The Himachal Pradesh Town and Country Planning Act, 1977

Keyword(s):
Advisory Council, Betterment Fee, Building, Building Industrial,
Development, Factory, Industrial Concern, Master Plan, Occupier, Open
Space, Reconstituted Plot, Road, Scheme
Amendments appended: 14 of 1981, 1 of 1984, 14 of 1989, 10 of 1992, 16 of
1994, 7 of 1995, 11 of 1997, 17 of 2000

THE-HIMACHAL-PRADESH-TOWN-AND-COUNTRY-PLANNING-ACT-1977-92726419 Download

THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING
ACT, 1977
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER I
PRELIMINARY

Short title, extent, commencement and application.
Definitions.
CHAPTER II
DIRECTOR OF TOWN AND COUNTRY PLANNING
Director and other officers.
CHAPTER III
REGIONAL PLANNING
Establishment of regions.
Director to prepare regional plans.
Survey.
Contents of regional plan.
Preparation of regional plan.
Finalization of regional plan.
Restriction on use of land or development thereof.
Exclusion from claims of amount in certain cases.
Review of regional plan.
CHAPTER IV
PLANNING AREA AND DEVELOPMENT PLANS
Planning area.
Director to prepare development plan.
Existing land use maps.
15-A freezing of land use pending preparation of existing land use
map under section 15.
Freezing of land use.
Interim development plan.
Development plan.
Publication of draft development plans.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 2
Sanction of development plans.
CHAPTER V
SECTORAL PLAN
Director to prepare sectoral plan.
Contents of sectoral plan.
Provisions of sections 19 and 20 to apply to sectoral plan.
Review of development plan and sectoral plan.
CHAPTER VI
CONTROL OF DEVELOPMENT AND USE OF LAND
Director to control land use.
Conformity with development plan.
Prohibition of development without permission.
Development undertaken on behalf of Union or State
Government.
Development by local authority or by any authority
constituted under this Act.
Application for permission for development by others.
30-A.Construction of farm-houses.
30-B. Exemption in respect of development of certain lands or
buildings.
Grant or refusal of permission.
31-A. Structural Stability Certificate.
Appeal.
Revision.
Lapse of permission.
Obligation to acquire land.
Deletion of reservation of designated land from draft or final
development plan.
Power of revocation and modification or permission to
development.
Penalty for unauthorized development or for use otherwise
than in conformity with development plan.
Power to require removal of unauthorized development.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 3
39-A. Power to stop development.
39-B. Power to seal unauthorized development.
39-C. Power to compound offences.
CHAPTER VII
TOWN AND COUNTRY DEVELOPMENT
AUTHORITY
Establishment of Town and Country Development Authority.
Incorporation of Town and Country Development Authority.
Constitution of Town and Country Development Authority.
42-A. Constitution of Town and Country Development Authority
for the capital town of Himachal Pradesh.
Term of office of Chairman and other members.
Resignation of members and filling of casual vacancy.
Salary and allowances.
Leave of absence and appointment, etc. of acting Chairman.
Meeting of Town and Country Development Authority.
Chief Administrator.
Other officers and servants.
Conditions of Service of Chief Administrator and other
officers and servants.
Town development scheme.
Preparation of town development scheme.
Power to revise the development scheme.
Power of State Government to give directions.
Restriction on land use and development.
Lapse of scheme.
Town Development scheme a public purpose.
Acquisition of land for Town and Country Development
Authority.
Developments.
Disposal of land, buildings and other development works.
Development charges.
Mode of levy.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 4
Fund of Town and Country Development Authority.
Annual budget.
Power to borrow money.
CHAPTER VIII
SPECIAL AREAS
Constitution of special areas.
Special Area Development Authority.
Incorporation of Special Area Development Authority.
Staff.
Functions.
Powers.
Funds of Special Area Development Authority.
Annual estimates.
CHAPTER IX
CONTROL
Power of State Government of supervision and control.
Power of State Government to give directions.
Power of Government to review plans, etc. for ensuring
conformity.
Delegation of powers.
Dissolution of authorities.
CHAPTER X
MISCELLANEOUS
Right of entry.
Jurisdiction of Court.
Cognizance of offences.
Members and officers to be public servants.
Suit and other proceedings.
83-A. Restriction on grant of Electricity, Water or Sewerage
connection.
Vacancy not to invalidate proceedings.
Member to continue till successor enters upon office.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 5
Interpretation of regional plan etc.
CHAPTER XI
RULES AND REGULATIONS
Powers to make rules.
Regulations.
Power to lay the rules and regulations.
Repeal and savings.

APPENDIX

THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING
ACT, 1977
(ACT NO. 12 OF 1977)1
(Received the assent of the President on the 3rd September, 1977 and
was published in the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated the
30th September, 1977, pp. 931-965).
An Act to make provision for planning and development and use of land;
to make better provision for the preparation of development
plans and sectoral plans with a view to ensuring that town
planning schemes are made in a proper manner and their
execution is made effective; to constitute the Town and Country
and Development Authority for proper implementation of town
and country development plan; to provide for the development
and administration of special areas through the Special Area
Development Authority 2
[,] to make provision for the compulsory
acquisition of land required for the purpose of the development
plans 3
[XXXXXXXXXXXXXXXXXXXXX] and for purposes
connected with the matters aforesaid.
Amended, repealed or otherwise affected by:-

For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh
(Extra-Ordinary), dated 13th April, 1977, p. 360.
2 . Inserted vide H.P. Act No. 14 of 2015.
3 The words and signs ―and to regulate the construction, sale, transfer and
management of apartments, to regulate colonies and provide for registration of
promoters and estate agents and for enforcement of obligations on them‖ inserted
vide H.P. Act No. 41 of 2013 and deleted vide H.P. Act No. 7 of 2018.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 6
(i) H.P. Act No. 14 of 19811
, assented to by the President on the
21st June, 1981, published in the Rajpatra, Himachal Pradesh
(Extra-Ordinary), dated the 2nd July, 1981, pp. 501-504.
(ii) H.P. Act No. 1 of 19842
, assented to by the Governor on the
23rd January, 1984, published in the Rajpatra, Himachal
Pradesh (Extra-Ordinary), dated the 28th January, 1984, pp.
117-120, effective from 20th October, 1983.
(iii) H.P. Act No. 14 of 19893
, assented to by the Governor on the
7
th June, 1989, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-Ordinary), dated the 9
th
June, 1989, pp. 1373-1376.
(iv) H.P. Act No. 10 of 19924
, assented to by the Governor on the
2
nd May, 1992, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 5th May,
1992, pp. 1919-1922.
(v) H.P. Act No. 16 of 19945
, assented to by the Governor on the
12th November, 1994, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 15th
November, 1994, pp. 3999-4006.
(vi) H.P. Act No. 7 of 19956
, assented to by the Governor on the
25th May, 1995, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 27th
May, 1995, pp. 2235-2240.
(vii) H.P. Act No. 11 of 19977
, assented to by the Governor on the
2
nd May, 1997, published both in Hindi and English in the
For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh
(Extra-Ordinary), dated 21st March, 1981, p. 151.
For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh
(Extra-Ordinary), dated 24th December, 1983, p. 1273.
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated
20th April, 1989, pp. 906 and 908.
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated
29th February, 1992, pp. 1484 and 1486.
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary) dated
21st September, 1994, pp. 3114 and 3118.
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated
29th March, 1995, pp. 1373 and 1376.
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated
9
th April, 1997, pp. 1219 and 1222.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 7
Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 3rd May,
1997, pp. 1583-1588.
(viii) H.P. Act No. 17 of 20001
, assented to by the Governor on the
3
rd June, 2000, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 13th
June, 2000, pp. 1689-1692.
(ix) H.P. Act No. 15 of 20012
, assented to by the Governor on the
18th June, 2001, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 27th
June, 2001, pp. 1097-1103.
(x) H.P. Act No. 22 of 20063
, assented to by the Governor on the
11th October, 2006, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 13th
October, 2006, pp. 5265-5270, effective from 4
th July, 2006.
(xi) H.P. Act No. 2 of 20074
, assented to by the Governor on the
7
th February, 2007, published both in the Rajpatra, Himachal
Pradesh (Extra-Ordinary), dated 13th February, 2007, pp.
11265-11268.
(xii) H.P. Act No. 8 of 20095
assented to by the Governor on the
24th March, 2009, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 27th March, 2009, pp.
8668-8671.
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated
17th April, 2000, pp. 904 and 906.
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated
18th April, 2001, pp. 200 and 204.
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated
23rd August, 2006, pp. 3903-33907.
4 Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-Ordinary), dated
27th December, 2006, pp. 9206 and 9209.
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 28th February,
2009, pp. 7958 and 7962.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 8
(xiii) H.P. Act No. 41 of 20131
, assented to by the Governor on the
18th September, 2013, published both in Hindi and English in
the Rajpatra, Himachal Pradesh, dated 21st September, 2013,
pp. 3709-3753.
(xiv) H.P. Act No. 14 of 20152
assented to by the Governor on the
10th May, 2001, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 18th May, 2015, pp. 799-
808.
(xv) H.P. Act No. 1 of 20173
assented to by the Governor on the
24th January, 2017, published both in Hindi and English in the
Rajpatra, Himachal Pradesh dated 30th January, 2017, pp.
6811-6822, effective from 15th June, 2016 and shall remain in
force for one year from the date of its publication 30th
January, 2017.
(xvi) H.P. Act No. 7 of 2018
4
assented to by the Governor on the
22
nd May, 2018, published both in Hindi and English in
Rajpatra (e-Gazette), Himachal Pradesh on 1st June, 2018, pp.
2252-2258, Act came into force from 4
th June, 2018 vide
notification No. TCP-A(3)-2/2017, dated 4th June, 2018,
published in the Rajpatra, Himachal Pradesh dated 6th June,
2018, p. 2363.
BE it enacted by the Himachal Pradesh Legislative Assembly in the
Twenty-eighth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
Short title, extent, commencement and application.- (1) This Act
may be called the Himachal Pradesh Town and Country Planning Act, 1977.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall come into force on such date as the State Government
may, by notification, appoint and different dates may be appointed for
different areas and for different provisions of this Act.
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 20th August,
2013, pp. 3057-3058 and 3080.
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 10th April, 2015,
pp. 254 and 260.
Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 28th August,
2016, pp. 3707 and 3714.
4 Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra (e-Gazette) Himachal Pradesh, dated 9th
April, 2018, pp. 178 and 181-182.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 9
1
[(3A) It shall apply to a real estate project proposed to be developed
on an area of more than 2500 M2 for plotting or plotting and construction of
apartment or any building or buildings having more than eight apartments for
the purpose of selling outside the notified planning areas or special areas
constituted under this Act and such areas shall be deemed to be planning
areas.]
(4) Nothing in this Act shall apply to-
(a) lands comprised within a cantonment under the Cantonments
Act, 1924 (2 of 1924);
(b) lands owned, hired or requisitioned by the Central
Government for the purpose of naval, military and air force
works;
(c) lands under the control of railway administration for the
purpose of construction and maintenance of works under
Chapter III of the Indian Railways Act, 1890 (9 of 1890); and
(d) lands owned by any department of the Central Government
where operational constructions are going on.
Definitions.- In this Act, unless the context otherwise requires,-
(a) ―agriculture‖ includes horticulture, farming, raising of annual
or periodical crops, fruits, vegetables, flowers, grass, fodder,
trees or any kind of cultivation of soil, the reserving of land
for fodder, grazing or thatching areas, breeding and keeping
of livestock including cattle, horses, donkeys, mules, pigs,
breeding of fish and keeping of bees and the use of land
ancillary to the farming of land, but does not include-
(i) keeping of cattle purely for the purpose of milking and
selling the milk and milk products;
(ii) a garden which is an appendage of buildings, and the
expression ―agricultural‖ shall be construed accordingly;
(b) ―amenity‖ includes roads and streets, water and electric
supply, open spaces, parks, recreational area, natural feature,
playgrounds, street lighting, drainage, sewerage and other
utilities, services and conveniences;
2
[(c) ―building‖ includes any structure or erection, or part of a
structure or erection, which is intended to be used for
Sub-section (3a) inserted vide H.P. Act No. 41 of 2013, amended H.P. Act No. 14
of 2015 and again substituted vide H.P. Act No. 7 of 2018.
Clause (c) substituted vide H.P. Act No. 41 of 2013.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 10
residential, industrial, commercial or other purposes, whether
in actual use or not 1
[XXXXXXXXXXXXX];
(d) ―building operation‖ includes-
(i) erection or re-erection of a building or any part thereof,
(ii) roofing or re-roofing of any part of building or an open
space,
(iii) any material alteration or enlargement of a building,
(iv) any such alteration of a building as is likely to alter its
drainage or sanitary arrangements, or materially affect
its security,
(v) the construction of a door opening on any street or land
not belonging to the owner;
(e) ―commercial use‖ means the use of any land or building or
part thereof for the purpose of carrying on any trade, business
or profession, or sale or exchange of goods of any type
whatsoever and includes running off with a view to make
profit, hospitals, nursing homes, infirmaries, educational
institutions, hostels, restaurants and boarding houses (not
being attached to any educational institution), sarais and also
includes the use of any land or buildings for storage of goods
or as building for storage of goods or as an office whether
attached to an industry or otherwise;
(f) ―court‖ means the principal civil court of original jurisdiction
in the district;
(g) ―development‖ with its grammatical variations means the
carrying out of a building, engineering, mining or other
operations in, on, over or under land, or the making of any
material change in any building or land or in the use of either,
and includes sub-division of any land;
(h) ―development plan‖ means interim development plan or
development plan prepared under this Act;
(i) ―Director‖ means the Director of Town and Country Planning
appointed under this Act;
(j) ―existing land use map‖ means a map indicating the use to
which lands in any specified area are put at the time of

1 The words and signs ―However, for the purpose of apartment, building shall
mean a building constructed on any land, containing more than eight apartments,
or two or more buildings with a total of more than eight apartments or any
existing building converted into more than eight apartments‖ omitted vide H.P.
Act No. 7 of 2018
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 11
preparing the map, and includes the register prepared, with
the map giving details of land-use;
(k) ―land‖ includes benefits to arise out of land and things
attached to the earth or permanently fastened to anything
attached to the earth;
1
[(ka) ―local authority‖ means a Municipal Corporation constituted
under section 3 of the Himachal Pradesh Municipal
Corporation Act, 1994 (12 of 1994) or a Municipal Council or
a Nagar Panchayat constituted under section 3 of the
Himachal Pradesh Municipal Act, 1994 (13 of 1994) or the
Panchayati Raj Institutions constituted under the Himachal
Pradesh Panchayati Raj Act, 1994 (4 of 1994) or the
Cantonment Board or any other authority notified by the State
Government for the purposes of this Act;]
(l) ―member‖ means a member of a Town and Country
Development Authority or a Special Area Development
Authority, as the case may be, and includes a Chairman
thereof;
(m) ―occupier‖ includes-
(i) a tenant,
(ii) an owner in occupation of or otherwise using his land,
(iii) a rent free tenant,
(iv) a licensee, and
(v) any person liable to pay to the owner, damages for the
use and occupation of the land;
2
[(ma) ―natural hazards‖ means probability of occurrence, within a
specified period of time in a given area, of a potentially
damaging natural phenomenon;
(maa) ―natural hazard prone areas‖ means areas likely to have,-
(i) moderate to very high damage risk zone of earthquakes;
or
(ii) significant flow or inundation; or
(iii) landslide potential or proneness; or
(iv) one or more of these hazards;]
(n) ―owner‖ includes a mortgagee in possession, a person who
for the time being is receiving or is entitled to receive, or has

Clause (ka) inserted vide H.P. Act No. 7 of 2018.
New clauses (ma) and (maa) inserted vide H.P. Act No. 7 of 2018.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 12
received, the rent or premium for any land whether on his
own account or on behalf of or for the further benefit of any
other person or, as agent trustee, guardian or receiver for any
other person or for religious or charitable institutions or who
would receive the rent or be entitled to receive the rent or
premium if the land were to be let and includes a head of a
Government department, General Manager of a Railway and
1
[the Chief Administrator], by whatever name designated, or a
local authority, statutory authority, company, corporation or
undertaking in respect of properties under their control;
2
[(na) ―person‖ includes company, firm, co-operative society, joint
family and incorporated body of persons;]
(o) ―planning area‖ means any area declared to be planning area
under this Act;
3
[(oa) ―prescribed‖ means prescribed by the rules made under this
Act;]
(p) ―region‖ means any area established to be a region under this
Act;
(q) ―regional plan‖ means a plan for the region prepared under
this Act and approved by the State Government;
4
[(qa) ―registered private professional‖ means the professional
registered with the competent authority in the manner, as may
be prescribed;]
(r) ―sector‖ means any sector of a planning area for which, under
the development plan, a detailed sectoral plan is prepared;
(s) ―slum area‖ means any predominantly residential area, where
the dwellings which by reason of dilapidation, over-crowding,
faulty arrangement of design, lack of ventilation, light or
sanitary facilities or any combination of these factors are
detrimental to safety, health or moral and which is defined by
a development plan as a slum area;
(t) ―special area‖ means a special area designated as such under
section 66;
(u) ―Special Area Development Authority‖ means an authority
constituted under section 67;
Substituted for the words ―the Chief Executive Officer‖ vide H.P. Act No. 7 of
1995.
New clause (na) inserted vide H.P. Act No. 7 of 2018.
New clause (oa) inserted vide H.P. Act No. 7 of 2018.
New clause (qa) inserted vide H.P. Act No. 7 of 2018.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 13
(v) ―Town Development Scheme‖ means a scheme prepared for
the implementation of the provisions of a development plan
by the Town and Country Development Authority; and
(w) ―Town and Country Development Authority‖ means an
authority established under section 40.
1
[XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX]
CHAPTER II
DIRECTOR OF TOWN AND COUNTRY PLANNING
Director and other Officers.- (1) After the commencement of this
Act the State Government shall, by notification in the Official Gazette,
appoint an officer for the purpose of carrying out functions assigned to him
under this Act, as the Director of Town and Country Planning for the State
and may appoint such other categories of officers as it may deem fit.
(2) The Director shall exercise such powers and perform such duties
as are conferred or imposed upon him by or under this Act and the officers
appointed to assist the Director shall, within such areas as the State
Government may specify, exercise such powers and perform such duties
conferred and imposed on the Director by or under this Act as the State
Government may, by special or general order, direct.
(3) The officers appointed to assist the Director shall be subordinate
to him and shall work under the guidance, supervision and control.
CHAPTER III
REGIONAL PLANNING
Establishment of region.- (1) The State Government may, by
notification,-
(a) declare any area in the State to be a region for the purpose of
this Act;
(b) define the limits of such area; and
(c) specify the name by which such region shall be known.
(2) The State Government may, by notification, alter the name of any
such region and on such alteration, any reference in any law or instrument or
other document to the region shall be deemed to be a reference to the region
as re-named unless expressly otherwise provided or the context so requires.
(3) The State Government may, by notification,-
(a) alter the limits of region so as to include therein or exclude
therefrom such areas as may be specified in the notification;
Clauses (x) to (zy) inserted vide H.P. Act No. 41 of 2013 and omitted vide H.P.
Act No. 7 of 2018.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 14
(b) amalgamate two or more regions so as to form one region;
(c) divide any region into two or more region; or
(d) declare that the whole or part of the area comprising a region
shall cease to be a region or part thereof.
Director to prepare regional plan.- Subject to the provisions of
this Act and the rules made thereunder, it shall be the duty of the Director-
(i) to carry out a survey of the regions;
1
[(ii) to prepare an existing land use map indicating the natural
hazard proneness of the areas; and
(iii) to prepare a regional plan keeping in view the regulation for
land use zoning for natural hazard prone area.]
Survey.- (1) The Director shall, with a view to prepare the existing
land use map, and other maps as are necessary for the purpose of regional
plan,-
(a) carry out such surveys as may be necessary;
(b) obtain from any department of Government and any local
authority such maps, survey reports and land records as may
be necessary for the purpose.
(2) It shall be the duty of every Government department and local
authority to furnish, as soon as may be possible, maps, reports and record, as
may be required by the Director.
Contents of regional plan.- The regional plan shall indicate the
manner in which land in the region should be used, the phasing of
development, the net work of communications and transport, the proposals for
conservations and development of natural resources, and in particular-
(a) allocation of land to which such purposes as residential,
industrial, agricultural or as forests or for mineral
exploitation;
(b) reservation of open spaces for recreational purposes, gardens,
tree belts, and animal sanctuaries;
(c) access or development of transport and communication
facilities such as roads, railways, water ways, and the
allocation and development of air ports;
(d) requirements and suggestions for development of public
utilities such as water supply, drainage and electricity;
(e) allocation of areas to be developed as ―Special areas‖ wherein
new towns, townships, large industrial estates or any other
ype of large development projects may be established;
Clauses(ii) and (iii) substituted vide H.P. Act No. 41 of 2013.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 15
(f) landscaping and the preservation of areas in their natural
state;
(g) measures relating to the prevention of erosion, including
rejuvenation of forest areas;
(h) proposals relating to irrigation, water supply or flood control
works.
Preparation of regional plan.- (1) After preparation of the
existing land use map, the Director shall cause to be prepared a draft regional
plan and published it by making a copy thereof available for inspection and
publishing a notice in such form and manner as may be prescribed inviting
objections and suggestions from any person with respect to the draft plan
before such date as may be specified in the notice, such date not being earlier
than sixty days from the publication of the notice. Such notice shall specify in
regard to the draft plan the following particulars, namely:-
(a) the existing land use map and the narrative report thereon;
(b) a narrative report supported by necessary map and charts
explaining the provisions of the draft plan;
(c) a notice indicating the priorities assigned to works included in
the draft plan and the phasing of the programme of
development as such;
(d) a notice on the role being assigned to different departments of
Government, the Town and Country Development
Authorities, the Special Area Development Authorities, and
the Local Authorities in the enforcement and implementation
of draft plan.
(2) The Director shall consider all the objects and suggestions
received by him within the period specified in the notice under sub-section (1)
and shall, after giving a reasonable opportunity to all persons affected thereby
of being heard, prepare the regional plan containing such modifications, if
any, as he considers necessary and submit it to the State Government for
approval together with all connected documents, plans, maps and charts.
Finalization of regional plan.- (1) The State Government may
approve the draft regional plan submitted under section 8 with or without
modifications or reject or return the same to the Director for reconsideration.
(2) Immediately after the draft regional plan is approved under subsection (1) the State Government shall publish in such manner, as may be
prescribed, a notice stating that the regional plan has been approved and
mentioning a place where a copy of the plan may be inspected at all
reasonable hours and shall specify therein a date on which the regional plan
shall come into operation:
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 16
Provided that where the State Government approves the draft regional
plan with modifications, it shall not be published, unless the State
Government having published such modifications in the Official Gazette
alongwith a notice inviting objections and suggestions thereon, within a
period of not less than thirty days from the date of publication of such notice
have considered the objections and suggestions after giving a reasonable
opportunity of being heard to person affected thereby.
Restriction on use of land or development thereof.- (1)
Notwithstanding anything contained in any other law for the time being in
force, on or after the date of publication of the draft regional plan, no person,
authority, department of Government or any other person shall change the sue
of land for any purpose other than agriculture, or carry out any development
in respect of any land contrary to the provisions of the draft plan, without the
prior approval of the Director or any officer next to him authorized by the
Director, in this behalf.
(2) Notwithstanding anything contained in any law for the time being
in force, the permission referred to in sub-section (1) shall not be granted
otherwise than in conformity with the provision of the draft or final plan and
no permission, if granted, shall be construed to confer any legal right
whatsoever on the person seeking the permission.
(3) If any work is carried out in contravention of the provisions of this
section, the Municipal Corporation or 1
[Municipal council or Nagar
Panchayat] within its such local area, and the Collector in area outside such
local areas, may cause such work to be removed or demolished at the cost of
the defaulter, which shall be recovered from him in the same manner as an
arrear of land revenue:
Provided that no action shall be taken under this sub-section unless
the person concerned is given a reasonable opportunity of being heard and a
notice calling upon him to remove or demolish the work within a time
specified therein.
(4) Any person aggrieved by the order of the Municipal Corporation,
2
[Municipal council or Nagar Panchayat] or Collector, as the case may be,
calling up to remove or demolish the work may prefer an appeal to the
Director within fifteen days of the receipt of the notice under sub-section (3)
and the order of the Director in such appeal shall be final.
Exclusion from claims of amount in certain cases.- Whereas the
regional plan assigns a particular land use to a certain areas and any land
situated therein is already put to such use, subject to substantially similar
restrictions in force under any other law which was in force on the date on
which restrictions were imposed by or under this Act and if amount in respect
Substituted for the words ―Municipal Committee‖ vide H.P. Act No. 15 of 2001.
Substituted for the words ―Municipal Committee‖ vide H.P. Act No. 15 of 2001.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 17
of such restrictions have already been paid under any such other law which
was in force for the time being in respect of the property or any right or
interest therein to the claimant, or any predecessor in interest of the claimant,
the owner shall not be entitled to any further amount on account of injury or
damage caused to his rights by reasons of the restrictions placed on the use of
the land under the provisions of this Act.
Review of regional plan.- (1) The Director may, on his own
motion or if s required by the State Government, at any time after a regional
plan has come into operation, undertake the review and evaluation of the
regional plan and make such modification in it as may be justified by the
circumstances.
(2) The foregoing provisions of this Chapter shall, so far as they can
be made applicable, apply to the modifications under sub-section (1) as these
provisions apply in relation to the preparation, publication and approval of a
regional plan.
CHAPTER IV
PLANNING AREA AND DEVELOPMENT PLANS
Planning Area.- (1) The State Government may, by notification,
constitute planning areas for the purposes of this Act and define the limits
thereof.
(2) The State Government may, by notification,-
(a) alter the limits of a planning area so as to include therein or
exclude therefrom such areas as may be specified in the
notification;
(b) amalgamate two or more planning areas so as to constitute
one planning area;
(c) divide any planning area into two or more planning areas;
(d) declare that the whole or part of the area constituting the
planning area shall cease to be planning area or part thereof.
Director to prepare development plans.- Subject to the
provisions of this Act and the rules made thereunder, the director shall1
[(a) prepare an existing land use map indicating the natural hazard
proneness of the area;
(b) prepare an interim development plan keeping in view the
regulation for land use zoning for natural hazard prone area;
(c) prepare a development plan keeping in view the regulation for
land use zoning for natural hazard prone area;]
Clauses (a) to (c) substituted vide H.P. Act No. 41 of 2013.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 18
(d) prepare a sectoral plan;
(e) carry such surveys and inspections and obtain such pertinent
reports from Government departments, local authorities and
public institutions as may be necessary for the preparation of
the plans;
(f) perform such duties and functions as are supplemental,
incidental, and consequential to any of the foregoing
functions or as may be assigned by the State Government for
the purpose of carrying out the provisions of this Act.
Existing land use maps.- (1) The Director shall carry out the
survey and prepare an existing land use map and forthwith publish the same in
such manner as may be prescribed together with public notice of the
preparation of the map and of the place or places where the copies may be
inspected, inviting objections and suggestions in writing from any person with
respect thereto within thirty days from the date of publication of such notice.
(2) After the expiry of the period specified in the notice published
under sub-section (1), the Director may, after allowing a reasonable
opportunity of being heard to all such persons who have filed the objections or
suggestions, make such modifications therein as may be considered desirable.
(3) As soon as may be after the map is adopted with or without
modifications the Director shall publish a public notice of the adoption of the
map and the place or places where the copies of the same may be inspected.
(4) A copy of the notice shall also be published in the Official Gazette
and it shall be conclusive evidence of the fact that the map has been duly
prepared and adopted.
1
[15-A. Freezing of land use pending preparation of existing land
use map under section 15.- (1) Wherever the State Government, after the
constitution of the planning area under section 13 2
[or the special planning
area under section 66] but before the publication of the existing land use map
under section 15, is satisfied that in any planning area or part thereof 3
[or the
special planning area or part thereof, as the case may be,] the change of the
land use on any building operation therein-
(a) is likely to cause injurious disturbances of the surface or any
land or soil, or is considered detrimental to the preservation of
the soil, prevention of land slips or protection against erosion;
or
(b) is likely to make it difficult to plan and develop the area in
question in accordance with the provisions of the Act;
Section 15-A inserted vide H.P. Act No. 10 of 1992.
Inserted vide H.P. Act No. 16 of 1994.
Inserted vide H.P. Act No. 16 of 1994.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 19
the State Government may, by notification published in the Official Gazette,
freeze the existing land use, for a period not exceeding 1
[five years].
(2) On the issuance of a notification under sub-section (1)-
(a) no person shall change the use of any land or carry out any
development of land (other than the change for the purpose of
agriculture )without the written permission of the Director;
and
(b) no local authority or officer or other authority shall,
notwithstanding anything contained in any other law for the
time being in force, grant permission for the change in use of
land without the written permission of the Director.
(3) Any permission that the Director may grant under sub-section (2)
shall be subject to such conditions and restrictions as may be imposed in this
behalf by the State Government.]
Freezing of land use. – On the publication of the existing land use
map under section 15-
(a) no person shall institute or change the use of any land or carry
out any development of land for any purpose other than that
indicated in the existing land use map without the permission
in writing of the Director:
Provided that the Director shall not refuse permission if
the change is for the purpose of agriculture;
(b) no local authority or any officer or other authority shall,
notwithstanding anything contained in any other law for the
time being in force, grant permission for the change in use of
land otherwise than as indicated in the existing land use map
without the permission in writing of the Director 2
[;]
3
[(c) no Registrar or the Sub-Registrar, appointed under the Indian
Registration Act, 1908, shall, in any planning area constituted
under section 13, 4
[in any special area or any deemed
planning area as specified in sub-section (3a) of section 1]
register any deed or document of transfer of any sub-division
of land by way of sale, gift, exchange, lease or mortgage with
possession, unless the sub-division of land is duly approved
by the Director, subject to such rules as may be framed in this
behalf by the State Government:
Substituted for the words ― three years‖ vide Act No. 14 of 2015.
Substituted for the sign ―.‖ vide H.P. Act No. 14 of 1981.
Clause (c) added vide H.P. Act No. 14 of 1981.
4 . Inserted vide H.P. Act No. 14 of 2015.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 20
Provided that the Registrar or the Sub-Registrar may
register any transfer,-
(i) where the land is owned by a person and the transfer is
made without involving any further divisions;
(ii) where the partition/sub-division of land is made in a joint
Hindu family;
(iii) where the lease is made in relation to a part or whole of
a building;
(iv) where the mortgage is made for procuring the loans for
construction of improvements over the land either from
the Government or from any other financial institution
constituted or established under any law for the time
being in force or recognized by the State Government.]
Interim development plan.- As soon as may be, after the
declaration of a planning area, the Director shall, within such time as may be
necessary, prepare, after consultation with local authorities concerned, if any,
and submit to the State Government an interim development plan for the
planning area or any of its parts and such other area or areas contiguous or
adjacent to the planning areas as the State Government may direct to be
included in the interim development plan.
(2) The interim development plan shall-
(a) indicate broadly the land use proposed in the planning area;
(b) allocate broadly areas or sector of land for-
(i) residential, industrial, commercial or agricultural
purposes;
(ii) open spaces, parks and gardens, green belts,
zoologogical gardens and play grounds;
(iii) public institutions and offices;
(iv) such special purposes as the Director may deem fit;
(c) lay down the pattern of National and State Highways
connecting the planning area with the rest of the region, ring
roads, arterial roads and the major roads within the planning
areas;
(d) provide for the location of airports, railway stations, bus
terminal and indicate the proposed extension and
development of railways and canals;
(e) make proposals for general landscaping and preservation of
natural areas;
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 21
(f) project the requirement of the planning area of such amenities
and utilities as water, drainage, electricity and suggest their
fulfillment;
(g) propose broad based regulations for sectoral development, by
way of guide-lines, within each sector of the location, height,
size of buildings and structures, open spaces, court-yards and
the use to which such buildings and structures and land may
be put 1
[including regulations for façade control and sloping
roof conforming to the hill architecture and environs];
(h) lay down the broad-based traffic circulation patterns in a city;
(i) suggest architectural control features, elevation and frontage
of buildings and structures;
(j) indicate measures for flood control 2
[and protection against
land slide], prevention of air and water pollution, disposal of
garbage and general environmental control.
(3) Subject to provisions of the rules made under this Act for
regulating the form and contents of the interim development plan any such
plan shall include such maps and such descriptive matter as may be necessary
to explain and illustrate the proposals in the interim development plan.
(4) As soon as may be, after the submission of the interim
development plan under sub-section (1), the State Government may either
approve the interim development plan or may approve it with such
modification as it may consider necessary.
(5) The State Government shall publish the interim development plan
as approved under sub-section (4) in the Official Gazette. The interim
development plan shall come into operation from the date of its publication in
the Official Gazette and shall be binding on all local authorities functioning
within the planning area.
Development plan.- A development plan shall-
(a) indicate broadly the land use proposed in the planning areas;
(b) allocate broadly areas or sector of land for,-
(i) residential, industrial, commercial or agricultural
purposes;
(ii) open spaces, parks and gardens, green belts, zoological
gardens and play-grounds;
(iii) public institutions and offices;
(iv) such special purposes as the Director may deem fit;
Inserted vide H.P. Act No. 41 of 2013.
Inserted vide H.P. Act No. 41 of 2013.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 22
(c) lay down the pattern of National and State Highways
connecting the planning area with the rest of the region, ring
roads, arterial roads and the major roads within the planning
area;
(d) provide for the location of air-ports, railway stations, bus
termini and indicate the proposed extension and development
of railways;
(e) make proposals for general landscaping and preservation of
natural areas;
(f) project the requirement of the planning area of such amenities
and utilities as water, drainage, electricity and suggest their
fulfilment;
(g) propose broad-based regulations for sectoral development, by
way of guide-lines, within each sector of the location, height,
size of buildings and structures, open spaces, court-yards and
the use to which such buildings and structures and land may
be put 1
[including regulations for façade control and sloping
roof conforming to the hill architecture and environs];
(h) lay down the broad-based traffic circulation patterns in a city;
(i) suggest architectural control features, elevation and frontage
of buildings and structures;
(j) indicate measures for flood control 2
[and protection against
land slide], prevention of air and water pollution, disposal of
garbage and general environmental control.
Publication of draft development plan.- (1) The Director shall
forth-with publish the draft development plan prepared under section 18 in
such manner as may be prescribed together with a notice of the preparation of
the draft development plan and the suggestions in writing from any person
with respect thereto, within thirty days from the date of publication of such
notice. Such notice shall specify in regard to the draft development plan the
following particulars, namely:-
(i) the existing land use maps;
(ii) a narrative report, supported by maps and charts, explaining
the provisions of the draft development plan;
(iii) the phasing of implementation of the draft development plan
as suggested by the Director;
Inserted vide H.P. Act No. 41 of 2013.
Inserted vide H.P. Act No. 41 of 2013.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 23
(iv) the provisions for enforcing the draft development plan and
stating the manner in which permission to development may
be obtained;
(v) an approximate estimate of the cost of land acquisition for
public purposes and the cost .of works involved in the
implementation of the plan.
(2) The Director shall, not later than ninety days after the date of
expiry of the notice period under sub-section (1), consider all the objections
and suggestions as may be received within the period specified in the notice
under sub-section (1) and shall, after giving reasonable opportunity to all
persons affected thereby of being heard, make such modifications in the draft
development plan as he may consider necessary, and submit, not later than six
months after the publication of the draft development plan, the plan so
modified, to the State Government for approval together with all connected
documents, plans, maps and charts.
Sanction of development plans.- (1) As soon as may be after the
submission of the development plan under section 19, the State Government
may either approve the development plan or may approve it with such
modifications as it may consider necessary or may return it to the Director to
modify the same or to prepare a fresh plan in accordance with such directions
as it may issue in this behalf.
(2) Where the State Government approves the development plan with
modifications, the State Government shall, by a notice, published in the
Official Gazette, invite objections and suggestions in respect of such
modifications within a period of not less than thirty days from the date of
publication of the notice in the Official Gazette.
(3) After considering objections and suggestions and after giving a
hearing to the persons desirous of being heard the State Government may
confirm the modification in the development plan.
(4) The State Government shall publish the development plan as
approved, under the foregoing provisions in the Official Gazette and shall
along with the plan publish a public notice, in such manner as may be
prescribed, of the approval of the development plan and the place or places
where the copies of the approved development plan may be inspected.
(5) The development plan shall come into operation from the date of
publication thereof in the Official Gazette and as from such date shall be
binding on all Development Authorities constituted under this Act and all
Local Authorities functioning within the planning area.
(6) After the coming into operation of the development plan, the
interim development plan shall stand modified or altered to the extent the
proposals in the development plan are at variance with the interim
development plan.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 24
CHAPTER V
SECTORAL PLAN
Director to prepare sectoral plan.- The Director may, on his
own motion, at any time after the publication of the development plan, or
thereafter, if so required by the State Government shall, within six months of
such requisition, prepare a sectoral plan.
Contents of sectoral plan.- (1) The sectoral plan shall enlarge the
details of land use as indicated in the development plan and shall-
(a) indicate the land liable to acquisition for public purpose or the
purposes of the, Union Government, the State Government,
the Town and Country Development Authority, the Special
Area Development Authority, the Local Authority or any
other authority established by or under any enactment for the
time being in force:
Provided that no land shall be so designated unless the
acquisition proceedings are likely to be completed within ten
years of the preparation of the plan;
(b) define in detail and provide for areas reserved for agriculture,
public and semi-public open spaces, parks, play-grounds,
gardens, recreational areas, green belts and nature reserves ;
(c) allocate in detail areas or sectors for residential, commercial,
industrial, agricultural and other purposes;
(d) define and provide for the complete road and street pattern for
the present and in the future and indicate the traffic
circulation;
(e) lay down in detail the projected road and street improvement;
(f) indicate and provide for areas reserved for public buildings,
institutions and civic developments;
(g) assess, make projections for and provide for the future
requirements of amenities, services, and utilities such as
municipal, transport, electricity, water and drainage;
(h) prescribe in detail the sectoral regulations for each sector,
with a view to facilitating an individual layout and regulating
the location, height, number of storeys and the size of
buildings, and other structures, the size of the court-yards,
courts and other open spaces and the use of the buildings,
structures and land 1
[including regulations for facade control
and sloping roof conforming to hill architecture and
environs];
Inserted vide H.P. Act No. 41 of 2013.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 25
(i) define areas which have been badly laid out or areas which
have developed so as to form slums, and provide for their
proper development and/or relocation;
(j) designate areas for future development and expansion;
(k) indicate the phasing of the programme of development.
(2) The sectoral plan may and if possible shall, indicate-
(a) control over architectural features; elevation and frontage of
buildings and structures; and
(b) the details of development of specific areas for housing,
shopping centres, industrial areas, educational and cultural
institutions and civic centres.
Provisions of sections 19 and 20 to apply to sectoral plan.- The
provisions of sections 19 and 20 shall apply for the preparation, publication,
approval and operation of sectoral plan as they apply in respect of the development plan.
Review of development plan and sectoral plan.- The Director
may on his own motion or if so required by the State Government shall, at any
time after the sectoral plan has come into operation, undertake a review and
evaluation of the development plan and sectoral plan.
(2) The foregoing provisions of sections 19, 20 and 23 shall, so far as
may be, apply to the modification under sub-section (1) as those provisions
apply in relation to the preparation, publication and approval of a
development plan or a sectoral plan.
CHAPTER VI
CONTROL OF DEVELOPMENT AND USE OF LAND
Director to control land use.- The overall control of
development and the use of land in the planning area shall, as from the date of
publication in the Official Gazette of a notification by the State Government,
vest in the director.
Conformity with development plan.- (1) After coming into force
of the development plan, the use and development of land shall conform to the
provisions of the development plan:
Provided that the Director may, at his discretion, permit the continued
use of land for the purpose for which it was being used at the time of the
coming into operation of the development plan:
Provided further that such permission shall not be granted for a period
exceeding seven years from the date of coming into operation of the development plan.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 26
Prohibition of development without permission.- After coming
into operation of the development plan, no person shall change the use of any
land or carry out any development of land without the permission in writing of
the Director :
Provided that no such permission shall be necessary-
(a) for carrying out ‘works for the maintenance, repair or
alteration of any building which does not materially alter the
external appearance of the buildings ;
(b) for carrying out work for the improvement or maintenance of
a high-way, road or public street by the Union or State
Government or an authority established under this Act or by a
local authority having jurisdiction, provided that such
maintenance or improvement does not change the road
alignment contrary to the provisions of the development plan;
(c) for the purpose of inspecting, repairing or renewing any drain,
sewers, mains, pipes, cables, telephone or other apparatus
including the breaking open of any street or other land for that
purpose;
(d) for the excavation or soil shaping in the interest of
agriculture;
(e) for restoration of land to its normal use where land has been
used temporarily for any other purposes;
(f) for use for any purpose incidental to the use of building for
human habitation, or any other building or land attached to
such buildings;
(g) for the construction of a road intended to give access to land
solely for agricultural purposes.
Development undertaken on behalf of Union or State
Government.- (1) When the Union Government or the State Government
intends to carry out development of any land for the purpose of its
departments or offices or authorities, the officer-in-charge thereof shall inform
in writing to the Director the intention of the Government to do so, giving full
particulars thereof, accompanied by such documents and plans as may be
prescribed at least thirty days before undertaking such development.
(2) Where the Director raises any objection to the proposed
development on the ground that the development is not in conformity with the
provisions of the development plan, the officer shall,
(i) make necessary modifications in the proposals for
development to meet the objections raised by the Director; or
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 27
(ii) submit the proposal for development together with the
objections raised by the Director to the State Government for
decision:
Provided that where no modification is proposed by the Director
within thirty days of the receipt of the proposed plan by the Government, the
plan will be presumed to have been approved.
(3) The State Government, on receipt of the proposals for
development together with the objections of the Director shall, approve the
proposals with or without modifications or direct the officer to make such
modifications in the proposals as it considers necessary in the circumstances.
(4) The decision of the State Government under sub-section (3) shall
be final and binding.
Development by local authority or by any authority
constituted under this Act.- Where a local authority or any authority
specially constituted under this Act intends to carry out development on any
land for the purpose of that authority, the procedure applicable to the Union or
State Government under section 28 shall, mutatis mutandis, apply in respect
of such authority.
Application for permission for development by others.- (1)
Any person, not being the Union Government, State Government, a local
authority or a special authority constituted under this Act intending to carry
out any development on any land, shall make an application in writing to the
Director for permission, in such form and containing such particulars and
accompanied by such documents as may be prescribed.
(2) Such application shall also be accompanied by such fee as may be
prescribed.
1
[(3) Every promoter as defined under clause (zk) of the Real Estate
(Regulation and Development) Act, 2016, (16 of 2016) shall make an
application to the competent authority as notified by the Government for the
sanction of the real estate projects and plans thereof in such form and in such
manner and accompanied by such fee, as may be prescribed.]
2
[30-A. Exemption from development permission in rural areas
falling within Planning or Special Areas.- (1) Any person who owns land in
rural areas, falling within Planning or Special Areas wherein neither Interim
Development Plan nor Development Plan has been notified, shall be exempted
from permission under this Act for the following development activities upto
the limits as may be prescribed:-
Sub-section (3) inserted vide H.P. Act No. 7 of 2018.
Section 30-A inserted vide H.P. Act No. 11 of 1997 amended vide H.P. Act No.
15 of 2001 and substituted vide H.P. Act No. 8 of 2009.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 28
(i) Residential activities such as farm-houses and residential
houses upto three storeys, cattle shed, toilet, septic tank,
kitchen, store, parking shed or garage and rain shelter;
(ii) Commercial activities such as basic commercial activities like
shops of general merchandise, cobbler, barber, tailoring, fruit,
vegetable, tea or sweet, eating places and dhabas, chemist and
farm produce sale depot;
(iii) Service Industries such as cottage or house-hold, service
industries like carpentry, knitting, weaving, blacksmith,
goldsmith, atta-chakki with capacity upto five horse-power,
water mill, agriculture equipments or machinery repair,
electrical, electronic and house-hold appliances;
(iv) Public amenities such as public amenities like panchayat
offices, schools, mahila mandals, yuvak mandals, community
halls, post offices, dispensaries and clinics (including health,
veterinary and Indian System of Medicines) information
technology kiosks, patwar khanas, guard huts, anganwaries,
electricity and telephone installations and connections, roads
and paths, ropeways, water tanks, rain harvesting tanks,
overhead or underground water tanks, pump houses, check
dams, temples, churches, mosques, graveyards, cemeteries,
cremation grounds and other religious buildings, bathing
ghats, cremation shelters, rest sheds, baths, drainage, toilets,
latrines, urinals, sewerage installations, wells, tube wells,
baulies, garbage disposal bins, depots and other installations;
(v) Agriculture and horticulture related activities including rain
harvesting structures, milk chilling plant, farm level godowns,
seeds and fertilizer stores, farm clinics, pre-cooling units,
primary processing units, green houses and poly houses; and
(vi) Heritage related activities such as lakes, reservoirs, dams,
baulies, wild life sanctuaries, cemeteries, graveyards, railway
lines.
(2) Any person who owns land in areas falling outside urbanisable
areas, as shown in the Interim Development Plans or Development Plans of
Planning or Special Areas, shall be exempted from permission under this Act
for the development activities specified under sub-section (1) upto the limits
as may be prescribed.]
1
[30-B. Exemption in respect of development of certain lands or
buildings.- (1) Notwithstanding anything contained in the Himachal Pradesh
Town and Country Planning Act, 1977 or any other law for the time being in
Inserted vide H.P. Act No. 1 of 2017, effective from 15th June, 2016 and shall
remain in force for one year from the date publication i.e. 30th January, 2017.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 29
force, the Government or any Officer or Authority, vested with the powers of
Director, may, on application, by order, exempt development on any land or
building or class of lands or buildings developed on or before the date of
commencement of this Act from all or any of the provisions of the Himachal
Pradesh Town and Country Planning Act, 1977 or any rules or regulations
made thereunder upto such extent and on payment of such regularization fee
as specified under sub-section (8).
(2) The application under sub-section (1) shall be made within sixty
days from the date of publication of this Act in the Official Gazette in
Appendix-I, which can also be downloaded from the official website
―www.tcphp.in‖ of the Department and may be submitted alongwith fee of
one thousand rupees which shall be disposed of within a period of one year
from the date of publication of this Act.
(3) After passing of order under sub-section (1), permission shall be
deemed to have been granted for such development of land or building.
(4) Nothing contained in sub-section (1) shall apply to any application
made by any person who does not have any right over the land or building
referred to in sub-section (1).
(5) Any person aggrieved by any order passed under sub-section (1)
by any Officer or Authority may, prefer an appeal to the Appellate Authority
within thirty days from the date of receipt of order. The condition of one year
stipulated under sub-section (2) shall not apply in appeals and such appeals
shall be decided by the Appellate Authority within a period of six months
from the date of filing thereof.
(6) The fee under this section shall be charged and deposited by the
Competent Authority through Treasury Challan or e-Challan in the relevant
Head of Account, and in case of Urban Local Bodies or Special Area
Development Authorities, the fee shall be charged by way of Demand Draft or
online payment by such Bodies.
(7) Before grant of exemption under sub-section (1), the following
guidelines and principles shall be kept in view to ensure compliance thereof,
namely:-
(a) the buildings shall be regularized on the basis of ―as is where
is‖:
Provided that a structural stability certificate shall be
submitted by the applicant for the building to be regularized
from the qualified Structural Engineer;
(b) there shall be no exemption for regularization in respect of
deviations and unauthorized constructions in the Green Area
and Heritage Area as defined under Interim Development
Plans or Development Plans as notified by the State
Government from time to time;
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 30
(c) deviations and un-authorized constructions falling in Green
Area and Heritage Area as delineated in the Interim
Development Plans (IDPs) or Development Plans (DPs) shall
be regularized which have taken place prior to the notification
(s) of delineation of such areas;
(d) the exemptions shall also be granted for such buildings which
have been constructed above the road level;
(e) developments carried out in lands or buildings owned by
individuals in Himachal Pradesh Housing and Urban
Development Authority (HIMUDA) Colonies, where such
Colonies are maintained and administered by the Urban Local
Bodies (ULBs), shall be considered for exemption;
(f) developments or constructions carried out without permission
or in deviation to approved plan, if not exempted under this
section, shall face disconnection of services and demolition;
(g) the competent authority shall ensure that the roof of buildings
to be exempted and regularized under this section is rendered
totally ineffective for further vertical construction in future;
(h) un-authorized constructions carried out on the area and
pockets kept for parks, sewerage or any other facility in any
approved map of sub-division of land by the competent
authorities shall not be regularized;
(i) parking floor(s) as per approved plan, if converted to any
other use like residence or shop etc. shall not be regularized
but in case, alternative equivalent or more parking space is
available then, parking floor(s) so converted into other use(s)
shall be considered for regularization:
Provided that such cases where existing road level is not
abutting from approved parking floor and further there is no
feasibility of construction of road leading to approved parking
floor may be considered for regularization;
(j) no exemption shall be allowed in case the owner has
encroached upon any land owned by the Government or
Local Authority or Board or Corporation or Institution or any
Authority constituted under the Himachal Pradesh Town and
Country Planning Act, 1977 or other person’s land;
(k) no exemption shall be allowed on the land lying below
Highest Flood Level (HFL) as delineated in the Development
Plans;
(l) in case of apartments, flats or slabs, the individual owner may
apply for regularization; and
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 31
(m) the people residing in the areas where provisions of the
Himachal Pradesh Town and Country Planning Act, 1977 or
the Himachal Pradesh Municipal Act, 1994 or the Himachal
Pradesh Municipal Corporation Act, 1994 were not in force at
the time when the buildings were constructed need not to
apply:
Provided that if there is any ambiguity as to whether any person is
exempted or not under this section, he may make an application alongwith
documents, if any, to the Competent Authority online or otherwise, who shall
pass appropriate order on his application.
(8) The regularization fee for regularization of deviations and unauthorized constructions shall be charged as per TABLE given below:—
TABLE
(A) For Residential buildings:-
Sl.
No.
Description Rates .
Municipal Outside
Area Municipal
Area
Remarks
Where permission
has been taken for
development but
deviations on
setbacks or storeys
or in both have
been made.
@ Rs.
800/- per
M2
@ Rs.
400/- per
M2
(i) Regularization Fee shall
be charged on the deviated
area i.e. on setbacks and unauthorized storeys which is
beyond sanctioned plan; and
(ii) For the purpose of
calculation of deviations, the
Regulations i.e. setbacks,
number of storeys/Floor Area
Ratio (FAR) as were
applicable at the time of
approval of original or
revised or retained map shall
be taken into consideration.
Where permission
has not been taken
for development
i.e. total unauthorized
construction.
@ Rs.
1000/-
per M2
@ Rs.
500/- per
M2
For the purpose of
calculation of deviations, the
total built up area of the
building shall be taken into
consideration.
(B) The regularization fee as specified under clause (A) of this subsection shall be increased by 100% for Commercial, Hotel, Tourism,
Industrial or other Uses :
Provided that the regularization fee as specified under clause (A) of
this sub-section shall be decreased by 75% for the persons falling under the
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 32
categories of Below Poverty Line (BPL) and Economically Weaker Sections
(EWS) of the society :
Provided further that no other fee shall be charged like Development
of land, Building Operation, Change of Existing Building Use and Change of
Land Use etc.]
Grant or refusal of permission.- (1) On receipt of an application
under section 30 1
[or 30-A] the Director may, subject to the provisions of this
Act by order in writing-
(a) Grant the permission unconditionally;
(b) Grant the permission, subject to such conditions as may be
deemed necessary under the circumstances; and .
(c) refuse the permission.
(2) Every order granting permission subject to conditions, or refusing
permission shall state the grounds for imposing such conditions or for such
refusal.
(3) Any permission granted under sub-section (2) with or without
conditions shall be in such manner as may be prescribed.
(4) Every order under sub-section (2) shall be communicated to the
applicant in such manner as may be prescribed.
(5) If the Director does not communicate his decision whether to grant
or refuse permission to the applicant within 2
[two months] from the date of
receipts of his application, such permission shall be deemed to have been
granted to the applicant on the date immediately following the date of expiry
of 3
[two months]:
Provided that in computing the period of 4
[two months] the period in
between the date of requisitioning any further information or documents from
the applicant and date of receipt of such information or documents from the
applicant shall be excluded.
5
{31-A. Structural Stability Certificate.- The applicant shall submit
a Structural Stability Certificate of the building before putting the same into
use, in the manner prescribed 6
[including soil investigation report and
structural design basis report as per provisions for safety against natural
hazard].}
Inserted vide Act. No. 11 of 1997.
Substituted for the words ―six months‖ vide Act. No. 11 of 1997.
Substituted for the words ―six months‖ vide Act. No. 11 of 1997.
Substituted for the words ―six months‖ vide Act. No. 11 of 1997.
Section 31-A inserted vide H.P. Act No. 15 of 2001.
Inserted vide H.P. Act No. 41 of 2013.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 33
Appeal.- (1) Any applicant aggrieved by an order 1
[passed under
any of the provisions of this Act] may, within thirty days of the date of
communication of order to him prefer an appeal to an officer not below the
rank of a 2
[Secretary], appointed by the State Government in this behalf, and
such an appeal shall be made in such manner and accompanied by such fees
as may be prescribed.
3
[(2) The officer appointed under sub-section (1) shall, after giving a
reasonable opportunity of being heard, decide the appeal preferred under this
section within a period of six months from the date of filing of the same.]
(3) Subject to the provisions of section 33 the order of the appellate
authority shall be final.
Revision.- The State Government may, at any time, but not later
than twelve months of the passing of the order, on its own motion or on an
application filed by the person aggrieved by any order by the appellate
authority under section 32 within thirty days of the date of communication of
such order to him, call for and examine the record of any case disposed of by
Director un1er section 31 or appellate authority under section 32 for the
purpose of satisfying itself as to the correctness of the order and as to the
regularity of any proceeding of the Director or the appellate authority and
may, when calling such record direct that the execution of the order be
suspended. The State Government may, after examining the record, pass such
order as it thinks fit and its order shall be final and no further application for
revision or review thereof shall lie:
Provided that no order shall be passed unless the person affected
thereby and the Director have been given a reasonable opportunity of being
heard.
Lapse of permission.- Every permission granted under section 31
or section 32 or section 33 shall remain in force for a period of 4
[three years]
from the date of such grant and thereafter it shall lapse:
Provided that the Director may, on an application, extend such period
from year to year but the total period shall, in no case exceed 5
[five years]
from the date on which the permission was initially granted:
Provided further that such lapse shall not bar any subsequent
application for fresh permission under this Act.
Obligation to acquire land.- (1)Where any land is designated by
a development plan as subject to compulsory acquisition,-

1 Substituted for the words ―granting permission on conditions or refusing
permission under section 31‖ vide H.P. Act No. 14 of 2015.

Substituted for the word ―Commissioner‖ vide H.P. Act No. 14 of 1981.
Sub-section (2) substituted vide H.P. Act No. 14 of 2015.
Substituted for the words ―one year‖ vide H.P. Act No. 16 of 1994.
Substituted for the words ―three years‖ vide H.P. Act No. 16 of 1994.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 34
(a) for development for the purpose of town expansion or town
improvement, or
(b) for development for the purpose of the Union or State
Government or a local authority or a Special Area
Development Authority constituted under this Act, or
(c) for development as a highway or a public utility services and
the owner of the land claims-
(i) the land has become incapable of reasonably beneficial
use in its existing state, or
(ii) the permission to develop land is given subject to
conditions, that the land cannot be rendered capable of
reasonably beneficial use by carrying out the permitted
development in accordance with the conditions, or
(iii) the sale value of the land has diminished because of the
designation of the land for acquisition or development,
such owner may serve on the State Government within such time in such
manner and together with such documents as may be prescribed, a notice
requiring the appropriate authority to purchase his interest in the land in
accordance with the provisions of this Act.
(2) On receipt of the notice under sub-section (1) the State
Government shall forthwith call from the Director and the appropriate
authority such report or records, or both as may be necessary, which these
authorities shall forward to the State Government as soon as possible but not
later than thirty days from the date of their requisition.
(3) On receiving such records or reports the State Government may-
(a) if it is satisfied that the conditions specified in sub-section (1)
are fulfilled, and that the order of decision for permission was
not duly made on the ground that the applicant did not
comply with any of the provisions of this Act or the rules
made thereunder, confirm the notice or direct that the
permission be granted without conditions or subject to such
conditions as will make the land capable of reasonably
beneficial use;
(b) in any other case, refuse to confirm the notice but in that case,
the applicant shall be given a reasonable opportunity of being
heard.
(4) If within a period of one year from the date on which the notice is
served, the State Government does not pass any final order thereon, the notice
shall be deemed to have been confirmed at the expiration of that period.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 35
(5) Upon confirmation of the notice the State Government shall,
within a period of one year of such confirmation, proceed to acquire the land
or that part of any land regarding which the notice has been confirmed in
accordance with the provisions of this Act.
Deletion of reservation of designated land from draft or final
development plan.- (1) The appropriate authority, if it is satisfied that the
land is not or is no longer required for the public purpose for which it is
designated or reserved or allocated in the draft development plan or sectoral
plan, or the final development plan or sectoral plan may request,-
(a) the Director to sanction the deletion of such designation or
reservation or allocation from the draft development plan or
sectoral plan; or
(b) the State Government to sanction the deletion of such
designation or reservation or allocation from the final
development plan or sectoral plan.
(2) On receipt of such request from the appropriate authority, the
Director or, as the case may be, the State Government may make an order
sanctioning the deletion of such designation or reservation or allocation from
the relevant plans:
Provided that the Director or, as the case may be, the State
Government may, before making any order, make such enquiry as he/it may
consider necessary and satisfying himself/itself that such reservation or
designation or allocation is no longer necessary in the public interest.
(3) Upon an order under sub-section (2) being made the land shall be
deemed to be released from such designation, reservation or allocation, as the
case may be, and shall become available to the owner for the purpose of development as otherwise permissible in the case of adjacent land under the
relevant plan.
Power of revocation and modification or permission to
development.- (1) If it appears to the Town and Country Development
Authority or Special Area Development Authority that it is expedient, having
regard to the development plan prepared or under preparation and to any other
material considerations, that any permission to develop land granted under
this Act or any other law, should be revoked or modified, the Town and
Country Development Authority or the Special Area Development Authority
may, by an order, revoke or modify the permission to such extent as appears
to it to be necessary:
Provided that-
(a) where the permission related to the carrying out or other
operations, no such orders-
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 36
(i) shall affect such of the operations as have been
previously carried out;
(ii) shall be passed after those operations have been
completed;
(b) where permission related to a change of use of land, no such
order shall be passed at any time after the change has taken
place.
(2) Where permission is revoked or modified by an order under the
last foregoing section, and the owner claims from the Town and Country
Development Authority or the Special Area Development Authority, within
the time and in the manner prescribed, amount in lieu of the expenditure
incurred in carrying out the works after the grant of permission and in accordance with such permission, which has been rendered abortive by the
revocation or modification, the Town and Country Development Authority or
the Special Area Development Authority shall, after giving the owners
reasonable opportunity of being heard by the Town Planning Officer and after
considering his report, assess and offer subject to provisions of section 11
such amount to the owner as it thinks fit.
(3) If the owner does not accept the amount and gives notice within
such time as may be prescribed, of his refusal to accept, the Town and
Country Development Authority or the Special Area Development Authority
shall refer the matter for the adjudication of the court and the decision of the
court shall be final and be binding on the owner and the Town and Country
Development Authority or the Special Area Development Authority.
Penalty for unauthorised development or for use otherwise
than in conformity with development plan.- Any person who, whether at
his own instance or at the instance of any other person, commences,
undertakes or carries out any development or changes use of any land-
(a) without permission required under this Act;
(b) in contravention of the permission granted or any condition
subject to which such permission has been granted;
(c) after the permission for development has been duly revoked;
or
(d) in contravention of any permission which has been duly
modified;
1
[(e) in contravention of any other provision of this Act;]
shall, without prejudice to any action that may be taken under section 39, be
punished with simple imprisonment for a term which may extend to six
months, or with fine which may extend to two thousand rupees, or with both,
Clause (e) inserted vide H.P. Act No. 41 of 2013.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 37
and in the case of a continuing offence with further fine which may extend to
two hundred rupees for every day during which the offence continues after
conviction for the first commission of the offence:
1
[Provided that imposition of fine shall not be deemed to regularize
the unauthorized constructions, colonies or buildings, and the Director after
giving a notice of thirty days and after affording a reasonable opportunity of
being heard, may demolish or remove such unauthorized constructions. The
amount incurred on account of demolition or removal of un-authorized
construction shall be recovered from the owner of such building as arrears of
land revenue.]
Power to require removal of unauthorised development.- (1)
Where any development has been carried out as indicated in section 38 the
Director may, within 2
[ten years] of such development, serve on the owner a
notice requiring him, within 3
[fifteen days] from the date of service of the
notice-
(a) in cases specified in clause (a) or (c) of section 38 to restore
the land to its condition existing before the said development
took place;
(b) in cases specified in clause (b) or (d) of section 38 to secure
compliance with the conditions or with the permission as
modified;
4
[(c) in cases specified in clause (e) of section 38 to secure
compliance in the manner as may be prescribed:]
Provided that where the notice requires the discontinuance of any use
of land, it shall be served on the occupier also;
5
[(2) in case any person after issuance of notice under sub-section (1)
does not comply with the directions, he shall be served with a notice to stop or
to seal, as the case may be, unauthorized development in the manner as may
be prescribed.]
6
[(3) Any person aggrieved by such notice may within fifteen days of
the receipt of the notice, apply for composition of offences under section 39-C
and till the time the application is disposed of, the notice shall stand
withdrawn.]
Proviso inserted vide H.P. Act No. 41 of 2013.
Substituted for the words ―five years‖ vide H.P. Act No. 16 of 1994.
Substituted for the words ―such period being not less than one month and not
exceeding three months as may be specified therein‖ vide H.P. Act No. 15 of
2001.
Clause (c) inserted vide H.P. Act No. 41 of 2013.
Sub-section (2) substituted vide H.P. Act No. 41 of 2013.
Sub-section (3) substituted vide H.P. Act No. 15 of 2001.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 38
(4) The foregoing provisions of this chapter, shall so far as may be
applicable, apply to an application under sub-section (3).
1
[(5) If the offence is compounded, the notice shall stand withdrawn,
but if the offence is not compounded, the notice shall stand, or if such offence
is partly compounded, the notice shall stand withdrawn to the extent the
offence is compounded, but shall stand in respect of the offence which is not
compounded, and thereupon the owner shall be required to take steps
specified in the notice under sub-section (1) in respect of the offence not
compounded.]
(6) If within the period specified in the notice or within the same
period after the disposal of the application, the notice or so much of it as
stands is not complied with, the Director may,-
(a) prosecute the owner for not complying with the notice and
whether the notice requires the discontinuance of any use of
land, any other person also who uses the land or causes or
permits the land to be used in contravention of the notice, and
(b) where the notice required the demolition or any alteration of
any building or works or carrying out of any building or other
operations itself, cause the restorations of the land to its
condition before the development took place and secure
compliance with the condition of the permission or with the
permission as modified by taking such steps as the Director
may consider necessary, including demolition or alteration of
any building or works or carrying out of any building or other
operations, and recover the amount of any expenses incurred
by him in this behalf from the owner as arrears of land
revenue.
(7) Any person prosecuted under clause (a) of sub-section (6) shall,
on conviction, be punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to two thousand rupees,
or with both, and in the case of a continuing offence with further fine which
may extend to two hundred and fifty rupees for every day during which the
offence continues after conviction for the first commission of the offence.
2
[39-A. Power to stop development.- (1) Where any development in
any area being commenced in contravention of the development plan or
sectoral plan or without the permission, approval or sanction referred to in
section 15-A (2), 16 or 31 or in contravention of any condition subject to
which such permission, approval or sanction has been granted-
Sub-section (5) substituted vide H.P. Act No. 15 of 2001.
Sections 39-A and 39-B inserted vide H.P. Act No. 16 of 1994.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 39
(i) in relation to a planning area or a special area, the State
Government or an Officer of the State Government
empowered by it in this behalf.
(ii) in relation to any other area within the local limits of a local
authority, the competent authority thereof, may, in addition to
any prosecution that may be instituted under this Act, make
an order requiring the development to be discontinued on and
from the date of the service of the order, and such order shall
be complied with accordingly.
(2) Where such development is not discontinued in pursuance of the
order under sub-section (1) the State Government or the officer of the State
Government or the competent authority, as the case may be, may require any
police officer to remove the person by whom the development has been
commenced and all his assistants and workmen from the place of development
or to seize any construction material, tools, machinery, scaffolding or other
things used in such development within such time, as may be specified in the
requisition and such police officer shall comply with the requisition
accordingly.
(3) Any of the things caused to be seized by the State Government or
the officer of the State Government or the competent authority, as the case
may be, under sub-section (2) shall, unless the owner thereof turns up to take
back such things and pays to the State Government or the officer of the State
Government or the competent authority, as the case may be the charges for the
removal or storage of such things, be disposed of by it or him by public
auction or in such other manner and within such time as the State Government
or the officer of the State Government or the competent authority thinks fit.
(4) The charges for the removal and storage of the things sold under
sub-section (3) shall be paid out of the proceeds of the sale thereof and the
balance, if any, shall be paid to the owner of the things sold on a claim being
made therefor within a period of one year from the date of sale, and if no such
claim is made within the said period, shall be credited to the fund of the State
Government or the competent authority, as the case may be.
(5) If any development the area other than a planning area or the
special area, has been commenced in contravention of the development plan
or sectoral plan or without the permission, approval or sanction referred to in
section 15-A (2), 16 or 31 or in contravention of any conditions subject to
which such permission, approval or sanction has been granted and the
competent authority has failed to make an order under sub-section (1) or, as
the case may be, a requisition, under sub-section (2), within the time that may
be specified in this behalf by the State Government, the State Government
may, after observing such procedure as may be prescribed by rule made in this
behalf, direct any officer to make the order or requisition, as the case may be,
and that officer shall be bound to carry out such direction and the order or
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 40
requisition made by him in pursuance of the direction shall be complied with
accordingly.
(6) After the requisition under sub-section (2) or sub-section (5) has
been complied with, the competent authority or the officer to whom the
direction was issued by the State Government under sub-section (5), as the
case may be, may depute by a written order a police officer or an officer or an
employee of the State Government or local authority concerned to ensure that
the development is not continued.
(7) Any person failing to comply with an order under sub-section (1),
or as the case may be, under sub-section (5), shall be punishable with fine
which may extend to two hundred rupees for every day during which the noncompliance continues after the service of the order.
(8) No compensation shall be claimable by any person for any
damage which he may sustain in consequence of the removal of any
development under section 39 or the discontinuance of the development under
this section.
(9) The provisions of this section shall be in addition to, and not in
derogation of, any other provision relating to stoppage of building operations
contained in any other law for time being in force.
39-B. Power to seal unauthorized development.- (1) It shall be
lawful for the State Government or the competent authority, as the case may
be, at any time, before or after making an order for the removal or
discontinuance of any development under section 39 or section 39-A to make
an order directing the sealing of such development in the manner prescribed
by rules, for the purpose of carrying out the provisions of this Act, or for
preventing any dispute as to the nature and extent of such development.
(2) Where any development has been sealed, the State Government or
the competent authority, as the case may be, may, for the purpose of removing
or discontinuing such development, order the seal to be removed.
(3) No person shall remove such seal except-
(a) under an order made by the State Government or the
competent authority under sub-section (2); or
(b) under an order of the appellate authority or the State
Government made in an appeal under this Act.]
1
[39-C. Power to compound offences.- (1) The Director may, on an
application made to him, accept from any person who has committed an
offence punishable under this Act, by way of composition of such offence, a
sum of money as may be fixed by the State Government by rules.
Section 39-C inserted vide H.P. Act No. 17 of 2000.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 41
(2) On payment of such sum of money to the Director, no further
proceedings shall be taken against such person in respect of such offence.]
CHAPTER VII
TOWN AND COUNTRY DEVELOPMENT AUTHORITY
Establishment of Town and Country Development Authority.-
(1) The State Government may, by notification, establish a Town and Country
Development Authority by such name and for such area as may be specified
in the notification. If the State Government considers the local authority or
authorities or any other authorities like State Housing Board, the State
Government may, by notification, designate such authority or authorities as
the Town and Country Development Authority or Authorities for a particular
area or areas to perform the functions of the Town and Country Development
Authority or Authorities under this Act in addition to their own duties and
functions and in such cases sections 42, 43, 44, 45, 46 and 48 of this Act will
not operate.
(2) The duty of implementing the proposal in the deve1opment plan,
preparing one or more town development schemes, and acquisition and
development of land for the purposes of expansion or improvement of the area
specified in the notification under sub-section (1) shall, subject to the
provisions of this Act, vest in the Town and Country Development Authority
established for the said area.
Incorporation of Town and Country Development Authority.-
Every Town and Country Development Authority shall be a body corporate
by the name specified in the notification under section 40, and shall have
perpetual succession and a common seal, with power to acquire and hold
property, both movable and immovable, and subject to the provisions of this
Act or any rules made thereunder, to transfer any property held by it, to
contract and to do all other things necessary for the purposes of this Act and
may sue and be sued in its corporate name.
1
[42. Constitution of Town and Country Development Authority.-
Save as provided in section 42-A, every Town and Country Development
Authority shall consist of the Chairman and other members not exceeding
twelve to be appointed by the State Government:
Provided that, whenever it is expedient to ensure the efficient
performance of the functions assigned to the Town and Country Development
Authority, the State Government may appoint one or more persons as its ViceChairman and where more than one person is appointed as Vice-Chairman
one of them shall be designated as Senior Vice-Chairman:
Section 42 amended vide H.P. Act No. 1 of 1984 and substituted vide H.P. Act
No. 7 of 1995.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 42
Provided further that the State Government may, if it considers it
necessary so to do, constitute a single member Town and Country
Development Authority.
(2) The Chairman, and in the absence of the Chairman the Senior
Vice-Chairman, and in the absence of both the Chairman and Senior ViceChairman, the Vice-Chairman, shall preside over the meetings of the Town
and Country Development Authority constituted under sub-section (1), The
Senior Vice-Chairman and Vice-Chairman shall, in relation thereto, exercise
such powers and perform such functions as the Chairman may assign to
them.]
1
[42-A. Constitution of Town and Country Development
Authority for the capital town of Himachal Pradesh.- (1) Notwithstanding
anything to the contrary contained in section 42, the Town and Country
Development Authority for the capital town of Himachal Pradesh shall consist
of the Chairman, Vice-Chairman and eight other members to be appointed by
the State Government.
(2) The Chief Minister and the Minister-in-charge of Town and
Country Planning, shall be the ex-officio Chairman and Vice-Chairman of the
Town and Country Development Authority constituted under sub-section (1)
and for the discharge of their duties as such they shall not be entitled to any
emoluments and in relation to them the provisions contained in section 43,
sub-section (3) of section 44, section 45 and section 46 will not operate:
Provided that during the period of any proclamation issued under
Article 356 of the Constitution of India, the Governor may, by notification,
appoint any person to act as the Chairman and the Vice-Chairman of the
Development Authority constituted under this section and the persons so
appointed shall exercise the powers vested in them and perform the functions
assigned to them under the Act during the period the said proclamation issued
under Article 356 continues to be in force and the provisions contained in
sections 43, 44 (3), 45 and 46 shall apply to them.
(3) In the absence of the Chairman, the Vice-Chairman shall preside
over the meeting of the Town and Country Development Authority
constituted under this section and shall, in relation thereto, exercise such
powers and perform such functions as the Chairman may assign to him.]
Term of office of Chairman and other members.- (1) The
names of the Chairman 2
[, Vice-Chairman] and the members shall be notified
in the Official Gazette.
(2) The term of office of the Chairman 3
[, Vice-Chairman] and the
members shall be such as may be prescribed.
Section 42-A inserted vide H.P. Act No. 1 of 1984 effective w.e.f. 20-10-1983.
Inserted vide H.P. Act No. 7 of 1995.
Inserted vide H.P. Act No. 7 of 1995.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 43
(3) The person ceasing to be a Chairman 1
[, Vice-Chairman] or
member by reason of the expiry of his term of office, shall if otherwise
qualified be eligible for reappointment.
Resignation of members and filling of casual vacancy.- (1)
Every person becoming 2
[a Vice-Chairman or a member under section 42]
may at any time resign his office by writing under his hand addressed to the
Chairman, and upon receipt of resignation by the Chairman, the office of the
3
[Vice-Chairman or the member, as the case may be] shall become vacant.
(2) If the State Government considers that the continuance in office of
4
[any Vice-Chairman or any member] is not in the public interest, the State
Government may make an order terminating his appointment and thereupon
he shall cease to be 5
[a Vice-Chairman or a member , as the case may be,] of
the Town and Country Development Authority, notwithstanding that the term
for which he was appointed has not expired.
(3) In the event of a vacancy occurring in the office of the Chairman
6
[, the Vice-Chairman] or any member, the vacancy shall be filled by the State
Government in accordance with the provisions of section 42 and the person so
appointed shall hold office for remainder of the term of his predecessor.
7
[45. Salary and allowances.- (1) The Chairman shall receive such
salary and allowances and shall be subject to such terms and conditions of
service as may be prescribed.
(2) The Senior Vice-Chairman, Vice-Chairman and members may be
paid such allowances as may be prescribed.]
Leave of absence and appointment, etc. of acting Chairman.-
(1) The State Government may grant leave to the Chairman subject to such
terms and conditions as may be prescribed.
8
[(2) Whenever the office of the Chairman falls vacant, on account of
leave under sub-section (1), the Senior Vice-Chairman or whenever the
offices of the Chairman and the Senior Vice-Chairman fall vacant, on account
of leave, the Vice-Chairman shall act as the Chairman.]
Meeting of Town and Country Development Authority.- (1)
The meetings of the Town and Country Development Authority shall be held
at such time and such place as may be laid down by regulations:
Inserted vide H.P. Act No. 7 of 1995.
Substituted for the words ―a member under clause (b) of section 42‖ vide H.P.
Act No. 7 of 1995.
3 . Substituted for the words ―member‖ vide H.P. Act No. 7 of 1995.
Substituted for the words ―any member‖ vide H.P. Act No. 7 of 1995.
Substituted for the words ―a member‖ vide H.P. Act No. 7 of 1995.
Added vide H.P. Act No. 7 of 1995.
Section 45 substituted vide H.P. Act No. 7 of 1995.
Sub-section (2) of section 46 substituted vide H.P. Act No. 7 of 1995.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 44
Provided that until regulations are made in this behalf such meeting
shall be convened by the Chairman.
(2) The quorum of meeting shall, unless otherwise provided by
regulations, be one-third of the total number of members of the Town and
Country Development Authority.
(3) The Town and Country Development Authority shall make
regulations to provide for the conduct of its business.
1
[The Chief Administrator].- (1) There shall be a 2
[Chief
Administrator] of every Town and Country Development Authority who shall
also act as the 3
[Member-Secretary] of the Authority.
(2) 4
[The Chief Administrator] shall be appointed by the State
Government.
Other officers and servants.- (1) Every Town and Country
Development Authority may appoint such other officers and servants as may
be necessary and proper for the efficient discharge of its duties:
Provided that no post shall be created save with prior sanction of the
State Government:
Provided further that the power of appointment shall be subject to
such restrictions as the State Government may, from time to time, impose.
Conditions of service of 5
[the Chief Administrator] and other
officers and servants.- (1) 6
[The Chief Administrator] under section 48 and
other officers and servants appointed under section 49 shall work under the
superintendence and control of the Chairman.
(2) The State Government may make rules in respect of recruitment,
qualifications, appointment, scale of pay, leave, leave allowance, loans,
pension and other service conditions of 7
[the Chief Administrator] and other
officers and servants.
Substituted for the words ―the Chief Executive Officer‖ vide H.P. Act No. 7 of
1995.
Substituted for the words ―the Chief Executive Officer‖ vide H.P. Act No. 7 of
1995.
Substituted for the word ―Secretary‖ vide H.P. Act No. 1 of 1984 effective w.e.f.
20-10-1983.
Substituted for the words ―the Chief Executive Officer‖ vide H.P. Act No. 7 of
1995.
Substituted for the words ―the Chief Executive Officer‖ vide H.P. Act No. 7 of
1995.
Substituted for the words ―the Chief Executive Officer‖ vide H.P. Act No. 7 of
1995.
Substituted for the words ―the Chief Executive Officer‖ vide H.P. Act No. 7 of
1995.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 45
Town development schemes.- A town development scheme may
make provision for any of the following matters:-
(i) acquisition, development and sale or leasing of land for the
purpose of town expansion;
(ii) acquisition, relaying out of, rebuilding or relocating areas
which have been badly laid out or which have developed or
degenerated into a slum;
(iii) acquisition and development of land for public purposes such
as housing development, development of shopping centres,
cultural centres, administrative centres;
(iv) acquisition and development of areas for commercial and
industrial purposes;
(v) undertaking of such building or construction work as may be
necessary to provide housing, shopping, commercial or other
facilities ;
(vi) acquisition of land and its development for the purpose of
laying out or remodelling of road and street pattern;
(vii) acquisition and development of land for play-grounds, parks,
recreation centres and stadium;
(viii) reconstruction of plots for the purpose of buildings, roads,
drains, sewerage lines and other similar amenities;
(ix) any other work of a nature such as would be about environmental improvements which may be taken up by the authority
with the prior approval of the State Government.
Preparation of town development scheme.- (1) The Town and
Country Development Authority may, at any time, declare its intention to
prepare a town development scheme.
(2) Not later than thirty days from the date of such declaration or
intention to make a scheme, the Town and Country Development Authority
shall publish the declaration in the Official Gazette and in such other manner
as may be prescribed.
(3) Not later than two years from the date of publication of the
declaration under sub-section (2), the Town and Country Development
Authority shall prepare a town development scheme in draft form and publish
it in such form and manner as may be prescribed together with a notice
inviting objections and suggestions from any person with respect to the said
draft development scheme before such date as may be specified therein, such
date being not earlier than thirty days from the date of publication of such
notice.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 46
(4) The Town and Country Development Authority shall consider all
the objections and suggestions as may be received within the period specified
in the notice under sub-section (3) and shall, after giving a reasonable
opportunity to such persons affected thereby as are desirous of being heard, or
after considering the report of the committee constituted under sub-section
(5), approve the draft scheme as published or make such modifications therein
as it may deem fit.
(5) Where the town development scheme relates to reconstitution of
plots, the Town and Country Development Authority shall, not withstanding
anything contained in sub-section (4), constitute a committee consisting of
1
[the Chief Administrator] of the said authority and two other members of
whom one shall be representative of the Himachal Pradesh Housing Board
and the other shall be an officer of the Public Works Department not below
the rank of an Executive Engineer nominated by the Chief Engineer, Public
Works Department for the purpose of hearing objections and suggestions
received under sub-section (3).
(6) The Committee constituted under sub-section (5) shall consider
the objections and suggestions and give hearing to such persons as are
desirous of being heard and shall submit its report to the Town and Country
Development Authority within such time as it may fix along with proposals
to-
(i) define and demarcate the areas allotted to or reserved for
public purposes;
(ii) demarcate the reconstituted plots;
(iii) evaluate the value of the original and the constituted plots;
(iv) determine whether the areas reserved for public purpose are
wholly or partially beneficial to the residents within the area
of the scheme;
(v) estimate and apportion the compensation to or contribution
from the beneficiaries of the scheme on account of the
reconstitution of the plot and reservation of portions for
public purpose;
(vi) evaluate the increment in value of each reconstituted plot and
assess the development contribution leviable on the plot
holder:
Provided that the contribution shall not exceed half the
accrued increment in value;
(vii) evaluate the reduction in value of any reconstituted plot and
assess the amount payable therefor.
Substituted for the words ―the Chief Executive Officer‖ vide H.P. Act No. 7 of
1995.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 47
(7) Immediately after the town development scheme is approved
under sub-section (4) with or without modifications, the Town and Country
Development Authority shall publish in the Official Gazette and in such other
manner, as may be prescribed, a final town development scheme and specify
the date on which it shall come into operation.
Power to revise the development schemes.- The Director may,
at any time, but not later than two years from the date of publication of the
final town development scheme under section 52, on his own motion or on an
application filed within thirty days of such publication of the final scheme by
any person aggrieved by the final scheme, call for and examine the record of
any scheme for the purpose of satisfying himself as to the correctness of the
order passed by the Town and Country Development Authority, or as to the
regularity of any proceedings of such authority and when calling such record
direct that the execution of the scheme be suspended. The Director may, after
examining the record, pass such order as he thinks fit and his order shall be
final:
Provided that no order shall be passed unless the person affected
thereby and the Town and Country Development Authority have been given a
reasonable opportunity of being heard.
Power of State Government to give directions.- (1) The State
Government may, if it considers necessary in public interest so to do, give
directions to the Town and Country Development Authority-
(a) to frame a town development scheme;
(b) to modify a town development scheme during execution;
(c) to revoke a town development scheme, for reasons to be
specified in such direction:
Provided that no direction to modify or revoke a town development
scheme shall be given unless the Town and Country Development Authority
is given an opportunity to present its case.
(2) The direction given by the State Government under this section
shall be binding on the Town and Country Development Authority.
Restriction on land use and development.- As from the date of
publication of declaration to prepare a town development scheme no person
shall, within the area including in the scheme, institute or change the use of
any land or building or carry out any development save in accordance with the
development authorised by the Director in accordance with the provisions of
this Act prior to the publication of such declaration.
Lapse of scheme.- If the Town and Country Development
Authority fails to implement the town development scheme within a period of
three years from the date of publication of the final scheme under section 52,
it shall, on the expiration of the said period of three years, lapse.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 48
Town development scheme a public purpose.- Land needed for
the purpose of town development scheme shall be deemed to be a land needed
for public purpose within the meaning of the Land Acquisition Act, 1894 (1 of
1894).
Acquisition of land for Town and Country Development
Authority.- The Town and Country Development Authority may at any time
after the date of publication of the final town development scheme under
section 52 but not later than three years therefrom, proceed to acquire by
agreement the land required for the implementation of scheme and, on its
failure so to acquire, the State Government may, at the request of the Town
and Country Development Authority, proceed to acquire such land under the
provisions of the Land Acquisition Act, 1894 (1 of 1894) and on the payment
of amount awarded under that Act and any other charges incurred by the State
Government in connection with the acquisition, the land shall vest in the
Town and Country Development Authority subject to such terms and
conditions as may be prescribed.
Developments.- (1) The Town and Country Development
Authority shall take necessary steps to develop the land vested in it under
section 58 in accordance with the provisions on the town development
scheme:
Provided that if the State Government or the Director has, after such
enquiry as may be necessary, reason to believe that the Town and Country
Development Authority is not taking adequate steps to develop the land has
deviated from the final scheme, it/he may give such directions to that
authority as may be considered necessary in the circumstances.
(2) The directions given under this section shall be binding on the
Town and Country Development Authority and that authority shall give effect
to them forthwith.
Disposal of land, building and other development works.-
Subject to such rules as may be made by the State Government in this behalf,
the Town and Country Development Authority shall, by regulation, determine
the procedure for the disposal of development lands houses, building and
other structures.
Development charges.- (1) Where, as a result of the
implementation of town development schemes, there is in the opinion of the
Town and Country Development Authority, an appreciation in the market
value of lands adjacent to and affected by a scheme the Town and Country
Development Authority may, in lieu of providing for the acquisition of such
land, levy development charges on Owners of such land.
(2) The development charges shall be an amount equal to not less than
one-forth and more than one-third of the difference between the value of the
land on the date of publication of the intention to prepare the town
development scheme and the date of completion of the scheme.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 49
Mode of levy.- (1) On completion of the town development
scheme, the Town and Country Development Authority, shall, by a notice in
such form and published in such manner as may be prescribed, declare the
fact of such completion and of its intention to levy development charges in the
area covered by the scheme, calling upon owners of land liable to pay
development charges to submit objection, if any, within such period which
shall not be less than thirty days from the date of publication of the notice.
(2) The authority specified in the notice shall, after giving the
objectors an opportunity to be heard, forward the report to the Town and
Country Development Authority.
(3) On receipt of the report under sub-section (2), the Town and
Country Development Authority shall pass such orders thereon as it may
consider fit.
(4) The Town and Country Development Authority shall, not later
than three months after the publication of a notice declaring its intention to
levy development charges, issue a notice in the prescribed form, assessing the
charge due from every person affected by the levy of charges.
(5) Where the assessment is accepted, it shall be final. If, however,
the assessment is not accepted, the person aggrieved may, within thirty days
of the publication of notice, file an application in writing before the Revenue
Officer not below the rank of Sub-Divisional Officer as may be authorised by
the State Government in this behalf.
(6) The Revenue Officer may, after giving the applicant and the Town
and Country Development Authority an opportunity to be heard, pass such
orders on the application as he may deem fit under the circumstances and
orders so passed shall be final.
(7) After the final determination of the assessment the Town and
Country Development Authority shall cause a notice to be served on each
assessee, asking him to pay the development charges within a period of sixty
days from the date of receipt of the notice by him.
(8) Any payment made after the expiration of the period specified in
the notice under sub-section (7) shall carry simple interest at 10 per cent per
annum as from the date of the receipt of the notice by the assessee.
(9) The Town and Country Development Authority may, on an
application made to it in that behalf, permit assessee to make payment of
development charges in annual instalments not exceeding five and fix a date
by which each instalment shall be payable.
(10) Where permission is granted to make payment in instalments the
amount of development charges shall carry a simple interest at fifteen percent
per annum as from the date of the receipt of, notice under sub-section (7) and
the interest due shall be payable along with each instalment.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 50
Fund of Town and Country Development Authority.- The
Town and Country Development Authority shall have its own fund and all
receipts of that authority shall be credited thereto and all payments by that
authority shall be made therefrom.
Annual budget.- (1) 1
[The Chief Administrator] or any other
officer designated to act as 2
[the Chief Administrator] shall cause to be
prepared not later than the 10th of March every year a statement of annual
income and expenditure, giving the estimates and actuals of the past year and
the estimates of the next financial year.
(2) The annual statement (hereinafter called the budget) to be
prepared shall be placed by 3
[the Chief Administrator] or any other officer
designated to act as 4
[the Chief Administrator], with the prior approval of the
Chairman, before the Town and Country Development Authority.
(3) The Town and Country Development Authority shall consider the
budget so submitted to it and sanction the same either unaltered, or subject to
such alterations as it may think fit.
(4) A copy of the budget as sanctioned under sub-section (3) shall be
submitted to the State Government and the Director.
(5) The State Government may direct the Town and Country
Development Authority to make such modification in the budget as may be
deemed necessary.
(6) The Town and Country Development Authority shall within thirty
days of the date of receipt of such directions either accept the modification or
make further submission to the State Government.
(7) The State Government, after considering the submissions of the
Town and Country Development Authority, shall pass such orders thereon as
may be deemed fit and from the date of such orders, the budget shall be
deemed to be in force, with modifications ordered by the Government.
Power to borrow money.- Subject to such terms and conditions
as may be prescribed in the Town and Country Development Authority may,
with the prior sanction of the State Government, issue debentures or borrow
money from Government 5
[or other financial institutions] or the open market
for all or any of the purposes of this Act.
Substituted for the words ―the Chief Executive Officer‖ vide H.P. Act No. 7 of
1995.
Substituted for the words ―the Chief Executive Officer‖ vide H.P. Act No. 7 of
1995.
Substituted for the words ―the Chief Executive Officer‖ vide H.P. Act No. 7 of
1995.
Substituted for the words ―the Chief Executive Officer‖ vide H.P. Act No. 7 of
1995.
Inserted vide H.P. Act No. 1 of 1984 effective w.e.f. 20-10-1983.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 51
CHAPTER VIII
SPECIAL AREAS
(1) If any area, town or township is designated as a special area in
the regional plan or if the State Government is otherwise satisfied that it is
expedient in the public interest that any area, town or township should be
developed as a special area, it may, by notification, designate the area as a
special area, which shall be known by such name as may be specified therein.
(2) Such notification shall define the limits of special area.
(3) The State Government may, by notification,-
(a) alter the limits of the special area so as to include therein or
exclude therefrom such area as may be specified in the
notification;
(b) declare that the special area shall cease to be so.
(4) Notwithstanding anything contained in the 1
[the Himachal Pradesh
Municipal Corporation Act, 1994, the Himachal Pradesh Municipal Act, 1994
and the Himachal Pradesh Panchayati Raj Act, 1994], the Municipal
Corporation, 2
[Municipal Council, Nagar Panchayat or a Gram Panchayat], as
the case may be, shall, in relation to the special area and as from the date the
Special Area Development Authority undertakes the functions under clause
(v) or clause (vi) of section 70 cease to exercise the powers and perform the
functions and duties which the Special Area Development Authority is
competent to exercise and perform under this Act.
3
[67. Special Area Development Authority.- (1) Every special area
shall have a Special Area Development Authority which shall consist of-
(a) the Chairman; and
(b) such other members as the State Government may determine
from time to time,
who shall be appointed by the State Government.
(2) The State Government may, if consider expedient, appoint ViceChairman or Chief Executive Officer or both, for any Special Area
Development Authority.
(3) The Chief Executive Officer shall be a whole time officer of the
Special Area Development Authority who shall receive such salary and
Substituted for the words ―Himachal Pradesh Municipal Act, 1968 and the
Himachal Pradesh Panchayati Raj Act, 1968‖ vide H.P. Act No. 15 of 2001.
Substituted for the words ―Municipal Committee, Notified Area Committee or a
Panchayat‖ vide H.P. Act No. 15 of 2001.
Section 67 amended vide H.P. Act No. 14 of 1984 and substituted vide H.P. Act
No. 22 of 2006, effective from 4th July, 2006.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 52
allowances and shall be subject to such terms and conditions as may be
determined by the State Government.
(4) The Chairman, Vice-Chairman and members shall not be entitled
to any salary but shall receive such allowances as may be prescribed.
(5) The Chief Executive Officer shall exercise such powers and
perform such duties as may be specified by regulations made by the said
Authority.].
1
[68. Incorporation of Special Area Development Authority.- (1)
Every Special Area Development Authority shall be a body corporate with
perpetual succession and a common seal, unless abolished, with power to
acquire, hold and dispose of property, both movable and immovable, and to
contract and shall sue and be sued by the name specified in the notification
under sub-section (1) of section 66.
(2) The State Government may, by notification in the Official
Gazette, abolish the Special Area Development Authority constituted under
section 67 of the Act from such date as may be specified therein and the said
Authority shall stand abolished accordingly.
(3) On and with effect from the date of abolition of the Special Area
Development Authority all properties, assets, liabilities, funds, dues and staff
which are realizable and vested in the said Authority shall be realizable and
shall vest in such authority or corporation or agency, as the case may be, as
the State Government may decide.]
Staff.- (1) Every Special Area Development Authority may
appoint officers and servants as may be necessary and proper for the efficient
discharge of its duties:
Provided that no post shall be created save with the prior sanction of
the State Government.
(2) The State Government may make rules in respect of recruitment,
qualification, appointment, scale of pay; leave allowance and their conditions
of service of the officers and servants, appointed under sub-section (1).
Functions.- The functions of the Special Area Development
Authority shall be,-
(i) to prepare, if required to do so, the development plan for the
special area;
(ii) to implement the development plan after its approval by the
State Government;
Section 68 substituted vide H.P. Act No. 22 of 2006, effective from 4th July,
2006.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 53
(iii) for the purpose of implementation of the plan, to acquire,
hold, develop, manage and dispose of land and other
property;
(iv) to carry out construction activity and to provide such utilities
and amenities as water, electricity, drainage and the like;
(v) to provide the municipal services as specified in the Himachal
Pradesh Municipal Act, 1
[1994];
(vi) to provide for the municipal management of the special area
in the same manner as is provided in the Himachal Pradesh
Municipal Act, 2
[1994];
(vii) to otherwise perform all such functions with regard to the
special area as the State Government may, from time to time,
direct:
Provided that functions specified in clauses (v) and (vi) shall not be,
performed unless so required by the State Government.
Powers.- The Special Area Development Authority shall3
[(a) for the purpose of acquisition of land make a request to the
State Govt. to acquire land for public purpose under the
provision of 4
[Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act,
2013] };
(b) for the purpose of planning, exercise the powers which the
Director has under this Act 5
[except CHAPTERS IX-A and
IX-B]; and
(c) for this purpose the municipal administration, have the
powers which a Municipal 6
[Council has under the Himachal
Pradesh Municipal Act, 1994].
Fund of Special Area Development Authority.- (1) Every
Special Area Development Authority shall have its own fund and all receipts
of that authority shall be credited thereto and all payments of that authority
shall be made therefrom.
Substituted for the figure ―1968‖ vide H.P. Act No. 15 of 2001.
Substituted for the figure ―1968‖ vide H.P. Act No. 15 of 2001.
Section 71(a) substituted vide H.P. Act No. 2 of 2007.
Substituted for the words, figures and signs ―Land Acquisition Act, 1894‖ vide
H.P. Act No. 14 of 2015.
Inserted vide H.P. Act No. 14 of 2015.
Substituted for the words ―Committee has under the Himachal Pradesh Municipal
Act, 1968‖ vide H.P. Act No. 15 of 2001.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 54
(2) The Special Area Development Authority shall levy the
development charge in the manner as prescribed under sections 61 and 62 of
this Act.
1
[(2a) The Special Area Development Authority may levy
infrastructure and maintenance charges at such rates as may be prescribed on
the commercial establishments including industries, hotels, brick kiln,
apartments, shopping mall etc. which may be utilized on development and
maintenance of infrastructure like roads, parks, parking etc. with the prior
approval of the Government.]
(3) The Special Area Development Authority may for all or any of the
purposes of this Act-
(a) accept grants from the State Government or a local authority;
(b) raise loans, subject to such terms and conditions as may be
prescribed.
Annual estimates.- (1) The Chairman shall lay, not later than 10th
of March every year, before the Special Area Development Authority an
estimate of the income and of the expenditure of that authority for the year
commencing on the first day of April next ensuing in such detail and form as
that authority may from time to time direct.
(2) Such estimates shall make provision for the due fulfilment of all
liabilities of the Special Area Development Authority and for the efficient
implementation of this Act and shall be complete and a copy thereof shall be
sent to each member of that authority at least ten clear days prior to the
meeting before which the estimate is to be laid.
(3) The Special Area Development Authority shall consider the
estimate so submitted and shall sanction the same either unaltered or subject
to such alterations as it may think fit.
(4) The estimates so sanctioned shall be submitted to the State
Government who may approve the same with or without modifications.
(5) If the State Government approves the estimates with
modifications, the Special Area Development Authority shall proceed to
amend the same and the estimates so modified and amended shall be in force
during the year.
CHAPTER IX
CONTROL
Power of State Government of supervision and control.- The
State Government shall have power of superintendence and control over the
acts and proceedings of the officers appointed under section 3 and the
authority constituted under this Act.
Sub-Section (2a) inserted vide H.P. Act No. 14 of 2015.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 55
Power of State Government to give directions.- (1) In the
discharge of their duties the officers appointed under section 3 and the
authority constituted under this Act shall be bound by such directions on
matters of policy as may be given to them by the State Government.
(2) If any dispute arises between the State Government and any
authority as to whether a question is or is not a question of policy, the decision
of the State Government shall be final.
Power of Government to review plans etc. for ensuring
conformity.- Notwithstanding anything contained in any other enactment for
the time being in force, the State Government may, with a view to
ascertaining that no repugnancy exists or arises with the provisions of this Act
or the rules made thereunder, review the town improvement schemes, building
plans or any permission for construction sanctioned or given by any authority
under development plans, sanctioned under any enactment for the time being
in force and may revoke, vary, or modify any scheme, plan, permission or
sanction in conformity with the provisions of this Act:
Provided that no order under this section shall be made without giving
a reasonable opportunity of being heard to the persons affected thereby.
Delegation of powers.-
1
{(1) The State Government may, by
order notified in the Official Gazette, direct that any power either exercisable
by it or by the Director, under this Act (not being the power to make rules)
may also be exercised, in such cases and subject to such conditions, if any, as
may be specified in such order, by its such officer 2
[, registered private
professional] or authority or the officer of the authority as may be specified
therein:}
3
[Provided that in case the powers are delegated to Municipal
Corporation, Municipal Council or Nagar Panchayat 4
[or the Panchayati Raj
Institutions], the Government may, by notification, permit such authorities to
utilise the fee collected under the provisions of Himachal Pradesh Town and
Country Planning Rules, 1978, toward their local fund.]
(2) Subject to such restrictions as may be imposed by the State
Government by a general or special order, the Director, may, by an order in
writing, delegate to any officer subordinate to him all or any powers
exercisable by him under this Act or the rules made thereunder, other than the
power to hear appeal and revision.
Dissolution of authorities.- (1) Whenever in the opinion of the
State Government the continued existence of any authority constituted under
this Act is un-necessary or undesirable, the State Government may, by
Sub-section (1) substituted vide H.P. Act No. 11 of 1997.
2 Inserted vide H.P. Act No. 7 of 2018.
Proviso added vide H.P. Act No. 15 of 2001.
Inserted vide H.P. Act No. 41 of 2013.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 56
notification, declare that such authority shall be dissolved from such date as
may be specified therein and the authority shall stand dissolved accordingly.
(2) As from the said date–
(a) all the properties, funds and dues which are vested in or
realizable by the authority, shall vest in, or be realisable by,
the State Government;
(b) all liabilities which are enforceable against the authority shall
be enforceable against the State Government;
(c) for the purpose of realising properties, funds, and dues
referred to in clause (a), the function of the authority shall be
discharged by the State Government;
(d) all powers and functions to be exercised or discharged by the
authority under this Act shall be exercised and discharged by
the Director and for that purpose any reference in this Act to
the said authority shall be construed as a reference to the
Director.
1
[XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX]
CHAPTER X
MISCELLANEOUS
Right of entry.- (1) Without prejudice to any other provisions of
this Act the Director or any authority established under this Act may enter into
or upon, or cause to be entered into or upon, any land or building for the
purpose of the preparation of plan or scheme under this Act for-
(a) making any measurement or surveyor taking levels of such
land or building;
(b) setting out or marking boundaries and intended lines of development;
(c) making such levels boundaries and lines by placing marks
and cutting trenches;
(d) examining works under construction and ascertaining the
course of sewers and drains;
(e) ascertaining whether any land is being or has been developed
in contravention of any provision of this Act or the rules or
the regulations made thereunder:
Provided that-
CHAPTER IX-A and CHAPTER IX-B inserted vide H.P. Act No. 41 of 2013and
omitted vide H.P. Act No. 7 of 2018..
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 57
(i) in the case of any building used as a dwelling house, or
upon any enclosed part of garden attached to such a
building, no such entry shall be made except between the
hours of sunrise and sunset or without giving its
occupier at least 24 hours notice in writing of the
intention to enter;
(ii) sufficient opportunity shall in every instance be given to
enable women (if any) to withdraw from such land or
building;
(iii) due regard shall always be had so far may be compatible
with the exigencies of the purpose for which the entry is
made, to the social and religious usages of the occupants
of the land or building entered.
(2) Any person who obstructs the entry of an officer empowered or
duly authorised under this section to enter into or upon any land or building or
molests such officer after such entry shall, on conviction, be punished with
simple imprisonment for a term which may extend to three months, or with a
fine which may extend to five hundred rupees, or with both.
Jurisdiction of Court.- No court inferior to that of Magistrate of
the first class shall try an offence punishable under this Act.
Cognizance of offences.- No court shall take cognizance of any
offence under this Act except on a complaint in writing made over the
signature of an officer duly authorised by the Director or a Town and Country
Development Authority or a Special Area Development Authority, as the case
may be.
Member and officers to be public servants.- Every member and
every officer of any authority established under this Act shall be deemed to be
a public servant within the meaning of section 21 of the Indian Penal Code,
1860 (45 of 1860).
Suit and other proceedings.- No suit, prosecution or other legal
proceedings shall lie against any person for anything which is in good faith
done or intended to be done under this Act or any rules made thereunder.
1
[83-A. Restriction on grant of Electricity, Water or Sewerage
connection.- No electricity, water or sewerage connection shall be given to
any person within the Planning or Special area constituted under the Act,
unless a No Objection Certificate has been obtained by such person from the
Director or the Special Area Development Authority, as the case may be:]
2
[Provided that the service providing authorities shall disconnect the
service connections forthwith of a building or land, in case any deviations
Section 83-A inserted vide H.P. Act No. 15 of 2001.
Proviso inserted vide H.P. Act No. 14 of 2015.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 58
from the approved plan or un-authorized constructions is brought to the notice
of such authorities by the Director or the officer vested with the powers of the
Director.]
Vacancy not to invalidate proceedings.- No act of a Town and
Country Development Authority or a Special Area Development Authority or
any of its committee shall be invalid merely by reasons of-
(a) any vacancy in, or defect in the constitution thereof; or
(b) any defect in the appointment of a person acting as a Chairman or
member thereof; or
(c) any irregularity in the procedure thereof not affecting the merits of
the case.
Member to continue till successor enters upon office.- A
Chairman or a member of a Town and Country Development Authority or a
Special Area Development Authority shall, notwithstanding the expiration of
his term, continue to hold office till his successor enters upon office.
Interpretation or regional plan etc.- (1) If any question arises
regarding the interpretation of any regional plan, the matter shall be referred
to the Director who shall pass such order thereon as he may deem fit.
(2) Any person aggrieved by the decision of the Director may prefer
an appeal to the State Government within such time and in such manner as
may be prescribed.
(3) The decision of the State Government and subject to the decision
of the State Government, the decision of the Director shall be final.
CHAPTER XI
RULES AND REGULATIONS
Powers to make rules.- (1) The State Government may, after
previous publication, 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-
(i) other categories of officers which may be appointed
under section 3(1);
(ii) the form and manner of publication of notice inviting
objections and suggestions under section 8(1);
(iii) the manner of publication of the regional plan under
section 9(2);
(iv) the manner of publication of an existing land use map
under section 15 for inviting objections and suggestions;
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 59
(v) the regulation of the forms and contents of interim
development plan under section 17;
(vi) the manner of publication of the draft development plan
under section 19(1);
(vii) the manner of publication of public notice under section
20(4);
(viii) the documents and plans which shall accompany the
information under section 28(1);
(ix) (a) the form of application under section 30 (1), the particular
which such application shall contain and the documents
which shall accompany such application;
(b) the fee which shall be accompanied with the application
under section 30(2);
(x) the form in which permission shall be granted under
section 31(3);
(xi) the manner of communication of order under section 31
(4);
1
[(xi-a) the Form in which Structural Stability Certificate is to be
furnished under section 31-A of the Act;]
(xii) the manner in which the appeal shall be made and the fees
which shall accompany such appeal under section 32 (1);
(xiii) the time within which, the manner in which and the
documents together with which a notice shall be served
under section 35(1);
(xiv) the manner in which amount in lieu of expenditure incurred
after the grant of permission may be assessed under
section 37 (1);
2
[(xiv-a) the manner in which an application shall be made under
section 39-C of the Act and the amount to be charged for
composition of offence;]
(xv) the manner in which an application shall be made under
section 39(3) ;
3
[(xv-a) the rates at which, and conditions subject to which, the
salary and allowances to be paid to the Chairman, ViceChairman and members under section 45;]
Clause (xi-a) inserted vide H.P. Act No. 15 of 2001.
Clause (xiv-a) inserted vide H.P. Act No. 15 of 2001.
Clause (xv-a) added vide Act No. 7 of 1995.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 60
(xvi) the manner of publication of declaration under section 52
(2);
(xvii) the form in which and the manner in which the town
development schemes in draft form shall be published
under section 52 (3);
(xviii) the manner in which the final town development scheme
shall be published under section 52 (7);
(xix) the terms and conditions subject to which the land shall
vest in the Town and Country Development Authority
under section 58;
(xx) (a) the form in which and the manner in which a notice shall
be published under section 61 (1); .
(b) the form in which a notice shall be issued under section
62 (4);
(xxi) the terms and conditions subject to which the Town and
Country Development Authority may issue debentures or
borrow money under section 65;
(xxii) the terms and conditions subject to which loans may be
raised under section 72(2); and
1
[(xxiii) any other matter for which Building Regulations or ByeLaws may be made including the matters relating to the
development control and natural hazard prone area; and
(xxiv) any other matter for which rules may be made.]
Regulations.- (1) A Town and Country Development Authority or
a Special Area Development Authority, as the case may be, may, subject to
the provisions of this Act and the rules made thereunder, make regulations
generally to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such regulations may provide for-
(a) the summoning and holding of meetings, the time and place
where such meetings shall be held; and the conduct of
business thereat;
(b) procedure for disposal of developed lands, houses, buildings
and other structures under section 60;
(c) the management of property and the maintenance and audit of
accounts ;

1 Clause (xxiii) to (xxxviii) substituted for clause (xxiii) vide H.P. Act No. 41 of
2013 and again clauses (xxviii) and (xxiv) substituted for clauses (xxviii) to
(xxxviii) vide H.P. Act No. 7 of 2018.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 61
(d) the mode of appointment of committees, summoning and
holding of meetings, and the conduct of business of each such
committee;
(e) such other materials as may be necessary for the exercise of
the powers and performance of duties and functions by the
Town and Country Development Authority or the Special
Area Development Authority, as the case may be, under this
Act.

Power to lay the rules and regulations.- Every rule made under
section 87 or the regulations made under section 88 shall be laid, as soon as
may be after it is made, before the Legislative Assembly of Himachal Pradesh
while it is in session for a total period of fourteen days which may be
comprised in one session or in two successive sessions; and if, before the
expiry of the session in which it is so laid or the session immediately
following, the Legislative Assembly agrees in making any modification in the
rule or regulation, as the case may be, or decides that the rule or regulation
should not be made, the rule or regulation, as the case may be, 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 or
regulation.
Repeal and savings.-
1
[(1)] The Punjab Town Improvement Act,
1922 (4 of 1922), as in force in the areas added to Himachal Pradesh under
section 5 of the Punjab Reorganization Act, 1966 (31 of 1966), and the
Himachal Pradesh Town and Country Planning Ordinance, 1977 (2 of 1977),
are hereby repealed.
Notwithstanding such repeal, anything done or any action taken or
purporting to have been done or taken (including any rules, notifications or
orders made or issued), in exercise of any power conferred by or under the
said Act or the Ordinance shall, so far as it is not inconsistent with the
provisions of this Act, be deemed to have been done or taken under this Act.
2
{(2) The Himachal Pradesh Apartment and Property Regulation Act,
2005 (Act No. 21 of 2005) is hereby repealed.
3
[(3) The repeal of the Act under sub-section (2) or omission of
Chapters IX-A and IXB (hereinafter referred to as ―the said Chapters‖) shall
not affect,-
(i) the previous operation of, or anything duly done or suffered;
(ii) any right, privilege, obligation, delegation or liability
acquired, accrued or incurred;
Existing section 90 renumbered as sub-section (1) vide H.P. Act No. 41 of 2013.
Sub-sections (2) to (4) inserted vide Act No. 41 of 2013.
Sub-section (3) substituted vide H.P. Act No. 7 of 2018.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 62
(iii) any penalty, forfeiture or punishment incurred in respect of
any offence;
(iv) any investigation, legal proceedings or remedy in respect of
any such right, privilege, obligation, liability, penalty,
forfeiture, or punishment; and
(v) any such investigation, legal proceedings or remedy may be
instituted, continued or enforced, or any such penalty,
forfeiture and punishment may be imposed, as if, the
aforesaid Act or the said Chapters had not been repealed or
omitted.}
(4) Notwithstanding such repeal anything done or any action taken
under the Act so repealed under sub-section(2) 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.]

1
[APPENDIX-I
APPLICATION FORM FOR COMPOSITION OF DEVIATIONS AND
UN-AUTHORISED CONSTRUCTIONS/DEVELOPMENTS
No……………………………………… Dated…………..…
To
The………………………………………………………..
……………………………………………………………..
……………………………………………………………..
Sir/Madam,
I/We hereby apply for composition of deviations/unauthorized
constructions/developments having carried out on land bearing Khasra
No……Khata/Khatauni No.………measuring…………M2 situated at
Mauza………… Pargana……………………. Tehsil……………… District………….…
Himachal Pradesh. My/our original/revised/retained map was approved vide
No………………………..dated…………. (Strike out if no map was approved).

Inserted vide H.P. Act No. 1 of 2017, effective from 15th June, 2016 and shall
remain in force for one year from the date publication i.e. 30th January, 2017.
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 63
(a) Details of deviations/unauthorized constructions/developments
carried out are as under :—
(I) Schedule of Area :
(i) Built up Area = M2
(ii) Open area = M2
(iii) Total Plot Area = M2
(II) Schedule of Open Spaces :
(i) Front Set Back = M
(ii) Left Side Set Back = M
(iii) Right Side Set Back = M
(iv) Rear Set Back = M
(III) Deviations in the Set Backs (Storey wise) :
(i) Ground Storey = M2
(ii) First Storey = M2
(iii) Second Storey = M2
(iv) Third Storey = M2
(v) Fourth Storey = M2
(vi) Fifth Storey = M2
(vii) …… Storey = M2
(b) The following documents are enclosed herewith :—
(i) two sets of Location Plan in the scale of 1:1000;
(ii) two sets of Site Plan in the scale of 1:200, clearly
showing the building within Tatima dimensions and
also showing all drainage lines, sewerage connection or
location of septic tank, soak pit, rain water harvesting
tank, solar passive arrangement and house drainage;
(iii) two sets of detailed architectural drawings of the
existing building/proposed construction showing each
storey with two cross-sections and two elevations of the
building in the scale of 1:100. These drawings are in the
form of working drawing showing all the dimensions of
rooms, openings, thickness of wall, floor and slab etc.;
(iv) two sets of photographs taken from all sides of the
building, clearly showing the number of storeys;
(v) one copy of latest original Jamabandi;
THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 64
(vi) one copy of original Tatima showing dimensions of
plot;
(vii) one copy of Structural Stability Certificate from a
qualified Structural Engineer;
(viii) affidavit to the effect that building has been
constructed,-
(a) on own land and has not encroached upon any
Government or other person’s land;
(b) that applicant has not raised construction over the
controlled width of roads or that the road was
notified as the National Highway/ State
Highway/District Road after the construction of the
building;
(c) that there is no pending litigation in respect of land
or building in question with any person or
authority; and
(d) that the applicant will not object for laying of any
civic amenities.
Certified that the Plans have been prepared by
Sh./Smt./Ms………………(Name and address of the Registered Architect/
Planner/ Engineer/Draughtsman), having Registration No.……………….
dated………..and the Structural Stability Certificate has been issued by
Sh./Smt./Ms………………………….(Name and address of the qualified Structural
Engineer.
Enclosures : As above.
Yours faithfully,
Name……………………………….
Address…………………………….
Phone No………………………….
e-mail………………………..‖.

The Himachal Pradesh Town and Country Planning Act, 1977

APPENDIX

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