The Capital of Punjab (Development and Regulation) Act, 1952

(1) This Act may be called the Capital of Punjab (Development and Regulation) Act, 1952. (2) It extends to the City of Chandigarh which shall comprise the areas of the site of the capital of Punjab as notified by the Government of Punjab before the 1st November, 1966 and to such areas as may be notified by the Central Government from time to time. (3) It shall come into force at once.

In this Act, unless the context otherwise requires,— (a) "Advertisement" means any word, letter, sign, playcard, board, notice, device or representation in any manner whatsoever, wholly or in part, intended for the purpose of advertisement or announcement or direction and includes any structure used or adapted for the display of advertisements; (b) "amenity" includes roads, water-supply, street lighting, drainage, sewerage, public building, horticulture, landscaping and any other public utility service provided at Chandigarh; (c) "building" means any construction or part of a construction which is transferred by the Central Government under section 3 and which is intended to be used for residential, commercial, industrial or other purposes, whether in actual use or not, and includes any out house, stable, cattle-shed and garage and also includes any building erected on any land transferred by the Central Government under section 3; (d) "Chandigarh" means the areas to which this Act extends; (e) "Chief Administrator" means an officer appointed as such by the Central Government, by notification in the official Gazette, to perform the functions of the Chief Administrator under this Act; (f) "erect a building" has the same meaning as "erect or re-erect any building" in the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911); (g) "Estate Officer" means a person appointed as such by the Central Government, by notification in the Official Gazette, to perform the functions of the Estate Officer under this Act; (h) "occupier" means a person (including a firm or other body of individuals whether incorporated or not) occupying or in possession of land or building transferred under this Act and includes his successors and assigns; (i) "prescribed" means prescribed by rules made under this Act; (j) "site" means any land which is transferred by the Central Government under section 3; (k) "transferee" means a person (including a firm or other body of individuals whether incorporated or not) to whom a site or building is transferred in any manner whatsoever under this Act and includes his successors and assigns; (l) "workshop" means any building or place in which or within the compound of which any manual labour is employed or utilised in any process for the following purposes: (i) the making of any article or part thereof; (ii) the altering, repairing, ornamenting or finishing of any article; (iii) the adapting for sale of any article.

The consideration money mentioned in sub-section (1) shall be paid in such instalment in such manner as may be prescribed. The unpaid portion of the consideration money together with interest or any other amount if any due to the Central Government on account of the transfer of any site or building under sub-section (1) shall be a first charge on that site or building, as the case may be, and notwithstanding anything contained in any other law for the time being in force, no transferee shall except with the previous permission in writing of the Estate Officer, be entitled to sell, mortgage or otherwise transfer (except by way of lease from month to month) any right, title or interest in the site or building transferred to him under sub-section (1) until the amount which is a first charge under this sub-section has been paid in full to the Central Government.

(1) For the purpose of proper planning or development of Chandigarh, the Central Government or the Chief Administrator may issue such directions, as may be considered necessary, in respect of any site or building either generally for the whole of Chandigarh or for any particular locality thereof, regarding any one or more of the following matters, namely:— (a) architectural features of the elevation or frontage of any building; (b) erection of detached or semi-detached buildings or both and the area of the land appurtenant to such building; (c) the number of residential buildings which may be erected on any site in any locality; (d) prohibition regarding erection of shops, workshops, ware-houses, factories or buildings of a special architectural character or buildings designed for particular purposes in any locality; (e) maintenance of height and position of walls, fences, hedges or any other structural or architectural construction; (f) restrictions regarding the use of site for purposes other than erection of buildings. (2) Every transferee shall comply with the directions issued under sub-section (1) and shall, as speedily as possible, erect any building or take such other steps as may be necessary, to comply with such directions.

(1) No person shall erect or occupy any building at Chandigarh in contravention of any building rules made under sub-section (2). (2) The Central Government may by notification in the Official Gazette, make rules to regulate the erection of buildings and such rules may provide for all or any of the following matters, namely:— (a) the materials to be used for external and partition walls, roofs, floors, staircases, lifts, fire-places and any other part of any building; (b) the location of any building which is intended to be used for residential or commercial or industrial or other purposes; (c) the ventilation in, or the space about any building or part thereof to secure circulation of air or for the convenience of such building; (d) the number of storeys and the height of any building; (e) the regulation of the erection of any building or any part thereof including the procedure for its completion and further erection.

If it appears to the Chief Administrator that the condition or use of any site or building is prejudicially affecting the proper planning or the amenities in, any part of Chandigarh or the interests of the general public there, he may serve on the transferee or occupier of that site or building a notice, requiring him to take such steps and within such period as may be specified in the notice and thereafter to maintain it in such a manner as may be specified therein.

(1) For the purpose of providing, maintaining or continuing any amenity at Chandigarh, the Central Government may levy such fees or taxes as it may consider necessary (which shall be in addition to any fee or tax for the time being leviable under any other law) in respect of any site or building on the transferee or occupier thereof.

(1) The Chief Administrator may, from time to time by notification in the Official Gazette and with the previous approval of the Central Government apply to Chandigarh or part thereof with such adaptations and modifications not affecting substance as may be specified in the notification, any of the provisions of the Punjab Municipal Act, 1911 specified in the Second Schedule appended to this Act in so far as such provisions are not inconsistent with the provisions of this Act. (2) On the issue of a notification under sub-section (1), the Chief Administrator shall, in relation to Chandigarh or part thereof, as the case may be, exercise the powers and perform the same functions under the provisions applied by such notification as a Municipal Committee or its President or Executive Officer of the Committee would meet in performing if Chandigarh were a Municipality of the first class. (3) While exercising functions under the provisions of the Punjab Municipal Act, 1911, applied to Chandigarh by a notification under sub-section (1), the Chief Administrator shall be subject to the control of the Central Government and not to that of the Commissioner or Deputy Commissioner. (4) The Central Government may from time to time, by notification in the Official Gazette, amend the Second Schedule or add thereto, any other provision of that Act.

(1) Where any transferee makes any default in the payment of any consideration money or instalment thereof or any other amount on account of the transfer of any site or building under section 3 or in respect of any lease, or where any transferee or occupier makes any default in the payment of any fee or tax levied under section 7, then, in addition to the amount of arrears, a sum shall be recovered from the transferee or occupier, as the case may be, by way of penalty, a sum not exceeding the amount payable under sub-section (1) may be recovered from the transferee or occupier, as the case may be, in the same manner as an arrear of land revenue.

In the case of non-payment of consideration money or any instalment thereof on account of the transfer of any site or building under section 3 or any rent due in respect of the lease, or for the breach of any conditions of such transfer or any breach of any rules made under this Act, the Estate Officer may, if he thinks fit, resume the site or building so transferred and may forfeit the whole or any part of the money, if any, paid in respect thereof.

(1) Any person aggrieved by an order of the Estate Officer made under sections 8 and 9 may, within thirty days of the date of the communication to him of such order, prefer an appeal to the Chief Administrator in such form and manner as may be prescribed: Provided that the Chief Administrator may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) The Chief Administrator may, after hearing the appeal, confirm, vary or reverse the order appealed from, and may pass such orders as he deems fit. (3) The Chief Administrator may, either of his own motion or on an application received in this behalf, at any time call for the record of any proceeding in which the Estate Officer has passed an order for the purpose of satisfying himself as to the legality or propriety of such order and may pass such order in relation thereto as he thinks fit: Provided that the Chief Administrator shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard. (4) Where a person is aggrieved by any order of the Chief Administrator, deciding a case under sub-section (2) or sub-section (3), he may, within thirty days of the date of communication to him of such decision, make an application in writing to the Central Government for revision against the said decision and the Central Government may confirm, alter or rescind the decision of the Chief Administrator.

If it appears to the Chief Administrator that it is necessary or expedient to preserve or plant trees generally or of specified kind in Chandigarh, he may, by order, provide for— (a) the cutting down, topping, lopping or wilful destruction of trees, except with the previous permission of the Chief Administrator; and (b) the planting of trees and replanting of any tree or trees or kinds of trees as may be specified in the order on any site or location therein as may be necessary.

If it appears to the Chief Administrator that it is necessary or expedient to restrict or regulate the display of advertisements in Chandigarh, he may, by notification in the Official Gazette, make an order (hereinafter referred to as the Advertisements Control Order) for the purpose of regulating the display of advertisements and such order may provide— (a) for regulating the dimensions, appearance and position of advertisements which may be displayed, the sites on which such advertisements may be displayed, and the manner in which they are to be affixed to land or building; (b) for requiring the permission of the Chief Administrator to be obtained for the display of advertisements; (c) for enabling the Chief Administrator to require the removal of any advertisement which is being displayed in contravention of the order; (d) for the fees to be charged for advertisements at places specified in the order.

Any person who contravenes any of the provisions of sub-section (2) of section 4 or of any order made thereunder shall, on conviction, be punishable with fine which may extend to five hundred rupees and to a further fine which may extend to twenty rupees for each day during which the offence is proved to have been continued after the first day.

(1) Any person who contravenes any of the provisions of the Trees Preservation Order or the Advertisements Control Order, he shall, on conviction, be punishable with fine, which may extend to five hundred rupees; whoever after having been convicted of the contravention of any provision of either of the said orders continues to contravene the said provisions, shall, on subsequent conviction, be punishable with fine, as aforesaid and to a further fine which may extend to twenty rupees for each day of continued contravention, after the previous date of conviction. (2) The Court while passing an order under sub-section (1) may direct that any tree or part thereof or any material used for advertisement, which is the subject of the contravention, shall be forfeited to the Central Government, or impose a fine of an amount which shall be equivalent to the value thereof.

Except as otherwise provided for in this Act, any contravention of any of the rules framed thereunder shall be punishable with fine which may extend to five hundred rupees, and in the case of a continuing contravention with an additional fine, which may extend to twenty rupees, for each day during which such contravention continues after the first conviction; and the Court while passing any sentence on conviction of any person for the contravention of any rule may direct that any property or part thereof in respect of which the rule has been contravened, shall be forfeited to the Central Government. Illustrations.—Where an unauthorised structure has been constructed or any obnoxious material or substance is collected or heaped on a site in an unauthorised manner, or where an advertisement board has been set up in contravention of the Advertisements Control Order, such structure, material, substance or board shall be liable to forfeiture, and not the site or building on which the same may be located or fixed: Provided that if a building is begun, erected or re-erected in contravention of any of the building rules, the Chief Administrator shall be competent to require the building to be altered or demolished by a written notice delivered to the owner thereof within six months of its having begun or having been completed, as the case may be. Such notice shall also specify the period during which such alteration or demolition shall be completed, and if the notice is not complied with, the Chief Administrator shall be competent to demolish the said building at the expense of the owner: Provided further that the Chief Administrator may, instead of requiring alteration or demolition of any building, accept by way of compensation, such sum as he may deem reasonable.

No architect or engineer who does not possess the qualifications as detailed in the Schedule appended to this Act, shall be considered as duly qualified architect or engineer for the purposes of this Act, and no person other than a duly qualified architect or engineer and no person other than a licensed plumber shall be competent to certify any plan or plumbing work, as the case may be, unless registered and licensed by the Chief Administrator.

The Chief Administrator may authorise any person after giving twenty-four hours notice to the owner or occupier, or if there be no occupier, to the owner of any building or land, at any time between sunrise and sunset— (a) to enter on and to survey, and to take levels or measurements of any buildings or land; (b) to enter into any buildings or on any land for the purpose of ascertaining the course of sewers of drains; (c) to enter into any building or on any land for the purpose of ascertaining whether any building is being or has been erected or re-erected without sanction or in contravention of any of the rules framed thereunder and to do all other such acts and measurements as may be necessary.

No court shall take cognizance of any offence punishable under this Act, or any rule made thereunder except on the complaint of, or upon information given by the Chief Administrator or any other person authorised by him in this behalf.

No order made by the Central Government or any authority in exercise of any power conferred by or under this Act shall be called in question in any court.

(1) No suit, prosecution or other legal proceeding shall lie against the Chief Administrator, Estate Officer, or any other person acting under their direction in respect of any thing which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder. (2) No suit or other legal proceedings shall lie against the Central Government, the Chief Administrator or the Estate Officer or any other person in respect of any damage caused or likely to be caused by anything, which is in good faith done or intended to be done in pursuance of this Act or rules or orders made thereunder.

(1) The Central Government may by order direct that any power exercisable by it under this Act shall be exercisable subject to such conditions, if any, also by such officers subordinate to the Central Government as may be specified in the order. (2) The Chief Administrator may delegate all or any of his powers under this Act to any officer of the Central Government, subject to such conditions, if any, as may be specified by the Chief Administrator.

(1) The Central Government may, by notification in the Official Gazette, 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 terms and conditions on which any land or building may be transferred by the Central Government under this Act; (b) the manner in which consideration money for any transfer may be paid; (c) the rate of interest payable, and the procedure for payment of instalments, interest, fees, rents or other dues payable under this Act; (d) the terms and conditions under which the transfer of any right in any site or building may be permitted; (e) erection of any building or the use of any site; (f) levy of fees or taxes under section 7; (g) the terms and conditions for the breach of which any site or building may be resumed; (h) the conditions with regard to the buildings to be erected on sites transferred under this Act; (i) the form of notice and the manner in which notices may be served; (j) the form and manner in which appeals under this Act may be filed and the court-fees leviable on such appeals and applications; (k) the matter referred to in sub-section (4) of section 5; (l) any other matter which has to be or may be prescribed.

The Capital of Punjab (Development and Regulation) Act, 1952 (President’s Act V of 1952), is hereby repealed; Provided that any appointment, notification, order, scheme, rule, form or by-law, made or issued under the repealed Act shall, so far as it is not inconsistent with the provisions of this Act, continue in force and shall be deemed to have been made or issued under the provisions of this Act, as if this Act was in force at the time.

1. Fellow of the Royal Institute of British Architects (England) or Associate of the Royal Institute of British Architects (England) or an equivalent registration in any other foreign country. 2. Member of the Institution of Engineers (India) or Associate Member of the Institution of Engineers (India). 3. Member of the Institution of Civil Engineers (England) or Associate Member of the Institution of Civil Engineers (England) or an equivalent registration in any other country. 4. Fellow of the Indian Institute of Architects or Associate of the Indian Institute of Architects. 5. B.Sc. in Engineering of any Engineering University in India or abroad or Diploma in C.E., Roorkee. 6. Diploma from J.J. School of Arts, Bombay. 7. Diploma from School of Architecture, Delhi Polytechnic. 8. Diploma, degree or certificate from any other institution recognised by the Indian Institute of Architects or Institution of Engineers (India).

(See Section 7-A) Provision of the punjab Municipal Act, 1911. Sections 93 to 95, 106, 124, 125 to 133, 141 to 150, 151, 153, 168, 171 to 173, 199, 200, 208, 209, 210, 213, 214 to 223, 224, 233, 239 and 240.