Himachal Pradesh Gazette, No. 116, 06 September 2011

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राजपत्र, हिमाचल राजपत्र, हिमाचल राजपत्र, हिमाचल राजपत्र, हिमाचल प्रदेशप्रदेशप्रदेशप्रदेश हिमाचल हिमाचल हिमाचल हिमाचल प्रदेश राज्य शासन द्वारा प्रकाशितप्रदेश राज्य शासन द्वारा प्रकाशितप्रदेश राज्य शासन द्वारा प्रकाशितप्रदेश राज्य शासन द्वारा प्रकाशित शिमला,शिमला,शिमला,शिमला, ममममंलंलंलंलवारवारवारवार 6666 सितम्बरसितम्बरसितम्बरसितम्बर,,,, 2011 2011 2011 2011////11115555 भाद्रपदभाद्रपदभाद्रपदभाद्रपद,,,, 1933 1933 1933 1933

हिमाचल प्रदेश हिमाचल प्रदेश हिमाचल प्रदेश हिमाचल प्रदेश सरकारसरकारसरकारसरकार

सामान्य प्रशासन विभागसामान्य प्रशासन विभागसामान्य प्रशासन विभागसामान्य प्रशासन विभाग (डी अनुभाग)

अधिसूचना

शिमला-2, 30 अगस्त, 2011

संख्या जी0ए0डी0-डी0-7(जी) 1-12/संख्या जी0ए0डी0-डी0-7(जी) 1-12/संख्या जी0ए0डी0-डी0-7(जी) 1-12/संख्या जी0ए0डी0-डी0-7(जी) 1-12/81-81-81-81-II.—हिमाचल प्रदेश की राज्यपाल, मूल नियमों (फण्डामेन्टल रूल्ज) के नियम 45 के अधीन प्रदत्त शक्तियों का प्रयोग करते हुए, इस विभाग की अधिसूचना संख्याः जी0ए0डी0-डी0-7 (जी) 1-12/81, तारीख 1 जून, 1994 द्वारा अधिसूचित और तारीख 18 जुलाई, 1994 द्वारा राजपत्र, हिमाचल प्रदेश (असाधारण) में प्रकाशित हिमाचल प्रदेश सरकारी आवास आबंटन (सामान्य पूल) नियम, 1994 का और संशोधन करने के लिए निम्नलिखित नियम बनाती है; अर्थात्‌ः-

116-राजपत्र/2011-6-9-2011 (2709) 2710 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 1111.... संक्षिप्त नाम और प्रारम्भसंक्षिप्त नाम और प्रारम्भसंक्षिप्त नाम और प्रारम्भसंक्षिप्त नाम और प्रारम्भ....----((((1) इन नियमों का संक्षिप्त नाम हिमाचल प्रदेश सरकारी आवास आबंटन (सामान्य पूल) नियम, 2011 है।

(2) ये नियम तुरन्त प्रवृत्त होंगे।

2222.... नियम 2 का संशोधननियम 2 का संशोधननियम 2 का संशोधननियम 2 का संशोधन....----हिमाचल प्रदेश सरकारी आवास आबंटन (सामान्य पूल) नियम, 1994 (जिन्हें इसमें इसके पश्चात्‌ 'उक्त नियम' कहा गया है) के नियम 2 में,-

(क) उप नियम (ग) के स्थान पर निम्नलिखित रखा जाएगा, अर्थात्‌ः-

''(ग) पूर्विकता की तारीख"' वर्ग (टाइप) 4 और उससे ऊपर के आवास के लिए पात्र सम्बन्धी ''पूर्विकता की तारीख'' ऐसी तारीख होगी जब से वह राज्य सरकार या अन्यत्र स्तर) सेवा/प्रतिनियुक्ति पर पद में विषेश वर्ग या उच्चतर वर्ग, से ग्रेड पे या मूल वेतन, जो भी लागू हो, का निरन्तर आहरण कर रहा हैः

परन्तु यह कि वर्ग (टाइप) I से वर्ग III आवास के लिए पूिर्वकता की तारीख, राज्य सरकार के अधीन सेवा में कार्यग्रहण की तारीख एक ही होगी। यदि कार्यग्रहण की तारीख एक ही हो तब पूर्ववर्तिता निम्न प्रकार से अवधारित की जाएगी :

(i) अधिकारी/पदधारी जिसका गे्रड पे उच्चतर है, वह वरिष्ठ होगा; और

(ii) यदि ग्रेड पे एक समान हो तो पहले सेवानिवृत होने वाले अधिकारी/पदधारी को उच्चतर पूर्विकता दी जाएगी :

परन्तु यह और कि वर्ग-4 और उससे ऊपर के आवास हेतु पारस्परिक वरीयता पर निम्नलिखित कारकों के आधार पर विचार किया जाएगा, अर्थात्‌ः-

(i) अधिकारी का ग्रेड पे :

(ii) उसी ग्रेड पे के भीतर, किसी आवेदक की पूर्वोक्ता तारीख, वही होगी, जिस तारीख से आवेदक अपनी विद्यमान गे्रड पे का निरन्तर आहरण कर रहा है;

(iii) जहां दो या दो से अधिक अधिकारियों की पूर्वोवत्ता (वरीयता) तारीख समान हो, तो अधिकारियों की पारस्परिक वरीयता उनके मूल वेतन के आधार पर अवधारित की जाएगी अर्थात्‌ उच्चतर वेतन वाला अधिकारी प्रतीक्षा सूची में वरिष्ठ माना जाएगा;

परन्तु जब दो या दो से अधिक अधिकारियों की पूर्वोक्ता तारीख और मूल वेतन समान हो, वहां पारस्परिक वरियता को अवधारित करने का अगला मानदण्ड, राज्य सरकार की सेवा में कार्य ग्रहण करने की पूर्वतम तारीख और मूल वेतन होगी :

परन्तु यह और कि जहाँ दो अथवा दो से अधिक अधिकारियों की पूर्वोक्ता तारीख, मूल वेतन और राज्य सरकार की सेवा में कार्यग्रहण करने की तारीख एक समान हो, तो पहले सेवानिवृत हो रहे अधिकारी को बाद में सेवानिवृत हो रहे अधिकारी से उच्चतर पूर्वाेक्ता (प्राथमिकता) दी जा सकेगी :

परन्तु यह और कि वर्ग-V तथा उससे ऊपर के आवास हेतु पात्र अधिकारी पात्रता से नीचे आवास हेतु इस शर्त के अध्यधीन आवेदन करने के लिए भी पात्र होंगे कि ऐसा आवास वर्ग-IV से नीचे का न हो :

परन्तु यह और कि उसी सेवा में अधिकारी के बैच के किसी कनिष्ठ अधिकारी को उसके बैच कि वरिष्ठ अधिकारी से प्राथमिकता नहीं दी जाएगी :

राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 परन्तु सामान्य पूल से आवास के आबंटन के लिए पूर्वोकता की तारीख हेतु सेवा में अन्तराय (विघ्न) की अवधियों की गणना करने के प्रयोजन के लिए पूर्व सेवा गणना में ली जाएगी यदि उनको पूर्व सेवा के कारण स्थायीकरण, अर्द्ध, स्थायीक्ता या पेंशन के किन्हीं प्रयोजनों के लिए कोई प्रसुविधा दी गई हो। तथापि, उनको, उनकी पूर्व सेवा की गणना करने हेतु अनुज्ञात नहीं किया जाएगा, यदि उनको, उनकी पूर्व सेवा के लिए छुट्‌टी से भिन्न कोई सेवान्त प्रसुविधाएँ (जैसे असैनिक या सैनिक पैंशन/उपदान) दी जाती है। यदि किसी अधिकारी का एक से अधिक सेवा-अन्तराय (विघ्न) हो तो उपरोक्त प्रसुविधा केवल अन्तिम अन्तराय (विघ्न) से पूर्व की गई निरन्तर सेवा की बाबत अनुज्ञेय होगी।

(ख) खण्ड (च) के स्थान पर निम्नलिखित रखा जाएगा, अर्थात्‌ः-

"(1) हिमाचल प्रदेश सरकार के कार्यालयों के ऐसे स्थायी, अर्ध स्थायी और अस्थायी सरकारी कर्मचारी, जिनकी सेवाओं के नियमित होने की सम्भावना हैं, सामान्य पूल से सरकारी निवास स्थान के आबंटन के पात्र होेंगे :

परन्तु उस वर्ग एवं श्रेणी के ऐसे सरकारी कर्मचारी जिनके लिए उनकी तैनाती के स्थान पर विभागीय आवास विद्यमान है, उसी स्थान पर वे सामान्य पूल से वरिष्ठता के आधार पर आबंटन के पात्र नही होंगे।'' (ग) खण्ड (छ) का लोप किया जाएगा ।

3333.... नियम 5 का प्रतिस्थापननियम 5 का प्रतिस्थापननियम 5 का प्रतिस्थापननियम 5 का प्रतिस्थापन....----उक्त नियमों के नियम 5 के स्थान पर निम्नलिखित रखा जाएगा, अर्थात्‌ः-

''''''''5555.... आवास आवास आवास आवासों का वर्गीकरणों का वर्गीकरणों का वर्गीकरणों का वर्गीकरण....----''इन नियमों द्वारा यथा उपबन्धित के सिवाए, अधिकारी/कर्मचारी, निम्न सारणी मेें दर्शाए गए, ग्रेड पे (वेतन) अथवा मूल वेतन, जो भी लागू हो, के आधार पर विभिन्न वर्ग के आवासों हेतु पात्र होंग :-

सारणी-सारणी-सारणी-सारणी-I

आवास का वर्ग अधिकारी/कर्मचारी का प्रवर्ग या अधिकारी/कर्मचारी द्वारा

आहरित मासिक परिलब्धियां (केवल ग्रेड पे)े

I रूपये 1300/- से रूपये 1650/- II रूपये 1900/- से रूपये 3600/- III रूपये 3800/- से रूपये 5000/- IV रूपये 5400/- से रूपये 8400/- V रूपये 8600/- से रूपये 9000/- VI रूपये 10,000/- और इससे ऊपर

स्पष्टीकरणस्पष्टीकरणस्पष्टीकरणस्पष्टीकरण....----ऐसे अधिकारी की दशा में, जो निलंबित है, उसे द्वारा, आबंटन वर्ष, जिसमें उसे निलंबित किया गया है, के प्रथम दिन पर, आहृत उपलब्धियां (ग्रेड पे)े या यदि उसे आबंटन वर्ष के प्रथम दिन में निलंबित किया जाता है, तो उसके द्वारा उस तारीख से ठीक पूर्व आहृत ग्रेड पे उपलब्धियों के रूप में ली जाएगी। निलंबित अधिकारियों/कर्मचारियों को निवास स्थान का आबंटन नियम 7 के अधीन किया जाएगा, मानो निलंबन हुआ ही न हो ।

सारणी-सारणी-सारणी-सारणी-II

आवास का वर्ग अधिकारी/पदाधिकारी का प्रवर्ग या अधिकारी/कर्मचारी वर्ग द्वारा आहरित मासिक उपलब्धियां (केवल मूल वेतन) VII रूपये 67,000/- से रूपये 79,000/- VIII रूपये 80,000/- और इससे ऊपर ।'' 2712 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 4444.... नियम 7 का नियम 7 का नियम 7 का नियम 7 का संशोधनसंशोधनसंशोधनसंशोधन....----उक्त नियमों के नियम 7 में उप नियम (1) के स्थान पर निम्नलिखित रखा जाएगा, अर्थात्‌ः-

''(1) इन नियमों में अन्यथा उपबन्धित के सिवाए खाली आवास सचिव (सामान्य प्रशासन विभाग) हिमाचल प्रदेश सरकार द्वारा नियम 13 के उपबंधो के अधीन ऐसे आवेदक को आबंटित किया जा सकेगा, जो यथार्थ दशाओं में उसी वर्ग में परिवर्तन का इच्छुक हो या निम्नलिखित शर्तों के अध्यधीन ऐसे आवेदक को आबंटित किया जाएगा जिसके पास उस वर्ग का आवास न हो और जिसको वर्ग के आवास के लिए पूर्वाक्ता की पूर्वतम तारीख हो, अर्थात्‌ः--

(i) सचिव ऐसे वर्ग के आवास का आबंटन नहीं करेगा, जो नियम 5 के अधीन आवेदक की पात्रता के वर्ग के आवास से बड़ा हो ;

(ii) सचिव किसी आवेदक को ऐसा वर्ग स्वीकार करने के लिए बाध्य नहीं करेगा जो नियम 5 के अधीन उसकी पात्रता के वर्ग से छोटा हो ;

(iii) सचिव निम्न वर्ग के आवास के आबंटन के लिए आवेदक से अनुरोध प्राप्त होने पर उसे उसकी पात्रता से एक वर्ग निम्न का आवास आबंटित करेगा, जिसके लिए आवेदक पूर्वोक्ता की तारीख के आधार पर नियम 5 के अधीन पात्र हो।''

5555.... नियम 8 का नियम 8 का नियम 8 का नियम 8 का प्रतिस्थापनप्रतिस्थापनप्रतिस्थापनप्रतिस्थापन....----उक्त नियमों के नियम 8 के स्थान पर निम्नलिखित रखा जाएगा, अर्थात्‌ः-

''''''''8888.... बिना बारी से तदर्थ आबबिना बारी से तदर्थ आबबिना बारी से तदर्थ आबबिना बारी से तदर्थ आबंटंटंटंटनननन....--------नियम 7 में किसी बात के होते हुए भी, आवास आबंटन समिति द्वारा किसी अधिकारी/कर्मचारी को प्रत्यके मामले के गुणागुण के आधार पर बिना बारी से निम्नलिखित आधार पर तदर्थ आबंटन किया जा सकेगाः-

(1) निम्नलिखित प्रकार की अस्वस्थता/बीमारी

(i) निम्नलिखित प्रकार से शारीरिक रूप से अपंग (शारीरिक रूप से विकलांग) सरकारी कर्मचारीः-

(क) दृष्टिहीन अर्थात्‌ जो निम्नलिखित किसी से पीड़ित हैः-

(i) पूर्ण दृष्टिहीनताय; (ii) संशोधक लैंस लगाकर अच्छी आंख में दृष्टि की तीक्षणता 6/60 या 20/200 (तीक्षणता) से अधिक हो; और

(iii) दृष्टि परास 20 डिग्री के कोण को कक्षान्तरित कर रहा हो या अधिक बुरी हालत में है । (ख) बधिर-वे व्यक्ति जिनको जीवन में सुनने के सामान्य प्रयोजन के लिए इन्द्रिय कोई कार्य नहीं करती हो। वे आवाज को बिल्कुल सुन नहीं सकते, समझ नहीं सकते चाहे ऊंची आवाज में ही क्यों न बोला जाए। इन श्रेणियों में सम्मिलित किए गए वे मामले भी होंगे, जिनके अधिक अच्छे कान में 90 डेसीबल से अधिक श्रवण शक्ति की हानि हो गई हो या दोनो कानों से कुछ भी न सुनाई देता हो।

(ग) (i) शारीरिक रूप से विकलांग व्यक्ति जिनके लिए टपनी विकलांग विरूपता के परिणामस्वरूप स्वतन्त्र रूप से चलना फिरना बहुत कठिन हो गया हो; या

(ii) हृदय रोगी (ग्रेड-3 और 4 लक्षणाें वाले हृदय रोग, जिनके ग्रेड-3 और 4 का एन्जाइना या ग्रेड-3 और 4 की संकुलित हृदय गति रूकना या ग्रडे-3 और 4 के लक्षणों सहित तीव्र अतिरिक्त दाब जैसी गम्भीर निशक्ताएं शामिल हैं; या2713 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (iii) क्षयरोगी (फुसफुस तपेदिक सक्रिय अवस्था में जिसमें अन्य लोंगो के लिए खतरा हो) और कैंसर

से पीडित़ कर्मचारी तथा उसकी पत्नी/पति और उसके आश्रित बच्चे।

(2) सरकारी कर्मचारी की मृत्यु या उसके सेवा निवृत होने पर, उसकी पत्नी/पति को, यदि सेवा निवृत या मृतक कर्मचारी यथास्थितिएसेवा निवृत्रि/मृत्य के समय सरकारी आवास अधिभोग में था। ऐसा आबंटन मृतक या सेवा निवृत कर्मचारी की पत्नी/पति को उसकी पात्रता से उच्चतर वर्ग के लिए नहीं किया जायेगा :

परन्तु सरकारी कर्मचारी की सेवानिवृत्ति या मृत्यु के समय ऐसी पत्नी/पति हिमाचल प्रदेश सरकार में सेवारत थी/था और उसके साथ रह रहा था/रह रही थी तथा पिछले तीन वर्षों से या उस स्थान पर नियुक्ति/स्थानान्तरण की तारीख से, जो भी सुसंगत हो, आवास किराया भत्ता नहीं ले रहा था/ले रही थी :

परन्तु यह और कि मृत्यु की दशा में, पति/पत्नी को आवास आबंटित किया जा सकेगा, यदि वह आबंटिती की मृत्यु की तारीख से एक वर्ष की अनुज्ञेय अवधि के भीतर सरकारी सेवा में नियुक्त हो जाता है/हो जाती है :

परन्तु यह और कि सेवानिवृत्त/मृतक आबंटिती का पति/पत्नी सेवानिवृत्त या मृतक द्वारा अधिभोग में रखे परिसर की बाबत समस्त बकाया देयों को चुकता करेगा :

परन्तु यह और भी कि आवास के बिना बारी आबेटन हेतु आवेदन, विहित प्रपत्र में समर्थक दस्तावेजों सहित प्रस्तुत किया जाएगा और ऐसा आवेदन केवल उस आबंटन वर्ष के लिए ही विधिमान्य होगा :

परन्तु यह और कि सरकारी कर्मचारी की मृत्यु, सेवानिवृति या स्थानान्तरण होने पर, यदि उसकी पति/पत्नी को तदर्थ आवास आबंटन किया जाता है तो उसे इस स्थिति में इस आशय का शपथपत्र न्यायिकेतर (नॉन ज्यूडिशियल) कागज पर देना होगा कि उसका नियुक्ति के स्थान या इसके नजदीक अपना कोई निजी आवास नहीं है।

(3) आबंटिती के स्थानान्तरण, सरकार द्वारा प्रायोजित विदेश सेवाओं पर प्रतिनियुक्ति और छह मास से अधिक अध्ययन अवकाश की दशा में, ऐसे कर्मचारी के पति/पत्नी को उसकी पात्रता के अनुसार, यदि पति/पत्नी सरकारी सेवा में है और उसी स्थान पर तैनात है।

(4) अधिकारी जो चिन्हित आवास में रह रहा हो, का यदि उसी स्थान पर अन्य पद पर अथवा किसी दूसरे स्थान को स्थानान्तरण होने की दशा में। विधि और व्यवस्था पद से सम्बन्धित चिहिन्त आवास खाली करने वाले अधिकारी को दूसरों से पूर्विकता (प्राथमिकता) दी जाएगी ।

(5) कोई अधिकारी/कर्मचारी जिसका जिला लाहौल-स्पिति, किन्नौर और चम्बा जिला की तहसील पांगी में कार्यकाल पूर्ण होने पर वर्तमान स्थान पर स्थानान्तरण हुआ हो ।

(6) निजी कर्मचारीवृन्द अर्थात्‌ मन्त्रियों के निजी सहायक/निजी सचिवों आदि में से एक को। (7) जहां सेवा की अत्यावश्यकताएं इस प्रकार समुचित ठहराए़ं (समर्थन करे)।

(8) उप.नियम (1) से (7) में किसी बात के होते हुए भी कोई भी ऐसा अधिकारी/कर्मचारी जिसके अपने नाम या अपने परिवार के किसी सदस्य के नाम सेए उसकी तैनाती के स्थान पर या उसके समीप मकान है, बिना बारी से तदर्थ आबंटन के लिए पात्र नहीं होंगेा ।

(9) (i) राष्ट्रीय/क्षेत्रीय एवं राज्य स्तर पर प्रकाशित होने वाले दैनिक समाचार पत्रों एवं राष्ट्रीय स्तर पर प्रसारित/दूर दर्शन पर प्रसारित होने वाले समाचार एजेन्सी या इलॉक्ट्रॉनिक समाचार चैनलों के नियमित संवाददाताए जिन्हें हिमाचल प्रदेश सरकार द्वारा राज्य स्तरीय प्रत्यायन जारी किया हो तथा इस बाबत 2714 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 निदेशक, सूचना एवं लोक सम्पर्क विभाग, हिमाचल प्रदेश सरकार की सिफारिशों पर और परिचालन/व्यिवू रशिप (समीक्षक) पर विचार करने पर, शिमला में, पात्रता के अनुसार सरकारी आवास जो वर्ग-IV से ऊपर के वर्ग का नहीं होगा, के आबंटन हेतु पात्र होगा परन्तु ऐसे संवाददाता का, शिमला में, अपने नाम पर या अपने परिवार के किसी सदस्य के नाम पर मकान न हो :

परन्तु उस दशा में जब कोई संवाददाता जिसको पहले से ही सरकारी आवास आबंटित कर दिया गया है और वह उस स्थान पर अपने नाम पर अपना मकान बना/ले (अर्जित) लेता है तो उसे तुरन्त आबंटित आवास छोड़ना होगा और यदि वह या उसके परिवार का कोई सदस्य कोई मकान या मकान का भाग अर्जित करता है या विरासत में प्राप्त करता है या बनाता है तो उसे तुरन्त आबंटित आवास छोड़ना होगा और ऐसे संवाददाता से आबंटन के समय, इस आशय का शपथ-पत्र प्राप्त किया जाएगाः

परन्तु यह और कि उप खण्ड(प) के अधीन आवास के आबंटिती को इन नियमों के उपबन्धों के अनुसार अनुज्ञप्ति फीस संदत्त करनी होगी और समाचार पत्र या समाचार एजेन्सी या इलेक्ट्रोनिक समाचार एजेन्सी/समाचार चैनल, जिसमें वह नियोजित है, द्वारा उसे संदत्त आवास किराया भत्ता भी संदत्त करना होगा । इस बाबत उसे कोई भी छूट अनुज्ञेय नहीं होगी ;

9 (ii) आबंटन के लिए पूर्विकताए आवास आबंटन हेतु आवेदन की प्राप्ति की तारीख से होगी । 9 (iii) एक समाचार पत्र/समाचार एजेन्सी/समाचार चैनल को केवल एक ही आवास आबंटित किया जाएगाः

परन्तु इन नियमों के अधीन बिना बारी से तदर्थ आबंटन प्रत्येक वर्ग में उपलब्ध आवासों के 50 प्रतिशत से अधिक नहीं होगा । वर्ग-4 और उससे ऊपरी वर्ग के आवास इस नियम के उप नियम (2) और (3) और (9) के अधीन प्रतिशतता निर्धारित करने हेतु इक्टठे किए जाएंगे और इस नियम के अधीन किए गए आबंटनों की प्रतिशतता का भाग नहीं होंगें :

परन्तु यह और कि प्रैस संवाददाताओं के लिए केवल वर्ग-4 तक के बीस आवासों का अलग पूल होगा :

परन्तु यह और भी कि सरकारी आवास का आबंटन केवल उसी अवधि के लिए विधिमान्य होगा जिसके दौरान आबंटिती कि आबंटी उस समाचार पत्र/समाचार एजेन्सी/समाचार चैनल जिसके लिए, उसे आवास आबंटित किया गया है, में लगातार कार्य करता है।''

6666.... नियम 10 का नियम 10 का नियम 10 का नियम 10 का संशोध्संशोध्संशोध्संशोधनानानान....----उक्त नियमों के नियम 10 म,ें -

(क) उप-नियम (2) के अधीन स्पष्टीकरण 4 के पांचवें परन्तुक के स्थान पर निम्नलिखित रखा जाएगा, अर्थात्‌ः-

''परन्तु यह और कि यदि कोई आबंटिती शैक्षिक सत्र के मध्य में स्थानान्तरित या सेवानिवृत्त हो जाता है/जाती है और उसके बच्चे, उसकी वर्तमान तैनाती के स्थान पर, यथास्थितिए स्कूल/महाविद्यालय में शिक्षा ग्रहण कर रहे हों तो आबंटिती को, प्रत्येक मामले में गुणागुण आधार पर सचिव द्वारा उस चालू शैक्षिक वर्ष/समैस्टर के समाप्त होने तक, सम्बन्धित संस्थान से इस प्रभाव का प्रमाण पत्र प्रस्तुत करने के अध्यधीनए आवास को रखे रखना अनुज्ञात किया जा सकेगा। ऐसे मामले में प्रभार्य अनुज्ञप्ति फीस नियमों के अधीन अनुज्ञात छूट की अवधि से परे की अवधि के लिए पूल्ड मानक अनुज्ञप्ति फीस यथास्थिति, सेवानिवृत्ति या स्थानान्तरण की दशा में, चार गुणा होगी ।

(ख) उप-नियम (4) के स्थान निम्नलिखित रखा जाएगाए अर्थात्‌ः-2715 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 ''(4) वे अधिकारी/पदधारी जिन्हें चिन्हित आवास/किराया मुक्त आवास की सुविधा प्रदान की गई हो, सावधिक पद पर नियुक्त और प्रैस संवाददाता उप नियम (2) में अनुज्ञेय रियायत के हकदार नहीं होगें और ऐसे आबंटिती उनको आबंटित आवास को स्थानान्तरण या प्रत्यायन वापस लेने के पश्चात्‌ बाद 30 दिनों के भीतर खाली कर देंगे।''

(ग) उप-नियम (4) के पश्चात्‌ बाद निम्नलिखित नया उप नियम (5) जोड़ा जाएगा, अर्थात्‌ः- ''(5) यथास्थिति, पारगमन आवास या सेवक आवास या गैराज के आबंटिती अनुज्ञेय अवधि से परे छह मास की अवधि तक रखते हेतु इस नियम में उपबंधित समरूप उपबंधों द्वारा विनियमित होंगे, जिसके पश्चात्‌ नियम 18-क के अधीन उपबंधित नुकसानी प्रभारित की जाएगी।''

7777.... नियम 13 का नियम 13 का नियम 13 का नियम 13 का संशोधनसंशोधनसंशोधनसंशोधन....----उक्त नियमों के नियम 13 में उप-नियम 2 के स्थान पर निम्नलिखित रखा जाएगा, अर्थात्‌ः-

''(2) आवास परिवर्तन, निदेशक, सम्पदा/सम्पदा अधिकारी के कार्यालय में प्राप्त आवेदनों के आधार पर तथा प्रत्येक मामले के गुणागुण/प्रामाणिकता के आधार पर अनुज्ञात किया जाएगा :

परन्तु यदि कोई अधिकारी/पदधारी आवास परिवर्तन के लिए नया आवेदन देता है, तो उस अधिकारी/पदधारी का निदेशक, सम्पदा/सम्पदा अधिकारी के कार्यालय में पहले से रजिस्ट्रीकृत आवेदन रद्‌द समझा जाएगा तथा उसकी वरिष्ठता की गणना उसके नए आवेदन प्राप्त होने की तारीख से की जाएगी।'' 8888.... नियम 16 का नियम 16 का नियम 16 का नियम 16 का प्रतिस्थापनप्रतिस्थापनप्रतिस्थापनप्रतिस्थापन....----उक्त नियमों के नियम 16 के स्थान पर निम्नलिखित रखा जाएगा, अर्थात्‌ः-

ऐसी जगह स्थानान्तरण जहां परिवार को नहीं रखा जा सकता (नॉन(नॉन(नॉन(नॉन फे िफे िफे िफेमिली स्टमली स्टमली स्टमली स्टेश्न)ेश्न)ेश्न)ेश्न)....----ययययदि ''''''''(16)(16)(16)(16) ऐसी जगह स्थानान्तरण जहां परिवार को नहीं रखा जा सकता ऐसी जगह स्थानान्तरण जहां परिवार को नहीं रखा जा सकता ऐसी जगह स्थानान्तरण जहां परिवार को नहीं रखा जा सकता किसी अधिकारी/पदधारी का स्थानान्तरण पांगी, लाहौल एवं स्पिति, डोडराक्वार और किन्नौर जिले में पूह उप मण्डल की हंगरंग उप तहसील पर किया जाता है और इन नियमों के अधीन उसको आबंटित आवास उसके परिवार के सद्‌भाविक (वास्तविक) उपभोग के लिए अपेक्षित है, तो प्रत्येक मामले के गुणागुण के आधार पर उसे साधारण से चार गुणा अनुज्ञप्ति फीस संदंत करने पर आवास रखने की अनुमति दी जा सकेगी।'' 9999.... नियम 19 का नियम 19 का नियम 19 का नियम 19 का संशोधनसंशोधनसंशोधनसंशोधन....----उक्त नियमों के नियम 19 के उप नियम (5) के खण्ड (ख) का लोप किया जाएगा ।

आदेश द्वारा, हस्ताक्षरित/- सचिव (सामान्य प्रशासन)।2716 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933

[Authoritative English Text of this Department's notification No.GAD-D-7 (G)1-12/81-II,

dated the 30th August, 2011 as required under Clause(3) of article 348 of the Constitution of Indi].

GENERAL ADMINISTRATION DEPARTMENT

(Section-D)

NOTIFICATION

Shimla-2,the 30th August, 2011

No.GAD-D-7(G)1-12/81-II.—In exercise of the powers conferred under rule 45 of the Fundamental Rules, the Governor, Himachal Pradesh, is pleased to make the following rules further to amend the Himachal Pradesh Allotment of Government Residences (General Pool) Rules, 1994, notified vide this Department's notification No.GAD-7 (G)1-12/81, dated the 1st June,1994 and published in Rajpatra, Himachal Pradesh (Extra Ordinary) dated 18th July, 1994, namely:-

1. Short title and Commencement.—(1) These rules may be called the Himachal Pradesh Allotment of Government Residences (General Pool) Amendment Rules, 2011.

(2) These rules shall come into force with immediate effect.

2. Amendment of rule 2.—In rule 2 of the Himachal Pradesh Allotment of Government Residences (General Pool) Rules, 1994 (hereinafter referred to as the 'said rules'),--

(a) for sub-rule(c) the following shall be substituted, namely:-

"(c) 'date of priority' of an officer/official in relation to type-IV and above residences shall be the date from which he has been continuously drawing the Grade Pay or Basic Pay, whichever is applicable, to a particular type or a higher type in a post under the State Government or on foreign service/deputation:

Provided that the date of priority in respect of type-I to type-III residences shall be the date of joining in the service under State Government. If the date of joining is the same then the priority shall be determined as under:

(i) the officer/official having higher grade pay shall be senior; and (ii) if the grade pay is the same, the officer/official retiring earlier shall be accorded higher priority:

Provided further that the inter-se-seniority for type-IV and above residences shall be considered on the basis of following factors, namely:-

(i) the Grade pay of the officer; (ii) the priority date of an applicant, within the same Grade Pay, shall be the date from which the applicant is continuously drawing his existing grade pay;

(iii) Where the priority date of two or more officers is the same, the inter-se-seniority of the officers shall be determined on the basis of the basic pay i.e. the officer who has a higher pay shall be senior in the waiting list:

Provided that where the priority date and the basic pay of two or more officers are the same, the earlier date of joining in the service of the State Government shall be next determining criteria of inter-se-seniority:

Provided further that where the priority date, basic pay and date of joining in the service of the State Government of two or more officers are the same, the officers retiring earlier may be accorded higher priority over the officers retiring later:

Provided further that the Officers entitled for type-V and above residences shall also be eligible to apply for accommodation below their entitlements subject to the condition that such accommodation shall not be below type-IV:

Provided further that no junior batch officer of the same service shall be given priority over the senior batch officer of the same service:

Provided further that for the purpose of counting of broken periods of service for priority date for allotment of residential accommodation from the general pool, the past service shall be counted if they have been given any benefit of the past service for any of the purposes of confirmation, quasipermanency or pension. They shall, however, not be allowed to count their past service in case they are given any terminal benefits (like civil or military pension/gratuity) other than leave for their past service. If any officer had more than one break in his service, the above benefit will be admissible only in respect of continuous service rendered prior to the last break";

(b) for clause(f), the following shall be substituted, namely.-"(f) Permanent, quasi- permanent and temporary Government servants of Himachal Pradesh Government offices whose services are likely to be made regular, are eligible for the allotment of Government residential accommodation from the general pool:

Provided that the Government servants of those category or class for whom departmental accommodation exist at the station of their postings shall not be eligible for allotment on seniority from the general pool at that station".

(c) clause(g) shall be deleted.

3. Substitution of rule 5.—For rule 5 of the said rules, the following shall be substituted; namely:-

"5. Classification of Residences.-

"Save as otherwise provided by these rules, the officers/officials shall be eligible for allotment of different types of residences on the basis of Grade Pay or Basic Pay whichever is applicable, shown in the table below:-

Table-I

Type of residence Category of officer/official or monthly emoluments

drawn by the officer/official (Grade Pay only) I Rs.1300/- to Rs.1650/- II Rs.1900/- to Rs.3600/- III Rs.3800/- to Rs.5000/- IV Rs.5400/- to Rs.8400/- V Rs.8600/- to Rs.9000/- VI Rs.10,000/- and above2718 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Explanation.— In the case of officer who is under suspension, the emoluments (Grade Pay only) drawn by him on the first day of the allotment year in which he is placed under suspension or if he is placed under suspension on the first day of allotment year, the grade pay drawn by him immediately before that date shall be taken as emoluments. Allotment of residential accommodation to the officers/officials under suspension shall be made under rule-7 as if the suspension has not taken place.

Table-II

Type of residence Category of officer/official or monthly emoluments

drawn by the officer/official (Basic Pay only) VII Rs.67,000/- to Rs.79,999/- VIII Rs.80,000/- and above".

4. Amendment of rule 7.—In rule 7 of the said rules, for sub-rule(1) the following shall be substituted, namely:-

"(1) Save as otherwise provided in these rules, a residence, falling vacant, may be allotted by the Secretary(GAD) to the Govt. of Himachal Pradesh to an applicant desiring a change of accommodation in that type in genuine cases under the provisions of rule 13 or to an applicant without accommodation in that type of residence having the earliest date of priority for that type of residence, subject to the following conditions, namely:-

(i) the Secretary shall not allot a residence of a type higher than to what the applicant is eligible under rule 5;

(ii) the Secretary shall not compel any applicant to accept a residence of a lower type than to what he is eligible under rule 5; and

(iii) the Secretary, on request from an applicant for allotment of a lower category residence may allot to him a residence of one type below for which the applicant is eligible under rule 5 on the basis of his priority date for the same".

5. Substitution of rule 8.—for rule 8 of the said rules, the following shall be be substituted, namely:-

"(8) Adhoc allotment on out of turn basis.-Notwithstanding the provisions of rule 7, adhoc allotment on out of turn basis may be made on the merits of each case by the House Allotment Committee to an officer/official on the following grounds:-

(1) On the following type of illness:-

(i) Physically handicapped Government employees in the following cases:

(a) The blind i.e. those who suffer from either of following conditions:

(i) total absence of sight; (ii) Visual Aquity not exceeding 6/60 or 20/200(snell) in the better eye with correcting lenses; and

(iii) impression of the field of the vision subtending an angle of 20 degrees or worse.

(b) The Deaf-Those in whom the sense of hearing non functional for ordinary purposes of life. They do not hear, understand sound at all even with amplified speech. The cases include in that category will be those having hearing loss more than 90 decibles in the better ear(profound impairment) or total loss of hearing in both ears.

(c) (i) the orthopaedically handicapped, that is, those who as a result of their or thopaedic deformity find it very difficult to move freely; or

(ii) heart ailment for self only (heart ailments having symptoms of Grade III and IV which includes serious disabilities like Angina Grade-III and IV or congested cardial failure Grade III and IV or Malignant Hypertension with symptoms of Grade III and IV); or

(iii) Tuberculosis (Pulmonary tuberculosis in active phase with risk to other) and Cancer, of self, spouse and dependent children.

(2) In the event of death or retirement of a Government servant, to the wife/husband, provided that the retired or the deceased Government servant was in occupation of Government accommodation at the time of retirement or death, as the case may be. Such allotment shall not be made in a category higher than a category to which the spouse of the deceased or retired Government servant is entitled:

Provided that such wife/husband was serving the Himachal Pradesh Government at the time of the retirement or death of the Govt. servant and residing with him/her and was not claiming HRA for the last 3 years or since the date of appointment/transfer in the station whichever is relevant:

Provided further that in case of death, the spouse may be allotted accommodation if he/she is appointed to Govt. service within the permissible period of one year from the date of death of the allottee:

Provided further that the spouse of the retired/deceased allottee shall clear all the outstanding dues in respect of premises occupied by the retiree or deceased:

Provided further that the application in prescribed proforma for allotment of accommodation on out of turn basis shall be submitted alongwith the supporting documents and such application shall be valid for that allotment year only:

Provided further that for the adhoc allotment to the spouse in the event of death, retirement or transfer of Government servant, an affidavit may be obtained in non-judicial paper to the effect that he/she does not own a house at or near the station of his/her posting.

(3) In the event of transfer, deputation on foreign services sponsored by the Government and study leave of more than six months of an allottee, to the spouse of such employee according to his/her entitlement in case the spouse is in Government service and posted at the same station.

(4) In the event of officer occupying an earmarked house and is transferred to another post at the same station or to another station. Those vacating earmarked accommodation related to law and orders administration shall get priority over others.

(5) An officer/official who after completing of their full tenure in the Districts of Lahaul and Spiti, Kinnaur and Pangi Tehsil of Chamba district are transferred to the station.

(6) Personal staff i.e. one out of the Personal Assistant/Private Secretaries etc. of the ministers.

(7) Where exigencies of services so warrant.

(8) Notwithstanding anything contained in sub rules(1) to (7), an officer/official who owns a house either in his own name or in the name of any member of his family at or near the station of his/her posting, shall not be eligible for adhoc allotment on out of turn basis.

(9) (i) Regular correspondents of daily newspapers published at National/Regional/State level and those of News Agencies or Electronic News channels broadcasted/telecasted at national level and who have State Level Accreditation accorded by the Government of Himachal Pradesh, shall be eligible for allotment of government accommodation at Shimla as per entitlement but not above type-IV house, taking into consideration the circulation/viewership and on the recommendations of Director, Information and Public Relations, H.P. Government in this regard provided that such correspondent does not own a house at Shimla in his own name or in the name of any member of his family:

Provided tha t in case a correspondent who has already been allotted Government residential accommodation acquires a house of his own at the place shall have to surrender the allotted accommodation immediately and in case he or any member of his family acquires or inherits or constructs any house or part of the house, he shall have to surrender the allotted accommodation immediately thereafter and an affidavit to this effect shall be obtained at the time of allotment from such correspondents:

Provided further that an allottee of accommodation under sub-clause(i) shall pay the license fee as per provisions of these rules and shall also pay the house rent allowance paid to him/her by the Newspaper or News Agency or Electronic News Agency/News Channel in which he/she is employed. No exemption in this regard shall be permissible;

(9) (ii) Priority for allotment shall be from the date of receipt of application for the allotment of accommodation;

(9) (iii) Only one residence shall be allotted to one News Paper/News Agency/News Channel:

Provided that adhoc allotment on out of turn basis under these rules shall not exceed 50% of the houses available in each category during the given allotment year. Type-IV and above houses will be bracketed together for determining the percentage and allotment under sub-rule(2),(3) and (9) of this rule shall not form part of the percentage of allotments made under this rule:

Provided further that there shall be a separate pool for Press Correspondents having 20 residences upto Type-IV only:

Provided further that allotment of the government accommodation shall be valid only for the period during which the allottee continuously works in the newspaper/news agency/news channel for which he has been allotted the accommodation".

6.Amendment of rule 10.—In rule 10 of the said rules,-2721 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (a) for fifth proviso to explanation 4 under sub-rure(2), the following shall be substituted, namely.-"Provided further that if any allottee is transferred or retires in the mid- academic session and his/her children are studying in School/College, as the case may be, at the place of present posting, the allottee may be allowed by the Secretary on the basis of merits of each case to retain the accommodation till that current academic year/semester is completed subject to production of certificate from the concerned institution to this effect. License fee chargeable in such case shall be four times of the pooled standard license fee for the period beyond the concessional period permitted under the rules in cases of retirement or transfer, as the case may be".

(b) for sub-rule(4), the following shall be substituted, namely.-"(4)The officer/official who are provided earmarked accommodation/rent free accommodation, the tenure post appointees and the Press Correspondents shall not be eligible for concession allowed under sub- rule(2) and such allottees shall vacate the accommodation allotted to him/her within a period of 30 days after transfer or withdrawal of accreditation".

(c) after sub-rule(4), the following new sub-rule(5) shall be added, namely.-"(5)The allottees of the Transit Pool Accommodation orservant quarter or garage, as the case may be, shall be governed by the similar provisions provided in this rule for retaining the same upto a period of six months beyond permissible period whereafter the damages as provided under rule-18-A shall be charged".

7. Amendment of rule 13.—In rule 13 of the said rules, for sub rule(2), the following shall be substituted, namely:-

"(2) Change of residence shall be allowed on the basis of receipt of applications in the office of Director of Estates/Estate Officers and on the basis of merits/ genuineness of each case :

Provided that if an officer/ official submits a fresh application for change of residence, his previous application already registered in the Directorate of Estates/Estate Officer, shall stand cancelled and his seniority shall be counted from the date of receipt of his fresh application".

8. Substitution of rule 16.—For rule 16 of the said rules, the following shall be substituted, namely:-

"(16) Transfer to non-family station.- If an officer/official is transferred to Pangi, Lahaul & Spiti,Dodra Kwar and Hangrang Sub-Tehsil of Pooh Sub Division in Kinnaur Distt and the residence allotted to him under these rules is required by the family for bonafide use, he may be allowed on merit of each case to retain the residence on payment of four times of licence fee".

9. Amendment of rule 19.—In rule-19 of the said rules, clause(b) of sub- rule(5) shall be deleted.

By order, Sd/- Secretary (GAD).

PERSONNEL DEPARTMENT

(Appointment-II)

NOTIFICATION

Shimla-171002, the 30th August, 2011

No. Per (AP-B)C(5)-1/2010.—In partial modification of Finance Department Notification No.Fin-1-C(14)1/83, dated 6.9.95 and in exercise of powers vested under Rule,12 of H. P. Financial Rules, 2009, the Governor, Himachal Pradesh is pleased, to delegate the financial powers in respect of Himachal Pradesh Subordinate Services Staff Selection Board, Hamirpur under SOE:- "Advertisement and Publicity" in the following manner:-

The above delegation is subject to the following conditions:

(i) That the expenditure shall not exceed the allocated budget in any case.

(ii) That the expenditure shall be incurred for the purpose for which the funds have been provided in the budget.

(iii) That adequate control mechanism shall be evolved and applied effectively for prevention, detection of errors and irregularities in financial activities and to guard against waste and loss of public money.

(iv) Copies of the sanctions will be sent to the Office of Pr. Accountant General of H. P. and to this Department.

(v) The guidelines issued by the Finance Department from time to time regarding issue of sanctions and incurring of expenditure may be kept in view.

This issues with the prior concurrence of the Finance Department obtained vide their U. O. No. Fin-(C)A(2)1/2004 dated 17.8.2011.

By order, MANISHA NANDA. Pr. Secretary (Personnel).

राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 खाध एवं आपूर्ति विभागखाध एवं आपूर्ति विभागखाध एवं आपूर्ति विभागखाध एवं आपूर्ति विभाग

अधिसूचना

सोलन....................................

संख्या 3-162/82-सीएस-संख्या 3-162/82-सीएस-संख्या 3-162/82-सीएस-संख्या 3-162/82-सीएस-III.—पिछले सभी आदेशों व अधिसूचनाओं का अधिक्रमण करते हुये तथा हिमाचल प्रदेश जमाखोरी एवं मुनाफाखोरी निरोधक आदेश, 1977 की धारा-3 (1) (ई) के अधीन प्रदत्त शक्तियों का प्रयोग करते हुये मैं सी पालरासु (भा0 प्र0 से0) जिला दण्डाधिकारी, सोलन निम्नलिखित वस्तुओं के सभी करों सहित प्रत्येक के समक्ष दर्शाये गये अधिकतक विक्रय मूल्य निर्धारित करता हूं :-

नोटः-नोटः-नोटः-नोटः- सभी विके्रताओं को उपरोक्त वस्तुओ की बिक्री के बिल/कैश मैमों देगा जिसकी डुपलीकेट प्रति अपनी रिकार्ड में निरीक्षण हेतु रखेगा ताकि सही भाव का पता चल सके ।

यह अधिसूचना पूरे सोलन जिला में हिमाचल प्रदेश राजपत्र में छपने के एक मास तक लागू मानी जायेगी ।

प्रत्येक दुकानदार अपनी दुकान/ढाबे में उचित स्थान पर उपरोक्त सभी वस्तुओं जैसे खाना, चाय, पनीर व मिठाईयों आदि की मूल्य सूची प्रदर्शित करेगा ।

आदेश द्वारा, हस्ता/- जिला दण्डाधिकारी सोलन, जिला सोलन।

------

HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD

"(A State Govt. Undertaking)"

NOTIFICATION

Shimla-4,13th August, 2011

No. HPSEB(Sectt)/409-29(R-APDRP-Rampurghat S/Stn.)/11-59248.—In pursuance to Section 67 of the Electricity Act,2003 read with works of Licensees Rule 2006 and all other enabling provisions and notification of H.P. Govt.bearing No. MPP-A(3)/2003-1 dated 18th September, 2008. In this behalf, it is hereby notified that the HPSEB Ltd. proposes to undertake the below mentioned schemes :-

NAME OF SCHEME.—Construction of 33/11 KV,2x6.3 MVA Sub-Station, at Rampurghat under Electrical Division,HPSEB Ltd. Paonta (R-APDRP-Part-B).

COST OF SCHEME.— - Rs. 499.57 Lakh.

BRIEF DESCRIPTION AND SCOPE :

A scheme for Paonta Town under R-APDRP Part-B has been approved amounting to Rs.36.63 crore, in which there is a provision for construction of 33/11KV,2x6.3 MVA,Sub-Station at Rampurghat under Electrical Division, HPSEB Ltd. Paonta. The A/A & E/S for the execution of the scheme under R-APDRP Part-B has been accorded by this office vide office order No. HPSEBL(Sectt)409-29(R-APDRP)/2010-115066-76 dated 13.12.2010.

The Rampurghat village is situated on Paonta-Rampurghat Road and is about 5 KM from Paonta and includes Patti NathaSingh, Bherewala, Rampurghat, Amarkot, Nihalgarh, Bhungarni, Haripur, Tohana,Barotiwala, Ambwala etc. There are 6200 consumers of different categories under this proposed 33/11KV Sub-Station Rampurghat presently being fed through HT and 60 No. distributions transformers. At present the main power supply system to the Rampurghat area under Electrical Sub-Division Paonta comprise of 3 No. 11 KV feeders emanating from 132/11 KV S/Station Gondpur. There will be load relief of 8 MVA to this Sub-Station after Rampurghat Sub- Station is constructed/commissioned. The load demand in the area has increased many fold during recent years. The additional power at tail end of 11 KV feeders is being sought by many industries. The I&PH connections for various LWSS/LIS are also in pipeline, thereby increasing the power requirement in the area. The tail end load of 11 KV Patti Natha Singh, Bhungarni, Matralion feeders will be shifted to this proposed 33/11 KV Sub-Station at Rampurghat as the area is facing low voltage problem. Therefore, to strengthen the network and improve the quality of supply, the 33/11 KV Sub-Station is being constructed at Rampurghat and to energized this Sub-Station, 33 KV line with 7/4.26 conductor has been proposed. The land in which the proposed 33/11KV Sub- Station shall be constructed at Rampurghat under Electrical Division, Paonta have Khasra No. 35,measuring 3-9 bighas, Khasra No. 188/40 measuring 1.00 bighas and Khasra No. 41 measuring 3.00 bighas, total Kite-3/1,measuring 7-09 bighas belonging to Sh. Bhupender Singh S/O Sh. Malkiyat Singh resident of Mauza Rampurghat, Tehsil Paonta,District Sirmour H. P.

The following revenue Village/Mohals fall on route of the proposed 33KV line.

Name of Villages/Mohals :-

1) Rampur, 2) Barotiwala, 3) Ambwala, 4) Kanuwala, 5) Chawniwala, 6) Shivpur, 7) Haripur, 8) Bhaungarn, 9) Nihalgarh, 10) Amarkot, 11) Bherewala, 12) Santokhgarh, 13)Patti Natha Singh, 14) Phooklpur, 15) Nawada, 16) Suratgarh, 17) Matralion, 18) Kunja & 19) Devi Nagar. HPSEB Ltd. is undertaking and executing the above scheme and shall have all the powers for placing of any wires, poles, wall brackets, stays, apparatus and appliances for the transmission of energy necessary for proper co-ordination of the work of the H.P.S.E.B. Ltd. for the areas indicated above being duly empowered and authorized in this behalf by the Govt. of H.P.vides notification dated 18.9.2008 ibid.

Notice is hereby given that any licensee or other persons, who so ever interested may raise any objection and or make any representation on the above scheme within one month from the Publication of this notice there after no objection or representation will be entertained and the scheme shall be implemented as approved by the HPSEB Ltd.

Necessary plans showing the line route etc. may be inspected on any working day in the office of Sr. Executive Engineer, Electrical Division, HPSEB Ltd., Paonta (H.P.) Objections and representations in respect of above scheme, if any, may be sent to the undersigned.

By order, Sd/- Chief Engineer (P&M), HPSEBL, Shimla-4.

NOTICE OF PUBLICATION OF CHAPTER-19 OF DEVELOPMENT PLAN FOR LEFT OUT AREA OF KULLU VALLEY PLANNING AREA

Shimla, 20th August, 2011

No. HIM/TP/PJT/AZR/LOA/2011/Vol-I/6601-6800.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter -19 of the Development Plan for Left Out Area of Kullu Valley Planning Area notified vide Notification No. TCP-F(4)-1/2007 dated 15.1.2011 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -19 is available for inspection at the following offices during the office hours:-

1. The Director,

Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009.

2. The Town and Country Planner,

Divisional Town Planning Office, Kullu, District Kullu, Himachal Pradesh.

3. The Executive Officer,

Municipal Council Kullu, District Kullu, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Town and Country Planner, Divisional Town Planning Office, Kullu, District Kullu, Himachal Pradesh and the Executive Officer, Municipal Council Kullu, District Kullu, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

By order, Place: Shimla. Sd/- Date: Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh.

SUBSTITUTION OF CHAPTER 19

Chapter 19 of the Development Plan for Left Out Area of Kullu Valley Planning Area, shall be substituted as under:-

CHAPTER-19

ZONING AND SUB-DIVISION REGULATIONS

19.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(i) Three sets of plan, showing elevation and section in the scale of 1:100. (ii) The architectural drawings duly signed by the licenced and registered Architect/Planner/Engineer/Draftsman along with his/her address and Registration number.

(iii) Copy of Treasury Challan Form vide which requisite fee has been deposited.

(iv) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(v) Ownership documents, i.e. latest original Jamabandi. (vi) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(vii) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may2728 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(viii) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority.

(xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: - NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED.

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _______________________under the__________________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority.

(xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure.

(xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

19.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye2729 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

19.3 GENERAL REGULATIONS

The following General Regulations shall apply to all development activities in the Left Out Area:- (i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to pre-dominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority. (iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet atleast the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and2730 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only.

(vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977.

(viii) Natural Nallahs which passes through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing.

(x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab/chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the2731 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii) (a) The permissible area standard/norms for different parts of a building shall be as under:

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 19.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree.

(xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @ 20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorised.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M. (xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

19.4 SUB-DIVISION OF LAND REGULATIONS

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 19.1 and 19.2.

(iv) The General Regulations provided under Regulation 19.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M. (viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan.

(ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 19.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un-obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

19.5 Simplified Regime of Regulations

The following simplified regime of regulations will be followed for all land uses. Regulation 19.1, 19.2, 19.3 and 19.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height/storeys will be regulated2734 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 by permissible FAR and shall be subject to valley view regulation as provided under Regulation 19.3 (xxvi).

(ii) The FAR will be 1.75. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 19.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each. (iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. There will be no plot size restriction for plots existing before the commencement of this Development Plan.

The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as under:-

(v) Mixed Land Use will be for all areas subject to these regulations/bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence- cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of landuse will be as provided in Rule 12 of H.P. Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 19.3 (xxii).

19.6 WATER BODIES ZONE

River Front Area

This Zone has been demarcated to comply with the Orders of the Hon'ble High Court of Himachal Pradesh and subsequent Report of the 'Expert Group' adopted by the said Hon'ble Court. The area is as under:-

(i) The land below the High Flood Level (HFL) shall be treated as river land and no construction activities of any kind except erosion checking measures shall be allowed in this belt.

(ii) Beyond the HFL, a belt of 25 M width along both banks of river Beas shall be developed exclusively as a "Green Zone" by the Department of Forest. No construction / development other than one related to soil conservation, afforestation, landscaping for tourism and public utilities such as lines of movement, water pump houses, sewerage treatment plants, solid waste management plants shall be allowed in this Zone.

(iii) Beyond 25.00 M width from HFL on both banks of river Beas, the developmental activities shall be as per provisions of this Development Plan.

19.7 Forest Areas

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected.

Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

19.8 OTHER REGULATIONS

19.8.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

19.8.2. Information Technology Parks Regulations

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(ii) Land use structure of complex

(i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

(a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(iv) Parking Provision

external walls. However, if the water closets and bathrooms are not opening to the front, sides, rear and interior open spaces, these shall open to the ventilation shaft. The maximum size of ventilation shaft shall be 4.00 Sqm. with minimum 1 dimension of 1.5 M

(ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M2. At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

(ii) Adequate provision for rain water harvesting tank, @ 20 Liters per M2 of the roof top area, shall be made underground in the Parks and Open Spaces and the same shall be used for the purposes other than drinking and cooking.

(xiii) Parks and tot lots

Area under parks and tot lots shall be properly organized in regular shape and amidst the Blocks. Proper landscaping of the IT Park area in accordance with the design shall be ensured by the Developer.

(xiv) Existing trees and plantation

(i) No construction shall be allowed within a radius of 5.00 M from the circumference of an existing tree. (ii) Plantation shall be ensured @ 125 trees per Hectare.

(xv) Distance from Natural drainage

Distance from highest flood level (HFL) along rivers, 'khuds' and 'nallahs' shall be as under:-

River = 25.00 M Khud = 10.00 M Nallah = 05.00 M

(xvi) Distance from Roads

Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M

(xvii) Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads.

(ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision

For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

Sloping roof shall have to be ensured in each structure.

(xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

19.8.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:-

(i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses.

(vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc. (ix) New townships.

(II) Building Map

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

(IV) Orientation

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/Planner/ Engineer/Designer/solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation.

(c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by land-scaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

(X) Outer Wall Thickness

Outer walls of the building shall be made atleast 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm2741 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centres, Banquet Halls and buildings for similar use.

(ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water. (iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low / non-sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air/water collectors/Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

19.8.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000×2000 mm.

(ii) Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M

(b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm

A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of a toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance. (b) The minimum size shall be 1500 mm x 1750 mm (c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level. ________

TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF CHAPTER-18 OF DEVELOPMENT PLAN FOR HAMIRPUR PLANNING AREA

Shimla, 20th August, 2011

No. HIM/TP/PJT/AZR/Hamirpur/2011/Vol-I/6401-6600.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter -18 of the Development Plan for Hamirpur Planning Area notified vide Notification No. TCP-F(5)-11/2004 dated 27.12.2004 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -18 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009. 2. The Town and Country Planner, Divisional Town Planning Office, Hamirpur, District Hamirpur, Himachal Pradesh. 3. The Executive Officer, Municipal Council Hamirpur, District Hamirpur, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Town and Country Planner, Divisional Town Planning Office, Hamirpur, District Hamirpur, Himachal Pradesh and the Executive Officer, Municipal Council Hamirpur, District Hamirpur, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

By order, Place: Shimla. Sd/- Date: Director,

Town and Country Planning Department,

Block No. 32-A, Commercial Complex,

Kasumpati, Shimla, Himachal Pradesh.

SUBSTITUTION OF CHAPTER 18

Chapter 18 of the Development Plan for Hamirpur Planning Area, shall be substituted as under:-

CHAPTER-18

ZONING AND SUB-DIVISION REGULATIONS

18.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi. (viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority.

(xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED.

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority.

(xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure.

(xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

18.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s).

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

18.3 GENERAL REGULATIONS

The following General Regulations shall apply to all development activities in the Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority. (iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only.

(vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977.

(viii) Natural Nallahs which passes through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing. (x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area. (xviii) Roof slab / chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii) (a) The permissible area standard/norms for different parts of a building shall be as under:

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 18.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree.

(xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @ 20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorized.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M.

(xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii)All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

18.4 SUB-DIVISION OF LAND REGULATIONS

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 18.1 and 18.2.

(iv) The General Regulations provided under Regulation 18.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum2750 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M. (viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan.

(ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 18.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un-obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

18.5 Simplified Regime of Regulations

The following simplified regime of regulations will be followed for all land uses. Regulation 18.1, 18.2, 18.3 and 18.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height/storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 18.3 (xxvi).

(ii) The FAR will be 1.75. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 18.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each. (iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. There will be no plot size restriction for plots existing before the commencement of this Development Plan.

The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as under:-

(v) Mixed Land Use will be for all areas subject to these regulations/bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence- cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 18.3 (xxii).

18.6 Forest Areas

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected.

Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

18.7.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/ sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

18.7.2. Information Technology Parks Regulations

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(ii) Land use structure of complex

(iii) Means of Access

(i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

(a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(iv) Parking Provision

(v) Maximum Floor Area Ratio (F.A.R.) (i) Floor Area Ratio (F.A.R.) shall be 1.75. (vi) Maximum Height of buildings As per Regulation 18.3 (xxii) (vii) Set Backs (i) Block to Block distance shall be 2/3rd of average height of the Blocks. (ii) Distance of structures from the adjoining properties and side Set Backs shall not be less than 1/3rd of the height of the Blocks.

(iii) Minimum 3.00 Metre distance from internal roads shall have to be maintained. (viii) Expansion Joints The structures exceeding 45.00 M in length shall be divided by one or more expansion joints as per Structural Design calculations.

(ix) Structural Stability The structural stability provisions shall be strictly adhered to, as enshrined in Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977.

(x) Environment and Health (i) Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least 3 hours sun may be available for each building during winters. In case of residential structures, kitchen and services shall have to be provided along the external walls. However, if the water closets and bathrooms are not opening to the front, sides, rear and interior open spaces, these shall open to the ventilation shaft. The maximum size of ventilation shaft shall be 4.00 Sqm. with minimum 1 dimension of 1.5 M.

(ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures (i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M2. At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

(ii) Adequate provision for rain water harvesting tank, @ 20 Liters per M2 of the roof top area, shall be made underground in the Parks and Open Spaces and the same shall be used for the purposes other than drinking and cooking.

(xiii) Parks and tot lots Area under parks and tot lots shall be properly organized in regular shape and amidst the Blocks. Proper landscaping of the IT Park area in accordance with the design shall be ensured by the Developer.

(xiv) Existing trees and plantation (i) No construction shall be allowed within a radius of 5.00 M from the circumference of an existing tree. (ii) Plantation shall be ensured @ 125 trees per Hectare. (xv) Distance from Natural drainage Distance from highest flood level (HFL) along rivers, 'khuds' and 'nallahs' shall be as under:-

River = 25.00 M Khud = 10.00 M Nallah = 05.00 M (xvi) Distance from Roads Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M (xvii) Distance from Electric Lines Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance (i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads.

(ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture Sloping roof shall have to be ensured in each structure.

shall be adhered strictly.

18.7.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:- (i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses. (vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc.

(ix) New townships.

(II) Building Map

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

(IV) Orientation The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be2756 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/Planner/Engineer/Designer/solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation.

(c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

(X) Outer Wall Thickness Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use.

(ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low/non-sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air/water collectors/Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

18.7.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

(ii) Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non- slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M

(b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance. (b) The minimum size shall be 1500 mm x 1750 mm (c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level.

_________

TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF CHAPTER-11 OF DEVELOPMENT PLAN FOR KASAULI PLANNING AREA

Shimla, 20th August, 2011

No. HIM/TP/PJT/AZR/Kasauli/2011/Vol-I/8801-9000.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter -11 of the Development Plan for Kasauli Planning Area notified vide Notification No TCP-F (5)-1/2009 dated 22.10.2009 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -11 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009. 2. The Town and Country Planner, Divisional Town Planning Office, Solan, District Solan, Himachal Pradesh. 3. The Tehsildar, Kasauli, District Solan, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Town and Country Planner, Divisional Town Planning Office, Solan, District Solan, Himachal Pradesh and the Tehsildar, Kasauli, District Solan, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

By order, Place: Shimla. Sd/- Date: Director,

Town and Country Planning Department,

Block No. 32-A, Commercial Complex,

Kasumpati, Shimla, Himachal Pradesh.

SUBSTITUTION OF CHAPTER 11

Chapter 11 of the Development Plan for Kasauli Planning Area, shall be substituted as under:-

CHAPTER-11

ZONING AND SUB-DIVISION REGULATIONS

11.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi. (viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority.

(xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority.

(xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure.

(xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

11.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

11.3 GENERAL REGULATIONS

The following General Regulations shall apply to all development activities in the Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority. (iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards. (vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only.

(vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977.

(viii) Natural Nallahs which passes through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing. (x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab / chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii)

(a) The permissible area standard/norms for different parts of a building shall be as under:

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 11.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree. (xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @ 20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorized.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M.

(xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

11.4 SUB-DIVISION OF LAND REGULATIONS

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 11.1 and 11.2

(iv) The General Regulations provided under Regulation 11.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M. (viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan.

(ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 11.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un-obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

11.5 Simplified Regime of Regulations

The following simplified regime of regulations will be followed for all land uses. Regulation 11.1, 11.2, 11.3 and 11.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height/storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 11.3 (xxvi).

(ii) The FAR will be 1.75. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 11.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each.

(iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. There will be no plot size restriction for plots existing before the commencement of this Development Plan.

The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as under:-

(v) Mixed Land Use will be for all areas subject to these regulations / bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence-cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 11.3 (xxii).

11.6 Forest Areas

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected.

Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

11.7 OTHER REGULATIONS

11.7.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/ sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the2768 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Government, separately. In Heritage Area façade of the building/ blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

11.7.2. Information Technology Parks Regulations

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(ii) Land use structure of complex

Land use Structure Maximum limit

(iii) Means of Access

(i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

(a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(iv) Parking Provision

As per Regulation 11.3 (xxii)

(vii) Set Backs

(i) Block to Block distance shall be 2/3rd of average height of the Blocks. (ii) Distance of structures from the adjoining properties and side Set Backs shall not be less than 1/3rd of the height of the Blocks.

(iii) Minimum 3.00 Metre distance from internal roads shall have to be maintained.

(viii) Expansion Joints

The structures exceeding 45.00 M in length shall be divided by one or more expansion joints as per Structural Design calculations.

(ix) Structural Stability

The structural stability provisions shall be strictly adhered to, as enshrined in Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977.

(x) Environment and Health

(i) Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least 3 hours sun may be available for each building during winters. In case of residential structures, kitchen and services shall have to be provided along the external walls. However, if the water closets and bathrooms are not opening to the front, sides, rear and interior open spaces, these shall open to the ventilation shaft. The maximum size of ventilation shaft shall be 4.00 Sqm. with minimum 1 dimension of 1.5 M

(ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M2. At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

(ii) Adequate provision for rain water harvesting tank, @ 20 Liters per M2 of the roof top area, shall be made underground in the Parks and Open Spaces and the same shall be used for the purposes other than drinking and cooking.

(xiii) Parks and tot lots

Area under parks and tot lots shall be properly organized in regular shape and amidst the Blocks. Proper landscaping of the IT Park area in accordance with the design shall be ensured by the Developer.

(xiv) Existing trees and plantation

(i) No construction shall be allowed within a radius of 5.00 M from the circumference of an existing tree. (ii) Plantation shall be ensured @ 125 trees per Hectare.

(xv) Distance from Natural drainage

Distance from highest flood level (HFL) along rivers, 'khuds' and 'nallahs' shall be as under:-

River = 25.00 M Khud = 10.00 M Nallah = 05.00 M

(xvi) Distance from Roads

Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M.

(xvii) Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads.

(ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture

Sloping roof shall have to be ensured in each structure.

(xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

11.7.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:- (i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses.

(vii) Industrial buildings and complexes thereof.

(viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc.

(ix) New townships.

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

(IV) Orientation

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/Planner/Engineer/Designer/ solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation.

(c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

(X) Outer Wall Thickness

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use. (ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low / non-sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air/water collectors/Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

11.7.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

(ii) Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non- slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M

(b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be2775 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm

A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance. (b) The minimum size shall be 1500 mm x 1750 mm (c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

(ix) Refuge Area

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level.

_________

TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF CHAPTER-6 OF DEVELOPMENT PLAN FOR PAONTA SAHIB PLANNING AREA

Shimla, 20th August, 2011

No. /HIM/TP/PJT/AZR/Paonta Sahib/2011/Vol-I/7801-8000.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter -6 of the Development Plan for Paonta Sahib Planning Area notified vide Notification No. TCP-F(5)2/98 dated 26.10.1998 is proposed to be substituted,2776 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -6 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009. 2. Town and Country Planner, Divisional Town Planning Office, Nahan, District Sirmour, Himachal Pradesh. 3. The Executive Officer, Municipal Council Paonta Sahib, District Sirmour, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Town and Country Planner, Divisional Town Planning Office, Nahan, District Sirmour, Himachal Pradesh and the Executive Officer, Municipal Council Paonta Sahib, District Sirmour, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

By order, Place: Shimla. Sd/- Date: Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh.

________

Annexure-A

SUBSTITUTION OF CHAPTER 6

Chapter 6 of the Development Plan for Paonta Sahib Planning Area, shall be substituted as under:-

CHAPTER-6

ZONING AND SUB-DIVISION REGULATIONS

6.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or2777 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi. (viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority.

(xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED.

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority.

(xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure.

(xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

6.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

The following General Regulations shall apply to all development activities in the Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority.

(iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only. (vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977.

(viii) Natural Nallahs which passes through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing.

(x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any2780 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab / chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii) (a) The permissible area standard/norms for different parts of a building shall be as under:

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 6.1.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree. (xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @ 20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorised.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M.

5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

6.4 SUB-DIVISION OF LAND REGULATIONS

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 6.1 and 6.2.

(iv) The General Regulations provided under Regulation 6.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M. (viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan.

(ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 6.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un- obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

6.5 Simplified Regime of Regulations

The following simplified regime of regulations will be followed for all land uses.

Regulation 6.1, 6.2, 6.3 and 6.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height/storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 6.3 (xxvi).

(ii) The FAR will be 1.75. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 6.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each.

(iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. There will be no plot size restriction for plots existing before the commencement of this Development Plan.

The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as under:-

(v) Mixed Land Use will be for all areas subject to these regulations/bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence-cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 6.3 (xxii).

6.6 WATER BODIES ZONE

River Front Area

This Zone has been demarcated to comply with the Orders of the Hon'ble High Court of Himachal Pradesh and subsequent Report of the 'Expert Group' adopted by the said Hon'ble Court. The area is as under:-

(i) The land below the High Flood Level (HFL) shall be treated as river land and no construction activities of any kind except erosion checking measures shall be allowed in this belt.

(ii) Beyond the HFL, a belt of 25 M width along both banks of river Beas shall be developed exclusively as a "Green Zone" by the Department of Forest. No construction / development other than one related to soil conservation, afforestation, landscaping for tourism and public utilities such as lines of movement, water pump houses, sewerage treatment plants, solid waste management plants shall be allowed in this Zone.

(iii) Beyond 25.00 M width from HFL on both banks of river Beas, the developmental activities shall be as per provisions of this Development Plan.

6.7 Forest Areas

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected.

Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

6.8 OTHER REGULATIONS

6.8.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/ sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/ blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

6.8.2. Information Technology Parks Regulations

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(ii) Land use structure of complex

(iii) Means of Access

(i) The access to the site of IT Park area shall not be less than 12.00 M wide.

(ii) Provisions of internal roads shall be as under:-

(a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

Residential = @ one car space per 75 M2 floor area Commercial = @ 1.50 car space per 75 M2 floor area Office Use = @ 1.25 car space per 75 M2 floor area Hardware Manufacturing Unit = @ one car space per 60 M2 floor area. Software development/ITES = @ one car space per 40 M2 floor area.

(v) Maximum Floor Area Ratio (F.A.R.)

(i) Floor Area Ratio (F.A.R.) shall be 1.75.

(vi) Maximum Height of buildings

As per Regulation 6.3 (xxii)

(vii) Set Backs

(i) Block to Block distance shall be 2/3rd of average height of the Blocks. (ii) Distance of structures from the adjoining properties and side Set Backs shall not be less than 1/3rd of the height of the Blocks.

(iii) Minimum 3.00 Metre distance from internal roads shall have to be maintained.

(viii) Expansion Joints

The structures exceeding 45.00 M in length shall be divided by one or more expansion joints as per Structural Design calculations.

(ix) Structural Stability

The structural stability provisions shall be strictly adhered to, as enshrined in Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977.

(x) Environment and Health

(i) Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least 3 hours sun may be available for each building during winters. In case of residential structures, kitchen and services shall have to be provided along the external walls. However, if the water closets and bathrooms are not opening to the front, sides, rear and interior open spaces, these shall open to the ventilation shaft. The maximum size of ventilation shaft shall be 4.00 Sqm. with minimum 1 dimension of 1.5 M (ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M2. At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

(ii) Adequate provision for rain water harvesting tank, @ 20 Liters per M2 of the roof top area, shall be made underground in the Parks and Open Spaces and the same shall be used for the purposes other than drinking and cooking.

(xiii) Parks and tot lots

Area under parks and tot lots shall be properly organized in regular shape and amidst the Blocks. Proper landscaping of the IT Park area in accordance with the design shall be ensured by the Developer.

(xiv) Existing trees and plantation

(i) No construction shall be allowed within a radius of 5.00 M from the circumference of an existing tree.

(ii) Plantation shall be ensured @ 125 trees per Hectare.

(xv) Distance from Natural drainage

Distance from highest flood level (HFL) along rivers, 'khuds' and 'nallahs' shall be as under:-

River = 25.00 M Khud = 10.00 M Nallah = 05.00 M

(xvi) Distance from Roads

Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M.

(xvii) Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the2788 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads.

(ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision

For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture

Sloping roof shall have to be ensured in each structure.

(xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

6.8.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:-

(i) All the Government and Semi-Government buildings.

community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses.

(vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc.

(ix) New townships.

(II) Building Map

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

(IV) Orientation

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/Planner/Engineer/Designer/ solar expert in accordance with building site, climate and space heating requirements.

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation. (c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

(X) Outer Wall Thickness

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use.

(ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low / non- sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air/water collectors/Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

6.8.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

(ii) Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M (b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of2792 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm

A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance. (b) The minimum size shall be 1500 mm x 1750 mm (c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet. (e) The W.C. Seat shall be 500 mm from the floor.

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level.

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TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF CHAPTER-7 OF DEVELOPMENT PLAN FOR PARWANOO PLANNING AREA

Shimla, 20th August, 2011

No. /HIM/TP/PJT/AZR/Parwanoo/2011/Vol-I/7801-8000.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter -7 of the Development Plan for Parwanoo Planning Area notified vide Notification No TCP-F (6)16/94 dated 18.7.1996 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -7 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009. 2. The Assistant Town Planner, Sub-Divisional Town Planning Office, Parwanoo, District Solan, Himachal Pradesh. 3. The Executive Officer, Municipal Council Parwanoo, District Solan, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Assistant Town Planner, Sub-Divisional Town Planning Office, Parwanoo, District Solan, Himachal Pradesh and the Executive Officer, Municipal Council Parwanoo, District Solan, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

By order, Place: Shimla. Sd/- Date: Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh.

SUBSTITUTION OF CHAPTER 7

Chapter 7 of the Development Plan for Parwanoo Planning Area, shall be substituted as under:-

CHAPTER-7

ZONING AND SUB-DIVISION REGULATIONS

7.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule- 11 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi. (viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority.

(xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTREICITY BOARD.

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority.

(xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure.

(iv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

7.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

7.3 GENERAL REGULATIONS

The following General Regulations shall apply to all development activities in the Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority. (iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only.

(vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977.

(viii) Natural Nallahs which passes through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing.

(x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic. (xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab/chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii) (a) The permissible area standard/norms for different parts of a building shall be as under:

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 7.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree.

(xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorized.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M. (xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal.

(xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

7.4 SUB-DIVISION OF LAND REGULATIONS

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 7.1 and 7.2

(iv) The General Regulations provided under Regulation 7.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured. (vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M.

(viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan.

(ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable2800 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 7.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un-obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

7.5 Simplified Regime of Regulations

The following simplified regime of regulations will be followed for all land uses. Regulation 7.1, 7.2, 7.3 and 7.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height/storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 7.3 (xxvi).

(ii) The FAR will be 1.75. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 7.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each. (iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. There will be no plot size restriction for plots existing before the commencement of this Development Plan. The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as under:-

(v) Mixed Land Use will be for all areas subject to these regulations / bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence-2801 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 7.3 (xxii).

7.6 Forest Areas

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected.

Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

7.7 OTHER REGULATIONS

7.7.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/ blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

7.7.2. Information Technology Parks Regulations

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(ii) Land use structure of complex

(i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

(a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M2. At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

(ii) Adequate provision for rain water harvesting tank, @ 20 Liters per M² of the roof top area, shall be made underground in the Parks and Open Spaces and the same shall be used for the purposes other than drinking and cooking.

(xiii) Parks and tot lots

Area under parks and tot lots shall be properly organized in regular shape and amidst the Blocks. Proper landscaping of the IT Park area in accordance with the design shall be ensured by the Developer.

(xiv) Existing trees and plantation

(i) No construction shall be allowed within a radius of 5.00 M from the circumference of an existing tree.

(ii) Plantation shall be ensured @ 125 trees per Hectare.

(xv) Distance from Natural drainage

Distance from highest flood level (HFL) along rivers, 'khuds' and 'nallahs' shall be as under:-

River = 25.00 M Khud = 10.00 M Nallah = 05.00 M2804 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (xvi) Distance from Roads Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M

(xvii) Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads. (ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision

For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture

Sloping roof shall have to be ensured in each structure.

(xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:- (i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses.

(vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc.

(ix) New townships.

(II) Building Map

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

(IV) Orientation

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/ Planner/ Engineer/ Designer/ solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation.

(c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

(X) Outer Wall Thickness

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use. (ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low/non-sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air/water collectors/Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

7.7.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

(ii) Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M

(b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm

A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance. (b) The minimum size shall be 1500 mm x 1750 mm

(c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

(ix) Refuge Area

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level.

NOTICE OF PUBLICATION OF CHAPTER-7 OF DEVELOPMENT PLAN FOR RAMPUR PLANNING AREA

Shimla, 20th August, 2011

No. /HIM/TP/PJT/AZR/Rampur/2011/Vol-I/8001-8200.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter -7 of the Development Plan for Rampur Planning Area notified vide Notification No TCP-F (6)15/95 dated 18.7.1996 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -7 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009. 2. The Assistant Town Planner, Sub-Divisional Town Planning Office, Rampur, District Shimal, Himachal Pradesh. 3. The Executive Officer, Municipal Council Rampur, District Shimla, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Assistant Town Planner, Sub-Divisional Town Planning Office, Rampur, District Shimla, Himachal Pradesh and the Executive Officer, Municipal Council Rampur, District Shimla, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

By order, Place: Shimla. Sd/- Date: Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh.

SUBSTITUTION OF CHAPTER 7 Chapter 7 of the Development Plan for Rampur Planning Area, shall be substituted as under:-

CHAPTER-7

ZONING AND SUB-DIVISION REGULATIONS

7.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi. (viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority.

(xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority.

(xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure. (xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

7.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

7.3 GENERAL REGULATIONS

The following General Regulations shall apply to all development activities in the Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority.

(iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only.

(vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977.

and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing.

(x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab / chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii)2814 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (a) The permissible area standard/norms for different parts of a building shall be as under:

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 7.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree. (xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorised.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M.

(xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

7.4 SUB-DIVISION OF LAND REGULATIONS (i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 7.1 and 7.2

(iv) The General Regulations provided under Regulation 7.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M.

same shall be increased to meet with the requirements of this Development Plan.

(ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 7.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un- obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

7.5 Simplified Regime of Regulations

The following simplified regime of regulations will be followed for all land uses.

Regulation 7.1, 7.2, 7.3 and 7.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height/storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 7.3 (xxvi).

(ii) The FAR will be 1.75. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 7.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each.

(iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. There will be no plot size restriction for plots existing before the commencement of this Development Plan.

The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as under:-

(v) Mixed Land Use will be for all areas subject to these regulations / bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence-cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 7.3 (xxii).

7.6 WATER BODIES ZONE

River Front Area

This Zone has been demarcated to comply with the Orders of the Hon'ble High Court of Himachal Pradesh and subsequent Report of the 'Expert Group' adopted by the said Hon'ble Court. The area is as under:-

(i) The land below the High Flood Level (HFL) shall be treated as river land and no construction activities of any kind except erosion checking measures shall be allowed in this belt.

(ii) Beyond the HFL, a belt of 25 M width along both banks of river Beas shall be developed exclusively as a "Green Zone" by the Department of Forest. No construction / development other than one related to soil conservation, afforestation, landscaping for tourism and public utilities such as lines of movement, water pump houses, sewerage treatment plants, solid waste management plants shall be allowed in this Zone.

(iii) Beyond 25.00 M width from HFL on both banks of river Beas, the developmental activities shall be as per provisions of this Development Plan.

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected.

Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

7.8 OTHER REGULATIONS

7.8.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/ sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

7.8.2. Information Technology Parks Regulations

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(ii) Land use structure of complex

(iii) Means of Access

(i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

(iii) Means of Access

(i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

(a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(iv) Parking Provision

The structural stability provisions shall be strictly adhered to, as enshrined in Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977.

(x) Environment and Health

(i) Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least 3 hours sun may be available for each building during winters. In case of residential structures, kitchen and services shall have to be provided along the external walls. However, if the water closets and bathrooms are not opening to the front, sides, rear and interior open spaces, these shall open to the ventilation shaft. The maximum size of ventilation shaft shall be 4.00 Sqm. with minimum 1 dimension of 1.5 M

(ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M². At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

(i) No construction shall be allowed within a radius of 5.00 M from the circumference of an existing tree.

(ii) Plantation shall be ensured @ 125 trees per Hectare.

(xv) Distance from Natural drainage

Distance from highest flood level (HFL) along rivers, 'khuds' and 'nallahs' shall be as under:-

River = 25.00 M Khud = 10.00 M Nallah = 05.00 M

(xvi) Distance from Roads

Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M

(xvii) Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads.

(ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture

Sloping roof shall have to be ensured in each structure. (xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

7.8.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:- (i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses.

(vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc.

(ix) New townships.

(II) Building Map

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

(IV) Orientation

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/Planner/Engineer/Designer/solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is mitnimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation. (c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

(X) Outer Wall Thickness

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use. (ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low / non- sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air / water collectors/ Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

7.8.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

(ii) Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture2825 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M

(b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm2826 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance. (b) The minimum size shall be 1500 mm x 1750 mm (c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

(ix) Refuge Area

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level.

_________

TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF CHAPTER-18 OF DEVELOPMENT PLAN FOR PALAMPUR PLANNING AREA

Shimla, 20th August, 2011

No. HIM/TP/PJT/AZR/Palampur/2011/Vol-I/7401-7600.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter -18 of the Development Plan for Palampur Planning Area notified vide Notification No Awas-TCP-F(5)-13/2002 dated 18.5.2005 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -18 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009. 2. The Town and Country Planner, Divisional Town Planning Office, Dharamshala, District Kangra, Himachal Pradesh. 3. The Executive Officer, Municipal Council Palampur, District Kangra, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Town and Country Planner, Divisional Town Planning Office, Dharamshala, District Kangra, Himachal Pradesh and the Executive Officer, Municipal Council Palampur, District Kangra, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

By order, Place: Shimla. Sd/- Date: Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh.

________

Annexure-A

SUBSTITUTION OF CHAPTER 18

Chapter 18 of the Development Plan for Palampur Planning Area, shall be substituted as under:-

CHAPTER-18

ZONING AND SUB-DIVISION REGULATIONS

18.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi. (viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority.

(xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority.

(xii) Demarcation Certificate from revenue authority shall be submitted.

(xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure. (xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

18.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

18.3 GENERAL REGULATIONS

The following General Regulations shall apply to all development activities in the Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority.

(iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only. (vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977.

(viii) Natural Nallahs which passes through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing.

(x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the2831 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab / chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii) (a) The permissible area standard/norms for different parts of a building shall be as under:

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 18.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree. (xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorised.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M.

(xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

18.4 SUB-DIVISION OF LAND REGULATIONS

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

provided under Regulation 18.1 and 18.2

(iv) The General Regulations provided under Regulation 18.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M. (viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan.

(ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 18.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un- obstructed rain water discharge.

5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

18.5 Simplified Regime of Regulations

The following simplified regime of regulations will be followed for all land uses. Regulation 18.1, 18.2, 18.3 and 18.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height/storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 18.3 (xxvi).

(ii) The FAR will be 1.75. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 18.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each. (iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. In Core and Restricted Areas, for plots existing prior to 22.8.2002 the minimum plot size would be 150 sqm. There will be no plot size restriction for plots existing before the commencement of this Development Plan. The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as under:-

(v) Mixed Land Use will be for all areas subject to these regulations/bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence-cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 18.3 (xxii).

18.6 Forest Areas

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected.

Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

18.7 OTHER REGULATIONS

18.7.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/ sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/ blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

18.7.2. Information Technology Parks Regulations

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(ii) Land use structure of complex

(iii) Means of Access

(i) The access to the site of IT Park area shall not be less than 12.00 M wide.

(ii) Provisions of internal roads shall be as under:-

(a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(iv) Parking Provision

Residential = @ one car space per 75 M2 floor area Commercial = @ 1.50 car space per 75 M2 floor area Office Use = @ 1.25 car space per 75 M2 floor area Hardware Manufacturing Unit = @ one car space per 60 M2 floor area. Software development/ITES = @ one car space per 40 M2 floor area.

(v) Maximum Floor Area Ratio (F.A.R.)

(i) Floor Area Ratio (F.A.R.) shall be 1.75.

(vi) Maximum Height of buildings

As per Regulation 18.3 (xxii)

(vii) Set Backs

(i) Block to Block distance shall be 2/3rd of average height of the Blocks. (ii) Distance of structures from the adjoining properties and side Set Backs shall not be less than 1/3rd of the height of the Blocks.

(iii) Minimum 3.00 Metre distance from internal roads shall have to be maintained.

(viii) Expansion Joints

The structures exceeding 45.00 M in length shall be divided by one or more expansion joints as per Structural Design calculations.

(ix) Structural Stability

The structural stability provisions shall be strictly adhered to, as enshrined in Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977.

(x) Environment and Health

(i) Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least 3 hours sun may be available for each building during winters. In case of residential structures, kitchen and services shall have to be provided along the external walls. However, if the water closets and bathrooms are not opening to the front, sides, rear and interior open spaces, these shall open to the ventilation shaft. The maximum size of ventilation shaft shall be 4.00 Sqm. with minimum 1 dimension of 1.5 M2837 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M2. At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

(ii) Adequate provision for rain water harvesting tank, @ 20 Liters per M2 of the roof top area, shall be made underground in the Parks and Open Spaces and the same shall be used for the purposes other than drinking and cooking.

(xiii) Parks and tot lots

Area under parks and tot lots shall be properly organized in regular shape and amidst the Blocks. Proper landscaping of the IT Park area in accordance with the design shall be ensured by the Developer.

(xiv) Existing trees and plantation

(i) No construction shall be allowed within a radius of 5.00 M from the circumference of an existing tree.

(ii) Plantation shall be ensured @ 125 trees per Hectare.

(xv) Distance from Natural drainage

Distance from highest flood level (HFL) along rivers, 'khuds' and 'nallahs' shall be as under:-

River = 25.00 M Khud = 10.00 M Nallah = 05.00 M2838 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (xvi) Distance from Roads Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M

(xvii) Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads.

(ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision

For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture

Sloping roof shall have to be ensured in each structure.

shall be adhered strictly.

18.7.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:- (i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses.

(vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc.

(ix) New townships.

(II) Building Map

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

(IV) Orientation

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/Planner/ Engineer/Designer/solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation.

(c) Ground embankments : Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

(X) Outer Wall Thickness

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes.

area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use. (ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low/non- sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air/water collectors/Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

18.7.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

(ii) Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M2842 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm

A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance.

(b) The minimum size shall be 1500 mm x 1750 mm (c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

(ix) Refuge Area

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level. ________

TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF CHAPTER-18 OF DEVELOPMENT PLAN FOR NAHAN PLANNING AREA

Shimla, 20th August, 2011

No. /HIM/TP/PJT/AZR/Nahan/2011/Vol-I/7201-7400.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter -18 of the Development Plan for Nahan Planning Area notified vide Notification No TCP-F (6)15/95 dated 21.3.2006 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -18 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009.

2. Town and Country Planner, Divisional Town Planning Office, Nahan, District Sirmour, Himachal Pradesh.

3. The Executive Officer, Municipal Council Nahan, District Sirmour, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Town and Country Planner, Divisional Town Planning Office, Nahan, District Sirmour, Himachal Pradesh and the Executive Officer, Municipal Council Nahan, District Sirmour, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

By order, Place: Shimla. Sd/- Date: Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh.

SUBSTITUTION OF CHAPTER 18

Chapter 18 of the Development Plan for Nahan Planning Area, shall be substituted as under:-

CHAPTER-18

ZONING AND SUB-DIVISION REGULATIONS

18.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi. (viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted2845 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority.

(xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED.

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority.

(xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure.

(xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

18.2 Map approval process.

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s).

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

18.3 GENERAL REGULATIONS :

The following General Regulations shall apply to all development activities in the Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority.

(iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs2847 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only. (vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977.

(viii) Natural Nallahs which passes through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing.

(x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan. (xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height.

(xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab / chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii)

(a) The permissible area standard/norms for different parts of a building shall be as under:

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 18.5.

(d) Openings-For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections-1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree. (xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorised.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M.

(xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

18.4 SUB-DIVISION OF LAND REGULATIONS :

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 18.1 and 18.2

(iv) The General Regulations provided under Regulation 18.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according2850 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M. (viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan.

(ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 18.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un-obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

The following simplified regime of regulations will be followed for all land uses. Regulation 18.1, 18.2, 18.3 and 18.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height/storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation18.3 (xxvi).

(ii) The FAR will be 1.75. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 18.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each. (iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. There will be no plot size restriction for plots existing before the commencement of this Development Plan.

The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as

(v) Mixed Land Use will be for all areas subject to these regulations/bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence- cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 18.3 (xxii).

18.6 Forest Areas :

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected.

Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

18.7 OTHER REGULATIONS :

18.7.1 Heritage Regulations :

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

18.7.2. Information Technology Parks Regulations :

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(ii) Land use structure of complex :

(iii) Means of Access

(i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

(a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M2. At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

(ii) Adequate provision for rain water harvesting tank, @ 20 Liters per M2 of the roof top area, shall be made underground in the Parks and Open Spaces and the same shall be used for the purposes other than drinking and cooking.

(xiii) Parks and tot lots

Area under parks and tot lots shall be properly organized in regular shape and amidst the Blocks. Proper landscaping of the IT Park area in accordance with the design shall be ensured by the Developer.

(xiv) Existing trees and plantation

(i) No construction shall be allowed within a radius of 5.00 M from the circumference of an existing tree. (ii) Plantation shall be ensured @ 125 trees per Hectare.

(xv) Distance from Natural drainage

Distance from highest flood level (HFL) along rivers, 'khuds' and nallahs' shall be as under:-

River = 25.00 M Khud = 10.00 M Nallah = 05.00 M

(xvi) Distance from Roads

Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M

(xvii) Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection2855 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads.

(ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision

For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture

Sloping roof shall have to be ensured in each structure.

(xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

18.7.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:-

(i) All the Government and Semi-Government buildings.

community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses.

(vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc.

(ix) New townships.

(II) Building Map

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required. Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

(IV) Orientation

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/ Planner/ Engineer/ Designer/ solar expert in accordance with building site, climate and space heating requirements.

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation. (c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

(X) Outer Wall Thickness

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use.

(ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low / non- sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air / water collectors/ Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

18.7.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

(ii) Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M

(b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of2859 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm

A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance. (b) The minimum size shall be 1500 mm x 1750 mm (c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level. _________

TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF CHAPTER-18 OF DEVELOPMENT PLAN FOR MANALI PLANNING AREA

Shimla, 20th August, 2011

No. /HIM/TP/PJT/AZR/Manali/2011/Vol-I/6801-7000.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter -18 of the Development Plan for Manali Planning Area notified vide Notification No. Awas-TCP-F(5)-8/2002 dated 20.6.2005 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -18 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009. 2. The Town and Country Planner, Divisional Town Planning Office, Kullu, District Kullu, Himachal Pradesh. 3. The Executive Officer, Municipal Council Manali, District Kullu, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Town and Country Planner, Divisional Town Planning Office, Kullu, District Kullu, Himachal Pradesh and the Executive Officer, Municipal Council Manali, District Kullu, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

By order, Place: Shimla. Sd/- Date: Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh.

CHAPTER-18

ZONING AND SUB-DIVISION REGULATIONS

18.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi.

(viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority.

(xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED.

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority.

(xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure. (xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

18.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

18.3 GENERAL REGULATIONS

The following General Regulations shall apply to all development activities in the Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority.

(iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only.

(vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977.

and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing.

(x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab / chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii)2865 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (a) The permissible area standard/norms for different parts of a building shall be as under:

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 18.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree.

(xxv) Reconstruction shall be permissible on old lines.

(xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorized.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M.

(xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

18.4 SUB-DIVISION OF LAND REGULATIONS

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 18.1 and 18.2

(iv) The General Regulations provided under Regulation 18.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum2867 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M. (viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan.

(ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 18.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un- obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

18.5 Simplified Regime of Regulations

The Manali Agglomeration shall be grouped in following area:- (a) Core Area (b) Restricted Area (c) River Front Area (d) Forest Area (e) Other Area2868 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (a) Core Area The Core Area shall comprise of the area as delineated below:- " Area bounded by the Mall and the Circuit House roads on west, D.P.F. Dana Bihal limit on north, the river Beas on east and present main bus stand on the south and comprising of the Manu market and Nagar Panchayat office complex".

(b) Restricted Area

The Restricted Area shall comprise of the area as delineated below:- "Bounded by Manlsu nallah on north, western boundary of D.P.F. Dana Bihal and following the Mall road and upto Nagar Panchayat, Manali limits in the south. Further on western side following Nagar Panchayat Manali limits and upto Dhungri nullah, thereafter, western limits of Khasra number 1656, 1657, 1659, 1660, 1662, 1665, 1722 (Nala), 1719 (Nala), 1710 (Path), 1787, 1783, 1782, 1781, 1749, 1950, 1955, 1940, 1933, 1919 (Nala), 1888, 1890 and 1892".

(c) River Front Area

The River Front Area shall comprise of the area as delineated at Regulation 18.6 (d) Forest Area

The Forest Area Area shall comprise of the area as delineated at Regulation 18.7 (e) Other Area

The Other Area shall comprise of all other parts of Manali Agglomeration excluding Core, Restricted, River Front and Forest Area.

The following simplified regime of regulations will be followed for all land uses. Regulation 18.1, 18.2, 18.3 and 18.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height/storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 18.3 (xxvi).

(ii) The FAR will be 1.50 in Core and Restricted Areas and 1.75 in Other Area. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 18.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each. (iv) A common minimum plot size will be 250 sqm. for Core Area and 200 sqm. for all Other Areas and for all uses. In Core and Restricted Areas, for plots existing prior to 22.8.2002 the minimum plot size would be 150 sqm. There will be no plot size restriction for plots existing before the commencement of this Development Plan.

The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as under:-

(v) Mixed Land Use will be for all areas subject to these regulations/bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence-cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 18.3 (xxii).

18.6 WATER BODIES ZONE

River Front Area

This Zone has been demarcated to comply with the Orders of the Hon'ble High Court of Himachal Pradesh and subsequent Report of the 'Expert Group' adopted by the said Hon'ble Court. The area is as under:-

(i) The land below the High Flood Level (HFL) shall be treated as river land and no construction activities of any kind except erosion checking measures shall be allowed in this belt.

(ii) Beyond the HFL, a belt of 25 M width along both banks of river Beas shall be developed exclusively as a "Green Zone" by the Department of Forest. No construction / development other than one related to soil conservation, afforestation, landscaping for tourism and public utilities such as lines of movement, water pump houses, sewerage treatment plants, solid waste management plants shall be allowed in this Zone.

(iii) Beyond 25.00 M width from HFL on both banks of river Beas, the developmental activities shall be as per provisions of this Development Plan.

18.7 Forest Areas

The Forest Area Area shall comprise of the area as delineated below:

"All three patches of thick forests within Nagar Panchayat Area namely Dhungri_R-I (12.54 Hect.), R-2 (22.26 Hect.), Dana Bihal R-3 (10.93 Hect.) and Van Vihar R-4 ( 24.68 Hect.) falling within the perview of Forest Conservation Act, 1980".

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected.

Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

18.8 OTHER REGULATIONS

18.8.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/ sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/ blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

18.8.2. Information Technology Parks Regulations

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(iii) Means of Access

(i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

(a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(iv) Parking Provision

Residential = @ one car space per 75 M2 floor area Commercial = @ 1.50 car space per 75 M2 floor area Office Use = @ 1.25 car space per 75 M2 floor area Hardware Manufacturing Unit = @ one car space per 60 M2 floor area. Software development/ITES = @ one car space per 40 M2 floor area.

(v) Maximum Floor Area Ratio (F.A.R.)

(i) Floor Area Ratio (F.A.R.) shall be 1.50 for Core and Restricted Areas and 1.75 for Other Area.

(vi) Maximum Height of buildings

As per Regulation 18.3 (xxii)

(vii) Set Backs

(i) Block to Block distance shall be 2/3rd of average height of the Blocks.

(ii) Distance of structures from the adjoining properties and side Set Backs shall not be less than 1/3rd of the height of the Blocks.

maintained.

(viii) Expansion Joints

The structures exceeding 45.00 M in length shall be divided by one or more expansion joints as per Structural Design calculations.

(ix) Structural Stability

The structural stability provisions shall be strictly adhered to, as enshrined in Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977.

(x) Environment and Health

(i) Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least 3 hours sun may be available for each building during winters. In case of residential structures, kitchen and services shall have to be provided along the external walls. However, if the water closets and bathrooms are not opening to the front, sides, rear and interior open spaces, these shall open to the ventilation shaft. The maximum size of ventilation shaft shall be 4.00 Sqm. with minimum 1 dimension of 1.5 M

(ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M2. At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

(ii) Adequate provision for rain water harvesting tank, @ 20 Liters per M2 of the roof top area, shall be made underground in the Parks and Open Spaces and the same shall be used for the purposes other than drinking and cooking.

Area under parks and tot lots shall be properly organized in regular shape and amidst the Blocks. Proper landscaping of the IT Park area in accordance with the design shall be ensured by the Developer.

(xiv) Existing trees and plantation

(i) No construction shall be allowed within a radius of 5.00 M from the circumference of an existing tree.

(ii) Plantation shall be ensured @ 125 trees per Hectare.

(xv) Distance from Natural drainage

Distance from highest flood level (HFL) along rivers, 'khuds' and 'nallahs' shall be as under:-

River = 25.00 M Khud = 10.00 M Nallah = 05.00 M

(xvi) Distance from Roads

Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M

(xvii) Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads.

(ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision

For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture

Sloping roof shall have to be ensured in each structure.

(xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

18.8.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:- (i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses.

(vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc.

(ix) New townships.

(II) Building Map

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/ Planner/ Engineer/ Designer/ solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation. (c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use. (ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low / non- sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air / water collectors/ Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

18.8.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M (b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm

(c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm

A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance. (b) The minimum size shall be 1500 mm x 1750 mm (c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

(ix) Refuge Area

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level.

_________

TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF CHAPTER-19 OF DEVELOPMENT PLAN FOR MANDI PLANNING AREA

Shimla, 20th August, 2011

No. /HIM/TP/PJT/AZR/Mandi/2011/Vol-I/7001-7200.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter -19 of the Development Plan for Mandi Planning Area notified vide Notification No TCP-F (5)-9/2004 dated 27.12.2004 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -19 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009.

2. The Town and Country Planner, Divisional Town Planning Office, Mandi, District Mandi, Himachal Pradesh. 3. The Executive Officer, Municipal Council Mandi, District Mandi, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Town and Country Planner, Divisional Town Planning Office, Mandi, District Mandi, Himachal Pradesh and the Executive Officer, Municipal Council Mandi, District Mandi, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

By order, Place: Shimla. Sd/- Date: Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh.

________

Annexure-A

SUBSTITUTION OF CHAPTER 19

Chapter 19 of the Development Plan for Mandi Planning Area, shall be substituted as under:-

CHAPTER-19

ZONING AND SUB-DIVISION REGULATIONS

19.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978.

namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi. (viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/ Patti__________ abutting National Highway/ State Highway/ Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority.

(xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -2881 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority.

(xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure.

(xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

19.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

19.3 GENERAL REGULATIONS

The following General Regulations shall apply to all development activities in the Planning Area:- (i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority.

(iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only. (vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977.

(viii) Natural Nallahs which passes through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing.

(x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab / chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii)

(a) The permissible area standard/norms for different parts of a building shall be as under:

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 19.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree. (xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other ajor roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorised.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M.

(xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

19.4 SUB-DIVISION OF LAND REGULATIONS

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 19.1 and 19.2

(iv) The General Regulations provided under Regulation 19.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M. (viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan.

(ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made2886 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, socio cultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 19.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un- obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

19.5 Simplified Regime of Regulations The following simplified regime of regulations will be followed for all land uses. Regulation 19.1, 19.2, 19.3 and 19.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height/storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 19.3 (xxvi).

(ii) The FAR will be 1.75. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 19.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each. (iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. There will be no plot size restriction for plots existing before the commencement of this Development Plan.

The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as under:-

(v) Mixed Land Use will be for all areas subject to these regulations/bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence-cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 19.3 (xxii).

19.6 WATER BODIES ZONE

River Front Area

This Zone has been demarcated to comply with the Orders of the Hon'ble High Court of Himachal Pradesh and subsequent Report of the 'Expert Group' adopted by the said Hon'ble Court. The area is as under:-

(i) The land below the High Flood Level (HFL) shall be treated as river land and no construction activities of any kind except erosion checking measures shall be allowed in this belt.

(ii) Beyond the HFL, a belt of 25 M width along both banks of river Beas shall be developed exclusively as a "Green Zone" by the Department of Forest. No construction / development other than one related to soil conservation, afforestation, landscaping for tourism and public utilities such as lines of movement, water pump houses, sewerage treatment plants, solid waste management plants shall be allowed in this Zone.

(iii) Beyond 25.00 M width from HFL on both banks of river Beas, the developmental activities shall be as per provisions of this Development Plan.

19.7 Forest Areas

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected.

Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

19.8 OTHER REGULATIONS

19.8.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/ sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/ blocks shall be maintained2888 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

19.8.2. Information Technology Parks Regulations

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(ii) Land use structure of complex

(iii) Means of Access

(i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

(a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(iv) Parking Provision

Residential = @ one car space per 75 M2 floor area Commercial = @ 1.50 car space per 75 M2 floor area Office Use = @ 1.25 car space per 75 M2 floor area Hardware Manufacturing Unit = @ one car space per 60 M2 floor area. Software development/ITES = @ one car space per 40 M2 floor area.

(v) Maximum Floor Area Ratio (F.A.R.)

(i) Floor Area Ratio (F.A.R.) shall be 1.75.

(vi) Maximum Height of buildings

As per Regulation 19.3 (xxii)2889 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (vii) Set Backs (i) Block to Block distance shall be 2/3rd of average height of the Blocks. (ii) Distance of structures from the adjoining properties and side Set Backs shall not be less than 1/3rd of the height of the Blocks.

(iii) Minimum 3.00 Metre distance from internal roads shall have to be maintained.

(viii) Expansion Joints

The structures exceeding 45.00 M in length shall be divided by one or more expansion joints as per Structural Design calculations.

(ix) Structural Stability

The structural stability provisions shall be strictly adhered to, as enshrined in Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977.

(x) Environment and Health

(i) Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least 3 hours sun may be available for each building during winters. In case of residential structures, kitchen and services shall have to be provided along the external walls. However, if the water closets and bathrooms are not opening to the front, sides, rear and interior open spaces, these shall open to the ventilation shaft. The maximum size of ventilation shaft shall be 4.00 Sqm. with minimum 1 dimension of 1.5 M

(ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M2. At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

(ii) Adequate provision for rain water harvesting tank, @ 20 Liters per M2 of the roof top area, shall be made underground in the Parks and Open Spaces and the same shall be used for the purposes other than drinking and cooking.

(xiii) Parks and tot lots

Area under parks and tot lots shall be properly organized in regular shape and amidst the Blocks. Proper landscaping of the IT Park area in accordance with the design shall be ensured by the Developer.

(xiv) Existing trees and plantation

(i) No construction shall be allowed within a radius of 5.00 M from the circumference of an existing tree.

(ii) Plantation shall be ensured @ 125 trees per Hectare.

(xv) Distance from Natural drainage

Distance from highest flood level (HFL) along rivers, 'khuds' and 'nallahs' shall be as under:- River = 25.00 M Khud = 10.00 M Nallah = 05.00 M

(xvi) Distance from Roads

Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M

(xvii) Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be2891 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads.

(ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision

For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture

Sloping roof shall have to be ensured in each structure.

(xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

19.8.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:- (i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses.

(vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc.

(ix) New townships.

(II) Building Map

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features,2892 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

(IV) Orientation

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/ Planner/ Engineer/ Designer/ solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation. (c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

(X) Outer Wall Thickness

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use. (ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low / non- sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the2894 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 roof. The solar air / water collectors/ Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

19.8.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

(ii) Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M

(b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building2895 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm

A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance. (b) The minimum size shall be 1500 mm x 1750 mm (c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

(ix) Refuge Area

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level.

________

TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF EXISTING LAND USE MAP FOR ADDITIONAL DHARAMSHALA PLANNING AREA

Shimla, the 19th August, 2011

No. HIM/TP/PJT/PA/Dharamshala/03/Vol. II/5503-5703.—Notice is hereby given that the Existing Land Use Map for Additional Dharamshala Planning Area has been prepared under sub-section (1) of Section 15 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977) and copies thereof are available for inspection during office hours in the following offices:-

1. Director, Town and Country Planning Department, Nagar Yojna Bhawan, Block No. 32-A, Vikas Nagar, Kasumpti, Shimla, Himachal Pradesh-171009.

2. The Town and Country Planner, Divisional Town Planning Office, Dharamshala, District Kangra, Himachal Pradesh.

3. The Pradhan, Gram Panchayat, Sidhpur, Tehsil Dharamshala, District Kangra, Himachal Pradesh.

If there is any objection or suggestion with respect to the Existing Land Use Map for Additional Dharamshala Planning Area so prepared, it should be sent in writing to the Director, Town and Country Planning Department, Nagar Yojna Bhawan, Block No. 32-A, Vikas Nagar, Kasumpti, Shimla, Himachal Pradesh or to the Town and Country Planner, Divisional Town Planning Office, Dharamshala, District Kangra, Himachal Pradesh or to the Pradhan, Gram Panchayat, Sidhpur, Tehsil Dharamshala, District Kangra, Himachal Pradesh within a period of thirty days from the date of publication of this Notice in the Official Gazette.

Any objection or suggestion which may be received from any person with respect to the said Existing Land Use Map, before the period specified above, will be considered by the Director, Town and Country Planning Department, Himachal Pradesh.

Place: Shimla.

Date:

Sd/-

Director,

Town and Country Planning Department,

Nagar Yojna Bhawan, Block No. 32-A,

Vikas Nagar, Kasumpti, Shimla,

Himachal Pradesh-171009.

________

TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF CHAPTER-18 OF DEVELOPMENT PLAN FOR DALHOUSIE PLANNING AREA

Shimla, 20th August, 2011

No. /HIM/TP/PJT/AZR/Dalhousie/2011/Vol-I/6201-6400.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter -18 of the Development Plan for Dalhousie Planning Area notified vide Notification No. Awas-TCP-F(5)-13/2004 dated 27.12.2004 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -18 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009.

2. The Assistant Town Planner, Sub-Divisional Town Planning Office, Chamba, District Chamba, Himachal Pradesh.

3. The Executive Officer, Municipal Council Dalhousie, District Chamba, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Assistant Town Planner, Sub-Divisional Town Planning Office, Chamba, District Chamba, Himachal Pradesh and the Executive Officer, Municipal Council Dalhousie, District Chamba, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

Place: Shimla. Date:

By order,

Sd/-

Director,

Town and Country Planning Department,

Block No. 32-A, Commercial Complex,

Kasumpati, Shimla, Himachal Pradesh.

___________

Annexure-A

SUBSTITUTION OF CHAPTER 18

Chapter 18 of the Development Plan for Dalhousie Planning Area, shall be substituted as under:-

CHAPTER-18

ZONING AND SUB-DIVISION REGULATIONS

18.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100.

(iv) The architectural drawings duly signed by the licenced and registered Architect/ Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited.

(vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi.

(viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carryingout any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled2899 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority (xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMILED.

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority (xii) Demarcation Certificate from revenue authority shall be submitted.

(xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure.

(xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

18.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

18.3 GENERAL REGULATIONS

The following General Regulations shall apply to all development activities in the Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority.

(iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only.

(vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977. (viii) Natural Nallahs which passes through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining2901 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing. (x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab / chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii) (a) The permissible area standard/norms for different parts of a building shall be as

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 18.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree.

(xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @ 20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorised.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar2903 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M.

(xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

18.4 SUB-DIVISION OF LAND REGULATIONS\

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 18.1 and 18.2

(iv) The General Regulations provided under Regulation 18.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M.

(viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan. (ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna,2904 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 18.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un-obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

18.5 Simplified Regime of Regulations

The Dalhousie Planning Area shall be grouped in following area:- (a) Restricted Area (b) Other Area

(a) Restricted Area

The Restricted Area shall comprise of the area as delineated below:-

"Starting from the meeting point of Planning Area boundry and Khajjiar road in Bakrota, then following Nagar Parishad boundryup to Ajit Singh Samadhi in Panjpulla,thereafter following a line 30 Metres on valley side parallel to the Satdhara road from Ajit Singh Samadhi to Gandhi Chowk (G.P.O.Chowk).From (G.P.O.Chowk) again following a 30 Metres line on valley side parallel to road upto Nehru Park(Dhoopghari) and further upto Planning Area boundary at Bakrota Khajjiar road" (b) Other Area

The Other Area shall comprise of all other parts of Dalhousie Planning Area excluding, Restricted Area.

The following simplified regime of regulations will be followed for all land uses. Regulation 18.1, 18.2, 18.3 and 18.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height /storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 18.3 (xxvi).

(ii) The FAR will be 1.50 for Restricted Area and 1.75 for Other Area. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 18.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each.

(iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. In Restricted Area, for plots existing prior to 22.8.2002 the minimum plot size would be 150 sqm. There will be no plot size restriction for plots existing before the commencement of this Development Plan.

The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as under:-

(v) Mixed Land Use will be for all areas subject to these regulations / bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence-cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 18.3 (xxii).

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected.

Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

18.7 OTHER REGULATIONS

18.7.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

18.7.2. Information Technology Parks Regulations

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(ii) Land use structure of complex

(i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(iv) Parking Provision

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M². At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads. (ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision

For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture

Sloping roof shall have to be ensured in each structure.

(xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

18.7.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:-

(i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses. (vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc.

(ix) New townships.

(II) Building Map

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

(IV) Orientation

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/Planner/2911 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Engineer/Designer/solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation.

(c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

(X) Outer Wall Thickness

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use.

(ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per2912 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Sqm All new buildings of above categories must complete installation of solar water heating system before putting the ame in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low/non-sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air / water collectors/ Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

18.7.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

(ii) Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M

(b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between2913 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm

A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance.

(b) The minimum size shall be 1500 mm x 1750 mm

(c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level.

________

TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF CHAPTER-7 OF DEVELOPMENT PLAN FOR DHARAMSHALA PLANNING AREA

Shimla, 20th August, 2011

No. /HIM/TP/PJT/AZR/ Dharamshala /2011/Vol-I/8601-8800. —In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter -7 of the Development Plan for Dharamshala Planning Area notified vide Notification No Awas-TCP-1-135/92 dated 15.6.1994 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -7 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009. 2. The Town and Country Planner, Divisional Town Planning Office, Dharamshala, District Kangra, Himachal Pradesh. 3. The Executive Officer, Municipal Council Dharamshala, District Kangra, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Town and Country Planner, Divisional Town Planning Office, Dharamshala, District Kangra, Himachal Pradesh and the Executive Officer, Municipal Council Dharamshala, District Kangra, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

Place: Shimla. Date:

By order,

Sd/-

Director,

Town and Country Planning Department,

Block No. 32-A, Commercial Complex,

Kasumpati, Shimla, Himachal Pradesh.

SUBSTITUTION OF CHAPTER 7

Chapter 7 of the Development Plan for Dharamshala Planning Area, shall be substituted as under:-

CHAPTER-7

ZONING AND SUB-DIVISION REGULATIONS

7.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978. (b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978. (c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/ Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi. (viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority (xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority (xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure.

(xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

7.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

7.3 GENERAL REGULATIONS

The following General Regulations shall apply to all development activities in the Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority.

(iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only.

(vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977. (viii) Natural Nallahs which passes through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing. (x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab / chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii) (a) The permissible area standard/norms for different parts of a building shall be as under:

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 7.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree.

(xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorized.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M.

(xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

7.4 SUB-DIVISION OF LAND REGULATIONS

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 7.1 and 7.2

(iv) The General Regulations provided under Regulation 7.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M.

(viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan.

(ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations7.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un-obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

7.5 Simplified Regime of Regulations

The Dharamshala Planning Area shall be grouped in following area:-

(a) Core Area

(b) Restricted Area

(c) Other Area

(a) Core Area

The Core Area shall comprise of the area as delineated below:-

Area of ward No. 3 starting form Mcleodganj Chowk towards west following the western boundary of up-mohal Mcledganj upto the sourhern tip of Mcledoganj up- mohal. Then again following the south-eastern boundary of upmohal Mcledoganj, further upto a drain recorded as Khasra No. 1686 up-mohal Mcledoganj. Thereafter2922 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 following Jogibara road and the north-western boundary of forest recorded as Khasra No. 1613 upto a drain recorded as Khasra No. 644 then following this drain upto its confluence with another drain recorded as Khasra No. 870. The boundary of core area shall further follow the drains recorded as Khasra Nos 870, 874, 876 and 904 up- stream upto Bhagsunag road (Khasra No. 272 of up-mohal Mcledoganj ). Further continuing along with road upto the point below TIPA (Tibetan Institute of Performing Arts). Then the boundary shall follow the line between Khasra No. 83 and 141 upto Dharamkot road, thereafter following the road recorded as Khasra Nos 101, 148 and 175 upto Mountaineering Institute. Then the boundary follows the steep road (Khasra No. 199) and western boundary of up-mohal Mcledoganj upto Mcledoganj Chowk.

(b) Restricted Area

The Restricted Area shall comprise of the area as delineated below:-

Starting from Delek Hospital and following as abandoned road under Khasra No. 454, 455 (of Up-mohal Dharamshala Khas) towards west upto the house of Raja Lambagaon, then following a road under Khasra No. 442 and 39 upto a bowli recorded as Khasra No. 12 of Dharamshala Khas on Cantt road. Thereafter following the Cantt road towards south upto the junction of approach road to Session House. The boundary shall further continue along this approach road to Session House and further continue along Kharadanda road upto Delek Hospital. Remaining area of ward No. 3 excluding the area as delineated under Core Area above.

(c) Other Area

The Other Area shall comprise of all other parts of Dharamshal Planning Area excluding Core and Restricted Area.

The following simplified regime of regulations will be followed for all land uses.

Regulation 7.1, 7.2, 7.3 and 7.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height/storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 7.3 (xxvi).

(ii) The FAR will be 1.50 in Core and Restricted Areas and 1.75 in Other Area. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 7.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each. (iv) A common minimum plot size will be 250 sqm. for Core Area and 200 sqm. for all Other Areas and for all uses. In Core and Restricted Areas, for plots existing prior to 22.8.2002 the minimum plot size would be 150 sqm. There will be no plot size restriction for plots existing before the commencement of this Development Plan.

The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as under:-

(v) Mixed Land Use will be for all areas subject to these regulations/bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence- cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 7.3 (xxii).

7.6 Forest Areas

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected.

Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and2924 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

7.7 OTHER REGULATIONS

7.7.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/ blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

7.7.2. Information Technology Parks Regulations

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(iii) Means of Access (i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

(a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(iv) Parking Provision

(i) Floor Area Ratio (F.A.R.) shall be 1.50 for Core and Restricted Areas and 1.75 for Other Area.

(vi) Maximum Height of buildings

As per Regulation 7.3 (xxii)

(vii) Set Backs

(i) Block to Block distance shall be 2/3rd of average height of the Blocks. (ii) Distance of structures from the adjoining properties and side Set Backs shall not be less than 1/3rd of the height of the Blocks.

(iii) Minimum 3.00 Metre distance from internal roads shall have to be maintained.

(viii) Expansion Joints The structures exceeding 45.00 M in length shall be divided by one or more expansion joints as per Structural Design calculations.

(ix) Structural Stability The structural stability provisions shall be strictly adhered to, as enshrined in Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977.

(x) Environment and Health

(i) Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least 3 hours sun may be available for each building during winters. In case of residential structures, kitchen and services shall have to be provided along the external walls. However, if the water closets and bathrooms are not opening to the front, sides, rear and interior open spaces, these shall open to the ventilation shaft. The maximum size of ventilation shaft shall be 4.00 Sqm. with minimum 1 dimension of 1.5 M

(ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M². At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

(ii) Adequate provision for rain water harvesting tank, @ 20 Liters per M² of the roof top area, shall be made underground in the Parks and Open Spaces and the same shall be used for the purposes other than drinking and cooking.

(xiii) Parks and tot lots Area under parks and tot lots shall be properly organized in regular shape and amidst the Blocks. Proper landscaping of the IT Park area in accordance with the design shall be ensured by the Developer.

(xiv) Existing trees and plantation

(i) No construction shall be allowed within a radius of 5.00 M from the circumference of an existing tree. (ii) Plantation shall be ensured @ 125 trees per Hectare.

(xv) Distance from Natural drainage

Distance from highest flood level (HFL) along rivers, 'khuds' and 'nallahs' shall be as under:-

River = 25.00 M Khud = 10.00 M Nallah = 05.00 M

(xvi) Distance from Roads

Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M

(xvii) Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads. (ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision

For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture

Sloping roof shall have to be ensured in each structure.

(xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

7.7.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:- (i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses. (vii) Industrial buildings and complexes thereof.

(viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc.

(ix) New townships.

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

(IV) Orientation

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/ Planner/ Engineer/ Designer/ solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation.

(c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

(X) Outer Wall Thickness

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use.

(ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low / non-sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air / water collectors/ Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

7.7.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

(ii) Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M

(b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm

A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance.

(b) The minimum size shall be 1500 mm x 1750 mm

(c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

(ix) Refuge Area

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installedbetween 900 and 1200 mm from the floor level.

NOTICE OF PUBLICATION OF CHAPTER-18 OF DEVELOPMENT PLAN FOR BILASPUR PLANNING AREA

Shimla, the 20th August, 2011

No. /HIM/TP/PJT/AZR/Bilaspur/2011/Vol-I/5801-6000.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter -18 of the Development Plan for Bilaspur Planning Area notified vide Notification No. TCP-F(5)-8/2004 dated 4.8.2005 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -18 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009.

2. The Assistant Town Planner, Sub-Divisional Town Planning Office, Bilaspur, District Bilaspur, Himachal Pradesh.

3. The Executive Officer, Municipal Council Bilaspur, District Bilaspur, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32- A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Assistant Town Planner, Sub-Divisional Town Planning Office, Bilaspur, District Bilaspur, Himachal Pradesh and the Executive Officer, Municipal Council Bilaspur, District Bilaspur, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

Place: Shimla. Date:

By order,

Sd/-

Director,

Town and Country Planning Department,

Block No. 32-A, Commercial Complex,

Kasumpati, Shimla, Himachal Pradesh.

SUBSTITUTION OF CHAPTER 18

Chapter 18 of the Development Plan for Bilaspur Planning Area, shall be substituted as under:-

CHAPTER-18

ZONING AND SUB-DIVISION REGULATIONS

18.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978. (b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978. (c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi. (viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority (xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority (xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure.

(xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

18.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)2935 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

18.3 GENERAL REGULATIONS

The following General Regulations shall apply to all development activities in the Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority.

(iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only.

(vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977.

maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing. (x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab / chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii) (a) The permissible area standard/norms for different parts of a building shall be as under:

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 18.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree.

(xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorized.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M.

(xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

18.4 SUB-DIVISION OF LAND REGULATIONS

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 18.1 and 18.2

(iv) The General Regulations provided under Regulation 18.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M.

(viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan.

(ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 18.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un-obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorized abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

18.5 Simplified Regime of Regulations

The following simplified regime of regulations will be followed for all land uses. Regulation 18.1, 18.2, 18.3 and 18.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height /storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 18.3 (xxvi).

(ii) The FAR will be 1.75. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 18.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each. (iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. In Core and Restricted Areas, for plots existing prior to 22.8.2002 the minimum plot size2940 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 would be 150 sqm. There will be no plot size restriction for plots existing before the commencement of this Development Plan.

The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as

(v) Mixed Land Use will be for all areas subject to these regulations/bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence- cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 18.3 (xxii).

18.6 Forest Areas

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected. Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

18.7 OTHER REGULATIONS

18.7.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/ blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(iii) Means of Access

(i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(iv) Parking Provision

be less than 1/3rd of the height of the Blocks.

(iii) Minimum 3.00 Metre distance from internal roads shall have to be maintained.

(viii) Expansion Joints

The structures exceeding 45.00 M in length shall be divided by one or more expansion joints as per Structural Design calculations.

(ix) Structural Stability

The structural stability provisions shall be strictly adhered to, as enshrined in Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977.

(x) Environment and Health (i) Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least 3 hours sun may be available for each building during winters. In case of residential structures, kitchen and services shall have to be provided along the external walls. However, if the water closets and bathrooms are not opening to the front, sides, rear and interior open spaces, these shall open to the ventilation shaft. The maximum size of ventilation shaft shall be 4.00 Sqm. with minimum 1 dimension of 1.5 M

(ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M². At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

Area under parks and tot lots shall be properly organized in regular shape and amidst the Blocks. Proper landscaping of the IT Park area in accordance with the design shall be ensured by the Developer.

(xiv) Existing trees and plantation

(i) No construction shall be allowed within a radius of 5.00 M from the circumference of an existing tree. (ii) Plantation shall be ensured @ 125 trees per Hectare.

(xv) Distance from Natural drainage

Distance from highest flood level (HFL) along rivers, 'khuds' and 'nallahs' shall be as under:-

River = 25.00 M Khud = 10.00 M Nallah = 05.00 M

(xvi) Distance from Roads

Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M

(xvii) Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads. (ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision

For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture

Sloping roof shall have to be ensured in each structure.

(xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

18.7.3 Solar Passive Building Design Regulations

(I) Scope The Solar Passive Building Design shall be required in the buildings as under:- (i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses. (vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc.

(ix) New townships.

(II) Building Map

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/Planner/ Engineer/Designer/solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation.

(c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use.

(ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low / non-sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air / water collectors/ Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

18.7.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M

(b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm

• A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. perational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance. (b) The minimum size shall be 1500 mm x 1750 mm (c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

(ix) Refuge Area

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level.

________

TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF CHAPTER-19 OF DEVELOPMENT PLAN FOR CHAMBA PLANNING AREA

Shimla, Dated 20-8-2011 No. /HIM/TP/PJT/AZR/Chamba/2011/Vol-I/6001-6200.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter -19 of the Development Plan for Chamba Planning Area notified vide Notification No. TCP-F(5)4/2005 dated 9.10.2007 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -19 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009. 2. The Assistant Town Planner, Sub-Divisional Town Planning Office, Chamba, District Chamba, Himachal Pradesh. 3. The Executive Officer, Municipal Council Chamba, District Chamba, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Assistant Town Planner, Sub-Divisional Town Planning Office, Chamba, District Chamba, Himachal Pradesh and the Executive Officer, Municipal Council Chamba District Chamba, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

Place: Shimla. Date:

By order,

Sd/-

Director,

Town and Country Planning Department,

Block No. 32-A, Commercial Complex,

Kasumpati, Shimla, Himachal Pradesh.

________

Annexure-A

SUBSTITUTION OF CHAPTER 19

Chapter 19 of the Development Plan for Chamba Planning Area, shall be substituted as under:-

CHAPTER-19

ZONING AND SUB-DIVISION REGULATIONS

19.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(c) Apart from above the applicant shall furnish the following additional documents namely: -2950 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/ Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi. (viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority (xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner2951 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority (xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure.

(xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

19.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

19.3 GENERAL REGULATIONS

The following General Regulations shall apply to all development activities in the Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority.

(iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The2952 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only.

(vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977. (viii) Natural Nallahs which passes through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing. (x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of2953 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab / chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii) (a) The permissible area standard/norms for different parts of a building shall be as

height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 19.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree.

(xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @ 20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorised.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M.

(xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

19.4 SUB-DIVISION OF LAND REGULATIONS

(i) The Sub-Division of land into plots amounts to "Development" underthe Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 19.1 and 19.2

(iv) The General Regulations provided under Regulation 19.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M.

(viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan. (ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 19.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un-obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

19.5 Simplified Regime of Regulations

The following simplified regime of regulations will be followed for all land uses. Regulation 19.1, 19.2, 19.3 and 19.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height/storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 19.3 (xxvi).

(ii) The FAR will be 1.75. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 19.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each. (iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. In Core and Restricted Areas, for plots existing prior to 22.8.2002 the minimum plot size would be 150 sqm. There will be no plot size restriction for plots existing before the commencement of this Development Plan.

The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as

(v) Mixed Land Use will be for all areas subject to these regulations/bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence- cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles,2957 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 19.3 (xxii).

19.6 WATER BODIES ZONE

River Front Area

This Zone has been demarcated to comply with the Orders of the Hon'ble High Court of Himachal Pradesh and subsequent Report of the 'Expert Group' adopted by the said Hon'ble Court. The area is as under:-

(i) The land below the High Flood Level (HFL) shall be treated as river land and no construction activities of any kind except erosion checking measures shall be allowed in this belt.

(ii) Beyond the HFL, a belt of 25 M width along both banks of river Beas shall be developed exclusively as a "Green Zone" by the Department of Forest. No construction / development other than one related to soil conservation, afforestation, landscaping for tourism and public utilities such as lines of movement, water pump houses, sewerage treatment plants, solid waste management plants shall be allowed in this Zone.

(iii) Beyond 25.00 M width from HFL on both banks of river Beas, the developmental activities shall be as per provisions of this Development Plan.

19.7 Forest Areas

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected. Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

19.8 OTHER REGULATIONS

19.8.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(ii) Land use structure of complex

(iii) Means of Access

(i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

(a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(iv) Parking Provision

be less than 1/3rd of the height of the Blocks.

(iii) Minimum 3.00 Metre distance from internal roads shall have to be maintained.

(viii) Expansion Joints

The structures exceeding 45.00 M in length shall be divided by one or more expansion joints as per Structural Design calculations.

(ix) Structural Stability

The structural stability provisions shall be strictly adhered to, as enshrined in Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977.

(x) Environment and Health

(i) Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least 3 hours sun may be available for each building during winters. In case of residential structures, kitchen and services shall have to be provided along the external walls. However, if the water closets and bathrooms are not opening to the front, sides, rear and interior open spaces, these shall open to the ventilation shaft. The maximum size of ventilation shaft shall be 4.00 Sqm. with minimum 1 dimension of 1.5 M

(ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M². At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

2960 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 (ii) Adequate provision for rain water harvesting tank, @ 20 Liters per M² of the roof top area, shall be made underground in the Parks and Open Spaces and the same shall be used for the purposes other than drinking and cooking.

(xiii) Parks and tot lots

Area under parks and tot lots shall be properly organized in regular shape and amidst the Blocks. Proper landscaping of the IT Park area in accordance with the design shall be ensured by the Developer.

(xiv) Existing trees and plantation

(i) No construction shall be allowed within a radius of 5.00 M from the circumference of an existing tree. (ii) Plantation shall be ensured @ 125 trees per Hectare.

(xv) Distance from Natural drainage

Distance from highest flood level (HFL) along rivers, 'khuds' and 'nallahs' shall be as under:-

River = 25.00 M Khud = 10.00 M Nallah = 05.00 M

(xvi) Distance from Roads

Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M

(xvii) Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads.

on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision

For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture

Sloping roof shall have to be ensured in each structure.

(xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

19.8.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:-

(i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses.

(vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc.

(ix) New townships.

(II) Building Map

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

(IV) Orientation

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/ Planner/ Engineer/ Designer/ solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation. (c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

(X) Outer Wall Thickness

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use.

(ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use. (b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low /non- sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air / water collectors/ Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

(ii) Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M

(b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance. (b) The minimum size shall be 1500 mm x 1750 mm (c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

(ix) Refuge Area

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level.

________

TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF CHAPTER-7 OF DEVELOPMENT PLAN FOR UNA PLANNING AREA

Shimla, the 20th August, 2011

No. /HIM/TP/PJT/AZR/Una/2011/Vol-I/8401-8600.—In exercise of the powers conferred nder sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter-7 of the Development Plan for Una Planning Area notified vide Notification No TCP-F (5) 7 /96 dated 23.4.1997 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -7 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009.

2. The Assistant Town Planner, Sub-Divisional Town Planning Office, Una, District Una, Himachal Pradesh.

3. The Executive Officer, Municipal Council Una, District Una, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Assistant Town Planner, Sub-Divisional Town Planning Office, Una, District Una, Himachal Pradesh and the Executive Officer, Municipal Council Una, District Una, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

Place: Shimla. Date:

By order,

Sd/-

Director,

Town and Country Planning Department,

Block No. 32-A, Commercial Complex,

Kasumpati, Shimla, Himachal Pradesh.

____________

Annexure-A

SUBSTITUTION OF CHAPTER 7

Chapter 7 of the Development Plan for Una Planning Area, shall be substituted as under:-

CHAPTER-7

ZONING AND SUB-DIVISION REGULATIONS

7.1 PROCEDURE

(a) he application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978.

(b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978. (c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership. (ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/ Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi. (viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority (xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -2968 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority (xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure.

(xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

7.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

7.3 GENERAL REGULATIONS The following General Regulations shall apply to all development activities in the Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority.

(iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only.

(vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977. (viii) Natural Nallahs which passes through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing. (x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab/chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii) (a) The permissible area standard/norms for different parts of a building shall be as under:

height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 7.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree.

(xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorised.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M.

(xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

7.4 SUB-DIVISION OF LAND REGULATIONS

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent2972 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 7.1 and 7.2

(iv) The General Regulations provided under Regulation 7.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M.

(viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan. (ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 7.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind2973 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 direction and natural flow of surface drainage to allow un-obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

7.5 Simplified Regime of Regulations

The following simplified regime of regulations will be followed for all land uses.

Regulation 7.1, 7.2, 7.3 and 7.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height/storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 7.3 (xxvi).

(ii) The FAR will be 1.75. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 7.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each. (iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. There will be no plot size restriction for plots existing before the commencement of this Development Plan. The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as under:-

(v) Mixed Land Use will be for all areas subject to these regulations/bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence- cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 7.3 (xxii).

7.6 WATER BODIES ZONE

River Front Area

This Zone has been demarcated to comply with the Orders of the Hon'ble High Court of Himachal Pradesh and subsequent Report of the 'Expert Group' adopted by the said Hon'ble Court. The area is as under:-

(i) The land below the High Flood Level (HFL) shall be treated as river land and no construction activities of any kind except erosion checking measures shall be allowed in this belt.

(ii) Beyond the HFL, a belt of 25 M width along both banks of river Beas shall be developed exclusively as a "Green Zone" by the Department of Forest. No construction/development other than one related to soil conservation, afforestation, landscaping for tourism and public utilities such as lines of movement, water pump houses, sewerage treatment plants, solid waste management plants shall be allowed in this Zone.

(iii) Beyond 25.00 M width from HFL on both banks of river Beas, the developmental activities shall be as per provisions of this Development Plan.

7.7 Forest Areas

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected. Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

7.8 OTHER REGULATIONS

7.8.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/ sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/ blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

7.8.2. Information Technology Parks Regulations

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(iii) Means of Access (i) he access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

Length Width

Up to 1000 Metres 9.00 Metres Above 1000 Metres 12.00 Metres (a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(iv) Parking Provision

residential structures, kitchen and services shall have to be provided along the external walls. However, if the water closets and bathrooms are not opening to the front, sides, rear and interior open spaces, these shall open to the ventilation shaft. The maximum size of ventilation shaft shall be 4.00 Sqm. with minimum 1 dimension of 1.5 M

(ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures (i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M². At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting (i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

(xvii) Distance from Electric Lines Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance (i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads. (ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture Sloping roof shall have to be ensured in each structure. (xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

7.8.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:- (i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses. (vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc. (ix) New townships.

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

(IV) Orientation

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/Planner/Engineer/ Designer/solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on2979 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation.

(c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

(X) Outer Wall Thickness

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use.

(ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low/non-sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air/water collectors/ Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

7.8.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

(ii) Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M

(b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) or stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be2981 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm

A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance. (b) The minimum size shall be 1500 mm x 1750 mm (c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

(ix) Refuge Area

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level.

_________

Annexure-A

TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF CHAPTER-7 OF DEVELOPMENT PLAN FOR NALAGARH PLANNING AREA

Shimla, the 20th August, 2011

No. HIM/TP/PJT/AZR/Nalagarh/2011/Vol-I/9001-9200.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning2982 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Act, 1977 (Act No. 12 of 1977), Chapter -7 of the Development Plan for Nalagarh Planning Area notified vide Notification No TCP-F (6)16/94 dated 25.9.2000 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -7 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009.

2. The Chief Executive Officer, Baddi Barotiwala Nalagarh Development Authority, Jharmajari, District. Solan.

3. The Assistant Town Planner, Sub-Divisional Town Planning Office, Parwanoo, District Solan, Himachal Pradesh.

4. The Executive Officer, Municipal Council Nalagarh, District Solan, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Chief Executive Officer, Baddi Barotiwala Nalagarh Development Authority, Jharmajari, District. Solan, the Assistant Town Planner, Sub-Divisional Town Planning Office, Parwanoo, District Solan, Himachal Pradesh and the Executive Officer, Municipal Council Nalagarh, District Solan, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

Place: Shimla. Date:

By order,

Sd/-

Director,

Town and Country Planning Department,

Block No. 32-A, Commercial Complex,

Kasumpati, Shimla, Himachal Pradesh.

Chapter 7 of the Development Plan for Nalagarh Planning Area, shall be substituted as under:-

CHAPTER-7

ZONING AND SUB-DIVISION REGULATIONS

7.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978. (b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978. (c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/ Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions

(vii) Ownership documents, i.e. latest original Jamabandi. (viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/2984 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan. Seal of the Competent Authority

(xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority (xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure.

(xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

7.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent2985 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

7.3 ENERAL REGULATIONS

The following General Regulations shall apply to all development activities in the Planning Area:-

(i) No building or other structure shall be erected, re-erected or materially altered without the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority.

(iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only.

(vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977. (viii) Natural Nallahs which passes through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing. (x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is2986 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height. (xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

(xiii) No planning permission for development shall be granted unless the road/path on which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab / chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii) (a) The permissible area standard/norms for different parts of a building shall be as under:

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 7.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree.

(xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorized.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M. (xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

7.4 SUB-DIVISION OF LAND REGULATIONS

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 7.1 and 7.2

(iv) The General Regulations provided under Regulation 7.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M.

(viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan. (ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 7.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un-obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

7.5 Simplified Regime of Regulations

The following simplified regime of regulations will be followed for all land uses.

Regulation 7.1, 7.2, 7.3 and 7.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height / storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 7.3 (xxvi).

(ii) The FAR will be 1.75. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 7.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each.

(iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. There will be no plot size restriction for plots existing before the commencement of this Development Plan.

The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as under:-

(v) Mixed Land Use will be for all areas subject to these regulations / bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence-cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 7.3 (xxii).

7.6 Forest Areas

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected. Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above.

7.7 OTHER REGULATIONS

7.7.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/ sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/ blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(ii) Land use structure of complex

(iii) Means of Access (i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

(a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(iv) Parking Provision

be less than 1/3rd of the height of the Blocks.

(iii) Minimum 3.00 Metre distance from internal roads shall have to be maintained.

(viii) Expansion Joints

The structures exceeding 45.00 M in length shall be divided by one or more expansion joints as per Structural Design calculations.

(ix) Structural Stability

The structural stability provisions shall be strictly adhered to, as enshrined in Section 31-A of the Himachal Pradesh Town and Country Planning Act, 1977.

(x) Environment and Health

(i) Proper air, light and ventilation to each dwelling unit shall have to be ensured. At least 3 hours sun may be available for each building during winters. In case of residential structures, kitchen and services shall have to be provided along the external walls. However, if the water closets and bathrooms are not opening to the front, sides, rear and interior open spaces, these shall open to the ventilation shaft. The maximum size of ventilation shaft shall be 4.00 Sqm. with minimum 1 dimension of 1.5 M

(ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M². At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 2993 (ii) Adequate provision for rain water harvesting tank, @ 20 Liters per M² of the roof top area, shall be made underground in the Parks and Open Spaces and the same shall be used for the purposes other than drinking and cooking.

(xiii) Parks and tot lots

Area under parks and tot lots shall be properly organized in regular shape and amidst the Blocks. Proper landscaping of the IT Park area in accordance with the design shall be ensured by the Developer.

(xiv) Existing trees and plantation

(i) No construction shall be allowed within a radius of 5.00 M from the circumference of an existing tree. (ii) Plantation shall be ensured @ 125 trees per Hectare.

(xv) Distance from Natural drainage

Distance from highest flood level (HFL) along rivers, 'khuds' and 'nallahs' shall be as under:-

River = 25.00 M Khud = 10.00 M Nallah = 05.00 M

(xvi) Distance from Roads

Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M (xvii) Distance from Electric Lines Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads.

(ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex. (iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision

For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

(xxii) Projection of hill architecture

Sloping roof shall have to be ensured in each structure. (xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

7.7.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:-

(i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses. (vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc.

(ix) New townships. (II) Building Map The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/ Planner/ Engineer/ Designer/ solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation.

(c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use.

(ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low / non-sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air / water collectors/ Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

7.7.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(iii) Parking Provision

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M

(b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm

(c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm

A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

(viii) Toilets

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance. (b) The minimum size shall be 1500 mm x 1750 mm (c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

(ix) Refuge Area

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level.

_____________

TOWN AND COUNTRY PLANNING DEPARTMENT HIMACHAL PRADESH

NOTICE OF PUBLICATION OF CHAPTER-11 OF DEVELOPMENT PLAN FOR SOLAN PLANNING AREA

Shimla, the 20th August, 2011

No. /HIM/TP/PJT/AZR/Solan/2011/Vol-I/8201-8400.—In exercise of the powers conferred under sub-section (1) of Section-19 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), Chapter-11 of the Development Plan for Solan Planning Area notified vide Notification No TCP-F (5)-15/2004 dated 27.12.2004 is proposed to be substituted, as per Annexure-A, which is hereby published and the Notice is given that a copy of the said proposed substituted Chapter -11 is available for inspection at the following offices during the office hours:-

1. The Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009.

2. The Town and Country Planner, Divisional Town Planning Office, Solan, District Solan, Himachal Pradesh.

3. The Executive Officer, Municipal Council Solan, District Solan, Himachal Pradesh.

This Chapter is hereby published in the Official Gazette of Himachal Pradesh for information of the general public and Notice is hereby given that the provisions of the aforesaid Chapter will be taken into consideration by the State Government.

If any person, likely to be affected by the provisions of the aforesaid Chapter has any objection or suggestion with respect to the provisions of the aforesaid Chapter, he may send the same in writing to the Director, Town and Country Planning Department, Block No. 32-A, Commercial Complex, Kasumpati, Shimla, Himachal Pradesh-171009, the Town and Country Planner, Divisional Town Planning Office, Solan, District Solan, Himachal Pradesh and the Executive Officer, Municipal Council Solan, District Solan, Himachal Pradesh within a period of 30 days from the date of publication of this Notice in the Official Gazette of Himachal Pradesh.

Objections or suggestions, if any, received within the period as specified above, shall be taken into consideration before finalizing the provisions of aforesaid Chapter.

Place: Shimla. Date:

By order,

Sd/-

Director,

Town and Country Planning Department,

Block No. 32-A, Commercial Complex,

Kasumpati, Shimla, Himachal Pradesh.

__________

Annexure-A

SUBSTITUTION OF CHAPTER 11

Chapter 11 of the Development Plan for Solan Planning Area, shall be substituted as under:-

CHAPTER-11

ZONING AND SUB-DIVISION REGULATIONS

11.1 PROCEDURE

(a) The application for development of land to be undertaken on behalf of the Union or State Government under Section 28 and under Section 29 by a Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country3000 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Planning Act, 1977 shall be accompanied by such documents as prescribed under Rule-11 of the Himachal Pradesh Town and Country Planning Rules, 1978. (b) The application for development of land to be undertaken under Section 30 by any person not being the Union or State Government, Local Authority or any Authority specially constituted under the Himachal Pradesh Town and Country Planning Act, 1977 shall be in such form alongwith the Specifications Sheet and Schedule attached with these forms and containing such documents and with such fee as prescribed under Rule 12 of the Himachal Pradesh Town and Country Planning Rules, 1978. (c) Apart from above the applicant shall furnish the following additional documents namely: -

(i) Location Plan in the Scale of 1:1000, indicating the land in question, main approach roads, important physical features of the locality/area, important public buildings like School, Hospital, Cinema, Petrol Pump etc. and surrounding ownership.

(ii) Site Plan in the scale of 1:200 indicating the proposed site, approach road, adjoining buildings, the existing drainage and sewerage showing the built up and open area clearly. Site must tally with the shape and dimensions of plot shown in the Tatima.

(iii) Three sets of plan, showing elevation and section in the scale of 1:100. (iv) The architectural drawings duly signed by the licenced and registered Architect/Planner/Engineer/Draftsman along with his/her address and Registration number.

(v) Copy of Treasury Challan Form vide which requisite fee has been deposited. (vi) Latest original Khasra Map (Tatima) showing Khasra number of land in question, adjoining Khasra numbers from all sides of plot and approach path with dimensions.

(vii) Ownership documents, i.e. latest original Jamabandi. (viii) In the Site Plan, the distance of electricity line, from development as per Indian Electricity Rules, in case any electricity line is passing over or nearby the proposed site be shown.

(ix) A certificate from the Municipal Council or Nagar Panchayat or Gram Panchayat or Development Authority or Local Authority as the case may be, shall be enclosed in support of taking over the land surrendered for development of road or path and designating it as public street shall be submitted.

(x) For the plots abutting National Highway, State Highway, Bye-Passes and other Scheduled Roads, No Objection Certificate (NOC) from the Public Works Department shall be submitted, as per the format appended below:-

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT

The Himachal Pradesh Public Works Department has no objection on carrying out any development on land bearing Khasra Number___________of revenue Village/ Mohal/Patti__________ abutting National Highway/ State Highway/Scheduled Road_________by the owner Sh./Smt.____________________resident of _________with respect to the provisions of the HP Road Side Land Control Act, 1968 in this behalf, as shown in the site plan.

Seal of the Competent Authority (xi) Applicant shall have to submit any other Certificate/documents/Plan e.g. No Objection Certificate (NOC) from the Himachal Pradesh State Pollution Control Board, Water and Electricity availability certificate from the concerned Departments, etc. as may be required by the Competent Authority. For obtaining3001 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 NOC from Himachal Pradesh State Electricity Board, the same shall be submitted as per format appended below: -

NO OBJECTION CERTIFICATE FROM HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

The Himachal Pradesh State Electricity Board has no objection on carrying out any development on land bearing Khasra Number________of revenue Village/Mohal/ Phatti _____________under the ____________________line by the owner Sh./Smt._____________ resident of _________________with respect to the provisions of the Indian Electricity Rules, 1956, in force in this behalf as shown in the site plan.

Seal of the Competent Authority (xii) Demarcation Certificate from revenue authority shall be submitted. (xiii) The structural stability certificate shall be submitted by the applicant on submission of planning permission case and at the time of completion of structure.

(xiv) Any No Objection Certificate issued by the Department shall be liable for withdrawal on breach of terms and conditions of references of the issuance of such No Objection Certificate and undertaking to this effect shall be given by the applicant.

11.2 Map approval process

(i) The empanelled Private Practitioner (s) shall be registered by the Town and Country Planning Department.

(ii) The empanelled Private Practitioner (s) shall be competent to approve maps and after certifying that maps are in accordance with the relevant regulations and also the bye laws of the Local Body if any, involved, they shall file these maps with the Competent Authority.

(iii) The Competent Authority shall have the right to review maps submitted to it and if found contrary to any of the Regulations it may take action against the concerned practitioner (s)

(iv) After construction, a certificate on a specified format from a empanelled Private Practitioner shall be sufficient for grant of Completion Certificate (CC) by the Competent Authority.

(v) The Competent Authority shall have the right to review the certificate given by it penal action in relation to such structure and against empanelled Private Practitioner(s) as per law and these regulations.

(vi) If empanelled Private Practitioner is found to have approved maps in violation of these regulations or issued wrong certificates for obtaining Completion Certificate, he shall be liable to have his registration cancelled on the recommendation of the competent authority under provisions of Para -5 of Appendix-II of the Himachal Pradesh Town and Country Planning Rules, 1978. In addition, the recommendation shall be made by the Town and Country Planning Department to respective processional institute for revoking the license of the empanelled Private Practitioner who is found in default of the prescribed norms.

11.3 GENERAL REGULATIONS

The following General Regulations shall apply to all development activities in the Planning Area:-

the permission of the Competent Authority.

(ii) Mixed land use is contemplated in the Development Plan, however a particular land use which is hazardous, contiguous in nature to predominant normal land use such as residential, commercial, cottage and house hold industries and tourism industry shall attract permission for change of land use from the Competent Authority.

(iii) No yard or plot existing at the time of coming into force of these Regulations shall be reduced in dimension or area below the minimum requirement set forth herein. The yards or plots created after the effective date of these requirements shall meet at least the minimum requirements established by these regulations. All the plots registered prior to coming into force of these Regulations shall be treated as plots irrespective of their size subject to the condition that 3.00 M wide path abutting one side of the plot will be the basic requirement. If 3.00 M wide path is not available at site and if it is less in width then the owner shall surrender the remaining land from his plot to make the path as 3.00 M wide.

(iv) Area zoned for Public and Semi-Public Use and Parks and Open Spaces shall not be built upon in any way or use etc. for any purpose other than parks, play grounds and recreations. These may, however, with the prior permission of the competent authority be permitted temporarily for a period not exceeding 30 days to be used for public entertainment purposes and shall be removed at the end of the period and shall in no case be permanently erected.

(v) The height limitations of these Regulations shall not apply to all kind of religious places e.g. Temples, Mosques, Gurudwaras, Churches, etc. provided it is so designed and approved by the Competent Authority. The chimneys, elevators, poles, tanks and other projections not used for human occupancy may extend above the prescribed height limits. The cornices and window sills may also project into any required yards.

(vi) In the public interest and in the interest of town design or any other material consideration the Competent Authority may relax minimum size of plot, set backs and floor area ratio (FAR). The decision of the Competent Authority shall be final. The change of Landuse shall be allowed by the State Government only.

(vii) The existing non-conforming uses of land and buildings, if continued after coming into force of this Development Plan, shall not be allowed in contravention of provisions of Section-26 of the Himachal Pradesh Town and Country Planning Act, 1977. (viii) Natural Nallahs which passes through land involving division shall be developed and maintained according to discharge of water.

(ix) Where it is essential to develop a plot by cutting, it shall be the responsibility of the plot owner to provide according to the engineering specifications, retaining and breast walls so that such cutting of natural profile of the land may not harm the adjoining uphill side properties. However, cutting of natural profile shall not exceed more than 3.50 M in any case having a provision of diaphragm wall for step housing. (x) Development proposal for a part of land or Khasra number shall not be considered and proposal for complete land holding shall be submitted even if planning permission is required for a part of the land holding. For rest of the land, if not proposed to be developed by the owner and also not proposed to be acquired by any Authority for any development purpose, the owner shall have to submit an undertaking in this behalf that rest of the land shall not be sub-divided and shall not be developed up to the plan period of this Development Plan.

(xi) No wall fence and hedge along any yard or plot shall exceed 1.50 M in height.

(xii) On a corner plot bounded by a vehicular road in any land use zone, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede the vision to avoid accidents and for smooth running of vehicular traffic.

which land/plot abuts is properly demarcated and developed.

(xiv) In case of existing areas, the Front and Rear set backs need not to be left and existing building line can be maintained provided further that the existing buildings are approved by the Competent Authority.

(xv) Drainage shall be regulated strictly according to natural profile of land with a view to prevent landslides, soil erosion and to maintain sanitation.

(xvi) In case of plot or land abutting existing road or path, width of the same shall be increased to meet requirements of this Development Plan by getting additional strip of land surrendered by the land owner(s) on either sides of each road or path equitably or in accordance with topography of land and feasibility. Right of ownership of use of such land, which is earmarked for path or road shall be surrendered or transferred to the Development Authority or Local authority as the case may be, by owners of the plots without any compensation for maintenance purpose. The Registering Authority shall have binding with this provision to effect all Registrations as per approved layouts from the Competent Authority. The Registering Authority shall effect transfer of mutations in the name of Government for the land surrendered for public roads, path and facilities.

(xvii) The constructions conforming to the traditional hill architecture with conical roof shall be encouraged. Sloping roof shall be mandatory with 2/3rd coverage of roof area.

(xviii) Roof slab / chhaja projection over door and window openings shall be limited upto 0.45 M over set backs on all sides.

(xix) Maximum height of plinth level shall be 2.00 M provided that no slab will be in between.

(xx) In case of petrol filling station, the layout plan/norms of the Indian Oil Corporation (IOC) shall be adopted. However, on National Highways and State Highways the front set back shall be kept as 8.00 M from acquired width of the Highway. If the rear and side set backs are not mentioned in the layout plan of IOC, the sides and rear set backs shall be 2.00 M minimum.

(xxi) No construction shall be permitted on a piece of land left with buildable width less than 5.00 M after maintaining set backs with reference to the size/area of plot.

(xxii) (a) The permissible area standard/norms for different parts of a building shall be as under:

(b) Minimum floor height shall be 2.60 Metre, however, in an attic floor ceiling height upto 2.40 Metre shall be permissible.

(c) In case of Educational, Health, Tourism Institutions and Industries, the building norms of respective competent authorities under their respective laws shall be applicable in addition to the building regulations prescribed for various areas as per regulations detailed in Regulation 11.5.

(d) Openings - For sufficient air and light, windows and ventilators provided shall have minimum area equivalent to 1/6th of floor area.

(e) Balcony Projections- 1.20 Meter wide balcony complete open at two sides with restriction of 50% of building frontage where minimum front set back is 3.00 Meter shall be permissible.

(xxiii) Provisions for parking shall be made at the rate of one equivalent car space (ECS) per dwelling unit in residential buildings and at the rate of one ECS per 50 sqm. of built up area in other non-residential buildings, on plots having access to a motor road. Any additional built up area of 20 Sqm. over and above a multiple of 50 Sqm. built up area shall require an additional Equivalent Car Space for parking.

(xxiv) No construction shall be allowed within a radius of 5.00 M from the Forest/Green belt boundary and within a radius of 2.00 M from an existing tree. The distance shall be measured from the circumference of the tree.

(xxv) Reconstruction shall be permissible on old lines. (xxvi) No construction shall be permissible above vision line i.e. 1.50 M towards the valley sides of National Highways and State Highways and other major roads to the status of National Highways or State Highways.

(xxvii) The provision for Rain Harvesting Tank shall be proposed in the plan @20 Litre per Sqm. of the roof top area.

(xxviii) Construction on sandwiched vacant plots falling within built up areas shall be permissible as per existing building line irrespective of the width of path/road abutting the site, provided existing buildings are authorised.

(xxix) The construction of cellar shall not be counted as a storey, if all the 4 walls are kept dead and below the natural ground. The minimum height of the ceiling of any cellar shall be 0.90 M and the maximum 1.20 M above the average surrounding ground level. The maximum height of Celler from the floor to the under side of the roof slab or ceiling shall be 2.40 M.

(xxx) Minimum permissible distance between two Blocks constructed on a plot shall be 5.00 M.

(xxxi) Every development proposal shall have explicit mention of muck disposal. (xxxii) No permission shall be granted in areas notified by the Archaeological Survey of India as protected monuments or areas, without prior clearance from the competent authority as prescribed for the purpose.

(xxxiii) All building plans above 15 M of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief3005 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned.

11.4 SUB-DIVISION OF LAND REGULATIONS

(i) The Sub-Division of land into plots amounts to "Development" under the Himachal Pradesh Town and Country Planning Act, 1977 as such, no person will sub-divide the land unless permitted by the Competent Authority.

(ii) Similarly, no Registrar or the Sub-Registrar will register any deed or documents of any sub-division of land, unless the sub-division of land is duly approved by the Competent Authority, as provided under Section 16 of the Himachal Pradesh Town and Country Planning Act, 1977 and the Sub-Division of Land Regulations as prescribed herein.

(iii) The application for sub-division of land shall be submitted as per the procedure provided under Regulation 11.1 and 11.2

(iv) The General Regulations provided under Regulation 11.3 shall be kept in view while permitting sub-division of land.

(v) The sub-division of land shall be permitted in accordance with natural profile/ topography as shown on the contoured map alongwith drainage of land, access, road orientation, wind direction and other environmental requirements and according to prescribed land use in the Development Plan. Natural flora and fauna shall be preserved. Unless site conditions prohibit, plots shall be permitted at right angle to the road with proper shape and dimension, so that optimum use of the land is ensured.

(vi) The development of land shall not be permitted in area where basic services like paved roads, water supply, drainage, sewerage disposal, electricity, street lighting etc. do not exists or unless the applicant undertakes that these services shall be provided at his own cost.

(vii) The minimum width of path/road abutting one side of plot shall be 3.00 M to cluster of plots not exceeding 5 in number. If number of plots exceeds 5, the minimum vehicular access shall be 5.00 M with cul-de-sac at the end and for group of plots between 10 to 20 in number i.e. 1500 to 3000 Sqm. on one particular access, the minimum vehicular access shall be 6.00 M width. In case of plot exceeding 20 in number i.e. above 3000 Sqm. the minimum width of road shall be 7.00 M.

(viii) In case of plots or land abutting the existing or proposed roads/paths, width of the same shall be increased to meet with the requirements of this Development Plan. (ix) Average slope gradient for regional roads shall have to be 1:20 However, local roads in town may be allowed with slope gradient up to 1:10 and additional width of carriageway shall be provided on curves for ensuring smooth flow of vehicular traffic, which may not obstruct view or vista.

(x) Minimum area of plot for detached house shall not be less than 200 sqm, however the plots allotted by the Government under Gandhi Kutir Yojna, Indira Awas Yojna, Economically Weaker Section (EWS) Schemes etc. shall be considered and permission accorded in relaxation of these Regulations.

(xi) Minimum area of a plot for residential development in a Group Housing Scheme shall be 0.50 Hectare.

(xii) The minimum area for open or green space in a Scheme having more than 5 plots (1000.00 Sqm) shall be 10% of the scheme area. Where a subdivision of land involving plots exceeding 10 in number (2000 Sqm.) by individual colonizer or any society is proposed, the provisions of parks or tot-lots and open spaces shall be made on a suitable location in the scheme. Such parks cannot be built upon and sold in any manner in future. Provision shall also have to be made for education, religious, sociocultural and other community facilities, based on actual requirements, in the cases3006 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 of sub-division of land involving more than 5000 Sqm. area. The ownership of such land shall be transferred/ surrendered to the Development Authority or Local Authority as the case may be, for its development and future maintenance without any compensation. Similarly, the area earmarked for roads/path shall also be transferred/ surrendered to the Development Authority or Local Authority as the case may be, without any compensation for development and maintenance as provided under General Regulations 11.3 (xvi) and necessary entry in this effect shall be made in the Revenue records.

(xiii) While carving out the plots, orientation of the plots shall be provided in such a manner, so as to be in conformity with the integration of existing plots, infrastructure, wind direction and natural flow of surface drainage to allow un-obstructed rain water discharge.

(xiv) Minimum area for septic tank and soak pit irrespective of number of plots shall be 5% of the scheme area.

(xv) Plot holder shall have choice to go for detached, semi-detached and row housing subject to the condition that on a sandwiched plot conformity to authorised abutting building shall be essential, provided that the word authorized shall not include any relaxation as a result of composition of offences and relaxations.

11.5 Simplified Regime of Regulations

The following simplified regime of regulations will be followed for all land uses. Regulation 11.1, 11.2, 11.3 and 11.4 shall be kept in view while permitting any development:

(i) Floor Area Ratio (FAR) will be the main tool to regulate development density along with specified setbacks. This will mean that building height /storeys will be regulated by permissible FAR and shall be subject to valley view regulation as provided under Regulation 11.3 (xxvi).

(ii) The FAR will be 1.75. This FAR will include attic and all basement floors above a specified maximum plinth height of 2.00 Metres. However, parking area will be as provided under Regulation 11.3 (xxiii) and shall be over and above the permissible FAR.

(iii) The front set back will be 2.50 Metre while other set backs will be 2.00 Metre each. (iv) A common minimum plot size of 200 sqm. will be for all areas and for all uses. There will be no plot size restriction for plots existing before the commencement of this Development Plan.

The minimum plot size, minimum set backs and maximum Floor Area Ratio shall be as

(v) Mixed Land Use will be for all areas subject to these regulations/bye laws of the Local Body. The permissible land uses include detached, semi-detached houses, residence- cum-work places, cottages, hostels and boarding houses, guest houses, restaurants, convenience stores, shopping centres, community halls, garages for parking vehicles, clinics and dispensaries, nursing homes, auditoriums, educational buildings (kindergarten, nurseries, primary schools, etc.) tourism based residential activities, Government offices, banks, offices of professionals such as lawyers, architects, surveyors, chartered accountants etc. shall be permitted. The rates applicable for change of land use will be as provided in Rule 12 of H.P.Town & Country Planning Rules, 1978.

(vi) The building regulations for internal space allocation in buildings for permissible uses such as shops, guest houses, professional offices, etc. shall be as provided under Regulation 11.3 (xxii).

11.6 Forest Areas

Every effort shall be made to preserve and protect the existing forest areas. While Government forests are expected to maintain their status-quo, the private forests shall also be preserved and protected. Activities promoting afforestation, wild life, picnics and tourism alone shall be permissible. Under tourism only such activities shall be allowed whereby tented, temporary, small and make shift accommodations are proposed with prior permission of the Forest Department. Felling of trees shall not be allowed for any of the activities mentioned above. 11.7 OTHER REGULATIONS

11.7.1 Heritage Regulations

In view of historical importance of the town on one hand and need for preservation of its rich cultural heritage on the other, regulatory control specially for heritage buildings/ sites, precincts etc. shall be as per Heritage Report to be prepared and got approved from the Government, separately. In Heritage Area façade of the building/ blocks shall be maintained internal changes shall be permissible in accordance with Building Bye Laws of Local Body for internal space allocation.

11.7.2. Information Technology Parks Regulations

(i) Slope

Buildings of Information Technology (IT) Park shall be allowed upto 30° slope. The infrastructural services including roads shall be developed in accordance with slope of the area.

(ii) Land use structure of complex

(iii) Means of Access

(i) The access to the site of IT Park area shall not be less than 12.00 M wide. (ii) Provisions of internal roads shall be as under:-

Length Width

Up to 1000 Metres 9.00 Metres Above 1000 Metres 12.00 Metres

(a) Walkways of more than 1.20 M widths shall have to be provided on both sides of the main internal roads.

(b) The width of roads as specified above shall be including the walkways.

(iv) Parking Provision

structures, kitchen and services shall have to be provided along the external walls. However, if the water closets and bathrooms are not opening to the front, sides, rear and interior open spaces, these shall open to the ventilation shaft. The maximum size of ventilation shaft shall be 4.00 Sqm. with minimum 1 dimension of 1.5 M (ii) The Developer shall ensure prior environmental clearance under the provisions of Environment Protection Act, 1986 from the Competent Authority, besides consent of the State Environment Protection and Pollution Control Board under the Water Act, 1974 and the Air Act, 1981.

(xi) Safety Measures

(i) In case of buildings above 15.00 M height, No Objection Certificate from the Director of Fire Services or Chief Fire Officer, as the case may be, shall be required.

(ii) The provision of stair cases shall be as per clause 8.6.2 of Part-IV of the National Building Code of India i.e. minimum two stair case for floor area of more than 500 M². At least one of the stair case shall be on external wall of the buildings and shall open directly to the exterior. Width of stair case shall not be less than 3.00 M i.e. 1.50 M in each flight.

(iii) Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for more than 3 storeys and one parking floor, it shall be mandatory requirement. The Developer shall make provision of power back up for the lift and general lighting within and outside the building at his own cost.

(iv) Provision for proper Fire Hydrants shall be made in the Complex and the layout showing position and location of the same shall be made available to the nearest Fire Office.

(xii) Potable Water Supply and Rain Water Harvesting

(i) No Objection Certificate from the Himachal Pradesh Irrigation and Public Health Department (IPH) regarding availability of adequate water supply and viability of design of rain water harvesting tank shall be furnished.

River = 25.00 M Khud = 10.00 M Nallah = 05.00 M

(xvi) Distance from Roads

Minimum distance of structures from National Highways, State Highways, Himachal Pradesh Public Works Department (PWD)'s Scheduled roads, Bye-Passes and other District roads shall be 15.00 M

(xvii) Distance from Electric Lines

Adequate distance from the electric lines as per the requirement of Himachal Pradesh State Electricity Board (HPSEB) Rules, 1956 shall be maintained. No Objection Certificate of the Competent Authority shall be required, if High Tention/ Low Tention (HT/LT) line is crossing through the Complex.

(xviii) Assessment of Power requirement

In case power requirement assessment exceeds 50 KW, proper space for installation of electric Transformer and Transmission Lines of 11 KV shall be provided in the layout plan. The proposed space is to be got verified from the concerned Officer of the HPSEB and accordingly No Objection Certificate alongwith verification at site shall have to be furnished.

(xix) Development of Infrastructure and its maintenance

(i) The Developer shall construct roads & drains, lay electric & sewerage lines and shall make provision for disposal of solid waste etc. suitable site shall be reserved for placement of dumpers. The provision of services infrastructure shall be made through a duct to be constructed on the sides of the internal roads. (ii) The Developer shall provide street light poles each at a distance of 30.00 Metre on both sides of the roads.

(iii) The provision of Community over head water reservoir shall be made in the Complex.

(iv) All the infrastructural services shall be maintained by the Developer, till such time when a Society is formed and got registered by the stakeholders and residents of the Complex or a Municipality or Nagar Panchayat or Gram Panchayat takes over the maintenance pursuits of the area.

(xx) Supervision

For supervision of development of land, the Town Planner, for design of building an Architect and for building construction, the Structural Engineer shall be competent, as per provisions of Annexure-A of part II of the National Building Code of India.

(xxi) Integration

Proper integration of the IT park area shall be ensured with the surrounding uses and infrastructural provisions like roads, drainage, sewerage etc.

Sloping roof shall have to be ensured in each structure.

(xxiii) Other Regulations and instructions as issued by the Government from time to time shall be adhered strictly.

11.7.3 Solar Passive Building Design Regulations

(I) Scope

The Solar Passive Building Design shall be required in the buildings as under:-

(i) All the Government and Semi-Government buildings. (ii) Public and Semi-Public Institutions including educational, health, community centres, banquet halls, inns and buildings of autonomous bodies.

(iii) Urban Local Bodies and Panchayati Raj Institutions. (iv) Residential buildings in urban and urbanisable areas. (v) Residential colonies and apartments. (vi) Commercial complexes and buildings related thereto including hotels, resorts, lodges and guest houses.

(vii) Industrial buildings and complexes thereof. (viii) Transport buildings such as Airport terminals, Bus terminals, Railway stations etc. (ix) New townships.

(II) Building Map

The map for the proposed building should accompany a statement giving detail of specifications of solar passive heating and cooling system, day lighting features, solar photovoltaic panels, energy efficient and other renewal Energy devices as shown in the drawing and proposed to be installed where required . Expected energy saving in the building shall also be mentioned.

(III) Site Selection

The site shall be preferably selected on southern slopes or sunny side. Availability of sun shine duration during the winter months of December to March shall also be mentioned.

(IV) Orientation

The longer axis of the building shall preferably lie along east-west directions to trap maximum solar energy during winters.

(V) Planning of Spaces

The main habitable spaces of a building may be planned and designed in such a manner, so that natural day light is available. The stair cases, garages, toilets and stores may be planned preferably on northern side. Minimum door and window openings on north side be proposed to avoid heat losses. In order to capture maximum heat in3012 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 winters, maximum glazing be proposed on southern side. Glazing in proportion to total surface area of sought wall shall not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M and not more than 70% in high altitude regions i.e. 2200 M and higher.

(VI) Integrating Solar Heating Systems in Building Designs.

(i) Passive solar heating systems like solar air heating, water heating, sun space, solar walls, space heating green houses and solar trombe wall etc. shall be integrated in the building design, wherever possible on southern side, so as to allow maximum direct solar access to these systems.

(ii) The suitability of space heating systems to be installed or incorporated in the design of a solar passive building is to be decided by the Architect/ Planner/ Engineer/ Designer/ solar expert in accordance with building site, climate and space heating requirements.

(VII) Solar Photovoltaic Panel (SPV) for lighting

Wherever possible and required, the solar photovoltaic panels shall be integrated preferably in the building design for providing light in the building, emergency lighting and street lighting, so that use of electricity is minimized.

(VIII) Solar Passive Cooling Design Features:

The ventilation and Solar Passive cooling features may be incorporated wherever required as follows:-

(a) Cross Ventilation: Windows on opposite sides of rooms shall be provided for proper circulation and ventilation of fresh and cool air in summers. Windows on Southern side shall be fixed with overhangs of adequate height and width to provide shade during the Summers.

(b) Colour and shading: The external surface of the wall shall be painted with white or light colours to reflect instant solar radiation.

(c) Ground embankments: Ground floor shall be provided with earth berming upto a height of around 1.00 M for taking the advantage of constant temperature of the earth through out the year.

(d) Outside temperature: Outside temperature may be modified by landscaping.

(IX) Reducing thermal losses:

The local building materials including stone, slate and mud shall be utilized to meet the heating and cooling requirements by storing warmth and keeping the building cool.

(X) Outer Wall Thickness

Outer walls of the building shall be made at least 0.24 M thick or with cavity with air or with insulation for thermal comfort and to avoid the transfer of heat from outer environment to inner environment and viceversa.

(XI) Installation of Solar assisted Water Heating System in Buildings

(i) The capacity of the Solar hot water system is to be determined as per the requirement of particular building. The following building plans shall be submitted alongwith provision of solar water heating system:-

(a) Hospitals and Nursing Homes. (b) Hotels, Lodges, Guest Houses, Group Housing or apartments on an area of more than 1000 Sqm

(c) Hostels of Schools, Colleges, Training centres and other institutions. (d) Barracks of Police. (e) Functional Buildings of public institutions like airports, bus stands and railway stations.

(f) Community centers, Banquet Halls and buildings for similar use. (ii) (a) New buildings should have open space on the rooftop which receives direct sun light. The load bearing capacity of the roof should at least be 50 Kg. per Sqm All new buildings of above categories must complete installation of solar water heating system before putting the same in use.

(b) Installation of solar assisted water heating systems in the existing building as given in Regulation XI (i) shall be required at the time of change of use to above said categories, provided there is a system or installation for supplying hot water.

(iii) Installation of solar assisted water heating systems shall conform to Bureau of Indian Standard (BIS) specification. The solar collectors used in the system shall have the BIS certification mark.

(iv) There shall be an automatic electric backup system in all solar water heating systems, so that the same may be functional during cloudy or low / non-sunshine days.

(v) Provision in the building design itself shall be kept for an insulated pipeline from the rooftop in the building to various distribution points where hot water or hot air is required.

(vi) The solar water heating system shall be integrated preferably in roof of the building, wherever possible, so that the panels become integral part of the roof. The solar air/water collectors/Green houses/Sunspaces on the roof for receiving maximum solar radiation shall be allowed.

11.7.4 Barrier Free Environment for the persons with disabilities Regulations.

(i) Site Planning

Every public and semi-public building shall have at least one access to main entrance/exit to disabled which shall be indicated by proper signage. This entrance shall have approach through a ramp together with stepped entry. The ramp should have a landing after 9 M run and in front of the doorway. Minimum size of landing shall be 1000x2000 mm.

(ii) Access path/walkway

Access path from plot entry and surface parking to building entrance shall be minimum of 1800 mm wide having even surface without any step. Slope if any shall not be greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to floor material whose colour texture is conspicuously different from that of the surrounding floor material or the material that emit different sound to guide visually impaired persons). Finishes shall have a non-slip surface with texture traversable by a wheel chair Curbs wherever provided should blend to common level.

(a) Surface parking for two equivalent car spaces shall have to be provided near entrance with maximum travel distance of 30 M from building entrance. Width of parking bay shall be minimum 3.60 M

(b) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

(iv) Approach to plinth level

(a) Ramp shall be provided with non-slip material to enter the building. Minimum clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top and bottom of the ramp. Length of ramps shall not exceed 9.00 Metres having 800 mm high handrail on both sides extending 300 mm beyond the ramp. Minimum gap from the adjacent wall to the handrail shall be 50 mm.

(b) For stepped approach size of tread shall not be less than 300 mm and maximum riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the stepped approach similar to the ramped approach shall be provided.

(v) Entrance Door

Minimum clear opening for the entrance door shall be 1000 mm.

(vi) Corridor connecting the entrance/exit

The corridor connecting the entrance/exit for handicapped leading directly outdoors to a place where information concerning the overall views of the specific building can be provided to visually impaired persons either by a person or signs shall be provided as follows:-

(a) Guiding floor materials shall be provided or devices that emit sound to guide visually impaired persons.

(b) The minimum width shall be 1500 mm (c) In case there is a difference of level, slope ways shall be provided with a gradient of 1:12.

(d) Handrails shall be provided for ramps/slope ways.

(vii) Lift

For the buildings with more than 15.00 M in height one lift shall be provided for the wheel chair user with the following clear dimensions:-

(i) Clear internal depth 1100 mm (ii) Clear internal width 2000 mm (iii) Entrance door width 910 mm

A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent to the control panel. The lift lobby shall be of an inside measurement of 1800mx2000 mm of more. Operational details of lift shall conform to the National Building Code of India.

One special toilet in a set of toilets shall be provided for use of handicapped with following specifications:-

(a) Provision of washbasin near the entrance. (b) The minimum size shall be 1500 mm x 1750 mm (c) Minimum clear opening of the door shall be 900 mm and the door shall be swinging/sliding type.

(d) Suitable arrangements for vertical/horizontal handrails with 50 mm clearance from wall shall be made in the toilet.

(e) The W.C. Seat shall be 500 mm from the floor.

(ix) Refuge Area

Refuge area shall have to be provided at the fire protected stair landing on each floor having doorways with clear opening width of 900 mm that can safely hold one or two wheel chairs. The alarm switch should be installed between 900 and 1200 mm from the floor level.

_______

, जिला दण्डाधिकारी जिला हमीरपुर व अदालत श्री राजेन्द्र सिंह, भाव अदालत श्री राजेन्द्र सिंह, भाव अदालत श्री राजेन्द्र सिंह, भाव अदालत श्री राजेन्द्र सिंह, भा....प्रप्रप्रप्र....सेसेसेसे...., जिला दण्डाधिकारी जिला हमीरपुर , जिला दण्डाधिकारी जिला हमीरपुर , जिला दण्डाधिकारी जिला हमीरपुर

6 के अन्तर्गत जिला हमीरपुर में पब्लिक नोटरी की नियुक्ति करने बलक नोटरी की नियुक्ति करने बलक नोटरी की नियुक्ति करने बलक नोटरी की नियुक्ति करने बारेारेारेारे पपिपिपिब्ब्ब्ब्लिक नोटरी अधिनियम, 195लक नोटरी अधिनियम, 195लक नोटरी अधिनियम, 195लक नोटरी अधिनियम, 1956 के अन्तर्गत जिला हमीरपुर में पब्ि 6 के अन्तर्गत जिला हमीरपुर में पब्ि 6 के अन्तर्गत जिला हमीरपुर में पब्ि

आम जनता को सूचित किया जाता है कि निम्नलिखित अधिवक्ताओं ने पब्लिक नोटरी की नियुक्ति हेतु इस कार्यालय में जिला सत्र न्यायाधीश हमीरपुर तथा उप मण्डल दण्डाधिकारी, भोरंज के माध्यम से आवेदन पत्र प्राप्त हुए हैं । पब्लिक नोटरी जिला हमीरपुर में नियुक्त होने हैं ।

अतः आम जनता को सूचित किया जाता है कि यदि उन्हें निम्नलिखित अधिवक्ताओं के पब्लिक नोटरी नियुक्त होने में कोई आपत्ति हो तो वह 14 दिन के भीतर अधोहस्ताक्षरी के न्यायालय में पेश कर सकता है, बाद में कोई आपत्ति नहीं सुनी जाएगी ।

1. श्री मदन लाल अधिवक्ता, हमीरपुर । 2. श्री अजय कुमार शर्मा अधिवक्ता, हमीरपुर 3. श्री प्रवीन कुमार अधिवक्ता, हमीरपुर 4. श्री सुरेन्द्र सिंह अधिवक्ता, हमीरपुर 5. श्री कर्ण देव अधिवक्ता, हमीरपुर 6. श्री विश्वजीत अधिवक्ता, हमीरपुर 7. श्री संदीपन शर्मा अधिवक्ता, नादौन 8. श्री संजीव कुमार गुलेरिया, अधिवक्ता, हमीरपुर 9. श्री पंकज भारद्धाज अधिवक्ता, हमीरपुर 10. श्री दिनेश सिह ठाकुर अधिवक्ता, हमीरपुर 11. श्री राकेश कुमार अधिवक्ता, हमीरपुर । 12. श्रीमती स्नेहलता अधिवक्ता, हमीरपुर 13. श्री सुनेय कुमार वर्मा अधिवक्ता, हमीरपुर

आज दिनांक 23.8.2011 को हमारे हस्ताक्षर व मोहर से जारी हुआ ।

राजेन्द्र सिंह, भाराजेन्द्र सिंह, भाराजेन्द्र सिंह, भाराजेन्द्र सिंह, भा....प्रप्रप्रप्र....सेसेसेसे....

जिला दण्डाधिकारी, जिला हमीरपुर ।3016 राजपत्र, हिमाचल प्रदेश, 6 सितम्बर, 2011/15 भाद्रपद, 1933 , जिला दण्डाधिकारी जिला हमीरपुर व अदालत श्री राजेन्द्र सिंह, भाव अदालत श्री राजेन्द्र सिंह, भाव अदालत श्री राजेन्द्र सिंह, भाव अदालत श्री राजेन्द्र सिंह, भा....प्रप्रप्रप्र....सेसेसेसे...., जिला दण्डाधिकारी जिला हमीरपुर , जिला दण्डाधिकारी जिला हमीरपुर , जिला दण्डाधिकारी जिला हमीरपुर

6 के अन्तर्गत जिला हमीरपुर में पब्ब्ब्ब्लिक नोटरी की नियुक्ति करने लक नोटरी की नियुक्ति करने लक नोटरी की नियुक्ति करने लक नोटरी की नियुक्ति करने बबबबारेारेारेारे पपिपिपिब्ब्ब्ब्लिक नोटरी अधिनियम, 195लक नोटरी अधिनियम, 195लक नोटरी अधिनियम, 195लक नोटरी अधिनियम, 1956 के अन्तर्गत जिला हमीरपुर में पि 6 के अन्तर्गत जिला हमीरपुर में पि 6 के अन्तर्गत जिला हमीरपुर में पि

आम जनता को सूचित किया जाता है कि श्री अनिल वर्मा अधिवक्ता ने पब्लिक नोटरी की नियुक्ति हेतु इस कार्यालय में जिला सत्र न्यायाधीश, हमीरपुर से आवेदन पत्र दिया है, पब्लिक नोटरी जिला हमीरपुर में नियुक्त होना है ।

अतः आम जनता को सूचित करें कि यदि उन्हें उपरोक्त अधिवक्ता को पब्लिक नोटरी की नियुक्ति होने में कोई एतराज हो तो वह 14 दिन के भीतर अधोहस्ताक्षरी के न्यायालय में पेश कर सकता है, बाद में कोई आपत्ति नहीं सुनी जाएगी ।

आज दिनांक 5.9.2011 को हमारे हस्ताक्षर व मोहर से जारी हुआ ।

राजेन्द्र सिंह, भाराजेन्द्र सिंह, भाराजेन्द्र सिंह, भाराजेन्द्र सिंह, भा....प्रप्रप्रप्र....सेसेसेसे....

जिला दण्डाधिकारी, जिला हमीरपुर । नियन्त्रक, मुद्रण तथा लेखन सामग्री, हिमाचल प्रदेश, शिमला-5 द्वारा मुद्रित तथा प्रकाशित