Punjab Laws (Special Provisions) Act, 2016
No: 28 Dated: Oct, 21 2016
The Punjab Laws (Special Provisions) Act, 2016
(Punjab Act No. 28 of 2016)
An Act to make special provisions for resolving the problems associated with the development of unauthorized colonies and thereby leading to infrastructure issues in the State of Punjab within a period of six months and for the matters connected therewith or incidental thereto.
Whereas phenomenal increase in the population owing to migration has put tremendous pressure on land and infrastructure in Punjab resulting in developments which are not in consonance with the master plan of cities and towns and the Punjab Apartment and Property Regulations Act, 1995, in the State;
Whereas the Government has constituted a Committee of Experts to look into the various aspects of unauthorized colonies and suggest a comprehensive strategy to deal with them;
Whereas a strategy is proposed to be prepared by the Government in the State of Punjab in accordance with the Punjab Housing and Habitat Policy for Urban Housing to all;
Whereas action for violation of the provisions of the Punjab Regional and Town Planning and Development Act, 1995 and the Punjab Apartment and Property Regulations Act, 1995, is causing avoidable hardship and irreparable loss to a large number of people;
Whereas some time is required for making orderly arrangements for solving problems of areas under unauthorized colonies;
Whereas it is expedient to have a law to provide temporary relief to the people of the State of Punjab against such action for a period of six months within which various policy issues referred to above are expected to be finalized;
And whereas the Punjab Laws (Special Provisions) Act, 2013 was enacted for a period of one year from the date of its commencement and further the Punjab Laws (Special Provisions) Act, 2014 was again enacted for a period of one year from the date of its commencement and the said period of one year of the operation of the Punjab Laws (Special Provisions) Act, 2014 has expired on the 5th day of February, 2016. A large number of applications for regularization of unauthorized colonies, plots and buildings have been received under the said Acts but a large number of people including Non Resident Indians and the persons working outside the State of Punjab comprising the personnels of Defence Forces and Para Military Forces who could not apply earlier for regularization of unauthorized colonies, plots and buildings shall also get an opportunity for regularization of their plots/buildings falling in unauthorized colonies.
Be it enacted by the Legislature of the State of Punjab in the Sixty-seventh Year of the Republic of India as follows:-
1. Short title and commencement. - (1) This Act may be called the Punjab Laws (Special Provisions) Act, 2016.
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.
(3) It shall cease to operate on the expiry of six months from the date of its commencement, except as respects things done or omitted to be done before such cease, and upon such cesser section 6 of the General Clauses Act, 1897 shall apply.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "colony" means an area of land not less than one thousand square meters divided or proposed to be divided into plots for residential, commercial or industrial purpose;
(b) "competent authority" means any person or authority appointed under section 8 of this Act;
(c) "Government" means the Government of the State of Punjab;
(d) "master plan" means master plans prepared and notified under the Punjab Regional and Town Planning and Development Act,1995;
(e) "public land" means land owned by the Central or the State Government, Boards and Corporations owned by the Central or the State Government, Public Sector Undertakings constituted under any law and the local authorities;
(f) "punitive action" means action taken by the local authority or the special urban planning and development authority under the relevant law against unauthorized development and shall include demolition, displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise;
(g) "section" means a section of this Act; and
(h) "unauthorized colony" means a colony and includes 'apartment' which has been established by the person or promoter in contravention with the provisions of the Punjab Apartment and Property Regulations Act, 1995 (Punjab Act 14 of 1995)
(2) The definitions of the expressions 'apartment', 'authority', 'development charges', 'development works', 'external development works', 'internal development works', 'local authority', 'person', 'promoter' or any other word used in this Act, but not defined shall have the respective meanings as assigned to them in the Punjab Regional and Town Planning and Development Act, 1995 and the Punjab Apartment and Property Regulations Act, 1995.