Periphery Act

Punjab New Capital (Periphery) Control Act, 1952


As applicable to Haryana
Punjab Act No. 1 of 1953

Received the assent of the President on the 12th January 1953, and was first published in the Government  Punjab Gazette (Extraordinary) of the 16th January, 1953.

An Act to control and regulate the periphery of territories which immediately before the 1st Nov 1966,comprised the new capital of the state of Punjab. It is hereby enacted as follows:

 NOTE:
Statement of Objects and Reasons - The Punjab Government are constructing a New Capital named "Chandigarh". The Master Plan providing for the future extension of the Capital will extend over a much greater area than the area than the area acquired so far the construction of the first phase of the Capital.To ensure healthy and planned development of the new city it is necessary to prevent growth of slums and ramshackle construction on the land lying on the periphery of the new city. To achieve this object it is necessary to have Legal authority to regulate the use of said land for purposes other than the purposes for which it used to present.
                                 Legislative History
                                 Definition
                                 Extent and Commencement
                                 Selected Notification under Punjab New Capital (Periphery) Control Act ,1952
                                Schedule
                                 Punjab New Capital (Periphery) Control Rules,1959
                                 Forms
Legislative History

1.

Amended by Punjab Act 14 of 1957.

2.

Amended by Punjab Act 30 of 1963

3.

Amended by Punjab Act 28 of 1962

4.

Amended by Punjab Act 25 of 1964

5.

Amended by Punjab Adaptation of Laws (State and Concurrent Subjects) Order,1968

6.

Amended by Haryana Act 38 of 1971.

7.

Amended by Haryana Act 22 of 1999.

8.

Amended by Haryana Act 3 of 2000.

9.

Amended by Haryana Act. 15 of 2001.

10.

Amended by Haryana Act 22 of 2003.

1.     Short title, extent and commencement :-
(1) This Act may be called the Punjab New Capital (Periphery) Control Act, 1952.
(2) [It extends to such part of the area in the State of Haryana as is adjacent to and within a  distance of ten miles on all sides from the outer boundary of the land acquired for the Capital  of the State at Chandigarh as it existed immediately before the 1st November, 1966.] 
 (3)    It shall come into force at once.  
2.   Definitions – In this Act, unless the context otherwise requires –                              
 (1)   “agriculture” includes horticulture, diary farming, poultry farming and the planting and upkeep of orchard;  
(2) “building” has the same meaning as is assigned to it in clause (2) of section 3 of the Punjab Municipal Act, 1911 (Act III of 1911); 
(3) "Director” means the Director, Town and Country Planning Department, Haryana and includes any person for the time being appointed by the State Government, by notification in the Official Gazette, to perform all or any functions of the Director, under this Act;  
             “Commissioner” means the Commissioner and Secretary to Government, Haryana Town and Country Planning Department;
[(4-A)] “Local Authority” means the Municipal Committee, Municipal Council or Municipal Corporation ;
(5) “Prescribed” means prescribed by rules made under this Act;  
(6)  “road” means a metalled or unmetalled road, whether 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 building” has the same meaning as is assigned to it in clause (5) of section 3 of the Punjab Municipal Act, 1911 (Act No. III of 1911). 
3.     Declaration of controlled area.
              The State Government may by notification in the official Gazette declare the whole or any part of the area to which this Act extrends to be a controlled area for the purpose of this Act
4.     Publication of plans of controlled area
(1)   The Director shall within three months 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 prescribed and shall be available for inspection by the public free of charge at all reasonable times.
5.    Restrictions in a controlled area. –
              Except as provided hereinafter, no person shall erect or re-erect any building or make or extend any excavation, or lay out any means of access to a road, in the controlled area save in accordance with the plans and restrictions and with the previous permission of the Director in writing.
6.    Applications for permission and the grant of or refusal of such permission. –
(1) Every person desiring to obtain the permission referred to in section 5 shall make an application in writing to the Director in 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 Director, after making such enquiry as he considers necessary, shall, by order in writing, either – 
(a) grant the permission, subject to such conditions, if any, as may be specified in the order; or
(b) refuse to grant such permission.
(3)  When the Director grants permission subject to conditions, or refuses to grant permission under sub - section (2), the conditions imposed or the grounds of refusal shall be such as are reasonable having regard to the circumstances of each case and the interest of the general public.
(4) The Director shall not refuse permission to the erection or re-erection of a building, if such building is required for purposes 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 Director shall not refuse permission to the erection or re-erection of a building which was in existence on the date on which the notification under sub-section (1) of section 3 was made, nor shall he impose 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 months after an application under sub-section (1) has been made to the Director, no order in writing has been passed by the Director, permission shall, without prejudice to the restriction signified in the plans under section 4 be deemed to have been given without the imposition of any conditions.
6-A.  Entry into land or building. –

             The Director may authorise any person to enter into or upon any land or building with or without assistance of workman for the purpose of making any enquiry, inspection, measurement or survey or taking levels etc. : Provided that no entry shall be made after sunset or before sunrise and without giving twenty-four hours notice to the occupier or owner of such land or building.]

7.    Appeal.
            The Director shall maintain a register as may be prescribed with sufficient particulars of all cases in which permission is given or deemed to have been given or refused by him under this section and the said register shall be available for inspection without charge by all persons interested and such persons shall be entitled to be extract their form. Any person aggrieved or affected by an order of the Director under sub - section (2) of Section 6 granting permission subject to conditions or refusing permission or orders passed under sub-section (2) of Section 12 may, within a period of sixty days from the date of such order prefer an appeal to the Commissioner and Secretary to Government, Haryana, Town and Country Planning Department, whose orders shall be final.
8.   Compensation.
               A person whose application has been refused or whose application has been granted subject to conditions, under sub-section (2) of section 6 shall be entitled to claim compensation within three months of the order of the Director under section 6 or the order of the 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 hereinafter 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 been 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 improvements 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 as a result of the development of the capital of the State at Chandigarh.
 (4) The arbitrator shall have power to reject the application, after due enquiry, or to make an award of compensation.
10.    Savings. –
              Nothing in this Act shall affect the power of Government 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 law 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 controlled area shall, except with the permission of the State Government, {and on payment of such conversion charges as may be prescribed by the State Government from time to time} be used for purposes other than those for which it was used on the date of notification under sub-section (1) of Section 3 and no such land shall be used for the purposes of a charcoalkiln, pottery-kiln , lime-kiln, brick-field or brick-kiln or for quarrying stone, bajari or kankar, or manufacturing surkhi, or stone crushing, or for other similar extraction or ancillary operation except under and in accordance with the conditions of a licence to be obtained from the Director on payment of such fees and on such conditions as may be prescribed or as may be specified in the order.]

(2) The renewal of such licence may be made [after three years] on payment of such fees as may be prescribed.
(3)   No person shall be entitled to claim compensation for any injury, damage or loss caused or alleged to have been caused by the refusal to issue or renew a licence, except in cases where such kiln was in existence at the time of the notification under sub-section (1) of Section 3 and in which case an application shall 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 extends any excavation or lays out any means of access to a road in contravention of the provisions 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 provisions of sub-section (1) of Section 11;
shall be punishable [with imprisonment of either description for a term which may extend to three years, and with fine which may extend to ten thousand rupees, and in the case of continuing contravention, with a further fine which may extend to five hundred rupees] for every day after the date of the first conviction during which he is provided to have persisted in the contravention.
2  Without prejudice to the provisions of sub-section (1), the Director may, by notice, served by post and if a person avoids service, or is not available for service of notice, or refuses to accept service, then by fixing a copy of it on the outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, call upon any person who has committed a breach of the provisions referred to in the said sub-section to stop further construction and to appear and show cause why he should not be ordered to restore to 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 contravention such as described in the said sub-section has been committed, and if such person fails to show cause to the satisfaction of the Director within a period of seven days, the Director may pass an order requiring him to restore such land or building to its original state or to bring it in conformity with the provisions of the Act or the rules, as the case may be, within a further period of seven days.
3

If the order made under sub-section (2) is not carried out, within the specified period, the Director may himself, at the expiry of the period of this order, take such measures as may appear necessary to give effect to the order.

Cost of the such measures shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue;Provided that even before the expiry of seven days period mentioned in the order under sub-section (2), if the Director is satisfied that instead of stopping the erection or re-erection of the building or making or extending of the excavation or laying out of the means of access to a road, as the case may be, the person  continues with the contravention, the Director may himself take such measures as may appear necessary to give effect to the order and the cost of such measures, shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue.]

12-A.Composition of offences. –
(1) The Director or any person authorized by the  Director by general or special order in this behalf may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act.
 (2)  Where an offence has been compounded, the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.
12-B. Duty of police officers. – It shall be the duty of every police officer –
(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 commission of any offence against this Act or any rules or regulations 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 authorised in writing by him, in this behalf, under this Act or any rule or regulation made there under.  
12.C. Power to arrest.
(1) A police Officer not below the rank of Sub-Inspector shall arrest any person who commits, in his view, any offence under this Act or any rule made there under, and on demand declines to give his name and address, or gives such name or address which such officer has reason 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 arrest has been made, and no person, so arrested, shall be detained in custody for a period exceeding twenty-four hours without an order from the above mentioned Magistrate.
12.D.Sanction of Prosecution. –
              No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Director or any officer authorised by him in this behalf..
13.  Trial of offences.
             No court inferior to that of a [Judicial Magistrate] of the first class shall be competent to try any offence punishable under this Act.
13-A.Bar of jurisdiction. –
            No Civil Court shall have jurisdiction to entertain or decide any question relating to matters falling under this Act or the rules framed there under.
14.  Indemnity.
 No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.
15.  Exemption. – Nothing in this Act shall apply to-
(a)  any building erected or re-erected for bonafide personal residential purposes and not above the height of eleven meters or for purposes subservient to agriculture in the abadi area of any village as defined in the revenue records and the area adjacent to the abadi area of any village which the Government identifies for village expansion through a notification, published in the Official Gazette, specifically to this effect subject to the condition that this area shall not exceed sixty per cent of the existing village abadi area:Provided that no such building shall be used for commercial purposes. 
(b) the erection or re-erection of a place of worship or a tomb or cenotaph or of a wall enclosing a grave-yard, place of worship, cenotaph or Samadhi on land which is, at the time of the notification under sub-section (1) of section 3, occupied by or for the purposes of such place of worship, tomb, Samadhi, cenotaph or graveyard;
(c) excavations (including wells) or other operations made in the ordinary course of agriculture;
(d) the construction of an unmetalled road intended to give access to land solely for agricultural purposes;
(e) any Area policy within the limits of local authority.
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 the Legislature for a period of fourteen days.
(2) In particulars and without prejudice to the generality 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-section (1) of section 6 shall be made and the information to be furnished in such applications;
(c) in regulation of the laying out of means of access to roads;
(d)  the fees to be charged for the grant and renewal of licences under section 10 and the conditions governing such licences;
(e)  principles and conditions under which applications for permission under this Act may be granted or refused. 
                                                                                        NOTIFICATIONS

Important Notification under Punjab New Capital (Periphery) Control Act, 1952

No. DTC-P-STP(E)/M-160/1958,-
               In exercise of the powers conferred by clause (3) of Section 2 of the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act No. 1 or 1953), and all other powers enabling him in this behalf, the Governor of Haryana hereby appoints all Sub Divisional magistrates of Panchkula District to perform all the functions of the Director exercisable under Section 6-A and 12 of the said Act in respect of the Controlled Areas under their jurisdiction. [Published vide Haryana govt. Gazette (Extra) dated 30.5.2002, at page 1132].
No. DTCP/STP(E)/M-160/3694,-
             In exercise of the powers conferred by clause (3) of Section 2 of the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act No. 1 of 1953), and all other powers enabling him in this behalf, and in suppression of Haryana Government, Town and Country Planning Department, notification No. 10/3/1999-2 TCP, dated the 29th September, 1999, the Governor of Haryana hereby appoints District Town Planner (Enforcement), Panchkula, to perform the functions of the Director, Town and Country Planning Department, Haryana, exercisable under Section 12 of the said Act in respect of the area to which the said Act extends. (Published vide Haryana Govt. Gazette (Extra) dated 20.11.2002].
             No. 2415-IV DP-72/1329 dated 4.4.1972. – In exercise of the powers conferred by Section  3 of the Punjab New Capital (Periphery) Control Act, 1952, the Government of Haryana hereby  declares the revenue estates of the villages specified in the schedule below , to be  controlled areas for the purposes of the said Act.
SCHEDULE

Serial No.

Name of Village

Hadbast No.

1

2

3

 

Tehsil Kalka, District Ambala

 

1.

Karan Pur

88

2.

Kholalhela

89

3.

Ram Nagar

90

4.

Nanakpur

91

5.

Ram Pur Jangi

92

6.

Kona

93

7.

Lehrondi

94

8.

Marranwala

95

9.

Sitomajra

96

10.

Gorakhnat

97

11.

Nowanagar

99

12.

Shahpur

98

13.

Kohla Mola

101

14.

Khokhra

100

15.

Khol Fateh Singh

102

16.

Prem Pura

103

17.

Ram Puri Suri

106

18.

Taikuana

107

19.

Rajipur

108

20.

Suraj Pur

109

21.

Mahabat Pur

110

22.

Milk

111

23.

Baghlana

112

24.

Pinjore

113

25.

Dewal

114

26.

Abdul Pur

115

27.

Ratt Pur

116

28.

Ferozepur

117

29.

Manak Puri Devi Lal

118

30.

Manak Puri Nanak Chand

119

31.

Manak Pur Thakur Dass

120

32.

Lohgarh

121

33.

Dhamala

122

34.

Majri Jaatan

123

35.

Khera

124

36.

Bisawal

125

37.

Gariran

126

38.

Kirat Pur

127

39.

Charnain

128

40.

Johluwal

129

41.

Khehawali

130

42.

Banoe Khudabaksh

131

43.

Banoe Shahwalia

132

44.

Nagal Ruttal

133

45.

Thane Keser

134

46.

Bar

135

47.

Paragain

136

48.

Kandiale

137

49.

Nagal Bhaga

138

50.

Paploha

139

51.

Majra Mehtab

140

52.

Tagra Kagan

141

53.

Tagra Sahu

142

54.

Tagra Hassua

143

55.

Tagra Hari Singh

144

56.

Tagra Kali Ram

145

57.

Kanguwalla

146

58.

Auriana

147

59.

Khera Sita Ram

148

60.

Bheron Keser

149

61.

Tagra Hakimpur

150

62.

Basdev Pura

151

63.

Dharam Pur

152

64.

Bitna

153

65.

Damdma

154

66.

Bhawana

155

67.

Jaithal

156

68.

Tipra

157

69.

Nlota

158

70.

Toran

159

71.

Dhatogran

160

72.

Kjiana

161

73.

Janauli

162

74.

Nala Dakrog

163

75.

Nala Damehara

164

76.

Nala Balog

165

77.

Jabrot

166

78.

Kohi

167

79.

Begharni

168

80.

Dhakrog

169

81.

Ghawai

170

82.

Dhamshoo

171

83.

Tibbi

172

84.

Birghutti

173

85.

Malla

174

86.

Nand Pur

175

87.

Kidar Pur

176

88.

Mal Pur

177

89.

Sandas Pur

178

90.

Jhalla

179

91.

Bansghati

180

92.

Fatehpur Alias Dewanwala

181

93.

Hari Pur (Hari Singh)

182

94.

Kharkuwa

183

95.

Dehra Guru

184

96.

Chikkan

185

97.

Jodh Pur

186

98.

Hari Pur Chapehar

187

99.

Ganesh Pur Bhorian

188

100.

Pattan

189

101.

Bhog Pur

190

102.

Nagal Sodhian

191

103.

Islam Nagar

192

104.

Bhagwan Pur

193

105.

Mira Pur Bakhshi Wala

194

106.

Rai Pur

195

107.

Kotian

196

108.

Gumthala

197

109.

Ghonki

198

110.

Nada

199

111.

Kundi

366

112.

Birferozeri

364

113.

Birbabupur

365

114.

Fatehpur

367

115.

Mahesh Pur

368

116.

Raili

369

117.

Abhepur

373

118.

Bhudhan Pur

372

119.

Suketri

376

120.

Bhainsa Tiba

377

121.

Balas Pur

378

122.

Judian

379

123.

Kurari

394

124.

Dhillan

380

125.

Dhamsoo

381

126.

Madal Pur

382

127.

Hari Pur

383

128.

Devi Nagar

384

129.

Majri

385

130.

Ferozepur Kallan

386

131.

Ferozepur Khurd

387

132.

Kharak Mangoli

388

133.

Suraj Pur

389

134.

Dara Kharoni

390

135.

Chandi Mandir

391

136.

Bir Ghaggar

392

137.

Kalka

393

 

Tehsil Naraingarh, District Ambala

 

138.

Dabkori

224

139.

Bunga

225

140.

Asrai Wali

226

141.

Nadlan

227

142.

Kui Wali

228

143.

Nangal Mogi Nand

229

144.

Manori Wala

230

145.

Bana Madan Pur

231

146.

Ram Garh

232

147.

Mankan

233

148.

Bahani

234

149.

Lana

235

150.

Shimli Pur

236

151.

Behla

237

152.

Kot

238

153.

Jaswant Garh

239

154.

Bhoj Mataur

317

 

The Punjab New Capital (Periphery) Control Rules, 1959

Published vide Punjab Government Gazette, dated the 4th May 1959.

Haryana Govt. Gazette C.S. Part III dt 11-9-1973

                                            CONTENTS
Rule No.
1 Short title and commencement
2 Definitions
3 Publication of notification and plans of controlled area
4 Form of plan of controlled area
5 Form of register under sub-section (7) of Section 6 of the Act
6   Form or applications
7 Power to reject incomplete application
8 Lapse of sanction
9 Principles to be taken into consideration before granting or refusing applications and the form in which orders passed thereon are to be communicated
10 Cases in which permission to be refused.
11 Persons intending to use land for kilns etc
12 Power to refuse licence to kilns
13 Form of conditions of licence
14 Duration of licence
15 Revocation of licence
16 Fees of licences
The Punjab New Capital (Periphery) Control Rules, 1959
Published vide Punjab Government Gazette, Part III dated the 4th May 1959
1.         Short title and commencement.
(1) These rules may be called the Punjab New Capital (Periphery) Control Rules, 1959.
(2) They shall into force at once
2.         Definitions.
In these rules, unless there is anything repugnant in the subject of context.
(a) “Act” means the Punjab New Capital (Periphery) Control Act, 1952;
(b) “Applicant” means a person who makes an application to the Director under sub-section (1) of Section 6 of the Act;
(c) “brick field” means a place where any kind of a clay is or is caused to be excavated or otherwise obtained for the manufacture of burnt or sun dried bricks and includes any land which is used or is proposed to be used as a site for a brick-kiln;
(d) “brick-kiln” means a place where bricks are burnt;
(e) “Charcoal-kiln” means a place where wood or other carbonaceous materials is burnt for the production of charcoals;
(f) “Form” means a form appended to these rules;
(g) “lime-kiln” means a place where lime is burnt
(h) “pottery-kiln” means a place where china clay or any other kind of clay is baked or heated in the premises for making pottery or porcelain.
3.    Publication of notification and plans of controlled area.
             Copy or copies of the notification issued under sub-section (1) of Section 3 of the Act shall be displayed together with plans indicating the name of each village situated in the controlled area and specifying the nature of restrictions applicable to such area imposed under sub-section (1) of Section 4 of the Act, on the notice board outside the offices of the Director, the Estate Officer, Panchkula and the Tehsildars, Kalka and Naraingarh, and all the Panchayat Houses and Patwar Khanas in the Controlled area.
4.   Form of plan of controlled area.
              [Omitted by Haryana Govt. Gazette L.S. Part III dated 11-9-1973.]
5.   Form of register under sub-section (7) of Section 6 of the Act [Section 6(7)]. –
             The register to be maintained under sub-section (7) of Section 6 shall be in Form E.
6.   Form of applications [Section 6]. –
             Every applicant shall make an application in writing to the Director in Form A and shall, at the same time, submit in duplicate duly signed by himself or his legally authorised agent or attorney a site plan showing the situation of the land according to revenue record, on which the proposed erection or re-erection of any building or excavation or extension or any excavation or laying out of means of access to a road is desired. The plan shall clearly show the number of fields surrounding the proposed site.
7.  Power to reject incomplete application [Section 6]. –
         The Director may decline to accept any application which is not made in accordance with the provisions of rule 6.
8.Lapse of sanction [Section 6]. –
If the building is not erected or re-erected or an excavation is not made or extended or an access to a road is not laid out within six months of the date of sanction, such sanction shall be deemed to have lapsed in respect of such portion of the building or excavation or lay-out, which has not been completed. In regard to the incomplete portion, a fresh application shall have to be made under rule 6.
9.Principles to be taken into consideration before granting or refusing applications and the form in which orders passed thereon are to be communicated [Section 6]. –
(a) The Director may take into consideration the principles and conditions under which applications for permission to erect or re-erect any building or to make or extend any excavation may be granted or refused.
(b) The order passed by the Director under sub-section (2) of section 6 of the Act shall be communicated to the applicant in Form B
10.Cases in which permission to be refused [Section 6].- T
             The Director shall refuse to grant permission to laying out means of access to roads, when:
(i) construction of a metalled or unmetalled road prejudicially affects any graveyard, place of worship, cenotaph or Samadhi or a well; or
(ii) construction of metalled or unmetalled road exceeds 20 feet in width.

  11.Person intending to use land for the kilns etc

              [Section 11] – Every person intending to use any land for the purposes of charcoal-kiln, pottery-kiln, lime-kiln or brick kiln or a brick field [or for quarrying stone, bajri or kankar or manufacturing surkhi, or stone crushing, or for other similar extraction or ancillary operations] shall make an application to the Director in Form C giving necessary particulars against columns provided in the form and such other information as the Director may require to be furnished.
12.  Power to refuse licence to kilns [Section 11].
(1) Before making an order on any application, the Director may make or cause to be made such enquiries as he considers necessary.
(2) The Director shall refuse to grant licence, if the land where it is proposed to establish the brick field, or where it is proposed to use the land for quarrying stone, bajri or kankar or for stone crushing in his opinion is in undue proximity to any inhabited site, or any site which is likely to become inhabited or for any other reason which seems to him just and sufficient
(3) A licence shall not be granted for the establishment of any kiln within a distance of one hundred yards from the outer boundary of any public road.
13.       Form of conditions of license [Section 11]. –
              Every license granted under these rule shall be in Form D and shall be deemed to be granted subject to the conditions set forth therein and subject to such further conditions as the Director may consider it desirable to attach with a view to securing the safety or convenience of the public or any portion of the public.
14.       Duration of licence [Section 11].-
               Every licence granted under these rules shall be effective for a period of one year from the date of issue but may be renewed by the Director as often as he may think fit for further periods on yearly basis.
15.       Revocation of licence [Section 11]. –
               The Director may revoke the licence prior to the date of expiry for the infringement of any of the conditions imposed at the time granting the same
16.       Fees of licences [Section 11]
The following fees shall be payable for licenses issued under these rules:

I.  For the initial grant of a licence for:

 

(i)  a brick-field including not more than one brick kiln of standard size

Rs. 40.00 a year

(ii) a charcoal kiln

Rs. 10.00 a year

(iii) a pottery kiln (except potter kiln)

Rs. 50.00 a year

(iii-a) a potter kiln

Rs. 5.00 a year

(iv)  a lime kiln

Rs. 25.00 a year

*[(v} quarrying stone, bajri or kankar

Rs. 25.00 a year

*(vi} manufacturing surkhi

Rs. 25.00 a year

*(vii) stone crushing

Rs. 40.00 a year

*(viii) other similar extraction or ancillary operation as in items (v) to *(vii)

The same fee as for main or similar item.

II.  For the renewal of the licence for each year of renewal 

Half the above fees.

III. Additional fees payable for every additional kiln after the first

Full fee as at I above**

IV. Additional fees payable in respect of any brick kiln, which exceeds standard size.

Rs. 20.00 a year

Explanation:-
(1) For the purposes of this rule a brick  kiln of standard size means a brick kiln containing not more than thirty two chambers each capable of burning twenty-five thousand bricks at one loading
(2) Applications for the renewal of licence shall be preferred to the Director not less than one month before the date when the licence is due to expire. If the application for renewal of licence is preferred at any later time, the fee for renewal shall be full fee for a new licence
(3) The fees set forth in rule 16) (III) and (IV) shall be payable from and on the date when additional brick kiln is brought into use or a brick kiln is made to exceed the standard size, as the case may be, and when the initial payment of an additional fee is made, it shall cover the outstanding period for which the licence is then effective and no more. If the additional brick kiln is still in use or the brick kiln still exceeds the standard size, at any time when the licence becomes due for renewal, additional fee for the next year shall be payable with the fee for the renewal of the licence.
Form “A”
Application under subsection (1) of section 6 of the Punjab New Capital (Periphery) Control Act, 1952.
To,
        Director Town & Country Planning Dept.,
         Haryana,Chandigarh.
Sir,
I/We request for permission to:-
(i) erect or re-erect a building;
(ii) make or extend any excavation;
(iii) layout means of access to a road in the controlled area.
The required particulars are given below:-
(i) Name(s) of the applicant(s) (in Block letters).
(ii) Father’s Name
(iii) Village
(iv) Hadbast No.
(v) Tehsil ______________ District ________________
(vi) Khasra No
(vii) Area
Bounded by:-
                      East 
                      West 
                      North 
                      South
(viii) Purpose for which the building / well / road / excavation is to be used.
                          I/We enclose the following documents in duplicate:-
(a) site plan showing therein the existing structure, if any;
(b) the building plan;
(c) the copy of jamabandi;
(d) Akash Shajra parchi
                     I/We solemnly affirm that the particulars given above are correct to the best of my/our knowledge and belief.
 
Signature of the applicant 
Attested
Oath Commissioner / Magistrate
1st Class
 
FORM “B”
[See Rule 9 (b)]

Form for the grant of or refusal of permission under Section 6 (2) of the Punjab New Capital (Periphery) Control Act,1952

 
From
        Director Town & Country Planning Dept.,
         Haryana,Chandigarh.
To
     Shri/Shrimati …………………….
 
MEMORANDUM
(1)      Reference your application dated ………………… for permission to …………………
(a)                erect or re-erect a building;
(b)                make or extend any excavation;
(c)                layout means of access to a road in the controlled area of village . Hadbast
No………………… Tehsil ……………….. District ………………….. as indicated on the site plan submitted herewith
(2).         Permission is hereby:-
   (a)   Granted subject to the following conditions:-
(i)
(ii)
(b)       Refuses for the following reasons:-
  (b)   Refused for the following reasons:-
(i)
(ii)
3.         A copy of the site plan / building plan is / are returned duly approved / rejected.
                                                                                                                   Sd/-
    DTCP,Haryana,                                    
Chandigarh.                                         
 
Form “C”
(See Rule 11)
Application for licence to establish and operate charcoal kiln,pottery kiln ,lime kiln ,brick kiln or brick field or stone bajri or kankar quarry or surkhi manufacturing or stone crushing or other similar extraction or ancillary operation.
To,
        Director Town & Country Planning Dept.,Haryana
        Chandigarh.
Sir,
          As required under sub-section (1) of section 11 of the Punjab New Capital (Periphery) Control Act, 1952, I/We hereby apply for the grant of licence under the said Act, and the Rules framed thereunder to establish and operate a charcoal kiln/pottery kiln/lime kiln/brick kiln/brick field or stone, bajri or kankar quarry or manufacturing surkhi or stone crushing or other similar extraction or ancillary operations in the locality specified below.
       A sum of Rs ............ on account of fee for the licence has been deposited by me in Haryana Treasury at Chandigarh under the head ".............................." and copy of Treasury Challan showing the receipt of the aforesaid amount is enclosed. 
 
Your's Faithfully,
(Signature of applicant)
       If the applicant is a company or if the applicant proposes to operate the the kiln brick field or the stone/bajri/kankar quarry through an agent give the name (with full particulars and address ) of the managing director, Agent or other persons will be in charge of the kiln/brick field/quarry.
          Whether kiln or brick field is proposed to be established.
[FORM “D” ]
(See rule 13)
Licence to establish and operate charcoal kiln/pottery kiln/lime kiln/brick kiln/brick field or for quarrying of stone / bajri / kankar quarry or surkhi manufacturing / stone crushing or for similar extraction or operations
 

                  In pursuance of the provisions of sub-section (1) of Section 11 of the Punjab New Capital (Periphery) Control Act, 1952 this licence is granted to Shri………… under the Act to establish and operate a charcoal kiln, pottery kiln, lime kiln, brick field or brick kiln, or stone / bajri / kankar quarry or surkhi manufacturing or stone crushing or for other similar extraction or operation in the land hereinafter described subject to the conditions set forth on the reverse of this licence

Unless renewed, this licence shall to be effective after twelve months from the date of issue.
Signature of the Director  
(Reverse side of licence in Form D)
Name of Village:
Khasra Numbers
Area
CONDITIONS
1. (1)        the licencee shall provide –
(a) adequate and suitable accommodation for the labourers working at the kiln or the brick fields;
(b) a supply of wholesome water for drinking and other domestic purpose;
(c) sufficient and suitable latrines and urinals for the laboruers and an adequate staff of sweepers at least one for every hundred labourers to attend consuming arrangements.
(2)The work shall not be begun in the brick field until the requirements of sub-paragraph (1) above have been complied with to the satisfaction of the Director and a certificate to this effect obtained from him.
2. The licensee shall not permit any person suffering from any contagious or infectious disease to enter or be upon the licence kiln or brick field or quarry.
3.          No excavation shall be made in any kiln or part of the brick field or quarry to a depth of more than five feet below the surface level whether for the removal of clay to be used for making bricks or for any other purposes or for the removal of stone / bajri / kankar.
4.          The licensee shall comply with all directions that may be given by the Director, in writing, for the regulation of excavation and the provision of proper drainage or with a view to ensuring that rain or flood water shall collect at one place or in the kiln on the brick field instead of at a number of places and on completion of operation shall remove all structure and dress and tidy the site to the satisfaction of the Director.
5.          The whole of the area of the brick kiln / quarry shall be opened at all times to be inspected by the Director or any official deputed by him to inspect on his behalf.
6.          The grant of licence is subject to the condition that a licence under the East Punjab Control of Bricks Suppliers Act, 1949 (No. 1 of 1949), is obtained from the Industries Department.
A brick-kiln of standard size means a kiln containing not more than 32 chambers each capable of burning 25,000 bricks, at one loading.]
 
FORM “E”
  (See Rule 5)
Form of register to be maintained under sub-section (7) of Section 6 of the Punjab New Capital (Peripheri) Control Act, 1952.

Serial No.

Date of Receipt

Name of particulars of the applicants

Description of the land or site of village

Village

1

2

3

4

5

 

 

 

 

 

 

 

Condition of property units use on the date of notice u/s 3(2) Purpose for which permission is required Date of order Permission granted / refused with conditions / grounds of trant/refusal Order on appeal, if any

Tehsil and District

Remarks

6 7 8 9 10

11

12