Chapter IV Chapter IV

(1) Every promoter to whom a licence has been granted under section 5 to develop a colony or who stands exempted or to whom exemption is granted under section 44, shall deposit service charges at the rate of rupees three per square meter of the plotted area proposed to be developed by him as residential, commercial or industrial (excluding the area used by the public for general purpose) into a colony in lump sum, prior to grant of licence and the promoter shall in turn be entitled to pass on the service charges so paid by him to the allottees. (2) The amount of service charges levied under sub-section (1) if not paid within the stipulated period, shall be recoverable as arrears of land revenue. (3) The amount of service charges deposited by the promoter under sub-section (1) or recovered under sub-section (2) shall constitute a fund to be called "the Punjab Urban Development Fund" (hereinafter referred to as the Fund) and shall vest in such Authority as the State Government may notify in this behalf and shall be administered by that Authority. (4) The Fund shall be utilized by the Authority notified under sub-section (3) for the benefit of the allottees, for development of the colonies to promote research and development, training and capacity building and up-gradation of infrastructure or apparatus in town and country planning and urban affairs, and for such other similar purposes, as may be prescribed. (5) The State Government shall publish annually in the Official Gazette the report of the activities financed from the Fund and the statement of accounts.

(1) The State Government may, by notification in the Official Gazette, appoint an officer or an authority as appellate authority, (hereinafter referred to as appellate authority) with the power to decide appeals against the orders of the competent authority : Provided that the State Government may appoint as appellate authority more than one officer or authority and distribute the work among them in the manner it may deem fit; (2) Any person aggrieved by any order of the competent authority under this Act, may, within a period of thirty days of the communication of the order to him, prefer an appeal to the appellate authority in such form and manner as may be prescribed. (3) The appellate authority may, after giving an opportunity of being heard to the parties and to the competent authority, pass such order as deemed fit, either confirming, modifying or setting aside the order of the competent authority, and record its reasons in writing, and the order of the appellate authority so passed shall be final, unless revised by the State Government under section 34. (4) In discharging its functions, the appellate authority shall have all the powers under the Code of Civil Procedure, 1908 (Central Act V of 1908) of a Civil Court while deciding an appeal.

The State Government, either suo moto, or, on an application from any party aggrieved by any order within sixty days of the date of the communication to him of such order, may call for and examine the record of any proceedings disposed of by the competent authority, or the appellate authority, as the case may be, for the purpose of satisfying itself as to the correctness, legality or propriety of any proceedings and of any order passed therein, and may pass such order in relation thereto as it may deed fit : Provided that no order adverse to any person shall be passed without giving him an opportunity to show cause against such proposed order : Provided further that no revision application will be entertained when an appeal has been or could have been filed against the order.

No civil court shall have any jurisdiction to entertain or decide any question relating to matters arising under this Act or the rules made thereunder and every order passed by the competent authority subject to appeal, or, revision, every order passed by the appellate authority subject to revision, and every order passed by the State Government in revision, shall be final and shall not be questioned in any court of law.

(1) If the person committing an offence under this Act is a company, the company as well as every person who at the time the offence was committed was in charge of, or, was responsible to the company for the conduct of business by the company, 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 such punishment provided in this Act, if he proves that the offence was committed without his knowledge, or that he 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 with the consent or connivance of or is attributable to any negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly. Explanation. - For the purpose of this section,- (a) "company" means a body corporate and includes a development authority or public authority, a firm or other association of persons; and (b) "director" in relation to firm means a partner in the firm, and in relation to a development authority or public authority means a person who takes decisions on matters of policy in its affairs.

(1) No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the competent authority or any person authorised in this behalf by the competent authority. (2) The competent authority may, either before or after the institution of the proceedings for prosecution, compound any offence punishable by or under this Act subject to such conditions and restrictions as may be prescribed. (3) Where an offence has been compounded, the offender, if in custody, shall be released and no further proceedings shall be taken against him in respect of the offence compounded: Provided that imposition of penalty, conviction and fine shall not be deemed to regularize the unauthorized constructions, buildings or colony: Provided further that without prejudice to the provisions of sections 36, 37 and sub-section (1) of this section, the competent authority after giving a notice of thirty days and affording a reasonable opportunity of being heard to the persons concerned, order to demolish or remove or stop construction or development of such unauthorized construction, building or colony and restore to its original state or to bring into conformity with the conditions, which have been violated and if such person fails to do so within a period of six weeks from the order, may himself take such measures, as may appear to him necessary to give effect to the order and the cost of such measure shall be recoverable from such person, as arrears of land revenue.

(1) Without prejudice to the provisions of this Act, the competent authority may, by notice, call upon any person who has committed a breach of the provisions of section 5 or 20 to show cause why the structure should not be demolished and if such person fails to show cause to the satisfaction of the competent authority within a period of fifteen days, the competent authority may pass an order requiring him to demolish the structure within sixty days from the date of the order. (2) If the order made under sub-section (1) is not complied with, within the period specified therein the competent authority may itself take such measures as it may deem fit to give effect to the order and the cost of such measures shall, if not paid on demand being made to it, be recoverable from such person as arrears of land revenue.

(1) No suit, prosecution or other legal proceedings shall lie against any officer or employee of the State Government or of the competent authority 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.

The State Government may, by notification, delegate all or any of its powers under this Act, except the power to make rules, to any officer subordinate to it subject to such restrictions and conditions as may be specified in such notification.

(1) This Act shall apply to apartments already in existence and agreements of sale of apartments or other properties made before the commencement of this Act. (2) As respects apartments which on the commencement of this Act have already been constructed or converted, the provisions of sections 12, 13 and 15 shall apply with the following modifications, that is to say,- (a) in section 12, if the date specified or agreed to has already passed at the commencement of this Act then the promoter shall give possession within three months from such commencement, and thereafter the promoter shall be liable on demand to refund the amounts on the terms and conditions provided in the said section; (b) in section 13, in sub-section (1), the words and figure "after the agreement referred to in section 6 is registered" shall be read as if the words "after the commencement of this Act" had been substituted; and (c) in section 15, the words "within three months from the date of giving possession" shall be read as if the words "within three months from the commencement of this Act" had been substituted.

(1) The provisions of this Act shall take effect, notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract. (2) The provisions of the Transfer of Property Act, 1882 (Central Act No. IV of 1882) shall, in so far as they are not inconsistent with the provisions of this Act, apply to every apartment together with the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, as they apply in relation to any immovable property.

(1) Subject to the provisions of section 32, nothing in this Act shall apply if the promoter is,- (a) a local authority or statutory body constituted for the development of land or housing; or (b) a company or a body created for development of land or housing or promotion of industry wholly owned and controlled by the State Government or the Central Government. (2) If the State Government is of the opinion that, the operation of any of the provisions of this Act, causes undue hardship, or circumstances exist which render it expedient to do so, it may exempt, by a general or special order, any class of persons or areas from all or any of the provisions of this Act, subject to such terms and conditions as it may impose..

(1) The State Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying into effect the provisions of this Act. (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 particulars as respects the design and the materials to be used in the construction of the building and the other information and documents to be disclosed, the manner in which disclosure is to be made and the documents of which true copies shall be given by the promoter under clauses (f), (m) and (n) of sub-section (2) of section 3; (b) the other matters to be disclosed in an advertisement or prospectus under sub-section (2) of section 4; (c) the form of the application, the information to be attached with the application and the fee to be paid for the grant of permission under sub- section (1) of section 5; (d) the authority to be prescribed for giving opinion to the competent authority under sub-section (2) of section 5; (e) the form of licence to be issued and the agreement to be entered into under sub-section (3) of section 5; (f) the fee to be paid for renewal of licence under sub-section (4) of section 5; (g) the criteria of the economically weaker sections of society and the manner of reserving residential apartments or plots for weaker sections of society and the conditions subject to which the reservation is to be made under sub-section (2) of section 3 and under sub-section (9) of section 5; (h) the manner of recovering charges under sub-section (13) of section 5; (i) the form for the agreement of sale and the particulars to be contained in and the documents or copies thereof to be attached to such agreement under sub-section (1) of section 6; (j) the rate of interest under sub-section (2) of section 6; (k) the fee to be paid under sub-section (2) of section 11; (l) the particulars to be included in respect of conveyance deed of apartment under section 15; (m) the form of application under sub-section (1) of section 16; (n) the matters to be prescribed under section 20; (o) the form in which an application for registration of promoters and estate agents should be made and the fee for such application form for maintenance of registers and the form of registration certificate under sub- section (2) of section 21; (p) the qualifications for a promoter and for an estate agent and the amount and manner of security to be furnished under section 22; (q) the fee for renewal of registration under section 23; (r) the form and manner of maintaining accounts, registers and records by a promoter or estate agent under sub-section (1) and maintenance of register by the competent authority under sub-section (2) of section 28; (s) the manner in which the accounts should be audited and certified by a chartered accountant under section 29; (t) the periodical returns which a promoter or estate agent has to submit to the competent authority under section 30; (u) the purposes to be prescribed under sub-section (4) of section 32; (v) form and manner in which an appeal should be preferred to the appellate authority under sub-section (2) of section 33; and (w) any other matter which has to be or may be prescribed by rules. (3) Every rule made under this section shall be laid as soon as may be, after it is made, before the House of the State Legislature, while it is in session for a total period of fourteen days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule, or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modifications or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. (g) which the reservation is to be made under sub-section (2) of section 3 and under sub-section (9) of section 5; (h) the manner of recovering charges under sub-section (13) of section 5; (i) the form for the agreement of sale and the particulars to be contained in and the documents or copies thereof to be attached to such agreement under sub-section (1) of section 6; (j) the rate of interest under sub-section (2) of section 6; (k) the fee to be paid under sub-section (2) of section 11; (l) the particulars to be included in respect of conveyance deed of apartment under section 15; (m) the form of application under sub-section (1) of section 16; (n) the matters to be prescribed under section 20; (o) the form in which an application for registration of promoters and estate agents should be made and the fee for such application form for maintenance of registers and the form of registration certificate under sub-section (2) of section 21; (p) the qualifications for a promoter and for an estate agent and the amount and manner of security to be furnished under section 22; (q) the fee for renewal of registration under section 23; (r) the form and manner of maintaining accounts, registers and records by a promoter or estate agent under sub-section (1) and maintenance of register by the competent authority under sub-section (2) of section 28; (s) the manner in which the accounts should be audited and certified by a chartered accountant under section 29; (t) the periodical returns which a promoter or estate agent has to submit to the competent authority under section 30; (u) the purposes to be prescribed under sub-section (4) of section 32; (v) form and manner in which an appeal should be preferred to the appellate authority under sub-section (2) of section 33; and (w) any other matter which has to be or may be prescribed by rules. (3) Every rule made under this section shall be laid as soon as may be, after it is made, before the House of the State Legislature, while it is in session for a total period of fourteen days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule, or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modifications or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

(1) The Punjab Regulation of Colonies Act, 1975 (Punjab Act No. 10 of 1975) is hereby repealed. (2) The repealing of the Act under sub-section (1) shall not affect - (i) the previous operation of the Act so repealed or anything duly done or suffered thereunder; (ii) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; (iii) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; (iv) any investigation, legal proceedings, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceedings or remedy may be instituted, continued or enforced or any such penalty, forfeiture and punishment may be imposed as if the aforesaid Act had not been repealed. (3) Notwithstanding such repeal, anything done or any action taken under the Act so repealed including any notification, order, notice issued, application made, or permission granted, which is not inconsistent with the provisions of this Act shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act was in force at the time such thing was done or action was taken and shall continue to be in force, unless and until superseded by anything done or any action taken under this Act