Keywords : Amenity, Building, Building Operations, Development, Local Area, Engineering Operations, Means of Access, Rule, To erect or re-erect, Zone, Land
THE JAMMU AND KASHMIR DEVELOPMENT ACT,1970 ACT NO.
XIX OF 1970.
Received the assent of the Governor on 31st of October, 1970 and published in
Government Gazette dated 31st October, 1970 (Extra).
An Act to provide for the development of the state according to plan and for
matters ancillary thereto.
Be it enacted by the Jammu and Kashmir state legislature in the Twenty-first year
of the Republic of India as follows:-
CHAPTER -I
PRELIMIARY
- Short title, extent and commencement-(1) This Act may be called the Jammu and
Kashmir Development Act 1970.
2) It extends to the whole of the State.
3) It shall come into force on such date as the Government may, by notification in
the Government Gazette appoint and different dates may be appointed for
different parts of the State. - Definitions-In this Act, unless the context otherwise requires.
a) “amenity” includes road, street lighting, drainage, sewerage, public works
and such other convenience as the Government may, by notification in the
Government Gazette, specify to be an amenity for the purposes of this
Act;
b) “building” includes any structure or erection which is intended to be used
for residential, industrial, commercial or other purposes, whether in actual
use or not;
c) “building operations” includes rebuilding operation, structural alteration of
or additions to buildings and other operations normally undertaken in
connection with the construction of building;
d) “development” with its grammatical variations means the carrying out of
building, engineering quarrying or extraction or manufacture of building
materials or other operations in, on, over or under land, or “erecting or reerecting” of any building or land and include redevelopment;
e) “local area” means any area declared to be local area undertaken in
connection for the development;
f) “engineering operations” includes the formation of laying out of means of
access to a road or the laying out of means of water supply or any other
amenity:
g) “means of access” includes any means of access whether private or
public, for vehicles or for foot passengers, and includes a road;
h) “regulation” means a regulation made under this Act by the Development
Authority constituted under section;
i) “rule” means a rule made under this Act;
j) “to erect or re-erect” in relation to any building includes :-
i) any material alteration or enlargement or any building;
ii) the conversion by structural alteration into a place for human
habitation of any building not originally constructed for human
habitation;
iii) the conversion into more then one place for human habitation of
any building originally constructed as one such place;
iv) the conversion of two or more places of human habitation into a
greater number of such places;
v) such alteration of a building as affect any/ alteration of its drainage
or sanitary arrangements or materially affect its security;
vi) the addition of any rooms, buildings, houses or other structures to
any building; and
vii) the construction in a wall adjoining any street or land not
belonging to the owner of the wall, of a door opening to such street
or land; and
viii) reconstruction of building or a portion there of ;
k) “zone” means any of the divisions in which a local area may be divided for
the purposes of development under this Act;
l) the expression “land” and the expression “Person interested” shall have the
meaning respectively assigned to them in section 3 of the Land
Acquisition Act, 1990.
CHAPTER -II
DEVELOPMENT AUTHORITY AND ITS OBJECTS - Declaration of local area and constitution of Development Authority.
1) As soon as may be after the commencement of this act, the Govt. may, by
notification in the Government Gazette, declare any area to be local area
for purposes of this Act and constitute therefore an authority to be called
the Development Authority (herein-after referred to as the Authority).
2) The Authority shall be a body corporate by the name of the Local Area
having perpetual succession and a common seal with power to acquire,
hold and dispose of property, both movable and immovable, and to
contract and shall in the said name sue and be used. - Members of the Authority –
1) The Authority shall consist of 9 members including a chairman, all of
whom shall be appointed by the Government on such terms and conditions
as the Government may specify.
2) The members of Authority appointed under sub-section (I) shall hold
office for such time as the Government may be notification determine. - Appointment of Staff :- The Authority may appoint such officers and employees
(including experts for technical work) as are necessary and may assign to them
such duties and pay such salary and allowance as it may determine from time to
time; Provided that the appointment of officers on posts carrying a maximum pay
scale which exceeds Rs. 500/- per month shall be made after prior approval of the
Government. - Objects of the Authority:- The objects of the Authority shall be to promote and
secure the development of the local area for which it is constituted, according to
plan and for that purpose the Authority shall have the power to acquire, hold,
manage and dispose of land and other property, to carry out building, engineering
and other operations, to execute works in connection with supply of water and
electricity, disposal of sewerage and other services and amenities and generally to
do anything necessary or expedient for purposes of such development and for
purposes incidental thereto;
Provided that save as otherwise provided in this Act, nothing contained in this Act
shall be construed as authorising the disregard by the Authority of any law for the time
being in force.
CHAPTER -III
MASTER PLAN AND ZONAL DEVELOPMENT PLANS - Civic survey and master plan for the area :-
1) An Authority shall, as such as may be, carry out a survey and prepare a
master plan for the Local Area in for which it is constituted.
2) The master plan shall:-
a) define the various zones into which the Local Area may be divided for
the purposes of development and indicate the manner in which the
land in each zone is proposed to be used (whether by the carrying out
thereon of development or therwise) and the stages by which any such
development shall be carried out; and
b) serve as a basic pattern of frame-work within which the zonal
development plans of the various zones of the Local Area may be
prepared.
3) The master plan may provide for any other matter which is necessary for
the proper development of the Local Area. - Zonal Development Plans :-
1) Simultaneously with the preparation of the master plan or as soon as may
be thereafter the Authority shall proceed with preparation of a zonal
development plan ( hereinafter referred to as the zonal plan ) for each of
the zones into which a Local Area may be divided and shall propose a date
or dates Form which development plan of each zone shall operate.
2) A zonal development plan may :-
a) contain a site-plan for the development of the zone and show the
approximate locations and extents of land uses proposed in the
zone for such things a public buildings and other public works and
utilities, roads, housing recreation, industry, business, markets,
schools hospitals and public and private open spaces and other
categories of public and private uses;
b) specify the standards of population density and building density;
c) show every area in the zone which may in the opinion of the
Authority, be required or declared for development or redevelopment; and
d) in particular, contain provisions regarding all or any of the
following matters, namely;
i) the division of land/site into plots for the erection of
buildings;
ii) the allotment or reservation of land for roads, open spaces,
gardens, recreation grounds, schools, markets and other
public purposes;
iii) the development of any area into a township or colony and
the restrictions and conditions subject to which such
development may be undertaken or carried out;
iv) the erection of building on any site and the restrictions and
conditions in regard to the open spaces to be maintained in
or around buildings and height and character of building;
v) the alignment of building of any site;
vi) the architectural features of the elevation or frontage of any
building to be erected or any site;
vii) the number of residential buildings which may be erected
on any plot or site;
viii) the amenities to be provided in relation to any site or
buildings on such site whether before or after the erection
of buildings and the person or authority by whom or at
whose expense amenities are to be provided;
ix) the prohibitions or restrictions regarding erection of shops,
workshops warehouse, or factories or buildings of a
specified architectural feature or buildings designed for
particular purposes in the locality;
x) the maintenance of wall, fences hedges or any other
structural or architectural construction and the height at
which they shall be maintained;
xi) the restrictions regarding the use of any site for purpose
other than erection of buildings; and
xii) any other matter which is necessary for the proper
development of the zone or any area thereof according to
plan and for preventing building being erected haphazardly
in such zone or area. - Submission of plans to the Government for approval :- Every master plan and
(zonal plan) shall, as soon as may be after its preparation, be submitted by the
Authority to the Government along with a proposal relating the date of operation
of the zonal plan and the Government may either approve the plan and the
proposal without necessary modification or with such modifications as it may
consider or reject the plan with directions to the Authority to prepare a fresh plan
according to such directions. - Procedure to be followed in the preparation and approval of plans:-
1) Before preparing any plan finally and submitting it to the Government for
approval, the Authority shall prepare a plan in draft and publish it by
making a copy thereof available for inspection and publishing a notice in
such form and manner as may be prescribed by rules made in this behalf
inviting objections and suggestions from any person with respect to the
draft plan before such date as may be specified in the notice.
2) The Authority shall also give reasonable opportunity to every local
authority within whose local limits any land touched by the plan is situated
to make any representation with respect to the plan.
3) After considering all objections, suggestions and representations that may
have been received by the Authority, the Authority shall finally prepare
the plan and submit it to the Government for its approval.
4) Provisions may be made by rules in this behalf with respect to the form
and content of a plan and with respect to the procedure to be followed and
any other matter, in connection with the preparation, submission and
approval of such plan
5) Subject to the foregoing provisions of this section, the Government may
direct the Authority to furnish such information as the Government may
require for the purposes of approving any plan submitted to it under this
section. - Date of operation of Plan-Immediately after a master and a zonal plan and the
date of its operation has been approved by the Government, the Government shall
declare the area as a zone for purposes of this Act and shall also publish in the
Government Gazette a notice indicating the approval of the plan and the date of
its operation and name of the place where a copy of the plan may be inspected at
all reasonable hours.
CHAPTER -IV
MODIFICATIONS TO THE MASTER PLAN AND THE ZONAL
DEVELOPMENT PLAN - Modifications to plan :-
1) The Authority may make any modifications to the master plan or the zonal
plan as it thinks fit being modifications which, in its opinion, do not effect
important alterations in the character, of the plan and which do not relate
to the extent of land uses or the standards of populations density.
2) The Government may make any modifications to the master plan or the
zonal plan whether such modifications are of the nature specified in sub
section (I) or otherwise.
3) Before making any modifications to the plan, the Authority or, as the case
may be, the Government shall publish a notice in such form and manner as
may be prescribed by rules made in this behalf inviting objections and
suggestions from any person with respect to the proposed modifications
before such date as may be specified in the notice and shall consider all
objections and suggestions that may be received by the Authority or the
Government.
4) Every modification made under the provision of this section shall be
published in such manner as the Authority or the Government as the case
may be, may specify and the modifications shall come into operation
either on the date of the publication or on such other date as the Authority
or the Government may fix.
5) When the Authority makes any modifications to the plan under subsection (I), it shall report to the Government the full particulars of such
modifications within thirty days of the date on which such modifications
come into operation.
6) If any question arises whether the modifications proposed to be made by
the Authority are modifications which effect important alterations in the
character of the plan or whether they relate to the extent of land uses or
the standards of population density, it shall be referred to the Government
whose decision thereon shall be final.
7) Any reference in any other Chapter, except Chapter III, to the master plan
or the zonal development plan shall be construed as a reference to the
master plan or the zonal plan as modified under the provisions of this
section.
1) (12-A, Adoption of scheme sanctioned under the Town Planning
Act, 1963 as a zonal development plan :- (I) Notwithstanding
anything contained in this Act or in the Jammu and Kashmir Town
Planning Act, 1963 or in any other law for the time being in force
if at any time the Government decides that scheme sanctioned
under the Jammu and Kashmir Town Planning Act.1963 in respect
of any area which is included in a local area under this Act may be
adopted as a zonal development plan under this Act. the
Government may, by notification in the Government Gazette;
a) declare the area covered under the plan so adopted as a
zone for purposes of this Act.
b) adopt such scheme as a zonal development plan in respect
of that area for purpose of this Act; and
c) specify a date of operation of the zonal development plan
so adopted and the name of the place where a copy of the
plan may be inspected at all reasonable times.
2) the Government may by notification also direct that in respect of
acquisition of immovable property, if any, required for the purpose
of the said zonal development plan, the provisions of Chapter VI of
the Jammu and Kashmir Town Planning Act, 1963 shall apply
mutandis as if the said zonal development plan were a scheme for
purposes of the said Chapter.
3) Every zonal development plan adopted under this section shall be
deemed to have been validly prepared by the Development
Authority and approved by the Government under this Act.
4) Upon the publication of a notification under sub-section (I) nothing
in :-
a) the provisions of chapters III and IV of this Act; or
b) the provisions of the Jammu and Kashmir Town Planning
Act, 1963 except so far as provided in this section;
shall apply to any such zonal plan but in the application of the other
provisions of this Act to such zonal plan.
i) in section 13 reference to section II shall be construed as
reference to clause (a) of such section (I) of this section;
ii) in sub-section (3) of section 14, the words, brackets, figures
and letter, in relation to any matter specified in clause (d) of
sub-section (2) of section 8 or in relation to any other
mater” shall be omitted; and
iii) section -16 shall cease to apply as soon as a notification
under sub-section (2) of this section is issued.
CHAPTER -V
DEVELOPMENT - Permission to be taken for development, etc.
After a notice approving the date of operation of plan is published under
section 11, no person including the department of Government shall undertake or
carry out development of any land or building in the Zone unless permission for
such development has been obtained in writing from the Authority in accordance
with the provisions of this Act;
Provided development of any land begun by a Department of Government
or any local authority before the commencement of this Act may be completed by
that Department or local authority. - Application for permission :-
1) Every person including a Department of Government desiring to obtain
the permission referred to in section 13 shall make an application in
writing to the Authority in such form and containing such particulars is
respect of the development to which the application relates as may be
prescribed by regulations.
2) Every application under sub-section (I) shall be accompanied by such fee
as may be prescribed by rules:
Provided that no such fee shall be necessary in the case of an application
made by a Department of the Government.
3) On receipt of an application for permission under sub-section (I) the
Authority after making such inquiry as it considers necessary in relation to
any matter specified in clause (d) of sub-section (2) of section 8 or in
relation to any other matter shall, by order in writing if any, as may the
permission, subject to such conditions, if any, as may be specified in the
order, or refuse to grant such permission.
Provided that before making an order refusing permission, the applicant
shall be given a reasonable opportunity to show cause why the permission should
not be refused.
4) where permission is refused, the grounds of such refusal shall be recorded
in writing and communicated to the applicant in the manner prescribed by
regulations.
5) The Authority shall keep in such form as may be prescribed by regulations
a register of applications for permission under this section.
6) The said register shall contain such particulars including information as to
the manner in which applications for permission have been dealt with as
may be prescribed by regulations and shall be available for inspection by
any member of the public at all reasonable hours on payment of such fee
not exceeding rupees five as may be prescribed by regulations.
7) Where permission is refused under this section, the applicant or any
person claiming through him shall not be entitled to get refund of the fee
paid on the application for permission but the Authority may, on an
application for refund being made within three months of the
communication of the grounds of the refusal under sub-section (4) direct
refund of such portion of the fee as it may seem proper in the
circumstances of the case. - User of land and buildings in contravention of plans :- After the coming into
operation of a plan in a zone no person shall use or permit to be used any land or
building in that zone otherwise than in conformity with such plan.
Provided that it shall be lawful to continue to use, upon such terms and conditions
as may be prescribed by regulations made in this behalf, any land or building for the
purpose and extent for and to which it is being used upon the date on which such plan
come into force.
CHAPTER -VI
ACQUISITION AND DISPOSAL OF LAND - Compulsory acquisition of land:-
1) If in the opinion of the Government, any land is required for the purpose
of development, or for any other purpose under this Act, the Government
may acquire such land under the provisions of the Land Acquisition Act,
Samvat 1990.
2) Where any land has been acquired by the Government, the Government
may, after it has taken possession of the land, transfer the land to the
Authority for the purpose for which the land has been acquired on
payment by the Authority of the compensation awarded under that Act and
the charges incurred by the Government in connection with the
acquisition. - Disposal of land by the Authority :-
1) Subject to any direction given by the Government under this Act, the
Authority may dispose of :-
a) any land acquired by the Government and transferred to it without
undertaking or carrying out any development thereon; or
b) any such land after undertaking or carrying out such development
as it thinks fit, to permanent residents of the state in such manner
and subject to such terms and conditions as it considers expedient
for securing the development of the area according to plan.
2) The powers of the Authority with respect to the disposal of land under
sub- section (I) shall be so exercised as to secure, so far as practicable, that
persons who are living or carrying on business or other activities on the
land shall, if they desire to obtain accommodation on land belonging to the
Authority and are willing to comply with any requirements of the
Authority as to its development and use, have an apportunity to obtain
thereon accommodation suitable to their reasonable requirements on terms
and settled with due regard to the price at which any land has been
acquired from them.
Provided that where the Authority proposes to dispose of by sale
any land without any development having been undertaken or carried out
thereon, it shall offer the land in the first instance, to the persons from
whom it was acquired, if they desire to purchase it subject to such
requirements as to its development and use as the Authority may think fit
to impose.
3) Nothing in this Act shall be construed as enabling the Authority to dispose
of land by way of gift, mortgage or charge, but subject as aforesaid,
reference in this Act to the disposal of land shall be construed as reference
to the disposal thereof in any manner whether by way of sale, exchange or
lease or by the creation of any easement right or privilege or otherwise. - Nazul Land :-
1) The Government may, by notifications may be agreed upon between the
Government and the Authority place at the disposal of the Authority all or
all developed and undeveloped lands in the zone or the local area vested in
the Government (known and hereinafter referred to as “Nazul Land”) for
the purpose of development in accordance with the provisions of this Act.
2) No development of any Nazul land shall be undertaken or carried out
except by or under the control supervision of the Authority after such land
has been placed at the disposal of the Authority under sub-section (I).
3) After any such Nazul land has been developed, by under the control and
supervision of, the Authority, it shall be dealt with by the Authority in
accordance with rules made and directions given by the Government in
this behalf.
4) If any Nazul land placed at the disposal of the Authority under sub-section
(I) is required at any time thereafter by the Government, the Authority
shall, by notification in the Government Gazette, place it at the disposal of
the Government upon such terms and conditions as may be agreed upon
between the Government and the Authority.
CHAPTER -VII
FINANCE, ACCOUNTS AND AUDIT - Fund of the Authority :-
1) The Authority shall have and maintain its own fund to which shall be
credited :-
a) all moneys received by the Authority from the Central or State
Government by way of grants, loans, advances or otherwise;
b) all money borrowed by the Authority from source other than the
Government by way of loans or debentures;
c) all fees and charges received by the Authority under this Act;
d) all money received by the Authority from the disposal of lands,
buildings and other properties, movable and immovable; and
e) all moneys received by the Authority by way of rents and profits or
in any other manner or from any other source;
2) The funds shall be applied towards meeting the expenses incurred by the
Authority in the administration of this Act and for no other purposes.
3) The Authority may keep in current account of the Jammu and Kashmir
Bank or any other Bank approved by the Government in this behalf such
sum of money out of its fund, as may be prescribed by rules, and any
money in excess of the said sum shall be invested in such manner as may
be approved by the Government.
4) The Government may, make such grants, advances and loans to the
Authority, as the Government may deem necessary, for the performance of
the functions of the Authority under this Act, and all grants loans and
advances made shall be on such terms and conditions as the Government
may determine.
5) The Authority may borrow money by way of loans or debentures from
such sources and on such terms and conditions as may be approved by the
Government.
6) The Authority shall maintain a sinking fund for repayment of money
borrowed under sub-section (5) and shall pay every year into the sinking
fund such sum as may be sufficient for repayment within the period fixed
for all the moneys so borrowed.
7) The sinking fund or any part thereof shall be applied in or towards, the
discharge of the loan for which such fund was created, and until such loan
is wholly discharged it shall not be applied for any other purposes. - Budget of the Authority:- The Authority shall prepare in such form and at such
time every year as may be prescribed by rules a budget in respect of the financial
year next ensuring showing the estimated receipts and expenditure of the
Authority and shall forward to the Government such number of copies thereof as
may be prescribed by rules. - Accounts and Audit:-
1) The Authority shall maintain proper accounts and other relevant records
and prepare an annual statement of accounts including the balance sheet in
such form as the Government may by rules prescribe in consultation with
such auditor as the Government may by order specify.
2) The Accounts of the Authority shall be subject to audit annually by the
said auditor and any expenditure incurred by the Auditor in connection
with such audit shall be payable by the Authority to the said Auditor.
3) The Auditor and any person appointed by him in connection with the audit
of accounts of the Authority shall have the same right, privilege and
authority in connection with such audit as the Accountant General of
Jammu & Kashmir has in connection with the audit of Government
accounts and in particular shall have the right to demand the production of
books, accounts, connected vouchers and other documents and papers and
to inspect the office of the Authority.
4) The accounts of Authority as certified by the said Auditor or any other
person appointed by him in this behalf together with the audit report other
on shall be forwarded annually to the Government and the Government
shall cause a copy of the same to be laid before both Houses of the
Legislature. - Pension and provident funds:-
1) The Authority shall constitute for the benefit of its whole time paid
members and of its officers and other employees in such manner and
subject to such conditions as may be prescribed by rules, such pension and
provident funds as it may deem fit.
2) Where any such pension or provident fund has been constituted, the
Government may declare that the provisions of the Provident Funds Act,
Svt. 1998 shall apply to such fund as if is are a Government Provident
Fund.
CHAPTER -VIII
SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS - Powers of entry :- The Authority may authorise any person to enter into or upon
any land or building with or without assistants or workmen for the purpose of :-
a) making any enquiry, inspection, measurement or survey or taking levels of
such land or building;
b) examining work under construction and ascertaining the course of sewers
and drains;
c) digging or boring into the sub-soil;
d) setting out boundaries lines of work;
e) making such levels, boundaries and lines by placing marks and cutting
trenches;
f) ascertaining whether any land is being or has been developed in
contravention of the master plan or zonal plan or without the permission
referred to in section 13 or in contravention of any condition subject to
which such permission has been granted; or
g) doing any other thing necessary for the efficient administration of this Act;
Provided that :-
i) no such entry shall be made except between the hours of sunrise and
sunset without giving reasonable notice to the occupier, or if there be no
occupier, to the owner of the land or building;
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 for as may be compatible with the
exigencies of the purpose for which the entry is made to the social and
religious usage’s of the occupants of the land or building entered. - Penalties:-
1) Any person who whether at his own instance or at the instance of any
other person or any body) undertakes or carries out development in
contravention of the zonal plan or without the permission, referred to in
section 13 or in contravention of any condition subject to which such
permission, has been granted, shall be punishable with fine which may
extend to Rs.5,000/- and in the case of continuing offence, with further
fine which may extend to Rs.200/ for everyday during which such offence
continues after conviction for the first commission of the offence.
2) Any person who uses any land or building in contravention of the
provision of section 15 or in contravention of any terms and conditions
prescribed by regulations under the proviso to that section shall be
punishable with fine which may extend to three thousand rupees, and in
the case of a continuing offence, with further fine which may extend to
one hundred and fifty rupees for everyday during which such offence
continues after conviction for first commission of the offence.
3) Any person who obstructs the entry of a person authorised under section
23 to enter into or upon any land or building or molests such person after
such entry shall be punishable with imprisonment for a term which may
extent to one thousand rupees, or with both. - Order of demolition of building :-
1) where any development has been commenced or is being carried on or has
been completed in contravention of a zonal plan or within the permission,
referred to in section 13, or in contravention subject to which such
permission has been granted, any officer of the Authority empowered by it
in this behalf may, in addition to any prosecution that may be instituted
under this Act, make an order directing that such development shall be
removed by demolition, filling or otherwise by the owner thereof or by the
person at whose instance the development has been commenced or is
being carried out or has been completed, within such period (not been less
than five days, and more than fifteen days from the date on which a copy
of the order of removal, with at brief statement of the reasons therefor has
been delivered to the owner or that person) as may be specified in the
order and on his failure to comply with the order, the officer of the
Authority may remove or cause to be removed the development and the
expenses of such removal shall be recovered from the owner or the person
at whose instance the development was commenced or was being carried
out or was completed, as arrears of land revenue.
Provided that no such order shall be made unless the owner or the person
concerned has been given a reasonable opportunity to show cause why the order
should not be made.
2) Any person aggrieved by an order under sub-section (I) may appeal to the
Government against that order within thirty days from the date thereof,
and the Government may, after hearing the parties to the appeal, either
allow or dismiss the appeal or may reverse or vary any part of the order.
3) The decision of the Government on the appeal and subject only to the such
decision the order under sub- section (I), shall be final and shall not be
questioned in any court. - Power to stop development :-
1) Where any development in a any area has been commenced in
contravention of a zonal plan, or without the permission, referred to in
section 13 or in contravention of any conditions subject to which such
permission has been granted, the Authority empowered by if in this behalf
may, in addition to any prosecution that may be instituted under this Act
and without prejudice to the provisions of section 25, 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 in not discontinued in pursuance of the order
under sub-Section(I), the Authority or the officer of the Authority 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, within
such time as may be specified in the requisition, and such police officer
shall comply with the requisition accordingly.
3) After the requisition under sub-section (2) has been complied with, the
Authority or the officer or the Authority as the case may be, may depute
by a written order a police or an officer or employee of the Authority to
watch the place in order to ensure that the development is not continued.
4) Any person failing to comply with an order sub-section (I) shall be
punishable with fine which may extend to two hundred rupees for
everyday during which the non compliance continues after the service of
the order.
5) 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 25 or the discontinuance of the development under this section. - Offences by companies :-
1) If the person committing any offence under this Act is a company, every
person, who at the time the offence was committed, was in charge of , and
was responsible to, the company for the conduct of the business of the
company as well as the company shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished
accordingly.
Provided that noting contained in this sub-section shall render any such person
liable to any punishment provided in this Act if he proves that the offence was
committed without his knowledge or that he exercised all due deligence to prevent
the commission of such offence
2) Notwithstanding anything contained in sub-section (I), where an offence
under this Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary,
or other officer of the company, such director, manager, secretary or other
officer shall be liable to be proceeded against and punished accordingly.
Explanation:- For the purposes of this section “Company” means a body corporate
and includes a firm or other association of individuals. - Fines when realised to be paid to Authority:- All fines realsed in connection with
prosecutions under this Act shall be paid to the Authority. - Composition of offences :-
1) Any offence made punishable by or under this Act, may, either before or
after the institution of proceedings, be compounded by the Authority or
any person authorised by the Authority by general or special order in this
behalf.
2) Where an offence has been compounded, the offender, if in custody, shall
be discharged and no further proceedings shall be taken against him in
respect of the offence compounded. - Default powers of Authority:-
1) The Authority after holding a local enquiry or upon report from any of its
officers or other information in its possession, is satisfied that any amenity
in relation to any land or building in a zone has been provided in relation
to any land or building which in the opinion of the Authority is to be
provided, it may, after affording a reasonable opportunity to show cause,
serve upon the person providing or responsible for providing the amenity a
notice requiring him to provide the amenity or carry out the development
within such time as may be specified in the notice.
2) If any amenity is not provided or any such development is not carried out
within the time specified in the notice, then the Authority may itself
provide the amenity or carry out the development or have it provided or
carried out through such agency as it deems fit.
Provided that before taking any action under this sub-section, the
Authority shall afforded reasonable opportunity to the person providing or
responsible for providing the amenity to show cause as to why such action should
not be taken.
3) All expenses incurred by the Authority or the Agency employed by it in
providing the amenity or carrying out the development together with
interest at such rate as the Government may by order fix from the date
when a demand for the expenses is made until payment may be recovered
by the Authority from the person providing or responsible for providing
the amenity, as arrears of land revenue. - Power of Authority to require local authority to assume responsibility for
amenities in certain cases:- Where any area has been development by the
Authority, the Authority may require the local authority or a department of the
Government within whose local limits the area so developed is situated, to assume
responsibility for the maintenance of the amenities which have not been provided
of the amenities which in its opinion should be provided in the area, on terms, and
conditions agreed upon between the Authority and that local authority or the
department as the case may be. - Power of levy betterment charges:-
1) Where in the opinion of the authority as a consequence of and
development having been in any zone, the value of any property in that
zone or executed by the Authority in any area other than the zone, which
has been benefited by the development, has increased or will increase, the
Authority shall be entitled to levy upon the owner of the property or any
person having an interest therein a betterment charge in respect of the
increase in value of the property resulting from the execution of the
development.
Provided that no betterment charge shall be levied in respect of lands owned by
Government or any local authority.
2) such betterment change shall be an amount :-
i) in respect of any property situated in a zone equal to one-third of the
amount, and
ii) in respect of property situated in any other area, not exceeding on-third of
the amount.
By which the value of the property on the completion of the execution of
the development estimated as if the property were clear of buildings, exceeds the
value of the property prior to such execution estimated in like manner.
Provided that in levying betterment charges on any property under
clause(ii) the Authority shall have regard to the extent and nature of benefit
accruing to property from the development and such other factors as may be
prescribed by rules made in this behalf. - Assessment of betterment of charge by Authority :-
1) when it appears to the Authority that may particular development plan is
sufficiently advanced to enable the amount of the betterment charge to be
determined, the Authority may, by an order made in this behalf, declare
that for the purpose of determining the betterment charge the execution of
the plan shall be deemed to have been completed and shall thereupon
given notice in writing to the owner of the property or any person having
an interest therein that for the Authority proposes to assess the amount of
the betterment charge in respect to the property under section 32.
2) The Authority shall then assess the amount of betterment charges payable
by the person concerned after given such person an opportunity to be
heard and such person shall, within three months from the date of receipt
of the notice in writing of such assessment from the Authority, inform the
Authority by a declaration in writing that he accepts the assessment of
dissents from it.
3) When the assessment proposed by the Authority is accepted by the person
concerned within the period specified in sub-section (2) such assessment
shall be final.
4) If the person concerned dissents from the assessment or fails to give the
authority the information required by sub-section (2) within the period
specified the matter shall be determined by an arbitrator in the manner
provided in section 34. - Settlement of betterment charges by arbitrators:-
1) For the determination (I) of section 33, the Government shall appoint an
arbitrator who shall have special knowledge of the valuation of land.
2) The arbitrator shall, for the purpose of determining any matter referred to
him, have the same power as are vested in a civil court under the Code of
Civil Procedure Svt.1977 when trying a suit, in respect of the following
matters namely :-
a) summoning and enforcing the attendance of any person and
examining him on oath;
b) requiring the discovery and production of documents;
c) administering to any party to the arbitration such interrogatories as
may, in the opinion of the arbitrator, be necessary.
3) If the arbitrator dies, resigns, or is removed under sub-section(4) or
refuses, or neglects in the opinion of the Government to perform his duties
or becomes incapable of performing the same then the Government shall
forthwith appoint another fit person to take the place of such arbitrator.
4) If the Government is satisfied after such inquiry as it thinks fit :-
a) that the arbitrator has misconducted himself, the Government may
remove him from his office;
b) that the award of the arbitrator has been improperly procured or
that any arbitrator has misconduct himself in connection with such
award, that Government may set aside the award.
5) An award which has not been set aside by the Government under clause
(b) of sub-section (4) shall be final and shall not be questioned in any
court.
6) The provisions of the Arbitration Act, Svt. 2002, shall not apply to
arbitration under this section. - Payment of betterment charge :-
1) The betterment charge levied under this Act shall be payable in such
number of installments and each installment shall be payable at such time
and in such manner as may be fixed by regulations made in this behalf.
2) Any arrear of betterment charge shall be recoverable as an arrear of land
revenue. - Mode of recovery of moneys due to Authority:-
Any money due to the authority on account of fees or charge, or from the disposal
of lands, buildings or other properties, movable or immovable, or by way or rents
and profits may, if the recovery thereof is not expressly provided for in any other
provision of this Act, be recovered by the Authority as arrears of land revenue. - Control by Government:-
1) The Authority shall carry out such direction as may be issued to it from
time to time by the Government for the efficient administration of this
Act.
2) If in, or in connection with, Authority under this Act any difference or
dispute arises between the Authority and the Government, the decision of
the Government on such differences or dispute shall be final.
3) The Government may, at any time, either on its own motion or on
application made to it in this behalf, call for the records of any case
disposed of or order passed by the Authority for the purpose of satisfying
itself as to the legality or propriety of any order passed or direction issued
and may pass such order or issue such direction in relation thereto as it
may think fit;
Provided that the Government shall not pass an order prejudicial to any
person without affording such person a reasonable opportunity of being heard. - Returns and information :-
1) The Authority shall furnish to the Government such reports, returns and
other information as the Government may from time to time require.
2) Without prejudice to the provision of sub-section (I) the Government or
any officer authorised by the Government in this behalf may call for
reports, returns and other information from the Authority in regard to the
implementation of the master plan or the zonal plan.
3) Any person authorised by the Government or the officer referred to in subsection (2) may enter into or upon any land with or without assistants or
workmen for ascertaining whether the provisions of the master plan or the
zonal plan are being or have been implemented, or whether the
development is being or has been carried out in accordance with such
plan.
4) No such entry shall be made except between the hours of sunrise and
sunset and without giving reasonable notice to the occupier, or if there be
no occupier, to the owner of the land or building. - Service of notices, etc:-
1) All notices, orders and other documents required by this Act or any rule or
regulation made there under to be served upon any person shall, save as
otherwise provided in this Act or such rule or regulation, be deemed to be
duly served;
a) where the person to be served is a company, if the document is
addressed to the Secretary of the company at its registered office or
at its principal office or place of business and is either:-
i) sent by registered post, or
ii) delivered at the registered office or at the principal office or
place of business of the company;
b) where the person to be served is a partnership, if the document is
addressed to the partnership at its principal place of business,
identifying it by the name or style under which its business is
either;_
i) sent by registered post, or
ii) delivered at the said place of business;
c) where the person to be served is a public body or a corporation or
society or other body, if the document is addressed to the
Secretary, trasures or other head officer of that body, corporation
or society at its principal office, and is either;
i) sent by registered post, or
ii) delivered at that office;
d) In any other case, if the document is addressed to the person to be
served and:-
i) is given or tendered to him, or
ii) if such person connot be found, is affixed on some
conspicuous part of his last known place of residence or
business, if within the state or is given or tendered to some
adult members of his family or is affixed an some
conspicuous part of the land or building to which it relates,
or
iii) is sent by registered post to that person.
2) Any document which is required or authorised to be served on the owner
or occupier of any land or building may be addressed, “the owner or the
occupier” as the case may be, of that land building (naming that land or
building) without further name or description, and shall be deemed to be
duly served:-
a) if the document so addressed is sent or delivered in accordance
with clause (d) of sub-section (I) or
b) if the document so addressed or a copy thereof so addressed is
delivered to some person on the land or building or, where there is
no person on the land or building to whom it can be delivered, is
affixed to some conspicuous part of the land or building.
3) Where a document is served on a partnership in accordance with this
section, the document shall be deemed to be served on each partner.
4) For the purpose of enabling any document to be served on the owner of
any property, the Authority may be notice in writing require the occupier
(if any) of the property to state the name and address of the owner thereof.
5) Where the person on whom a document is to be served is manner the
service upon his guardian or any adult member of his family shall be
deemed to be service upon the minor.
6) A servant is not a member of the family within the meaning of this
section. - Public notice how to be made know :- Every public notice given under this Act
shall be in writing over the signature of such officer of the Authority as it may
direct and shall be widely made known in the locality be affected thereby affixing
copies thereof in conspicuous public places within the said locality and
announcing the same by beat of drum or by advertisement in local newspaper or
by all these means and by any other means that the aforesaid officer may think fit. - Notice, etc. to fix reasonable time:- Where any notice, order or other document
issued or made under this Act or any rule or regulation made thereunder requires
anything to be done for the doing of which no time is fixed in this Act or the rule
or regulation, the notice, order or other document shall specify a reasonable time
for doing the same. - Authentication of orders and documents of the Authority:- All permission, order,
decisions, notices and other documents of the Authority, shall be authenticated by
the signature of such officer of the Authority as may be authorised by the
Authority in this behalf. - Members and officers to be public servants :- Every member and every officer
and other employees of the Authority shall be deemed to be a public servant
within the meaning of section 21 of the Ranbir Penal Code. - Sanction of prosecution :- No prosecution for any offence punishable under this
Act, shall be instituted except with the previous sanction of the Authority or any
officer authorised by the Authority in this behalf. - Magistrates power to impose enhanced penalties:- Notwithstanding anything
contained in section 32 of the Code of Criminal Procedure, 1989, it shall be
lawful for any court of a judicial Magistrate of the first class to pass any sentence
authorised by this Act in excess of its powers under the said section. - Protection of action taken in good faith :- No suit, prosecution or other legal
proceeding shall lie against any person for anything which is in good faith done or
intended to be done under this Act or any rule or regulation made thereunder. - Power to delegate :-
1) The Authority may, by notification in the Government Gazette, direct that
any power exercisable by it under this Act, except the power to make
regulations, may also be exercised by such officer or local authority and in
such cases and subject to such conditions, if any as may be specified
therein.
2) The Government may, by notification in the Govt. Gazette, direct that any
power exercisable by it under this Act, except the power to make rules,
may also be exercised by such officer as may be mentioned therein, in
such cases and subject to such conditions, if any, as may be specified
therein. - Notice to be given of suits :-
1) No suit shall be instituted against the Authority, or any member thereof, or
any of its officers or other employees, or any person action under the
directions of the Authority or any member or any person officer or other
employees of the Authority in respect of any act done or purporting to
have been done in pursuance of this Act or any rule or regulation made
thereunder until the expiration of two months after notice, and in any other
case, delivered to, or left at the office or place of abode of, the person to
be sued and unless such notice states explicitly the cause of action, the
nature of relief sought, the amount of compensation claimed and the name
and place of residence of the intending plaintiff and unless the plaint
contains a statement that such notice has been so left or delivered.
2) No suit such as is described in sub-section (I) shall unless it is a suit for
recovery of immovable property or for a declaration of title thereto, be
instituted after the expiry of six months from the date on which the cause
of action arises. - Savings :- Nothing in this Act shall apply to :-
a) the carrying out by any local authority or by any department of
Government of any works for the purpose of inspecting, repairing or
renewing any drains, sewers, main pipes, cables or other apparatus
including the breaking open of any street or other land for that purpose;
b) the erection of a building, not being a dwelling house if such building is
required for the purposes subserment to agriculture;
c) the construction of a canal, water course, and drainage work as defined in
the Jammu and Kashmir State Canal and Drainage Act, Svt. 1963, by any
local authority or the department of the Government;
d) the excavations (including wells ) made in the ordinary course of
agricultural operations;
e) the construction of unmetalled road intended to give access to land solely
for agricultural purposes; and
f) the carrying out of works for the maintenance of any building which effect
only the interior of the building and which do not materially effect the
external appearance of the building. - Plans to stand modified in certain cases :-
1) Where any land situated in any area is required by the master plan or a
zonal plan to be kept as an open space or unbuilt upon or is designated in
any such plan an subject to compulsory acquisition, then if at the
expiration of five years from the date of operation of the plan under
section 11 or where such land has been so required or designated by any
amendment, the land is of such plan, from the date of operation of such
amendment not compulsory acquired, the owner of the land may serve on
the Government a notice requiring his interest in the land to be so
acquired.
2) If the Government fails to acquire the land within a period of six months
from the date of receipt of the notice, the master plan, or as the case may
be the zonal plan shall have effect after the expiration of the said six
months as if the land were not required to be kept as an open space or
unbuilt upon or were not designated as subject to compulsory acquisition. - Power to make rules :-
1) The Government, after consultation with the Authority, may, by
notification in the Government Gazette, make rules to carry out the
purposes of this Act;
Provided that consultation with the Authority shall not be necessary on the first
occasion of the making of rules under this section, but the Government shall take into
consideration any suggestions which the Authority may make in relation to the
amendment of such rules after they are made.
2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely :-
a) the salaries, allowances and conditions of service of the whole time
paid members of the Authority;
b) the control and restrictions in relation to appointment of officers
and other employees;
c) the stages by which the development of any particular zone may be
carried but;
d) the form and content of the master plan and a zonal plan the
procedure to be followed in connection with the preparation,
submission and approval of such plans and the forms and the
manner of publication, of the notice relating to any such plan in
draft;
e) the local inquiries and other hearings that may be held before a
plan is approved;
f) the form and manner in which notice under sub-section (3) of
section 12 shall be published;
g) the fee to be paid on an application for provision under sub-section
(2) of section 4 and che factors and circumstances to be taken into
consideration in determining such fee;
h) the manner in which Nazul lands shall be deal with after
development;
i) the factors to be taken into consideration in determining the rate of
betterment change in respect of property situated in any local area;
j) the procedure for referring any matter to the Government under
section 31 for settlement of terms and condition subject to which a
local authority may be required to assume responsibility for
amenities in any area;
k) the procedure to be followed by arbitrators in the Department
determination of betterment change;
l) the sum of money that may be kept in current account;
m) the procedure to be followed for borrowing moneys by way of
loans or debentures and their repayment;
n) the form of the budget of the Authority and the manner of
preparing the same;
o) the form of the balance sheet and statement of accounts;
p) the form of the annual report and the date on or before which it
shall be submitted to the Government;
q) the manner of constitution of the pension and provident funds for
whole time paid members and officers and other employees of the
Authority and the conditions subject to which such funds may be
constituted;
r) any other matter which has to be, or may be, prescribed by rules. - Power to make regulations
1) The Authority may, with the previous approval of the Government, make
regulations consistent with this Act and the rules made thereunder to carry
out the purposes of this Act and without prejudice to the generality of this
power, such regulations may provide for:-
a) the summoning and holding of meetings of the Authority, the time
and place where such meetings are to be held, the conduct of
business at such meetings and the number of members necessary to
form a quorum thereat;
b) power and duties of the officers of Authority;
c) the salaries, allowances and conditions of service of the officers
and employees;
d) the procedure for carrying out of the functions of the Authority
under Chapter III.
e) the form in which any application for permission under sub-section
(I) of 14 shall be made and the particulars to be furnished in such
applications;
f) the terms and conditions subject to which use of lands and
buildings in contravention of plans may be continued;
g) the manner of communicating the grounds of refusal of permission
for development;
h) the form of the register of the applications for permission and the
particulars to be contained in such register;
i) the management of the properties of the Authority;
j) the time and manner of payment of betterment change; and
k) any other matter which has to be or may be prescribed by
regulations.
2) Until the Authority is established under this Act, any regulation, which
may be made under sub-section (I) may be made by the Government and
any regulation so made may be altered or rescinded by the Authority in
exercise of its powers under sub-section (I). - Dissolution of the Authority :-
1) Where the Government is satisfied that the purposes for which the
Authority was Authority was established under this Act have been
substantially achieved or that there are good grounds which render the
continued existence of the Authority unnecessary, the Government
Gazettee, declare that the Authority shall be dissolved with effect from
such date as may be specified in the notification, and the Authority shall
be deemed to be dissolved accordingly.
2) From the said date:-
a) all properties, funds and dues which are vested in, or realisable by,
the Authority shall vest in, or be realisable by the Government;
b) all Nazul lands placed at the disposal of the Government;
c) all liabilities which are enforecable against the Authority shall be
enforceable against the Government; and
d) for the purpose of carrying out by the Authority and for the
purpose of realising properties, funds and dues referred to in clause
(a) the functions of the Authority shall be discharged by the
Government. - Cessation of the provisions of certain Acts:-
1) As from the date of operation of plan in a zone, fixed under section 11:-
a) the provisions of the Jammu and Kashmir Town Planning Act,
1963;
b) Chapter XXI of the Jammu and Kashmir Municipal Act, 2008;
c) Clause (4) of section 45 and section 46 of the Jammu and Kashmir
Town Area Act, 2001;
Shall cease to apply in the zone in which the plan is operated for such
period as the Government may by notification specify.
2) Notwithstanding the provisions of sub-section (I):-
a) anything done or any action taken ( including permission for
erection, re-erection or development granted ) under the provisions
of any of the aforesaid laws shall continue in force and be deemed
to have been done or taken under the provisions of this Act unless
and untill it is superseded by the competent authority under this
Act;
b) all suits, prosecutions and other legal proceedings instituted or
which might have been instituted for or against the municipality or
Town Area Committee or any other authority under the said
provisions of the aforesaid Acts may be continued or instituted by,
for or against the Municipality, Town Area Committee or the
authority, as the case may by. - Power to remove difficulty:- If any difficulty arises in giving effect to the said
provisions of this Act in their application to a zone or a local area, the government
made by order make such provision or give such directions not inconsistent with
the provisions of this Act as appears to the Government to be necessary or
expedient for removing the difficulty. - Repeal and saving:-
1) The Jammu and Kashmir Development Ordinance, 1970 (IV of 1970) is
hereby repeated.
2) Notwithstanding such repeal, any thing done or any action taken
(including any appointment, delegation order, scheme, permission,
notification, rule, regulation or from made, granted or issued) under the
said Ordinance shall be deemed to have been done, taken, made, granted
or is sued under the provisions of this Act as if this Act has come into
force on the 15th day of September, 1970.
