PREVENTION OF RIBBON
DEVELOPMENT ACT, 2007 (1950 A . D.)
(Act No. XXVI of Samvat 2007)
THE PREVENTION OF RIBBON DEVELOPMENT
ACT, 2007 (1950 A . D.)
(Act No. XXVI of Samvat 2007)
CONTENTS
Preamble.
SECTION.
- Short title, extent and commencement.
- Definitions.
- Prohibition to erect buildings.
- The power of Chief Engineer to demolish a building erected.
4-A. Contravention to constitute offence and penalty.
4-B. Effect of orders inconsistent with other enactments. - Compensation.
- Appeal.
- Limitation.
- Rule making power.
––––––
PREVENTION OF RIBBON DEVELOPMENT ACT, SAMVAT 2007 67
THE PREVENTION OF RIBBON DEVELOPMENT
ACT, 2007 (1950 A. D.)
(Act No. XXVI of Samvat 2007)
[Promulgated by Shree Yuvaraj under section 5 of the Jammu and
Kashmir Constitution Act, 1996, and published in the Government Gazette
dated 23rd Chet, 2007.]
An Act to regulate erection of buildings alongside public roads.
Preamble.–– Whereas, it is expedient to regulate the erection of buildings
alongside 1
[public] roads in the *[Jammu and Kashmir State] for the purpose
hereinafter mentioned.
Now, therefore, in exercise of the powers reserved under section 5 of the
the Jammu and Kashmir Constitution Act, 1996, read with proclamation issued
by His Highness and published in an Extraordinary issue of the Government
Gazette, dated 7th Har, 2006, Yuvaraj Shree Karan Singh Ji Bahadur is pleased
to enact as follows :–– - Short title, extent and commencement. ––(1) This Act may be called
the Prevention of Ribbon Development Act, 2007.
(2) It shall extend to 2
[the whole of the Union territory of Jammu and
Kashmir] excepting the areas 3
[other than roads maintained by the 4
[Central
Government or the Public Works Department of the 5
[State]] included within
the limits of municipalities and town areas.
6
(3) It shall come into force on such date as the Government may, by
notification, direct. - Definitions.–– In this Act,––
7
[(i)] “building” means any shop, house, hut, out-house, shed, stable,
whether used for the purpose of human habitation or otherwise
- Now Union territory of Jammu and Kashmir.
- Substituted by Act XXIII of Samvat 2011 for the word “main”.
- Substituted by S.O. 1229(E) dated 31.03.2020 for “the whole of Jammu and Kashmir State”.
- Inserted by Act LII of Samvat 2011.
- Substituted by Act XXII of 1963 for “Public Works Department”.
- Now Union territory of Jammu and Kashmir.
- This Act came into force from 1st May, 1995 vide C. O. No. 466-C of 1955 dated 16th April,
1955 (G. G. 21st April, 1955.) - Re-numbered as clause (i) and clause (ii) inserted by Act XLI of 1960.
68 PREVENTION OF RIBBON DEVELOPMENT ACT, SAMVAT 2007
and whether of masonry, bricks, wood, mud, thatch, metal or any
other material whatever, and includes a wall and a well but shall not
include a tent or other such portable temporary shelter ;
1
[(ii) “Chief Engineer” means the Chief Engineer, Roads and Buildings
Department and includes such other officer as may be authorised
by the Government to perform the functions of the Chief Engineer
for the purposes of this Act.] - Prohibition to erect buildings.–– No building shall be erected
alongside any road 2
[maintained by the Public Works or any other Department]
within such distance from the centre of the road as may be specified by a
general or special order of the 3
[Chief Engineer] published in the *[Government
Gazette] in respect of any such road or part thereof without the sanction in
writing of the 3
[Chief Engineer]. 4
[x x x].
5
[4. The power of the Chief Engineer to demolish a building erected.––
(1) If any person erects any building in contravention of the provisions of
section 3, the Chief Engineer may, at any time, by a notice in writing served in
the manner hereinafter provided, direct such person to dismantle the building
or part thereof and remove the material within such time as may be specified in
that notice or to show cause within the time so specified why he should not do
so, and if such person fails either to comply with the aforesaid direction or to
show cause to the satisfaction of the Chief Engineer within that time, the Chief
Engineer may dismantle or cause to be dismantled the building or part thereof
and remove or cause to be removed the material from the site and in doing so
the Chief Engineer may use such force as may be necessary.
(2) The Chief Engineer shall cause a copy of the notice to be served on
the person who erects a building in contravention of the provisions of section
3 by registered post or by delivering or tendering it to such person or in case
such person refuses or evades the service of notice, the Chief Engineer shall
cause the notice to be served by having it affixed on the outer door or some
other conspicuous part of building erected by that person whereupon the
notice shall be deemed to have been duly served on him.]
6
[4-A. Contravention to constitute offence and penalty.–– Without
prejudice to the provisions of section 4, any person who contravences the - Clause (ii) inserted by Act XLI of 1960.
- Substituted by Act XXIII of Samvat 2011 for the words “maintained by the Public Works Department”.
- Substituted by Act XIV of 1970.
- Now Official Gazette.
- Omitted by Act XIV of 1970.
- Section 4 substituted by Act XLI of 1960.
- Section 4-A inserted ibid.
PREVENTION OF RIBBON DEVELOPMENT ACT, SAMVAT 2007 69
provisions of section 3 shall also be liable to prosecution and on conviction
shall be punishable with a fine which may extend to 1
[Rs. 3,000/-] and in the
case of continuing contravention with a further fine which may extend to
2
[Rs. 100/-] for every day after the date of the first conviction during which
he is proved to have persisted in the contravention.]
3
[4-B. Effect of orders inconsistent with other enactments.–– Any order
made under section 3 or section 4 shall have effect notwithstanding anything
inconsistent therewith contained in any enactment other than this Act or any
order, rule or bye-law having effect by virtue of any enactment other than
this Act.] - Compensation.–– No person shall be entitled to any compensation
for any damage or loss sustained in consequence of such removal of any
building. - Appeal.–– An appeal from the order of the Chief Engineer 4
[under
section 3 or under section 4] shall lie to the Minister-in-charge Public Works
Department whose decision in the matter shall be final. - Limitation.–– The appeal provided in section 6 must be preferred
within 15 days from the date of the order. - Rule making power.–– The Government may make rules for carrying
out the provisions of this Act.
––––––– - Substituted by Act XI of 2000 for the letters and figures “Rs 100”.
- Substituted ibid for the letters and figures “Rs. 10”.
- Existing Section 4-A renumbered as section 4-B by Act XLI of 1960. (Original section
4-A was inserted by Act LII of Samvat 2011). - Substituted by Act XLI of 1960.