Scheduled Road/ Controlled Area

The Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963


(Punjab Act No. 41 of 1963)

General Information:

Received the assent of the President of India on November 22, 1963 was published in the Punjab Government Gazette (Extraordinary), Legislative Supplement, Part I, dated November 30, 1963 / Agrahayana 9, 1885, Saka

 

An Act to prevent haphazard and sub-standard development along scheduled roads and in controlled areas in the State of [2][Haryana]

 

Be it enacted by the Legislature of the State of Punjab in the Fourteenth year of the Republic of India as follows:-

 

1.

Short title and extent.—

 

(1)

This Act may be called the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963.

 

(2)

It extends to the whole of the State of 2[ Haryana ]

2.

Definitions.— In this  Act, unless the context otherwise requires,---

 

(1)

“Agriculture” includes horticulture, dairy farming, poultry farming and the planting and upkeep of an orchard;

 

(2)

“Amenity” includes roads, water supply, street lighting, drainage, sewerage, public parks and any other convenience which the Government may by notification specify for the purposes of this Act;

 

(3)

“Bye-pass” means a road provided as a permanent diversion to a scheduled road, whether such diversion is situated within or without the limits of a local authority and whether it is constructed before or after the commencement of this Act;

 

[3][(4)

“Commissioner” means Commissioner and Secretary to Government, Haryana, Town and Country Planning Department ;]

 

(5)

“Controlled Area” means an area declared under section 4 to be a controlled area

 

(6)

“Director” means the Director of Town and Country Planning [Haryana], and includes any person for the time being appointed by the Government by notification to exercise and  perform all or any of the powers and functions of the Director under this Act and the rules made there under in respect of any scheduled road or controlled area;

 

(7)

“the Government” means the government of the State of  2[Haryana].

 

(8)

“Prescribed” means prescribed by rules made under this Act;

 

(9)

“Road reservation, in relation to a scheduled road” means the land, whether metalled or unmetalled, which vests in the Government  or the Central Government or a local authority for the purposes of such road and the boundaries of which are demarcated by pillars, posts or wires or in any other manner;

 

[4][(10)

“Scheduled road” means a road specified in the Schedule to this Act which is wholly situated within the State of [Haryana], and, where, any road so specified is not so situated, the  portion of such road which is situated in the State of [Haryana], and  includes a “bye-pass”, but does not include any part  of such road or portion, not being a  bye pass, which is situated in the limits of a local authority;

 

 

Explanation – For the purposes of this clause “local authority” means a cantonment board, municipal committee, notified area committee or an improvement trust.]

 

(11)

“Building” means any shop, house, hut, outhouse, shed or stable, whether used for the purpose of human habitation or otherwise and whether  of masonry, bricks, wood mud thatch, metal or any other material whatever; and includes “wall” and “a well”;

 

(12)

“erect or re-erect any building” includes-

   

(a)

any material alteration or enlargement of any building;

   

(b)

the conversion by structural  alteration into a place for human habitation of any building not

     

originally constructed for human habitation;

   

(c)

the conversion into more than one place for human habitation of a building originally

     

constructed as one such place;

   

(d)

the conversion of two or more places of human habitation into a greater number of such places;

   

(e)

such alternations of a building as affect an alteration of its drainage or sanitary arrangements, or materially effect its security,

   

(f)

the addition of any rooms, building, outhouses, or other  structures to any building; and

   

(g)

the constructions in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on  to such street or land;

 

[5][(13)

“expressway” means a road as may be notified by the Government from time to time in the Official Gazette, and includes the portion of such road which is situated in the State of Haryana, within or outside the limits of a local authority.]

3.

Prohibition to erect or re-erect buildings along scheduled roads. –[6][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 within one hundred meters of either side of the road reservation of a bye-pass or within thirty meters on either side of the road reservation of any scheduled road not being bye-pass or expressway. ]:

 

Provided that nothing in this section shall apply to-

   

(a)

the repair to a building which was in existence immediately before  the commencement of this Act or any erection or re-erection of such a building which does not involve any structural alteration or addition therein; or

   

(b)

the  erection or re-erection of a building, which was in existence immediately before the commencement of this Act and which involves any structural alteration or addition with the permission of the Direction; or

   

[7][(bb)

a building which was in existence, immediately before the commencement of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Ordinance, 2009 (Haryana Ordinance No. 1 of 2009), or to any repair, erection, re-erection of such a building which does not involve any structural alteration or addition therein, on payment of such fee, as may be prescribed; or

   

(c)

the laying out of any means of access to a road with the permission of the Director; [8][or]

   

(d)

the erection or re-erection of a motor-fuel-filling station  or a bus queue-shelter with the permission of the Director 4[;or]

   

[9][(e)

“the public utility buildings “and” community assets” which were in existence immediately before the commencement of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Second Amendment & Validations) Act, 1996.

     

Explanation.— (1) “ Public utility buildings” means buildings belonging to Government, Government controlled Organizations, Local  Bodies, Voluntary Organisations and individuals which are being used for the benefit of public at large without profit motive.; and

     

(2) “Community assets” means assets belonging to Government, Government Controlled Organizations, Local bodies, Voluntary Organizations, and individuals which are created for the beneficial use of public at large without profit motive]

4.

Declaration of controlled area.—

 

[10][(1)

The Government may, by notification in the Official Gazette, declare any area outside the limits of municipal town or any other area, which in its opinion has the potential for building activities, industrial, commercial, institutional, recreational estates/activities and uses subservient to the above, to be a controlled area for the purposes of this Act.]

 

(2)

The Government shall also cause the contents of the declaration made under sub-section (1) to be published in at least two newspapers printed in a language other than English.

 

5.

Publication of plans etc. in controlled area. –

 

(1)

The Director shall, not later than [11][one year] from the declaration under sub-section (1) of section 4 or within such further period as the Government may allow, prepare plans in the prescribed manner showing the controlled area and signifying therein the nature of restrictions and conditions proposed to be made applicable to the controlled area and submit the plans to the Government.

 

(2)

Without prejudice to the generality of the powers specified in subsection (1), the plans may provide for any one or more of the following matters, namely:-

   

(a)

the division of any site into plots for the erection or re-erection of any building and the manner in which such plots may be transferred to intending purchasers or lessees;

   

(b)

the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;

   

(c)

the development of any site into a town ship or colony and the restrictions and conditions subject to which such development  may be undertaken or carried out;

   

(d)

the erection or re-erection of buildings on any site and the restrictions and  conditions in regard to the open spaces to be maintained in or around buildings and the height and character or buildings;

   

(e)

the alignment of buildings on any site;

   

(f)

the architectural features of the elevation or frontage of buildings to be built on any site;

   

(g)

the amenities to be provided  in relation to any site or buildings on such site whether before or after the erection or re-erection of buildings and the person or authority by whom such amenities are to be provided ;

   

(h)

the prohibition or restrictions regarding erection or re-erection of shops, workshops, where houses or factories or buildings of a specified  architectural feature or buildings designed for particular purposes in any locality;

   

(i)

the maintenance of walls, fences, hedges, or any other structural or architectural construction and the height at which they shall be maintained;

   

(j)

the restrictions regarding the use of any site for purposes other than the erection or re-erection of buildings;

   

(k)

any  other matter which is necessary for the proper planning of any controlled area and for  preventing building being erected or re-erected haphazardly in such area.

 

(3)

The Government may either approve the plans without modifications with such modifications as it may consider necessary or reject the plans with directions to the Director to prepare fresh plans according to such directions.

 

(4)

The government shall cause to be published by notification the plans approved by it under sub-section (3) for the purpose of inviting objections thereon.

 

(5)

Any person may, within thirty days from the date of publication of the notification under sub-section (4) , send to the Director his objection and suggestion in writing, if any, in respect of such plans and the Director shall consider the same and forward them with his recommendations to the government within a period of sixty days from the  aforesaid date.

 

(6)

The Director shall also give reasonable opportunities to every local authority, within whose local limits any land included in the controlled area is situated, to make any representation with respect  to the  plans.

 

(7)

After considering the objections, suggestions and representations, if any,  and the recommendations of the Director thereon, the Government shall decide as to the final plans showing the controlled area and signifying therein the nature of restrictions and conditions applicable to the controlled area and publish the same in the Official Gazette and  in such other manner as may be prescribed.

 

(8)

Provision may be made by rules made in this behalf with respect to the form and content of the plans and with respect to the procedure to be followed, and any other matter in connection with the preparation, submission and approval of the plans.

 

(9)

Subject to the foregoing provisions of this section, the Government may direct the Director to furnish such information as the Government may require for the purpose of approving the plans submitted to it under this section.

6.

Erection or re-erection of buildings etc. in controlled  areas.—

   

Except as provided hereinafter, no person shall erect or or-erect any building or make or extend any excavation or lay out any means or access to a road in a controlled area save in accordance with the plans and the restrictions and conditions referred to in section 5 and with the previous permission of the Director:

   

  Provided that no such permission shall be necessary for erection or re-erection of any building if such building is used or is to be used for agricultural purpose or purposes subservient to agriculture:

   

 [12] [Provided further that nothing in this section shall apply to a building constructed along the extension of the scheduled road located in the limit of the local authority and which was in existence immediately before the commencement of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Ordinance, 2009, on payment of such fee, as may be prescribed.]

7.

Prohibition on use of land in controlled areas.—

 

(1)

No land within the controlled area shall, except with the permission of the Director, [13][and on payment of such conversion charges as may be prescribed by the Government from time to time] be used for purposes other than those for which it was used on the date of publication of the notification under sub-section (1) of Section 4, and no land within such controlled area shall be used for the purposes of a charcoal-kiln, pottery kiln, lime-kiln, brick-kiln or bricks field or for quarrying stone, bajri, surkhi, kankar or for other similar extractive or ancillary operation except under and in accordance with the conditions of a licence from the Director on payment of such fees and under such conditions as may be prescribed:

   

[14][Provided that any fee or charges leviable, if not paid within the specified period, shall be recoverable as arrears of land revenue.]

   

[15][(IA) Local authorities, firms and undertakings of Government, colonisers and persons exempted from obtaining a licence under the Haryana Development and Regulations or Urban Areas Act, 1975, and authorities involved in land development will also be liable to pay conversion charges but they shall be exempt from making an application under section 8 of this Act.]

 

(2)

The renewal of such licences may be made 4[after three years] on payment of such fees as may be prescribed

4[7A.

Power of relaxation .- The Government may, in public interest, relax any restrictions  or conditions in so far as they relate to land use prescribed in the controlled  area in exceptional circumstances.]

8.

Application for permission etc. and the grant or refusal thereof. -

 

(1)

Every person desiring to obtain the permission referred to in Section 3 or Section 6 or Section 7 or licence under Section 7 shall make an application in writing to the Director in such form and containing such information in respect of the land, building, excavation or means of access to a road 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 or licence subject to such conditions if any, as may be specified in the order, or

   

(b)

refuse to grant such permission or license.

 

(3)

The Director shall not refuse permission to the erection or re-erection of a building which was in existence in a controlled area on the date on which the  notification under sub-section (1) of Section 4 was published, nor shall he impose any condition in respect of such erection or re-erection unless he is satisfied, after affording to the applicant an opportunity of being heard, 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 notification was published.

 

(4)

If, at the expiration of 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, the permission shall, without prejudice to the restrictions and conditions signified in the plans published in the official Gazette under sub-section (7) of Section 5, be deemed to have been given without  the  imposition of any conditions.

   

[16][Provided that such time limit of three months shall not be applicable to the cases where directions have been issued by the Government under section 11 of the Act and require approval of the Government accordingly.]

   

[17][Provided further that where an application is made for change of land use for industrial purpose and orders are to be passed by the Director, the time limit for granting permission shall be two months.]

 

(5)

The Director shall maintain such register as may be prescribed with sufficient particulars of all such cases in which permission or license 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 take extracts therefrom.

9.

Power of entry on land or building for survey, etc.- The  Director may authorize any person to enter into or upon any land  or building with or without assistants or workman for the purpose of making any enquiry, inspection, measurement or survey or taking levels:

   

   Provided that no entry shall be made except between, the hours of sunrise and sunset and without giving twenty-four hours notice to the occupier or owner of such land or building.

10.

Appeals.- Any person aggrieved or affected by an order of the Directors under sub-section (2) of section 8 granting permission or license subject to conditions or refusing permission or licence may, within sixty days from the date of such order, prefer an appeal to the [18][Commissioner and Secretary to Government, Haryana, Town and Country Planning Department whose orders] on such appeal shall be final.

[19][10A.

Revision.—The Government may call for the record of any case pending before, or disposed of by any subordinate authority for the purpose of satisfying  itself as to the legality or propriety of any proceedings  or of any order made therein and may pass such order in relation thereto as it may think fit.

10B. 

Review. – The Director may, either of his own motion or on an application of any party interested, review, and on so reviewing modify, reverse on confirm any order passed by himself or by any of his predecessors in office-

 

Provided that-

 

(a)

When the Director proposes to review any order passed by his predecessor in office, he shall first obtain the sanction of the Government;

 

(b)

No application  for review of an order shall be  entertained unless it is made within a period of sixty days from the date of passing of the order, or unless the applicant satisfies the  Director that he had sufficient cause for not making the  application within that period;

 

(c)

No order shall be modified or reversed unless the parties concerned have been afforded a reasonable opportunity of being heard;

 

(d)

No order against which an appeal has been preferred shall be reviewed]

11.

Control by Government.- The Director shall carry out such directions as may be issued to him from time to time by the Government for the efficient administration of this Act.

12.

Offence and penalties.-

 

(1)

Any person who-

   

(a)

erects or re-erects any building or make or extends any excavation or lays out any means of access to a road in contravention of the provisions of Section 3 or Section 6 or in contravention of any conditions imposed by an order under Section 8 or Section 10, or

   

(b)

Uses any land in contravention of the provision of sub section (1) or Section 7 or Section 10.

   

shall be punishable with [20][imprisonment of either description for a term which may extend to three years and shall also be liable] to fine which may extend to [21][fifty thousand rupees but not less than ten thousand rupee] and, in the case of a continuing contravention, with a further fine which may extend to [22][one thousand rupees] for every  day after the date of the first conviction during which he is proved to have persisted in the  contravention.

 

[23][(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 affixing 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 appeal 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;

   

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.]

[24][12-A.

 Duty of police officers.- It shall be the duty of every police office:-

 

(1)

to communicate without delay  to the Director of any other  officer authorized 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 rule or regulation made thereunder,

 

(2)

to assist the Director any other officer authorized in writing, by him, in this behalf, in the lawful exercise of any power vested in the Director or any other officer authorized in writing by him, in this behalf, under this Act or any rule or regulation made thereunder.

12-B. 

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 against this Act or any rule made thereunder, if the name and  address of such person be unknown to him and if such person, 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 authorized to try the office 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.]

[25]{12-C.

Constitution of Tribunal. -

 

(1)

With effect from   such date as the Government may, by notification, constitute a Tribunal consisting of [26][a Chairman who is a retired Judge of the High Court]   and a member of the rank of Chief Engineer having special knowledge about roads and highways. If the  members of the Tribunal  are divided over some matter, the decision of the Chairman of the Tribunal shall prevail.

 

(2)

The Tribunal shall have its sitting at Chandigarh or at any other place as per its convenience.

 

(3)

A person aggrieved by the orders of Director passed  under sub-section (2) or sub-section (3), as the case may be, of section 12 of the Act, may file an appeal to the Tribunal within a period of sixty days and the decision of the Tribunal on such appeal shall be final. The Tribunal shall also hear the cases involving constructions made up to 28th April, 1995 in violation of the Act along scheduled roads and otherwise as if these were appeals against the order of Director. Any case against the orders of Director passed under sub-section (2) or sub-section (3)  of section 12 of the Act pending in any court of law except High Court or Supreme Court shall be transferred to the Tribunal.}

13.

Offences of companies.-

 

(1)

Where an offence under this Act has been committed by a company, the company as well as every person incharge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly;

   

   Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that the exercised all due diligence to prevent the commission of such offence.

 

(2)

Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed  with the consent or connivance of, or that the commission of the offence as attributable to any neglect on the part of, any Director, Manager, Secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against  and punished accordingly.

   

Explanation:-- For the purposes of this section - -

   

(a)

“company” means anybody corporate and includes a  firm or other association of individuals, and

   

(b)

“director” in relation to a firm is a partner in the firm.

14.

Composition of offence.-

 

(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.

15.

Trial of offence and special provision regarding fine.-

 

(1)

No court inferior to that of [27][Judicial Magistrate] of the First Class shall be competent to try any offence punishable under this Act.

 

(2)

Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any  1[Judicial Magistrate] of the  First Class to pass a sentence of fine not exceeding the pecuniary limit specified in the section as in force in any part of the State on any person convicted of an offence punishable under this Act.

16.

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 authorized in writing by the Director in this behalf.

17.

Officer to be public servants. - The Director  and every other officer or employee acting under this Act or the rules made thereunder shall be deemed to be a public servant  within the  meaning of section 21 of the Indian Penal Code.

18.

Power to amend the schedule.- The Government may by notification add to the schedule to this Act any other road not specified therein or omit therefrom any road specified therein, and on the issue of such a notification the  Schedule shall be deemed  to be amended accordingly.

19.

Delegation.-- The Government may by notification direct that any power exercisable by it under this Act, except the power specified in sub-section (1) of section 4, sub-sections (3) and (7) of section 5, section 18 and section 25, shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by such officer or authority subordinate to the Government as may be specified in the notification.

 

(2) The Director may, with the approval of the Government, by an order in writing  delegate any of his powers and functions under this Act or the rules made thereunder to such other officer subordinate to him as may be specified in such order.

20.

Indemnity.--

 

(1)

No suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

 

(2)

No suit or other legal proceeding shall lie against the government for any damage caused by anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

21.

Bar of jurisdiction  of civil courts.-- No civil court shall have any jurisdiction to entertain or decide any question relating to matters falling under this Act or the rules made thereunder.

22.

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

 

(a)

the area comprised in the abadi deh of any village;

 

 

 

[28][(aa) The area adjacent to the abadi deh 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 60% of the existing village abadi deh;]

 

 

(b)

the erection or re-erection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard, place worship, cenotaph or samadhi on land which, on the date of publication, of the notification under sub-section (1) of section 4, is occupied by or for the purpose of such worship, tomb, cenotaph, graveyard or samadhi;

 

 

(c)

Excavations (including wells) or other operations made in the ordinary course of agriculture; and

 

 

(d)

The construction of an unmetalled road intended to give access to land for agricultural purposes or purposes subservient to agriculture.

 

23.

Effect of other laws.—

 

(1)

Nothing in this Act shall affect the operation of --

   

(a)

the Punjab New Capital (periphery) Control Act, 1952 (Punjab Act of 1953);

   

(b)

[29][* * * * * ]

   

(c)

the Punjab Slum Areas (Improvement and Clearance) Act, 1961 (Punjab Act 24 of 1961);

   

(d)

2[* * * * * ]

 

(2)

Save as aforesaid, the provisions of this Act and the rules made thereunder shall effect notwithstanding anything inconsistent therewith contained in any other law.

 

(3)

Notwithstanding  anything contained in any such other law - -

   

(a)

when permission required under this Act for doing any act or taking any action in respect of any land has been obtained, such act or action shall not be deemed to be unlawfully done or taken by reason only of the fact that permission, approval or sanction required under such other law for doing such act or taking such action  has not been obtained;

   

(b)

when permission required under this Act for doing such  act or taking such action has not been obtained, such act or action shall not be  deemed to be lawfully done or taken by reason only of the fact that permission, approval or  sanction required under such other law for the doing of such act or the taking of such action has been obtained.

24.

Saving.— Nothing in this Act shall affect the power of the Government or any other authority to acquire land or to impose restriction 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.

25.

Power to make rules. -

 

(1)

[30][The Government may, by notification in the Official Gazette, subject to the condition of previous publication, make rules for carrying out the purposes of this Act and may give them prospective or retrospective effect.]

 

(2)

In particular, 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 manner, in which the plans in respect of controlled area shall be prepared under

     

sub-section (1) of section 5;

   

(b)

the other manner in which the final plans in respect of a controlled area shall be published;

   

(c)

the Form and  contents of the plans in respect of a controlled area and the procedure to be followed and any other matter in connection with the preparation, submission  and approval of the plan;

   

(d)

the conditions on which the licences under section 7 shall be granted or renewed and  the fees to be charged for the grant and renewal thereof;

   

(e)

the form in which application for permission or licence shall be made under sub-section (1)

     

of section 8 and the information which shall be furnished therein;

   

(f)

the principles and condition under which application for permission  or licence under this Act may be granted or refused;

   

[31][(ff) 

the recovery of arrears of fee and charges under section 7;]

   

(g)

the form and manner in which the register referred to in sub-section (5) of section 8 shall

     

be maintained;

   

(h)

the procedure to be followed in hearing appeals under [32][sections 10 and 12C], the  fees to be paid in respect of, and the document which shall accompany such appeals; and

   

(i)

any other matter which may be prescribed.

THE SCHEDULE

[See section 2 (10) and 18]

(1)

Grand Trunk Road (from Delhi to Amritsar and on the border with Pakistan)

(2)

[33][ * * * * * ]

(3)

Delhi-Mathura Road,

(4)

Delhi-Alwar Road,

(5)

Delhi-hisar –Sulebanki Road,.

(6)

Ambala-Kalka Road.

(7)

4[ * * * * * ]

(8)

4[ * * * * * ]

(9)

4[ * * * * * ]

(10)

panipat-Rohtak-Bhiwani Road,

(11)

4[ * * * * * ]

(12)

Gurgaon-Delhi Road via Qutab.

(13)

Sonepat-rohtak Road

(14)

Kharkhauda-Delhi border Road,

(15)

Sonepat-Murthal Road

(16)

Sonepat-Rathdana Road,

(17)

4[ * * * * * ]

(18)

Sonepat-Gohana Road,

(19)

[34][ * * * * * ]

[35]{(20)

1[ * * * * * ]

(21)

1[ * * * * * ]

(22)

1[ * * * * * ]

(23)

Ambala-Patiala-Sangrur-Barnala-Bhatinda-Malout-Abohar-Rajasthan Border towards Hanumangarh Road.

(24)

1[ * * * * * ]

(25)

1[ * * * * * ]

(26)

1[ * * * * * ]

(27)

1[ * * * * * ]

(28)

Patiala-Patran-Narwana-Jind road.}

[36][(29)

Sonepat-Bahalgarh Road starting from Sonepat upto Haryana U.P. Border.]

[37][(30)

Delhi-Jaipur road (Portion falling in Haryana State from Gurgaon to State boundary with Rajasthan)[38].

(31)

New Haryana State Highway direct from mile No. 8 of Ambala-Jagadhri Road to Panchkula through Haryana Territory.

(32)

Jind Gohana Road.

(33)

Yamuna nagar Billaspur-Sadhaura-Naraingarh-Raipur Rani-barwala Road

(34)

Ambala-Pehowa – Kaithal – Narwana – Uklana – Fatehabad Road

(35)

Ambala – Jagadhri Road.

(36)

Saharanpur-yumuna nagar-ladwa Pipli-Pehowa-Guhla Road.

(37)

Karnal-Kaithal Road.

(38)

Kaithal-Deoban-Nikuran-Jind Road (Section Deoban to Nikuran).

(39)

Panipat-Assandh-Deoban-Kaithal

(40)

Karnal-Assandh Jind-Hansi Road.

(41)

Jind-rohtak-Jhahhar-Riwari  road.

(42)

Narnaul-Mohindergarh-Dadri-Bhiwani-Hansi-Barwala-Tohana Road.

(43)

Hissar-Sewani-Singhni Road.

(44)

Bhiwani-Laharu Road.

(45)

Hissar-Tosham-Bhiwani Road

(46)

Bhadurgarh – Jhajjar – Kosli – Kanina – Mohindergarh Road

(47)

Jhajjar – Dadri – Laharu Road.

(48)

Bhadurgarh – Badli- Gurgaon – Pali – Ballabgarh Road

(49)

Palwal – Sohna – Rewari – Narnaul Road.

(50)

Uklana – Hissar Road

(51)

Gohana – Meham – Bhiwani Road

(52)

Jind – Safidon Road.

(53)

Jhajjar-Sampla – Kharkhauda Road]

(54)

[39][Gurgaon – Faridabad Road]

[[40](55)

Delhi – Gurgaon (via Dunda-Hera) Road

(56)

Kala-Amb- Ambala Road.

(57)

Kala-Amb-Sadhaura Shahbad Thol Road.

(58)

Jagadhri-Paonta Road.

(59)

Kunjpura to Karnal Road

(60)

Kaithal to Khanauri upto State Border.

(61)

Jind – Barwala – Agroha – Adampur – Bhadra (Upto Rajasthan Border)

(62)

Hansi-Tosham Satnali,

(63)

Jind-Mundhal – Bhiwani Road.

(64)

Rewari – Dahina – Kanina Road

(65)

Mohindergarh – Satnali – Loharu.

(66)

Gurgaon – Rewari Road via pataudi (Upto Rajasthan Border)

(67)

Narnaul – Singhana (Upto State Boundary).

 

(68)

Karnal-Kaur – Peohwa – Patiala

 

(69)

Karnal – Ladwa – Shahbad

 

(70)

Gohana – Safidon  (via Jagsi)

 

(71)

Kaithal-Patiala Road (Upto Haryana Border.)

 

(72)

Shahajahanpur  to Rewari.

 

(73)

Jhajjar – Farukhnagar Chandu Road.

 

(74)

Nizampur – Narnaul

 

(75)

Sewani Jhumpa – Rajgarh

 

(76)

Budhlana – Ratia – Fatehabad – Bhattu – Bhadra

 

(77)

Sardulgarh- Sirsa – Ellenabad

 

(78)

Mile 8 from Saha on Ambala – jagadhri Road to Shahbad

 

(79)

Panipat to Sanauli upto U.P.Border

 

(80)

Faridabad to Dankaur upto U.P.Border.

 

(81)

Dabwali – Chautala ( Upto State  Border).

 

(82)

Pinjore – Nalagarh (Upto State Border)

 

(83)

Panchkula – Morni Road.

 

(84)

Jhajjar – Badli to Delhi Border

 

(85)

Satnali – Bhadra jui-Kairu – Tosham

 

(86)

Dadri – Jhajju Kalan – kadam Satnali

 

(87)

Nizampur – Nangal – Durgu - Nangal Chaudhry

 

(88)

Narnaul – Nangal Chaudhry – badhwal

 

(89)

Hodel – Punhana – Nagina

 

(90)

Hodel – Utwar – Nuh – Taoru – Pataudi – Patauda

 

(91)

Pali – Dhauj – Sohna

 

(92)

Palwal – Hathin – Utwar – Bhadas

 

(93)

Palwal – Mandokoula Nuh Road

 

(94)

Mahrauli – Gurgaon Road of Faridabad]

 

[41][(95)

Karnal – Meerut Road (Upto Border)

 

(96)

Approach road from Panipat Sanauli Road to village Kala Amb (Historical Place).]

 

 

 

The Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965

 

 

 

NOTIFICATION

 

The 26th May, 1965

 

       

 

   No. G.S.R. 105/P.A. 41/63/S. 25/65—With reference to Punjab Government notification No. GSR 8/P.A. 41/63/S.25/65, dated the 22nd January, 1965, and in exercise of the powers conferred by section 25 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, the Governor of Punjab is pleased to make the following rules, namely:--

 

 

RULES

 

PART I

 

1.

Short title and commencement.—(1)  These rules may be called the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965.

 

 

(2)

They shall come into force at once.

 

***

 

2.

Definitions.— In these rules unless the context otherwise requires:-

 

 

(a)

“Act” means the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963;

 

 

(b)

“Colony” means an area of land, within a controlled area, which is developed or proposed to be developed for the purpose of subdividing it into plots for residential, commercial, industrial or other purposes;

 

(c)

“Coloniser” means an individual, company or association or body of individuals whether incorporated or not including a Co-operative Society owing or acquiring or agreeing to own or acquire, whether by purchase or otherwise, land for the purpose of setting up a colony;

 

(d)

“Development Plan” means the final plan notified in the official Gazette under sub-section (7) of section 5;

 

(e)

“Form” means a form appended to these rules;

 

(f)

“Section” means a section of the Act;

 

(g)

“Sector” means any part of the controlled area indicated as such in the Development Plan;

 

(h)

“Sector Plan” shall mean the Plan as proposed under rule 8 and kept in the office of Director showing the layout of a sector and in particular defining the main road system and approximate location of sites for shopping centre, schools and other public buildings and major open spaces within the sector.

 

[42][(i)

“titile to land” or “titile deed” means a document evidencing applicant’s ownership or lease right for such period, as may be specified by the Government for different purpose.]

***

PART II

 

CONTROL ALONG SCHEDULED ROADS AND BYE PASSES OUTSIDE

 

THE CONTROLLED AREAS

 

 

 

3.

Registration of existing building along Schedule Roads and bye-pass.[Section 3 and 25 (1)].

 

 

(1)

The Director shall, as soon as may be cause a survey of all scheduled roads including bye-passes thereof to be carried out and prepare a liner map on a scale of 200 feet to 1 inch indicating all such buildings, excavations and means of access to the aforesaid road and bye-passes which were within100 meters on either-side of the road reservation in the case of bye-pass and within 30 meters on either side of the road reservation in the case of a Scheduled road.

 

 

(2)

The Director shall maintain a register Form SRI showing all the buildings, excavations and means of access to roads indicated in the map prepared under sub-rule (1).

 

     

 

 

(3)

The Director as well as the official conducting the survey referred to in sub rule (1) shall sign each page of the register maintained under sub-rule (2) in token of correctness of the entries made therein.

 

 

(4)

The Director shall, on application by any member of public make, available, the map referred to in sub-rule (1) and the register referred to in sub rule(2), for inspection free of cost.

 

 

(5)

The Director may after making such enquiries as he considers necessary, amend such map or register, as the case may be, if it is found to be wrong in any particulars.

 

***

 

[43][3A.

Exclusion of building which was in existence, immediately before commencement of Haryana Ordinance No. 1 of 2009. [Section 3, 25(1) and 25(2)(i)].

 

 

(1)

Every owner of a building, which was existence immediately before commencement of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Ordinance, 2009 (Haryana Ordinance No. 1 of 2009), shall make an application in Form SR-IV to District Town Planner of respective district, within six months of the publication of these rules for exclusion of such building form the provisions of section 3 of the Act.

 

 

(2)

Every application shall be made in Form SR-IV and shall be accompanied by the requisite plans, documents/photographs (hard copy) on Compact Disk. In case of failure, to furnish the application together with the plans, documents/photographs and Compact Disk, the same shall be returned to the applicant for submission in accordance with the rules.

 

 

(3)

The Committee consisting of the following officers shall scrutinize the application, namely:-

 

 

 

(i)

District Town Planner/District Town Planner, Enforcement;

 

 

 

(ii)

a representative of the Deputy Commissioner (not below the status of HCS officer);

 

 

 

(iii)

Executive Officer of the concerned Municipal Corporation/Municipal Committee, Municipal Council;

 

 

 

(iv)

Concerned Executive Engineer, Public Works Department (Building and Roads Branch), Haryana.

 

 

(4)

(a)

After scrutiny of the application if the Committee is satisfied it shall, call upon the applicant to deposit the amount at the rate of Rs. 600/- per square metre for the structure/buildings located on National/Highway and Rs. 350/- per square metre for the structures/buildings on Scheduled road other than National Highway, within a period of thirty days from the date of notice given to him under a registered cover and the building shall be deemed to have been excluded from the provisions of section 3 of the Act on payment of aforesaid charges.

 

 

 

(b)

If the applicant fails to submit application within period specified in sub-rule (1) above or deposit the said charges within the period specified in clause (a), such building shall not be deemed to be excluded.]

 

***

 

4.

Application for permission under section 3. [Sections 3, 8 (1) and 25(2) (e)].—

 

 

(1)

Every person requiring permission of the Director for—

 

   

(a)

Erection or re-erection of a building which was in existence immediately before the commencement of the Act and which involves any structural alteration or addition.

 

   

(b)

Laying out any means of access to a road; or

 

   

(c)

Erection or re-erection of a motor fuel-filling station or a sub queue-shelter within 30 meters on either side of a road reservation of a scheduled road, or within 100 meters on either side of a road reservation of a bye-pass, lying outside a controlled area, shall make an application to the Director in Form SR 11 accompanied by Plans and documents mentioned therein.

 

 

(2)

The site plans mentioned in the application shall be drawn to a scale of not less than40 feet to 1 inch and indicate;—

 

   

(a)

the boundaries of the site;

 

   

(b)

the outline of the proposed building with outer dimensions mentioning therein the total area to be covered;

 

   

(c)

existing building, if any, by distinct notation.

 

 

(3)

The building plans mentioned in the application shall be drawn to a scale of not less than 1/8 inches to a foot and indicate;—

 

   

(a)

the plan of all the floors of the building;

 

   

(b)

elevations in typical sections (only in case of motor fuel- filling stations or bus queue shelter); and

 

   

(c)

the plinth level with reference to the level of the center line of the scheduled road or bye-pass, as the case may be.

 

***

 

5.

Principles and conditions under which application under rule 4 may be granted or refused [Sections 3, 8 (1) and 25(2) (f)]— No permission shall be granted on an application submitted under rule 4, unless:

 

   

(a)

the erection or re-erection of the building conforms to the building rules contained in Part VII of these rules;

 

   

(b)

means of access takes off from an existing road or revenue rasta already adjoining the scheduled road or conforms to traffic requirements of the scheduled road as determined from time to time by the Director; and

 

   

(c)

erection or re-erection of a fuel filling stations or bus-queue-shelter is in accordance with the designs and specifications laid down by the Director, from time to time.

 

***

 

6.

Information necessary to validate application under rule 4 [Sections 3,8 (1) and 25(2) (e)].— No application under rule 4 shall be considered to be valid unless:

 

   

(i)

it is made on the prescribed form and all the necessary information required to be filled in that form is given: and

 

   

(ii)

where necessary, it is accompanied by the requisite number of the site plans, building plans and other documents.

 

 

   In case of failure to submit the application in the aforesaid manner the application together with the plans and documents shall be returned to the applicant for resubmission in accordance with the rules.

 

***

 

7.

Form in which other under Section 8(2) is to be passed. [Sections 8(2) and 25(1)]— After an application on the prescribed form containing the requisite information and accompanied by necessary documents as mentioned in rule 4 is received, the Director shall, after making such inquiry as he considers necessary, pass an order under sub-section(2) of Section 8 in Form SR-III. 

 

***

 

PART III

 

PREPARATION OF DEVELOPMENT PLANS

 

8.

Contents of Plans of Controlled area. [Section 5(1) and 25(2) (e)].— Plans of a controlled area prepared under sub-section 5 shall consist of:-

 

(i)

a map showing existing land use including existing building;

 

(ii)

a map showing:-

   

(a)

areas reserved for major land uses such as residential, industrial, commercial and warehousing;

   

(b)

areas reserved for public and community amenities, such as civic centres and educational, recreational and social institutions and major open spaces;

   

(c)

main lines of roads, railways, airports and areas reserved for major public utility services, such as treatment of water supply, disposal of drainage and electricity and gas installations;

   

(d)

lands reserved for major green rural belts;

   

(e)

special areas of aesthetic, sentimental or historic value which require protection;

   

(f)

lands liable to flooding or subsidence; and

   

(g)

stages in which areas reserved for major land uses and the sectors will be permitted to be developed having regard to compact and economical development.

 

Explanation.-- This map may show the above reservations required for the controlled area as a whole and may not show the above reservations within a sector for which a sector plan shall be prepared as and when required;

 

(iii)

A note explaining the proposals illustrated on the map; and

 

(iv)

Zoning regulations containing:-

   

(a)

types of buildings and ancillary and allied uses which may be permitted within a major land use referred to in clause (ii) (a) above; and

   

(b)

any special or general restrictions applicable to a specific part or parts of the controlled area.

***

 

9.

Publications of development plans for inviting objections [Sections 5(4) and 6)] A copy of the development plan notified by Government under sub section(4) of section 5 shall be sent by the Director to every local authority within whose limits any land included in the controlled areas is situated so as to enable it to [44][make any representation within a period of three months it may like] to make with respect to the plan.

 

***

 

10.

Publication of final development plans. [Sections 5(7) and 25(2) (b)]— The development plan as notified by the Government under sub-section (7) of Section 5 shall in addition to its publication in the official gazette be published by displaying copy thereof at a conspicuous place at the office of the-

 

 

(i)

Director;

 

 

(ii)

Estate Officer, if any, having jurisdiction in the controlled area;

 

 

(iii)

Deputy Commissioner of the district in which the controlled area is situated; and

 

 

(iv)

Panchayat Samiti or Samitis in which the controlled area is situated.

 

***

 

PART IV

 

DEVELOPMENT OF COLONIES IN CONTROLLED AREAS

 

11.

Application for permission under Section 7 in case of colonizer [Section 8 and 25(2)] (e)—

 

 

(1)

Every colonizer intending to change the existing use of the land in a controlled area for the purpose of setting up a colony by sub dividing and developing the said land into building plots for residential, industrial, commercial or other purpose shall make an application in writing to the Director in Form CL-1, accompanies by the following plans and documents in triplicate:-

 

   

(i)

Copy or copies of all title deeds and/or other documents showing the interest of the colonizer in the land under the proposed colony alongwith a list of such deed and or other documents.

 

   

(ii)

A copy of the Shajra plan showing the location of the colony alongwith the name of the revenue estate, Khasra number of each field and the area of each field.

 

   

(iii)

A guide map on a scale of not less than 6” to a miles showing the   location of the colony in relation to surrounding geographical features to enable the identification of the land.

 

   

(iv)

A survey plan of the land under the colony on a scale of 1” to one hundred feet showing the spot levels at a distance of 100 feet and where, contour plans. The survey will also show the boundaries and dimension of the said land, the location of streets, buildings and premises within a distance of at least 100 feet of the said land and existing means of access to it from existing roads.

 

   

(v)

Layout plan of the colony on a scale of 1” to one hundred feet, showing the existing and proposed means of access to the colony, the width of streets, sizes and types of plots, sites reserved for open spaces community buildings and schools with area under each and proposed  building lines on the front and sides of plots.

 

   

(vi)

An explanatory note explaining the salient features of the proposed colony, in a particular the source of water supply, arrangement for disposal and treatment of storm and sullage water and sites for disposal and treatment of storm and sullage water,

 

   

(vii)

Plans showing the cross-sections of the proposed roads showing in particular width of the proposed carriageways, cycle tracts and footpaths green verges, position of electric pole and or any other works connected with such roads.

 

   

(viii)

Plans as required under clause (vii) indicating, in addition, the position of sewers, storm water channels, water, supply and any other public health services.

 

   

(ix)

Detailed specifications and design of road work under clause viii above estimated costs  thereof. 

 

   

(x)

Detailed specification and design of sewerage, storm water and water supply schemes with estimated costs of each

 

   

(xi)

Detailed specifications and designs for disposal and treatment of storm and sullage water and estimated costs of works

 

 

(2)

The triplicate plans mentioned in sub rule (1) shall be clear and legible A0 prints, with one set mounted on cloth.

 

 

(3)

Where a colonizer, before submitting an application under sub-rule (1), wants to ascertain if the proposed change in the use of land in the controlled area for the purpose of setting up a colony, is in conformity with the development plan and the lay-out of the sector plans, and that such land provides for satisfactory arrangements for disposal and treatment of sewage and storm water and does not conflict with any programme of acquisition of land and its development to be undertaken by the Director, he may submit to the Director a preliminary application giving information only in respect of clause (ii), (iii), (iv), (v) and (vi) of sub-rule (1). On receipt of the preliminary application, the Director shall after making such enquiry as he considers necessary, intimate to the applicant the information on the above points.

 

***

 

12.

Percentage of area under roads and open spaces in the lay-out plans [(Section 25(2) (f)].— In the layout plan of the colony, the land reserved for roads, open spaces, schools, public and community 
building and other common use shall not be less than forty-five per centum of the gross area of the land under the colony; provided that the Director may reduced this percentage to a figure not below thirty five where in his opinion the planning requirements and the size of the colony so justify.

 

***

 

13.

Development works to be provided in the colony.[(Section 25(2) (f]).—The designs and specifications of the development works to be provided in a colony shall include—

 

 

(i)

metalling of roads and paving footpaths;

 

 

(ii)

turfing and plantation with trees of open spaces;

 

 

(iii)

street lighting;

 

 

(iv)

adequate and wholesome water-supply;

 

 

(v)

sewers and drains both for storm and sullage water and necessary provision for their treatment and disposal; and

 

 

(vi)

any other works that the Director may think necessary in the interest of proper development of the colony.

 

***

 

14.

Conformity of layout plans with the Development Plan [Section 25(2)].— The plans and documents mentioned in rule 11 to be submitted alongwith the application shall conform to the provisions, restrictions and conditions laid in the Development Plan.

 

***

 

15.

Preparation of layout on payment of fees. [Section 25(1)].— A colonizer intending to make an application under rule 11 may request that any or all the plans and documents referred to in clauses (iv) to (xi) of sub-rule (1) of rule 11 may be got prepared for him by the Director on payment of such fees as may be assessed by the Director.

 

***

 

16.

Information necessary to validate application under rule 11 [Section 3(f) and 25(2].— No application under rule 11 shall be considered to be valid until plans and documents required 
by sub-rule (1) of that rule have been furnished to the satisfaction of the Director. In case of failure
of such compliance, the application together with the plans and documents shall be returned to the 
colonizer for resubmission in accordance with the rules.

 

***

 

[45][16A.] 

Earnest Money.— (1) Before proceeding under rule 17 or rule 18, the Director shall, by order in writing, require the colonizer to furnish, within a period of thirty days from the date of service of such order, an earnest money at the rate of [46]{one rupee} per square yard calculated for the gross area of the land under the proposed colony in the form of a demand draft in favour of the Director and drawn on any Scheduled Bank at Chandigarh.

   Provided that the Director may, for reasons to be recorded in writing, extend such time by a period not exceeding thirty days.

 

 

(2)

If the colonizer fails to furnish the earnest money as provided in sub-rule (1), the Director shall reject his application]

 

***

 

17.

Rejection of application [Sections 8(2) and 25(2)] (b).— On receipt of an application under rule 11, the Director shall, after making such inquiry, as he considers necessary and after giving reasonable opportunity of being heard to the applicant by an order in writing refuse to grant permission, if--

 

 

(a)

it does not conform to the requirements of rules 12, 13 and 14;

 

 

(b)

he is satisfied that the plans and designs of the development works submitted with application are not technically sound and workable; or

 

 

(c)

he is satisfied that the estimated expenditure on water supply mains or extramural and outfall sewer at the stage of the development of that part of the controlled area is incommensurate with the size of the colony.

 

***

 

18.

Applicant to be called upon to fulfill certain conditions. [(Sections 8(2) and 25(2) (f]. (1) If, after scrutiny of the plans and other necessary enquiry which the Director may deem fit, he is satisfied 
that the application is fit for the grant of permission, he shall, before granting permission, call upon the colonizer to fulfill the conditions laid down in rule 19 within a period of thirty days from the date of notice given go him under a registered cover.

 

 

(2)

If the colonizer fails to fulfill these conditions within the period specified in sub rule (1), the permission shall be refused.

 

***

 

19.

Conditions required to be to fulfilled by colonizer [Section 8(3) and 25(2)(f)]. The colonizer shall-

 

 

[47][(a)

furnish to the Director a bank guarantee equal to 25 per centum of the estimated cost of the 
development of any one or more of the works as mentioned in rule 13, which the colonizer 
wishes to undertake first, as certified by the Director and he shall enter into agreement in Form
CLU-II for carrying out and completion of development works in accordance with the permission finally granted, provided that the colonizer shall undertake any such development work only after the permission for such a work has been given by the Director after the colonizer has furnished a bank guarantee equal to twenty five percent of the estimated cost of said development work/works.]

 

 

(b)

[48][……]

 

 

(c)

undertake to pay proportionate development charges as and when required and as determined by the Director in respect of laying out and construction of main lines of roads, drainage, sewerage, water-supply and electricity, if any when so laid by the Government or any other local authority;

 

 

(d)

undertake to be responsible for the maintenance and upkeep of all roads, open spaces, public parks and public health services for a period of five years from the date of issue of the completion certificate under rule 22 unless earlier relieved of this responsibility by the Government or a local authority, as the case may be, and there upon to transfer all such roads, open spaces, public parks and public health services free of costs to the Government or the local authority, as the case may be;

 

 

(e)

undertake to construct at his own cost or get constructed by any other institution or individual at its own cost, schools, hospitals, community centres and other community building on the land set apart for this purpose or undertake to transfer to the State Government at any time it may desire free of costs the land set apart for schools, hospitals, community buildings, in which case the Government shall at liberty to transfer such land to any person or institution including a local authority on such terms and conditions as it may deem fit, and

 

 

(f)

undertake to permit the Director or any other officer authorized by him in this behalf to inspect the execution of the layout and the development works in the colony and to carry out all directions issued by him for ensuring due compliance of the execution of layout and development works in accordance to the permission granted.

 

***

 

20.

Grant of permission and form of order of grant or refusal to grant permission [Sections 8(2) and 25(1)].---(1)  After the colonizer has fulfilled all the conditions laid down in rule 19 to the satisfaction of the Director, the Director shall grant the permission.

(2)  Every order passed under sub section (2) of Section 8 on an application submitted under rule 11 shall be in Form CL-III.

 

***

 

21.

Duration of sanction [Section 8(2) and 25(2)(f)]—

 

 

(1)

The permission granted under rule 20 shall remain valid for a period of three years from the date of order during which period all works in connection with the laying out and development of colony shall be completed and a certificate of completion obtained from the Director as provided in rule 22:

   Provided that permission may be renewed upto further period of two years if the Director is satisfied that the delay in execution of layout and development works was for reasons beyond the control of the colonizer:

   [49][Provided further that if the permission granted under rule 20 is based on the colonizer’s furnishing guarantee for one development work, or more one development work separately, the permission granted for rule work or works shall remain valid for a period of one year from the date of order, during which period such work/works shall be completed and a certificate to that effect obtained from the Director.]

 

 

(2)

The colonizer shall commence the laying out of the colony and development works within three months of the issue of order under sub-rule (1) of rule 20.

 

***

 

22.

Completion certificate [Sections 25(1)(2)(f)].—

 

 

(1)

After the colony has been laid out according to the approved layout plans and development works have been executed according to the designs and specifications as approved in the order granting permission, the colonizer shall make an application to the Director in Form CL-IV.

 

 

(2)

After such scrutiny, as may be necessary, the Director may issue a completion certificate in Form CL-V or refuse to issue such certificate stating the reasons for such refusal.

 

***

 

23.

Transfer of sanction [Section 25(2) (f)].— The colonizer shall not be entitled to transfer the permission granted to him under sub-rule (1) of rule 20 to any other person or persons without the prior permission in writing of the Director.

 

***

 

24.

Revocation of permission [Section 25(2) (f)].—

 

 

(1)

Should the Director determine at any time that the execution of the layout plans and the construction of other work is not proceeding according to the permission granted under sub-rule (1) of rule 20 or is below specifications or is in violation of any provision of these rules or of any law or rules for the time being in force, he shall by a notice in form CL-VI notify the colonizer, to whom permission was granted, requiring to remove the various defects within the time specified in the notice.

 

 

(2)

Should the colonizer fail to comply with the requirements detailed in the notice issued under sub rule (1), the Director shall issue him a further notice in Form CL-VII to afford him an opportunity to show cause why the permission granted should not be revoked.

 

 

(3)

After hearing the colonizer or considering such representation as he may make, the Director may either revoke the permission or may grant him further time for complying, with the requirements of the notice issued under sub rule (1). If, however, the colonizer does not comply with the said requirements within such extend period, the Director shall revoke the permission.

 

 

(4)

On the revocation of the permission no further works shall be undertaken or carried out by the colonizer unless fresh, permission has been obtained.

 

 

(5)

After revocation of the permission, the Director may himself carry out of cause to be carried out the development works in the colony and recover such charges as he may incur on the said development works  from the earnest money deposited by the colonizer and the bank guarantee furnished by him under rule 19.

 

***

 

[50][25

 Refund of Earnest money [Section 25(2) (f)]. — Such charges as may be determined by the Director for the scrutiny of the plans, estimates and works in respect of colony shall be deducted from the earnest money deposited by a colonizer under rule 16-A and the balance, if any, shall be refunded to him within six months of the rejection under rule 17 or grant of permission under rule 20.]

 

***

 

26.

Release of Bank Guarantee [Section 25(2) (f)]. —After the  layout and development works or part thereof in respect of the colony or part thereof have been completed and a completion certificate in respect thereof issued, the  Director may, on an application in this behalf from the colonizer, release within a period of six months of the date of the application, the bank guarantee or part thereof, as the case may be, after adjusting the expenditure, if any, incurred as provided under Rule 24 (5) : provided that if the completion of the colony is taken in part only the part of the bank guarantee corresponding to the part of the  colony completed shall be released: and provided further that always 1/5th bank guarantee shall be kept unreleased to ensure upkeep and maintenance of the  colony or the part thereof, as the case may be for a period of 5 years from the date of issue of the completion certificate under rule 22 or earlier till such time as  the colonizer is earlier relieved  of the responsibilities in this behalf by the Government or a local authority, as the case may be.

 

***

 

[51]{PART IV-A

 

CHANGE OF LAND USE IN CONTROLLED AREAS

 

26A

Application for permission under Section 7 in case of a person other than colonizer. – Every person other than colonizer intending to change the existing use of the land in a controlled area for the purpose of developing the said land into buildings for residential, industrial, commercial or other purposes shall make [52][an application in writing alongwith scrutiny fee to Rs. 10 (ten rupees only) per square meter in the form of bank draft to the Director] in Form CLU-I, accompanied by-

 

 

(1)

a survey plan of the land on scale of 1” to forty feet showing the existing means of access to the land for the nearest public road and building and their nature falling within 100 yards of the said land on its four sides; and

 

 

(2)

a copy of the deed showing the title of the application to the said land.

 

***

 

26B

Information necessary to validate application under  rule 26-A.- No application under rule 26-A shall considered to be valid until a plan and a copy of the deed required by rule 26-A have been furnished to the satisfaction of the Director. In case of failure of such compliance, the application together with the plan and copy of the deed shall be returned to the applicant for resubmission in accordance with these rules.

 

***

 

26C.

Applicant to be called upon to fulfill certain conditions-

 

 

(1)

if, after scrutiny of the plan and other necessary enquiry which the Director may deed fit, he is satisfied that the application is fit for the grant of permission, he shall before granting permissions, call upon the applicant to fulfill the conditions laid down in rule 26-D within a period of thirty days from the date of notice given to him under a registered cover.

 

 

(2)

If the applicant fails to fulfill these conditions within the period specified in sub-rule (1), the permission shall be refused.

 

***

 

26D.

Conditions required to be fulfilled by the applicant.- The applicant shall -

 

 

(a)

furnish to the Director a bond guarantee in the [53][amount equal to twenty five percent] of proportionate estimated cost of the development works as certified by the Director and enter into an agreement in Form CL-II for fulfilling the conditions contained herein in accordance with the permission finally granted.

 

 

(b)

Undertake to pay proportionate development charges which shall be a first charge of the said land as and when required and as determined by the Director in respect of external development works which may be carried out in the area for the benefit of the said land.

 

 

(c)

Undertake to be responsible for making arrangement for the disposal of affluent to the satisfaction of the Director.

 

 

(d)

Undertake to get the plan approved from the Director before commencing any construction on the said land.

 

 

(e)

Undertake not to sell the said land or portion thereof unless the said land has been put to use permitted by the Director and to use the said land only for the purposes permitted by the Director; and

 

 

(f)

Undertake to start construction on the said land within a period of six months and complete the construction within a period of [54][two years] from the date of issue of order permitting the change of land use:

   [55][Provided that  where the existing use of the land in a Controlled Area is to be changed for the purpose of developing the said land into buildings for industrial purposes, no bank guarantee referred to change (a) shall be required to be furnished and in such a case paragraph 3 of the agreement in Form CLU-II shall not apply.]

 

 

[56][(g)

Furnish to the Director a demand draft on account of conversion charges as per rates prescribed in the Schedule IV to these rules.]

 

***

 

26E.

Grant of permission and form of order of grant or refusal to grant permissions.-(1)  if the applicant has fulfilled all the conditions laid down in rule 26-D to the satisfaction of the Director, the Director shall grant the permission.

 

 

(2)

Every order passed under sub-section (2) of section 8 on an application submitted under rule 26-A shall be in form CLU-III.

 

***

 

[57][26F.

Duration of sanction. – The permission granted under rule 26-E shall remain valid for a period of two years from the date of order during which period works for putting the said land to the permitted use shall be completed:

   Provided that if the owner makes an application in writing for further renewal of the change of land use permissions and if the Director is satisfied for the reasons mentioned by the applicant, such permission may be further renewed upto a period of two years where building plans for multi-storied buildings (more than four storied or fifteen metres in height as the case may be) are approved and for permission granted other than multi-storied buildings mentioned above renewal may be allowed, upto a period of one year, on payment of ten percentum of conversion charges applicable as on date in the form of a demand draft in favour of Director:

   Provided further that the Director with the approval of Government may extend the permission by another one year if he is satisfied that the delay in execution of works is beyond the control of applicant, inspite of granting renewal of permission as per the first proviso. The extension shall be granted on payment of fifteen percentum of conversion charges applicable as on the date and shall be deposited in the form of demand draft in favour of the Director.]

 

***

 

PART V

 

LAYING OUT MEANS OF ACCESS TO A ROAD WITHIN CONTROLLED AREA

 

27.

Application for permission under section 8 for lying out means of access to a road in a controlled area [Section 3,8, and 25 (2) (e)] .– (1)  Every person requiring permission of the Director for laying out means of the access to a road within a controlled area shall submit an application in Form AC-I.

(2)  The site  plan mentioned in Form AC-1 shall be drawn to a scale of not less than 1” to 40’ and indicate:-

 

 

(i)

the name of the road to which access is desired indicating the number of milestone or furlong stone, and

 

 

(ii)

the details of the proposed junction.

 

 

(3)

The cross-section of the proposed access shall be drawn to a scale 1” to 1’ and shall show all elements constituting the road e.g. the metalled portion, footpaths, position of electric poles, green verges, etc.

 

***

 

28.

Restriction governing the grant of permission for laying out means of access in a controlled area [Sections 3,8 (1) and 25(2)(f)]. -- No permission for application made under rule 27 shall be granted, unless-

 

 

(a)

the proposed means of access  are in conformity with the provisions of the development plan, and

 

 

(b)

the applicant  undertakes to construct the proposed access in the manner specified in the order granting permission

 

***

 

29.

Information necessary to validate application under rule. 27 [Sections 3, 8 and 25 (2) (e)]. – No application under rule 27 shall be considered to be valid unless it is made on the prescribed form and is accompanied by the requisite number of plan and documents required to be furnished along with the application. In case of failure of such compliance, the application together with the plans and documents shall be returned to the applicant for submission in accordance with the rules.

 

***

 

30.

Form in which Order under Section 8 (2) is to be passed [Sections 8 (2) and 25 (f)].- After an application of the prescribed form containing the requisite information and accompanied by necessary, documents as mentioned in rule 27 is received, the Director shall, after making such inquiry as he considers necessary, pass an order under sub-section (2) of section 8 in Form AC-II.

 

***

 

31.

Duration of permission [Sections 8 (2) and 25 (2) (e)]. – Every permissions granted under rule 30 shall remain in force for a period of one year and if the means of access are not laid out within the aforesaid period according to the conditions attached with the order granting permission, the permission shall be deemed to have lapsed and in that case fresh permission will be necessary.

 

 ***

 

PART VI

 

LICENSING OF BRICK-KILNS WITHIN CONTROLLED AREAS

 

32.

Application for licence under section 8 for setting up a brick kiln or brick field [sections 8 and 25 (2) (e)]. – Any person intending to use land within a controlled area for purpose of a charcoal-kiln, pottery-kiln, lime-kiln, brick-kiln or brick-field or for quarrying stone, bajri, surkhi, kankar or for other similar extractive and ancillary operation shall make an application in writing to the Director in Form BK-I accompanied by the following plans and documents in triplicate:-

 

 

(i)

A guide map on scale of not less than 6” to a mile showing the location of the site in relation to the main geographical features to  enable its identifications within the controlled area, and

 

 

(ii)

a site plan on a scale of not less than 1” to 40” showing thereon- 

 

   

(b)   the boundaries of the site proposed to be used for the aforesaid purpose;

 

   

(c)   the portion of the site which is to be excavated;

 

   

(d)   portion of the site in which kiln or machinery  is to be installed; and

 

   

(e)   cross section through the portion of the site proposed for excavation showing,-

 

   

  (i)   existing levels;

 

   

  (ii)  and the average levels to which it is to be excavated.

 

***

 

33.

Information necessary to validate application under rule 32 [Section 8 and 25 (2)(e)]. – No application under rule 32 shall be considered to be valid unless it is made on the prescribed form and accompanied by the requisite number of plans and documents required to be furnished alongwith the application. In case of failure of such compliance, the application together with the plans and documents shall be returned to the applicant for resubmission in accordance with the rules.

 

***

 

34.

Restriction governing the grant of licenses [Section 8 and 25 (1)]. – No licence under rule 32 shall be granted unless-

 

 

(a)

the land is situated within an area indicated for the purpose for which the licence is sought in the development plan;

 

 

(b)

the portion of the land earmarked for excavation does not  exceed  50 per cent of the land sought to be licensed:

 

 

(c)

proposed excavation does not exceed the depth of five feet; and

 

 

(d)

no permanent  buildings are proposed to be constructed on the land

 

***

 

35.

Form in which licence under Section 8 (2) is to be given [Section 8 (1) and 25 (2) (f)]. – After an application on the prescribed form containing the requisite information and accompanied by necessary documents as mentioned in rule 32 is received the Director shall, after making such inquiry as he considers necessary; grant a licence in Form BK-II or refuse to grant the same.

 

***

 

36.

Duration of licence [Section 8 (1) and 25 (2) (f)].- Every licence issued under rule 35 shall remain valid for [58][[59]{three calendar years} or a part there of] as the case may be, and will be renewable annually;

    Provided that if at any time or at the time of the renewal, any extension of land for the required purpose is necessary, the applicant shall make a fresh application for the same as required under rule 32:

   Provided further that no fresh licence shall be necessary in case of extension and necessary amendment shall be made in the license already issued.

 

***

 

37.

Fees for licence [Section 7 and (2) (d)]. – Fees for every issue or renewal of a licence under rule 35 shall be 2{one thousand five hundred rupees}.

 

***

 

PART VII

 

BUILDING RULES

 

SECTION 1 – INTRODUCTORY

 

38.

Definitions [Sections 8 (2) and 25(1)]. – In this Chapter unless the context otherwise requires:-

 

 

(i)

“abut” a building shall be said to abut on a street when the outer face  of any of its external walls is on the street boundary;

 

 

(ii)

“Applicant” shall mean a person who gives notice to the Director of his intention to erect or re-erect a building and shall include his legal representatives

 

 

(iii)

[60][“architect/engineer”] shall mean a person holding any of the qualifications  laid down in Schedule1 to these rules, whether employed for preparation of plans or for supervision  of construction or for both;

 

 

(iv)

“architectural Control Sheets” shall mean sheet of drawing with directions signed by the Director and kept in his office showing the measure of architectural control as prepared under rule 50;

 

 

(v)

“balcony’ shall mean a cantilevered horizontal projection from the wall of a building not supported from the ground having a balustrade or railing and intended for human use;

 

 

(vi)

“Barsati” shall mean a roofed structure above the roof of a building used as shelter during the  rains;

 

 

(vii)

“base” applied to all or a column, shall mean the underside of that part of the wall or of the column which immediately rests upon the footing or foundation or upon any bressummer or other structure by which wall or column is carried;

 

 

(viii)

“basement storey” shall means the storey which is next below the ground storey or which is in any part more than half of its height before the mean level of the street or ground adjoining the building;

 

 

(ix)

“basesummer” shall mean a beam or a girder which  carries a wall;

 

 

[61][(x)

“building  line” shall means a fixed line, if any, specified for a site and shall include the setback line specified in the zoning plan, beyond which no building within that site other than the projections/structures, specifically permitted, shall  project;]

 

 

(xi)

‘class of building” shall mean a building in one of the following four categories:-

(a)   residential building

(b)   commercial building;

(c)   warehouse and industrial building; and

(d)   public building;

 

 

(xii)

“commercial building” shall  mean a building used or constructed  or adapted to be used wholly or partially for shops, offices, banks or other similar purposes but shall not include industries and motor garages;

 

 

(xiii)

“courtyard” shall mean an area open to the sky but within the boundary of a plot, which is enclosed or partially enclosed by buildings boundary walls or railings. It may be at ground floor level or any other level within or adjacent to a building;

 

 

(xiv)

“external wall” shall mean a outer wall or vertical enclosure of any building not being a party wall even though adjoining to a wall of another building and shall not include a wall abutting on an interior  open space of any building but shall not include an outer varandah wall;

 

 

(xv)

“Factory” has the same meaning as in the Factories Act, 1948 (Act LXIII of 1948);

 

 

(xvi)

“front” as applied to a building shall mean generally the portion facing the street from which it has access and in case of doubt as determined  by the Director;

 

 

(xvii)

“gallery” shall mean a raised floor constructed within the height of the single storey;

 

 

(xviii)

"garage” shall mean a building or portion thereof used or intended to be used for shelter, storage or repair of a wheeled vehicle;

 

 

(xix)

“ground floor” shall mean the  storey which has its floor surface nearest to the ground around the building;

 

 

(xx)

“habitable room” shall mean a room constructed or adapted to be used by some person either as a living room in which a part of the day is spent or a room in which some person may pass the night and shall include a kitchen but shall not include a bath room, water – closet or store room;

 

 

(xxi)

‘height” as applied to a building shall mean the vertical measurement of the building measured from the finished level of the center of the street where such street exists of from the mean level of the ground adjoining the outside of the external walls to half the height of the roof in the case of sloping roofs and to the highest level of the building in case of buildings with flat roof excluding, the projected portions of mamties, flues, ducts, minarets and parapets not exceeding three feet six inches in height. Height as applied to a room shall mean the vertical measurement from the upper surface of the floor to the under surface of the ceiling of the same room joint and beams being allowed to project beneath the ceiling; and in case of sloping ceiling; the height shall be the mean height of any such room;

 

 

[62][(xxi-a)

"apparel industries" means the industrial units primarily engaged in the design, cutting and sewing of garments from fabrics, processed leather and its variant;

 

 

(xxi-b)

"bio-technology industry" means the industrial units primarily engaged in research in micro-organisms and its software developments. No hardware manufacturing unit of pharmaceutical industry will be included;

 

 

(xxi-c)

"footwear manufacturing industry" means the industrial units primarily engaged in the design, cutting, assembly and manufacturing of footwear from finished leather, fabric, rubber and their variants and shall include other similar products such as belts, purses, bags, suit-cases, brief cases etc. but shall not include the processing the tanning of leather and its variants;]

 

 

(xxii)

“mamti” shall means a small structure erected  on the roof of a building at the head of a staircase to protect such staircase from weather;

 

 

(xxiii)

‘material change of use’ shall mean a change from one class building to another;

 

 

(xxiv)

“mezzanine floor” shall mean a gallery, balcony, or loft or an inter floor, not so constructed as to be capable of used for living or sleeping erected between the floor and the ceiling of any storey not less than  sixteen feet in height;

 

 

[63][(xxiv-a)

"non-nuisance professional consultancy services" shall include Doctors (without nursing home), Lawyers, Tax Consultants, Architects (without studio), Contractor Consultants, Chartered Accountants, Company Secretaries, Property Consultants and Tourist Guides;]

 

 

(xxv)

“ varandah” shall mean a verandah of which a minimum of 50 per cent of the outside face is open;

 

 

(xxvi)

“party wall” shall mean a common wall partly  constructed  on one plot of  land and partly on an adjoining plot and serving both structurally;

 

 

(xxvii)

“plinth level” shall mean the level of the ground  floor of building;

 

 

(xxviii)

“plinth height” shall mean the level of the ground floor above the street level measured from the level of the center of adjoining street;

 

 

(xxix)

“premises” shall mean messuages, buildings, lands easements and hereditaments of any tenure;

 

 

[64][(xxix-a)

“proof consultant” shall be a person who is a Structural Engineer or a group/firm of structural engineers having post-graduate qualification in structural engineering with ten years experience in structural design and evaluation thereof, for multi-storeyed and specialized structure, and/r an institute of the following type, employed for evaluation/checking of the structural design of the buildings referred to in the relevant Form BR-V(A2) or Form BR-V(A1):-

(a)    National Council for Building Material (NBC), Ballabhgarh

(b)   Institute of Structural Engineers (India)

(c)    Central Building Research Institute, Roorkee

(d)   Various engineering institutes, like-

(i)    Indian Institute of Technology;

(ii)  Punjab Engineering College, Chandigarh ;

(iii)    National Institute of Technology;

(iv)    Any other institute of repute;]

 

 

(xxx)

“public building” shall mean a building used or constructed or adapted to be used; either ordinarily or occasionally as a place of public worship or as a hospital, college, school, hotel, restaurant, theatre, public hall, public concert room, public lecture room, public exhibition or as a public place of assembly or entertainment for person admitted thereto by tickets or occasionally for any similar public purpose;

 

 

(xxxi)

“public sewer” shall mean a sewer constructed by Government or a local authority or a coloniser;

 

 

(xxxii)

“rain water  pipe”  shall mean a pipe or drain situated wholly above ground and used or constructed to be used solely for carrying off rain water directly from roof  surfaces;

 

 

(xxxiii)

“rear” as applied to a building shall mean that portion which is on the opposite side of the  “front”;

 

 

(xxxiv)

“residential building” shall mean a building used or constructed or adapted to be used wholly or partially for human habitation and includes all garages, stables and other out- buildings appurtenant thereto;

 

 

(xxxv)

“special areas” shall mean the areas shown as such on the zoning plans in which Architectural Control Sheets shall apply;

 

 

(xxxvi)

“storey” shall mean any horizontal division of a building so constructed  as to be capable of use a living  apartment, although such horizontal division may not extend over the whole depth or width of the  building, but shall not include mezzanine floor;

 

 

(xxxvii)

“street” shall mean any road, footway, square court, alley or passage accessible whether permanently or temporarily to the public and whether a thoroughfare or not and shall include every vacant space notwithstanding that it may be private property and party or wholly obstructed by any gate, post, chain or other barrier whether of houses, shops or other building abutting thereon, which is used by any person as means of access to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not, but shall not include any part of such space which the occupier of any such building has a right a all hours to prevent all other persons form using a aforesaid; and it shall include also the drains or gutters therein, or on either side and the land, whether covered or not by any pavement, verandah of other erection, up to the boundary of any abutting property not accessible to the public;

 

 

[65][(xxxvii-a)

"Structural Engineer" shall be a person who is a graduate in Civil Engineering of a recognised Indian or Foreign University or corporate member of Civil Engineering Division of the Institute of Engineers of Indian or equivalent Institute with a minimum of three years experience in structural engineering practice in designing structures and field work and/or registered as such with the authority and/or registered as such wit the Haryana Urban Development Authority (HUDA), employed for preparation of the structural design for residential and commercial buildings upto three storeys or 11 meters height. However, only the Structural Engineer possessing post graduate qualification in structural engineering along with a minimum of three years experience in the design of multi storey and specialized structure, and/or registered as such with the Haryana Urban Development Authority (HUDA), shall be employed to undertake and submit the structural design of buildings other than residential and commercial buildings upto three storeys or 11 meters height, as per the requirements of the relevant Form BRV(A1) or BRV (A2).]

 

 

(xxxviii)

“sub-soil drain” shall mean a drain used or constructed to be used solely for conveying to any sewer (either directly or through another drain) any water that may percolate, through the subsoil;

 

 

(xxxix)

“temporary building” shall mean a building built of unburnt bricks,, burnt bricks without mortar, corrugated iron, bamboo, thatch, wood boarding or plywood but shall not include a building built of burnt bricks, cement blocks or stones laid in mortar;

 

 

(xl)

“topmost story” shall mean the uppermost storey in a building whether constructed wholly or partly in the roof or not and whether used or constructed or adapter for human habitation or not, but shall not include a barasati or a mamti;

 

 

(xli)

“warehouse and industrial building” shall include a factory, a workshop  or a motor garage; and

 

 

(xlii)

“Zoning plan” shall mean the detailed layout plan of the sector or a part thereof maintained in the office of the Director showing the sub division of plots, open spaces, streets, position of protected trees and other features and in respect of each plot, permitted land use, building lines and restrictions with regard to use and development of each plot in addition to those laid down in the building rules

 

***

 

SECTION 2

 

Procedure for submission of Building Applications and Execution of Works

 

[66][39.

Application for erection or  re-erection of building [67][Sections 8 and 25 (2)(c)]. – (1)  Any person intending to erect or re-erect any building an a controlled area, shall make an application in writing to the Director in Form BR-I accompanied by the following documents:-

 

   

(a)

a site plan as required by rule 40,

 

   

[68][(b)

a building plan or plans alongwith an un-editable Compact Disc/DVD or any other electronic medium permissible by Director from time to time containing the drawings as required by  rule 41,]

 

   

(c)

Details of specifications of the work to be executed in Form BR-II.

 

   

(d)

structural drawings (for record),

 

   

(e)

fire safety design as required under National Building Code,

 

   

(f)

Heating, Ventilation, Air-Conditioning (H.V.A.C.) service plan wherever required,

 

   

(g)

Certificate of conformity to regulation and structural safety for the relevant buildings (depending upon type and height) in the relevant Form BR-V (A1) or (BR-V(A2),

 

   

(h)

A demand draft in favour of Director, Town and Country Planning  Haryana, Chandigarh or the person authorized by him drawn on any scheduled bank on account of scrutiny fee at the rate of Rs. Ten per square meter of the covered area achieved.

 

 

[[69]1A.

(i)

Any person intending to erect or re-erect any building in a residential/industrial licensed colony may apply on form BRS-I to the Director for approval of building plans under self certification by giving fifteen days notice to the Director or Officers of the Department delegated with powers for approval of building plans intimating the date of start of construction. The construction can be started after fifteen days, in case any objection is not conveyed to the applicant.

 

   

(ii)

Any person applying under the provision of rule 39(1A)(i) above, shall make an application in writing to the Director or any other person authorised in this behalf in the Form BRS-I accompanies by the following documents:-

(a)   a site plan (in triplicate) showing the position of site proposed to be built upon as required by the rules alongwith an un-editable Compact Disk/DVD or any other electronic medium permissible by Director from time to time containing the drawings as required by rule 40;

(b)  plans, elevations and sections (in triplicate) as required by the rules alongwith an un-editable Compact Disc/DVD or any other electronic medium permissible by Director from time to time containing the drawings as required by rule 41;

(c)   public Health Services plans (in triplicate), as required by rules alongwith an un-editable Compact Disc/DVD or any other electronic medium permissible by director from time to time containing the drawings as required by rule 41;

(d)  structural drawing (for record) as per Form BRS-IV;

(e)   fire Safety design as required in the National Building code as approved by the State Fire Authority. Alternatively an undertaking to the effect that the fire safety plans duly approved by the State Fire Authority will be submitted within sixty days;

(f)   heating, Ventilation, Air-conditioning (H.V.A.C.) service plans, where required;

(g)   specifications of the proposed building (in triplicate) in Form BR-II;

(h)  certificate of conformity to regulation and structural safety for the relevant buildings in Form BRS-II;

(i)    certificate in the form of an affidavit from the owner and architect, that they have understood the provisions of the zoning plan fully and shall not deviate from its provision; and

(j)    a demand draft in favour of Director, Town and Country Planning, Haryana, Chandigarh or  the person authorised by him, drawn on any scheduled bank on account of scrutiny fee at the rate of Rs. Ten per square metre of the covered area achieved.

 

   

(iii)

Director or any other person authorised by him reserves the right to check the building plans and construction at any stage and violations, if found shall have to be rectified by the owner/applicant. In case the owner/applicant fails to rectify the violations, the Competent Authority may take necessary steps to rectify the violations. Action shall also be taken against the defaulting Architect by referring his case to the Council of Architecture of misconduct. All rectifications shall be at the risk and cost of the owner and no plea of the owner shall be entertained for nay default committed by the Architect engaged by him. In all such cases the procedure of self-certification shall stand aborted.

 

   

(iv)

If a building is erected or re-erected or construction work is commenced in contravention to any of the building regulations, the Director or any other person authorised by him shall be competent to require the building to be altered or demolished, by written notice delivered to the owner. Such notice shall also specify the period during which such alteration or demolition has to be completed and if the notice is not complied with, the Director or any other person authorised by him may demolish the said building at the expense of the owner.

 

   

Notes:-

 

   

I.

The decision of Director, in case of any dispute shall be final and binding on all concerned.

 

   

II.

At any stage during construction, if an Architect notices that violations (except compoundable ones) are taking place, he shall intimate to the concerned authority of such violations and stop further supervision. He/ She shall also intimate the allottee about the violations and advise him to stop further construction. Complete details alongwith photographs may be submitted to the concerned authority. The Authority may immediately issue a notice to the owner on the basis of the Architect’s certificate to suspend further work and rectify violations. In such cases the owner shall be held responsible for further additions in violations. Such a situation shall automatically annul the process of self certification and the owner may, after removal of violations, engage an Architect for preparing the revised drawings. In such cases completion shall be given only after scrutiny of revised drawings and inspection of site.

 

   

III.

Sanctionable changes shall be allowed to be done, provided that at the completion stage all changes are incorporated by the Architect in the completion drawings to be submitted by the owner to the Authority. While seeking occupation certificate, the Architect shall give a certificate that all changes done are sanctionable and permissible as per by laws.

 

   

IV.

After submitting of application or during the construction of building if the owner/registered architect/registered structural engineer are changed, he shall intimate the competent authority by registered letter that he is no longer responsible for the project from the date of actual dispatch of the letter. The information must be sent within seven days of occurrence of the change to the concerned authority by the respective owner/Architect/Engineer. The construction work shall have to be suspended until the new owner/registered Architect/registered Structural Engineer, as case may be, undertakes the full responsibility of the project vide forms and documents submitted at the time of applying for erection/re-erection of the building within seven days of his taking over. Owner’s intimation regarding change of name of professionals shall be considered to be final by the Director or any other person authorised by him.]

 

 

(2)

Every person giving notice under sub-rule (1) shall appoint an architect/engineer for the drawing up of plans/structural drawings and for the supervision of erection and re-erection of building. The supervision of erection or re-erection of residential and commercial buildings upto three storeys or 11 metres height may be undertaken by the architect and/or the engineer. However, in case of buildings other than residential and commercial buildings upto three storeys or 11 metres height, the supervision shall be undertaken both by the architect and the Engineer.

 

 

(3)

The application, plans. Structural drawings, specifications and the certificates shall be signed by the applicant and the architect, Structural Engineer and proof consultant, as required in the relevant forms and documents. In case, where the supervising architect/ engineer is different from the one who has prepared the designs, the plan shall be signed by both of them.

 

 

Note.- The validity of the building plans shall be subject to the validity of the permission of change of land use or the licence granted under Act No. 8 of 1975 and any other encumbrances.]

 

***

 

40.

Site Plan [Sections 8 and 25 (2) (c)]. – [70][(1)The site plan shall be drawn to a scale of  not less than:-

 

 

(a)

1:200 for sites upto 1000 square meter;

 

 

(b)

1:400 for sites above 1000 and under 4500 square meter;

 

 

(c)

1:800 for sites of 4500 square meter and above.]

 

 

(2)

The site plan shall be prepared with sufficient accuracy to enable the site to be identified and shall be submitted on distinct print triplicate two of which shall be mounted on cloth. One mounted copy shall be returned to the applicant with the words “Rejected” or “sanctioned” as the case may be, written on it. The site plan shall be fully dimensioned and shall show:-

 

 

(a)

the boundaries of the site;

 

 

(b)

the direction of the North point;

 

 

(c)

the street of roads adjoining the site with their width clearly dimensioned and with names, if any, of all existing roadside trees, lamp posts, or other features or structures likely to affect the approach to the buildings;

 

 

(d)

surrounding buildings in outline up to a distance  of 50 feet from the boundaries of the site;

 

 

(e)

buildings or structures on or over or under the site or projecting beyond it in outline including proposed building to be shown distinctly;

 

 

(f)

dimensions of open spaces at the rear, side or front;

 

 

(g)

the area and proportion of the site to be covered by building;

 

 

(h)

the levels of the site and of the plinth of the buildings in relation to those of the neighbouring streets, also the level of all courtyards and open spaces in relation to the bed levels of the existing drains and sewers in the street or streets into which the building or site is to be drained; and

 

 

(i)

method of disposal of waste water, sewage and storm water.

 

***

 

41.

Building Plan.- The building or plans shall be drawn to a scale of not less than [71][1:50 for sites upto 1000 square meter; 1:100 for sites above 1000 square meter;  but less than 2000 square meter; and, 1:200 for sites above 2000 square meter] and shall be submitted on distinct prints in triplicate two of which shall be mounted on cloth. One mounted copy shall be returned to the applicant with the words “Rejected” or “Sanctioned”, as the case may be, written on it, It shall show-

 

 

(a)

the plan of all the floors and elevation and cross-sections as under:-

(i) in the case of buildings in a row, two elevations and one typical cross-section and

(ii)   in the case of other buildings two cross-sections and elevations on four sides;

 

 

(b)

the plinth level of the building with reference to the level at the center of the street or streets on which  the proposed building is to abut or front;

 

 

(c)

the size  of the doors, windows, openings and other methods of ventilation of each room;

 

 

(d)

the means of access to the buildings and their various floors as well as the means of escape in case of fire;

 

 

(e)

in the case of proposed additions and alterations to an existing building all new works on the plan  by an indelible distinctive colour and a key to the colours used;

 

 

(f)

the proposed method of draining it, including the position, forms and dimensions of all privies, urinals, drains and the method of disposal of sewage, sullage and storm water in full detail.

 

 

Note.- In case  of large of buildings various blocks of the  building may be drawn in separate sheets.

 

***

 

42.

Type plans [Sections 8 and 25 (2)(c)]. – In case of applicant wishes to follow a type design of buildings approved by the Government he may obtain them from the Directors at a fee fixed by the Government. These building plans along with relative site plan shall nevertheless be submitted as required by rule 39.

 

***

 

43.

Information necessary to validate application [Sections 8 and 25 (20(c)]. – No application under rule 39 shall be considered to be valid, unless it is made on the prescribed form and is accompanied by the requisite number of plans and documents required to be furnished along with the application. In case of failure of such compliance, the application together with plans shall be returned to the applicant for resubmission in accordance with the rules.

 

***

 

44.

Permission to erect or re-erect [Section 8920 and 25 (2) (f)]. – After as application in the prescribed form containing the required information and accompanied by necessary documents as mentioned in rule 39 is received, the Director shall, after making such inquiry as he considers necessary, pass on order under sub-section (2) of section 8 in Form BR-III.

 

***

 

45.

Validity of sanctioned plans [Sections 8 and 25 (2) (f)]. - If a building is not completed within two years of the date of permission, the permission will be deemed to have lapsed with respect to that portion of the building which has not been completed. In regard to the incomplete portion a fresh application shall be submitted in accordance with rule 39 [72][along with a set of sanctioned plans and prescribed scrutiny fee.]

[73][Provided that multi-storeyed buildings (more than four storeyed or fifteen metres in height as the case may be) may be completed with five years of the date of permission or as may be specified by the Director, whichever is less.]

 

***

 

46.

Notice of commencement of work [Sections 8 (2) and 25 92) (f) ].- A person who has been given permission under rule 44 and intends to commence his erection or re-erection shall give to the Director or to any person authorized by him in this behalf, not less than week’s notice in writing of the date and time at which the erection or re-erection of the building will commence.

 

***

 

47.

Completion of building [Section 8(2) and 25 92) (f)]. – (1) No person shall occupy or allow any other person to occupy any new building or part of a new building or part of a new building for any purpose whatsoever until such building or part thereof has been certified by the Director or by any person authorised by him in this behalf as having been completed in accordance with the permission granted and an occupation certificate has been issued in his favour in Form BR-VI.

 

 

[74][(2)

Every person who intends to occupy such  a building  or part  thereof shall apply for the occupation certificate in Form BR-VI (A) or, Form BR-IV (B) alongwith a set of approved plans, which shall be accompanied by certificates in relevant Form BR-V(1) or BR-V(2), duly signed by the architect and/or the engineer.]

 

 

[75][(2a)

On the completion of the building, the owner who had applied under rule 39(1A), shall submit an application for grant of occupation certificate on Form BRS-IV and alongwith completion drawings, certificate on Form BRS-II from Architect/Engineer, Affidavits as mentioned in Form BRS-II, Completion Certificate on Form BRS-IV and alongwith the following documents,

 

 

(i)

Detail of compoundable violations from the approved building plans, if any in he building, jointly signed by the owner, Architect and Engineer, alongwith demand draft of the due payment for composition charges of such violations at the rates determined by the Director shall be submitted alongwith form BRS-III.

 

 

(ii)

Both the Owner and Architect shall give an affidavit that no provision of Punjab Schedule Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, (Punjab Act No. 41 of 1963) and rules framed there under has been violated excluding compoundable violations.

 

 

(iii)

Photographs of front, side, rear set-backs, front and rear elevation of the building shall be submitted alongwith photographs of essential areas like cut outs and shafts from the roof top. An uneditable compact disc/DVD containing all photographs shall also be submitted.

 

 

2(b)

(i)    The competent authority shall issue an occupation certificate in form BRS-V within ten working days of receipt of the form BRS-III duly complete in al respect and accompanied with the required completion drawings forms and affidavits. The occupation certificates shall be issued provided that the documents submitted alongwith form BRS-IV are in order, . Violations, if found at any subsequent stage, shall result in cancellation of the occupation certificate issued and the same shall be restored only after removal of violations. Further, action against the Architect shall also be taken for furnishing a wrong certificate/affidavit. 

 

   

(ii)  No person shall occupy or allow any other person to occupy any other person to occupy any new building or a part thereof for any purpose whatsoever until such building or a part thereof has been certified by the concerned authority as having been completed and an occupation certificate has been issued in his favour in form BRS-V within the above mentioned period. However, a minimum 25% of the ground coverage shall have to be constructed to qualify buildings as a habitable unit.]

 

 

(3)

No occupation certificate shall be issued unless debris and rubbish consequent upon the construction has been cleared from the site and its surroundings.

 

***

 

SECTION III

 

Siting, Planning and Architectural Control

 

48.

Use of site, type and character of buildings [ Sections  8 (2) and 25(2) (f)].--

 

 

(1)

Type  and character of building including ancillary buildings that may be erected on a site and the purpose for which these may be used shall not be other than that shown in the sector plan or approved colony plan.

 

 

(2)

Every building that may be erected or re-erected on site shall addition to the foregoing restrictions comply with the restrictions shown on the zoning plan and on Architectural Control Sheets wherever applicable.

 

     

 

 

(3)

Except as otherwise expressly provided at the time of sale, not more than one building unit shall be erected on any one site but in any case two or more sites may be combined for purposes of erection of one building unit.

Note.- “Building unit” means a self –contained building with such out- buildings as are ordinarily ancillary to the main building and used in connection therewith an physically incapable of sub-division into two or  more independent building units. A building unit may, however, be owned by an individual or may be jointly and severally owned, provided it remains in a single indivisible ownership.

 

***

 

49.

[76]{Proportion of the site which may be covered with buildings [sections 8 (2) and 25(2) (f)].— The proportion up to which a site may be covered with buildings including ancillary buildings shall be in accordance with the following slabs, remaining portion being left open in the form of an open space around the buildings or courtyard:-

 

 

Residential-

Area of site

Maximum permissible coverage on ground including ancillary and residential zone

Maximum permissible coverage on first floor

(a) For the first 225 mtrs to the total area of the site

60% of such portion of the site

55% of such portion of the site

(b) For the next 225 square i.e. portion of the area between 225 & 450 sq. mtrs.

40% of such portion of the site

35% of such portion of the site

(c) For the remaining portion of the site i.e. for the portion of the area exceeding 450 sq. mtrs.

35% of such portion of the site

25% of such portion of the site

 

 

   Maximum permissible floor area ratio and maximum permissible height. The maximum permissible floor area ratio and maximum permissible height on area of the site mentioned in column 1 of the schedule given below be as shown in columns 2 and 3 respectively of the said Schedule:-

 

 

SCHEDULE

Area of site

Maximum permissible floor area ratio

Maximum permissible height

1

2

3

(a) For the first 209 square meters of total area of site

1.45

[77][14.5 Metres

(b) For the next 91 sq. mtrs. Of the area i.e. between 209 sq. mtrs. And 300 square  meters.

1.00

14.5 Metres

(c) for the next 120 square meters of the area i.e. between 301 square meters & 420 square meters.

0.95

14.5 Metres

(d) For the remaining area beyond 420 square meters.

0.80

14.5 Metres]

 

       

 

 

   Provided that the building shall conform to the restriction contained in the zoning plans or the architectural control sheets of respective area of sector:

   Provided further that in the case of houses already constructed or which are under construction before the issue of this notification the benefit of additional covered area, i.e, the different between the aggregate permissible coverage on all floors as now stipulated and that already provided in the rules may be allowed on any floor subject to the restriction as provided in the zoning plan:

  Provided further that subject to specific provision in the Zoning Plan of sector/site, not more than four dwelling units shall be permitted on one plot and the maximum number of dwelling units on each floor i.e. ground/first floor shall not exceed two dwelling units:

  Provided further that in case of sites measuring 100 square meters or less under any scheme relating to houses for economically weaker section framed by the Government, Housing Board, Improvement Trust or any Local Authority, Director may relax the above condition upto a maximum of 66% on ground coverage with the stipulation of floor area ratio of 1.65 :

  Provided further that a basement, not exceeding the maximum coverage on the ground floor and intended to be used for parking, servicing and storage may be allowed, if it satisfied the public health and structural requirements}:

  [78][Provided further that the 25% of the built up area of the building or upto 50 square meter, whichever is less, can be used for non-nuisance professional consultancy services, after getting permission from Director or any other officer authorised by him in writing. The applicant shall apply for specific use of consultancy services as mentioned in clause (xxiv-a) of rule 38, in form N-1 along with fee as mentioned in Schedule IV-A. The permission shall be granted in Form N-II.]

 

I N D U S T R I A L

[79][Table

 

1

2

3

4

5

6

7

Sr. No.

Type of Industry

Maximum Ground Coverage

Permissible Basement

Maximum Permission Floor Area Ratio

Maximum Permissible Height

Remarks

(A)  For the existing industrial estates

1.

General

60%

Single Level

[80][150]

30 Meters

-----

2.

Apparel and Footwear

(i)

Vertical expansion of existing building

60%

As existing at site

175

40 Meters

Subject to structure safety/capacity certificate from the Architect 'and subject to the condition that the industrial units availing of higher Floor Area Ratio are located on roads with a Right Of   Way   of 15 meters and above.  

(ii)

Fresh construction of building after demolition of the existing

structure

50%

Single level

200

50 Meters

Subject to condition that the industrial units availing of higher Floor Area Ratio are located on roads with a Right of Way of 18 meters and above.

3.

Biotechnology other than Pharmaceuticals

40%

Upto three levels

200

50 Meters

Subject to condition availing of higher Floor Area Ratio are located on roads with a Right. Of Way of 18 meters and above.

4.

Information

Technology/

Information

Technology

Enable Services

40%

Upto three

levels

250

60 meters

Subject to condition that the industrial units availing of higher Floor Area Ratio are located on roads with a Right Of Way of 18 meters and

above.

5.

Technology

Park on

Campus

Norms

40%

Upto four levels

250

50 meters

Subject to condition that the plot must be located   on roads with a Right  Of  Way   of  30 Meter and above.

(B)  For the new industrial Estates and expansion phases of the existing Industrial Estates

1.

General

60%

Single Level

150

30 meters

-----

2.

Apparel and Footwear

40%

Upto three levels

250

60 meters

Subject to condition that the industrial units availing of higher Floor Area Ratio are located on roads with a Right Of Way of 18 meters and above.

3.

Biotechnology other than

Pharmaceuticals

40%

Upto three levels

 

250

 

60 meters

 

Subject to condition that the industrial units availing of higher Floor Area Ratio are located on roads with a Right Of Way of 18 meters and above.

4.

Information Technology/ Information Technology Enable Services

40%

Upto three levels

 

250

 

60 meters

 

Subject to condition that the industrial units availing of higher Floor Area Ratio are located on roads with a Right Of Way of 18 meters and above.

5.

Technology

Park on

Campus

Norms

40%

Upto four

levels

250

60 meters

Subject to condition that the plot must be located   on roads with a Right Of    Way of 30 meters and above.

(i) The basement not exceeding the maximum permissible zone on ground floor and intended to be used for parking, services and storage shall be allowed, if it satisfies the public health, fire safely and structural requirements and shall not be considered in Floor Area Ratio. Ramps shall be permitted within the zoned area (building line) to keep the setback area uninterrupted.

(ii)   The Industrial units shall abide by the policy for parking of vehicles as notified by the concerned development agency. Parking in the stilted floor at ground floor level shall be permissible free from Floor Area Ratio if the height from the finished ground floor to the bottom of the hanging beam is not lower than 2.5 meters and not more 2.8 meters.

(iii) The built area required for labour welfare, within the premises, under the provisions of the Factories Act, 1948 such as dispensary, dining area, canteen, lavatories, creche etc. shall not be counted for parking requirement.

[81][(iv)   The facility for enhanced FAR beyond the General level of 125 shall be permissible on payment of proportionate charges/infrastructure strengthening charges as prescribed by the Government/ Development Agency.]

 

C O M M E R C I A L

 

 

   In the case of sites for shop-cum-residential purposes or for shopping booths, the coverage on each floor shall be in accordance with the architectural control sheets.

 

 

INSTITUTION AND OTHER PUBLIC BUILDINGS

 

 

(a)

Coverage:- The maximum permissible coverage including covered parking on a plots of the size mentioned in column 1 below shall be as shown in column 2 below:-

Area of plot

Maximum permissible coverage

Upto 10,000 square meters

33-1/2 per cent of the area of the plot

Above 10,000 square meters

25 per cent of the area of the plot

 

 

(b)

Floor Area, Ratio.- The maximum Floor Area Ratio shall be as determined by the Director/Government as the case may be on the merits of each individual case, considering the location and the nature of the use.

 

 

(c)

Set Backs.- Every institutional building shall be constructed with set-backs as provided in the zoning plan prepared for the site:

   Provided that a basement, not exceeding the maximum permissible coverage on the ground floor (excluding the area under public corridors) and intended to be used only for parking servicing and storage may be allowed if it satisfies the public health and structural requirements.

 

   

Notes.-1. Floor Area Ratio (FAR) means the quotient obtained by dividing the  multiple of the aggregate covered area on all floors and 100 by the area of the plot, i.e.

 

   

 

    Total covered area on all floors X 100

FAR    =    ------------------------------------------------

      Plots area

 

   

2. Set-back line usually parallel to the plot boundaries and laid down in each case in the zoning plan beyond which nothing can be constructed towards the site boundaries.

 

   

    The following projections shall not be counted towards the covered area namely;-

 

   

(i)

Pergola constructed purely for architectural effects.

 

   

(ii)

A canopy, sunshade, chhajja, balcony, or an architrave contilever from the face of any wall:

 

   

(iii)

Cantilevered projections referred to in clause (ii) in the case of plots where architectural or frame control does not apply projecting not more than 1.80 meteres beyond the building lines on the front and rear of the main residential building and 1.00 meter along the sides thereof, when measured at right angle to the outer face of the respective wall.

 

   

(iv)

Any such projection referred to in clause (ii0 shall not be lower than 2.3 meters when measured from the ground.

 

 

(d)

Building lines.- No building shall project beyond the building lines  as shown on the zoning plan.}

 

     

***

 

50.

Architectural Control [Section 8 (2) and 25 (2) (f)].— In the case of building sites where architectural control is considered necessary by the Director he shall cause to be prepared Architectural Control Sheets for the purpose showing the extent of architectural control on the various units of the buildings or on a portion of such buildings, among others in the following respects:-

 

 

(i)

Compulsory elevations for a particular building or a row of buildings.

 

 

(ii)

Compulsory height on the front or on any side exposed to view from a street upon  which building shall have to be erected and completed within a certain period.

 

 

(iii)

Compulsory height of floors.

 

 

(iv)

Compulsory height and design of cornies sills and top of windows in the first and higher storeys.

 

 

(v)

Compulsory building line along which the building shall have to be erected and completed within a certain period.

 

 

(vi)

Compulsory type designs of balconies

 

 

(vii)

Compulsory use of materials, texture and colour

 

***

 

51.

Building line in front [Sections 8 (2) and 25 (2) (f)].— All buildings shall be set back in front along the building line shown in the zoning plan or approved colony plan.

 

***

 

52.

Space at the rear [Sections 8 (2) and 25 (2) (f)].— No building shall project beyond the rear building line shown in the zoning plan or approved colony plan as may be applicable. Where zoning plans have not been prepared or the required building line has not been shown on the approved colony plan, the rear building line shall be at a distance of 15 feet from the rear boundary of the plot.

 

***

 

53.

Space at the sites [Sections 8 (2) and 25 (2) (f)].— No building shall project at the sites beyond the building line specified in the zoning plan or approved colony plan, as may be applicable. Where zoning plan have not been prepared or the required building line has not been shown on the approved colony plan, the side space shall be regulated as below:-

 

Sites of  375 sq. yards or less

 

No side space. The full frontage of the site shall be covered with building shall be built contiguous to the adjoining plots;  Provided that incase of corner plots, if a side space is left, it shall not  be less than eight feet in width.

 

 

Sites from 375 Sq. yards to 749 yards.

 

Compulsory open space of 10 feet on one side of the plot to be determined by the Director; Provided that a garage of not more than 20 feet in length may be built in this portion with its rear boundary coinciding with the rear of the building.

Sites from 750 sq. yards to 1,500 sq. yards.

 

Minimum side open space of 10 Feet on both sides.

Sites above 1,500 square yards.

 

Minimum side open space of 20 Feet on both sides.

 

***

 

[82][54.

Maximum height and number of storeys of building [Section 8 (2) and 25 (2) (f)].– Subject to specific provisions regarding height and number of storeys made under rule 49, the height and number of storeys of any building shall be governed by the restrictions/provisions shown in the Zoning Plan or the architectural control sheet.]

 

***

 

55.

Height of mezzanine storey and internal balconies [Section 8 (2) and 25 (2) (f)].–

 

 

(1)

No mezzanine floor or internal balconies shall be permitted unless the height between the main floor is at least 16 feet and such mezzanine floors or balconies do not cover more than one –third of the [83][area of the floor below and such mezzanine floors or internal balconies, if constructed, shall be counted towards F.A.R.]

 

 

(2)

The height of such mezzanine floor or internal balcony shall, not be less than 8 fee.

 

***

 

56.

Minimum provision with regard to residential buildings [Section 8 (2) and 25 (2) (f)].– No building  for any residential use shall be constructed or allowed to be used till, in addition to living rooms every dwelling unit provides for --

 

 

(a)

One kitchen

 

 

(b)

One bath room or raised bathing platform.

 

 

(c)

One latrine or W.C.

 

***

 

57.

Minimum area of courtyard for purposes of ventilation [Section 8 (2) and 25 (2) (f)].– The minimum area of every courtyard on which habitable rooms abut and from which they derive their ventilation shall be 1/6th the aggregate plinth area of the abutting rooms and/or verandah or 150 square feet whichever is greater:

 

 

  Provided that interconnecting balconies of not more than 3 feet in width on first or higher floors may be erected projecting into the courtyard so that clear area open to sky is not reduced to less than 2/3rd of the area of the courtyards. The minimum width or depth of all such courtyards shall be 12 feet.

 

***

 

58.

Minimum size and requirements of ventilation regarding habitable room [Section 8 (2) and 25 (2) (f)].–(1)  Every habitable room including a shop

 

 

(i)

shall be of a height of at least 9 feet in every part from floor to  ceiling;

 

 

(ii)

shall have a clear floor area of not less than 100 square feet and a width not less than 8 feet;

 

 

(iii)

shall be provided for purposes of light and ventilation with doors and windows or other apertures which shall have a total opening of not less than ¼  of the floor area of the [84][-----]. [85][In case of centrally air-conditioned buildings, the provisions made in the National Building Code (NBC) shall be followed.]

 

 

2

All doors or windows or other apertures shall open directly, or through a verandah, on to a permanent open space or an open space about the building of not less than 6 feet in width or a courtyard.

 

   

Note.—(1) In calculating the area of window and door openings, no deduction shall be made for the space occupied by window frames or for unopenable glazed or unglazed portions of the window.

Note.—(2) For the purpose of this rule a kitchen shall be deemed to be a habitable room and all the aforementioned requirements regarding ventilation shall apply to it except that the minimum area of the kitchen shall not be less than 64 square feet:

   Provided every kitchen shall be provided with a fire place fitted with a chimney [86][or an exhaust fan.]

 

***

 

59.

Height of boundary wall and fence and type of gate [Section 8 (2) and 25 (2) (f)]. – The height and design of the boundary wall or fence and gate shall be in accordance with the provision of the zoning plan and shall conform to the pattern as laid down for such a plot on the zoning plan:

   Provided that where zonal plan has been prepared, the height and design of the boundary wall or fence and gate shall be as specified by the Director.

 

***

 

[87][59A

Fire protection [Section 8 (2) and 25 (2) (f)]. – Fire protection measures provided in Part IV of National Building Code of India, 1983, dealing with the fire protection measures as amended from time to time, shall be followed.]

 

***

 

SECTION 4

 

Structural Material and Control

 

[88][60.

Materials [Section 8 (2) and 25 (2) (f)]. – All materials to be used for the erection or re-erection of a building shall conform to the specifications and  standards laid down in the National Building Code and the relevant IS codes or as may be laid down by the Government from time to time.]

 

***

 

61.

Site [Section 8 (2) and 25 (2) (f)]. – No person shall erect or re-erect any building on any ground which has been filled up with offal or offensive vegetable animal matter, or upon which any such matter is deposited, unless and until the Director certifies that such matter has been property removed by excavation or otherwise has become or been rendered innocuous.

 

***

 

62.

Foundations [Section 8 (2) and 25 (2) (f)]. – [89][(1) The foundations of every building shall be so constructed as to sustain the combined dead load of the building and the superimposed load and to transmit those loads to the sub-soil in such a manner that the pressure on the sub-soil shall not exceed the safe pressures specified below:-

Type of soil

Safe allowable Pressure in Tonnes/square in feet.

At and beyond depths of

Soft, wet,pasty or

½

8

Muddy clay

1/3

4

Alluvial earth

½

2

Artificial filling

1/4

2

Loams (Loose)

1

2

Loams (Compact

3/4

2

Sandy Loam

1

1-1/2

 

1-1/2

2-1/2

 

1-1/2

3-1/2

Clay (loose)

3/4

2

Clay (Compact)

3/4

1-1/2

 

1

2-1/2

 

1-1/2

3-1/2

 

 

(1)

[90][para omitted]

 

 

(2)

The loads shall not cause such settlements of the building or any part of the building as may impair its stability.

 

 

[91][(3)

For building more than 3 storeys high foundations shall be designed  on the basis of safe bearing pressures of the soil after making standard tests or establishing the safe bearing pressure of the soil and the foundations shall be taken down to such a depth or so constructed as to render the building immune from damage from upheaval and movements due to seasonal variations in the content of the moisture in the ground.]

 

***

 

63.

Damp proof Courses [Section 8 (2) and 25 (2) (f)].—[92][(1)  Every wall of a public building or domestic building (including a pier forming a part of the wall or a compound wall) shall be provided with a damp-proof course, except when built of materials such as cement concrete with or without the addition of any commercial damp proofing material.

 

 

(2)

Materials specified as damp-proof course shall be as indicated in the Haryana Public Works Department Specifications, 1990 edition or as provided in National Building Code.]

 

 

(3)

In external walls the horizontal damp proof course shall be laid immediately above the plinth protection, and a vertical damp proof course shall be provided on the interior face of the wall extending between the level of the horizontal damp proof course and the level of the upper surface of the concrete in the finished floor.

 

 

(4)

In an internal wall the horizontal damp proof course shall be laid in level with the upper surface of the concrete in the finished floor. The continuity of damp proof course between the internal and the external wall shall be secured by the insertion  2[ proper damp proof materials.]

 

***

 

2[64.

Loads [Section 8 (2) and 25 (2) (f)].- In addition to the dead load the building shall be designed for  imposed loads including wind pressure and seismic load as per Indian Standard Code 800, the National Building Code and other relevant Indian Standard Codes, as amended from time to time, for structures resistant to earthquakes and other natural hazards.]

 

***

 

65.

Floors [Section 8 (2) and 25 (2) (f)].— All floors of every building including floor of a kitchen, bathroom, latrine, urinals shall be damp and rat proof and shall be constructed of materials so treated as to protect it from white ants, dry rot, wet rot as per [93][Haryana P.W.D. Specification 1990] [94][or as laid down in the National Building Code.].

 

***

 

66.

Walls [Section 8 (2) and 25 (2) (f)].—(1) No wall shall be constructed of easily inflammable material. For the purposes of this sub-rule easily inflammable material will not include teak, Sal, Shisham and deodar wood 4[as per Bureau of Indian Standard specifications for such work.]

 

 

(2)

No masonry wall shall be built in clay mortar to a greater height than one storey and such walls shall be plastered or pointed so as to render it impermeable and damp proof. The minimum thickness of such a wall shall, in no case, be less than [95][9] inches. 4[No drainage, sanitary pipes (including water supply pipers) shall be allowed in/abutting common walls.]

 

***

 

[96][67.

Thickness of walls [Section 8 (2) and 25 (2) (f)].— Where walls of building are constructed of bricks, stones blocks or of other hard and incombustible material laid in horizontal beds of courses every wall or part of wall shall be so designed and constructed as to be capable of safety sustaining and transmitting the dead loading and the superimposed loading to which it may be subjected to (calculated in accordance with the National Building Code and relevant Indian Standard Codes) without undue settlement of deflection and without exceeding the permissible pressure/stress on the materials prescribed by the National Building Code and relevant Indian Standard Code.]

 

 

 

68.

Roofs [Section 8 (2) and 25 (2) (f) ].— (1)  Every roof shall be weather proof and fire resistant and in no case shall be built of mat, sirki cloth, grass or thatch or any other easily inflammable material and it shall be structurally safe against [97][dead loads, imposed loads, seismic loads and wind pressure as per National Building Code and other relevant Indian Standard Codes, as amended from time to time.]

(2)    [98][xxx]

 

***

 

STAIR CASES

 

69.

Stair cases in residential building [Section 8 (2) and 25 (2) (f)].— Every building of more than one storey height intended to be used as a single family of two family residential building shall be provided with at least one staircase having minimum width or 2 feet 3 inches constructed of fire-resisting materials.

 

***

 

70.

Residential building for more than two families and commercial buildings [Section 8 (2) and 25 (2) (f)].— (1)  Every building intended to be used as a residential building for more than two families or a commercial building shall be provided with at least one staircase extending from ground floor level to the highest floor having minimum clear width in accordance with the following table:-

(a)

Number of users up to 10

3’-0”

(b)

Number of users  from 11 to 20

3’-6”

(c)

Number of users from 21 to 100

4’-0”

(d)

increase 1” for every additional 15 persons maximum of 9’ is reached.

 

 

 

(2)

A single staircase of the  width mentioned above may be replaced by two staircases each of a width at least equal to  two-third the width prescribed for a single staircase provided neither of the two substituted staircases be less than 2’-6” in width. Staircase so provided shall be built  in fire resisting materials.

 

 

Explanation.-  For the purpose of this rule, each 30 square feet of floor space in the case of non-residential buildings and each 80 square feet of floor space in the case of residential buildings shall be deemed to be occupied by one person.

 

***

 

71.

Minimum dimension of steps [Section 8 (2) and 25 (2) (f)].— No staircase in a residential building shall have a rise of more than 9 inches and a tread of less than 9 inches.

 

***

 

72.

Staircase in public buildings and warehouses and industrial buildings [Section 8 (2) and 25 (2) (f)].—(1)  No staircase in a public or a warehouse and industrial building  shall be of width less than that given below:-

(a)

Number of users up to 200

4’-6”

(b)

Number of users from 200 to 350

6’-0”

(c)

Increase by 1” for every additional 15 persons until maximum of 9’

 is reached.

 

 

 

(2)

A single staircase of the  width mentioned in clause (C) of sub-rule (1) above   may be replaced by two staircases each of width of at least 6 feet.

 

 

(3)

Notwithstanding anything contained in sub rules (1) & (2) , staircases in private  portions of public buildings or warehouses and industrial buildings not open to the general public may be of the sizes and material  mentioned in rule 69.

 

***

 

73.

Material [Section 8 (2) and 25 (2) (f)].— All staircases and walls enclosing the staircases in public building and ware houses and industrial building shall be of fire proof materials.

 

***

 

74.

Minimum dimension of steps [Section 8 (2) and 25 (2) (f)].— No stair-case in a public building or a warehouse and industrial building shall have a rise of more than7 inches and a tread of less than 10-1/2 inches.

 

***

 

75.

Uniformity in treads and risers in staircases [Section 8 (2) and 25 (2) (f)].— Treads and risers of each flight of a staircase or of several  flights in the  same staircase in a public or a ware house and industrial or a residential building shall be of uniform width and height except where prior dispensation is specifically obtained from the Director or architectural effect.

 

***

 

76.

Location of staircase [Section 8 (2) and 25 (2) (f)].— No part of the second or of any higher storey of any building  shall be more than 100’ from some staircase or ramp loading to the ground floor.

 

***

 

77.

Ventilation of staircases [Section 8 (2) and 25 (2) (f)].— Every staircase shall be adequately ventilated and lit to the satisfaction of the Director.

 

***

 

78.

Head room in a staircase [Section 8 (2) and 25 (2) (f)].— The minimum clear head room in any staircase  shall be seven feet measured from the top of the riser to the most dependent portion of the ceiling above.

 

***

 

79.

Provision of hand rails [Section 8 (2) and 25 (2) (f)].—(1)  In every staircase at least one hand rail shall be provided.

 

 

(2)

Where steps are provided from the ground to the building hand rail may not be provided, if the steps do not go above 4’-6” in height and are not less than 3’-0” in width.

 

***

 

LOBBIES, CORRIDORS, PASSAGES AND BALCONIES

 

80.

Lobbies, Corridors, Passages and Balconies [Section 8 (2) and 25 (2) (f)].— The minimum width of any lobby, corridor, passage or balcony in a single-family or two-family residential building shall be at least 2’-6” and shall be of fire resisting materials and shall be carried on supports of fire resisting materials.

 

***

 

81.

Residential building for more than two families and commercial buildings [Section 8 (2) and 25 (2) (f)].— The minimum width of any lobby, corridor, passage or a balcony in a residential building for more than two families and a commercial building shall be as given below:-

(a)

Number of users up to 10

3’-0”

(b)

number of users  from 11 to 20

3’-6”

(c)

Number of users from 21 to 100

4’-0”

(d)

increase 1” for every additional 15 persons maximum of 8’ is reached.

 

    Walls and roofs shall be of fire-resisting materials and shall be carried on supports of fire-resisting materials.

 

***

 

82.

Public building and warehouse buildings [Section 8 (2) and 25 (2) (f)].— The minimum width of any lobby, corridors, passages or balcony in a public building or a warehouse and industrial building to be used by the public shall be 4’-6”:

 

(a)

Number of users from 20 to 200

6’-0”

(b)

Number of users from 101 to 200

7’-6”

Walls and roofs shall be of fire-resisting materials and shall be carried on supports of fire-resisting materials.

 

***

 

83.

General doors and barriers of Assembly Halls [Section 8 (2) and 25 (2) (f)].— all doors or barriers for use by the public as exists in a public assembly place shall be made to open outwards.

 

***

 

CHIMNEYS AND FLUES

 

84.

Application [Section 8 (2) and 25 (2) (f)].—Rules in this section shall not apply to the erection or re-erection of chimney shafts for the furnaces in commercial or ware-house buildings the design of which shall be specially approved by the Director but they shall apply to the erection or re-erection of chimney shafts for open fires and small domestic boilers.

    Explanation.– Small domestic boilers shall mean boilers which do not require flues exceeding 80 square inches in area.

 

***

 

85.

Materials [Section 8 (2) and 25 (2) (f)].— Every chimney shall be constructed of burnt bricks, concrete bricks or of any good hard and incombustible material   properly and solidly put together.

 

***

 

86.

Designs and construction [Section 8 (2) and 25 (2) (f)].— Every chimney which is build against or forms a part of a wall and extends to or below the surface of the ground shall be built on solid foundations which shall comply with the requirements of the rules relating to the foundations of structural walls. It shall have a damp-proof course at the top and if the wall with which it is built requires to be provided with a damp-proof course at the bottom the chimney shall be provided with the same. Also it shall be properly bounded or otherwise securely tied with the wall with which it is built.

 

***

 

87.

Floor beneath fire place [Section 8 (2) and 25 (2) (f)].— Floors beneath and around every fireplace shall be of concrete or similar fire proof material and shall project 18 inches in  front of the jambs and extend 6 inches on each side of the  fireplace opening.

 

***

 

88.

Jambs and back of fire place [Section 8 (2) and 25 (2) (f)].—The jambs of a fireplace opening shall be at least 9 inches in width and the back of the chimney opening in a party wall shall be 9 inches in thick up to 12 inches above the top of the opening. Where the flues in a party wall are not back to back the required 9 inches of solid wall at back of the fireplace shall be carried up to the floor of the room above.

   In an external or internal wall the back of the opening and all sides of the flues shall be at least 4-1/2 inches thick.

 

***

 

89.

Flue size [Section 8 (2) and 25 (2) (f)].— Every fireplace shall have a flue giving a brick opening of not less than 9 inches x 9 inches.

    Provided that in case of R.C.C. construction a flue shall not be less than 9 inches x 4-1/2 inches.

 

***

 

90.

Treatment of inside of chimney flues [Section 8 (2) and 25 (2) (f)].— The inside of every chimney flue shall be properly rendered or pargetted as such flue is carried upwards unless the whole flue is built with fire brick or fireproof piping of fireclay of at least 1” thickness in which case the spandrel angles shall be filed in solid with brick work or other incombustible materials.

 

***

 

91.

Woodwork in chimneys [Section 8 (2) and 25 (2) (f)].— In any wall no timber shall be placed nearer than 9 inches to the inside of any flue of chimney nearer than 6 inches to the inside of any flue or chimney opening. Under a chimney opening no timer shall be within 15 inches from the upper surface of the earth.

 

***

 

92.

Chimney stacks [Section 8 (2) and 25 (2) (f)].— (1)  Chimney stacks or smoke flues shall be carried up to a height of not less than three feet and not more than six times the least width of the chimney above the  adjoining  roof and shall be built at least 4-1/2 inches thick. The maximum height for any stack may be exceeded if it is adequately secured against over-turning.

(2) Height of chimney stack may be reduced to 1 foot  6 inches when the roof is made up of a fire-resisting materials. The top six courses of all stacks shall be built in cement mortar.

 

***

 

93.

Pipes for conveying smoke [Section 8 (2) and 25 (2) (f)].— No pipe for the purpose of conveying smoke or other products of combustion shall be allowed to project through the wall externally. Elsewhere such pipes may be of mild steel 3/16 inches thick or of cast iron complying with the British Standard Specification No. 41-1908 or of sheet metal for domestic cooking ranges only and shall be fixed at a distance of at least 9 inches from any combustible substances.

 

***

 

SECTION 5

 

DRAINAGE AND SANITARY INSTALLATIONS GENERAL

 

94.

Notice for carrying out drainage work and application for permission [Section 8 (2) and 25 (2) (f)].— (1)  No person shall carry out any water borne sanitary and drainage installation or carry out any works connected therewith within any building or site without the previous permission of the Director.

(2)  Every person who intends to carry out these works shall apply for permission as laid down in rule 39.

 

***

 

95.

Work to be executed under the supervision of plumber [Section 8 (2) and 25 (2) (f)].— Execution of all works for the lying out of any drainage system or for the carrying out of water borne sanitary installations shall be done through a plumber holding any of the qualification laid down in Schedule III to these rules.

 

***

 

BASIC REQUIREMENTS FOR WATER-BORNE SANITARY INSTALLATIONS

 

 

 

96.

Adequacy of water supply for installation of water borne sanitary installations [Section 8 (2) and 25 (2) (f)].— Before  undertaking the installation of a water  borne  sanitary system in any building an adequate, constant and reliable  water-supply to the premises shall be ensured to the satisfaction of the Director.

 

***

 

97.

Sanitary fitting and execution of works to conform to P.W.D. specifications [Section 8 (2) and 25 (2) (f)].— All sanitary fittings, drainage pipes including soil and waste standards and specifications laid down for such articles in the specifications laid down for any article in the Haryana P.W.D. Specification 1990, and if there are no standards or specifications laid down for any article in the [99][Haryana P.W.D.] specifications, then, the article shall be as per standards and specification of the Indian Standard Institute, if there is no specification or standard laid down by the Indian Standards Institute then the articles shall be as per British Standards specification.

 

***

 

98.

All drainage system to be air, smoke and water tight [Section 8 (2) and 25 (2) (f)].— All drainage system including joint shall be air, smoke and water  tight and shall be capable of resisting a pressure of at least five feet head of water.

 

***

 

99.

Not works of foul and waste water  drainage to be kept separate [Section 8 (2) and 25 (2) (f)].— The net work of foul water drainage and the net work of waste water drainage shall be kept separate from each other  up to the point till they are connected at a manhole to the outflow drain.

 

***

 

100.

Junctions [Section 8 (2) and 25 (2) (f)].— Every drain including a pipe drainage into any other drain or a pipe sewer shall join the latter obliquely in the direction of the  flow of the latter.

 

***

 

SANITARY FITTINGS

 

101.

Minimum sanitary facilities in various type of buildings [Section 8 (2) and 25 (2) (f)].—

(1)  Dwellings  with individual conveniences shall have at least the following fitments:-

 

 

(i)

one bath room provide with a tap,

 

 

(ii)

One water  closet, and

 

 

(iii)

One nahani or sink either in the floor or raised from the floor.

 

   

   Where only one water closet is provided in a dwelling, the bath and water closet shall be separately accommodated.

 

 

(2)

Dwelling (tenements) without individual conveniences shall have the following fitments:-

 

 

(i)

one water tap with draining arrangements in each tenement;

 

 

(ii)

One water  closet, and one bath for every two tenements, and

 

 

(iii)

Water taps in common bath rooms and common water closets.

 

 

(3)

   The requirements for fitments for drainage and sanitation in the case of buildings other than residences, such as office buildings, factories, cinema, concert halls, theaters, hospitals, hotels, restaurants, schools and hostels shall be in accordance with Indian Standard Code of basic requirements for water-supply, Drainage and Sanitation “IS : 1172-1957” issued by the Indian Standard Institution, New Delhi with such modifications as may be made by the said institution from time to time.

 

***

 

102.

Water closets [Section 8 (2) and 25 (2) (f)].—(1)  Every water closet pan shall have an efficient siphon trap with a minimum water seal of three inches beneath, so that sufficient water seal, between the pan and any drain or soil pipe is maintained. "D” trap, shall not be  fixed with water closets.

 

 

(2)

   No part of the water closet apparatus shall be directly connected with water supply distributing pipe. For flushing and cleaning of the pan, a special closed cistern with suitable ball cock and of not less than three gallons capacity shall be provided.

 

 

(3)

   The capacity of every reserve tank shall be at the scale of 75 gallons per water closet connected to the tank.

 

 

(4)

   No self-acting or automatic flushing apparatus shall be constructed or fixed except with the prior permission of the  Director.

 

 

(5)

   Where the water closet discharges into a soil pipe which also receives the discharge from another water closet, the tap of the water closet shall be ventilated by a pipe, which shall-

 

 

(a)

have an internal diameter of not less than two inches;

 

 

(b)

be connected with the arm of the soil pipe at a point not less than three and not more than twelve inches from the highest part of the trap, on that side of the water seal which is nearer to the soil pipe and in the direction of the flow; and

 

 

(c)

either have an open end as high as the top of the soil pipe or be carried into a soil pipe at a point not less than seven feet above the highest connection to the soil pipe.

 

***

 

103.

Urinals [Section 8 (2) and 25 (2) (f)].— A urinal connected with a building which has a supply of water, laid on, shall comply with the following requirements:-

 

 

(i)

the urinals shall be provided with a basin, stall, through or other suitable receptacle or receptacles of non-absorbent materials;

 

 

(ii)

the outlet from the receptacle or receptacles shall  be provided with an efficient grating;

 

 

(iii)

the urinal shall be provided with suitable apparatus for effectually flushing and cleansing the receptacles provided;

 

 

(iv)

no part of the urinal apparatus, other than the flushing apparatus shall be directly connected with a supply or distributing pipe;

 

 

(v)

if the urinal can be entered from within the building, and is constructed to discharge into a waste pipe, which also receive the discharge from another urinal, or from a water closet, bath, sink, bidet or lavatory basin, the trap of the urinal shall be ventilated by a pipe which shall-

 

   

(a)

be of an internal diameter not less than that of the tap or two inches which ever is less;

 

   

(b)

be connected  with the waste pipe from the urinal at a point not less than three and not more than twelve inches from the highest part of the trap, on that side of the  water seal which is nearer to the waste pipe; and

 

   

(c)

either have an open end as high as the top of the waste pipe or be carried into a waste pipe at a point not less than three feet above the  highest connection to the waste pipe.

 

***

 

LAYING OUT OF DRAIN AND INSTALLATION OF DRAIN PIPES

 

104.

Laying of drains [Section 8 (2) and 25 (2) (f)].— (1) Every drain shall—

 

   

(a)

be of a suitable size, and if it is intended for the conveyance of foul water shall have an internal diameter of not less than four inches;

 

   

(b)

be laid with a suitable fall  and where practicable in a direct line.  The  standard gradient shall be1 in 40 for a four inch drain and 1 in 80  for six inch drain the maximum and minimum gradients shall respectively be 1 in 20 and 1 in 80 for a  4 inch drain and 1  in 40 and 1 in 140 respectively, for a six inch drain.

 

 

(2)

(a)

A drain shall not   be constructed so as to be within or under any building, except in a case where

 

     

any order situation is impracticable.

 

   

(b)

Where any such drain or part thereof is constructed within or under any building,  such drain  or such part thereof shall be laid or fixed in a direct line, where practicable and be provided  with adequate means of access.

 

 

(3)

Where any drain is laid under a wall, it shall be protected  at the part under the wall by means of a relieving arch, flag stone, iron or any  other support which shall not bear on the  drain and shall be of sufficient size and strength to prevent any disturbances or other injury to such drain.

 

 

(4)

A drain shall not be constructed in such a manner that there shall be within a building any inlet to such drain except such inlet as may be necessary from any sanitary fitting or any sanitary  installation connected directly to such drain.

 

 

(5)

Every inlet other than a ventilating pipe to such drain shall be properly trapped by a suitable and efficient trap, and such trap shall be formed and fixed so as to be capable of maintaining  a water seal of-

 

   

(a)

two inches where such inlet has an internal diameter of less than three inches;

 

   

(b)

three inches where such inlet has an internal diameter of less than three inches.

 

 

(6)

Every trapped gully shall be covered with a grating, the bars of which shall be not more than three-eighths of an inch apart.

 

 

(7)

A suitable and efficient intercepting trap, with a water seal of at least 4 inches, at a point as distant as may be practicable from the building as near as may be practicable to the point at which the drain may be connected with the sewer, shall be provided to such a drain before connecting it with the sewer. Such a trap shall be provided with a raking or cleaning arm, fitted with a secure and suitable stopper as a means of access to the drain between such trap and sewer, and shall be located within a manhole.

 

***

 

105.

Ventilation of drains [Section 8 (2) and 25 (2) (f)].—The drain intended for conveying foul water from a building shall be provided with at least one ventilating pipe situated as near as practicable to the building and as far as practicable from the point at which the drain empties into the sewer or other means of disposal:

 Provided that a soil pipe from a water closet, or a waste pipe from a slop sink constructed in accordance with these rules may serve for the ventilating pipe of the drain, if its situation is in accordance with the rules.

 

***

 

106.

Manholes [Section 8 (2) and 25 (2) (f)].— A manhole shall be provided at every point at which the drain changes either its direction or gradient and other-wise at intervals, not exceeding 300 feet. A manhole shall be of such a size as to allow access to the drain for rodding and shall be provided with proper cover in flush with ground surface.

 

***

 

107.

Soil pipes and soil ventilating pipes [Section 8 (2) and 25 (2) (f)].— A soil pipe or a soil ventilating pipe shall be-

 

 

(i)

easily accessible throughout its course and adequately protected where necessary, from  damage,

 

 

(ii)

circular,

 

 

(iii)

of an internal diameter of not less than 4 inches,

 

 

(iv)

carried  upwards to such a height and in such a manner so as to prevent any nuisance or injury or danger to health arising from the emission of foul air from such pipe, the minimum height being2’-3” above the roof top, and

 

 

(v)

be fitted at the open and with a suitable grating or cover admitting the free passage of air.

 

***

 

108.

Separation of soil pipes from rain water pipes [Section 8 (2) and 25 (2) (f)].— No soil pipe or ventilating pipe shall be connected with any rainwater pipe or with waste water pipe.

 

***

 

109.

Provision of traps [Section 8 (2) and 25 (2) (f)].— There  shall be no traps in any soil or ventilating pipes, nor between any other pipe and drain to which it is connected but every sanitary fitting connected to a soil pipe, ventilating pipe or drain shall be provided with a trap.

 

***

 

110.

Waster water pipes [Section 8 (2) and 25 (2) (f)].— A waste pipe from a bath, sink (not being a slop sink) bidet or lavatory basin and pipe for carrying of dirty water, shall-

 

 

(i)

discharge so as not to cause dampness in a wall or foundation of a building;

 

 

(ii)

if it discharges into a drain it should be disconnected from the drain by a trapped gully with a suitable grating above the level of the water in the trap; and

 

 

(iii)

if it is more than 6 feet in length , be provided with a suitable trap.

 

***

 

111.

Overflow pipe [Section 8 (2) and 25 (2) (f)].— An overflow pipe from a water cistern shall discharge in an exposed and conspicuous position so as not to cause dampness on any part of a building.

 

***

 

112.

Pipes not to be exposed on external walls [Section 8 (2) and 25 (2) (f)].— Wherever possible no down pipes, soil pipes and ventilating pipes shall be  exposed on any external wall of a building and shall be placed in a recess or chase or a duct.

 

***

 

DISPOSAL

 

113.

Method of disposal [Section 8 (2) and 25 (2) (f)].—[100][Every sanitary disposal system] shall be connected with the public sewer but in case no public sewer exists in the vicinity of the said premises, the drainage system may, as a temporary measure and subject to the previous written approval of the Director, be connected to a septic tank from which the effluent shall be drained of-

 

 

(a)

into absorption pits, or

 

 

(b)

by sub-soil irrigation drains:

 

 

  Provided that no absorption pit shall be allowed in the case of any premises or area in which domestic supply is taken from sub-soil water;

  Provided further that if at any future period a public sewer is constructed  which can serve the premises, the owner shall at his own expenses cause the said drainage system to be connected to this sewer.

 

***

 

114.

Septic tanks [Section 8 (2) and 25 (2) (f)].—(1)  No septic tank shall be located-

 

   

(a)    at a distance of less than 90 feet from a dwelling house or any other building used for human habitation  or for work or recreation or within a public thoroughfare;

(b)   within 200 feet from any percolation well, water course or stream used or likely to be used for drinking or domestic purposes or for manufacturer or preparation of any articles of food or drink for human consumption and it shall be readily accessible so as to permit cleaning operations being carried out without interference with the operation of any water-borne sanitary installation as a whole.

 

 

(2)

Every septic tank intended to serve a population of 24 or more persons shall be constructed into two separate compartments so that one compartment when required can be put out of use for cleaning purposes. The capacity of every compartment of the septic tank shall be 2-1/2 times the total water supply allowance for the total number of the residents of the building.

 

 

(3)

Every inlet pipe into a septic tank shall be effectually trapped.

 

***

 

115.

Absorption pits [Section 8 (2) and 25 (2) (f)].— (1)  In the matter of location, every absorption pit shall conform to same restriction as are laid down for a septic tank in rule 114 (1).

 

 

(2)

No absorption pit shall have any outlet into or means of communication with any sewer, storm water drain or surface drain.

 

 

(3)

The walls of every absorption pit shall be at least 9 feet above ground level so as to exclude effectually the entry of storm water or irrigation water into the absorption pit.

 

 

(4)

the absorption pits shall be constructed in duplicate so that one pit can be put out of use for cleaning purposes. The capacity of the absorption pit shall be as approved by the Director.

 

***

 

116.

Subsoil irrigation for disposal of effluent [Section 8 (2) and 25 (2) (f)].— (1) No subsoil irrigation work for disposal of effluent from a septic tank shall be laid out within a premises till a suitable area of open land, the situation and extent and subsoil of which is previously approved by the Director, is set apart within premises to be used as a farm or a garden.

 

 

(2)

The area set apart shall be one acre for every 2,000 gallons of effluent per day.

 

 

(3)

No part of any area reserved for subsoil irrigation shall be  within a distance of 90 feet from the nearest point  of any dwelling house or any other building used for human habitation or for work or for recreation and of any canal or irrigation well.

 

 

(4)

No such works shall be laid out within a distance of 250 feet from any percolation well, tubewell or watercourse  or stream used or likely to be used for  drinking or domestic purposes or for the manufacturer or preparation of any articles of food or drink for human consumption.

 

***

 

CONNECTION WITH PUBLIC SEWER

 

117.

Sanitary installations and drainage to be completed before applying for connection [Section 8 (2) and 25 (2) (f)].— No connection to any public sewer shall be made nor any sanitary and drainage installations intended to be connected through this connection, shall be brought into use until a certificate after completion of these works has been applied for by the applicant to the Director and certificate has been issued by the latter to the effect that the sanitary installations and drainage have been satisfactorily completed in compliance with these rules. If no decision is communicated on the application for a certificate within fifteen days of the receipt of the application, the certificate shall be deemed to have been granted.

 

***

 

118.

Application before connection with public sewers [Section 8 (2) and 25 (2) (f)].—  After grant of the certificate  referred to in the foregoing rule or in the event of the  said certificate having been deemed to have been granted every person  intending to connect a drain to a public sewer shall apply to the Director at least seven days before the date on which connection is required.

 

 

(2)

This application shall be accompanied by a certificate referred to in rule 117 and such amount as may be laid down from time to time by the Director and calculated on the basis  of the current schedule of rates to meet the cost of proposed connection.

 

 

(3)

On receipt of the application and subject to the requirements of the foregoing rules, the director shall sanction or reject the request.

 

 

(4)

In the event of the required connection having been sanctioned, it shall be  made only through officers authorized by him.

 

***

 

119.

Seweconnection [Section 8 (2) and 25 (2) (f)].— (1)  Every drain draining into a public sewer shall join  the latter obliquely in the direction of the flow of the latter.

 

 

(2)

If practicable the connection shall be made at an existing junction in the sewer and if this is not made, there shall be an intercepting manhole before the connection.

 

***

 

 

STORM WATER

 

120.

Drainage of roofs [Section 8 (2) and 25 (2) (f)].—The roof of every building shall drain into gutters, shoots or troughs and shall be carried down through adequate number of down pipes without causing dampness in any part of the wall or foundation of the building or any adjacent building:

  Provided that in the case of detached or semi detached buildings not exceeding one storey in height, rain water spouts or khasi and revealed parnallas may be provided for so long as these do not discharge into any public roadway or footpath or on private land of adjoining owner.

 

***

 

121.

Size of down pipes [Section 8 (2) and 25 (2) (f)].— A down pipe of minimum area of 12 square inches shall be provided for every 500 square feet of the flat roof area (slope of roof being 1:48) or for every 1,000 square feet of sloping roof area (slope of roof exceeding 1:48)

 

***

 

122.

Storm water  not to drain into sewer [Section 8 (2) and 25 (2) (f)].— The run-off from the roof, paved area (but excluding paved court-yard) and over flow, if any from the site, shall not be drained into the underground sewerage system.

 

[101][122A.

 Rain water harvesting [Section 8 (2) and 25 (2) (f)].—  (1) Arrangement of roof top rain water harvesting will have to be made by the plot-owners on the plots in the buildings constructed in the colonies for which licence has been granted under Act No. 8 of 1975, or where permission for change of land use has been permitted and where the area of the roof is 100 square meters or more.

 

 

(2)

The system of collection, conveyance and dispersion of rain water for harvesting shall be made in such a manner that only clear water is able to enter. No contaminated/waste water from the building or surrounding areas should find its way into the system.

 

 

(3)

The entry points of the rain water for harvesting shall be designed in such a manner that in normal days these remain covered. Arrangement of segregation of the rain water from the first shower (containing the wash water) should also be provided.

 

 

(4)

The arrangement for quick filtration of rain water shall also be made in the rain water harvesting well/tube-well, so that the rain water does not pollute or choke the strata.

 

 

(5)

The complete system of rain water harvesting will be constructed within the area of the plot, defined in the zoning plan for the plot.

 

 

(6)

The recharge well shall be located at  a distance of not less than ten meters away from any structure handling sewage or industrial waste water (such as septic tank or effluent treatment plant). This minimum distance of ten meters will not be applicable to manholes or sewer lines, although it will be ensured that they are leak proof.

 

 

(7)

The detail proposal of the system comprising of collection, conveyance and dispersion of rain water  from the roof top to rain water harvesting well/tube-well will have to be shown on the building plan submitted for approval.

 

 

(8)

Any engineer not below the rank of an Executive engineer so authorised by the Director, will have the powers to inspect the system whenever considered necessary and direct the owner of the building to affect any changes/improvement as deemed necessary and the owner of the building shall ensure compliance.

 

 

(9)

Depending upon the underground water strata, the Government may notify certain areas where provision of such rain water harvesting system may not be required. Broad guidelines about the approximate depth of the recharge well and the sample strata chart will also be made available.

 

 

(10)

The Water (Prevention and Control of Pollution) Act, 1974 (Act No. 6 of 1974) with all amendments made from time to tie shall be applicable.]

 

***

 

 

INSPECTION AND MINOR ALTERATIONS

 

       

 

123

Inspection [Section 8 (2) and 25 (2) (f)].— Every person by or for whom any {Sanitary disposal system} or drainage installation or any work in connection therewith is carried out for any existing or new building or in any other premises shall at all reasonable times afford the Director or any officer duly authorized by him free access to such water-borne sanitary installation or drainage installation or work in connection therewith for the purpose of inspection.

 

***

 

124.

Minor alternations in case of emergency [Section 8 (2) and 25 (2) (f)].— In any case in which a minor alteration to a [102][sanitary disposal system] or drainage installation must be carried out a once, every person who is about to carry out such alteration shall, in lieu of depositing the plans, sections and particulars referred to in the foregoing rules forthwith inform the Director in writing of such proposed alteration. He shall also within fourteen days of the commencement of such alteration make the deposits required by these rules.

 

***

 

125.

Carrying out of work [Section 8 (2) and 25 (2) (f)].— All work required to be done for the installation or repair of sanitary fitting shall be entrusted to a plumber holding any of the qualifications laid down in Schedule III to these rules.

 

***

 

PART VIII

 

MISCELLANEOUS

 

Demolition, Appeal and maintenance of Record

 

126.

Register of applications for permission and licences [Section 8 (2) and 25 (2) (f)].— The Director shall maintain the following registers in the form noted against each in respect of permissions or licences granted or refused by him  under section 8 and in respect of orders of demolition issued under sub-section (2) of section 12 of the Act:-

 

 

(a)

A register in Form M-1 showing particulars of all cases in which permission to erect or re-erect a building in existence immediately before the commencement of the Act and involving structural alteration or addition, within 30 metres of a scheduled road or 100 meters of by-pass or for laying out of a means of access to a scheduled road under clauses (b) and (c) of the provision to section 3 respectively is granted or refused.

 

 

(b)

A register  in Form M-II in which particulars of all cases in which permission to erect or re-erect a building or make or extend an excavation or to  lay out means in a controlled area is granted or refused.

 

 

(c)

A register  in Form M-III in which particulars of all cases in which permission   for change of use of land within a controlled area for the purpose of setting up a private colony is granted or refused.

 

 

(d)

A register  in Form M-IV in which particulars of all cases in which licence is a controlled area for charcoal-kiln, potter-kiln, lime-kiln, brick-kiln or brick field or for quarrying stone, bajri, surkhi, kankar or for some other similar extractive or ancillary operation is granted or refused.

 

 

(e)

A register  in Form M-V showing particulars of all cases in which orders of demolition under sub-section (2) of section 12 are issued.

 

***

 

127.

Copies and fees [Section 8 (2) and 25 (2) (f)].— Copies of survey record, field book, plans, orders and other documents  prepared under the Act shall be available on payment of the fees mentioned below:-

(1)

For copies of entries in the register or linear map prepared under rule 3.-

 

(a) Entries in register

 

Rs.1.00 per entry

 

(b) Linear map

 

Rs.10.00 for every one mile of the road or part thereof indicated in the map

(2)

Copy of entries in the registers mentioned in rule 126

 

Rs. 1.00 per entry

(3)

copy of orders of the Director granting or refusing permission under section 8 of the Act

 

Rs. 2.00 per order

(4)

Copy of development plan drawing of a controlled area

 

Rs.10.00 per order

(5)

Copy of development plan including all enclosures

 

Rs.30.00

(6)

Duplicate licence

 

Rs.2.00

(7)

Other records

 

Rs.1.00 per page.

Note: (1) Preparation of copies of documents shall not be undertaken unless the prescribed fees have been deposited by the applicant in advance in the office concerned.

   (2) Copying fee once paid shall not be refunded.

 

***

 

128.

Order of demolition under section 12 (2) [Sections 12(2) and 25 (i)].— Where a person erects or re-erects any building or makes or extends any excavation of lays out any means of access to a road, in contravention of provision of section 3 or section 6 or in contravention of any conditions imposed by these rules or by an order under section 8 or section 10, or uses any land in contravention of these provisions of sub-section (1) of section 7 or section 10, the Director shall issue an order under sub-section (2) of section 12 of the said person in Form M-VII:

    Provided that reasonable opportunity shall be given to the defaulter to show cause by notice in Form M-VI before issuing the said order of demolition. 

 

***

 

129.

Procedure for hearing appeals [Section 25(2) (h)].– (1) an appeal instituted before the Commissioner under section 10 shall bear a court fee stamp of ten rupees.

 

 

(2)

The memorandum of appeal containing grounds of appeal shall be accompanied by a copy of order appealed against an a sketch/plan of the building/site in question.

 

 

(3)

The Commissioner shall hear the appellant and call for the comments of the Director, Town and Country Planning, {Haryana}, Chandigarh as also of the Director who passed the order appealed against, in case he is a different officer, and shall consider these comments before final disposal of the appeal.

 

***

 

 [[103]130.

Salary and other allowances and terms and conditions of Chairman, Member and staff of the  Tribunal [Sections-12C and 25].– (1)  Chairman  of the Tribunal shall receive the salary and other allowances of the Judge of the High Court and the Member shall receive the salary from his own department to which he belongs.

 

 

(2)

The Chairman and Member of the Tribunal shall be eligible for such traveling allowances and daily allowance on official tours as are admissible to them while working as Judge of the High Court and the Chief Engineer.

 

 

(3)

The salary and other allowances to the Chairman and  other staff of the  Tribunal shall be defrayed out of Major Head- “2217-Urban Development”.

 

 

(4)

Chairman of the  Tribunal shall hold office for a term of three years and shall be eligible for  reappointment for another term and the Member shall hold office for a period of three years or upto the age of superannuation, whichever is earlier;

 

 

Provided that the Chairman and the member may-

 

   

(a)

by writing under his hand and addressed to the Government resign his  office at any time;and

 

   

(b)

be removed from his office in accordance with the provisions of  sub-rule (5).

 

 

(5)

the government may remove from  office, Chairman or a member of the Tribunal who-

 

   

(a)

has been judged as an insolvent; or

 

   

(b)

has been convicted of an offence which in the opinion of the  Government, involves moral turpitude; or

 

   

(c)

has become physically and mentally incapable of acting as such; or

 

   

(d)

has acquired such financial or other interest as is likely to affect prejudicially his functions as such; or

 

   

(e)

has  so abused his position as to render his continuance in office prejudicial to the public interest:

 

   

    Provided that the  Chairman or Member shall not be removed from his office on the ground specified in clause (d) & (e) of subrule (5) exception enquiry held by the Govt. with such procedure as it may specify in this behalf and fund the chairman/member to be guilty on such ground.

 

 

(6)

Before appointment, the Chairman or member of the Tribunal shall have to take an undertaking that he does not and will not have any such financial or other interest as is likely to affect prejudicially  his functions as such.

 

 

(7)

The terms and conditions of service of Chairman, member of the Tribunal or staff shall not be varied to their disadvantage during their tenure of office.

 

 

(8)

Every vacancy caused by resignation and removal of the Chairman or Member of the Tribunal under sub-rule (4) or otherwise shall be filled  in by fresh appointment.

 

 

(9)

The Chairman or Member ceasing to hold office as such shall not hold any appointment in or be connected with the management or administration of an organisation which have been the subject of any proceeding under the Act during his tenure for a period of five years. from the date on which he ceases to hold such office.

 

 

(10)

The staff for the Tribunal shall be provided by the Town and Country Planning Department, Haryana and  shall draw the salary and allowances from the department and their services shall be governed  by the departmental  service rules and will be on cadre of the department.

 

 

(11)

The casual and other  leaves of the Chairman of the Tribunal shall be sanctioned by the Governor of Haryana.

 

 

(12)

All kind of leave shall be admissible to the Chairman of the Tribunal which is admissible to a sitting Judge of the High Court. The Governor of Haryana  shall have full powers to sanction the leaves of the Chairman.

 

***

 

131.

Procedure for hearing appeal by Tribunal [Section 12-C and 25(2) (h)-.—(1)  Memorandum of appeal shall be presented by the appellant or his authorized  agent to the Tribunal in person or by registered  post addressed to the Tribunal.

 

 

(2)

Every memorandum filed under sub-rule (1) shall be in legible hand  writing preferably typed and shall set forth concisely under distinct heads, the grounds of appeal without any argument or narrative and such grounds shall be  numbered consecutively and shall be accompanied by a  copy of order appealed  against, a sketch/plan of the building/site in question and other documents as may be required to support the grounds of appeal.

 

 

(3)

The memorandum of appeal shall be accompanied by a fee of Rs.100 in the form of revenue stamp or treasury challan deposited  in the Haryana Government Treasury under head “2217” Urban Development (i) , 60, other Urban Development Schemes, 800-Other Receipts”.

 

 

(4)

When the appeal is presented after the expiry of period of limitation as specified in the Act, the memorandum shall be accompanied by an application supported by an affidavit setting forth the facts on which the appellant wants to satisfy the Tribunal that he has sufficient cause for not preferring the appeal within the period of limitation.

 

 

(5)

The appellant shall submit minimum four copies of memorandum of appeal to the Tribunal for official purposes.

 

 

(6)

The Tribunal shall call for the records and the comments of the District Town planner/Executive Engineer, Public Works Department (Building and Roads) concerned whose orders are appealed against and shall consider their comments before final disposal of the appeal.

 

 

(7)

On the date of hearing or on any other day to which hearing may be adjourned, it shall be obligatory for the parties or their authorized agents to appear before the Tribunal. If appellant or his authorized agent fails to appear on such date, the Tribunal may, in its discretion, either dismiss the appeal in default or decide it on merits of the case. If respondent or his authorized agent fails to appear on such date the Tribunal may proceed ex-parte and may decide the appeal ex-parte on the merits of the case.

 

 

(8)

The appellant shall not except  by leave of the Tribunal urge or be heard in support of any ground of objection set forth in the memorandum of appeal but the Tribunal, in deciding the appeal, shall not continue to the grounds of objections set forth in the memorandum of appeal or taken by leave of the Tribunal under this sub-rule:

    Provided that the Tribunal shall not rest its decision on any other grounds unless the party who may be affected thereby, has been given, at least one opportunity of being heard by the Tribunal.

 

 

(9)

Tribunal may, on such terms as it may think fit and at any stage, adjourn the hearing of the appeal, but not more than one adjournment shall ordinarily  be given and the appeal shall be decided preferably within  ninety days from the  first date of hearing.

 

 

(10)

Order of the Tribunal on appeal  shall be  signed and dated by the Chairman and Member constituting the Tribunal and  shall be communicated to the parties free of cost.

 

 

(11)

That in case the Member of Tribunal is not present on any day and  appeal for arguments are fixed then only Chairman shall hear the appeal and decide them and his decision shall be final.

 

 

(12)

That if Chairman is on leave or on vacations then the urgent matters shall be heard by  the member of the Tribunal.

 

 

(13)

For the purpose of this rule, the Tribunal shall have the same powers as are vested in Civil Court under the Code of Civil Procedure, 1908 (Act 5 of 1908).

 

 

(14)

Every proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 the Indian Penal Code, 1860 (Act 45 of 1860), and shall also be deemed to be a proceeding of Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal procedure, 1973 (Act 2 of 1974).]

 

 

 

FORM SR-I

[See rule 3(2)]

   Register of buildings, excavations and means of access to roads within 100 metres on either side of road reservation of bye-pass, or within 30 metres of the road reservation on either side of a scheduled road.

(i)

(ii)

(iii)

District_______________________________

From mile/kilometer_______________________________

to mile/kilometer_______________________________

Name of scheduled road/bye-pass_______________________________

 

Serial No.

 

Date of survey

Location of building, excavation of access of road

Right hand side or left hand side

Description of building excavation or access to road

Purpose for which the building mentioned in column

Reference no. to survey which entry in Column 5 Relates

1.

2.

3.

4.

5.

6.

7.

 

 

 

 

 

 

 

 

Signature with designation   Signature of

of Official conducting survey  Director

***

FORM SR-II

[See rule 4]

 

Form of application for permission under Clauses (b), (C) or (d) of the proviso to

 

section 3 of the Punjab Scheduled Roads and Controlled  Areas Restriction

 

of Unregulated Development Act. 1963.

 

To

 

------------------------------

 

------------------------------

 

Sir,

 

As my/our request for permissions pertains to a site lying within 30 meters of a scheduled road or 100 meters of a bye-pass I /We beg to apply for permission as under:-

 

   * (A) For erection or re-erection of a building which was in existence  immediately before the commencement of the Act and  which involves structural alterations  or additions the details whereof have been given below:-

 

(i)

Exact location of the building  indicating name of the road or bye-pass and milestone;

 

(ii)

Since when existing;

 

(iii)

Purpose for which the present building is used;

 

(iv)

Reason why erection or re-erection with structural alterations or additions, necessary.

 

The following plans are enclosed:-

 

(i)

Site plan in triplicate indicating location of the building.

 

(ii)

Building plan in triplicate.

 

(B)

For laying out means of access to a scheduled road or bye-pass with particulars as under:-

 

(i)

Name of road/or bye-pass to which access desired.

 

(ii)

Point at which access desired indicating number of mile stone or furlong stone etc.

 

(iii)

Layout of the junction of the access with the  road or by-pass.

 

(iv)

Reason for which access required.

 

(v)

Applicant’s title to land under the proposed access.

 

(vi)

Revenue particulars of the land under the proposed access.

   

I/We enclose a site plan indicating the proposed access.

 

*(C)

For erecting or re-erecting a motor-fuel-filling station or a bus queue-shelter.

   

The following plans are enclosed:-

   

(i)

site plan in triplicate indicating location of the proposed station or shelter with reference to the mile stone or furlong stone.

   

(ii)

building plan in triplicate.

     

   Yours faithfully,

     

  Name and Full Address.

***

FORM SR-III

(See rule 7)

Form of order of grant or refusal to grant permission  under section 3 of the

Punjab Scheduled Roads and Controlled  Areas Restriction of

Unregulated Development Act, 1963.

 

To

   

----------------

   

----------------

 

Sir,

 

Reference your application dated --------for permission to ------

   

(a)

erect or re-erect building;

   

(b)

laying out means of access to a road;

   

(c)

erection or re-erection of motor-fuel-filling stations or busqueue-shelter;

 

in accordance  with the plans submitted by you, permission is hereby ---------

   

*(a)

granted for the aforesaid work;

   

(b)

refused for reasons given on the reverse;

   

(c)

granted subject to the conditions given below:-

     

----------------

     

----------------

     

      Yours faithfully

     

      Director

***

 

[104][FORM SR-IV

(see Rule 3A)

 

A. Name of the Schedule Road and/or National Highway on which property is situated alongwith details of nearest kilometre stone:-

B. Name of the Controlled Area:-

C. Name of the District:-

D. Particulars of the applicant

1.  Name of the applicant/s:-

2.  Contact address alongwith telephone number

and e-mail ID:-

3.  Name of the village/revenue estate (Hadbast No.)

where site is situated:-

4.  The Khasra numbers of the site applied for exclusion:-

5.  Area of the site in square metres:-

6.  I/we want to get excluded the building as per rule 3A

and enclose the following documents in triplicate duly

notarized by Oath Commissioner/Magistrate, First Class:-

7.  Site plan showing the covered area in hatches, detailed

building plans for the covered area which are duly

authenticated by an Architect/Engineer.

8.  Use of the building.

9.  Photographs of the building applied for, duly

authenticated by owner.

10.  Videography of the building applied for, in the

form of Compact Disk.

 

Signatuers of the owner alongwith

  address & e-mail ID]

 

***

FORM CL-I

(See rule 11)

Form of application by a coloniser for  permission under section 8 of the Punjab Scheduled

Roads and Controlled  Areas Restriction of Unregulated Development Act, 1963.

 

To

   

The Director,

   

Town and Country Planning Department, Haryana

   

Chandigarh

   

Controlled Area…………….

 

Sir,

   

I/We beg to apply for permission to change the existing use of land for the  purpose of setting up a

 

colony by sub-dividing and developing into building plots for residential/Industrial /commercial/Other purpose.

 

2.

I/We enclose the following documents in triplicate:-

   

 (i)

Copy or copies  of all title deeds and/or other documents showing the interest  as coloniser in the  land  under the  proposed colony, along with a list of such deeds and/or other documents.

   

 (ii)

a copy of the Shajra Plan showing the location of the colony along with  the name of the revenue estate, Khasra number of each field and area  of each field.

   

 (iii)

A guide map on a scale of not less than 1 Kilometre to 10 centimetre  showing the  location of the colony in relation to surrounding  geographical features to enable the identification of the site.

   

 (iv)

A survey plan of the land under the colony on a scale of 1'' to one hundred feet showing the spot level at a distance of 100 feet and where necessary, contour plans. The survey will also show the boundaries, and dimensions of the said land, the location of streets, buildings, and premises within a distance of at least 100 feet of the said land and existing means of access to it from existing roads;

   

 (v)

Layout plan of the colony on a scale of 1'' to one hundred feet showing the existing and proposed means of access to the colony the width of streets, sizes and types of plots, sites reserved for open spaces, community buildings and schools with area under each and proposed building lines on the front and sides of plots;

   

 (vi)

An explanatory note explaining the salient feature of the proposed colony, in particular the sources of water supply arrangement  for  disposal and treatment of storm and sullage water and sites for disposal and treatment of storm and  sullage water.

   

 (vii)

Plans showing the cross-sections of the proposed roads showing in particular width of the proposed carriage ways, cycle  tracks and footpaths, green verges, position of electric poles and of any other works connected with such roads.

   

 (viii)

Plans referred to in clause (vii) above indicating, in addition the position of sewers, storm water channels, water supply and any other public health services.

   

 (ix)

Detailed specifications and designs of road works shown in clause (vii) above and estimated costs  thereof;

   

 (x)

Detailed  specifications  and designs of sewerage, storm, water and  water supply schemes with estimated cost of each;

   

 (xi)

Detailed specification and design for disposal and treatment of storm and sullage water and estimated costs of works.

 

1.     The names and qualification of the Engineers responsible for the execution of the  development works of the colony are given below and the engineer has also signed below in token of his engagement:-

 

 

 

Name of Engineer

Qualification of Engineer Mentioned in column 1

Signature of Engineer Mentioned in column 1

1.

 

 

2.

 

 

3.

 

 

   

Yours faithfully

Dated   (Name and full address)

***

FORM CL-II

(See Rule 19)

Agreement by a coloniser intending to set up a colony

 

   This AGREEMENT made on the _____________day of-------one thousand nine hundred and sixty_______________ between Shri _______________ son of Shri _______________ resident (hereinafter called the coloniser) of the one Part and Government of Punjab acting through DIRECTOR, TOWN AND COUNTRY PLANNING DEPARTMENT, Haryana, of the other part (hereinafter referred to as the “Government”).

   

(i)    WHEREAS  the  coloniser is seized of or otherwise well entitled to the land mentioned in Annexure

   

hereto, which said  land is within the controlled area and is affected by the provision of Punjab Scheduled roads and controlled areas restrictions of unregulated  Development Act, 1963, and rules made thereunder, hereinafter, referred to as the Act and rules.

   

(ii)  AND WHEREAS under rule 19 of the said rules one  of the conditions for the grant for permission is that the coloniser shall enter into an agreement for carrying out and completion of development works in accordance with the permission finally granted.

NOW THIS DEED WITNESSTH AS FOLLOWS:-

 

1.  In consideration of the Director agreeing to grant permission to the coloniser  to  set up the said colony on the land mentioned in Annexure here to on the fulfillment of all the conditions laid down in rule 19 by the coloniser,  the coloniser hereby covenants as follows:-

 

(a)

That the coloniser shall be responsible for the maintenance and upkeep of all roads, open spaces, public parks and public health services for a period of five years from the date of issue of the completion certificate under rule 22 unless earlier relieved of this responsibility by the Government or a local authority, as the case may be, when the coloniser shall transfer all such roads, open spaces, public parks and public health services free of cost to the Government or the local authority, as the case may be;

 

(b)

That the coloniser shall at his own cost construct or get constructed by any other institution or individual at its cost, schools, hospitals, community centers and other community buildings on the land set apart for this purpose, or if so desired by the Government shall transfer to it at any time it may desired free of cost and thus set apart for schools, hospitals, community centers and other community buildings, in which case the Government shall be at liberty to transfer such land to any person or institution including a local authority on such terms and conditions as it may lay down.

 

(c)

That the coloniser shall permit the Director or other officer authorized by him in this behalf to inspect the execution of the layout and the development works in the colony and the coloniser shall carry out all directions issued by them  for ensuring due compliance of the execution of the layout and development works in accordance with the permission granted.

 

(d)

That the coloniser shall pay proportionate development charges as and when, required and as determined by the Director in respect of laying out and construction of main lines of roads, sewerage, drainage, water supply and electricity if and when laid by the Government, or any other local authority.

 

(e)

That without prejudice to anything contained in this agreement all the mandatory provisions contained in the Act and the rules shall be  binding on the coloniser.

 

2. Provided always and it is hereby agreed that if the coloniser shall commit any breach of the terms and conditions of this agreement or violate any mandatory provision of the Act or rules, then and in any such case, and notwithstanding the waiver of any previous cause or right, the Director, may revoke the permission granted to him.

 

3.     Upon revocation of the permission under clause 2 above and Director may carry out and complete or cause to be carried out or completed the development works in the colony and recover such charges as may be incurred on the said development works from the Bank standing at guarantee for the carrying out of the works by the coloniser ( to the extent of the guarantee).

 

4. That the coloniser shall be entitled to the refund  of the earnest money deposited by him within six months of the grant of permission under rule 20 subject to deductions  of such charges therefrom as may  be determined by the Director for the security of the plans, estimates and works in respect of the colony.

 

5. The stamp and registration charges on this deed shall be borne by the coloniser.

 

6. The expression the  ‘coloniser’ hereinfore used shall include his heirs, legal representatives, successors and permitted assigns.

 

7. After the layout and development works or part there of in respect of the colony or part there of have been completed and a completion certificate in respect there of issued, the Director may on an application in this behalf from the coloniser, release within a period of six months of the date of the application the Bank guarantee or part there of as the case may be, after adjusting the expenditure, if any , incurred as provided under rule 24(5); provided that if the completion of the colony is taken in parts only the part of bank guarantee corresponding to the part of the colony completed shall be released and provided further that always 1/5th of the bank guarantee  shall be kept unreleased to ensure upkeep and maintenance of the colony or the part thereof as the case may be for a period of five years from the date of issue of the completion certificate under rule 22 or earlier till such time as the coloniser is earlier relieved of the responsibilities in this behalf by the Government or a local authority. IN WITNESS WHEREOF THE COLONISER AND THE DIRECTOR have signed this deed on the day and year first above written.

 

Signed by The Director   The coloniser

Witnesses

***

FORM CL-III

(See Rule 20 (2)

Form of refusal or grant of permission for setting up a colony

 

    Reference your application dated …………….. for setting up a residential/industrial/commercial colony in the controlled area at ……………..

 

(1)

Permission is hereby refused for reasons mentioned below:-

   

______________________________________________________________

   

______________________________________________________________

   

______________________________________________________________

 

(2)

Permission is hereby  granted subject to the conditions:-

   

(a)

that the colony is laid out to conform to the approved layout  plans and development works are executed according to the designs and specifications shown in the approved plan accompanying this permission.

   

(b)

that the conditions of the  agreement already executed are duly fulfilled and  the provisions of the Punjab Scheduled Roads and Controlled Area Restriction of Unregulated Development Rules, 1965, duly complied with.

     

Director,

     

    Town and Country Planning , Haryana

   

 

***

     

FORM CL-IV

     

[See Rule 22 (1)]

 

To,

   

The Director,

   

Town and Country Planning Department, Haryana,

   

Chandigarh.

 

Dear sir,

 

    Kindly refer to your order No…………dated ……… granting permission to the setting up of a colony in the controlled area………….

 

    I/We have to intimate that the said colony has been laid out and completed /part of the colony as shown on the enclosed plan has been completed in all respects as per permission accorded by you. I/We, therefore, request that a completion certificate in respect of the whole colony/ the said part of the colony may kindly be issued to us as required under rule 22(1).

    As required I/We enclose the layout plan of the colony in triplicate showing the whole Area/part thereof over which the said works have been completed.

 

Date:    Yours faithfully

 

      (Name and address of Coloniser)

***

FORM CL-V

[ See rule 22(2)]

 

To

   

-------------------

 

   

-------------------

 

 

Reference your application requesting for completion  certificate in respect of your colony/part of colony for which permission was granted, vide this office No. ……………dated………………..

 

2.  It is hereby certified that the required development works on the whole of the colony/part of the colony as indicated in the enclosed layout, duly signed by me.

 

(1) have been  completed to my satisfaction.

 

  or

 

(2) have not been completed as per details given below:-

   

1.

 
   

2.

 
   

3.

 
     

   Director,

     

  Town and Country Planning ,

   

 

   Haryana, Chandigarh

***

FORM CL-VI

(See Rule 24(1)

 

To

   

-------------------

   

-------------------

 

Whereas it has come to my notice that:-

 

(a)

The execution  of the layout plan and the development works have not been commenced  within three months of the order of the grant of  permission  to you.

 

(b)

Layout of the colony has not been done as per approved layout plan and is deficient in following respect:-

     

1.

     

2.

     

3.

 

(c)

Development works are not being executed as per permission granted in this behalf and are deficient in following respects:-

     

1.

     

2.

     

3.

 

2.   

You are hereby required to set the aforesaid deficiencies and deviations in order within a period of _______________

 

  Director,

   Town and Country Planning, Haryana

***

FORM CL-VII

(See Rule 24(2)

 

    Whereas a notice under rule 24 (1) was issued to you, vide No…………..dated………………

    And whereas despite this notice you have failed to comply with that notice.

    You are hereby required to show cause within one month why the permission already granted to you under rule 20 in respect of the aforesaid colony should not be cancelled. If no reply is received within one month it will be presumed that you have no cause to show, and further action will be taken in accordance with the rules.

  Director,

   Town and Country Planning, Haryana

***

       
 

FORM CLU-I

 

(See rule 26-A)

 

    Form of application by a person other than coloniser for permission under section 8 of the Punjab Scheduled Roads and Controlled Area Restriction of Unregulated Development Act, 1963,

 

To

   

The Director,

   

Town and Country Planning Department,

   

Haryana, Chandigarh.

   

Controlled Area………………

 

Sir,

 

    I/We beg to apply for permission to change the existing use of land for the purpose of developing the land into buildings for residential/industrial/commercial/other purposes.

 

I/We enclose the following documents in triplicate.

 

(1)

A survey of the land on a scale of 1” to forty feet showing the existing means of access to the said land.

 

(2)

Copy of the deed showing the title of the applicant to the land.

 

Dated:-    Yours faithfully,

    Name and full address

***

 

FORM CLU-II

 

(see rule 26-D)

 

Agreement by a person other than coloniser intending to change the existing

use of the land in a controlled area.

 

    THIS AGREEMENT  made on the …………day of………one thousand, nine hundred and sixty………….between Shri ……… son of  shri…………..resident of …………(hereinafter called the ‘Promisee’) of the one part and the Governor of Haryana acting through the Director, Town and Country Planning Department, Haryana(hereinafter referred to as the “Government”) of the other part.

 

(i) WHEREAS the promisee is seized of or otherwise shall entitled to the land mentioned in Annexure hereto, which said land is within the controlled area of ………. And is affected by the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, and the rule made thereunder, hereinafter referred as the Act and Rule;

(ii)   AND WHEREAS under rule 26-D of the said rules one of the conditions for the grant of permission is that the promisee shall enter into an agreement for fulfilling the conditions in accordance with the permission finally granted. Now This Deed Witnessth As Follows:-

1.  In consideration of the director agreeing to grant permission to the promisee to build…… on the land mentioned in Annexure, hereto on the fulfillment of all the condition of rule 26-D by the Promisee, the Promisee hereby covenance as follows:-

a.  That the promisee shall pay proportionate development charges which shall be a first change on the said land as and when required and as determined by the Director in respect of external development works which may be carried out in the area for , the benefit of the said land.

b. That the promisee shall be responsible for making arrangement for the disposal of affluent to the satisfaction of the Direction.

c.  That the promisee shall get the plan approved from the Director before commencing any construction on the said land.

d. That the promisee shall not except with the previous permission of the Director sell the said land or portion thereof unless the said land has been put to use permitted by the Director and to use the said land only for the purpose permitted by the Director.

e.  That the Promisee shall start the construction on the said land within a period of six months from the date of issue of orders permitting the change of land use.

2.  Provided always and it is hereby agreed that if the Promisee shall commit any breach of the terms and conditions of this agreement then, notwithstanding the waiver of any previous cause or rights, the Director may revoke the permission granted to him.

3.  Upon revocation of the permission under clause 2 above the Director may recover the proportionate development charges incurred on the said development works pertaining to the said land, as may be determined by the Director from the Bank Standing as Guarantee.

4.  The stamp and registration charges on this deed shall be borne by the Promisee.

5.  The expression the “Promisee” herein before used shall include his heirs legal representatives, successors and permitted assigns.

 

 Signed by witnesses  The Director     The Promisee

***

FORM CLU-III

(See Rule 26-E)

Form of refusal or grant of permission to change the existing use of the  land.

 

Reference your application dated …………… for constructing  residential/industrial/commercial building in the controlled are at ……………………..

 

(1)

Permission is hereby refused for reasons mentioned below:-

   

__________________________

   

__________________________

 

(2)

Permission is hereby granted subject to the following conditions:-

   

(a)

that the building is constructed to confirm to the approved plans accompanying this 
permission: and

   

(b)

that the conditions of the agreement already executed are dully fulfilled and the provisions 
of the Punjab Scheduled roads and Controlled Area Restrictions of Unregulated Development Rules, 1965, are duly complied with.

     

  Director,

     

    Town and Country Planning, Haryana.

***

FORM AC-I

( See rule 27)

 

To

   

__________________

   

__________________

 

Sir,

 

  I/We beg to apply for permission for laying out means of access in the controlled area ……………… of which details are given below:-

 

(i)

Name of the road to which access desired

 

(ii)

Points at which access desired indicating the number of  milestone/furlong stone.

 

(iii)

Reasons for access.

 

(iv)

Applicant’s title to land under the  proposed access.

 

(v)

Revenue particulars of the land  under the proposed access.

 

2.  As required, I/We enclose a site plan in triplicate indicating the  proposed  access and details of the proposed junctions.

 

3.   I/We also enclose a plan showing the  cross-section in triplicate of the proposed access road indicating thereon the width proposed to be metalled and the specifications thereof and hereby indicating thereon the width proposed to be metalled and the specifications thereof and hereby.

   

Dated   Yours faithfully 

   

       Name and Address

***

FORM AC-II

(See Rule 30)

Form of grant/refusal to grant permission  for laying out means of access to a road

within a controlled area.

 

To

   

________________

   

________________

 

Sir,

 

   Reference your application, dated--------for permission to layout means of access to road. 

 

    In accordance with the  plan submitted with it, permission is hereby:-

   

(a)

refused for reasons given below:-

     

_____________________

     

_____________________

   

(b)

granted subject to the conditions given below:-

     

_____________________

     

_____________________

   

Note.- This sanction will remain valid for a period of the one year during  which the access should  be laid and completed in  all respects.

   

(in case of (b) above).

     

 Yours faithfully,

     

Director

***

FORM BK-I

(See Rule –32)

Application  for a licence for setting  up charcoal kiln/ pottery kiln, lime/kiln,

brick-kiln or brick field or for quarrying stone, bajri, surkhi, kankar in a

controlled area under Section 8 of the Act.

 

To

   

______________

   

______________

 

Sir,

 

   I/We beg to apply for grant/renewal of licence for the setting up of charcoal-kiln/ pottery kiln, lime/kiln, brick-kiln or brick field or for quarrying stone, bajri, surkhi, kankar in a controlled Area……

   

2.    As required, I/We submit the following in triplicate:-

   

(i)

a guide map on a scale of not less than 6” to a mile showing the location of the site within the controlled area.

   

(ii)

a site plan on a scale of not less than 1” to 40” showing the boundaries of the land, the portion of the land which is to be excavated and portion in which kiln or machinery is to be installed.

   

(iii)

a cross-section through the portion of the land proposed for excavation showing:-

   

 

(a)  existing levels, and

   

 

(b)  the average levels to which it is to be excavated.

   

3.    I/We enclose a demand draft for [105][Rs.1500] in lieu of the  prescribed fees.

   

[106][4.   Copy of the deed showing the title of the applicant to land.]

   

Dated;

    Yours faithfully,

   Address

***

FORM BK-II

(See Rule-35)

 

Form of licence under Section 8 of the Punjab Scheduled Roads and Controlled Areas Restriction of

 

Unregulated  Development Act, 1963, for setting up a charcoal-kiln/ pottery kiln, lime/kiln, brick-kiln

 

or brick field or for quarrying stone, bajri, surkhi, kankar in a controlled Areas.

   
 

Name and address of licence……………………..

 

Purpose of licence………………………………….

 

Description of land covered by licence……………..

 

1.   Licence is hereby granted under Section 8 of the Punjab Scheduled Roads and Controlled Area Restriction of Unregulated Development Act, 1963 with particulars given below:-

2.   This licence is applicable only to the land indicated in the attached site plan bearing my signature and seal of the office.

3.   This licence is valid upto ……….31st December, 19

  Renewed up to……………………..31st December, 19

  Renewed up to……………………..31st December, 19

  Renewed up to……………………..31st December, 19

4.   This licence is subject to the  following conditions:-

(i)    The position of the land earmarked for excavation  as shown in the site plan shall alone be excavated.

(ii)  The excavation shall not exceed  a depth on 5 feet.

(iii)    No permanent building shall be constructed on the site.

 

Dated…………      Director

***

[107][FORM BR-I

( See Rule-39)

Form of application

 

Class of Building-Residential/Commercial/Institutional/Warehousing/Industrial

 

From

   

________________

   

________________

 

To

   

The Director, Town and Country Planning, Haryana

   

Chandigarh.

 

Sir,

 

  I/We apply for permission to erect/re-erect/add to alter a building/wall in accordance with the plans submitted herewith on the  site Nos.-__________street __________at__________

 

2.   I/We attach:-

   

(a)    a site plan (in triplicate) showing the position of the site proposed to be built upon as required by the rules.[108][alongwith an un-editable Compact Disc/DVD or any other electronic medium permissible by Director from time to time containing the drawings so submitted;]

(b)   Plans elevations and sections in triplicate as required by the rules.[109] [alongwith an un-editable Compact Disc/DVD or any other electronic medium permissible by Director from time to time containing the drawings so submitted;]

(c)    Drainage  plans, engineering drawings (structural) in triplicate as required by the rules 3[alongwith an un-editable Compact Disc/DVD or any other electronic medium permissible by Director from time to time containing the drawings so submitted;]

(d)   Structural plans (for record), as per Form BR-V(A1)/BR-V(a2), as may be applicable; 

(e)    Fire Safety design as required in the National Building Code as approved by the State Fire Authority. Alternatively an undertaking to the effect that the fire safety plans duly approved by the State Fire Authority will be submitted within sixty days;

(f)    Heating, Ventilation, Air-conditioning (H.V.A.C) service plans, wherever required;

(g)    Specifications of the proposed building (in troplicate) in Form BR-II;

(h)   Certificate of conformity to regulation and structural safety for the relevant buildings (depending upon type and height) in Form BR-V(A1) or BR-IV(A2); and

(i) Demand draft no...................., drawn on ............ (Bank), favouring, Director, Town and Country Planning, Haryana for Rs........... as scrutiny fees, as prescribed under the rules.

 

3.    The constructions of the building will be undertaken as per the approved building plan, structural design given by the Structural Engineer, fire safety design as approved by the competent authority and got supervised through the following Architect/Engineer: 

 

A.

Architect:

 

(i)

Name of Architect:

 

(ii)

Council of Architect Registration No. __________, valid upto__________.

 

(iii)

Complete Address

 

B.

Engineer:

 

(i)

Name of Engineer:

 

(ii)

Registration No. (if any) ______________,

 

(iii)

Qualification:

 

(iv)

Complete Address

   

Dated   Signature of applicant]

Enclosures

***

FORM BR-II

( See Rule 39)

 

The materials to be used in the construction to be clearly specified under the following heads:-

 

 

Items

Specifications

(a)

Foundations

 

(b)

Walls

 

(c)

Damp-proof course

 

(d)

Floors

 

(e)

Roofs

 

(f)

Windows and Doors and other wood-work

 

(g)

Steel work

 

(h)

Internal finish

 

(i)

External finish.

 

  Signature of applicant

 

Signature

 

Supervisor-cum-Architect.

***

FORM BR-III

( See Rule 44)

Form of Sanction

 

From

   

The Director,

   

Town and Country Planning Department, Haryana

   

Chandigarh.

 

To

   

_________________

   

_________________

   

Memorandum No

   

Dated  the ………………..

 

    Reference you application for permission to erect/re-erect-add to /alter a building on plot No. ………… in accordance with the plans submitted with it.

 

  Permission is hereby;-

   

(i) granted for the aforesaid construction subject to the provisions of the Punjab  Scheduled Roads and Controlled Areas Restriction of  Unregulated Development Act, 1963, and rules framed thereunder:-

(ii)   refused for reasons given below:-

____________________

____________________

(iii) Sanctioned for construction subject to the following amendments:-

____________________

____________________

 

Encloses  Director.

***

[110][FORM BR-IV(A)

[See rule 47( 2)]

For Residential and Commercial Building [111][14.5 metres] height

Application for permission to occupy

 

From

   

_________________

   

_________________

 

To

   

The Director,

   

Town and Country Planning Department, Haryana

   

Chandigarh.

 

Sir,

 

    I/We hereby give you notice that the building /part-of-building described below and sanctioned vide your order No._______, dated________, has been completed on __________in all respect according to the sanctioned plans and the structural design made for the same and the suggested modifications have been carried out.

   

Description of Building

   

Plot No._____________, Sector__________, Colony _________________ City/Town____________________.

   

Name of the owner_____________________________________________________

   

Complete address of the owner____________________________________________________

 

2.    The modifications made to the building plans and carried out at site during the course of construction are submitted herewith:

   

__________________________________________________

   

__________________________________________________

 

3.    Corresponding to the above modifications made in the building plan, the necessary amendments were also carried out in the structural design and implemented at site.

 

4. Completion certificate from the architect/engineer who supervised the construction of the building is submitted herewith.

 

5. Kindly issue an occupation certificate as required by rule 47(1) of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965.

   

Dated_______________

   

Signature of the Architect/Engineer supervising

   

the construction at site

     

   Signature of applicant

 

***

FORM BR-V (B)

( See Rule 47(2)

For Buildings other than Residential and Commercial Buildings upto [112][14.5 metres] height.

 

Application for permission to occupy

 

From

   

_________________

   

_________________

 

To

   

The Director,

   

Town and Country Planning Department, Haryana

   

Chandigarh.

 

Sir

 

    I/We hereby give you notice that the building /part-of-building described below and sanctioned vide your order No._______, dated________, has been completed on __________in all respect according to the sanctioned plans and the structural design made for the same and the suggested modifications have been carried out.

   

Description of Building

   

Plot No._____________, Sector__________, Colony _________________ City/Town____________________.

   

Name of the owner_____________________________________________________

   

Complete address of the owner____________________________________________________

 

6.    The modifications made to the building plans and carried out at site during the course of construction are submitted herewith:

   

 __________________________________________________

   

 __________________________________________________

 

7.    Corresponding to the above modifications made in the building plan, the necessary amendments were also carried out in the structural design and implemented at site.

 

8. Completion certificate from the architect/engineer who supervised the construction of the building is submitted herewith.

 

9.    Kindly issue an occupation certificate as required by rule 47(1) of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965.

   

Dated_______________   Signature of applicant.

   

Signature of the Architect/Engineer supervising the construction at site ______________

   

Signature of the Architect/Engineer supervising the construction at site ______________

 

***

FORM BR-V (1)

[See Rule 47(2)]

 

For Buildings other than Residential and Commercial Buildings upto [113][14.5 metres] height.

 

Completion certificate by an Architect/Engineer in respect of building on:

   

Plot No._____________, Sector__________, Colony _________________ City/Town____________________.

   

Name of the owner_____________________________________________________

   

Complete address of the owner____________________________________________________

 

It is hereby certified that the above work has been supervised by us and has been completed to my satisfaction in accordance with the sanctioned building plans and its structural design. The workmanship and all the material used for construction meet the specifications laid down in the National Building Code. No. provision of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965, and no rules made, conditions prescribed or order issued thereunder has been transgressed in the course of the work.

 

Dated ___________________

   

Signature of the Architect   Signature of the Engineer.

 

***

FORM BR-V (2)

( See Rule 47(2)

For Buildings other than Residential and Commercial Buildings upto [114][14.5 metres] height.

 

Completion certificate by the  Architect and the Engineer in respect of building on:

   

Plot No._____________, Sector__________, Colony _________________ City/Town____________________.

   

Name of the owner_____________________________________________________

   

Complete address of the owner____________________________________________________

 

It is hereby certified that the above work has been supervised by us and has been completed to our satisfaction in accordance with the sanctioned building plans and its structural design as checked and certified by the proof consultant. The workmanship and all the material used for construction meet the specifications laid down in the National Building Code. No. provision of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965, and no rules made, conditions prescribed or order issued thereunder has been transgressed in the course of the work.

 

Dated ___________________

 

Signature of the Architect   Signature of the Engineer.

 

***

FORM BR-V (A1)

( See Rule 38(xxix-a) and 39(l)(g), para 2(d) of Form BR-I, 47(2) 47(2)]

 

Certificate of conformity to rules and structural safety for Residential and Commercial Buildings up to 1[14.5 metres] height

Certificate to be submitted alongwith the building application in Form BR-1 duly signed by the Architect and the Structural Engineer.

   

Detail of the building for which the certificate is issued

   

Plot No._____________, Sector__________, Colony _________________ City/Town____________________.

   

Name of the owner_____________________________________________________

   

Complete address of the owner____________________________________________________

   

A.

Building Plan:

   

(i)

Name of Architect: ______________________

   

(ii)

Council of Architect Registration No. ______________________, valid upto  _______________

   

(iii)

Complete Address ____________________________________________

   

B.

Structural Design:

   

(i)

Name of Engineer : ______________________

   

(ii)

Registration No. (if any) ______________________

   

(iii)

Qualifications and experience_______________________________

   

(iv)

Complete Address ____________________________________________

   

Certificate

   

  It is herby certified that the plans submitted in Form BR-1 for the building detailed above, are in accordance with the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965, as amended from time to time and the approved zoning plan of the plot. The structure has been designed in accordance with the provisions the National Building Code and the relevant Indian Standard Codes (with latest amendments) including Indian Standard Codes for structures resistant to earthquakes and the natural hazards. The local soil conditions, its load bearing capacity and the underground water  table etc. have been kept in view while designing the same.

   

Dated ___________________

   

Signature of Owner Signature of the ArchitectSignature of the Structural Engineer.

     

***

FORM BR-V (A2)

( See Rule 38(xxix-a) and 39(l)(g), para 2(d) of Form BR-I, 47(2) 47(2)]

Certificate of conformity to rules and structural safety for Buildings other than and Commercial Buildings upto [115][14.5 metres] height

Certificate to be submitted alongwith the building application in Form BR-I duly signed by the Architect and Structural Engineer and the Proof consultant.

   

Detail of the building for which the certificate is issued

   

Plot No._____________, Sector__________, Colony _________________ City/Town____________________.

   

Name of the owner_____________________________________________________

   

Complete address of the owner____________________________________________________

   

A.

Building Plan:

   

(i)

Name of Architect: ______________________

   

(ii)

Council of Architect Registration No. ______________________, valid upto  _______________

   

(iii)

Complete Address ____________________________________________

   

B.

Structural Design:

   

(i)

Name of Engineer : ______________________

   

(ii)

Registration No. (if any) ______________________

   

(iii)

Qualifications and experience_______________________________

   

(iv)

Complete Address: ____________________________________________

   

Certificate

   

    It is hereby certified that the plans submitted in Form BR-I for the building detailed above, are in accordance with the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules. 1965, as amended from time to time and the approved zoning plan of the plot. The structure has been designed in accordance with the provisions of the National Building Code and the relevant Indian Standard Codes (with latest amendments) including Indian Standard Codes for structures resistant to earthquakes and other natural hazards. The local soil conditions, its load bearing capacity and the underground water table etc. have been kept in view while designing the same.

   

Dated ___________________

   

Signature of Owner       Signature of the Architect      Signature of the Structural

Engineer.

   

The structural design has been checked by me and has been found to be in order. The design ins in accordance with the provisions of the National Building Code and the relevant Indian Standard Codes (with latest amendments) including Indian Standard Codes for structures resistant to earthquakes and other natural hazards. The local soil conditions, its load bearing capacity and the underground water table etc. have been kept in view while designing the same.

   

Dated ___________________

     

Signature of Proof consultant.]

     

***

     

SCHEDULE I

     

[See Rule 38 (iii)]

     

One of the following of higher qualifications shall be essential:-

   

(1)

Qualification  recognized by the Institute of Engineers, India in the Civil Engineering Branch for Associate Membership of the Institute.

   

(2)

Qualifications recognized by the Indian Institute of Architects for Associateship of the Institute.

   

(3)

Qualifications recognized by the Institute of Town planners, India, for Associateship of the Institute with Engineering or Architectural background.

     

 

     

***

     

SCHEDULE II

     

[See Rule 67 (1)]

 

1.

Dead Loading.- For the purpose of calculating the  dead loading of a building or any part of a building the weights of the materials shall be assumed to be those set out in British Standard Specifications No. 648-1935 (Schedule of Unit Weights or Building Materials), or if not set out in that specifications shall be determined by test.

 

2.

Superimposed Loading.- For the purpose of calculating the super-imposed loading on beams, pillars, piers and walls, the minimum superimposed load on each floor and on the roof of a building shall be estimated as equivalent to the dead load specification in the following table for the appropriate type of building floor or roof:-

Serial No.

Description of building floor or roof

Pounds per sq. foot of floor area

1.

Rooms or residential buildings, flats, hotels, hospital rooms and wards, corridors, staircases and landings of residential building & flats

40

2.

Office floors above entrance floor

50

3.

Office-entrance floors and floors below entrance floor

80

4.

Religious places, schools, reading  rooms, art galleries and similar buildings.

70

5.

Retail shops and garages for cars of not  more than two tons dead weight.

80

6.

Assembly halls, drill halls, dance halls, light work-shops, public spaces in hotels, hospital corridors, stair-cases and landings for the buildings mentioned in this table other than described at serial No. 1 above; cinemas, restaurants and and grand stands.

100

7.

Warehouses, book-stores, stationery stores and buildings similarly used, and garages for motor vehicles exceeding two tons dead weight. Actual load to be calculated but not less than.

200

8.

Flat roofs and roofs inclined at an angle with the

30

9.

Roofs  inclined at an angle with the horizontal of  more than twenty degrees ( per square foot of covered areas.)

10

       
   

(a) For the purpose of calculating the total load to be carried on pillars, piers and wall of buildings of more than two storeys in height; the superimposed loads for the rood and topmost storey shall be calculated in full in accordance with the schedule of loading set out above, but for the lower storeys a reduction of superimposed loads may be allowed as under:-

   

Reduction of superimposed loads on pillars, piers and walls;

For the first storey below the topmost storey- 10 per cent reduction of its superimposed load.
For the second storey below the topmost storey- 20 per cent reduction of its superimposed load.
For the fourth storey below the topmost storey- 40 per cent reduction of its superimposed load.
For the fifth storey and each lower storey below the topmost storey- 50 per cent reduction of its superimposed load.

These reductions may be made by estimating the proportion of floor area carried by each pillar, pier or wall. No such reduction shall be allowed on any floor scheduled for an applied superimposed load exceeding one hundred pounds per square foot.

   

(b)   except as hereinafter provided, the wind pressure on a building shall be assumed to be not less than twenty pounds per square foot in any horizontal direction:

   

   Provided that where the height of a building is less than twice its width and where the building is stiffened by walls and floors the wind pressure may be neglected.

   

(c) A superimposed load which may roll or move on  wheels shall be calculated as being equivalent to a static loading which exceeds the weight of the rolling of moving load by not less than fifty per cent.

 

3.

Partitions.- Where the position of a partition in a building is definitely located in the design, the actual

   

weight of the partition shall be included in the dead floor load, Where the position of a partition is not definitely located in the design, a uniformly distributed load sufficient to allow for it, shall be added to the dead floor load, and for all such floors used for offices the minimum total allowance for partitions shall be at the rate of twenty pounds per square foot of floor area.

***

 

SCHEDULED III

 

(See Rule 95 and 125)

   

One of the following or higher qualifications shall be essential:-

   

(1)

Member of the royal Sanitary Institution (England or  an equivalent registration in any other foreign country).

   

(2)

Diploma is Sanitary Engineering from Victoria Jubilee Institution of Bombay or from any other recognized institution.

   

(3)

Diploma in Civil engineering from any College or institution  recognized by Government.

   

(4)

Licensed plumber of at least  5 years standing with the Municipal Corporation of Delhi, Bombay, Calcutta or Madras.

   

(5)

Ten years practical experience  in sanitary installation with a firm of repute or under licenced plumber.

     

***

     

[116][SCHEDULED IV

[See rule 26-D (g)]

     

Rate of conversion charges in the Controlled Areas in the States

     

(Rates Rupees per square meter)

Potential Zone

Hyper Potential

High Potential

Medium Potential

Low Potential

1

2

3

4

5

Name of Controlled Area

 

 

 

Controlled areas forming part of the Development Plan Gurgaon-Manesar Urban Complex.

Controlled areas declared in Gurgaon District excluding the controlled areas forming part of the Development Plan Gurgaon-Manesar Urban Complex and controlled area forming part of Development Plan of Pataudi and Farukhnagar but including part of Sohna Development Plan, controlled areas of Faridabad-Ballabgarh Complex, controlled areas of Sonipat-Kundli Multifunctional Urban Complex, Panipat and periphery controlled area of Panchkula.

Controlled areas around towns i.e. Karnal, Kurukshetra, Ambala City, Ambala Cantt., Yamuna Nagar, Jagadhri, Bahadurgarh, Hisar, Rohtak, Rewari, Bawal-Dharuhera Complex, Gannaur, Palwal, Hodel, controlled areas declared in Faridabad District (excluding the controlled areas of Faridabad-Ballabgarh Complex), Oil refinery Panipat (Beholi) and Controlled Areas forming part of the Development Plan, Prithla.

All other controlled areas declared in the State.

 

Abutting on

Abutting on

Abutting on

Abutting on

Use

NH

SR/ Sector Road

Other Road

NH

SR/ Sector Road

Other Road

NH

SR/ Sector Road

Other Road

NH

SR/ Sector Road

Other Road

Residential

210

158

105

158

125

105

100

80

60

30

20

15

Low density ECO friendly colonies

420

316

210

316

250

210

200

160

120

60

40

30

Commercial

 

 

 

(i) Commercial Projects like Motel with Banquet facility, 5-Star Hotel, Resort for 150% Floor Area Ratio(FAR) permission granted under provisions of Act No.41 of 1963

4700

4500

4300

2600

2400

2200

1200

1100

800

350

300

250

 

(ii) Other Commercial Projects, which are not mentioned above.

 

 

 

 

 

 

 

 

 

 

 

 

 

(a) upto 150% FAR

1470

1260

1050

1260

1050

840

700

600

350

200

150

100

 

(b)    above 150%FAR

1715

1470

1225

1470

1225

980

816

700

408

235

175

116

 

Industrial

100

100

100

80

80

80

50

50

50

30

30

30

 

Integrated Inland Container Depots/Custom Bounded Areas

200

200

200

160

160

160

100

100

100

60

60

60

 

Warehouses for agro produces

100

100

100

80

80

80

50

50

50

30

30

30

 

Warehouses other than agricultural produces

150

150

150

120

120

120

75

75

75

45

45

45

 

Institutional

158

126

105

105

84

63

60

40

30

20

15

10

 

Recreational

200

200

200

160

160

160

100

100

100

60

60

60

 

                                                 

Notes:

1.  Abbreviations used indicate NH: National Highway; SR: Scheduled Road.

2.  Sector Road is the Sector dividing road as indicated on the Development Plan.

3.  Where a piece of land falls in more than one category, the Higher/Highest rate shall apply.

4.  50 percent conversion charges shall be charged for food processing unit located in industrially backward area declared by the Industries Department, Haryana.

5.  No conversion charges and scrutiny fee shall be charged for renewable energy power projects in the State of Haryana.

6.  The commercial components like hotels, exhibition centers, restaurants, convention centers etc. shall be charged at applicable commercial rates within the recreational projects.]

[117][7.  50% conversion charges shall be levied in B,C & D category blocks as notified by the Government, for Micro, Small, and Medium Enterprise as defined in the Enterprises Promotion Policy-2015.

8.  In case of Institutions/Organisations imparting religious/spiritual preaching/moral education, the conversion charges be levied as per covered area/FAR approved.]

 [118][9.    In case of Transit Oriented Development, the conversion charges shall be levied on pro-rata basis i.e. for every increased slab of 0.25 FAR, the additional charges equivalent to the charges applicable for FAR of 25% as per the rates prescribed for respective use in Schedule – IV shall be applicable. However, full payment of conversion charges shall be payable for fresh licences under Transit Oriented Development Policy.

10.  The conversion charges shall be levied proportionate to the uses in case of mixed land use projects

11.  For New Integrated Licencing Policy, the conversion charges shall be levied 1.5 times of the rate prescribed for residential plotted colony in case of 1.0 FAR and 2.0 times in case of 1.25 FAR.

12.  For Affordable Plotted Residential Colonies permitted under Deen Dayal Jan Awas Yojana, the conversion charges are exempted.]

***

 

[119][SCHEDULED IV-A

 

[See Rule 49 Sixth proviso]

   

Rates of conversion of residential premises into non-nuisance professional services for 25% of the covered area of the covered area of the premises or 50 square meter whichever is less

 

Potential

Hyper Potential

High Potential

Medium Potential

Low

Name of Controlled Area

Controlled Areas forming part of the Development Plan Gurgaon Manesar Urban Complex-2021

Controlled areas declared under Section 4(1)(b) in Gurgaon District (excluding the controlled areas) forming part of the Development Plan Gurgaon-Manesar Urban Complex-2021) including controlled areas around Sohna town, controlled areas of Faridabad-Ballabhgarh Complex, Controlled arreas of Sonipat-Kundli Multifunctional Urban Complex, Panipat and periphery controlled area of Panchkula.

Controlled areas around towns i.e. Karnal, Kurukshetra, Ambala Cantt., Yamuna Nagar, Jagadhri, Bahadurgarh, Hissar, Rohtak, Rewari, Bawal-Dharuhera Complex, Gannaru, Palwal, Hodel, Controlled areas declared under section 4(1)(b) in Faridabad Distt. Oil Refinery Panipat (Beholi).

All other controlled areas declared in the state.

 

Rs. 060 Lac

Rs. 0.50 Lac

Rs. 0.30 Lac

Rs. 0.20 Lac]

                                   

 

 

 

FORM M-I

 

(See Rule 126 (a) )

   

    Register showing particulars of all cases in which permission to erect or re-erect a building in existence before the commencement of the act and involving structural alteration or addition within 30 meters of a scheduled road or within 100 meters of a bye-pass, or for laying out means of access to a Scheduled road under Section 3 is granted or refused along scheduled roads in District .------------------

1

2

3

4

5

6

7

Serial No.

File no.

Name & full Address

Date of Application

Particulars of the application e.g., whether for permission for erection or re-erection of an existing building involving structural alterations or additions; or for laying  out a means of access to a scheduled road

Date  & brief particulars of the final order passed by the Director, granting or refusing the permission

Remarks

 

***

   

FORM M-II

   

(See Rule 126 (b) )

   

    Register showing particulars of all cases in which permission to erect of re-erect a building or make or extend an excavation or lay out means of access in a controlled area is a granted or refused relating to the controlled area at --------------------------

 

1

2

3

4

5

6

7

8

Sr. No.

File No.

Name & full address

Date of Application

Particulars of applications the request is to erect or re-erect a building or make or extend an excavation  or layout a means of access to a road within in a Controlled Area in accordance plan

Brief specification of the erection or re-erect a building or make or of means of access mentioned in column 5

Date and brief particulars of the final orders passed by the Director granting or refusing the permission

Remarks

 

***

 

FORM M-III

 

(See Rule 126 (c) )

   

    Register showing particulars of all cases in which permission for change  of use of land within a controlled area for the purposed of setting up a private colony is granted of refused relating to the controlled area at ……….

 

1

2

3

4

5

Serial No.

File No.

Name of the person or society or firm applying for permission with full address.

Date of Application

Particulars of application's past experience in the Line, if any

6

7

8

9

10

11

Area of land proposed to be covered by the colony & name of village with the nearest number of mile-stones/ furlong stones.

Date or dates of acquisition i.e purchase or agreements to purchase  the land under the colony wholly or partly.

Date on which the applicant is informed the likelihood of consideration of this request, if any

Date on which the land under the colony was notified under section 4 of the land Acquisition Act.

Date and brief particulars of the final  order passed by the Director granting or  refusing Permission

Remarks

                   

***

FORM M-IV

(See Rule 126 (d))

 

    Register showing particulars of all cases in which licence in a controlled area for  charcoal-kiln,pottery kiln,  lime –kiln, brick-kiln, or beick field or for quarrying stone, bajri, surkhi, kankar or for some similar extractive or ancillary operation if granted or refused.

 

1

2

3

4

5

Serial No.

File No.

Name and address of the person of Society or firm  applying for licence

Date of Application

Purpose of licence e.g for charcoal kiln,pottery kiln,lime-kiln, brick kiln, or brick-field or for quarrying stone, bajri, surkhi, kankar or for some other similar extractive or ancillary operation

6

7

8

9

10

11

12

Particulars of past  experience of the applicant in the line

Brief description of land & area on which operation is to is to be carried out.

Date & brief particulars of the final orders passed by Director granting or refusing permission.

Amount of licence fee paid

Date on which the licence expires

Date of  renewal

Remarks

                     

***

FORM M-V

(See Rule 126 (e))

 

Register showing particulars of all cases in which order of demolition under section 12 (2) of the Act  are issued in the controlled area at -----------------outside controlled area in  District ---------------------

 

1

2

3

4

5

6

Serial No.

File No.

Particular of  reporting or detecting or Agency

Name and address of unauthorised builder or defaulter

Location and particulars of site where construction has taken place.

Description of unauthorized construction in detail given measurements

7

8

9

10

11

12

Date of Issue of Demolition order

Date of compliance defaulter

Date of demolition departmentally in case of non-compliance by defaulter

Labour charges incurred & realised with number and date of  receipt.

Whether prosecution launched and if so,results

Remarks

                     

***

FORM M-VI

( See Rule 128)

 

   Show cause notice in respect of alleged erection or re-erection/extension on of Show cause notice in respect of alleged erection or re-erection/extension on of land

 

No…………….. Dated………………

 

To

 

__________________

 

__________________

 

    Whereas it has been reported to me that an order of demolition under Section 12(2) should be issued against you on account of your having-

 

(i)

erected/re-erected a building at ………………

 

(ii)

made or extended excavation at ………………

 

(iii)

laid out a means of access to ……road in contravention of section 3 or section  6 or in contravention of the conditions imposed by an order  under Section 8/Section 10 of the Act by you.

 

(iv)

Used land situated at ……………… in contravention of provisions of sub-section (1) of section 7 by ……

 

2. You are, therefore, required to show cause within a period of …..days why the said order be not issued.

 

Director

***

FORM M-VII

( See Rule 128)

Order under Section 12(2) of the Punjab Scheduled Roads and Controlled Areas

Restriction of Unregulated Development Act, 1963.

 

No……………..   Dated………………

 

To

   

__________________

   

__________________

 

Whereas you have-

 

 (i)

erected/re-erected a building at………

 

 (ii)

Made or extended excavation  at………

 

 (iii)

Laid out a means of access to ……. Road in contravention of section 3 or section 6 or in contravention of the conditions imposed by an order under section 8/section 10 of the Act by you[120].

 

 (iv)

used  land situated at ……..in contravention of the provision of sub-section (1) of section 7 by…………………[121]

 

2.   You are hereby required to restore the said land to its original state including the demolition of any building/means of access wherever constructed and you fail to do so within a period of 3 months of the date of this order, I may take such measures including demolition of any building/means of access as may appear to me to be necessary, to give effect to this order, and to recover the cost of such measures from you as arrears of land revenue.

     

Director.

[122][FORM N-1

( See Rule 49 sixth proviso)

 

Application form to be made for rendering non-nuisance professional consultancy.

 

To

   

__________________

   

__________________

 

1.

Name of the applicant__________________

 

2.

Premises Number and size__________________

 

3.

Name of colony/change of land use site__________________

 

4.

Sector____________________________________

 

5.

Detail of built up area__________________

 

6.

Copy of approved building plan showing duly marked area upon which mixed land use is applicable _________________________________

 

7.

Whether occupation certificate has been issued, if so, attested copy thereof to be attached____________________________________

 

8.

Details of profession____________________________________

 

9.

Details of anticipated visitors____________________________________

 

10.

Working hours of consultancy____________________________________

 

11.

Detail of fee____________________ Demand Draft Number________________________, Name of Bank_________________________

 

12.

Affidavit to the effect that he shall abide by all the terms and conditions, which shall be imposed by Director from time to time.

   

Place:

   

Date:  Signature of applicant.

 

FORM N-II

( See Rule 49 sixth proviso)

 

From

 
   

___________________________________

 

To

___________________________________

   

Memo Number

 

Subject:

Permission to provide non-nuisance consultancy services in the residential premises.

   

This is with reference to you application dated _________________________________

 

2.    Permission is hereby granted to provide _____________________ _service , within the premises of you land/house bearing number _______________________sector _____________________control area_____________________. The above permission shall be subject to the following terms and conditions:-

 

(1)

You can use the premises of your house upto 25% of the covered area of the premises or 50 square meters, whichever is less for the purpose.

 

(2)

Total charges paid i.e. Rupees is for a period of five years

 

(3)

Water, sewerage and electricity charges for such premises to the extent that is being used for non-residential use would be charged at commercial rates by the service providing agency.

 

(4)

The permission given by Director shall be valid for a period of five years which may be renewed thereafter for a period of five years and further in block of five years on payment of renewal fee @ 10% of updated commercial charges.

 

(5)

The owners of a premises where mixed land is used is permitted should accept any other condition such as restriction with respect of provision of parking advertisement etc.

 

(6)

Director can withdraw the permission given for mixed land use at any point of time, if the percentage area permitted under mixed land use is found to exceed the stipulated limit or for any other reason in the public interest.

 

(7)

That the permission shall also be governed by the r provision of the Punjab Scheduled Roads and Controlled areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963) and the rules framed thereunder and the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975) and the rules framed thereunder.

 

(8)

That the owners of building shall not further sublet/lease out the premises for which permission is being granted.

   

Signature of Permission, Issuing Authority.].

 

***

   

[123][FORM BRS-1

   

[see rule 39(1A)]

   

Form of application

   

Class of Building-Residential/Industrial

 

From

 
   

___________________________________

 

To

The Director,

   

Town and Country Planning, Haryana,

   

Chandigarh.

 

Sir,

 
 

   I/We apply for permission to erect/re-erect/add/alter a building/wall in accordance with the plans submitted herewith on Site no. ________________________; at _______________________.

 

2.

I/We attach:

 

(a)

a site plan (in triplicate) showing the position of site proposed to be built upon as required by the rules alongwith an un-editable Compact Disc/DVD or any other electronic medium permissible by Director from time to time containing the drawings as required by rule 40;

 

(b)

Plans, elevations and sections (in triplicate) as required by the rules alongwith an un-editable Compact Disc/DVD or any other electronic medium permissible by Director from time to time containing the drawings as required by rule 41;

 

(c)

Drainage plans (in triplicate), as required by rules alongwith an un-editable Compact Disc/DVD or any other electronic medium permissible by Director from time to time containing the drawings as required by rule 41;

 

(d)

Structural drawings (for record) as per Form BRS-V;

 

(e)

Fire Safety Design as required in the National Building Code as approved by the State Fire Authority. Alternatively an undertaking to the effect that "the fire safety plans duly approved by the State Fire Authority will be submitted within sixty days;

 

(f)

Heating, Ventilation, Air-conditioning (HVAC) service plans, wherever required;

 

(g)

Specifications of the proposed building (in triplicate) in Form BR-II;

 

(h)

Certificate of conformity to regulation and structural safety for the relevant buildings in Form BRS-IIA;

 

(i)

An affidavit from the owner and architect, as required under rule 39 (1A);

 

(j)

Demand draft No. ____________, drawn on_______ (Bank), favouring, Director, Town and Country Planning, Haryana for Rs. ___________, as scrutiny fees, as prescribed under the rules 39(1A);

 

3.    The construction of the building will be undertaken as per the approved building plans, structural design given by the Structural Engineer, fire safety design as approved by the competent authority and got supervised through the following Architect/Engineer:

 

A.

Architect :

   

(i) Name of Architect:

   

(ii) Council of Architect Registration No. _______________, valid upto ________________.

 

B.

Engineer:

   

(i) Name of Engineer;

   

(ii) registration No. (if any)_____________.

   

(iii) Qualifications:

   

(iv) Complete Address:

   

Dated:

   

Enclosures  Signature of applicant.

   

***

   

FORM BRS-II

   

[see rule 39(1A)]

   

For Residential and Industrial Buildings

 

A certificate by an Architect/Engineer-

   

Plot No._____________, Sector__________, Colony _________________ City/Town____________________.

   

Name of the owner_____________________________________________________

   

Complete address of the owner____________________________________________________

 

    It is hereby certified that the plans submitted in form BRS-I for the building detailed above are in conformity with the Part-VII, building rules of Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965 as amended from time to time and the approved zoning plan of the plot. The structure has been designed in accordance with the provision of national building codes for structures resistance to earthquakes and other natural hazards. The local soil conditions, its load bearing capacity and the underground water table etc. have been kept in view while designing the same.

   

 

Dated:

   

Signature of the Owner     Signature of the Architect   Signature of the Engineer.

   

***

   

FORM BRS-III

   

[see rule 47(2a)]

   

For Buildings Residential and Industrial Buildings applied under rule 39 (1A)

   

Application for permission to occupy

 

From

__________________

   

__________________

   

__________________

 

To

 
   

The Director,

   

Town and Country Planning, Haryana,

   

Chandigarh.

 

Sir,

 
 

    I/We hereby give you notice that the building/part of building described below and sanctioned vide your order No. ________, dated___________, has been completed on ___________ in all respect according to the sanctioned plans and the structural design made for the same and suggested medications have been carried out.

   

Description of Building

   

Plot No._____________, Sector__________, Colony _________________ City/Town____________________.

   

Name of the owner_____________________________________________________

   

Complete address of the owner____________________________________________________

 

2.

Detail of compoundable violation from the approved building plans in the building

   

____________________________________________________

   

____________________________________________________

 

3. Demand Draft No. _________, drawn on _________ (Bank), favouring, Director, Town and Country Planning, Haryana for Rs. __________ of the due payment for compounding charges of such violations at the rates determined by the Director.

 

4.    Certified that corresponding to the above modifications made in the building plans, the necessary amendments were also carried out in the structural design and implemented at site.

 

5.    Completion certificate on form BRS-IV from the architect and engineer who supervised the construction of the building is submitted herewith.

 

6. Kindly issue an occupation certificate as required by rule 47(2a) of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development.

   

Signature of the Architect supervising the construction at site

   

Signature of the Engineer supervising the construction at site

   

Signature of applicant.

   

***

   

FORM BRS-IV

   

[see rule 47(2a)]

 

For Buildings other than Residential  and Industrial Buildings applied under rule 39 (1A)

 

Completion certificate by the Architect and the Engineer in respect of building on

   

Plot No._____________, Sector__________, Colony _________________ City/Town____________________.

   

Name of the owner_____________________________________________________

   

Complete address of the owner____________________________________________________

 

It is hereby certified that the above work has been supervised by us and has been completed to our satisfaction in accordance with the sanctioned buildings plans/compoundable violations from the approved buildings plans. Its structural design as checked and certified by the proof consultant, the workmanship and all the material used for construction meet the specifications laid down in the National Building Code. No provision of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965, and no rules made, conditions prescribed or order issued thereunder has been transgressed in the course of the work.

   

Detail of compoundable violation from the approved building plans in the building are;-

   

__________________________________

   

Dated:

   

Signature of the Architect    Signature of the Engineer.

   

***

   

FORM BRS-V

   

[see rule 47(2a)]

   

Form of Occupation Certificate Residential and Industrial Buildings applied under rule 39 (1A)

 

From

 
   

The Director,

   

Town and Country Planning, Haryana,

   

Chandigarh.

 

To

 
   

_______________________

   

_______________________

   

Memo No._______________________

   

Dated   _______________________

 

    Whereas _____________has applied for the issue of and application certificate in respect of the building described below, I hereby:-

   

(i) grant permission for the occupation of the said building; or

   

(ii) refuse permission for the occupation of the said building for reason given below:-

   

Description of building

   

City______________________ Street/Road____________________.

   

Site No.___________________________ House No. (if any)__________________________

   

Dated ___________________

   

Director.]

NOTIFICATIONS

 
 

1.  Powers of Director  delegated to Administrator under Pb. Schedule Roads Act.- The Governor of Haryana by virtue of the powers vested in him under section 2(6) of the Punjab Schedule Roads and Controlled Area Restriction of Unregulated Development Act, 1963, is pleased to appoint the Administrator Haryana Urban Development Authority at Faridabad, Gurgaon, Hisar and Panchkula as Director, Town and Country Planning Department to exercise and perform the powers and functions of the Director under Section 9,12 and 16 of the said Act, for their respective jurisdictions. ( Noti. No. 5 DP – 91/2001- dated 14.2.91)

 

2.  Powers of Director delegated to Administrators under Haryana Development and Regulation or Urban Area Act. – The Governor of Haryana, by virtue of the powers vested in him under Section 2(f) of the Haryana Development and Regulation of Urban Areas Act, 1975, is pleased to appoint the Administrator, Haryana Urban Development Authority, at Faridabad, Gurgaon, Hisar and Panchkula as Director, town and Country Planning Department to exercise and perform the powers and functions of the Director under Sections 10 and 12 of the said Act. ( Notification No. 5 DP-91) 2008-dated 14.2.1991)

 

3.  Powers of Director delegated to Chief Administrator, Faridabad Complex, Faridabad under the Punjab. Scheduled Roads Act, 1963.- In exercise of the power conferred by clause (6) of section 2 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963) the Governor of Haryana hereby appoint the Chief Administrator, Faridabad Complex, to exercise and perform all the powers and functions of Director in respect of Scheduled Roads within his jurisdiction for the purpose of sections 3,8,9,12 and 16 of the said Act. ( No. 3413/21 CP-78/11062 dated 11.9.78)

 

4.  Powers and functions of Director.- In exercise of the powers conferred by clause (f) of section 2 of the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975) and all other powers enabling him in this behalf, the Governor of Haryana hereby appoints the Director, Urban Development, Haryana, as the Director, Town and Country Planning, Haryana, to exercise and perform all the powers and functions of the Director under sections 3,4,5,6,7,7A,8,9,10,11,11A, 13,17 and 21 of the said Act within the existing Municipal limits of the State of Haryana (No. 5DP-2001/7615 dated 4-6-2001)

 

[1] See Punjab Govt. Gaz. (Extra) 1963 at page 1018

[2] Substituted for the word “Punjab” by Haryana Adaptation of Laws Order, 1968

[3] Substituted by Haryana Act No. 8 of 2001 published on dated 7.6.2001

[4] Substituted by Haryana Act No. 7 of 2004 published on dated 11.3.2004

[5] Added by Haryana Act No. 7 of 2004 published on dated 11.3.2004

[6] Substituted by Haryana Act No. 7 of 2004 published on dated 11.3.2004

[7] Inserted by Haryana Act No. 13 of 2009 dated 19.3.2009

[8] Substituted by Haryana Act No. 16 of 1996 dated 13.12.1996

[9] Added by Haryana Act No. 16 of 1996 dated 13.12.1996

[10] Substituted by Haryana Act No. 6 of 2007 published on dated 3.4.2007

[11] Substituted for the words “three months” by Haryana Act No. 15 of 2010 published on dated 29.9.2010

[12] Added by Haryana Act No. 13 of 2009 dated 19.3.2009 L.S. Pt. I dated 24.3.2009

[13] Substituted for the words “except with permission of the Director” inserted by Haryana Act No. 16 of 1996 dated 13.12.1996

[14] Added by Haryana Act No. 7 of 2004 published on dated 11.3.2004

[15] Inserted by Haryana Act No. 16 of 1996 dated 13.12.1996

[16] Added by Haryana Act No. 17 of 2004 published on dated 20.7.2004

[17] Added by Haryana Act No. 4 of 2010 published on dated 5.4.2010

[18] Substituted by Haryana Act No. 16 of 1996 dated 13.12.1996

[19] Inserted by Haryana Act No. 8 of 2001 published on dated 7.6.2001

[20] Inserted by Haryana Act No. 7 of 1989

[21] Substituted for “ten thousand rupees” by Haryana Act No. 11 of 1999 dated 12.3.1999 at page 37

[22] Substituted for “five hundred rupees” by Haryana Act No. 11 of 1999 dated 12.3.1999 at page 37

[23] Sub-sections (2) and (3) substituted by Haryana Act No. 11 of 1999 dated 12.3.1999

[24] Inserted by Haryana Act No. 7 of 1989

[25] Section 12-C inserted by Haryana Act No. 11 of 1999 dated 12.3.1999 at page 37

[26] Substituted for the words “a Chairman in the rank of not less than Financial Commissioner (serving or retired)” by Haryana Act No. 23 of 1999

[27] Substituted for the word “Magistrate” by Punjab Act No. 25 of 1964

[28] Omitted by Haryana Act No. 28 of 2012 dated 30.10.2013 for [(aa) the area adjacent to the abadi deh of any 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 percent of the existing village abadi deh;] Earlier Sub-section (aa) inserted by Haryana Act No. 25 of 2003 dated 13.10.2003

[29] Omitted by Haryana Adaptation of Laws Order, 1968

[30] Substituted by Haryana Act No. 28 of 2012 published on dated 30.10.2012

[31] Inserted by Haryana Act No. 7 of 2004 published on dated 11.3.2004

[32] Substituted by Haryana Act No. 8 of 2001 published on dated 7.6.2001

[33] Omitted by Haryana Adaptation of Laws Order, 1968

[34] Omitted by Haryana Adaptation of Laws Order, 1968

[35] Item Nos. 20 to 28 added by Notification Pb. Govt. Gaz. Pt.-I dated 27.3.1964

[36] Added by Notification Haryana Govt. Gaz. L.S. Pt-III dated 3.6.1969

[37] Item Nos. 30 to 53 added by Haryana Govt. Notification dated 31.12.1971

[38] Item 30 substituted by Notification Haryana. Govt. Gaz. (Extra) dated 6.5.1988

[39] Added by Notification dated 28.1.1981 published in Haryana Govt. Gaz. Dated 17.2.1981

[40] Item Nos. 55 to 94 added by Notification published in Haryana Govt. Gaz. (Extra) dated 31.12.1990

[41] Added by Notification published in Haryana Govt. Gaz. Part I dated 1.9.1992

[42] Added by Haryana Govt. Gaz. (Extra) Notification No. M-6/JE(SS)2010/5911 dated 7.5.2010 at page 1768

[43] Rule 3A inserted by Haryana Govt. Gaz. Notification No. C-620(B).STP(EV)/2012/428 dated 21.3.2012 at page 912

[44] Substitute for the words “make any representation it may like” by Haryana Govt. az. (Extra) Notification No. 19996 dated 22.12.1997 at page 2825

[45] Rule 16A. inserted by GSR 89/PA-41/63/S.125/Amd(1)/66 dated 21.4.1966

[46] Substituted for “five paisa” by Haryana Govt. Gaz. (Extra) Notification No. 19996 dated 22.12.1997 at page 2825

[47] Substituted by Haryana Govt. Gaz. (Extra) Notification No. GSR/119PA-41/63/S.25/70 dated 12.11.1970

[48] Omitted by Haryana Govt. Notification No. GSR 89/PA-41/63/S.125/Amd(1)/66 dated 21.4.1966

[49] Added by Haryana Govt. Gaz. (Extra.) Notification No. GSR/119PA-41/63/S.25/70 dated 12.11.1970

[50] Substituted by Haryana Govt. Notification No. GSR 89/PA-41/63/S.125/Amd(1)/66 dated 21.4.1966

[51] Part IV-A added by Notification GSR 65/PA-41/63/S-25 Amend. (1) 68 dated 31.7.1968

[52] Substituted by Haryana Govt. Gaz. Notification No. 10DP-99/14217 dated 1.10.1999 at page 2217

[53] Added by Haryana Govt. Notification No. GSR 65/PA-41/63/S.25/69 dated 24.4.1969

[54] Substituted by Haryana Govt. Gaz. (Extra.) dated 25.3.1997 published on 26.3.1997

[55] Added by Notification No. GSR/59PA-41/63/S.25/70 dated 17.4.1970

[56] Inserted by Haryana Govt. Gaz. Notification No. 10DP-99/14217 dated 1.10.1999 at page 2217

[57] Substituted by Haryana govt. Gaz. Notification No. M-6/JE(S)/2012/17932 dated 11.9.2012 at page 3208

[58] Substituted by Haryana Govt. Gaz. Part I dated 23.3.1982 at page 749

[59] Substituted by Haryana Govt. Gaz. (Extra.) dated 9.10.1996

[60] Substituted for the word “architect” by Haryana Govt. Gaz. (Extra.) dated 11.4.2007 at page 1619

[61] Substituted by Haryana Govt. Gaz. (Extra.) dated 11.4.2007 at page 1619

[62] Inserted by Haryana Govt. Gaz. (Extra.) Notification dated 20.1.2009 at page 134

[63] Inserted by Haryana Govt. Gaz. (Extra) dated 6.2.2008 at page 420

[64] Inserted by Haryana Govt. Gaz. (Extra.) dated 11.4.2007 at page 1619

[65] Inserted by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[66] Substituted by Haryana Govt. Gaz. (Extra.) Notification dated 11.4.2007 at page 1619

[67] Substituted for the words “Sections 8 and 25(2)(c)” by Haryana Govt. Gaz. Notification No. C-620(B)/STP(E&V)/2012/428 dated  21.3.2012 at page 912

[68] Substituted by Haryana Govt. Gaz. (Extra) Notification No. JE(B)-2010/Misc-288-A/3319 dated 16.3.2010

[69] Inserted by Haryana Govt. Gaz. (Extra) Notification No. JE(B)-2010/Misc-288-A/3319 dated 16.3.2010

[70] Substituted by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[71] Substituted for the words “one inch to every four feet” by Haryana Govt. az. (Extra) Notification dated 11.4.2007 at page 1619

[72] Added by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[73] Proviso added by Haryana Govt. Gaz. (Extra) Notification dated 23.3.1994

[74] Substituted by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[75] Inserted by Haryana Govt. Gaz. (Extra) Notification No. JE(B)-2010/Misc-288-A/3319 dated 16.3.2010

[76] Substituted by Haryana Govt. Gaz. Notification dated 13.5.1977

[77] Substituted for the words “12 Metres” by Haryana Govt. Gaz. (Extra) Notification dated 30.1.2013

[78] Inserted by Haryana Govt. Gaz. (Extra.) dated 6.2.2008 at page 420

[79] Substituted by Haryana Govt. Gaz. (Extra) Notification dated 20.1.2009 at page 134

[80] Substituted by Haryana Govt. Gaz. (Extra) Final Notification No. Misc-1A/JE(VA)/2016/4446 dated 03.03.2016

[81] Substituted by Haryana Govt. Gaz. (Extra) Final Notification No. Misc-1A/JE(VA)/2016/4446 dated 03.03.2016

[82] Substituted by Notification Haryana Govt. Gaz. (Extra) dated 14.12.1990

[83] Substituted by Haryana Govt. Gaz. (Extra) Notification dated 27.3.2001

[84] The words “ or 30 square feet whichever is greater” omitted by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[85] Added by Haryana Govt. Gaz. (Extra.) Notification dated 11.4.2007 at page 1619

[86] Added by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[87] Added by Notification Haryana Govt. Gaz. (Extra) dated 27.3.2001

[88] Substituted by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[89] Substituted by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[90] Para omitted by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[91] Substituted by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[92] Substituted by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[93] Substituted by Haryana Govt. Gaz. (Extra) Notification No. 19996 dated 22.12.1997 at page 2825

[94] Added by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[95] Substituted for the figure “13-1/2” by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[96] Substituted by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[97] Substitute for the words “dead and live loads as prescribed in rule 64 above and prevailing wind pressure” by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[98] Sub-rule (2) omitted by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[99] Substituted by Haryana Govt. Gaz. (Extra) Notification No. 19996 dated 22.12.1997 at page 2825

[100] Substituted by Haryana Govt. Gaz. (Extra.) Notification No. 19996 dated 22.12.1997 at page 2825

[101] Inserted by Haryana Govt. Gaz. (Extra.) Notification dated 11.4.2007 at page 1619

[102] Substituted by Haryana Govt. Gaz. (Extra) Notification No. 19996 dated 22.12.1997 at page 2825

[103] Rules 130 and 131 added by Haryana Govt. Gaz. (Extra) Notification dated 26.8.2002 at page 1706-08

[104] Form SR-III inserted by Haryana Govt. Gaz. No. C-620(B)/STP (E&V)/2012/428 dated 21.3.2012 at page 912

[105] Substituted by Haryana Gaz. (Extra) Notification No. 19996 dated 9.10.1996

[106] Substituted by Notification dated 15.3.1982 See Haryana Govt. Gaz. (Extra) dated 23.3.1983

[107] Form BR-I substituted by Haryana govt. Gaz. (Extra) Notification dated 11.4.2007  at page 1619

[108] Added by Haryana Govt. Gaz. (Extra) Notification No. JE(B)-2010/Misc-288-A/3319 dated 16.3.2010

[109] Form BR-I substituted by Haryana govt. Gaz. (Extra) Notification dated 11.4.2007  at page 1619

[110] Forms BR-IV(A), BR-IV(B), BR-V-(1), BR-V-(2), BR-V(A1) and BR-V(A2) substituted by Haryana Govt. Gaz. (Extra) Notification dated 11.4.2007 at page 1619

[111] Substituted for the words “3 storeys or less than 11 metre” by Haryana Govt. Gaz. (Extra) Notification dated 30.1.2013

[112] Substituted for the words “3 storeys or less than 11 meter” by Haryana Govt. Gaz. (Extra) Notification dated 30.1.2013

[113] Substituted for the words “3 storeys or less than 11 meter” by Haryana Govt. Gaz. (Extra) Notification dated 30.1.2013

[114] Substituted for the words “3 storeys or less than 11 meter” by Haryana Govt. Gaz. (Extra) Notification dated 30.1.2013

[115] Substituted for the words “3 storeys or less than 11 meter” by Haryana Govt. Gaz. (Extra) Notification dated 30.1.2013

[116] Schedule IV substituted by Haryana Govt. Final Notification No. Misc-1A/JE(VA)/2015/14650 dated 10.8.2015

[117] Added by Haryana Govt. Final Notification No. Misc-1A/JE(VA)/2016/4446 dated 03.03.2016

[118] Added by Haryana Govt. Draft Notification No. Misc-1A/JE(VA)/2016/23861 dated 28.10.2016

[119] Added by Haryana Govt. Gaz. Notification No. PA-2008/2977 dated 6.2.2008 at page 420

[120] Herein mention the use to which put

[121] Herein mention the condition violated

[122] Form N-I and N-II added by Haryana Govt. Gaz. Notification No. PA-2008/2977 dated 6.2.2008 at page 420

[123] Form BRS-I, BRS-II, BRS-III, BRS-IV, BRS-V added by Haryana Govt. Gaz. (Extra) Notification No. JE(B)-2010/Misc-288-A/3319 dated 16.3.2010