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

1863 ¢ 

THE 

Pb, Act 41] THy PUNIAH SCHEDULED ROADS 305 

AND CONYROLLED AREAE RESTRLCIION OF 
TINREGTHLATED DEVELOFRIENT 

PUNJAB SCHEDULED ROADS AND CON- 

TROLLED AREAS RESTRICTION OF UNREGULAT-
 

-1
 

in. 

17 

13 

14, 

1. 

16. 

1 

18 

FE 

20, 
oL 

¥R DEVELOPMENT AT, 1083, 

AgnaANSEMENT abf SRCTIONS. 

Snort tille and cxtent. 

Dafinitlonz. 

Trohibition to erecl or peerect buildugs along sehedul- 

ed voads. 

Teueelaration of contralled ates 

Trullication of piuns, cbe. eonbrolled seea. 
Frection vr redetection of buldings, ek, in copdrolled 

Brens- 

IMrohibitin on e of lund n conlrolled aress. 

Applivatun for  permissino. ele. i the  grent o 
refuzal shereol. 

Tawer nl entry oo Land or flling for survey, ete. 

Aqpeals. 
Controb by Goverhment, 
iffences und pooalties, 

Offences by componies. 

Compozition of offviees. 

Trial «f offece and spuecial provision regacding loe 

Sanetion of presceution, 

OMgers Lo e public soevants 

Power 1o smend Lhe Sehedule 
Lielugation. 

lndemunity. 

Bar of juris tion of eivil conrts 

. Exemptions, 

Eflevt of olher laws. 

Fawer f make rulvs 

THE 3CHEDULE. -





1943 ; Ph. Act #1] <HE PUNIAB SCHMIULED Roans 307 
AND CONTROLLED AREAS RESTRICTION OF ° 

UNREGULATED BEVELOPMENT 

'THE PUNJAB SECHEDULED ROADS AND CON- 
TROLLED AREAS RESTRICTION OF UNEREGU- 

LATED DEVELOPMENT ACT, 1963, 

(Pumass Aot No. 41 or 1083). 

[Beceived the assent of the President of India on ihe 
22nd November, 1963, gnd first published in the 
Pynjoh Government Garette  (Extreordinary), 
Legisletive Suppleinent, of the 30tk November, 
1083.]. 

i ‘ 

Shurt fle ! Whether sepealed ar othermise 
aifgeled by logis 

HI 4l |11|= Punjzh Sciml-l!*dl hnrnme! By Pumab el at 
! Rasds and Camiralied 19741 
. Arem, Raslfhon of . meminl by Pumisb AfL 25 el 
P oUnmitbrisd Bevelepe | 4G 

razni Agt. 1953 Arumded by the Punb Tegmanl- 
Aaiien (Chandicarity [(Adopealion of 

i Laws on Stee and  Congaroent 
| Sulsfectiy orde, 1065, 

m 

ACT 

to prevent hopharard ard sub-stondard development 
glong scheduled rpads gnd in controlled areas in 

the State of Punjab. 

Br, it enacted by the Laegislature of the State of 
Punjab in the Fourteemth Year of the Republic of 
India as follows ' — 

L (1) This Aet may ‘be called the Punjab shot titte and 
Scheduyled Roads and Controlled Areas Restriction of ®Xit 
Unregulated Dcvelopment Act, 1983, 

Eor Stutement of Cbiects and Rowsans, see Fussas Gwfi_:;wgmt 
Gu*cm [i!sat;"aordhlam] lflfla page 114 qm 

ement of el Rewn G Ffl?g‘ge (gfl{nfl’fli‘mm\flbéwn ST 5, o Punird Gou LR 

o Matement ol Ohjeta a'nd Remma ok 
Ciogeite (Bwtraordiugey, h’lm FREDS san—av‘ Ponich - Gavernmet



304 TME PUN2AB NCHEDULED noans  [M063 s Pb. Act iF 

AND COKTROLLEN AREAS RESTRICTI
ON OF 

NREGULATED DEVELOPMENT 

(2) It extends to the whele of the {Union terri- 

tory of Chandigarh]. 

Definitions, 3 In this Act, unless the context otherwise re- 

quires,—= 

i 

(2) 

“agrieulture”  includes herticulture, dairy 

farmi_niieepoultry farming and the planting 

and upkeep of an orchard | 

“amenity”  inclades  voads, water-supply, 

street Lphting, drainage, sewerage, public 

parks end any viher conventence which the 

Covernment may by notification specify for 

the purposes of this Act ; 

(3) “by-pass” vacans 4 rnad provided as g per- 

munent diversion to z  scheduled  voad, 

whether such diversion iz situsted within or 

without the Lmits of a locs]  authority and 

whether it 15 ennstructed befare or after the 

commencement of this Act ; 

{4) "Commissioner” means g Commissioner of a 

(&) 

() 

bl jtucedd for (he wegd, 
dipn (K baodigarly {AdRpkair 
Crder 1858, 

Division. and includes, any persen for the 

time being appoinicd by the Governmenk 

by notificatlon to exercise and perform all 

of any of the powers and functions of the 
Camniisslongr under this A¢l and the rules 
made thereunder ; 

Apgntrolled arcs™ mean: an ares declared 
under seelion 4 to ke a controlled area 

“Direcim® means the Divcetor of Towh and 
Country Planning. '[Unien Territory of 
Chandigarh], and includes any porson for 
the time being appoidted by the Govern- 
ment by notification to exércize and perform 
all or any of the powms and functions of 
the Director under this Act and the rules 

LI ATER 
aneUn e sl fedlEr 



1963 @ Ph. Act 41] THE PUNJAB SCHEDULED ROADS 109 

AND CONTROLLED AREAE RESTRICTION OF 
UNEREGULATER DEYVELOPRENT 

made thereunder in respect of any scheduled 

road or controlled area ; 

{7} “the Government™ means the '[Central Go- 

vermment] 

(&) “preseribed” means prescribed by riles made 

& 

under this Act ; 

urgad reservatlon, in relation to a scheduled 

road” means the land whether metalled or 

unmetslled, which vests in the Government 

or the Central Government or a logel autho- 

rity for the purpuses of such read and the 

boundaries of which are demarcated by 

pillars, posts or wires or in any other 

Tanner | 

(1M “seheduled road™ means a road specifed in 
the Schedule to thiz Act which is wholly 
sitwaled within the '[Unien Territory of 
Chandigarh], and where, sy Toad so speci- 
fied is not so situated, the portion of such 
road which is situsted in the "[{fnien terri- 
tory of Chandigarh]; and includes a "by- 

pass™, but does not include any part of 
gech road or portion. not being a bye-pass, 
which is situated in the limits of a Iocal 

authority ; 

*[Exptanction.—Fm- the purposes of this cleuse 

(I 

Tocal aulhority' means a cantonment hoard. 
raunicipal committee, notified area eom- 
mittee or an improvement trust]. 

“huifding'” means any chap, houwe, hut, out- 

house, shed ar stshle, whether used for the 
purpose of human hebitation or ctherwise 

ISubstituted far Uk wordes | “Slete of  Funfsb’ by the Punlab 
Terrganisation (Chandigerht (Adaptation of Tavae on State wnd Con= 
currand Nibiecta) <hder, 1598. 

Lanided By Punjah Act ¥e 13 nf HBL



Fruhibaion 

3100 THE PUNIAB SCHEDULED RoaDE  [E943 @ Pb. Act 41 

AND CONTRULLED AREAS RESTRICTION OF 
TSR EGULATED NEVELGPMENT 

and whether of masnnry, bricks, woed, mud, 

thatel, metal or any olher matertal what- 

ever: and includes a wall and a well ; 

{12} “arect or ve-erecd any building” includes— 

(a) eny materisi alteratien or  enlargement, 

of any building, 

(M) the conwersion by structural alieration into 
a place for human  habitation of any 

building not oviginally cunsiructed for 
Niurnam hakifation, . 

(c) the conversion ints more than one f}lage 

tor human habitalion of a building oti- 
pinally vongirueted as one such place, 

() the conversion of twa or more places of 
human habitation into a grealar number 
of such places. 

te) such alterations of a building as effect an 
Alteration of its drainage or sanltery 
arangements, or materially affect its 
secuariby, ’ 

(f} the addition of any reoms. building, out- 
hotwes, or ather strpctures to any build- 
ing, and 

() the constructinn in a wall adjclning any 
sireat or land not helonaite to the owner 
of the wall, of a donr opening on 1o such 
street or land. 

o "%’ No noreon shall erect or ve-srect any build- teet o Teetrsal o 9 
huildings alopg Mg of make or extend anv excavation or lay out any 
scheduled madi mesns of acenss o # road 'Twithin one hundred metes 

an either side of (he roed reservation of a byepass vr 
1thify thirty mrters W cRTer Bide of 

Fh Ret Woo 23 rf redted road”. by Pu 



1962 : Pb. Aot 41] 7THE FUNjAB SCIEDULED ROAUS il 

AND CONTROLLED ARESS BREETRICTION OF 
UNREGULATED DEVELOPMENT 

within thirty meters on either side of \he road reser- 

yation of sny scheduled road not being a bye-pass] | 

Provided that nothing in this vection shall apply 

to— 

(@) the repair to a building which was in exis- 

tence immediztely before ihe eommence- 

ment of this Aet or any evection or re-erec- 

tion of such a building which does not in- 

volve any structural alteration er addition 

therein ; or 

(&) he erection or re-erection of a  bulldiok, 
which was In cristence imnmediately before 
the commencement of this Aot and which 
involves any structural  alteration or addi- 
then, with the permiszion of the Director; or 

{2} the laying oul of any means of access to 4 
road with the pexmission of the Director . 

[or]. 

T(d} the erection ur ve-erection of a motor-fuel- 
filllng station eor 4 bus-queue-shalter with 
the permission of the Director]. 

4. {I) The Government tmay by notification  de- Declavstlen ot 
clare the whole or any pat of any  ares adjarent . <Mboled  ares 
angd within a distance of— 

(0} eipht kilo-molers on the outor sides of the 
boundaty of any tawn, or 

(B) two kilo-meters on tee  outer sides of (e 
boundary of any indwstrial or housing 
etate, public instilulion or an aneiond ang 
historieal munument, 

specifted in such notifcation 10 be controlled . 
the putposes of this Act, area for 
VAl Ty Punjib Set No 53 of 1684 



312 HE PUMAB SCHEDULED Rosps {1963 : Pb. Act 41 
AND CONTROLLED AREAS RESTRICTION OF 

TNREGTLATED PEVELOPMENT 

(&) The Government shall also cause the contents 

of the decluration made under sub-section {1) to he. 
published in at least two newspapers printed in a 

lanpuage other than English. 

v il § (1) The Director shall, not later than three 
plans 4 ™ months from the declaration under sub-section (1) of 

section 4 or within such further period as the Govern- 
ment may allew, prepate plans m the preseribed 

manner showing the controlled ares and signifying 

therein the malure of restrictions and conditlons pro- 

posed ic be made applicable tu the controlled area and 

gubmmit the plans to the Covernment. 

(2) Withoul prejudice to  ihe gencality of the 

powers specified in sub-seciion (1), the plans may pro- 

vide for any one or more of the following matters, - 
namely 1 — 

{4} the division of aoy site inte plots for the 

erection or re-erection of any building and 

the manner in which such plots may be 

iramsferred to intending  purchasers or 

lessaas 

(b} the allolment or reservation of land for 

roads, pen spaces, gardens, lecreation 

grounds, schools, markels and other public 

purposes ; 

{£) the develnpment of any sile into » township 

or colony and the restrictions and condliions 

subject to which such develupment may be 

undertaken rr carricd out | 

{d) the erection or re-erection of tuildings on 

any site and the restrictions and conditions 

in yegard to the open spaces to be maintaln- 

od in or sround buildings and the height and 

eharacter of buildings ; 

(¢) the slignment of puildings un any site
 ;



1863 : Ph. Act 41} THE PUNIAR SCHEDULED Roabs 313 
AND CONTROLLED AREAS RESTRICTION OF 

UNRRCULATER 0RVELOPMENT 

(f) the architectural features of the nlevation ar 
frontage of buitdings to be built on any 
site ; 

(%) the amenitics 1o be provided in relation to 
any sile or buildings on such site whether 
before ot after the erection o re-erection of 
bulldings and the person or authority by 
whom such amenities are to be provided 

(k) the prohibition or restrictions regirding 
erection or re-erection of shops, workshogps, 
warehguses or  factorles or  buildings of a 
speeifled architeetural feature or buildings 
designed for  particular  purposes in any 
lopeality 

() the maintenance of walls, fences, hedges or 
aity other structyral or  architectoral eone- 
striction and the height al which they shall 
be maintained ; 

(7} the restrictions regarding the yac of amy site 
for purpeses other than the evection or re- 
erection of buildings ; 

(k) smy other matier whish 13 necessary for the 
proper planning of uny eontvoHled ares and 
for preventing buildings being erected or re- 
erected haphagzardly in such ares. 

(3) The Government may either approve the plans 
withou! modifications or with sach modifications as it 
nay eoiusider necessary or rejeet the plans with direg- 
tions to the Dircetar to prepare frosh plans grcording 
to such directions. 

(%) The Government shall eause to be published 
by notificstion ihe plans approved by it under sub-see- 
tion (3) for the purpose of inviting objections thereon.



Efmolion o Hé- 

314 Uk PUNIAR SCHRBULED Roabs  [1963 : Ph. Ach 31 
AND CONTROLLED AREAS RESTRICTION Of 

THAEGUTATED DRy RLOPMERT 

(5) Any person may, within thirty days from the 
date of publivation of The nodification ynider sub-Eee- 
tion {#), send 10 the Dhrecior his uhjection and sugges- 
ton in wreiling, if any, in respect af sueh plans and the 
Director shall consider the same and forward them 
wilh his recommendations to the Government within 
a period of sixly davs from the atoresaid date. 

() The Direclor shall also give teesonable oppor- 
tunities 1o every lpcal awshari within whose loeal 
limits any land ineluded in the controtled area is 
Eituated, to make any epresentativn with respect to 
the plans. 

(%) After covsidering the ohjecuons, suggestions 
and representations, if any, and the recommendations 
of the Director thereun, the Government shall decide 
@5 to the final plans shewing the controlled area and 
signifying therein the nature of restrictions and con- 
ditions applicable 1o the contrrlled srea and publish 
the same in the Officiul Gozots: and in suech other 
manner a8 may he prescribed. 

(8} Provision rray be made by rales made in this 
behalf with respect to the fortn and content of the plans 
end with réspect to the procodure to be fullowed, and 
any uther matter in connection with the preparation, 
subeission and appraval of the plans, 

(#) Subjeel o the foTegoing  pravisions of this 
section, the Govermmenl may direct the Dircetor o 
furnish such information as ihe Governenerl may re- 
guire for the purpase of approving the plans submitted 
to 1t umder this section, 

6. Exeopt &8 provided hereinafter, no person shall 
prahon ol 1 erect av Te-crecl any building or make or extend any 
coatsilled bréd. pxeavation or lav out any means of aceess 1o a read in 

o contrnllad daren in accordance with the plans 
and the restviclions and corditions referred to in sec- 
tiom & and with the previous normission of the Dirce- 
tor - 



1963 : Ph, Al 41] yue puRIAB SOUEDULED RoADS 3157 
AND CONTROLLED AREAS HESTRICTIUN o 

— UHREGULATED DEVELOPMENT 

Providad that uo such pevmission shabl be neges- 
s&ry Tor erection oy re-erection of sny building if such 
building Is used or ts ta be used for apricultural pur- 
BoBCE T purposes subservien! to agriculigre, 

Y. (1) No tand wikin the controlied area shallfi ’rnh";;:i!{innflfi except with thi: permission of the Director, be used forjue En 
purppnses other than those lor which it was used on the, S0t aeas. date of publication of 11 rotification woder sub-sectio 
{1} of section 4, and wo land  within such contralled 
area shall be used for the purpescs of a chareoal-kiln, 
pottery.kiln, lme-kiln, brick-kiln or brick field or fo 
quarrying stooe, baivi, sukhi, kenkar or for othe 
similar extractive or anvillary aperation cxcept unde, 
and in sccordance with the ronditions of g license from 
the Director on pavment of such {ees and under sichy 
conditions ss may be preseribed. 

(2} The renewsi of suel livenecs may be made| annunlly on papercnt of such foos as may be preseibed. 

B (I} Every peeson desiring ta obtain the per-Eml_lfl!fim Zor nission referred o in section ¥ or sectinn B or SeCbon i e mane” 7 &r 8 licence uniler sectinm 7 shall make an applicationgzgdfm here: Ini writing to the Director in such furm and containingy™ such informaticn in respect of the land. building, ex- 
cavation or means of avcess o 4 road 1y which the 
apphleation relates as may be preseribed. 

1 (&) On receipls of such application the Director, 
after making sueh enga v a8 he considers necessary, 
whall by order in writing cither— 

{2} grant the permission or licenee subjeet to; 
such conditions, if ary. s: mayv be specified 
in the ovder, or 

(b) refuse to prant A permizsion or Tecnea 

(3) The Dircetor shall ned relyge permission te th 
erection or re-croction s a2 b ilding which was in existence in o conteoed any o the date o1 which



Tower of eniry 
o land or 

dor 
BUTVEY, €10 

Apprals, 

316 THE FUNJAB SCHEDULED ROaDS  [1963 : Ph. Act 41 
AND GUNTROLLED AREAS RRSTRICTION OF 

. UNBEGULATED DEVELOPDMENT 
th 

the notification under sub-seetion (1) of section 4 was 
published, nor shall he impose any condition in respest 
of such erection or re-eréction unless he is satished, 
after affording to  the applicant an opportounity of 
heing heard, that there is a probahility that the build- 
ing will be used for & purpose, or is designed in a 
manner, other then that for which it was used or 
designed on the date on which the said nolification was 
published. 

(4) I, at {he expiration of a pericd of three months 
after an application under sub-zsection (1) has been 
made lo the Direetor, ns order in  writing has been 
passed by {he Director, the permission shall, without 
prejudiee o the restrictions and conditions signified in 
the plens published in the OMicial Gazette under sub- 
section () of gection 5. be deemed to have been given 
witheut the imposition of any ennditions. 

(5) The Divcelor shali maintain such register ag 
may be presvribed with suffieient particulars of all 
such eases in which permission or licenee is given or 
deemed to have been given or refused by him under 
thiz section, and the zaid regicter shall be availabla for 
inspeetion without charge by all  persons interested 
and such persuns shall be entitled to  take extracts 
thereirom. 

9. The Director may autharize any person tn 
enter info or upen any and or building with or with- 
oub assistants or warkmen for the purpoese of making 
any enguiry, inspeclion, messwrement o survey  oFf 
taking levels : 

Provided that no entry shall be made exeept bet- 
ween the hours of sunrise and sunset and withput 
giving twenly-four hours notice to 1he ogeupier or 

ovwner of such land or boilding, 

18 Any person aperieved o affected by an crder 
of the Director unded sub-seclion (2) of seclion &



1988 : Pb. Act 41] THE FUNasR SCHEDUIFD mosss 217 
AKD CONTROLLED AREAS RESIRICTION OF 

UNREGULATED DEVELOPMEST 

granting permission or licence subject lo conditions 
or refusing permission or license may, within sixty 
days from the date of such uvrder, prefer an appeal to 
the Commissioner of the Division in which the schedul- 
od romd or controlied arca, as the case may be, is 
sltuated and the order of the Commissioner on such 
appeal shall be final. 

11. The Direelor shall carry vut such directions conieel 

&8 may he issued to nim from tinie o time by the G- Govemmant. 
vernmtent for the efficiant adminisiration of this Aet, 

12, {1} Any person who— 

{#} erecls or re-grects any building or makes or 
extends any excavation or lays out any 
means of acesss to & wed in eontravention 
of the provisions of section 3 or geetion & or 
in ¢ontravention of any conditions Imposed 
by an order under seetion 8 or seclion 10, or 

(b} wses any land in contraveniion of the pro- 
visions of gub-secticn (1) of secHon 7 ot 
sectian 14, 

¥ 

shall be punishable with fine whirh may cxtend to ten 
thousand rypees and, in the case of a continuing con- 
travention. wilk & farther fine which may extend to 

five hundred rupees for svery day after the date of the 
first conviction during which he is  proved to have 

persisted in the contravention 

{2} Without prejudice to the provisions of sub. 
seetlon (), the Director may order any persot who hag 
committ :d a breach of lhe provisions referred to in 
the said sub-seriion to restere lo ils oviginal state or 

to bring inlp conforsnity with the conditions which 

have been violated as the cuss may be, eny building or 

land in respeet of which a contravention such as is 

deseribed in the said sub-soction has been committed, 

and if such persan fails o da se within threr months 

Qe artd 

L



Uffences Ly eon. 
pentea. 

3B rhy PUNJAE SCHEODLED ROALS (1963 : Bh. Act 4f 
AND CONTROLLED AREAS RESTRICTION OF 

UMBEGULATED DEVELUFPMENT 

of the order, may himsell take such measures us may. 
appear to him 10 be necessary 1o give cffect to the 
order and the cost of such measures shall, if not, paid oo 
demand being made to him, be reooverable fram aueh 
person as an arrear of land revenye, 

13. (1) Where an offence under this Act has been 
committod by a company, the com pany as wall ag Every 
person incharge of, and respensible to, the campany for 
the conduet of its business at the time of the commis- 
sion of the offence shall be deemed to be gnilty of the 
offence and shall be Jiable to be proccaded against and 
punished accordingly : 

Provided tha! mothing contained in this sphsec. 
tion shall render any sush person liab to anyv punish- 
ment if he proves that the offenice was eomimitted withe 
out his knowledge o that he excrnised all due diligence 
lo provent the commission of auch oifence. 

(&) Notwithstanding anvtiing  contained in soh- 
section (I), where an offetics under this Act has besn 
commibted by & company and it is proved that the 
offence has héen eommitted with the consent or con- 
nivange  of  m that  the  commizsion  of the 
offence is  attributable te  amy  neglect on the 
part of any  direstor, manager, seeretary  or 
vther oficer of ‘he rarnpany, such director, manager, 
secretary or other oficer shall also he deemed o ba 
guilty of that offence aud shall be liable to be proceed- 
ed against and punished accordingly, 

Explanaiion— For the purposes of this section— 

(A} “enmpany® mesns ary body corporate and 
includes a firm ar other assoctation of indi- 
vidoals, und 

(12} “divector” in relation 1o a fivm is a pariner 
in {he firm,



E963 : Pb. Acl 41] THy rUNTAR SCHEDULED ROsDs 310 
ANT CONTHOLLED SREAS RESTHICTEON OF 

UNREGULATED NEYVELOPMENL 

4. (1) The Divector or sny person authnrised by Counppaation of 
the Director by general or specisl order in this behalf ” oncea 
may either before av after the institutien of the pro- 
ceedings compound any offenee made punishahle by 
o under this Act 

{2} Where an offenes hus been compounded  the 
ofender, if in eustedy shal! he discharged and no fur- 
ther proceedings shall be taken against him in vespect 
of the offonce compound. 

15. (5} Mo eourt infevior to that of a ‘[Judieial '{gglgcc,mr; 
Magistrate] of the First Class shall be competent to wasun ‘Tegard. 
try any offence punishable under this Act, 

(& Wotwithstanding anything centained in section 
32 of the Code of Criminsl Procedurs, 183, it shall pe 

Laweiul for zny '[Judicial Magistrate] of the First Class 
to pass 4 sertence al fine exeeeding  the pecuniary 
limit epooified in that section as in foree in any pert of 
the State on any perion eoivictad nf an pifence punish- 
able under this Act 

18, Mo prasecution for any offenve punishable Smetion of pro. 
under this Act shall be  insiituted except with the decting 
previcus sanction of the Director or any officer autha. 
rised in wriling by the Director in this hehalf. 

17 The Dizecior and wvery olher officer or efme Ofiees 0 be 
ployee acting under this Act or the rules made (here- public gervpnt, 
under zhall ke deeried to bo a publie scrvant within 
the meaning of seetion 21 of <he Indian Penal Code. 

18, The Government may by notification 3dd 0 puger t0 aveng 
the Scheduls to this Act any other roud not speeiticd Re Sunedule. 
therein or omit Hseelrarm any voead speeified therein, 
and on che issve of such & notifieation the Sehedule 
shall be deemad Lo by amended accerdingly. 

19. {I) The Government  muy 1) nutifilt'-ufitmInfiem:’lit\r. 



Tadimnity. 

Bar of |urisdie= 
Mon of eivll 
raarts. 

Exeraptions 

330 THE PUNIAR SCHEDULYU xuabs  [1963 & Tb. Act 41 
AND COMTROLLED AREAS RESTRICTMON OF 

UNAEGULATED BEVELOPSIENT 

except the power specified in sub-scction (J) of section 

4, wub-soction (3} and (7) of section 5, section 18 and 

section 25, shull, in relation to such matters and sub- 

jeet to such conditions, i any, as may be specified in 

the notitication, be egeveisable wlse by such officer o1 

authority suberdinate to  the Government as may be 

specified in the notificalion. 

{2y The Direvtor may, with the approval of the 

Covernment, by an order in writing delegate any of his 

powers and funcrions under this Aet or the rules made 

thereunder Lo such other officer subardinate to him as 

muy be specified in such order. 

20, (1) Ko sult, prosecution or other legal pro- 

ceeding shall lie against any person in respect of atwy - 

thing which is in gond faith done or intended to be 

done in pursuance of this At or the rules made there- 

under., 

(& oo suit o1 olher legsl procceding shall le 

against the Govermnent for any damage caused by 

anything which is in ood faith done ¢r intended to be 

done in  pursugnce of this Act or the rules made 

theraunder. 

21, No eivil court shall have any jurisdiction to 
enterlain or decide any guestion relating to matters 
Talling under {his Act o1 the rules made thereunder. 

£2 MNothing in this Act shall apply to— 

{a) the area eomprised in the ebadi deh of any 

village ; 

(B} the ereclion or re-srection of 4 place of 

worehip or a tomb o conataph or of a wall 

enclosing & graveyasved, place of worship, 

canotaph or samsdhi on land whiek, on the 

date of publication of the nolification under . 

sub-gaction (1) of seclien 4, is occupied by 
or for the purpose of such worship, tomb, 
cenotaph, gravevard o sarnadhi;



1963 : Pb. Act 4}] THE FUKJAB SCHEDULED Raans 321 

AND COMTROLLED. AREAS RESTRICTION OF 
UNREGULATED DEVELOPMEKT 

() excavations (including wells} or other apa- 

ralions made in the ordinary course of agri 

culture; and 

(dj he construction of an ynmetalled voad in- 

" tended 1o give aceess to land for agricultural 

Puipose O PUrpses subsvervient to agri- 

culture. 

23, (1) Nothing in this Act sha)l affect theJfie of v 
operation of — - ) 

{e) the Punjsb New Capiial (Periphery} 

Control Acl, 1953 (Punjab Act T of 1853); 

‘[ L] * - . *] 

{¢) the Punjab Slum Areas {Improvement and 

Clearance) Acl, 1962 (Punjab Act 24 of 1261), 

and 

’[(d) L3 Ll * » | 

(2) Save as aforesaid, the provisions of this Art 

and the rulos made tharcunder shall have effect not- 

withgtanding wsnything inennsistent therewlith com- 

tained in any other faw. 

{3) Motwithstapding anyihing contained in any 

such other law— 

(&) when permission required under this Act tor 

doing any act or laking any action in respeet 

of any land has been obtained, such act or 

action shall not be desmed to be unlawiully 
domie or taken by Teason only of the fact 

that permission, approval or sanction rTe- 

quired under such other law for doing surch 

act or taking such action hes not  been 
obtained,; : 

LClauses Ch) and (€} amuted by the Punjab  Resrgenisetion 

(Chandientls (Adapistion of T Sisbe and @oncurrend Sl AL |qn§, i AW BT uresnd Sealsbecta)



SHayings 

Fawer to mpke 
e, 

322 THE PUNjAR SCHEBULED RoADS 11963 : Pb. At 41 
AND CONTRULLED AREAS FESTRICTION (i 

UNEEGULATED DRV ELWPMENT 

(b) when permission required under this Act for 
doing such act or taking sueh actan has not 
been oblained, such act or aetisn shall not 
be deerned ta be lawfully doge or laken by 
Teason only of (he faol thar permission, 
approval of  sanetian  reguired under such 
other law for the doing of such act or the 
taling of siteh action has been obtainsd, 

%4, Nothing in this Acy shall atleer the power- of 
the Grvernment or any other authority to acquire land At Ly impse restrietions tpon e nee and devalopment 
uf land comprised in tlie controlled area under Aoy other law tor the time bei ng in foree. or 1o permit the settlemen: of a claim arising out of the reercise of powers under this Aot by mutal Fgrecment. 

25, 14} The Governmen|, reay, by notification andg subject tie the condition of pPrevigus publicatioe, maks rules for varrying out the Birposes of this Act 

(2) Lo particwdar, snd withom, prejudice to the generality of the foregoing power, such rules may pro- vide for all ar any of the follewing matlers. namelyvi- - 

{tey tho manner in which the plans in respect of 
4 controlled are shall be prepared under 
sub-section {13 of section 5 

(B] the gther manner in which the final wlans 
respect of a eomlrolled ares shall be pub- 
lished: 

fe} 1he form and contents of the plans in respect 
of & eoniretled wroa and che provedure to he 
followed and any other mailer in eonnecs 
tion with the  prepararion, subtnission anc 
aporaval of the plan; 

d} 1he conditivre o which the licences under 
seetion T shall e granted or renewed and



1963 2 Fb, Act 41] THE PUNJAR SCHEDULED RoaDs 321 
AND CUNTROLLED AREAS RESTRICTION OF - 

UNREGULATED DE{TLOPMENT 

the fros te be charged  for the grant and 
renewal thereof; 

() the form in which applications for permis- 
sion or licenes  shall be made  under sub- 
section ¢} of section § and the information 
wihigh shall be furnished therein; 

{f3 the principles and conditions under which 
applications for permission or licence ender 
this Act may be granted or refused ; 

(g} the form and manner in which the vegister 

veferred to Jh o sub-seetion () of section 2 
shall be maintained: 

(h} the procedure to be followed in hearing 
’ appeals wndor seplion 1, the fees to be pald 

in respect of, and the dociunent which shall 

aceompany, such appeals; and 

(i} anw ather matter which may be preseribad.



324 TUE PUNJAB SCHEDULED ROADS  [1963 : Pb. Act 31 
- AND CONTROLLED AREAS HBSTRICTION OF 

UNREGULATED GEVELIPLEENT 

'\'THE SCHEDULE| 

| See sectiona 2410} aad 18 

(i} Chandigarh—Roeper Road. 

toubetituted for tle words “Stals Governnent” by ihe Punjed 
Reocgenisntion (Chendigh) {Adgptatlon of Laws wn Stebe pnd Ceme 
<urresl Subjecla) Ocder, 1568,