The Amritsar Walled City (Recognition of Usage) Act, 2016

1. (1) This Act may be called the Amritsar Walled City (Recognition of Usage) Act, 2016.
2. (2) It shall be applicable to the walled city.
3. (3) It shall come into force on and with effect from the date of its publication in the Official Gazette.

1. (1) In this Act, unless the context otherwise requires,-
   • (a) "appointed date" means such date, as may be notified by the State Government;
   • (b) "building by-laws" means the Municipal Corporation (Erection and Re-erection of Building) Bye-laws, 1997;
   • (c) "building violation" means construction of a building made in violation of its sanctioned plan or without getting the plan sanctioned from the Competent Authority, whole or part of which is non-compoundable as per clause 3.15 of the building bye-laws made under the Punjab Municipal Corporation Act, 1976;
   • (d) "commercial establishment" means a building, other than an industrial building, used or constructed or adopted to be used wholly or partially for shops, private offices, banks, hotels, restaurants, beauty parlors, boutiques, video parlors, cinemas and auditoriums, or any other such building, being used for similar purpose engaged in trade and commerce, but shall not include nursing homes, hospitals, marriage palaces and multiplexes;
   • (e) "Competent Authority" mean the Commissioner, Municipal Corporation, Amritsar;
   • (f) "prescribed" means prescribed by rules made under this Act;
   • (g) "State Government" means the Government of the State of Punjab in the Department of Local Government;
   • (h) "usage" means the existing use of the commercial establishment as per the municipal record on the appointed date; and
     • (i) "walled city" means the area of Amritsar city bounded by outer circular road within the boundaries of fascile wall and old gates i.e. Hall Gate, Ram Bagh Gate, Mahan Singh Gate, Sheran Wala Gate, Ghee Mandi Gate, Sultanwind Gate, Chatiwind Gate, Gilwali Gate, Bhagtan Wala Gate, Hakiman Gate, Khazana Gate, Lahori Gate, B.K. Dutt Gate, Lohgarh Gate, Hathi Gate and Sikandri Gate as shown in the Schedule appended to this Act.
2. (2) All other expressions used, but not defined, in this Act shall have their respective meanings as assigned to them in the Punjab Municipal Corporation Act, 1976 and the building bye-laws.

1. (1) Within a period of thirty days from the date of coming into force of this Act, any owner of a commercial establishment, within the walled city, may voluntarily disclose about any building violation and apply to the Competent Authority for recognition of its usage as on the appointed date. Such an application shall be submitted as per Form 'A' along with photographs of such establishment, duly signed by its owner.
2. (2) Thereafter, within a period of ninety days, the applicant shall submit the required information in Form 'B' alongwith all the requisite documents/ plans and such application fee, as may be prescribed.

1. (1) The building violations and usages as they exist on the appointed date and disclosed voluntarily shall by settled by the Competent Authority, as a one-time measure, on as-is-where-is basis, subject to adherence to such norms and upon payment of such composition fee, as may be prescribed by the State Government in view of the peculiar situation of the walled city.
2. (2) The applicant shall have to make structural changes in the building if required to bring it in conformity with prescribed norms within a period of ninety days from the date of submission of details in Form 'B' and shall also submit mandatory clearances from other departments/authorities, if required.
3. (3) In case such owner/applicant does not comply with the prescribed norms, then the water supply/sewerage connections to the whole commercial establishment shall be disconnected after giving a notice of thirty days, which shall be followed by sealing.

The Competent Authority shall pass the final order and finalize the matter under this Act within a period of one year after coming into force of this Act.

1. (1) No usage, in case of a building violation, shall be recognized if it involves encroachment on any public or private land.
2. (2) The one-time recognition shall be without prejudice to the disciplinary action, as may be taken against the concerned officer or official of the Municipal Corporation, Amritsar, who is found responsible for aiding or abetting such usage and building violations.

Notwithstanding anything inconsistent contained in the Punjab Municipal Corporation Act, 1976 and the rules, regulations and the building bye-laws made thereunder, the provisions of this Act shall have an over-riding effect.

FORM 'A'. Application form for recognition of building violations and usage [see section 3(1)]

To

The Commissioner, Municipal Corporation, Amritsar.

• • I/We have constructed a commercial/hotel building or carried out alteration/addition to an existing building before___________________without obtaining sanction from the Competent Authority.
• • I/We have obtained sanction vide permit No.____________________more dated ____________________more for the construction or reconstruction or addition or alteration to an existing building and have carried out the construction in deviation to sanctioned plans. The particulars of the said building are as under:-

1. (a) Name of owners of the Building
2. (b) Address of property in question Property No. Block No./Street Ward No./Locality
3. (c) Description of Building Use of building Plot area No. of storeys
4. (d) Date/Year of construction 1. I/We realize that the construction so carried out is in violation of the provisions of the Punjab Municipal Corporation Act, 1976 and/or the Building Bye-laws framed thereunder. 2. I/We hereby request that the said building may be considered for recognition of usage in terms of the provisions of the Amritsar Walled City (Recognition of Usage) Act, 2016. 3. I/We declare that the building does not encroach on any public/private land or on public space by virtue of any Scheme. 4. I/We declare that neither any dispute regarding ownership or construction thereof is pending with any Court, Authority/Department or with any person nor any adverse orders have been passed by any Court or Authority/Department pertaining to or with reference to the land/plot or building therein. 5. I/We also undertake to abide by and comply with all the conditions, which may be imposed while recognizing the usages in the aforesaid building. 6. I/We solemnly affirm and declare that the above information is true/correct to the best of my/our knowledge/belief. 7. The photographs showing the elevation of the building from all sides are enclosed. Yours faithfully, (Signature/Thumb impression of applicant with date of submission and address) FORM 'B'. Application form for recognition of building violations and usage [see section 3(2)] To The Commissioner, Municipal Corporation, Amritsar. Sir, In continuation of my Application for recognition of building violations and usage in Form A, submitted vide number____________________dated__________, I hereby submit the following details/documents/Plans as required under sub-section

1. (2) of section 3 of The Amritsar Walled City (Recognition of Usage) Act, 2016.
   • (a) Name of owners of the commercial establishment
   • (b) Address of property in question Property No. Block No./Street Ward No./Locality
   • (c) Description of the commercial establishment
   • (a) Plot area
   • (b) Number of storeys
   • (c) Floor wise area | Use | Total Area | Non-compoundable area
     • (i) Basement | | |
     • (ii) Ground Floor | | |
     • (iii) First Floor | | |
     • (iv) Second Floor | | |
     • (v) Third Floor | | |
     • (vi) Fourth floor | | | | | | Total Area | | | | Permissible/Required | As per site | Non compoundable
   • (d) FAR | | |
   • (e) Height | | |
   • (f) Setbacks | | | Front | | | Side-I | | | Side-II | | | Rear | | |
   • (g) Parking | | | 2. Checklist of enclosures to be furnished by the owner:-
   • (a) Copy of ownership document;
   • (b) Copy of approved building plan, if any;
   • (c) Structural Safety Certificate given by the Structural Engineer;
   • (d) Fire Safety Certificate, if applicable;
   • (e) Four copies each of the Location Plan, Site Plan, Floor plans, Elevations and Sections of the commercial establishment, Service Plans and specifications as provided in the building byelaws, duly signed and certified in the prescribed format, by the owner and Architect/building designer. (Note:- In the drawings/Plans the non-compoundable violations shall be outlined in red colour and All the drawings/Plans shall be duly signed and certified by the Owner and the Architect/Building designer that the constructions have been raised on or before the appointed date and all the details/measurements are as per construction existing at site.) Yours faithfully, (Signature/Thumb impression of applicant with date of submission)

[See section 2(1)(i)] [Map of AMRITSAR WALLED CITY] Text labels on map: AMRITSAR WALLED CITY SCALE: ONE INCH 250 FT [Various gate names: KHAZANA GATE, LAHORI GATE, LOHGARH GATE, HATHIGATE, SIKANDRI GATE, HALLGATE, RAM BAGH GATE, MAHAN SINGH GATE, SHERAN WALA GATE, GHEE MANDI GATE, SULTANWIND GATE, GILLWALI GATE, HAKIMAN GATE, BHAGTAN WALA GATE]