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Draft Policy For Housing & Urban Development -Punjab

The Department of Housing and Urban Development, Govt of Punjab has formulated a draft policy for Housing and Urban Development Punjab which is being here by uploaded on this website for inviting suggestions from public with in a period of 15 days from this date on the following Email id:1. 2. 3.

venuias1@gmail.com asdycm@gmail.com ctppunjab@gmail.com

Chapter-1 1.1 Background:

Housing has been recognized as a basic human need, next to food and clothing. Housing has also been recognized as an integral part of economic development. As per Census of India 2011, the total population of India was 1,210,193,422 persons, out of which 31.16% lives in urban areas. Whereas, Punjab has recorded total population of 27,704,236 persons out of which 37.49% were living in urban areas. According to Census 2011, the State had a housing shortage of 12 lakh units of which about 10 lakh units shortage is in urban areas. As per National Building Organization (NBO), the urban housing shortage in the State in 2007 was 6.90 lakh units which have grown to 12 lakh by the year 2011. Of this housing requirement, nearly 90% houses will be required for poor / EWS / LIG / Financially Weaker Section. The rest shortage of housing pertains to other sections of the society. The Real Estate and Construction Industry has acquired special status as a contributor to the GDP. As per National Accounts Statistics 2011, this sector has 6% share in the National GDP whereas in the State of Punjab this sector contributes about 11% to the States GDP. According to the Real Estate capital market prediction for 2013 by Jones Lang LaSalle India, investors will focus more on transparency, governance and liquidity before investing. Urbanization in India is changing the face of Indian metropolises as their fast evolving skylines become filled with skyscrapers and iconic architecture. Meanwhile the smaller towns and cities are witnessing a metamorphosis through the

expansion of roads and flyovers, real estate development and open areas. JLL says that in the near future developers need to become more organized and efficient and aim for global best practices, in terms of construction and design. The Government has realized the need to upgrade the infrastructure of various cities, to de-congest the city centres and unlock the development potential of locations on the city fringes. The Government is focusing on creating a synergistic environment for private participation to enable a sustained and successful introduction of Public Private Partnership Projects. The Punjab Government intends to become a facilitator and friend in order to develop and secure the future of Real Estate in the State. The State Government has formulated a Punjab Housing and Habitat Policy - 2008 with a definite and an implementable Habitat Agenda offering a vision to achieve sustainable development both in rural and urban areas with a healthy and sustainable environment. The state government has under taken many initiatives for the planned urban development in the State. The main focus of ongoing housing and habitat policy is on Affordable Housing to all. In view of the fact that more than 50% of States population is forecasted to be living in urban areas by 2041, it is necessary to develop new integrated townships. A policy to promote Affordable Housing for the economically weaker section of the society has been notified under which each housing project has to reserve 10 percent of plots or houses in the project. A Special Action Plan should be prepared for urban slum dwellers with

special emphasis on persons belonging to SC / ST/ OBCs / Minorities / Economically weaker Sections /physically handicapped and Minorities. Due consideration would be given so that Safai Karamcharies and Scavengers are not geographically and socially segregated. The Master Plans of all the major cities and towns have either been notified or are under preparation. To promote the sustainable urban development, the flexible development controls have been adopted. The Development Charges for setting up of various projects have also been rationalised. The time lines for time bound clearances of housing projects have also been fixed. To facilitate the timely clearance and to provide required information about the policy and other steps to the promoters of the housing projects a special cell called Shahri Vikas Cell has been established in all the development authorities. In spite of these initiatives under taken by the State Government, the Real Estate Sector has not get the desired flip mainly because of recession in the economy. With an endeavour to help and boost the Real Estate Sector, the State Government has taken an initiative to open a dialogue with the local promoters and with their National Organisation called CREDAI. In this direction one day inter-active Session was held at New Delhi. In this session some suggestions have been put forward by CREDAI viz., Grant of status of Infrastructure Industry to Real Estate Sector, Rationalization of Density, FAR, Incentives for Green Buildings, Timely acquisition of Revenue Rastas falling in the project areas etc to the government for the consideration to rejuvenate the Real Estate Sector.

In the light of the above said issues, the study of urban development policies and regulations of other states viz; Haryana, Maharashtra, Gujarat, Karnataka has been undertaken to understand the status and application of Urban Development Policies in these States. After analysis of their policies and the suggestions put forward by CREDAI, the State Government has decided to take following new policy initiatives:

Chapter-2
2.1 Planned urban development:

The state government immediately after assuming power in the year 2007 started focusing on the planned urban development of the State. In this regard, the need to prepare Master Plans for towns of the State was felt so as to achieve optimum social use of urban land, to promote flexibility in land use in response to changes resulting from growing cities / towns, to make land available in adequate quantity and for reasonable prices to both public authorities and individuals for development, housing and construction. The Master Plans also ensure better living environment and infrastructure to the public. As a first step in this direction, Master Plan Ludhiana was notified in the year 2008. Since then out of 143 towns in the State of Punjab, 32 Master plans covering 60 towns of the State of Punjab have already been notified. The draft Master plans for 9 towns are ready for publication and Master Plans for 18 towns are under preparation. The Local Planning Areas for 13 towns have also been notified for preparation of Master Plans. Besides this a Regional Plan for GMADA Region has also been notified for better control and integrated development of the region. The Master Plans for the remaining towns shall be prepared within a period of three years.

Chapter-3
3. Rationalised development controls: 3.1 Increase and rationalisation of density in various zones of Master Plans in the State: In order to save the scarce agricultural land and to encourage the vertical development, the density for residential plotted development and Group Housing projects has been rationalized as given below:
Sr. No. Name of LPA Presently approved density as per Master Plan GMADA Regional Plan Low Density Housing - upto 100 ppa Medium Density Housing - upto 175 ppa High Density Housing - Not Allowed Low Density Housing - upto 100 ppa Medium Density Housing - upto 175 ppa High Density Housing - more than 175 ppa Low Density Housing - upto 100 ppa Medium Density Housing - upto 175 ppa High Density Housing - more than 175 ppa Gross Density - 50 ppa Gross Residential Density - 100 ppa Low Density Housing - up to 100 pp acre Medium Density Housing - up to 175 pp acre Gross Residential Density - 100 ppa Proposed Residential density per gross acre

1. S.A.S. Nagar 2. Zirakpur

Plotted - upto 200 ppa

3. Dera Bassi A 4. Banur 5. Kharar


6. Mullanpur

Group housing a. EWS - 400 ppa b. DU with upto 1200 sq ft super Area - 350 ppa c. Above 1200 sq ft to 3000 sq ft super Area -300 ppa d. Above 3000 sq ft super Area - 250ppa Plotted Zone I: 150 ppa Zone II: 150 ppa Zone III: 200 ppa Group housing a. EWS - 400 ppa b. DU with upto 1200 sq ft super Area - 350 ppa c. Above 1200 sq ft to 3000 sq ft super Area -300 ppa d. Above 3000 sq ft super Area 250 ppa Plotted - upto 200 ppa Group housing a. EWS - 400 ppa b. DU with upto 1200 sq ft

Master Plans of the rest of State of Punjab

High Residential Density: Not exceeding 300 persons per acre; Medium / Low Residential Density: Not exceeding 200 persons per acre for

Sr. No.

Name of LPA

Presently approved density as per Master Plan


plotted development and Not exceeding 300 persons acre for group housing.

Proposed Residential density per gross acre


super Area - 350 ppa c. Above 1200 sq ft to 3000 sq ft super Area -300 ppa d. Above 3000 sq ft super Area - 250ppa

Note: The floating population of Non Residential buildings shall be taken as minimum 100 ppa for the calculation of requirement of utilities / services such as water supply, sewerage, electricity, roads, transport etc only and it shall not be calculated towards residential density of the project / sector.

Rationalization of Ground Coverage:


Category of building Residential Sites Proposed Norms First 250 sq m Next 100 sq m Next 100 sq m Beyond 450sq m a) 40% b) 35% c) 30% First 250sq m Next 100 sq m Next 100 sq m Beyond 450 sq m 40 % 40 % 40 % 40 % 15% (Out of this max upto 5% can be used for commercial purpose) 40% 35% First 425 sq m 65% Next 425 sq m 60% beyond 850 sq m 50%

65% 60% 50% 40%

Group Housing Project a) Minimum Approach Road 60-0 80'-0" b) Minimum Approach Road Above 80'-0" 150'-0 " c) Minimum Approach Road above 150'-0 Independent floors building

65% 60% 50% 40%

Commercial Buildings Public Buildings Educational or Religious Building Hospital, Nursing Home or Medical Laboratory Hotel, Banquet hall, Club, Community centre, Public concert hall or Auditorium Amusement park or Sports Complex Museum or Gymnasium or Public exhibition hall Marriage Palace Industrial buildings General Industrial Buildings

Category of building Information Technology and Information Technology enabled services

Proposed Norms Upto 225 sq m Upto 425 sq m Beyond 425 sq m

65% 60% 50%

Rationalization of FAR: To ensure the optimum utilization of scarce agricultural land and to make the Real Estate Sector viable for promoting affordable housing, the FAR has been rationalized as given below:
Sr. Parameters No. 1 1 2 2 Plotted residential Group Housing a) Minimum Approach Road 60ft to 79ft b) Minimum Approach Road 80ft 150ft c) Minimum Approach Road above 150 ft. Commercial a) Minimum Approach Road 80 ft 100 ft b) Minimum Approach Road Above 100 ft 150 ft c) Minimum Approach Road above 150 ft Hotels:a) Minimum Approach Road 40'-0" b) Minimum Approach Road 60'-0" c) Minimum Approach Road 80'-0" and Above Marriage Palaces Industrial General IT Institutional Multiplex cum Hotel Hospital GMADA Area Present Proposed F.A.R F.A.R. 3 4 1 : 1.65 1 : 2.0 1 : 1.75 1 : 1.75 1 : 2.50 1 : 3.00 1 : 1.75 Rest of State of Punjab Present Proposed F.A.R F.A.R 5 6 1 : 1.65 1 : 2.0 1 : 1.75 1 : 2.50 1 : 3.00

1 : 2.00* 1 : 1.75 1 : 2.50* 1 : 3.00* 1 : 1.75

1 : 2.00* 1 : 2.50* 1 : 3.00*

1:3.00 1 : 1.00 1 : 3.00 1 : 1.00 1 : 3.00 -

1:2.00 1:2.50 1:3.00 1 : 0.50 1 : 1.50 1 : 3.00 1 : 1.00 1 : 3.0

1:3.00 1 : 1.00 1 : 3.00 1 : 1.00 1: 3.00 -

1:2.00 1:2.50 1:3.00 1 : 0.50 1 : 1.50 1 : 3.00 1 : 1.00 1 : 3.0

4 5

6 7 8

Sr. Parameters No. 1 2 a) Minimum Approach Road 40'-0" b) Minimum Approach Road 60'-0" c) Minimum Approach Road 80'-0" and Above Sports and Recreation Mixed Land use

GMADA Area Present Proposed F.A.R F.A.R. 3 4 1 : 1.50 1:1.00 + 0.50 (purchasable) 1 : 1.75* 1:2.25* 1 : 0.05 FAR applicable in this zone for each activity shall be as stated above in this table. 1 : 0.10 FAR applicable in this zone for each activity shall be as stated above in this table.

Rest of State of Punjab Present Proposed F.A.R F.A.R 5 6 1 : 1.50 1:1.00 + 0.50 (purchasable) 1 : 1.75* 1:2.25* FAR applicable in this zone for each activity shall be as stated above in this table. 1 : 0.10 FAR applicable in this zone for each activity shall be as stated above in this table.

9 10

The FAR permitted in addition to FAR mentioned in column 3 and 5 will be chargeable on pro-rata basis. Note:The road width means the width of entire length of road.

Chapter - 4
4.1 Common Building Rules for the whole State: Presently in the State of Punjab, the different departments / development agencies involved in the development of land / infrastructure such as the Department of Housing and Urban Development, Local Government and Department of Industries etc have different set of Building Rules / Norms for the development of area in the same region. It not only creates confusion amongst the developers but the developer also feels discriminated. Besides this, the dichotomy in building rules has also adverse effect on the urban development. The above mentioned difficulties were realized by the State Government and to resolve these difficulties, the Government had formed a Committee comprising Director Town and Country Planning, Director Local Government, Managing Director INFOTACH, Managing Director PSIEC to prepare Common Building Rules which shall be applicable to all areas of the State of Punjab. The Committee keeping in view the changing technological developments in the field of urban development and building constructions and after thorough deliberations in a number of meetings has prepared a draft of Common Building Rules as given below:

COMMON BUILDING RULES


Part I Preliminary
1. Definition.(i) 'abut' a building shall be said to abut a street where the outer face of any of its external walls is on the street boundary;

(ii) (a) 'Act' means the Punjab Regional and Town Planning and Development Act, 1995, (b) Municipal' Act' means the Punjab Municipal Act,1911 and

(c) Municipal Corporation Act' means the Punjab Municipal Corporation 1976. (ii)(a)' Alteration' a change to the structure of building , such as an addition to the area or height, or removal of part of a building or any change to the structure such as construction of cutting into or removal of any wall, partition, column, beam, joist, floor or other support, or a change to or closing of any required means of ingress or egress or a change to the fixtures or equipments; (iii) 'ancillary zone' in relation to any area means the land use zone ancillary or serving the dominant land use and includes all the conforming uses of the dominant land use but excludes all the non-conforming uses, whether existing or proposed; (iv) 'applicant' means a person who gives notice to the Competent Authority to erect or re-erect a building and also includes his legal representatives and authorized agent;

(v) 'authorized Officer' means an officer of the Authority specifically authorized by the Authority to perform functions of the authorized officer under these rules; (vi) 'architect' shall have the same meaning as has been assigned to it in the Architects Act, 1972; (vii) 'architectural control sheets' means the sheets of drawing with directions approved by the Competent Authority and kept in its office showing the measures of architectural control; Assembly Buildings means any building or part of a building , where number of persons not less than 50 congregate or gather for amusement, recreation, social ,religious, patriotic, civil, travel and similar purposes, for example, theatres ,motion picture houses, assembly halls, auditoria ,exhibition halls, museums, skating rinks, gymnasiums, restaurants, places of worship, dance halls, club rooms, passenger stations and terminal of air ,surface and marine public transportation services, recreation piers and stadia, etc. (viii) Balcony A horizontal projection, cantilevered or otherwise including a parapet handrail, balustrade, to serve as a passage or sit out place. (ix) 'basement' means storey just below the ground storey or which has in any part more than half of its height below the main level of the front street . (ix) (a) 'Building' shall mean any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth, walls floors, roofs, chimneys, plumbing and building services, fixed platforms, verandah, balcony, cornice or projection part of a building or anything affixed thereto or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures. tents, shamianas, tarpaulin shelters, etc. erected for temporary and ceremonial occasions with the permission of the Authority shall not be considered as Building; (ix)(b) 'Building Envelop' shall mean the horizontal spatial limits up to which a building may be permitted to be constructed on a plot. Zoned Area and Building Envelope shall have the same meaning. (x) 'building line' means a fixed line specified for a site beyond which no building within that site other than permitted projection and compound wall

shall project; (xi) 'chhajja' means a cantilevered horizontal or sloping projection; (xi)(a) Commercial building means a building used or constructed or adapted to be used either ordinarily or occasionally as ; (i) multiplex, cinema, office, bank, hotel, restaurant, shop, shopping complex; or (ii) a building primarily used for display and sale of merchandise or any similar purpose; or (iii) any other building used for purposes similar to (i) & (ii) above. (xi)(b)Competent Authority shall mean any person or authority appointed by the state government, by notification, to exercise and perform all or any of the powers and functions of the competent authority under the above acts. (xi)(b)Completion Certificate, means a Certificate issued by the competent authority on written request of the applicant / promoter after completion of building works including all services/ utilities as provided in the sanctioned building plans in case of buildings and in case of a colony under PAPR Act 1995 or Mega Projects on completion of development works viz., roads, water supply, sewerage and drainage system, street lightning, parks and other utilities as provided in the layout plan of the colony/project. Provided that the EWS component of the colony/project has been duly completed by the applicant / promoter as per policy of the Government. Provided further that the applicant / promoter has made all payments/ charges to the Competent Authority and the area under roads and parks have been duly transferred to the concerned Development Authorities by the applicant/promoter. (xii) (xiii) (xiv) (xv) (xvi) Courtyard means an area at the ground floor level or any other level within or adjacent to the building which is permanently open to sky and is enclosed or partially enclosed by the building, boundary walls or railings;; (a) detached building means a building detached on all sides. 'Engineer" means a person holding any of the qualification eligible to Associate Member of the Institution of Engineers . exit' means a passage, channel or means of egress from any building, to a street or other open space of safety; 'floor area ratio' means the ratio derived by dividing, the total covered area of all floors, (excluding the area of basement storey used for storage, services and parking, stilts used for parking and separate multi level parking block) by the area of plot; (xvii) 'ground floor' means the storey which has floor surface nearest to the ground.

(xviii)

group housing' means a building constructed or to be constructed with more than one floors consisting of more than one dwelling units

and having common service facilities; (xix) 'habitable room' means a room having windows and doors of the size of not less than one-tenth of the floor area of the room and designed for use of study, living, sleeping, eating, kitchen excluding bath rooms, water closets compartments, laundries, serving and storage pantries, corridors, attics and spaces which are not used frequently for extended period; (xx) 'height' height in relation to a building means the vertical measurement of the building measured from the plinth level upto the highest level of the building roof excluding parapet ,flues, ducts, water storage tank and mamties, domes, water cooling tanks, lift towers, lift rooms, architectural features not exceeding 2.25 meters in height, and in relation to a room means the vertical measurement from finished surface of the floor to the under surface of the ceiling of the room and in the case of sloping ceiling, the height shall be the minimum height of any room;

(xxi)

(a)Independent floors means a building used or intended to be used for residential purpose, where every floor of the building is a separate and independent dwelling unit. (xx)(b)Industrial building means a building used or constructed or adapted to be used either ordinarily or occasionally for fabrication, assembly, manufacturing or processing of products or materials of all kinds, (xxiii) (b) Information Technology and Information Technology enabled services (IT&ITES) building means a building used or constructed or adapted to be used for Software architecture design and development, software maintenance and implementation, operation of software systems, provision of software services, management of data bases, maintenance of computer networks and telecommunication net works, net work services, network administration, business process out sourcing or providing information technology enabled services. (Explanation: IT enabled services would mean; digital communication services, digital information content provision, digital data base management and updation, remote digital office services, soft ware operations and other information work that relies primarily and substantially on digital communication including data centres, call centres and back offices operations using IT but not direct sales and marketing).

(xxii)

(xxiv) (xxv)

'lobby' means a covered circulation space; ' loft' means an intermediate floor in between two main floors not less than 1.2 meters in height which may be adopted or constructed

for storage purposes and at a height of not less than 2.25 meters from floor level; (xxvi) (xxvii) (xxviii) 'mamti' means a small structure erected on the roof of a building at the head of a stair case to protect such a staircase from weather'

'material change of use' means a change of use from one class of building to another class of building; (a) Marriage Palace shall mean premises built up or open or both or any part thereof, where accommodation or space is used for marriage,

receptions, social gatherings, meetings etc. on regular or periodical or occasional basis and where number of persons not less than 50 can congregate or gather. (xxix) (xxx) (b) 'mezzanine floor' means an intermediate floor between two floors of any storey forming an integral part of floor below. (c) 'Multiplex' means an integrated entertainment and shopping centre / complex having at least three cinema halls with total minimum seating capacity of one thousand seats.. (xxxi) (xxxii) (xxxiii) (xxxiv) (xxxv) 'parking space' means an area to park vehicles meant either for private parking or public parking; (a) 'Pergola means set of beams spaced apart without sheet or slab and not to be considered as covered area 'plinth level' means the level of the ground floor of a building with respect to the front street ; 'plumber' means a person holding any of the qualifications specified in the Schedule and registered as such under these rules. 'public building' means a building used or constructed or adapted to be used either ordinarily or occasionally as a place open to general public and it includes a hospital, college, school, restaurant, theatre, public concert room, public lecture room, public exhibition hall or as a public place of assembly or entertainment for persons admitted there to by tickets or otherwise, or used or constructed or adapted to be used either ordinarily or occasionally for any similar public purposes; (xxxvi) (a) Residential building means a building used or constructed or adapted to be used either ordinarily or occasionally for normal residential purposes in which sleeping accommodation is provided with or without cooking or dining.

(xxxvii)

(a)

Storage and warehouse building means a building used or constructed or adapted to be used either ordinarily or occasionally for the

storage or sheltering of goods or any other similar activity, including servicing, processing or repairs incidental to such storage. (xxxviii) 'public parking' means a parking space used or provided exclusively for the parking of vehicles by the general Public. (xxxix) 'site coverage' means ground area covered by the building immediately above plinth level but does not include the space covered bya. the compound wall, gate; b. Permitted cantilevered projection. c. Garden rockery wall and well structure, plant nursery, water pool, platform around a tree, tank, fountain, bench; and

d. drainage, culvert, conduit catch pit, gully pit, chamber and gutter; e. electric meter, generator room with temporary roof, guard room.

(xl) (xli)

(a) stand alone project means any project which is independent with regard to its location, approach and is not a part of any other project storey' means any horizontal division of building so constructed as to be capable of use although such horizontal division may not extend over the whole depth or width of the building, but shall not include service floor and mezzanine floor;

(xlii)

'street' means any roads, path way, square court, alley or passage accessible whether permanently or temporarily to the public and whether a through fare or not, and shall include every vacant space not withstanding that it may be a private property and partly of wholly obstructed by any gate, post, chain or other barrier whether of houses, shops or other building abutting thereon, which is used by any person as a means of access to or from any public place or thorough fare whether such person be occupiers of such buildings or not, but shall not include any part of such space which the occupier of such building has a right at all hours to prevent all other persons from using as aforesaid and shall include also the drains or gutters therein or on either side and the land, whether covered or not by any pavement, verandah or other erection, up to the boundary of any abutting property not accessible to the public.

(xliii)

'temporary building' means a building built of un-burnt bricks, burnt bricks without mortar, corrugated iron, bamboo, thatch, wood board or

plywood but shall not include building built of burnt bricks, cement blocks or stones laid in mortar. (xliv) 'ventilation' means supply of outside air into a building though window or other openings due to wind outside and convection effects arising from temperature or vapors pressure differences and, or both, between inside and outside of the building; and it could be through mechanical device or through natural means. (xlv) 'zoning plan' means the plan approved by the Competent Authority showing the streets, boundaries of building site open spaces position, permissible heights, permissible uses of land and building site coverage and such other restrictions on the use and development of land or buildings. (xlvi) saving clause the words and expressions not defined in these rules shall carry the same meaning as defined in the Punjab Regional and Town Planning and Development Act,1995

PART II --- Procedure of Submission of Building Applications. 2. Erection or re-erection without permission ---Subject to the provisions of the act and other provisions of these rules, no person shall commence the erection or re-erection of any building on any site without previous sanction of the Competent Authority. Provided that in the case of erection or re-erection of a building on a site measuring up to 250 square meters and having not more than three storey prior sanction of the Competent Authority shall not be required. 3. Design and supervision. Except where standard design is supplied by the Competent Authority, the architectural design of every building shall be prepared and signed by architect and every building operation shall be supervised by architect or a engineer. 4. Application to erect or re-erect buildings.- every person who intend to erect or re-erect a building shall make an application in Form "A" to the Competent Authority along with a fee as is determined by the Competent authority and shall at the same time submit three sets of prints mounted on cloth duly signed by the applicant, or his authorized agent or attorney or electronically if so allowed/permitted by the competent

authority.---(i) site plan detailed in rule 6; (ii) plans, elevations and sections of the proposed building detailed in rule 7; (iii)water supply and drainage plans; (iv)structural stability certificate; (v) scheme for air conditioning or air cooling, if provided and (vi)in case the building is more than, fifteen meters in height, then three more sets of the schemes each designed for fire fighting system equipment and the electrical scheme; (2) The applicant shall submit any additional information and plans as are demanded by the Competent Authority. 5. (1)Site Plan.--- The site plan fully dimensioned shall be drawn to a readable and manageable scale. (2) The site plan shall be prepared to enable the site to be identified and shall show:(a) the boundaries of the site; (b) the directions of the north point relative to the site of the building; (c) the streets or roads adjoining the site with their width clearly dimensioned and names, if any, giving also all existing roads, trees, lamp posts or any other feature or structure likely to affect the approach to the building; (d) the outlines of the proposed building; (e) the levels of the site and the plinths of the building in relation to those of the neighboring roads; (f) the area of the site to be covered by the building and also the level of courtyard and open space; (g) all existing buildings or structure on or over or under the site or projecting beyond it; (h) methods of disposal of waste water, sewerage and storm water;

(i) Surroundings up to a distance of fifteen metres on all sides from the boundaries of the site. 7. Building plans, sections and elevations.--- The building plans, sections and elevations shall be drawn to a readable and manageable scale and the building plans so drawn shall show:a. the plan of the ground floor and other floors of the proposed building, all elevations and sections fully explaining the design; b. the plinth level of the building with reference to level of the front street; c. the level of the courtyard and open spaces in the building in relation to the highest level of the streets towards which the building is to be drained; d. the proposed building and the proposed method of draining it including the position, form and dimensions of water closet, urinals, drainage of stables, dhobi ghats, dust bins, gate pillars and the method of disposal of sewerage and storm water; e. The size of the doors, windows, openings and other methods of ventilation; and f. The means of access to the building and its various doors and means of escape in case of fire or any other emergency.

8.Standard Design and Architectural Controls:Where the applicant intends to construct a building in accordance with a standard design, approved by the Competent Authority, he shall obtain a copy of the same before starting the construction. In such cases he shall not be required to submit any building plan. Provided further that if the owner proposes certain permitted modifications in the standard design or the architectural controls, then he shall submit the same to the Competent Authority for approval.

9. Electronic submission of application:

Competent Authority may prescribe procedure for electronic/online submission of application/documents/drawings and payments in place of or in addition to provisions of rule 5 to 8 above 10. Occupation Certificate. 1) Every applicant on completion of the building works according to the building plan shall give notice of completion in Form 'B' and furnish the completion certificate in Form 'C' through his architect to the Competent Authority for issuing the occupation certificate. 2) The Competent Authority shall, within thirty days from the date of receipt of the application shall either issue the occupation certificate or reject the application giving reasons for such rejection in Form 'D'. Provided that the applicant shall remove or demolish any temporary building which might have been erected and the debris from the site and adjoining roads or vacant site before the occupation certificate is issued; Provided further that partial occupation certificate may be granted for partially constructed building with one habitable room, one water closet and one kitchen as per the sanctioned plan and duly functional in case of a residential house. Provided further that the partial occupation certificate may be granted for partially constructed non-residential buildings subject to the minimum completion of 25% construction of the permissible total floor area along with all the required public utilities and public safety measures. Provided further that the partial occupation certificate to SCOs/Shops may be granted subject to the condition that construction of ground floor is completed along with public safety measure. PART III ADMINISTRATIVE CONTROL

11. Power of competent Authority to sanction or refuse erection or re-erection.--1) The Competent Authority shall refuse to sanction the erection or re-erection of any building if it is in contravention of any of the provisions for these rules. 2) The Competent Authority may sanction the erection or re-erection of any building either absolutely or subject to such modification in accordance with these rules as it may deem fit and one copy of the mounted plans shall be sent to applicant with the word 'sanctioned' written on it. 3) The intimation of sanction or rejection of the building plans shall be given in Form 'E'. 12. Presumption of sanction.If the Competent Authority neglect or omits, within sixty days of the receipt from any person of valid application, complete in all respect to erect or re-erect a building, to pass orders sanctioning or refusing to sanction such erection or re-erection, the plans shall without, prejudice to the provisions of these rules and the restrictions specified for erection or re-erection of buildings be deemed to have been sanctioned and the applicant may proceed with the erection or re-erection of building or carryout any development work as described in the application in any accompanying documents, but not so as to contravene any of the provisions of the Act and these rules made there under and the restriction specified for erection or re-erection of buildings. 13. Validity period of sanction.----Every sanction for the erection or re-erection of any building or carrying out any development work shall remain in force unless it is modified or cancelled by the Competent Authority by due process of law.

PART IV Planning and Architectural Control

14. Compliance of zoning plan and architectural control sheets:1) The erection or re-erection of any building shall comply with the restrictions of the Zoning plan, architectural control sheets and the schedule clauses appended thereto. 2) In the case of public buildings or assembly buildings provisions contained in "The Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995" in so far as these relate to planning, designing and construction of public buildings and guidelines and space standards for Barrier Free Environment as specified under the said Act, shall also be complied with. 15. Site Coverage:-(1) The maximum permissible site coverage on residential plots shall be as under: Sr.No. 1) Area of plot

i. First 250 sq mts ii. Next 100 sq mts iii. Next 100 sq mts iv. Beyond 450sq mts

65% 60% 50% 40%

2) In case of group housing a) Minimum Approach Road 60 ft 79 ft b) Minimum Approach Road Above 80 ft 150 ft

maximum ground coverage -40% maximum ground coverage -35%

c) Minimum Approach Road above 150 ft

maximum ground coverage -30%

Note:- 0.20% of the total covered area of group housing project shall be allowable for convenient shopping such as grocery shop, vegetable shop, laundry shop, milk booth etc. 2) (a) Independent floors The maximum permissible site coverage shall be as under; Area of individual plot i. First 250sq mts ii. Next 100 sq mts iii. Next 100 sq mts iv. Beyond 450 sq mts 65% 60% 50% 40%

Provided that the plots proposed for Independent floors shall be in row housing earmarked for independent floors in the zoning plan or the plot to be used for independent floors shall have minimum area of 2000 sq. metres. Provided further, No individual plot in any block shall be allowed to build as an independent floor. The clubbing of two or more plots in row housing for independent floors may be allowed subject to the condition that front and rear setbacks of the plots shall not be disturbed. Provided further the parking in independent floors shall be compulsory under stilits. 3. Industrial Buildings: In case of Industrial Buildings the site coverage shall be as:

a) General industrial buildings

Sr.No. (i) (ii) (iii)

Area of site First 425 sqm. Next 425 sqm beyond 850 sq.mt

Permissible Site coverage 65% 60% 50%

b) IT industrial buildings Sr.No. i) ii) iii) Area of site Upto 225 sq mts Upto 425 sq mts Beyond 425 sq mts Permissible Site coverage 65% 60% 50%

Note : 5% residential component of total built up area under industrial use shall be permissible 4. Commercial. In commercial buildings site coverage shall be 40 %

5 Public Buildings- In public buildings, site coverage shall be as under;. i. ii. iii. iv. v. Educational or religious buildings Hospital, nursing home or medical laboratory; Hotel, Banquet hall, Club, Community centre Public concert hall or Auditorium; Museum, Gymnasium or Public exhibition hall Amusement park or Sports complex 40 % 40 % 40 % 40 % 10%

vi.

Marriage palaces

35%

16. Floor Area Ratio.- (1) The maximum floor area ratio shall not
(i) Educational or religious buildings. 1: 1.0

exceed for,-

(ii) Hospital, nursing home or medical laboratory; a) Area 1000 2000 sq yds with road 40 ft b) 2001 to 4000 sq.yds with road 60 ft c) 4001 sq.yds and above with road 80 ft

1:1.50 1:1.75* 1:2.25*

(iii) Banquet hall, Club, Community centre, Public concert hall or Auditorium; (iv) Museum, Gymnasium or Public exhibition hall (v) Amusement park or Sports complex (vi) In the case of residential plotted development and independent floors buildings i. ii. iii. iv. First 250 sqm. Next 100 sqm. Next 100 sqm beyond 450sqm. 1: 2.0 1: 1.40 1: 1.20 1: 0.90

1:1.0 1: 1.0 1:0.10

(vii) In case of group housing, the Floor Area Ratio shall be as under; a) b) c) Minimum Approach Road 60 ft 79 ft Minimum Approach Road Above 80 ft 150 ft Minimum Approach Road above 150 ft 1: 1.75 1:2.50 1:3.00

. (viii) Commercial Sites, the Floor Area Ratio shall be as under; For site located on road width between 80 ft to 100 ft For site located on road width between 101 ft to 150 ft For site located on road width between 151 ft to 200 ft (ix) HOTEL: For plot size 1000 sq. yds. to 2000 sq.yds with road 40 ft 1:2.0 1:2.5 1:3.0 1:2.0 1:2.50 1:3.0

For plot size 2001 sq. yds. to 4000 sq.yds with road 60 ft For plot size 4001 sq. yds. And above with road 80 ft and above

Note:- In rural areas outside Master Plans, the Hotel activity upto one acre area shall be permissible on Link Roads having minimum width of 22-0 (4

karam). However, the developer has to widen the road to minimum 40 ft by leaving proportionate area from his own land.

(x)

In case of industrial plots, the Floor Area Ratio shall be as under; a) In the case of industries except IT For plots up to 425 sq.mtr.in area For next 425 square meters Beyond 850 sq. meters 1.50 1.40 1.30

b) In case of IT units ,knowledge based industries, research institutions and commercial components of IT Park the FAR shall be 1:3.0

Note: The 2 percent free FAR shall be permissible to the Eco friendly buildings. The promoter have to provide Certificate from Bureau of Energy Efficiency or from GRIHA ( Green Rating Integrated Habitat assessment) Ministry of Non Renewable Energy Source and Energy government of India. However in

case the promoter fails to submit maintenance certificate after a period of 5 years from the competent authority the defaulter can be panellized @of 200 percent of extra FAR. 17. Height of building and set back.The maximum height upto which any building other than residential plotted building can be constructed shall have no restriction subject to clearance from Air port authority and fulfilment of rules such as setbacks, distance between buildings and structural safety and fire safety norms. As per NBC. The building setbacks shall be kept according to the provisions of NBC 2005 and as per subsequent amendments from time to time .The Minimum front set back (building line) on major roads shall be as notified by the competent authority from time to time. Provided that the maximum height of plotted residential buildings without stilts shall be 36excluding mumti, parapet, lift room and architectural features. In case of independent floors the stilts shall be compulsory and shall not be counted towards height of building. 18. Projection 1) Where there is an uncovered balcony or chhajja or cantilever from wall it shall not project more than 1.22 meters(Four feet) beyond the building line when measured at right angle to the outer face of the wall for plots above 250 sq.mt. and it shall be within the boundaries of the site and in the case of row houses or buildings adjoining each other where the area of the plot is upto 225 sq.mtr. the projection shall not be more than one-third of the corresponding depth of front or rear setback or 0.91 meters (three feet) whichever is less. Provided further that projection on door and window shall not exceed 0.90 metres. (three feet) provided further that projection shall not be at a lesser height than 2.06 mts. (6'-9") clear above the plinth level of the building. 2) The area of the projection shall not be counted towards the covered area of the site.

3) In case of corner plots, sunshade not exceeding 0.60 metres.(2 feet) on window opening on to the side shall be permitted at a height not less than 2.06 mts. (6'-9"). (19)The parking norms for different categories of buildings shall be as below:

Category of building Group Housing Project and independent floors building

Proposed Norms 1.5 ECS per DU with super area upto 1200 sq. feet, 2.0 ECS per DU with super area upto 3000 sq. feet and 3ECS above 3000 sq feet. Additional 10 % guest parking shall also be provided.

Stand alone Hostels Lodges, guest houses or inns COMMERCIAL BUILDINGS: Multiplex or Cinema, shop, shopping complex or a building primarily used for display and sale of merchandise or any similar purpose.

1.5 ECS/100sqm of covered area 2.0 ECS /100sqm of the covered area 3.0 ECS /100sqm of the covered area in respect of multiplex or cinema component plus 30%of the total covered area of that component i.e (multiplex or cinema component) and 2 ECS / 100 sq m of the balance total commercial covered area including circulation area 2 ECS /100sqm of the total covered area including circulation area.

Restaurant, shop, shopping complex or a building primarily used for display and sale of merchandise or any similar purpose

Office or Bank PUBLIC BUILDINGS Educational or Religious Building; Hospital, Nursing Home or Medical Laboratory;

2 ECS /100sqm of the total covered area 1.5 ECS /100sqm of the covered area. 2.0 ECS /100sqm of the covered area.

Hotel, Banquet hall, Club, Community centre, Public concert hall 2.0 ECS /100sqm of the plot area. or Auditorium, Amusement park or Sports Complex. 1.0 ECS /100sqm of the plot area. Museum or Gymnasium Public exhibition hall INDUSTRIAL BUILDINGS Manufacturing industry IT & IT enabled services 1.0 ECS /100sqm of the covered area. 2.0 ECS /100sqm of the covered area. 1.0 ECS /100sqm of the covered area. 3.0 ECS /100sqm of the covered area.

2.0 ECS /100sqm of the covered area. STORAGE AND WAREHOUSE BUILDING Freight depot Warehouses, Cold stores, Transit shed store, Grain elevator or any 1.0 ECS /100sqm of the storage capacity. other such activity.

Multi level basement will be allowed upto the outer limits of plot area except in 6 (six) meter set backs on the all sides of a plot provided it satisfy the public health and structural requirements. Separate multi level parking blocks are permissible within zoned area and such area shall not be counted in FAR and ground coverage. In case parking is provided under stilts, it shall not be counted towards FAR and height.

For the provision of car parking spaces, the space standards shall be as under or as amended from time to time:i) For open parking 23 square meters per equivalent car space.

ii) For ground floor covered parking 28 square meters per equivalent car spaces. iii) For basement 32 square meter per equivalent car space. Provided further that i) Mechanical parking shall be permitted subject to mechanical and structural safety. However, it shall not exceed 20% of the total parking requirements. In such case the maintenance for 10 years shall be the responsibility of promoter. ii) Minimum 20% of the total required parking shall be on ground floor. iii) Parking where it is provided in stilts, shall be permissible under the building only. Clear height from the finished level of the ground floor to the under surface of the beam, joint girders or any other horizontal structure member shall be 76 , iv) Provided further that if there is any doubt regarding the category of any building, the decision of the State Government shall be final. v) Provided that parking for the disabled persons shall also comply with the provisions of "The Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation)Act, 1995".

20. Minimum Area of Courtyard:1) The minimum area of every closed courtyard of a residential building upon which habitable rooms abut shall not be less than nine square metres and the minimum width of every such courtyard in any direction shall not be less than 2.5 metres. 2) Not with standing the provisions of sub rule (1),the clear width of the courtyard shall not be less than one-third of the mean height of the abutting building or enclosing walls.

(21) Dwelling Unit:1) Each residential building intended for the use of a single family shall, in addition to living room or rooms, have at least;a) One kitchen or kitchen alcove; and b) One bath room or an enclosed or open bathing platform and water closet; or c) One toilet comprising of a bathroom and a water closet

2) Where a residential building is intended for use of more than one family such as a block of flats, the requirement specified in sub rule (1) shall be repeated for every family. 3) Where community kitchens, bath rooms, latrines or water closets are provided in a public building the requirement with regard to the provisions of kitchen, bath rooms, latrines and water closet may be dispensed with; Provided that the standard of community kitchens, bath rooms and latrines shall be in accordance with the National Building Code. 22. Minimum height of room, verandah and light ventilation.1) The height of a habitable room shall not be less than 2.70 metres and the mean height of a water closet, bath room, store room, gallery , verandah and mezzanine floor shall not be less than 2.25 metres and the clear headroom in any staircase shall not be less than 2.25 metres and the clear head room in any staircase shall not be less than 2.25 meters. 2) Notwithstanding the obstruction by the projection and compound wall, habitable room shall have the opening either directly or through an open verandah or courtyard, into an open space having a minimum width of 2.5 metres and the total aggregate an open able area in the form of windows, ventilators, glazed doors or other apertures shall not be less than one-tenth of the floor area of the room.

23. Provision of lift.- The provision shall be as per NBC 2005 and as amended from time to time. 24. Basement.- The minimum height of basement shall be 2.50 meters measured from the finished level of the floor to the under surface of the beam, joist girders or any other horizontal structural member. The multi level basement shall be allowed maximum upto the zoned area of the site leaving the minimum6 meter required setbacks as per provisions of NBC 2005 and subsequent amendment. The structural safety of the adjoining buildings and the movement of fire tender should be ensured while allowing the basement. It shall be allowed subject to following conditions; 1. First level basement upto the extent of 75 percent basement area may be used for habitable purposes in commercial buildings only subject to the condition that mandatory parking area norms are fulfilled and it shall be fully air-conditioned, mechanically ventilated and conforming to fire safety norms, public health and structural safety norms . The minimum two entry/exits shall be mandatory for habitable use of basement.. Such area shall be counted towards FAR. 2. The remaining 25 percent area of first level basement may be put to following uses: a) Storage of household or other goods of non-combustible material. b) Strong rooms, bank cellars, etc. c) Air conditioning equipment and other machines used for services and utilities of the building; & d) Parking Basement if used for purposes mentioned at 2(a), (b),(c) and (d) shall not be counted towards FAR. 3. The basement shall have the following requirements: a) Basement shall be at least 2.4 mt. in height from the floor to the underside of the roof slab or ceiling; b) Adequate ventilation shall be provided for the basement. Any deficiency may be met by providing adequate mechanical ventilation in the form of blowers, exhaust fans, air conditioning system etc. c) The minimum height of the ceiling of first level basement shall be 0.9 mt. and maximum 1.2 mt .above the average surrounding ground

level. d) Adequate arrangement shall be made such that surface drainage does not enter the basement. e) There shall be provisions of sufficient doors in case the basement is used for office or commercial purposes and maximum travel distance from any point to the door shall not exceed 15 mts. f) In case the basement is allowed beyond the building then the level of the basement shall be at the ground floor level and the slabs should be designed to bear the load of fire tenders.

25. Stair Case.- (1) Minimum width, tread and maximum riser of the staircase for different type of buildings shall be as per NBC 2005 and as per subsequent amendments. 26. Set back of projected portion of roof level The projected portion of parapet, flues, ducts, water storage tanks, mamties, minarets, domes, water cooling tanks, lift towers, lifts rooms exceeding 2.25 metres in height shall be receded from the faade by a minimum distance equal to their height above roof level, failing which these shall be counted in calculating the height of the building as well as covered area 27. Distance between buildings.Distance between buildings within the same site or between buildings of the adjoining sites, shall be as per the provision of NBC 2005 and as amended from time to time. 28. Street width . Except as otherwise provided in any sanctioned scheme of the State Government or of a Local authority, no building shall be erected or re-erected unless it abuts on a street, lane alley, passage, road or otherwise, whether existing or proposed unless the same is clearly laid on the ground and is not be less than:-

i)

Residential buildings

10.6 metres (35ft). 18 metres (60ft) 18 metres (60 ft) 18 metres ( 60ft) 25 metres (80ft) 18 metres (60ft)

ii) Grouping Housing iii) Independent floors iv) Local level commercial (G+1) v) Commercial (above 3 storey ) vi) Industrial buildings

vii) Nursing Home/Hospital a) For plot size 1000 sq. yds. to 2000 sq.yds. with minimum frontage of 60 feet b) For plot size 2001 sq. yds. to 4000 sq.yds. with minimum frontage of 90 feet c) For plot size 4001 sq. yds. And above with minimum frontage of 120 feet

40 ft. 60 ft. 80 ft.

viii) HOTEL: For plot size 1000 sq. yds. to 2000 sq.yds. with minimum frontage of 60 feet. For plot size 2001 sq. yds. to 4000 sq.yds. with minimum frontage of 90 feet For plot size 4001 sq. yds. And above with minimum frontage of 120 feet

40 ft 60 ft. 80 ft.

NOTE: No hotel site shall be eligible for incentives under any policy of the government having plot size less than 1000 sq.yds. ix) Marriage palace x) Other buildings :- As per marriage palace policy notified by the government or as amended from time to time. :- As per Master Plan of the area

PART V Material and Structural Control

29. Fire Protection . 1) All requirement of fire protection through classification of buildings based on occupancy, type of construction and other requirement shall be in accordance with the IS-1642-1960 Code of practice for Safety of Buildings (General); material and details of construction, and other relevant B.I.S. Code or the National Building Code with latest amendments. 2) For buildings having more than four storey in height non-combustible material shall be used for constructions. 30. Structural Design.-The structural design of all buildings shall be in accordance with the relevant provisions of the B.I.S. Code and shall be certified by a engineer. 31. Plinth level .The plinth level shall be forty five centimeters from the crown of the adjoining road in front or as specified by the Competent Authority from time to time. Provided that for a detached building the plinth level may be more than 45 centimeters . Provided further that the level of front court yard shall not exceed 45 centimeters and the ramp from the front road to the court yard shall be within the plot boundary 32. Roof, - The construction of every roof shall conform to the materials and specifications as are specified in the Punjab Public Works Department specifications. 32(a). Use of Glass:- Glass used in buildings shall conform to the relevant provision of BIS code or the NBC with latest amendments.

PART VI Public Health: Water Supply, Sewerage and Drainage

33. Application for connection. Every application for water connection from the main water supply for a private domestic purpose shall be made in Form 'F' to the Competent Authority through a registered plumber. 34. Material for water connection Every applicant shall procure at his own cost at least a ferrule ISI mark, a stop cock ISI mark, water meter and surface box if the water meter and surface box is not supplied by the Competent Authority, medium size G.I. pipes and specials to be installed for the ground floor level. 35. Sanction of water connection On receipt of the application under rule 33 and subject to the fulfillment of the requirements of these rules, the Competent Authority may sanction the water connection and direct the applicant to deposit such security and any other charges as may be determined by the Chief Administrator for getting the water connection. 36. Release of water connection 1) After the water Connection is sanctioned under rule 35 the applicant shall excavate the trench in a safe manner at the place from where connection from the water main has been sanctioned and thereafter supply pipe line will be drilled and ferrule and connection pipe shall be laid. 2(a) No building or premises shall be supplied with water by the Competent Authority through more than one communication pipe and in the case of multi storeyed flats, separate water connection for each flat will be allowed and its water meter shall be installed at the ground floor. (b) All works to be carried out by the applicant in connection with the supply or use of water shall be required to be executed by the registered plumber and shall conform to the standard and specifications laid down for such items in the Punjab Public Works Department specification Book 1986 Edition and

if no standards or specifications are laid down for any item it shall be as per standard and specifications of the Indian Standard Institute and if no standard and specifications are laid down by the Indian Standard Institute then that item shall be as per the Bureau of Indian Standards. 37. Notice and Certificate of Completion of work.No connection to any public sewer shall be made nor any water borne sanitary installation and drainage work intended to be connected through the connection shall be brought into use, until the applicant, after completion of minimum works, has applied to the Competent Authority for a certificate, and a certificate has been issued by the competent authority in Form 'D' after satisfying that the sanitary installations and drainage have been satisfactorily completed in compliance with these rules. (2) If no decision is communicated on the application for a certificate under sub rule (1) within 20 days of the receipt of the application, the certificate shall be deemed to have been granted. 38.Application before connection with public sewer 1) After the grant of the certificate referred to in rule 37 or in the event of the certificate having been deemed to have been granted, every person intending to connect a drain or sewer to a public water sewer shall apply in form 'G' to the Competent Authority at least seven days before the date on which connection is required. 2) The application under sub rule (1) shall be accompanied by the certificate referred to in rule 37 along with a fee which the Chief Administrator may specify from time to time. 3) On receipt of the application and subject to the requirements of rule 37, the Competent Authority shall accept or reject the application. 4) In the event of the required connection having been sanctioned, it shall be got connected through a registered plumber.

39. Connection with Public sewer Every drain or sewer discharging into a public sewer shall join the sewer obliquely in the direction of the flow of the sewer and such a connection shall be made at an existing junction in the sewer or there shall be an interception manhole before the connection within the boundaries of the site. 40. Material for drain and construction The material and methods of construction for drain shall conform to the Punjab PWD Specification, 1986 Edition, as amended from time to time, and if there are no such specifications laid down for any item, the same should conform to the specifications laid down for such item by the Bureau of Indian Standards/ISI. 41. Drain Connection for trade effluent Every drain and private sewer intended solely for conveyance of industrial or chemical or other trade effluent shall be constructed of good and sound type of material unaffected by the chemical action of the effluent and shall be laid as prescribed in the Punjab PWD Specifications or the National Building Code or in accordance with the instructions issued from time to time by the Competent Authority. 42. Waste water pipes . A waste water pipe from a bath, sink (not being a slope sink), bidet or lavatory basin and pipe for carrying water directly shall, i) not discharge as to cause dampness in the walls or the foundation of a building.

ii) if it discharges into a drain, be disconnected from the drain by a trapped gully with a suitable grating above the level of the water in the trap. 43. Manholes 1) At every change in alignment, gradient or diameter of a drain there shall be a manhole inspection chamber, and bends and junctions in the drain shall be grouped together in a manhole as far as possible and a maximum distance between manhole and gully chamber shall not exceed six

meters. 2) Where the diameter of a drain is increased the crown of the pipes be shall fixed at the same level and the necessary slopes given in the invert of the manhole chamber, and in exceptional cases, where the required fall is not available, connection may be made upto half the difference in the diameter that is the connecting branch sewer shall be connected with the main sewer in such a manner that full supply level of both the sewers is maintained running half the diameter of both the sewers of drain and the minimum internal size of chamber (between brick faces) shall be as follows: a) For depth of 0.80 meter: 0.75x0.75 meters.

b) For depth of more than 0.80 meters but not exceeding 2.1 meters:1.2 x 0.90 metres and c) 44. Septic Tank , No septic tank shall be located within thirty meters of any percolation well, water sources or stream used or likely to be used for drinking or domestic purposes or for the manufacture or preparation of any articles of food or drink for human consumption and it shall be readily accessible so as to permit cleaning operations being carried out without interference with the operation of any water borne sanitary installation as a whole. 1. Every septic tank shall be constructed into two separate compartment so that one compartment when required may be put out of use for cleaning purposes. 2. The capacity of every compartment of the septic tank shall be two and a half times the total water allowance for the total number of residents of the building. 3. Every inlet pipe into a septic tank shall be effectively trapped. 4. The design of septic tank shall be in accordance with the B.I.S. Code No.IS 2470, Part-I-1968 and IS 2470 (Part-II-1971) Code of practice for design and construction of septic tank. For depths of more than 2.1 meters : rectangular chamber with minimum internal dimension of 1.20x0.90 meter.

45. Absorption pits,-

1) In the matter of location every absorption pit shall conform to the same restrictions as are laid down for a septic tank under rule 44. 2) No absorption pit shall have any outlet into, or means of communication with, any sewer, storm water, drain or surface drain. 3) The wall of every absorption pit shall be at least 0.50 metre above ground level so as to exclude effectively the entry of storm water into the absorption pit. 4) The absorption pit shall be constructed in duplicate so that one pit can be put out of use for cleaning purpose and the capacity of the absorption pit shall be as approved by the Competent Authority. 5) The other details of the absorption pit should conform to the B.I.S. Code No.IS 2470(Part I) 1968 Code of Practice for design and construction of septic tanks. 6) The absorption pits shall be provided with adequate means of access for removing the filtering media and cleaning the same. 45(a) Roof Top Rain Water Harvesting and Ground Water Recharging: All the buildings located on plot area of 400 sq. metres and above shall have Roof Top Rain Water Harvesting System to recharge Ground Water as per the specific design to be provided by the concerned Development Authority. 46. Electrical installations, 1. The electrical installations in the building shall be carried out in conformity with the requirements of the Indian Electricity Act, 1910 and the Indian

Electricity Rules, 1956, as amended from time to time. 2. The work of electric installations shall be carried out under the supervision of a person holding a Certificate of Competency issued by the Chief Electrical Inspector, Punjab.

46(a) Solar Water Heating System and Compact Fluorescent Lamps(CFLs) shall be provided as per provisions of Renewal Energy Systems and Punjab Energy Conservation Building Code (PECBC) Provision of Renewal Energy Systems (Solar Water Heating Systems, Solar Photo Voltaic System) and use of Punjab Energy Conservation Building Code as notified under Energy Conservation Act 2001and as amended from time to time shall be applicable while approving the building plans for construction of buildings. Provided further, that an incentive of 50 percent refund of building scrutiny fee shall be permissible on completion of the building on production of certificate from competent authority of PEDA PART VII -- Registration of Architect Engineers and Plumbers. 47.Registration of Architects,To be deleted. 48. Registration of Engineers.To be deleted

49. Registration of Plumbers A plumber who is holding any of the qualifications specified in the Schedule and desirous of registration with the Authorized Officer shall make an application in Form 'J' along with such fee as is determined by the Chief Administrator as a registration fee for a period of five years. 50. Grant of registration, - If an application made under rule 48 or rule 49 is found in order, the Authorized Officer may grant registration and issue a registration certificate in Form 'K' to the applicant for registering him as Engineer or Plumber, as the case may be. 51. Renewal of registration A registration certificate issued under rule 50 shall be renewable for a period of five years on the payment of such renewal fee as is determined by the Chief Administrator. 52. Cancellation of registration certificate A registration certificate granted under rule 50 or renewed under rule 51 shall be liable to be cancelled by the Authorized Officer if the holder thereof contravenes any of the provisions of the Act or the rules or regulations made there under or any direction issued there under by the Competent Authority. Provided that before canceling the registration certificate reasonable opportunity of being heard will be afforded to the holder of the registration certificate. PART VIII Miscellaneous 53. Relaxation The Competent Authority may relax any of the provisions of these rules for reasons to be recorded in writing in respect of any class or category of cases

Rule 53-A

Matters not covered under these rules:In respect of the matters which are not directly or indirectly covered under these rules the Competent Authority shall be guided by the provisions of the National Building Code of India 2005, as amended from time to time.

53-B

Compliance of right to service Act,2011The compliance of time schedule prescribed in the above said act shall be adhered to for the various approvals/sanctions under these rules in respect of water and sewer connections.

Chapter-5
Affordable Housing As per present policy every promoter of a housing project is required to leave 10% area of the area under residential plots for EWS in PAPRA projects and in case of non PAPRA Mega Projects 5 % of the gross area of the project is required to be earmarked for Affordable housing for weaker sections of the society. The promoters were given certain incentives like exemption from CLU, EDC, License fee etc to construct house for EWS but in spite of these incentives no satisfactory progress in this field have been noticed . In this background the government has decided that in case of housing projects where plotted as well as flatted development is under taken by the developer in that case the area reserved for EWS shall be transferred free of cost to the concerned authority for construction of houses for EWS. These houses shall be allotted to the eligible persons as per policy of the government. In case of standalone group housing projects the developer shall be responsible to construct houses for EWS which will be handed over to the concerned development authority for allotment to eligible persons as per policy of government.

Chapter-6
6. Incentives for Green Buildings:
Green building is one which uses locally available and low embodied materials, consumes minimum water, energy efficient, conserves natural resources, generates less waste and provides healthy spaces to occupants as compared to conventional buildings. The concept of Green Buildings ensures minimum harm to the environment and is considered Eco-friendly. These buildings are designed to: cities. The builders have to provide certificate from Bureau of Energy Efficiency (BEE) or Green Rating Integrated Habitat Assessment (GRIHA) or Leadership in Energy and Environment of Designs (LEED) for availing this concession. The promoter has to submit Maintenance Certificate after a period of every five years from above said agencies. Criterion for Rating System for Certification: Criterion 1 Criterion 2 Site Selection Preserve and protect the landscape during Lower operating costs and increase asset value; Reduce waste sent to landfills; Conserve energy and water; Be healthier and safer for occupants; Reduce harmful greenhouse gas emissions and; Qualify for tax rebates, zoning allowances and other incentives in hundreds of

construction/compensatory depository forestation Criterion 3 Criterion 4 Criterion 5 Criterion 6 Criterion 7 Soil conservation (till post-construction) Design to include existing site features. Reduce hard paving on-site and /or provide shaded hard - paved surfaces. Enhance outdoor lighting system efficiency. Plan utilities efficiently and optimize on-site circulation efficiency

Health and well being during construction Criterion 8 Provide at least, the minimum level of sanitation/safety facilities for

construction workers

Criterion 9

Reduce air pollution during construction

Building Planning and Construction Stage Water Criterion 10 Reduce landscape water requirement Criterion 11 Reduce building water use. Criterion 12 Efficient water use during construction Energy: end use Criterion 13 Optimize building design to reduce the conventional energy demand Criterion 14 Optimize the energy performance of the building within specified comfort limits Energy: embodied and construction Criterion 15 Utilization of fly ash in the building structure. Criterion 16 Reduce volume, weight, and time of construction technology (e.g. pre-cast systems, ready-mix concrete, etc.). Criterion 17 Use low-energy material in the interiors Energy: renewable Criterion 18 Renewable energy utilization Criterion 19 Renewable energy - based hot- water system. Recycle, recharge, and reuse of water Criterion 20 Wastewater treatment Criterion 21 Water recycle and reuse (including rainwater) Waste management Criterion 22 Reduction in waste during construction Criterion 23 Efficient waste segregation Criterion 24 Storage and disposal of waste Criterion 25 Resource recovery from waste Health and well-being during post-construction occupation Criterion 26 Use of low-VOC (volatile organic compounds) paints/ adhesives / sealants. Criterion 27 Minimize ozone depleting substances Criterion 28 Ensure water quality Criterion 29 Acceptable outdoor and indoor noise levels Criterion 30 Tobacco and smoke control by adopting an efficient

Criterion 31 Provide the minimum level of accessibility for persons with disabilities Building Operation and Maintenance Criterion 32 Energy audit and validation Criterion 33 Building operation and maintenance Innovation Criterion 34 Innovation points

The Government of Punjab, in order to encourage the construction of Green Buildings has decided to permit 2 percent of the total permissible FAR free of cost to Gold and Platinum Certified eco-friendly buildings. In case of default, he will be penalized @ 200% of concessional FAR.

Chapter-7
7. Procedure and Time Lines for approval of various projects: In order to avoid delays in the clearance of projects, the Government has fixed time lines for all type of clearances related to the development projects viz., CLU / Layout plan approvals, Issuance of License, approval of Building Plans / Completion Certificate. Following statutory approvals, aiming planned urban growth with adequate common amenities inside as well as outside the colonies and safe guarding the interest of common man is essential, before setting up a colony:
I. II.

Conversion (change) of land use License for setting up the colony (U/S 5, Rule 10 of PAPR Act,1995) Renewal/Extension in time for license Completion Certificate

III. IV.

I. PERMISSION FOR CONVERSION (CHANGE) OF LAND USE Application to the Competent Authority for grant of CLU (A) Checklist of documents for obtaining Change of land use

1. Location map of site showing nearby features and roads to enable official staff to locate the proposed site of the colony. 2. Copy of Shajra Plan showing the site duly signed by Patwari. 3. Proof of ownership: Fard Jamabandi (Not older than two months) Copies of sale deeds

Copy of irrevocable consent if the land belongs to another owner, authorizing the promoter to obtain CLU and license for the development of colony on a non judicial stamp paper. 4. Non encumbrance certificate issued by concerned Tehsildar (Sub Registrar). 5. Draft of processing fee @Rs.5000/for first acre and Rs.1000 for every subsequent acre as per instructions issued by state govt. vide memo no.18/65/2005-6hg-2/7102 dated14.7.2005. (B) Office Reports required for issue of CLU 1. District Town Planners field report 2. Verification report by concerned Tehsildar. If documents are in order, demand for conversion charges at notified rates will be raised immediately. (C) Processing time for CLU Sr. No. Name of activity 1. Dispatch of letter for obtaining reports 2. 3. 4. Time for submission of report of DTP Time for submission of report of Tehsildar Processing of reports and if found o.k. conveying to applicant for the deposit of CLU charges as per notification issued by govt. appended at Annexure VI. Issue of permission for CLU Total Time taken Within 3 days from the receipt of application 14 days from date of dispatch 14 days from date of dispatch 3 days from the receipt of reports Remarks Time shall be working days and total time is subject to the receipt of reports

5. 6.

3 days from the deposit of charges 23 days

Note: 1. Time schedule is valid in case CLU is issued at local level. 2. In case there is difference in actual area as demarcated by revenue authorities and as recorded in revenue records, then CLU will be

allowed and charges be levied for actual area, though no legal rights as to ownership will accrue on account of this. III) LICENSE FOR SETTING UP A COLONY (U/S 5, Rule 10 of PAPR Act, 1995)

Check List of documents to be submitted with FORM APR-I For the establishment of any colony the promoter has to obtain license under PAPR Act, 1995 which involves two stages; A) Issue of LOI B) Grant of License A) Documents required to be submitted for issuing LOI 1. Copy of CLU 2. i. ii. iii. iv. 3. Application in Form APR-I along with the following information: Name of colony Location of colony: Village----------, Tehsil------------, district----------Whether within MC limits or outside-----------Total area of the proposed colony-----------Proof of ownership and revenue details

i) Copy/copies of title deeds and other documents showing the interest of applicant ii) Irrevocable Consent of land owner on non judicial paper if land is owned by another person(s) iii) Current Fard Jamabandi (not older than two months) iv) Copy of Shajra Plan showing the site duly signed & issued by Patwari v) Non encumbrance certificate vi) Certificate of an advocate with at least 7 years of standing regarding the verification of revenue record of 30 years. (Search report) 4. General information: Status of applicant, whether individual/firm/company/cooperative society

a)

b)

6)

In case of individual: i) Name ii) Fathers name iii) Occupation iv) Permanent address v) Whether the applicant is income tax payer, if so give income Tax Account Number_______PAN No.________ In case of firm/company or cooperative society i) Name ii) address iii) Major activities iv) Name and address of partners/chief executive/full time directors. i) Whether the applicant is income tax payer, if so give income Tax Account Number_______PAN No.________ Financial position: i. Details of immovable property held by applicant ii. Copy of Audited accounts in case of company/firm/cooperative society etc. iii. Detail of bank accounts Firm/company Individual

6.

Technical information Maps and drawings (i) Location/ guide map of site on a scale not less than 10 cm to 1 KM showing the location of the colony in relation to surroundings geographical features to enable the identification of land. Survey map on a scale not less than 1:1000 showing spot levels at 30 meter intervals and its superimposition revenue map. Layout plan of a proposed colony on a scale not less than 1:1000 Plan showing the cross section of proposed roads

(ii) (iii)

Plan showing the layout of sewer lines/ storm water lines/channels/water lines/street light and landscape plan. 7. Explanatory note explaining the salient features of the proposed colony, in particulars, the source of water supply, arrangements for disposal of storm water and sullage water as below Total area of scheme/colony. Total number of plots and their sizes. Total no. of shops Source of water supply and proposed arrangements. Proposed arrangements for disposal of sewer/storm water and its treatment. Proposed area under parks and percentage to total area. Number of dwelling units and their size in case of group housing. Note: The LOI shall include the (in principle) approved layout plan to help in preparing Service Plans. B) INFORMATION/DOCUMENTS REQUIRED TO BE SUBMITTED FOR GRANT OF LICENCE 1. Detailed plan and specifications, design and estimates of the following (Service Plans) I. II. III. IV. Layout plan showing plot numbers Road network Water supply and storm water system Sewer system, disposal and treatment of storm water and sullage water V. Electric supply /street light VI. Horticulture and Landscaping VII. Plan showing water harvesting scheme.

(iv)

2. 3. 4. 5.

Name and qualification of the Engineer and his consent to execute the development works Undertaking to comply with the terms and conditions of LOI Payment of first instalment of EDC i.e. 15 percent of total amount. Payment of License fee as per Notification appended at Annexure- VI.

6.

7. 8. 9. 10.

Submission of bank guarantee @ 25 percent of estimated cost of development works as verified by Engineering Department (Specimen copy of BG is at Annexure-IX). Payment of urban development fund and social infrastructure fund (3%). Undertaking that land has not been sold/ transferred after grant of CLU. Submission of demarcation plan to help verify the actual demarcation of layout at site. Any other information to be submitted as required by the competent authority. Demarcation of a colony as per approved Layout plan shall be checked and verified by the concerned Development Authority staff within three months from the date of issue of Licence. The Zoning plan of the colony shall be submitted by the promoter within three month from the verification of the demarcation and further, approved by the Competent Authority within one month of its submission.

Note: i.

ii.

Reporting departments/agencies: Comments of following departments shall be obtained by the licensing authority before issuing license. The reporting agencies have to submit their comments within stipulated time as per table below, failing which it will be deemed that they have no objection and the licensing authority will proceed to issue the license. In addition licensing authority may seek report about the site from other departments as well keeping in view any peculiarities of the site, pointed out by Town and Country Planning Department. a) Town and Country Planning department. b) Punjab pollution control board. c) XEN Drainage

d) Divisional Forest Officer e) XEN PSEB f) XEN PWD (B&R) The reports received by the Competent Authority will be discussed by the Screening Committee which shall have the following members, the competent authority may invite any other officer as he may deem necessary. 1. Competent authority 2. ACA concerned 3. SE Development Authority 4. XEN PPCB 5. XEN Drainage 6. DFO 7. XEN PSEB 8. XEN Roads (B&R) 9. Tehsildar (concerned) 10. Concerned Senior Town Planner (STP)/ District Town Planner (DTP) Chairman Member Member Member Member Member Member Member Member Member Secretary

* Where at local level STP is not posted the concerned District Town Planner will be the member Time Schedule for Licensing Sr. No. 1. Name of activity Circulation of documents for obtaining reports from concerned agencies by Nodal officer concerned. Observation regarding layout plan if any. Issue of LOI on the basis of submitted documents if found in No. of Days to complete 3 days Remarks No. of days means working days

2. 3.

3 days 15 days Layout out approval by

4.

order and asking for submission of service plans and other documents as per LOI Submission of Within 30 documents/information in days from compliance to the conditions of LOI issue of LOI

prescribed authority To be circulated to the concerned reporting agencies.

5.

6. 7.

8. IV)

Receipt of reports regarding the 21days from service plans and other reports for dispatch fulfilment of conditions of LOI Convening of meeting of approval 10 days Notice period committee Conveying the approval or 7 days observations if any as per the approval of committee and issue of license. Total time taken say 60 days Reporting of development works to Licensing Authority

1. Progress report on the items indicated in the table given in para VI, has to be submitted by promoter every six months and shall be verified by engineering staff of development authority. 2. Checking shall be done by Engineering Staff of Development Authorities at the time of demarcation of Layout at site & before laying services to ensure correct implementation of layout & also to check materials are as per approved specifications. The report will be submitted to Competent Authority within 7 days of the inspection. 3. Observation/ directions if any will be conveyed to the promoter by the Competent Authority within further 7 days. V) Renewal/Extension of Time for license To streamline the renewal process, following steps will be taken up by the Competent Authority. i) The application for renewal shall contain current status of development works, variations if any from approved specifications and reasons for extension in time and an undertaking to complete

the remaining development works within the period sought for extension i.e 1 year maximum. ii) Licensing Authority shall arrange an inspection of the colony by the Engineering Staff of the Authority or by a Joint Committee consisting of Superintending Engineer of concerned Authority, concerned DTP and Incharge of Licensing Branch, within 15 days of submission of application & convey its specific observations, if any, to the applicant within further 7 days. iii) Renewal shall be conveyed within 7 days on the progress report submitted by the Promoter. (As (i) above) VI) Completion Certificate of colony Procedure for issue of completion certificate: a) The information listed in the following table shall be submitted by the promoter along with a forwarding letter to the competent authority for taking completion certificate. Information required to grant/ issue completion certificate Sr Name of works No. Completed (%) Not Report of Remarks completed inspection committee (%)

1 2 3 4

Demarcation of layout Road net work Water supply Sewer system including sewerage treatment plant. Storm water drains Development of parks Street lighting Deposit of EDC

5 6 7 8

School, Community Centre, Dispensary etc. as per license. NOC from all departments required as per license. b) Based on the application and other documents submitted by promoter as per above table to Competent Authority along with application for obtaining the completion certificate the following steps will be taken by the Competent Authority : The joint inspection by committee should be conducted within 21 days from the submission of application as per approved plans, development work schedule as well as progress report submitted by the promoters. The observations if any should be conveyed to the applicant within 7 days from the inspection date. 2) If reports are in order, then completion certificate shall be issued within 15 days from the inspection date. 3) As per the provision of rule12(iv) of PAPR Act, in case the promoter wants to transfer the sites reserved for community facilities to the authority free of cost he should be allowed to do so and the completion certificate should not be withheld for this reason. 4) Formation of society of residents of that colony or to be maintained by the development authority by charging the requisite fee (maintenance Fund). Provision of External Services: In order to streamline and integrate the process of development outside Municipal Committee/ Corporation limits, the provision of external development services needs to be simultaneously taken up for which following steps are proposed. 1. The Development Authorities should prepare 5 years Action Programme for potential areas ripe for development, in coordination with T&CP Department. 1)

10

VII)

2. The external services as per Action Programme such as road connectivity, water supply, sewer lines & power lines should be executed within the time bound frame by the development authority using the external development charges/funds. 3. In order to achieve good results in the field of private colonization, meetings on monthly basis be made regular feature of all the Development Authorities and Town Planning Department. GENERAL PROCEDURE FOR APPROVAL OF MEGA PROJECTS Application for approval of mega project will be received in the office of the concerned nodal agency i.e. the Punjab Urban Development Authority for Housing projects, Punjab Agro Industries Corporation for Agro Processing projects and Udyog Sahayak in the Department of Industries for Industries for Industrial Parks, Manufacturing, Multiplexes, Hotels and other residual category projects. Application to be submitted in the prescribed format (AnnexureIX) should be accompanied by project synopsis alongwith details of the promoters, location, proposed fixed capital investment, employment potential, implementation schedule and the details of concessions sought. Proposal will be circulated within 7 days of receipt in the office of the nodal agency concerned to the concerned departments for their comments to be given in 15 days. The proposal along with comments if any received from the concerned department will be placed before screening committee to be constituted under the Chairmanship of the Chief Secretary and comprising of Administrative Secretaries of the Department of Finance, Industries, Agriculture, Housing, Science Technology & Environment, Power and Excise &

Taxation and other concerned departments as may be required, in its next meeting for making recommendations to the Empowered Committee. All Projects, if found eligible will be recommended for the grant of standard concessions by the Screening Committee to the Empowered Committee. The Screening Committee may further identify the special concessions/ relaxations in conditions sought by the Promoter for taking decision by the Empowered Committee keeping in view the nature and size of the Project. The Screening Committee will meet every fortnight and consider all the cases received. Recommendations of the Screening Committee will be placed before the Empowered Committee headed by the Chief Minister, in its next meeting which may be held as and when required keeping in view the number of cases recommended by the Screening Committee. After approval by the Empowered Committee and issue of proceedings of the meeting, Letter of Intent (LOI) will be issued within 15 days by the nodal agency concerned to the applicants alongwith Draft Agreement. Status of the application will be indicated on the Web Site, of the concerned nodal agency. On fulfilment of conditions of LOI, Agreement will be signed by the Government in concerned Department with the applicant. Period of 6 months will be provided in the LOI for fulfilment of conditions of LOI and signing of Agreement, failing which, the LOI/ Approval will lapse unless extended for further period of

not more than 6 months, on the application of the Promoter explaining extension. Copy of signed Agreement will be circulated to all concerned departments for issue of orders/ notifications in respect of concessions pertaining to their department. Screening Committee, headed by the Chief Secretary will also review the status of grant of concessions/ clearances. The Department concerned will ensure the grant of concessions and all clearances within one month after receipt of agreement and on fulfilment of the condition precedent, failing which the mater will be brought to the notice of the Chief Secretary by the Nodal Department for issue of clearance/ grant of concessions by the concerned department. The Administrative Secretary of the concerned Department will issue the notification/ order for the grant of concessions/ incentives/ relaxations as directed by the Chief Secretary forthwith. CONDITIONS & CONCESSIONS FOR MANUFACTURING PROJECTS Conditions at the time of submission of the Project Fixed Capital Investment in the proposed Project would be Rs. 100 crore or more (Rs. 25 crore or more in case of border districts), except in case of Agro processing, IT, ITEs, Bio-technology, Electronics and Garment manufacturing units where Fixed Capital Investment may be Rs. 25 crore or more. Conditions of LOI after fulfilment of which Agreement is to be signed. the circumstances and reasons for seeking

(i)

In principle approval of the financial institution/ bank for funding the project may be submitted by the Promoter to the concerned nodal agency. If the project is to be set up entirely with own funds, the details of financial resources may be provided.

(ii)

Details of land on which project is to be set up may be given. Time-period The Project will have to be implemented in 5 years from the date of signing of agreement by the Company with State Government, unless extended for further period of not more than 1 year by the Government on the request of the Promoter for the reasons to be recorded in writing. Concessions

(i) (ii)

Exemption from electricity duty upto 5% for five years. Exemption from Stamp Duty as levied in Schedule 1-A of Indian Stamp Duty Act, on purchase/ lease of land.

(iii)

Exemption from Advance Consumption Deposit in case of expansion projects, provided consumption does not exceed from the present level.

Above concessions may be given as a matter of practice in each case. Additional concessions may be considered by the Empowered Committee keeping in view the nature and special circumstances and the size of the project.

CONDITIONS & CONCESSIONS FOR MEGA INDUSTRIAL PARKS PROJECTS Conditions at the time of submission of the Project: (i) (ii) Fixed Capital Investment should be Rs. 100 crore or more. Minimum quantum of land for the Park should be:(iii) 10 acres for the built-up Parks. 25 acres for Parks having only plotted area.

A minimum of 60% of the area should be developed as an industrial pocket and a maximum of 10% of the area may be developed as a commercial pocket and balance area be developed as a residential pocket.

(iv)

Multi-Speciality

Hospitals,

Engineering,

Medical

and

Management Colleges may also be set up within non-industrial area of the Park. Hotels may be set up in commercial area of the Park and not in industrial area. Conditions of LOI after fulfilment of which Agreement is to be signed. (i) In principle approval of financial institutions/ banks for funding the project is to be submitted to the Nodal Agency by the Promoter. If the project is to be financed by the Promoters from their own funds, the details thereof may be given. (ii) Ownership of land or Development Agreements with owners of land for atleast 50% of land by the Company before signing of Agreement, alongwith agreement of sale for balance 40% of land with land owners in the name of Company having validity of 6 months, which shall be bought by the Company within 6

months. The remaining 10% of land may be acquired by the Government for the Developer, if so requested. (iii) The land can be either self acquired agricultural or industrial land or industrial land allotted by Government or any of its agencies. In case of industrial land, self acquired or allotted by the Government or any of its agencies, change of land use is to be got done by the Promoter in accordance with Policy for change of land use dated 4.3.2005 as amended from time to time. Time-period The Project will have to be implemented in 3 years from the date of signing of agreement by the Company with State Government, unless otherwise extended for further period of not more than 1 year by the Government on the request of the Promoter, for the reasons to be recorded in writing, as amended from time to time. Concessions Fiscal (i) As per the Industrial Policy 2003, exemption will be granted from stamp duty as levied in Schedule 1-A of Indian Stamp Duty Act and registration fee on first sale/ transfer of built up space of the units or land in-side the project area. Such exemption shall extend to the project area upto first sale of developed area/ plot/ built up space to any party by them or to any of its affiliates. There shall be no stamp duty on lease instrument of units located in the project area. Such exemption shall remain operative till the completion of the entire project as per the agreement.

(ii)

Exemption from electricity duty upto 5% for 5 years shall be allowed from the date of release of connection by PSEB. This concession shall be admissible only to the Developer of the project during its construction period and also to such portion of the property which is retained by the Developer. This will not be admissible to the subsequent Purchaser(s)/ Lessee(s)/ Franchise etc. of the property within the Industrial Park, unless, however, his unit is a mega unit in its own right duly approved by the Empowered Committee.

(iii)

The land use change in the area falling under the Periphery of Chandigarh governed by the Punjab New Capital (Periphery) Control Act, 1952 and the Periphery Policy notified by the State Government on 20.1.2006, Local Planning areas and Controlled Areas declared under the Punjab Regional Planning and Town Development Act, 1995 and any other area in the State of Punjab, shall be allowed without any licence fees and land use charges levied by the Housing and Urban Development Department in accordance with the land use plan of the planning areas and in accordance with the Periphery Policy and any other Policy, rules & instructions issued by the Government of Punjab. However, if any or whole part of land of the project area in not covered in any master plan or planning zone under the Punjab Regional & Town Development Act, 1995, the land use thereof shall not be changed or amended later on and shall be incorporated as such and included in any future master plan or zoning which shall be prepared under the above Act.

(iv)

In case of Industrial Parks coming up on industrial land, self acquired or allotted by the Government or any of its agencies, the conversion may be allowed in accordance with the Policy for Change of Land Use dated 4.3.2005, as amended from time to time, on payment of charges as fixed by the Department of Housing & Urban Development. However, the Promoter will have option to surrender 50% land converted to non-industrial use fee of cost back to the Industries Department or the authority that originally allotted the land in lieu of conversion charges, as provided in the Policy dated 4.3.2005.

(v)

The State Government Shall ensure that connectivity to power, roads, accessibility, communication, civic and other infrastructure upto project is provided within 240 days from the date the same is applied for to the concerned department/ agency/ authority/ local body on fulfilment of various terms and conditions required in this regard at such rates/ fee etc. which shall not be less favourable to them compared to similarly placed projects/ customers. However, the proportionate cost of any infrastructure upgradation of the area where Industrial Park is proposed to be set up, incurred by the concerned Municipal Corporation/ Committee/ Department of PWD or other Government Department or Agency shall be borne by the Promoter. Non-fiscal

(i)

Permission under the provisions of Punjab Mines & Mineral Act shall be allowed within the project area for works relating

development of the project. However, due charges as may be applicable under the relevant law will be payable (ii) High-rise buildings upto 45 mtrs. Shall be allowed subject to Air Safety Regulations, Traffic Circulation, Fire Safety norms and Parking norms as provided in the Building Rules. (iii) FAR of 2 shall be allowed for industrial and commercial purpose. FAR of 1.5 for residential plotted and FAR of 2 for group housing, and FAR of 2 shall be allowed for institutions. However, the relevant Building Rules/ regulations shall be applicable to the area. The guidelines issued by the Department of Industries & Commerce for Industrial Parks vide its notification dated 25.5.2005, as amended from time to time, shall also be applicable. (iv) The project of Industrial Park shall be exempted from PAPR Act. 1995. However, the layout and zoning plan shall be got cleared/ approved from the Competent Authority which shall be deemed to be a license under PAPR Act 1995. The building plans shall also be got cleared from Competent Authority under the relevant law applicable in the area. (v) State Government shall allow the company to connect the project are to the State Transport Network. The State Government shall also allow them to operate their own public transport system within the project area and also for connecting the project area to the main urban centre nearest to the project area subject to the fulfilment of required terms and conditions in this regard.

(vi)

The State Government shall not allow hazardous industry as defined under Factories Act within 500 meters of the project area and industrial plots within the Industrial Park shall also not have any hazardous industry.

(vii) Pollution Control Board shall grant NOC and consent to operate to the Green Category Industry to be located in the Industrial Park in 30 days on fulfilment of all the required terms and conditions. (viii) The Department of Industries shall be the single Nodal Agency for facilitating the project and getting clearances etc. required for the unit for the project and the project area and will also get resolved various issues which will relate to the Government Departments or Punjab Government Public Sector Undertakings/ Authority/ Local Body. Conditions for grant of Concessions [As per notification dated 25.5.2005] (i) Incase of Industrial Parks having plotted areas, company shall develop the Industrial Component first and housing/ commercial/ institutional component subsequently. Before using/ selling/ allocating/ renting/ leasing etc. the residential/ institutional & commercial pocket, the company shall not only first develop industrial pockets completely but also dispose off atleast 50% of the industrial plots to industrial units which will be set up in the industrial pocket and the entire project shall come up with proposed investment level in stipulated period. For Industrial Parks having built up space complete infrastructure will also be laid before using/ selling/ allocating/

renting/ leasing etc. the residential/ institutional & commercial pocket. (ii) The project shall not be advertised/ launched and no money will be collected from general public for allotment of land/ plot/ flat/ any space till such time the layout/ zoning plans are cleared from the competent authority. (iii) Permissible saleable area in the industrial pocket shall be 65%, in the residential pocket 60% and for the Commercial Pocket 40%. Balance of area shall be used for common facilities, upon spaces, green belt etc. as per approved zoning plan and as per building rules of Housing & Urban Development Department. (iv) Zoning and Layout plan will be cleared by competent authority declared by the Department of Industries & Commerce, Punjab. (v) Common facilities would include the facilities for air conditioning, roads (including approach roads), water supply, sewerage facilities, common effluent treatment facilities, telecom networks, generation and distribution of power or any other facilities in relation to a building or the land on which it is located and all easements, rights and appurtenances belonging to the land or the building, which are neither in the exclusive possession of an apartment owner/ plot owner in terms of conveyance deed of the apartment/ land, provided that the facilities are used for more than 2 industrial units in the Industrial Park.

(vi)

Infrastructure development would include roads (including approach roads) water supply and sewerage facilities, common effluent treatment facilities, tree planting, telecom networks, generation and distribution of power, parking facilities, parks, street lights, provision for community building and such other facilities as are of common use for industrial activities which are identifiable and are to be commonly used.

(vii) Industrial Parks with a residential component shall have only non-polluting units and distance between industrial area and other areas will be in accordance with guideline issued by Punjab Pollution Control Board and Department of Housing & Urban Development from time to time. (viii) Necessary clearances from various central/ state agencies will have to be obtained by the developers as per statutory requirements and on payment of such prescribed fees as required under the law. The Department of Industries & Commerce, Government of Punjab will be the single nodal agency for approving and facilitating the projects for getting clearances etc. and will also facilitate in getting resolved various issues which will relate to Government departments/ agencies. (ix) Industrial Park shall come up as one unit at single geographical location and shall be developed in contiguity. However, public service which already exists such as road, canal, park etc. shall not be construed to break the unity and contiguity of the Park subject, however, to local rules

applicable in the area. Where the land use plan in a local planning area/ controlled area has already been determined, the Industrial Park may be put up either in the industrial or residential area. (x) Benefits to industrial parks under industrial policy, if provided by the Government shall be withdrawn by State Government in case the park is not put up/ developed in accordance with the sanctioned plan within the prescribed time period. The Government shall also be entitled to recover the cost of the reliefs/ concessions, if availed by the Promoter (as dues recoverable by the Government, as arrears of land revenue) in the event of failure on the part of the Promoter to fulfil its obligations as prescribed in the Agreement signed with the Government. CONDITIONS & CONCESSIONS FOR MEGA MULTIPLEX PROJECTS Conditions at the time of submission of the Project (i) Definition of Multiplex as provided in the Scheme for Development of Multiplex Complexes notified by State Government on 8.9.2003 will be followed. However, minimum requirement of land will be 2 acres outside Municipal Areas and 1 acre within Municipal limits. (ii) Fixed Capital Investment, including land cost, should be Rs. 100 crore or more. In case more than one Multiplex is to be set up, their investment may be clubbed and combined investment should be more than Rs. 100 crore. However,

investment including land cost, in individual multiplex will not be less than Rs. 40 crore. (iii) Details of land/ locations will be given by the Promoter.

Conditions of LOI after fulfilment of which Agreement is to be signed. (i) In principal approval of the financial institution/ bank for funding the project may be given. If the project is to be set up with own funds, the details of the same may be provided. (ii) Proof of ownership of land or Development Agreements with Owner of land in the name of the Company may be given. The land can be either commercial, self acquired agriculture land or self acquired industrial land or industrial land allotted by Government or one of its agencies. In case of agriculture land, the promoter will get the land use changed from the Department of Housing in accordance with Periphery Police or any other Policy framed by the Government for this purpose. In case of industrial land, change of land use is to be got done by the Promoter in accordance with policy for change of land use dated 4.3.2005 or any other Policy framed in this regard by the State Government. Time Period The Project will have to be implemented in 3 years from the date of signing of agreement by the Company with State Government, unless otherwise extended for a period of not more than 1 year by the Government on the request of the Promoter for the reasons to be recorded in writing. Concessions

Fiscal (i) 100% exemption from entertainment tax for a period of 10 years. (ii) 50% exemption in electricity duty at current rate for a period of 5 years from the date of release of connection by PSEB for the project of Multiplex. This concession shall be admissible only to the Developer of the project during its construction period and also to such portion of the property which is retained by the Developer. This will not be admissible to the subsequent purchaser(s)/ Lessee(s)/ Franchise etc. of the property within the Multiplex complex. (iii) Freedom to fix ticket rates in relaxation of Punjab Cinema (Regulation) Rules, 1952 as provided in the notification dated 8.9.2003 issued under the Industrial Policy, 2003. (iv) Power tariff rates as applicable to Industry will be applicable, subject to approval of the Punjab State Electricity Regulatory Commission as provided in the notification dated 8.9.2003 issued under the Industrial Policy, 2003. (v) No transfer fee except stamp duty shall be leviable on the first sale of shopping area by the Developer of the Multiplex. However, on subsequent sale transfer fee as applicable at the time of sale shall be applicable. Non-fiscal (i) FAR of 3, ground coverage of 50% and height upto 45 mtrs. subject to Air Safety Regulation, Traffic Circulation, Fire Safety norms and Parking norms as per building rules.

(ii)

Exclusion of basements from FAR for parking only. Atrium area to be counted once at ground floor level for the purpose of FAR.

(iii)

Licence for hotel, restaurant and pub/bar to be granted by concerned departments.

(iv)

Conversion of Land Use will be allowed by the Department of Housing and Urban Development from agriculture to proposed use on payment of conversion charges and in accordance with Periphery Policy or any other policy framed by the State Government. In case of industrial land, self acquired or allotted by the State Government or any of its agencies, the conversion will be allowed by the Department of Industries in accordance with policy for Change of Land Use notified on 4.3.2005 or any other policy framed in this regard by the State Government. If the land use is allowed, the existing allottee shall have to pay conversion charges (which will include license fees, external development charges and change of land use charges) as fixed by the Department of Housing & Urban Development from time to time. In lieu of conversion charges, the allottee will have an option to surrender equivalent land free of cost from same plot to the authority that originally allotted land. Such land would have equivalent or better road front and access compared to the land meant for Multiplex. The authority will be free to use the land so surrendered for commercial or any other purpose

and the returns therefore will be deposited in the Industrial Infrastructure Development Fund. (v) the (vi) Relaxation under Shops & Commercial Establishment Act by Labour Department to permit 24 hour operation. The project shall be exempted from PAPR Act, 1995 to the extent of obtaining the licence. Approval of layout and Building Plans by competent authority shall be deemed to be a licence under PAPR Act, 1995. However rest of provisions as Licencee under PAPR Act, shall be applicable, as if a licence has been issued under the PAPR Act, 1995. Conditions for grant of Concessions (i) Period for completion of minimum investment of Rs. 100 crore (Rs. 25 crore in border districts) (not more than 25% of the cost of project being included as cost of land in each project) shall be 3 years from the date of agreement signed between the Promoter and the Government, unless otherwise extended for a period of not more than 1 year by the Government on the request of the Promoter, for the reasons to be recorded in writing. (ii) The concessions will be restricted to investment in upto 3 acre of land for a particular Multiplex. Construction beyond 3 acres may be counted for investment purpose, but will not be entitled for any concessions granted to Multiplexes. (iii) Projects having only shopping malls, without cinema screens will not be included for the purposes of clubbing investment of the projects of the company at different locations to

determine the mega projects status and will not be eligible for above concessions. (iv) All the projects will fulfil the conditions as laid down in Industrial Policy, 2003 i.e. conditions with regard to minimum number of seats, area, investment etc. as prescribed in the Scheme for Development of Multiplex Complexes. However, condition of minimum three cinema halls can be relaxed in case the Multiplex is with IMAX theatre. CONDITIONS & CONCESSIONS FOR MEGA HOTEL PROJECTS Conditions at the time of submission of the Project (i) Fixed Capital Investment should be Rs. 10 crore excluding the cost of land. (ii) Detail of land on which project is to be set up will be given by the applicant. However, the location will comply to local byelaws. Conditions of LOI after fulfilment of which Agreement is to be signed. (i) In principle approval of the financial institution/bank for funding the project may be given. In case the project is to be financed by own funds, the details of the same may be given. (ii) Proof of ownership of land or Development Agreement with owner of land in the name of the Applicant Company may be given. Time-period The Project will have to be implemented in 3 years from the date of signing of agreement by the Company with State Government,

unless otherwise extended by the Government for a further period not exceeding one year for reasons to be recorded in writing. Concessions Fiscal Exemption from electricity duty upto 5% for a period of 5 years from the date of release of connection by PSEB for the project of Hotel. Non-fiscal (i) FAR of 3, ground coverage of 50% and height upto 45 mtrs. subject to Air Safety Regulation, Traffic Circulation, fire Safety norms and parking norms as per applicable byelaws. Atrium area to be counted once at ground floor level for the purpose of FAR. (ii) Relaxation under Shops & Commercial Establishment Act by the Labour Department to permit 24 hour operation. Conditions for grant of Concessions (i) Change of land use will be allowed by the Department of Housing & Urban Development in accordance with the periphery policy or any other policy formulated by the State Government on the payment of Change of Land Use charges fixed under the policy. Licence fees and External Development Charges will be levied as applicable. (ii) If Hotel is part of a Multiplex, coming up on Industrial Land allotted by a Government Agency, then the Promoter will obtain conversion from the Department of Industries as per the policy framed and issued by the Department of Industries

on 4.3.2005 amended from time to time on the payment of charges fixed by the Department of Housing & Urban Development. CONDITIONS & CONCESSIONS FOR MEGA HOUSING PROJECTS The department of Housing and Urban Development shall be the Nodal Agency for facilitating the projects in additions Department of Industries and commerce may also facilitate the projects. Conditions at the time of submission of the Project i) ii) Fixed Capital investment should be Rs. 100/- crore or more. Minimum quantum of land for residential project should be :* * 100 Acres in Local Planning Areas in the Chandigarh Periphery Controlled Area in the Punjab portion. Area as per zone wise requirement defined in the Housing & Urban Development Memo No. 18/182/066HG2/5598 dated 17.7.2007, iii) *The land should be at single geographical location and shall be developed in continuity, public services which already exists such as roads, canals, parks etc. shall not be construed to break the unity and contiguity of the Project. iv) 50% of the ownership of the project land at the time of submission of proposal to the Committee headed by CS before it is considered by the Empowered Committee. Conditions of LOI after fulfilment of which Agreement is to be signed (i) Ownership of land or Development Agreements with Owners of land for atleast 50% of land by the Company before

signing of Agreement, alongwith Agreement of sale of balance 40% of land with land owners in the name of Company having validity of 6 months, which shall be bought by the Company within 6 months. The remaining 10% of land may be acquired by the Government for the Developer, if so requested. (ii) At the time of applying for change of land use ownership documents for atleast 75% of project land. (iii) Copies of agreement of sale/undertaking to purchase 15% of land not later than 6 months. (iv) 10% land may be acquired by the State Government on the request of Promoter at their cost only to fill the critical gaps. Time-period The project will have to be implemented in 3 years from the date of signing of agreement by the Promoter with the State Govt. unless otherwise extended for further period of not more than one year by the Govt. on request of Promoter for reasons to be recorded in writing. Conditions for grant of Concessions i) They will have to pay external development charges, license/ permission fee, conversion charges at the rates, notified by the Housing and Urban Development Department from time to time. ii) The project shall not be advertised/launched and no money will be collected from general public for allotment of land/plot/flat/any space till such time the layout/zoning plans

are cleared from the competent authority and exemption u/s 44 of PAPRA is issued by the Government. Concessions i) The provision contained in Section 5(9) of PAPR Act, 1995 shall be complied with. ii) The layout/zoning plan shall be got cleared / approved from the prescribed authority under PAPR Act, 1995. Subsequently, the building plans shall also be got cleared from the prescribed authority under the Punjab Urban Planning Development Authority Building rules, 1995. In case the project falls within any Municipal area, relevant Municipal Laws and Building Rules shall be applicable and Building Plans shall be approved by the Prescribed Authority under these law rules. However, all such clearances may be given by the prescribed authority within 30 days. The clearance/approval so given may be in accordance with any relaxation granted by the Committee. iii) The land use change may be allowed by the Housing and Urban Development Department within 30 days as per the Master Plan/Draft Master Plan of the relevant area and as per standard Town Planning practice. In case of land falling under Periphery Controlled Area, land use change may only be allowed in accordance with the Periphery Policy of the State Government and in accordance with the draft Zoning/ Layout Plan and Master Plan of the Local Planning Areas. iv) State Govt. may acquire land as per provisions of the Land Acquisition Act, 1894 on requests by the company at their

cost subject to the condition that such acquisition shall be limited to only 10% of total area of the project only to fill the critical gaps. The acquisition may be carried out as per the existing policy of the department of Housing & Urban Development and by their Land Acquisition Collector. v) The State Govt. may ensure that connectivity to power, roads accessibility, communication, civic and other infrastructure upto project is provided within 240 days from the date the same is applied for to the concerned department/agency/authority/local body on fulfilment of various terms and conditions required in this regard at such rate/fee etc. which shall not be less favourable to them compared to similarly placed projects/customers. vi) High-rise buildings may be allowed subject to clearance from Air Safety Regulations, Fire Safety norms and Traffic Movement. vii) Permission under the provisions of Punjab Mines and Mineral Act may be allowed within the project area for the works pertaining to development of the project on payment of requisite charges. viii) Permission under the Punjab State Tube well Act, 1954 to dig tube well in the project are for the requirement of the project may be allowed. ix) The State Govt. may extend the facility of Public Transport system being run by any State Govt. agency to the project area. The State Govt. may also allow them to operate their own public transport system within the project area and also

for connecting the project area to the main urban centres nearest to the project area subject to the fulfilment of required terms and conditions in this regard. x) The State Govt. may not allow Polluting Industries in the periphery of the project area up to the distance prescribed by PPCB. xi) The State Govt. may assist them in getting any other facility or requirement for the development of the project. Time lines and Services covered under the Right to Service Act, 2011: Name of Service Sr. No. 1 2 1 Change of Land Use/NOC in case of Petrol Pump, Rice Sheller, Brick-kiln 2 Change of Land use where the Master Plans are notified and where local planning areas are not notified. Residential, industrial, institution up-to 25 acres and commercial (excluding multiplex and shopping mall) upto 2 acres Time limit for service Designated Officer delivery 3 4 23 working days from Concerned District the receipt of Town Planner/Deputy complete documents District Town Planner 23 working days from Concerned the receipt of Town Planner complete documents. Senior

Sr. Name of Service Time limit for service Designated Officer No. delivery 1 2 3 4 3 a. Sanction of building 30 working days from Concerned District plans up-to 500 sq. mtr. the receipt of Town Planner/ Deputy complete documents District Town Planner. b. Sanction of building -doabove 500 sqm to 5000 sqm. c. Sanction of Building plans above 5000 60 days sqmts. 4 Issue of completion/ Partial completion certificate 15 working days (a) up-to 500 sqm (b) 500 sqm to 5000 -dosqm (c) More than 5000 -dosqm. 5 Land use classification 5 working days certificate (to be issued by the office of Distt./ Deputy DTP Concerned Town Planner Senior

Distt. Town Planner (HQ)

Concerned DTP STP DTP(HQ)

Concerned DTP

Sr. No. 1.

Type of Service Sanction of Building Plans/ Revised Building Plans (for plot size upto 500 sq yards) Sanction of Building Plans/ Revised Building Plans (for plot size more than 500 sq yards)

2.

Designated Given Time Officer Limit SDO Building of 30 working days the Development Authority SDO Building of 60 working days the Development Authority

Sr. No. 3.

Type of Service Issue of Completion/ Occupation Certificate

4.

5.

Issue of No Objection/ Certificate / Duplicate Letter of Allotment of Reallotment Issue of Conveyance Deed

6.

Issue of No Due Certificate

7.

Re-transfer of property in case of Sale

8.

Re-transfer of property in case of death (uncontested) Issue of permission to mortgage

9.

Designated Officer SDO Building of the Development Authority Estate Officer of the Development Authority Estate Officer of the Development Authority Estate Officer of the Development Authority Estate Officer of the Development Authority Estate Officer of the Development Authority Estate Officer of the Development Authority

Given Time Limit 15 working days

21 working days

15 working days

7 working days

15 working days

45 working days

7 working days

Chapter-8
8. Rationalization of Potential Zones and Charges: For better understanding of the public, the potential zones already identified by the Government have been simplified and to boost the sluggish growth in the Real Estate Sector due to global economic meltdown, for the purpose of charges viz CLU, EDC and License Fee etc. 1) 2) 3) 4) 5) Ludhiana within and outside M.C Limits upto 15 Kms. Jalandhar within and outside M.C Limits upto 10 Kms. Amritsar, Patiala, Khanna, Rajpura, Mandi Gobindgarh, Sirhind and Phagwara within and outside M.C Limits upto 7 Kms. Bathinda, Moga, Batala, Pathankot, Barnala, Malerkotla, Morinda, Hoshiarpur, within and outside M.C Limits upto 5 Kms. Sangrur, Sunam, Nabha, Faridkot, Kotkapura, Ferozepur, Malout, Abohar, Sri Mukatsar Sahib, Kapurthala, Nawan Shahar, Ropar, Tarn Taran, Gurdaspur, Samana, Jagraon, Mansa, Lalru, Kurali within and outside M.C Limits upto 3 Kms. NH-1 upto 2Kms on both sides, outside any potential zone. All other NH (except NH1)/SH/Scheduled Roads upto 1 Kms both sides, outside any potential zone. 7) 8) 9) Master Plan Area of S.A.S.Nagar, Mullanpur, Zirakpur Master Plan Area of Kharar , Dera Bassi, Banur Rest of Punjab

6)

Note:- Further categorization of zones based on National Highways, State Highways and Other Roads will be done later on .

Chapter - 9

Land Owners Become Partners in Development


The land is a basic requirement for any urban development project. Presently land can be made available through following modes: a) b) Through Compulsory Acquisition Through development of Colonies under PAPR Act, 1995 / Projects by private developers Through compulsory acquisition of land under the Land Acquisition Act, 1894 private land is acquired however it involves lot of legal and procedural hassles. As a result, the projects get delayed for longer times. The Government of Punjab has approved a Land Pooling Policy under which the compensation for such acquisition of land is given in kind i.e. returning part of the land after development to the landowners. This model is successful in high priority zones like Mohali and Mullanpur but has not found many takers in the other parts of the State. A uniform land pooling policy for the entire state of Punjab has also been attempted. Mega

LAND POOLING POLICY FOR THE STATE OF PUNJAB


Punjab Cabinet in its meeting held on 21.8.2008 decided to frame the Land Pooling Policy as under: (a) The compensation per acre of land offered for land pooling shall be as below :(i) Half of developed residential land (ii) Half of developed commercial land

(b)

The land acquiring department shall have the liberty to make any change in the rules to acquire land in view of different geographical location of land and with the changed

circumstances. For compensation to land owners either the provisions of land acquisition Act shall be applicable or the above said package has to be accepted because different modes for the payment of compensation under the acquisition Act shall not be appropriate. (c) The compensation approved under Land Pooling Scheme shall be applicable prospectively. (d) The Policy mentioned at (a) shall be applicable to all the development authorities viz; Housing & Urban Development Department, Local Government Department, PUDA, GMADA, Improvement Trusts, also in the Department of Industries in the future as far as possible. In view of the above decision of Punjab Cabinet in para (a) to (d) the Land Pooling Policy shall be made applicable to all the Development Authorities in the State of Punjab I Return of Developed Residential Land and Commercial land to land owners under Land Pooling Scheme1. The Land Owners shall be returned developed Residential & Commercial land as per table below:-

Land to be Developed Developed Remarks acquired (in kanal) residential area to commercial area to be returned be returned (in sq yard) (except parking) 1 kanal 150 No commercial site shall be given 2 kanal 300 No commercial site shall be given 3 kanal 450 No commercial site shall be given 4 kanal 500 One shop 12ft x For shop basement, 45ft- 60 sq yard G+1, FAR 1:2.0 shall be permissible 8 kanal 1000 SCO/ SCS 121 sq For SCO/SCS yard basement, G+2, Or FAR 1:3.0 shall be 2 shops 12ft x 45ftpermissible 60 sq yard and For shop basement, G+1, FAR 1:2.0 shall be permissible

Note: 1 An acre means standard acre having 8 Kanal. Each Kanal shall be of 605 Sq.yard.in area. 2 No Commercial plot shall be given for an area acquired upto 3 Kanals. 3 The Land owners can opt for maximum three standard plots per acre of land offered for the scheme. This option of the landowner shall be as per the layout plan of the scheme. 4 The land owners shall be allowed to have two standard size residential plots for an area of 0.5 acre (4 Kanals) acquired. 5 In case the area acquired under land pooling scheme is less than 0.5 acre (4 Kanals) then the land owner shall be allowed to have one residential plot as per the table above.

In case the area acquired for the scheme is in fractions & if the fraction is more than the half of the unit then the area acquired shall be counted in the next upper category e.g if the area acquired is 1.6 Kanals it shall be considered as 2 Kanal for the purpose of entitlement of plot. In case the fraction of the area acquired is less than the half of the unit e.g the area acquired is 1.4 Kanal then it shall be counted as one Kanal for entitlement of plot.

The Residential & Commercial plots to the land owner (s) shall be allotted through open draw of lots under this policy. Where the land owner is to be allotted two or more plots of the same size he shall have the option to club these plots. In this case the allotment of first plot shall be through draw of lots and the rest of the plots shall be clubbed as per availability in the layout plan. For these plots the continuity factor shall be applied.

The common share holders in a khewat can separately or jointly apply under this scheme.

In case the land owners are more than one. Then they can club their land to avail land pooling under this scheme.

10

If the land is acquired for other than residential purpose even then the land pooling shall be available to the land owners and the concerned authority shall simultaneously notify scheme for residential/commercial purpose for Land Pooling Scheme.

11

The compensation for structures falling in the land to be acquired for Land Pooling shall be allowed as per provisions of the Land Acquisition Act.

12

In case the possession of the structure (House) of the land owner is taken by the Authority then this possession shall not be

made effective for a period of one year from the date of giving possession of the developed plot to the land owner so that to enable him/her to construct a new house in the plot in that period. 13 The eligible land owners may opt for shops instead of SCO/SCS as stated in the table. III Subsistence Allowance The land owners shall be given subsistence allowance @ Rs. 25,000/- per acre upto 3 years or till the possession of developed share of land is not handed over to him/her whichever is earlier. IV Land Acquisition through Land Aggregator If the land is acquired under Land Pooling Scheme through Land Aggregator in that case the land aggregator shall be paid 2% commission for that land on the total amount calculated at Collector rates excluding solatium or any other charges payable. Land Aggregator shall be subject to the following conditions :i) The land Aggregator must be a registered Estate Agent under the provision of the PAPR Act, 1995. ii) The Aggregator shall only be eligible for commission if he makes available the land on the sites identified by the concerned Authority. iii) The Aggregator must have Special Power of Attorney from (as per specimen attached) the owners of the land which he offers to the development authority for this scheme & and copy of Power of Attorney shall be attached to offer letter by the Aggregator.

iv)

The Aggregator shall be paid commission only after he hands over the possession of the offered land to the authority which shall be free of any encumbrance.

Another model has been worked out here where the land owners become partners in development with PUDA/ special development authorities. This policy would help in developing well planned, laid out and better developed Real Estate Projects in the entire states and will provide better living conditions for the public at large. This new policy is named as;

Land Owners Become Partners in Development.


Under this Policy land owner(s) can become partners with the development authority and the Development Authority shall develop the land belonging to the land owner(s) and sell the developed land in accordance with the policy of the Authority. The proceeds shall be shared between land owner(s) and the Authority. The main features of this policy are as under; 1. The land owner(s) having at least 25 Acres of contiguous chunk of land appropriately located for developing an Urban Estate can enter into an agreement with PUDA or a Special Development Authority giving development rights of his/their land to PUDA or Special Development Authority. After which the Authority can take over possession of the land for development. 2. The land has to be free from all encumbrances and the decision whether to go for an agreement on any land thus offered will be the option of the Authority.

3. The land owner(s) shall give all rights of development and sale of

his/their land to the concerned development authority at the time of signing of agreement.
4. The land owner(s) will give right of mortgaging their land with Banks/Financial Institutions to the Authority to carry out the development activities.

5. The Authority will develop the land as per the specifications / norms approved by the Authority at the cost of the land owner. 5. The Authority will fix the rates at which the plots, houses, institutional, commercial area etc shall be sold in consultation with the land owner(s). 6. In case there is more than one owner and there is lack of consensus for reserve price at which the developed land shall be sold, then the price will be decided by the majority of ownership and the weightage of the Authority will be 20% of the total. 7. All the receipts from the sale of developed land will be deposited in a separate account to be operated and managed by the Authority. 8. The Authority will keep a complete account of the receipts and the expenditures incurred on the development of this particular project. 9. The Authority will have the mandate to use this account only for payments related to the development activities in that particular project, payment of interest and principal in case of any loan that has been raised for development purposes and for the payment to the share holders in the land or the Authority as per financial agreement. 10. In case at any point of time it is found that the land is not free from encumbrances or under any civil suit or any legal matter comes up which puts the Authority in an uncomfortable position, the Authority shall have

the right to exit from the project. All the liabilities of such exit will be borne by the land owner(s). 11. Once the development works are completed and Completion Certificate is issued by the Authority, then the owner(s) will not have any right to exit from the project. Financial Agreement
1. The entire development of area which includes levelling, earth work, roads, laying of basic amenities like sewerage, water supply, storm water sewer, electrical, street lighting, parks, green areas etc will be borne by the land owner(s). The Authority will charge an administrative cost of 10% from the land owner(s) over and above the actual cost of development. 2. The CLU, EDC, License/Permission Fee, Social Infrastructure Fund and Urban Development Fund shall be borne by the land owner(s). 3. The interest component on every loan such raised for the development of land will be borne entirely by the land owner(s). 4. The authority shall have the right to issue LOI and get registered the conveyance deed of the sold properties. 5. All receipts from the sale of land will come to a separate account to be operated by the Authority. The first charge from such receipts will be the repayment of loan and interest component, if any and second charge will be payment of the cost of development. 6. The net receipts/profits from sale of land will be shared in the ratio of 80:20 by the land owner and the Authority respectively.

7.

The payment will be released by the Authority to the land owner(s) in accordance with their share and the 20% of the total net receipts shall be kept by the Authority itself.

8.

The land owner(s) shall have the option of retaining up-to 25% of the residential plots after paying share of the Authority on reserve price in lump sum, provided that the total area of that land owner in the project is not less than one acre. This option will be in accordance with the size of the available residential plots in the approved layout plan of the area.

9.

Authority will charge on actual basis from land owner(s) the operation and maintenance charges for five years from the date of issue of Completion certificate of the development works.

10.

Land falling under roads, parks and all other public uses will be transferred in the name of the Authority by the land owner(s) free of any cost.

11.

All the powers for any transaction/sale of plots will be with the officer authorized of the Authority.

12.

The first transfer of land from land owner(s) to the Authority will be exempted from the Stamp duty. The land under public uses like roads, parks etc which will be transferred to the Authority will also be exempted from stamp duty.

13.

Payment Schedule for the sale of developed land shall be maximum three years.

14.

The sale of residential plots, commercial and other property in the project will be as per the policy of the Development Authority.

15.

In the implementation of this policy, any amendment or exception from the prevailing Acts/ Policies that are required will be granted by the concerned development authority/government.

Chapter-10
10. Strict check on the illegal colonization: The decadal rate of growth of urbanization in Punjab has been recorded as 10.5% where as the growth of urban infrastructure including housing is not matching to the growth of urban population. As a result there is huge shortage of housing especially for lower income groups of the society. There is a huge gap in the demand and supply for housing which has resulted in mushrooming of illegal colonies in and around urban centres. These colonies have not only spoiled the urban landscape of the towns but also lack social and physical infrastructure. To solve this problem, the state government has decided to take the following steps: To provide planned residential sites, the Punjab government has identified at least 50 sites for setting up of urban estates in different cities of the State. To encourage planned residential development the government has rationalised the development controls and charges. The CLU, EDC, LF etc have been fully exempted for the development of affordable housing for low income groups of the society.

The powers for approval of various projects in the department of housing and urban development have been decentralised for the facilitation of promoters. In order to discourage the development of illegal colonies in the state the provisions in the Punjab Apartment and Property Regulation Act, 1995 are being made more stringent to punish the developers of illegal colonies and officials who will connive in such illegal developments.

Chapter - 11
11. Recognition of subsidiary companies: The present Mega Project Policy of the State Government provides that the promoter company along with its subsidiary companies and associate companies must own at-least 50% of the project land at the time of submission to PUDA. The promoter company has to get transferred the ownership of land from the subsidiary / associate companies to the Mother Company before the grant of Exemption to the project under Section 44 of PAPR Act 1995. The promoters find this condition difficult because they had to again pay the stamp duty on the same land which is already registered in the name of their subsidiary / associate companies. The promoters has stated that purchasing of the land in the name of subsidiary companies is necessary in case of FDI, Joint Ventures and other funding institutes to have separate accountability of specific projects and for fulfilling all legalities required in such big investments from financial institutes. To encourage such investments, there is need to give recognition to subsidiary companies and subsidiary company need not to transfer land to mother company as this will not only delay the completion of the project but also involves double payment of stamp duty. The Government has considered this demand of the promoters and agrees to allow the exemption under Section 44 of the Act ibid, if 50% land of the project is owned by the Promoter Company along with its subsidiary / associate companies and have development agreements with the land owners for 25% of the land and agreement to sell with land owners to the tune of 15%.

Chapter 12
12.1 Rationalisation of License Renewal Fee: Promoters through CREDAI brought to the notice of government that the licence issued under PAPR Act, 1995 for any colony has validity for three years and there after promoter has to get tit renewed by paying 50 % of licence fee. This fee was only RS. 5000 per hectare before levy of CLU,EDC and licence fee charge by the state government in the year 2007, however now the licence fee for residential and commercial projects have been fixed in lacs which puts heavy financial burden on promoter to get renewal of licence. Since this is merely renewal of licence it should be charged at nominal rates. Government has agreed to this problem and decided to make necessary amendment in the PAPRA Rules to resolve this issue. 1) Enhancement of validity period of License (from 3 years to 5 years): The issue was raised by the promoter of PAPRA licensed colonies that the validity period of licence is only three years which is not sufficient to complete all the development works in the colony. The promoter has to seek renewal of licence after three years which take long time and hinder the process of development. The validity period of licence needs to be increased five years from existing three years. Government has agreed to the suggestion and decided to increase the validity period of licence by making necessary amendments in the PAPR Act, 1995. 2) Rationalisation of Bank Guarantee (for electric connection by PSPCL): The promoters brought to the notice of the government that as per the provisions of PAPRA they have to give bank grantee equivalent to 25 percent

cost of the internal development works to the licensing authority. But Punjab state power corporation limited again ask them to deposit 150 % of the estimated cost of electric works in the colony. This is double bank grantee for the same work which puts extra burden on the promoter. It should either be the total responsibility of licensing authority to transfer the bank grantee taken in lieu of electric works in the colony to PSPCL or the estimated cost for providing the electric works be excluded from the total estimates for internal development and for electric works the PSPCL should take separate bank grantee. 3) 10 percent Yearly increase in CLU,EDC, Licence fee: Promoters raised the issue with government that government has imposed 10 percent compounding yearly increase in the above charges which is enormous and it needs to be fixed nominal. The state government considered the issue and decided to reduce this increase from 10 percent to 5percent. 4) Area under Group Housing as a part of plotted residential project, not to be counted as saleable area of total project. As per the existing policy of the government where group housing is proposed as a part of plotted residential project development, in that case the entire area under group housing is counted towards saleable area of the project. The promoters have raised this issue in the meetings held with the government from time to time. The department of housing and urban development has studied the practice in the neighbouring State of Haryana where in such cases the area under Group Housing is considered as a part

of total project, but for the purpose of Density, FAR and saleable area, the area under Group Housing is considered separately. The government after considering this issue has agreed to adopt the practice as in the neighbouring State of Haryana in such cases subject to the following conditions: The maximum permissible area for group housing in a project where group housing is proposed as a part of plotted development shall not exceed 20% of the total area of the project. However, this condition shall not be applicable for the area of the project which falls in the mixed land use zone of the master plan i.e. if more than 20% area of the project falls within mixed land use zone the promoter can use the entire area under mixed land use zone as group housing. In case promoter proposes more than 20% area of the project under group housing the entire additional area shall be counted as saleable area of the total project. The area under group housing shall be considered as a part of the total area of the project for fulfilment of the area norms for the project. However, at the planning stage this area shall be planned and developed separately as per group housing norms and the saleable area for the rest of the project under plotted development shall be calculated after excluding the area under flatted development. FAR in addition to 1.75 as permitted in the rules shall be purchasable. The promoter shall have to fulfil the norms for plotted and group housing separately.

For the provision of public amenities the population of the entire project (including area under group housing), shall be taken into account. The surplus density of area under plotted development may be used for the construction of flats having covered area not more than 1500 sqft in group housing segment of the project.

The area under group housing may be in more than one pocket however, the area of each pocket shall not be less than 5 acres.

5) Rationalisation of area for setting up of industrial colonies in the State of Punjab (except GMADA Regional Plan) To promote planned industrial development in the State of Punjab, Government of Punjab had formulated a policy in which the minimum area required for setting up of an industrial colony was fixed 50 acres. This policy could not yield satisfactory results due to high land costs and bigger size of the land chunk required for industrial colony as a result the industrial growth in Punjab has been taken place in haphazard manner. The availability of planned industrial plots has remained restricted to a few planned industrial estates resulting in higher cost of plots. The government of Punjab has realised this problem of the industry and has decided to rationalise the size of the industrial colony from the existing 50 acres to the size as mentioned below:1. For Master Plan areas of Ludhiana, Amritsar, Jalandhar and Patiala 2. For the rest of the State
(Except area in GMADA Regional Plan)

Minimum area required 10 acres 5 acres

Note: 1. For areas falling within GMADA Regional Plan, the area required for setting up of an Industrial Colony / Estate shall be as notified by the Govt from time to time. 2. In case of an area which is land locked viz., there is no scope of further addition to the existing piece of land and the area of such piece of land is 1000 sq m or above, that area can be considered for setting up an industrial colony / estate provided that the location of such piece of land fulfils the conditions / guidelines for such colonies.

6) Single Window Clearance for Mega Projects Single window will be notified for all clearances required for Mega Projects by the government.