Chapter XVII Chapter XVII

Where, in the opinion of the State Government, it is necessary that the amenities provided by the Authority in an area should be extended to any land or building situated within the area or within such distance from that area as it may deem expedient, such shall be extended to such land or building and the owner of such land or building shall be liable to pay to the Authority, in the manner prescribed, such development charge therefor as may be fixed by the State Government having regard to the expenses to be incurred for providing such amenities and the benefits to be extended to the land or building.

Every member, officer and other employee of the Authority, the Competent Authority, Appellate Authority, Arbitrator and the Tribunal of Appeal shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860.

No court inferior to that of a Judicial Magistrate of the first class shall try an offence punishable under this Act.

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Authority or the Competent Authority, as the case may be, or any officer authorised by these Authorities.

(1) All notices, all orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served,- (a) where the person to be served is a company, if the document is addressed to the Secretary of the said company, at its registered office or at its principal office or place of business and is either - (i) sent by registered post; or (ii) delivered at the registered office or at the principal office or place of business of the said company; (b) where the person to be served is a partnership firm, if the document is addressed to the said partnership firm, at its principal place of business, identifying it by the name or style under which its business is carried on and is either - (i) sent by registered post; or (ii) delivered at the said place of business; (c) where the document is to be served on a Government Department, Railway, local authority, statutory company, corporation, society or any other body, if the document is addressed to the Head of the Government Department, General Manager of the Railway, Secretary or Principal Officer of the local authority, statutory company, corporation, society, or, body, at its principal branch, local or registered office, as the case may be, and is either- (i) sent by registered post; or

Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for doing after which no time is fixed in this Act or the rule or regulation, the notice, order or other document shall specify a reasonable time for doing the same.

All permissions, orders, decisions, notices and other documents of the Authority and the Competent Authority shall be authenticated under the signatures of an officer authorised by the Authority or the Competent Authority in this behalf.

Nothing in the Registration Act, 1908 shall be deemed to require the registration of any document, plan or map prepared, made or sanctioned in connection with a Master Plan or a town development scheme under this Act and all such documents, plans and maps shall, for the purposes of sections 48 and 49 of the Act, be deemed to have been registered in accordance with the provisions of that Act : Provided that copies of documents, plans and maps relating to a sanctioned scheme shall be sent to the sub-register's office concerned where such copies shall be kept and made accessible to the public in the manner prescribed.

Notwithstanding anything contained in the Indian Evidence Act, 1872, a copy of any receipt, application, plan, notice, entry in register, or other document, in the possession of the Authority, if duly certified by the legal keeper thereof or other person authorised by the Authority in this behalf, shall be received as prima facie evidence of the existence of such receipt, application, plan, notice, order, entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case, where and to the same extent as, the original document would, if produced have been admissible to prove such matters.

No member, officer or other employee of the Authority shall, in any legal proceedings to which the Authority is not a party, be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, unless by order of the court made for special cause.

No suit, prosecution or other legal proceedings shall lie against the State Government, the Authority or the Competent Authority or any of its officers or persons duly appointed or authorised in respect of anything which is in good faith done or intended to be done or purporting to be done under this Act or any rule or regulation made thereunder.

It shall be the duty of every police officer,- (i) to communicate without delay to the proper officer or the employee of the Authority 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; and (ii) to assist the member or any officer or other employee of the Authority in the lawful exercise of any power vested in such member, officer or other employee under this Act or any rule or regulation made thereunder.

(1) A police officer, not below the rank of a Sub-Inspector, shall arrest any person who commits, in his view, any offence against this Act or any rule or any regulation 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 give 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 Judicial Magistrate authorised to try the offence for which the arrest has been made and no person so arrested shall be detained in custody for a period exceeding twenty four hours without any order from the Judicial Magistrate.

(1) Save as otherwise expressly provided in this Act, every order passed or direction issued by the State Government or order passed or notice issued by the Authority or the Competent Authority or their officers under this Act shall be final and shall not be questioned in any suit or other legal proceedings. (2) No civil Court shall have jurisdiction to entertain any suit or proceedings in respect of any matter the cognizance of which can be taken and disposed of by any authority empowered by this Act or the rules or regulations made thereunder.

(1) The Authority may, by a resolution, authorise that any power exercisable by it under this Act or the rules or regulations made thereunder, except the power to make regulations, may also be exercised by such officers of the Authority or the State Government or a local authority, as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein. (2) The State Government may, by notification, direct that any power exercisable by it under this Act except the power to make rules, may also be exercised as may be mentioned therein by such officers in such cases and subject to such conditions, if any, as may be specified therein. (3) The Competent Authority may, by order, direct that any power exercisable by it under this Act may also be exercised by such officer as may be mentioned therein in such cases and subject to such conditions, if any, as may be specified therein. (4) The State Government may, by notification, direct that any power exercisable by the Chief Administrator under this Act may be exercised by such other officer of the Authority as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.

(1) If, in the opinion of the State Government, the Authority is not competent to exercise or perform or neglects or fails to exercise or perform any power conferred or duty imposed upon it by or under any of the provisions of this Act, the State Government or any person appointed in this behalf by the State Government may exercise such power or perform such duty. (2) Any expenses incurred by the State Government or by the person appointed under sub-section (1) in exercising such power or performing such duty shall be paid out of the fund of the Authority, and if the Authority fails to pay the expenses, then the State Government may make an order directing any person who, for the time being, has custody of such fund to pay such expenses from such fund, and such person shall be bound to obey such order.

(1) If any difficulty arises in giving effect to the provisions of this Act, or by reason of anything contained in this Act, or, in any other enactment for the time being in force, the State Government may, as occasion arises, by order direct that this Act, shall during such period as may be specified in the order but not extending beyond the expiry of two years from the date of commencement of this Act, have effect subject to such adoption whether by way of modification, addition or omission as it may deem to be necessary and expedient. (2) Every order made under sub-section (1) shall, as soon as may be, after it is made, be laid before the State Legislature.

(1) Nothing in this Act shall apply to the operational constructions. (2) Where the State Government is of the opinion that operation of any of the provisions of this Act causes any undue hardship or circumstances exist which render it expedient so to do, it may, subject to such terms and conditions as it may impose, by general or special order, exempt class of persons or areas, from all or any of the provisions of this Act.

(1) Save as otherwise provided in this Act, the provisions of this Act, the rules and regulations made thereunder, shall have effect notwithstanding anything inconsistent therewith contained in other law for the time being in force. (2) Notwithstanding anything contained in any law - (a) when permission for development in respect of any land has been obtained under this Act, such development shall not be deemed to be not validly undertaken or carried out by reason only of the fact that the permission, approval or sanction required under such other law for such development has not been obtained; (b) when permission for the development has not been obtained under this Act, such development shall not be deemed to be validly undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development had been obtained.

(1) The State Government may, by notification, make rules for carrying out the purposes 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 remuneration and allowances to be paid to the members under sub- section (4) of section 4; (b) the manner and purposes for associating persons under sub-section (1) of section 15; (c) the manner of appointment of committees under section 16; (d) the functions of the Authority under clause (iv) of sub-section (2) of section 28; (e) the qualifications and experience for persons to be appointed as the Chief Administrators under section 17, section 29 and section 31; (f) the term of office and conditions of service of members of the Authority under sub-section (1) of section 18; (g) the salary and allowances, if any, to be paid to the Chief Administrator under sub-section (2) of section 18; (h) the allowances to be paid to the members of the Authority, other than the Chief Administrator, under sub-section (3) of section 18; (i) the conditions regarding completion of buildings and extension of period and fees to be paid under sub-section (2) of section 43; (j) the form and manner in which an appeal may be filed under sub- section (5) of section 45; (k) the manner of serving notice under sub-section (1) of section 46; (l) the manner in which the damages may be assessed and notice to be served under section 47; (m) the form of the budget of the Authority and the manner of preparing the same under section 52; (n) the form of balance sheet and statement of accounts under sub- section (1) and the manner of publishing the audit report under sub-section (3) of section 53; (o) the form of annual report and the date on or before which it shall be submitted to the State Government under Section 54; (p) the manner and constitution of the pension and provident fund for whole- time paid members and officers and other employees of the Authority and the conditions subject to which such fund may be constituted under section 55; (q) the matters to be taken into consideration while making declaration under sub-section (2) of section 56; (r) the functions to be prescribed under sub-section (3) of section 58; (s) the regulation of the form of the Regional Plan and the manner of its preparation and publication under section 62; (t) the form and manner of notice under sub-section (1) of section 63 and under sub-section (1) of section 64; (u) the form of application under sub-section (1) of section 67; (v) the fees to be paid under sub-section (2) of section 67; (w) the manner for communicating the grounds of refusal under sub- section (5) of section 67; (x) the form of Register of applications under sub-section (6) of section 67; (y) the manner for dealing applications and fees to be paid under sub-section (7) of section 67; (z) the manner of filing appeals and fee payable for such appeals under sub- section (1) of section 68; (za) the manner of regulating the form and the contents of the Master Plan and the time to be prescribed under section 70; (zf) the form of application and payment of fees under sub-section (1) and sub-section (3) of section 81; (zg) the documents and plans to be submitted under clause (a) of sub-section (2) of section 81; (zh) the mode of communication of order under sub-section (6) of section 81; (zi) the manner of filing appeals and payment of fee under sub- section (1) of section 82; (zj) the time and manner in which acquisition notice under sub- section (1) of section 84 is to be served; (zk) the time within which and the manner in which compensation is to be claimed under sub-section (2) and the time within which notice is to be given under sub-section (4) of section 85; (zl) the time and the manner for applying under sub-section (3) of section 87; (zm) the manner of serving acquisition notice under clause (a) of sub-section (5) of section 89; (zn) the manner of publication of notice under sub-section (1) and the time within which local authority is to give consent under sub-section (2) of section 93; (zo) the qualifications for appointment as Arbitrator under sub- section (1) and form of final scheme under clause (xxi) of sub-section (3) of section 102; (zp) the manner of serving notice under sub-section (1) of section 114; (zq) the procedure for eviction under sub-section (1) of section 116; (zr) the particulars to be given in the notice under sub-section (1) of section 117; (zs) the manner of publication of notice under sub-section (2) of section 118; (zt) the particulars of draft variations under sub-section (3) of section 118; (zu) the period to make payment under sub-section (2) of section 131; (zv) the procedure to be followed by the Tribunal of Appeal under sub-section (4) of section 135; (zw) the manner of recovery of cost under sub-section (2) of section 137; (zx) the rates of interest under section (2) of section 140 and sub- section (4) of section 141; (zy) the form and the manner of furnishing security under sub-section (4) of section 142; (zz) the authority and the manner of enforcing order under sub- section (5) of section 142; (zza) the manner and form of application under sub-section (1) of section 144; (zzb) the register to be maintained and the fee to be prescribed under sub- section (4) of section 144; (zzc) the manner of consultations under sub-section (1) of section 151; (zzd) the integration and fixation of inter se seniority of the employees transferred to the Authority under section 154; (zze) the manner of fixing development charge under section 161; (zzf) the manner of keeping copies of documents, plans and maps under section 168; and (zzg) any other matter which has to be or may be prescribed. (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 rules 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 modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The Board may make regulations, consistent with this Act and the rules made thereunder, to carry out the purposes of this Act, and, without prejudice to the generality of this power, the Board may make regulations, - (a) for regulating its procedure and the conduct of the business under section 11; (b) providing for the functions which the Member Secretary of the Board may discharge under section 12; (c) the functions to be assigned by the Board to the Member-Secretary under section 12; (dd) for the matters relating to heritage site; (f) providing for any other matter which has to be or may be specified by regulations.

(1) The Authority may make regulations, consistent with this Act and the rules made thereunder, to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of this power, such regulations may provide for, (a) the summoning or holding of the meetings of the Authority, the time and place where such meetings are to be held and the conduct of business at such meetings under sub-section (1) of section 21; (b) the functions to be assigned to the Chief Administrator by the Authority under section 22; (c) the appointment of committees under section 23; (d) the salaries, allowances and conditions of service of officers and other employees of the Authority under sub-section (2) of section 26; (e) the powers and duties of the officers and other employees of the Authority under sub-section (3) of section 26; (f) any other matter which has to be, or may be, determined by regulations.

(1) The following Acts are hereby repealed, namely :- (i) the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963); and (ii) the Punjab Urban Estates (Development and Regulation) Act, 1964 (Punjab Act 22 of 1964). (2) The Punjab Housing Development Board Act, 1972 (Punjab Act 6 of 1973) shall stand repealed on and with effect from the date on which the Punjab Housing Development Board is abolished under section 148 of this Act. (3) Subject to the provisions of the sub-section (2) of Section 143, the repealing of the Act under sub-sections (1) and (2) shall not affect :- (i) the previous operations of the Acts so repealed or anything thereunder duly done or suffered; (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 Acts 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, and any such penalty, forfeiture and punishment may be imposed as if the aforesaid Acts had not been repealed. (4) Notwithstanding such repeal, anything done or any action taken under the Acts 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.