Government of Punjab, Department of Housing and Urban
Development, Notification
NOTIFICATION No. G.S.R. 71/P.A.14/1995/Ss. 38 and 45/Amd.(4)/2022 dated 18th October, 2022
With reference to the Government of Punjab, Department of Housing and Urban
Development, Notification No. G.S.R 167/P.A.14/1995/Ss.38 and 45/Amd./
2021, dated the 13th December, 2021, and in exercise of the powers conferred
by section 45 read with sub section (2) of section 38 of the Punjab Apartment
and Property Regulation Act, 1995 (Punjab Act 14 of 1995) and all other
powers enabling him in this behalf, the Governor of Punjab is pleased to make
the following rules further to amend the Punjab Apartment and Property
Regulation Rules, 1995, namely:-
RULES
- (1) These rules may be called the Punjab Apartment and Property
Regulation (Amendment) Rules, 2022.
(2) They shall come into force on and with effect from the date of their
publication in Official Gazette. - In the Punjab Apartment and Property Regulation Rules, 1995 (herein
after referred to as a said rules), for rule 31, the following rule shall be
substituted, namely:-
“31 Compounding of offences:- (1) Notwithstanding anything contained
in these rules, the competent authority, on an application, made by
the promoter in Form APR-V-A, may either before or after the
institution of the proceedings for prosecution, compound an offence
of developing an unauthorized colony.
(2) On receipt of an application under sub-rule (1), the competent authority
may, if it deems proper, compound the said offence on the fulfillment
of following conditions and restrictions by the promoter, namely: –
(a) the colony should fulfill all the provisions and norms required
for grant of license at the time of application and the promoter
shall obtain a license in accordance with provisions of the
Act and the rules made thereunder;
(b) the promoter along with his application shall submit proof of
ownership of land falling under the unauthorized colony as
specified under the Act;
(c) the unauthorized colony should be in conformity with the
provisions of Master Plan notified for the area and other
controls;
(d) the constructions, existing on the site of unauthorized colony,
should conform to the Punjab Urban Planning and
Development Building Rules, 2021 as amended from time to
time or Building Bylaws of the Department of Local
Government, whichever applicable;
(e) at the time of passing of compounding order, if permission for
change of land use (CLU) of land falling under the
unauthorized colony, has not been obtained by the promoter,
the same shall be deemed to be issued provided double the
amount of change of land use charges prevalent at that time,
is paid by the promoter, in the Government Treasury.
In case of Industrial Colony and on Industrial
component in Industrial Park, the promoter shall be liable to
pay double the amount of change of land use charges or rupees
two lakh (rupees 2,00,000/-) per acre or whichever is more,
on the total area of the industrial park or industrial colony as
change of land use charges;
(f) the promoter shall deposit following compounding fee in case
of residential and commercial colony in addition to the
prevailing External Development Charges (EDC), License
Fee (LF), Social Infrastructure Fund (SIF) and Urban
Development Fund (UDF):-
Sr. Colony Percentage of total EDC,
No. LF, SIF, UDF
1 Residential Colony Twenty percent
2 Commercial Colony Thirty percent
In case of Industrial Park or Industrial Colony the
promoter shall pay the following compounding fee in addition
to EDC/LF (whichever is applicable) on residential and
commercial component in that area at the time of
compounding; irrespective of the size of Industrial Park.
Sr. Industrial Park/Colony Fee
No. (In Rs per acre)
a Industrial Component 5,00,000/-
b Residential component Twenty Percent of
(in all cases of prevailing total EDC, LF,
industrial park/ colony) SIF, UDF
c Commercial component Thirty Percent of
(in all cases of prevailing total EDC, LF,
industrial park/colony) SIF, UDF
All CLU, EDC, LF, UDF and SIF charges shall be paid by
the promoter in three equal installments. The first installment
shall be payable at the time of compounding of offence and
balance amount shall be payable in two half yearly equal
installments. In case of delay of payment, the interest and
penal interest applicable for regular licensed colonies shall be
payable by the promoter. The compounding fee shall be
payable in accordance with rule 32;
(g) the promoter shall pay compounding fee in respect of
compoundable violations in buildings existing in unauthorized
colony as per prevalent policy. However, non-compoundable
violations in the existing buildings, shall be removed or
demolished by the promoter before compounding order is
passed by the competent authority;
(h) before passing of compounding order by the competent
authority, layout plan of colony shall be technically approved
from the prescribed authority according to planning norms
and the promoter shall be bound to develop the colony
according to approved layout plan;
(i) after an offence of the promoter has been compounded by
the competent authority, if the said promoter or any director
of the company repeats a breach of the provisions of the Act,
then one hundred and fifty (150) percent additional
compounding fee shall be charged from him for every
violation, when such an offence is committed under the Act;
(j) compounding of offence and regularization of unauthorized
colony shall not be considered by the competent authority, if
such colony falls:-
(i) within the distance of sixteen kilometers from the outer
boundary of the Union Territory of Chandigarh;
(ii) within such restricted area, where any development is
prohibited under any Central or State Act; and
(iii) within such area, which is an encroachment over the
public land or panchayat land; and
(k) the colony compounded under this rule shall be governed with
all the provisions of the Act and all rules and regulations
applicable to licensed colonies.”.
- In the said rules, in rule 32, the words, brackets and figures “sub-rule (3)
or sub-rule (4) of ” shall be omitted.
AJOY KUMAR SINHA,
Principal Secretary to Government of Punjab,
Department of Housing and Urban Development.
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