the rent or premium or be e ntitled to receive the rent or premium if the land were let to a tenant; and includes the Head of a Government Department, General Manager of a Railway, the Secretary or other princi pal officer of a local authority, statutory authority or company, in respect of properties under their respective control; (za) "Planning Agency " means the Punjab Urban Planning and Development A uthority, a Special Urban Planning and Development Authority, a New Town Planning and Development Authority, a local authority or the Town and Countr y Planning Wing of the Department of Housing and Urban Development, designated as such b y the [State Government] under Section 57 of this Act for a planning area; (zb) "planning area " means a regional planning area, a local planning area or a site for a new town declared as such under Section 56 of this Act; (zc) "prescribed " means prescribed by rules made under this Act; (zd) "reconstituted plot " means a plot which is altered in ownership or in any other way by the framing of a town development scheme under this Act; (ze) "Regional Plan " means a Regional Plan prepared under Chapter IX of this Act; (zf) "regulations " means regulations made by the Board, or the Authority under this Act; (zg) "road reservation in relation to a scheduled road " means the land, whether metalled or unmetalled, which vests in the State Government or the Central Government or a local authority, for the purposes of such road and the bo undaries of which are demarcated by pillars, post or wires or in any other manner; (zh) "rules " means rules made under this Act; (zi) "scheduled road " means a road specified in the schedule to this Ac t which is wholly situated within the State of Punjab and where any road so sp ecified is not so wholly situated, the portion of such road which is situated in the State of Punjab, and includes a "by-pass" and shall also include any road which the State Governm ent may, by notification, add to the schedule to this Act [-].; (zj) "scheme " means any town and development scheme framed under this Act; (zk) "section " means the section of this Act; (zl) "State Government " means the Government of the State of Punjab; and (zm) "transferee" means a person, including a firm or other body of individuals, whether incorporated or not, to whom a site or building is sold, leased or transferred under this Act and includes his successors and assignees; and (zn) "Tribunal of Appeal " means the Tribunal of Appeal appointed as such under Section 105. CHAPTER II Establishment of the Punjab Regional and Town Planning and Development Board 3. Establishment of the Board. - As soon as may be, after the commencement of thi s Act, the State Government shall, by notification in the Official G azette, establish for the purposes of carrying out the functions assigned to it under this Act, a Board to be called the Punjab Regional and Town Planning and Development Board. 4. Constitution of the Board. - (1) The Punjab Regional and Town Planning and Developm ent Board established under Section 3 shall consist of a Chai rman, Vice Chairman, a Member-Secretary and the following other members, namely :- (a) not more than twelve ex officio members to be n ominated by the State Government from amongst the Ministers including the Minister-in-cha rge of Housing and Urban Development and Local Government and the Secretaries to Governm ent of Punjab including Secretary to Government of Punjab, Department of Local Governmen t and other officers of the State Government; and (b) not more than three non-official members to be nominated by the State Government from amongst the persons having special knowledge or pra ctical experience in matters relating to housing, engineering, regional and town planning, development and management thereof. (2) The Chief Minister, Punjab, and the Minister-in -Charge of Housing and Urban Development shall be respectively the Chairman and the Vice-Chairman of the Board: Provided that in the absence of the Chairman, and t he Vice-Chairman any member of the Board to be nominated by the Chairman shall preside over the meeting of the Board. (3) The Secretary to Government of Punjab, holding the charge of Housing and Urban Development shall be the Member-Secretary of the Board. (4) The appointment of members nominated under clau ses (a) and (b) of sub- section (1) of this section shall be notified by the State Government i n the Official Gazette and they shall be entitled t o receive such remuneration or allowances or both as the State Government may prescribe. (5) The members of the Board shall hold office at the pleasure of the State Government. 5. Disqualification for nomination as member of the Board. - (i) A person shall be disqualified for be ing nominated as and for being a member of the Board, if he - (a) has been convicted by a criminal court at any t ime after the 26th day of January, 1950 for an offence involving moral turpitude, unless such conviction has been set aside; (b) is an undischarged insolvent; (c) is of unsound mind. (2) If any question, dispute or doubt arises as to whether or not any person is eligible for membershi p of the Board or has incurred any of the disqualific ations specified under sub-section (1) whether before or after becoming a member, it shall be dete rmined by the State Government whose decision shall be final and binding. 6. Circumstances under which nominated member shall vacate office. - If a member of the Board nominated under clause (b) of sub-section (1) of Section 4 - (a) becomes subject to any disqualification referred to in Section 5; or (b) absents himself, without permission of the Chai rman, from three consecutive meetings of the Board, the State Government shall declare his office to be vacant. 7. Power to remove nominated members of the Board. - If the State Government is of opinion that any member nominated under clause (b) of sub-section (1 ) of Section 4 is guilty of misconduct in the discharge of his duties, or is incompetent or has b ecome incapable of performing his duties as such member, or that he should for any other good and su fficient reason be removed the State Government may, after giving the member an opportun ity of showing cause against his removal, remove him from office. 8. Resignation of nominated Members of the Board . - Any member nominated under clause (b) of sub-section (1) of Section 4 may resign from the me mbership of the Board by giving notice in writing to the State Government and on such resignation bei ng accepted by the State Government, he shall cease to be a member of Board. 9. Vacancies. - In the event of a vacancy in the office of any mem ber nominated under clause (a) or clause (b) of sub-section (1) of Section 4, the vac ancy shall be filled by the State Government in the manner laid down in the aforesaid clause (a) or clause (b), as the case may be. 10. Headquarters of the Board. - The Board shall have its headquarters at such plac e as may be notified by the State Government from time to time. 11. Meeting of the Board. - (1) The Board shall meet at such times and places as t he Chairman may determine and shall, subject to the provisions of s ub-sections (2) and (3), observe such procedure in regard to the transaction of business at its meetings as may be laid down by it in the regulations. (2) All questions at a meeting of the Board shall be decided, by a majority of the votes of the member s present and voting and in case of equality of votes , the person presiding shall have a second or casting vote. (3) Five members shall form quorum at a meeting of the Board: Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting for transacting the same business: Provided further that a notice of the adjourned meeting shall be sent to all the members of the Board. (4) Minutes of the names of the members present and of the proceedings at each meeting shall be kept in a book to be maintained for this purpose wh ich shall be signed at the next ensuing meeting by the person presiding at such meeting. (5) A copy of the proceedings of every meeting of t he Board shall be sent by the Member-Secretary of the Board to the State Government within fifteen days after the meeting is held. (6) No act done or proceedings taken under the Act by the Board shall be invalid merely on the ground of existence of any vacancy amongst its memb ers, or by reason of defect or irregularity in its constitution or any irregularity in procedure not affecting the merits of the case. 12. Duties of the Member-Secretary of the Board. - The Member-Secretary of the Board shall arrange for transaction of business of the Board, a uthenticate orders and decisions of the Board and discharge such other functions of the Board as may be assigned to him by the Board under its regulations. 13. Staff of the Board. - The State Government on the request of the Board, may make available to the Board such staff as may be necessary for the pe rformance of functions conferred on the Board under this Act. 14. Functions of the Board. - (1) Subject to the provisions of the Act and rules fra med thereunder, the functions of the Board shall be to advise the S tate Government [on the matters] relating to the planning, development and use of urban and rural la nd in the State, and to perform such other functions as the State Government, from time to time, assign to it. 15. Temporary association of persons. - (1) The Board may associate with itself in such ma nner and for such purpose as may be prescribed any perso n whose assistance or advice it may require in performing any of its functions under this Act. (2) Any person associated with it by the Board unde r sub-section (1) for any purpose shall have a right to take part in the discussion of the Board r elevant to that purpose but shall not have a right to vote at a meeting. 16. Appointment of Committees. - Subject to any rules in this behalf, the Board may from time to time appoint one or more Committees for the purpose of securing efficient discharge of its functions. CHAPTER III Establishment of the Punjab Urban Planning and Deve lopment Authority, Special Urban Planning and Development Authorities and New Towns Planning and Development Authorities. 17. Establishment and constitution of the Authority . - (1) With effect from such date as the State Government may, by notification, specify in this be half, the State Government shall establish for the purposes of this Act, an Authority to be known as t he Punjab Urban Planning and Development Authority with headquarters at such place as the State Government may specify. (2) The Authority established under sub-section (1) shall be a body corporate as well as a local authority, by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract; and shall, by the said name, sue and be sued. (3) The Authority established under sub-section (1) shall consist of the following members to be appointed by the State Government, namely :- (i) a Chairman; [(i-a) a Co-Chairman;] (ii) a Vice-Chairman; (iii) a Chief Administrator who shall be appointed from amongst the officers of the Government of Punjab having such qualifications and experience as may be prescribed; and (iv) not more than twelve and not less than six off icial and non- official members including the Secretaries to Government of Punjab holding the charge of Local Government and Town and Country Planning: Provided that the number of non-official members shall not, at any time, exceed three. (4) [The Chief Minister, Minister-in-Charge of Hous ing and Urban Development and the Secretary to Government of Punjab, holding the charge of Housing and Urban Development shall, respectively, be the Chairman, Co-Chairman and the Vice- Chairman of the Authority.] 18. Term of office and conditions of service of mem bers. - (1) The term of office and conditions of service of the members of the Authority shall be such as may be prescribed. (2) The Chief Administrator shall be entitled to re ceive from the fund of the Authority such salary an d such allowance, if any, as may be prescribed. (3) Any member, other than the Chief Administrator, may be paid from the fund of the Authority such allowances, if any, as may be prescribed. (4) The members of the Authority shall hold office during the pleasure of the State Government. (5) A member of the Authority may resign his office by giving notice in writing to the State Government and, on such resignation being accepted by the State Government, he shall cease to be a member. 19. Power to remove member. - The State Government may remove from office any me mber of the Authority - (i) who, without excuse, sufficient in the opinion of the State Government, is absent for more than three consecutive meetings of the Authority; (ii) who has, in the opinion of the State Governmen t, so abused his position as a member as to render his continuance on the Authority detrimental to the interests of the Authority. 20. Filling of vacancies. - Upon occurrence of any vacancy in the office of Ch airman, Vice- Chairman, Chief Administrator or any other member o f the Authority, a new Chairman, Vice- Chairman, Chief Administrator or member, as the case may be, shall be appointed. 21. Meetings. - (1) The Authority shall meet at such times and places and shall, subject to the provisions of sub-sections (2) and (3) observe such procedure in regard to the transaction of its business at such meetings as the Authority may provide by regulations. (2) [At every meeting of the Authority, the Chairma n, if present, or, in his absence, the Co-Chairman, or, in his absence, the Vice-Chairman, and if the V ice-Chairman is also not present, then any one of its members, whom the members present may elect, shall preside.] (3) All questions at a meeting of the Authority sha ll be decided by a majority of votes of the members present and voting and in the case of equality of v otes, the member presiding shall have a second or casting vote. (4) Minutes shall be kept of the names of the membe rs present and of the proceedings at each meeting in a book to be maintained for the purpose which shall be signed at the next meeting by the member presiding at such meeting and shall be open to inspection by any member during office hours. (5) For the transaction of business at a meeting of the Authority, the quorum shall be one-third of th e number of members actually serving for the time being but shall not, in any case, be less than four: Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting for transacting the same business: Provided further that a notice of the adjourned meeting shall be sent to all members of the Authority. 22. Duties of the Chief Administrator. - The Chief Administrator shall be the Chief Executi ve of the Authority and shall arrange for the transaction of business of the Authority, authenticate orders and decisions of the Authority and discharge such other functions of the Authority as may be assigned to him by the Authority under its regulations. 23. Appointment of Committees. - Subject to any regulations made in this behalf b y the Authority, the Authority may, from time to time, appoint one o r more committees for the purpose of securing the efficient discharge of the functions of the Authori ty and in particular for the purpose of ensuring th e efficient maintenance of public amenities and execution of development works and projects. 24. Temporary association of persons. - (1) The Authority or any committee appointed und er Section 23 may associate with itself any person who se assistance or advice it may require in the performance of its functions under this Act. (2) Any person associated with it by the Authority under sub-section (1), for any purpose shall have a right to take part in the discussions of the Author ity relevant to that purpose but shall not have a r ight to vote at the meeting. 25. Validation of acts and proceedings. - No act done or proceedings taken under this Act sh all be questioned merely on the ground of - (a) the existence of any vacancy in or any defect in the constitution of the Authority; (b) any person associated under Section 24 having v oted in contravention of the provisions of this Act in this behalf; (c) the failure to serve a notice on any person whe re no substantial injustice has resulted from such failure; (d) any omission, defect or irregularity not affecting the merits of the case. 26. Staff of the Authority. - ( 1) The Authority may appoint such number of officer s and other employees including experts for technical and legal work as may be necessary for the efficient performance of its functions and may determine their designation and grades. (2) The officers and other employees of the Authori ty shall be entitled to receive, from the fund of t he Authority, such salaries and allowances and shall b e governed by such conditions of service as may be determined by regulations made in this behalf by the Authority. (3) The exercise of any powers or discharge of any duties or functions under sub-section (1) by any officer or other employees of the Authority shall b e subject to such restrictions, conditions and limitations, if any, as may be laid down by regulat ions of the Authority, and shall also be subject to its control and supervision. 27. General disqualifications of officers and emplo yees. - No person who has, directly or indirectly, by himself or through his partner or ag ent, any share or interest in any contract by or on behalf of the Authority, or in any employment under , by or on behalf of the Authority, otherwise than as an officer or employee thereof, shall become or remain an officer or employee of the Authority. 28. Objects and functions of the Authority. - (1) The objects of the Authority shall be to promo te and secure better planning and development of any a rea of the State and for that purpose the Authority shall have the powers to acquire by way o f purchase, transfer, exchange or gift or to hold, manage, plan, develop and mortgage or otherwise dis pose of land or other property or to carry out itself or in collaboration with any other agency or through any other agency on its behalf, building, engineering, mining and other operations to execute works in connection with supply of water, disposal of sewerage, control of pollution and othe r services and amenities and generally to do anything with the prior approval or on direction of the State Government, for carrying out the purpose s of this Act. (2) In particular and without prejudice to the gene rality of the foregoing provisions, the Authority i tself or in collaboration with any other agency or through any other agency on its behalf, - (i) if so required by the State Government or the B oard, take up the works in connection with the preparation and implementation of Regional Plans, M aster Plans and New Township Plans, and town improvement schemes; (ii) undertake the work relating to the amenities a nd services to be provided in the urban areas, urban estates, promotion of urban development as well as construction of houses; (iii) promote research, development of new techniqu es of planning, land development and house construction and manufacture of building material; (iv) promote companies, associations and other bodi es for carrying out the purposes of the Act; and (v) perform any other functions which are supplemen tal, incidental or consequential to any of the functions referred to in this sub-section or which may be prescribed. 29. Special Urban Planning and Development Authorit ies. - (1) Where the State Government is of opinion that the object of proper development of an y area or group of areas together with such adjacent areas as may be considered necessary will be best served by entrusting the work of development or redevelopment thereof to a Special A uthority, instead to the Punjab Urban Planning and Development Authority, the State Government may , by notification, constitute an Authority for such area to be called the Special Urban Planning a nd Development Authority for that area and thereupon, all the powers and functions of the Punj ab Urban Planning and Development Authority relating to development and redevelopment of that a rea under this Act shall be exercised and performed by the Special Urban Planning and Development Authority so constituted. (2) Every notification issued under sub-section (1) shall define the limits of the area to which it relates. (3) The Special Urban Planning and Development Auth ority constituted under sub-section (1) shall consist of the following members to be appointed by the State Government, namely :- (i) a Chairman; (ii) a Chief Administrator who shall be appointed f rom amongst the officers of the Government of Punjab having such qualifications and experience as may be prescribed; and (iii) other members not exceeding ten to be appointed by the State Government: [Provided that out of the aforesaid members, the St ate Government may appoint a co- Chairman and Vice-Chairman: Provided further that out of the said members, atle ast three members will be the members of the local authority or authorities functioning in t he area of jurisdiction of the Special Urban Planning and Development Authority.] (4) Every Special Urban Planning and Development Au thority constituted under sub-section (1) shall be a body corporate as well as a local authority, b y the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property both movable and immovable, and, to contract and by the said name sue and be sued. (5) The provisions of this Act shall mutatis mutand is apply to a Special Urban Planning and Development Authority constituted under sub-section (1) as they apply in relation to the Punjab Urban Planning and Development Authority with the modific ation that references to the Punjab Urban Planning and Development Authority, shall be constr ued as references to the Special Urban Planning and Development Authority. 30. Power to designate Local Authority as Special U rban Planning and Development Authority. - (1) Where the State Government is satisfied that it is expedient in the Public interest so to do, it may, by notification, designate any local au thority functioning in a planning area to be the Special Urban Planning and Development Authority fo r that area or any part thereof and thereupon all the powers and functions of the Punjab Urban Planni ng and Development Authority relating to that area or part thereof, as the case may be, shall be exercised by such local authority. (2) On the issue of a notification under sub-section (1), the powers to be exercised and functions to be performed by the Chairman of the Authority under th is Act shall be exercised and performed in the case of a Municipal Corporation by its Mayor, in th e case of a Municipal Council by its President, and , in the case of an Improvement Trust by its Presiden t and those of the Chief Administrator of the Authority by the Chief Executive Head, by whatever name he is called, of the Municipal Corporation or the Municipal Council, or the Improvement Trust, as the case may be. 31. New Town Planning and Development Authority. - (1) Where the State Government is of opinion that object of proper planning and developm ent of a site of a new town will be best served by entrusting the work of development thereof to a Spe cial Authority, instead to the Punjab Urban Planning and Development Authority, it may, by noti fication, constitute a Special Authority for that s ite to be called the New Town Planning and Development Authority and thereupon, all the powers and the functions of the Punjab Urban Planning and Deve lopment Authority relating to the development of that site of the new town under this Act shall be e xercised and performed by such New Town Planning and Development Authority. (2) A New Town Planning and Development Authority c onstituted under sub- section (1), shall be a body corporate as well as local authority by the na me aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispos e of property, both movable and immovable and to contract, and by the said name sue and be sued. (3) A New Town Planning and Development Authority will consist of the following members, namely :- (i) a Chairman; (ii) a Chief Administrator who shall be appointed f rom amongst the officers of the Government of Punjab having such qualifications and experience as may be prescribed; and (iii) other members not exceeding ten to be appointed by the State Government. (4) The provisions of this Act shall mutatis mutand is apply to a New Town Planning and Development Authority as they apply in relation to the Punjab U rban Planning and Development Authority, with the modification that references to the Punjab Urban Pl anning and Development Authority shall be construed as references to a New Town Planning and Development Authority. 32. Amalgmation of Special Urban Planning Developme nt Authorities. - (1) Where the State Government after consultation with the Board, is of the opinion that it is necessary or expedient in t he public interest or in the interest of the developme nt of the area under the jurisdiction of two or mor e Special Urban Planning and Development Authorities, that two or more Special Urban Planning and Development Authorities should be amalgamated, the State Government may, by notification in the Official Gazette, provide for the amalgamation of s uch Special Urban Planning and Development Authorities (hereinafter in this Chapter referred t o as the transferor Special Urban Planning and Development Authorities) into a single Special Urba n Planning and Development Authority (hereinafter in this Chapter referred to as the tra nsferee Special Urban Planning and Development Authority) with such constitution, property, powers , rights, interest, authorities and privileges; and with such liabilities, duties and obligations, as may be specified in the notification. (2) Every notification issued under sub-section (1) shall define the limits of the area to which it re lates and specify the date with effect from which the amalgamation shall become effective. (3) Every notification issued under sub-section (1) may also provide for one or any of the following matters, namely :- (a) the continuance in service of all the employees of the transferor Special Urban Planning and Development Authorities in the transferee Special U rban Planning and Development Authority at the same remuneration and on the same terms and conditions of service, which they were getting, or, as the case may be, by which they were being governed, immediately before the date on which the amalgamation takes effect; (b) the other terms and conditions for the amalgama tion of the Special Urban Planning and Development Authorities; (c) the continuance by or against the transferee Sp ecial Urban Planning and Development Authority of any pending legal proceedings by or ag ainst any transferor Special Urban Planning and Development Authority; and (d) such consequential, incidental and supplementar y provisions, as may, in the opinion of the State Government, be necessary to give effect to the amalgamation. (4) Notwithstanding anything contained in clause (a ) of sub-section (3), where any employee of the transferor Special Urban Planning and Development A uthority by notice in writing given to the transferee Special Urban Planning and Development A uthority at any time before the expiry of three months next following the date on which the amalgam ation takes effect has intimated his intention of not becoming an employee of the transferee Special Urban Planning and Development Authority, he shall cease to be employee of that Authority on the expiry of the notice served and shall be entitled to get such gratuity, provident fund and other retirem ent benefits as are ordinarily admissible to him under the rules or authorisations of the transferor Special Urban Planning and Development Authority immediately before the date of amalgamation; (5) On and from the date on which the amalgamation takes effect under sub- section (2), the transferor Special Urban Planning and Development A uthorities shall cease to carry on business or to discharge any liability or obligation except to the extent as may be necessary for the implementation of the provisions of the said amalgamation and shall stand dissolved from the date of amalgamation; (6) Notwithstanding anything contained in the Indus trial Disputes Act, 1947 (Central Act XIV of 1947) or any other law for the time being in force, the t
Excerpt shown. Open the full act in Lexace.