THE PUNJAB NEW CAPITAL (PERIPHERY) CONTROL ACT, 1952

An Act to control and regulate the Periphery of the New Capital of the State of Punjab [as that capital and State existed immediately before the 1st November, 1966.]

Read full Act

S.1 Short title, extent and commencement

(1) This Act may be called the Punjab New Capital (periphery) Control Act, 1952.

(2) It extends to that area of the State of Punjab which is adjacent to and is within a distance of ten miles on all sides from the outer boundary of the land acquired for the Capital of the State at Chandigarh as that Capital and State existed immediately before the 1st November, 1966.

(3) It shall come into force at once.

S.2 Definitions

In this Act, unless the context otherwise requires-

• (1) "agriculture" includes horticulture and the planting and upkeep of orchard ;
• (2) "building" has the same meaning as is assigned to it in clause (2) of section 3 of the Punjab Municipal Act, 1911 (Act III of 1911);
• (3) "Deputy Commissioner" means the Deputy Commissioner of the District and includes any person for the time being appointed by the State Government, by notification in the Official Gazette, to perform all or any of the functions of the Deputy Commissioner under this Act;
• (4) "Commissioner" means the Commissioner of Patiala Division and includes any person for the time being appointed by the State Government, by a notification in the official Gazette, to perform all or any of the functions of the Commissioner under this Act;
• (5) "Prescribed" means prescribed by rules made under this Act;
• (6) "road" means a metalled or unmetalled road, whether a thoroughfare or
  

S.3 Declaration of Controlled area

(1) The State Government may by notification in the official Gazette declare the whole or any part of the area to which this Act extends to be a controlled area for the purposes of this Act.

(2) Not less than three months before making a declaration under sub-section (1) the State Government shall cause to be published in the official Gazette, and in at least two newspapers printed in a language other than English, a notification stating that it proposes to make such a declaration, and copies of the notification or of the substance thereof shall be published by the Deputy Commissioner in such manner as may be prescribed at his office and in the area desired to be controlled.

S.4 Publication of Plans of controlled area

(1) The Deputy Commissioner shall within three months of the declaration under sub-section (1) of section 3 deposit at his office and at such other places as he considers necessary, plans showing the area declared to be a "controlled area" for the purposes of this Act, signifying therein the nature of the restrictions applicable to the controlled area.

(2) The plans so deposited shall be in the form prescribed and shall be available for inspection by the public free of charge at all reasonable times.

S.5 Restrictions in a controlled area

Except as provided hereinafter, no person shall erect or re-erect any building or make or extend any excavation, or lay out any means of access to a road, in the controlled area save in accordance with the plans and restrictions and with the previous permission of the Deputy Commissioner in writing.

S.6 Applications for permission and the grant or refusal of such permission

(1) Every person desiring to obtain the permission referred to in section 5 shall make an application in writing to the Deputy Commissioner in such form and containing such information in respect of the building, excavation or means of access to which the application relates as may be prescribed.

(2) On receipt of such application the Deputy Commissioner, after making such enquiry as he considers necessary, shall, by order in writing, either -

• (a) grant the permission, subject to such conditions, if any, as may be specified in the order; or
• (b) refuse to grant such permission.

(3) When the Deputy Commissioner grants permission subject to conditions, or refuses to grant permission under sub-section (2), the conditions imposed or the grounds of refusal shall be such as are reasonable having regard to the circumstances of each case and the interest of the general public.

(4) The Deputy Commissioner shall not refuse permission to the er

S.7 Appeal

(1) Any person aggrieved or affected by an order of the Deputy Commissioner under sub-section (2) of section 6 granting permission subject to Conditions or refusing permission, may within sixty days from the date of such order prefer an appeal to the Commissioner.

(2) The order of the Commissioner on appeal shall be final.

S.8 Compensation

A person whose application has been refused or whose application has been granted subject to conditions, under sub-section (2) of section 6 shall be entitled to claim compensation within three months of the order of the Deputy Commissioner under section 7, if any, as the case may be, for any injury, loss or damage actually suffered on account of the order, in the manner herein after provided.