[ 117 ]

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (HOUSING)

(G.O. Ms. No. 5/2015-Hg., dated 26th February 2015)

NOTIFICATION

In exercise of the powers conferred by section 47 of the

Puducherry Town and Country Planning Act, 1969 (No. 13 of 1970),

the Lieutenant-Governor, Puducherry in consultation with the Town and

Country Planning Department, hereby makes the following amendment to

the Puducherry Building Bye-laws and Zoning Regulations, 2012

issued in the notification in G.O. Ms. No. 5/2012-Hg., dated 5-3-2012

of the Chief Secretariat (Housing) and published in the Extraordinary

Official Gazette Part-I, No. 21, dated 8th March 2012, namely :—

Registered with the Registrar

of Newspapers for India under

No. M. 8270



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II



EXTRAORDINAIRE

EXTRAORDINARY



Publiée par

Published by

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2015 } |

10 {

No. 14 Poudouchéry Mardi

Mars

2015

No.

Puducherry

Tuesday

10th

March

2015

( 19 Phalguna 1936 )

Registered No.

SSP/PY/44/2015-17

WPP No. TN/PMG(CCR)/

WPP-88/2012-14

Dated : 10-3-2015

Price : ` 6-00

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LA GAZETTE DE L'ETAT

[PART–II

1. (1) These bye-laws and regulations may be called the

Puducherry Building Bye-laws and Zoning Regulations (Amendment), 2014.

(2) The provisions of these bye-laws and zoning regulations

shall apply to the planning area declared vide :—

(i) G.O. Ms. No. 79/84/F6, dated 17th August 1984, notified

in the Gazette No. 34, dated 28th August 1984;

(ii) G.O. Ms. No. 93/85/F6, dated 8th July 1985, notified in the

Gazette No. 35, dated 30th July 1985; and

(iii) G.O. Ms. No. 68/89/F6, dated 26th July 1989, notified in

the Gazette No. 83, dated 31st July 1989 of Housing

Secretariat, Puducherry and such other areas in the

Union territory of Puducherry notified from time to time.

(3) They shall come into force on and from the date of their

publication in the official gazette.

2. Amendment of Part-II–Zoning Regulations.— In the Puducherry

Bye-laws and Zoning Regulations, 2012 (hereinafter referred to as the

said bye-laws and regulations) in Part-II - Zoning Regulations, in clause

9 relating to (A) Primary Residential for the existing Note (1) (b) the

following shall be substituted, namely:—

“(b) For the areas situated within the French precinct i.e., on the

eastern side of the Grand Canal in the Boulevard town, the maximum

permissible coverage and F.A.R. of the buildings shall be 50% and

120 respectively and the maximum height of the building on the

front façade shall be 10.50 metres, including the stilt floor if

provided. Provided an additional floor shall be permitted with a

height of 3.0 metres over and above the height of 10.50 metres,

subject to the condition that this additional floor shall be setback

from the front façade by at least 5.0 metres, so that the sightline

extension from the opposite side of the street-side pavement clears

the parapet line of the third floor, and in any case, the above

building parameters shall not exceed the one stipulated in the CRZ

notification, notified by the Government of India from time to time.”.

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3. Amendment of Annexure-II.— In the said bye-laws and zoning

regulations, in Annexure-II Regulation for Lay-out and Sub-divisions

of land, after the sub-clause 6 (a), the following shall be inserted,

namely :—

“6 (b) In cases, where the extent of the residential layout

exceeds 3,000 square metres, ten per cent (10%) of layout area

(excluding roads) shall be developed as economically weaker

section/lower income group plots. The plot area for these groups

shall not be less than 35 square metres and shall not exceed

60 square metres with a minimum plot width of 3.0 metres. The owner

or developer or promoter shall sell these plots only for this

purpose, no conversion or amalgamation is permissible in these

cases of economically weaker section plots.”.

4. Amendment of Annexure-XI.— In the said bye-laws and zoning

regulations in Annexure-XI, Special Buildings and Group Developments

under Category (A) Special Buildings, for the entries in item (2),

the following shall be substituted, namely :—

“(2) The minimum width of road on which the site abuts shall be

9.0 metres, however a building for residential use may be permitted

on a site abutting or gaining access from a 6.0 metres wide

road, except in Mahe region.

In Mahe region, the minimum width of the road on which the site

abuts shall be 4.0 metres for all uses and a minimum front

setback of 3.0 metres, shall be provided.

Note : Kalyana mandapam/Reception hall, cinema theatres and

multiplex complexes shall be permitted only along roads of width of

minimum 12.0 metres.

Explanation : The road width means average road width in

front of the plot in question and for a few metres on either side for

purposes of measurements to be taken in conjunction with the

average width of that road in general.”.

5. Amendment of Annexure-XV.— In the said bye-laws and zoning

regulations, in Annexure-XV Special rules for multi-storeyed buildings,

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[PART–II

(i) after the sub-clause (1)(c), the following shall be

inserted, namely :—

“In Mahe region, the width of access to a multi-storeyed

building and plot as well as the width of the street giving access

to the plot from the main street shall be 5.0 metres.”.

(ii) after the sub-clause (3)(d), the following shall be

inserted, namely :—

“(e) In Mahe region,

(i) A clear motorable open space of minimum 5.0 metres width

shall be provided for the building at the front side as well as at any

one of its sides contiguous to the road abutting it, so as to

facilitate fire fighting, which shall be kept free of vehicle parking

or any other erections or projections thereon other than projections

of roof or sunshade or cornices of not more than 75 cm. width.

(ii) The minimum width of open space between plot boundary

and a high rise building shall be 5.0 metres.

(iii) In case of group of buildings are to be constructed within

any plot belonging to the same owner or by different owners of

adjoining lands jointly, the area of land remaining after accounting

for the mandatory front, rear and side setbacks from the boundary

of the plot shall be considered as buildable area of the plot, where

the buildings may be constructed subject to the conditions

regarding floor area ratio, coverage, access, light and ventilation

etc. for the whole plot, distance between the various blocks within

this area shall be a minimum of 5.0 metres.

(iv) Adequate passageway and clearances required for fire

fighting vehicles to enter the premises shall be provided at the main

entrance; the width of such entrance shall be not less than

5.0 metres. If an arch or covered gate is constructed, it shall have a

clear head room of not less than 5.0 metres.”.

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6. Amendment of Annexure XIX.— In the said bye-laws and

zoning regulations, for the existing Annexure-XIX - Regulations for the

erection of High Mobile Telecommunication Towers, the following shall

be substituted :

“ANNEXURE – XIX

Regulations for installation of Mobile Telecommunication Towers

In case of erection of non-Governmental mobile telecommunication

tower/radio paging and cellular telecommunication towers, the local

Authority/Planning Authority shall grant permission for execution of the

works and the person who intends to execute the above work shall apply

in the prescribed form and such application supported by plans and

specifications in quadruplicate shall be in accordance with the guidelines

prescribed below:

1. Definition.— Telecommunication Infrastructure Tower (TIT) –

shall include ground based tower (GBT)/roof top tower (RTT)/roof top

poles (RTP)/cell phone tower (CPT), antenna fixtures, fabricated antenna,

tower to install the telephone lines and transmission towers. This will not

include the antennas installed for domestic purpose, namely television

antennas or dish antennas.

2. Applicability.— These provisions shall be applicable to all

non-Governmental telecommunication constructions in the Union

Territory and applicable to all such constructions whether completed or

not as in the case of new constructions proposed at the time of

commencement of these regulations.

3. Essentiality of permission.— No person shall erect or re-erect

any non-Governmental telecommunication tower or telecommunication

pole structures or accessory rooms or make alteration or cause the same

to be done without first obtaining a separate permit for each such tower

from the Planning Authority.

4. Site approval.— (1) No site approval shall be necessary for the

construction of telecommunication towers, telecommunication pole

structures or accessory rooms essential for such service.

(2) Telecommunication towers or pole structures or accessory

rooms shall be permitted in any zone or over any approved building roof

tops irrespective of its occupancy or on the ground or open space within

the premises subject to the other regulations.

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[PART–II

5. Application and permit.— Application shall be submitted in the

prescribed form. (Form–I of the Puducherry Building Bye-Laws and

Zoning Regulations, 2012).

Documents to be submitted by the Telecom Service Provider (TSP)

along with the application :

(i) Attested copy of the ownership documents, as the case may be,

of the property or building. In the case of applications other than

owners, legally valid written consent of the owner. Plans, elevations,

site plans, clearly showing the area of plot, details of existing

structures on the site, coverage, height, materials of construction etc.

as per the provisions of Building Bye-laws and Zoning Regulations, 2012.

(ii) Copy of relevant licence/infrastructure provider registration

certificate from Department of Telecommunications.

(iii) Data sheet.

(a) Name of Service/Infrastructure provider;

(b) Location; and

(i) Height

(ii) Weight

(iii) Ground/Roof-top

(iv) Pole/Wall mounted

(v) Number of antennae.

(iv) Copy of Standing Advisory Committee on Radio

Frequency Allocation (SACFA) clearance/copy of SACFA application for

the said location submitted to WPC wing of DoT with registration number

as WPC acknowledgment along with undertaking that in case of any

objection/rejection, TSPs/IPs will take corrective actions/remove the

tower.

(v) Copy of structural stability certificate for ground based

tower. In case of roof-top BTS towers, structural stability certificate for

the building and tower based on written approvals of any registered

Structural Engineer of the Planning Authority or any other agency

authorised by the Planning Authority. The fresh structural stability

certificate shall be insisted after every 5 years after approval at the time

of renewal of proposal in case of building more than 30 years old.

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(vi) Copy of the type test certificate issued by Automotive

Research Association of India (ARAI) to the manufacturers of the Diesel

Generator (DG) sets.

(vii) Copy of clearance from Fire Safety Department only in case

for high rise buildings where fire clearance is mandatory.

(viii) Acknowledgment receipt issued by TERM (Telecommunication

Enforcement Resources and Monitoring) Cell of DoT of the self- certificate

submitted by telecom service provider/infrastructure provider in respect

of mobile tower/BTS (ground based/roof-top/pole/wall mounted) in the

format as prescribed by DoT, establishing/certifying that all general

public areas around the tower will be within safe EMR exposure limit as

per peak traffic measurement after the antennae starts radiating.

(ix) Copy of the approved plan of the building and occupancy

certificate issued by the Planning Authority.

(x) No objection certificate from the Airport Authority of India,

Puducherry, Coastal Zone Management Authority and Archeological

Survey of India wherever required.

(xi) Indemnity bond (original) to take care of any loss or injury

due to accident caused by the tower (including a declaration to the

effect that the applicant shall take special precaution for fire safety and

lightening and he shall be solely responsible for paying all kinds of

compensation and damages and would be responsible for any civil or

criminal case arising, therefrom).

6. Renewal of permit.— The permit issued by the Planning

Authority for the installation of mobile towers shall be valid for a period

of three years from the date of issue of permit and the same shall be got

renewed for every three years.

7. Persons competent to issue structural stability certificate.—

The structural stability certificate shall be obtained from a registered

Structural Engineer Grade-I registered with the Planning Authority, or

from recognized institute like IITs, NITs and CBRI, Roorkee or from the

Engineering Colleges recognised by AICTE of a Structural Engineer

employed in Central or State Government service or Quasi-Government

organisation.

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[PART–II

8. Fees.— (a) Fee for application shall be ` 1,000.

(b) The permit fee for the installation of mobile towers in the

Union territory of Puducherry shall be ` 1,00,000 per tower and a renewal

fee of ` 35,000 per tower. This is applicable to all the existing towers and

for new towers.

and a renewal fee of ` 15,000 shall be levied for every additional antenna

which shares the same tower.

(d) An amount of ` 25,000 shall be levied for unauthorised

erection of mobile towers.

9. Scrutiny and disposal of application.— (i) The Planning

Authority shall issue or refuse the permit, not later than 30 days from the

date of receipt of application along with the plans and documents. In

case of refusal, the reasons for the same shall be clearly mentioned. And

if no permission or refusal is accorded within 30 days, the permit is

deemed to have been accorded, provided that, the said installation shall

comply all of these guidelines.

(ii) The permit issued shall be a work permit and the construction

or erection of telecommunication tower or telecommunication pole

structures or accessory rooms essential for the use of such tower or pole

structures shall be completed within one year from the date of issue of

such permit.

(iii) The period of the permit shall be extended for a further

period of one year if an application for the same is submitted to the

Planning Authority, within the valid period of then permit duly paying

25% of the prescribed fee and charges and in the prescribed application

form duly attaching the original permit.

10. Setback.— Minimum setback from the plot boundary abutting

the road to the base of the tower shall be 3.00 metres, irrespective of the

setback of the existing building if any from the plot boundary and other

setbacks from the boundaries of the plots to the base of the

telecommunication tower or pole structure or accessory room

shall be 1.2 metres.

Note : No telecom tower shall project beyond the existing building

line of the building on which it is erected in any direction.

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11. Sharing of sites.— The telecom operators may share the towers

for fixing their respective antennas. The same are however, required to

adhere to the prescribed technical requirements, so as to curtail

multiplicity of towers as well as to optimize the use of the existing ones.

12. F.A.R. and height.— Provisions regarding coverage, F.A.R. and

height contained in the Puducherry Building Bye-Laws and Zoning

Regulations are not applicable in the case of telecommunication towers

and ancillary cabins whether constructed on the ground or on an

existing building or structure. An ancillary cabin constructed over a

building shall not be reckoned as a floor or reckoned for the height of

the building. Ancillary cabin for this purpose shall mean the minimum

protection of whatever material constructed for the equipments

necessary for the telecommunication tower not exceeding 15 sq.m. in area.

13. Protective wall.— (i) Any tower erected on earth or to which

electric power is transmitted shall be provided with a protective wall or

grill at a distance of one metre from any point of the base.

(ii) The wall or grill shall have a minimum of 1.20 metres height

and if provided with door which shall be kept under lock and key, if

provided with door.

14. Protection against lightning.— Any telecommunication tower

shall be provided with sufficient lightning protection and it shall

conform to Indian Standard I.S. 2303-1969 Code of Practice as amended

from time to time for protection of buildings and other structures against

lightning.

15. Other restrictions.— (i) Erection of TIT shall not be allowed

within a radius of 100 metres, from the boundary of the premises of

school and hospital buildings or any other prescribed buildings by the

government from time to time. The existing mobile antenna approved

earlier on school and hospital buildings shall not be renewed further after

expiry of period of approval and the same shall be removed immediately.

(ii) The distance of tower from the electric line of pole or tower

thereof shall not be less than height of tower plus requisite safety

distance from respective high tension or low tension line i.e. a minimum

safety distance (both vertical and horizontal) of 3 metres shall be

maintained between the building/TIT and the high tension electricity

lines and 1.5 metres shall be maintained between the building/TIT and

the low tension electricity lines or as prescribed by the Electricity

Department, Puducherry from time to time.

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[PART–II

(iii) In case of sites located within the distance up to 100 metres

from the protected monuments as notified under the Archeological

Monuments and Ancient Sites and Remain Act, 1955 and as amended no

building/TIT is allowed. For the sites located within distance of above

100 metres and up to 200 metres from the protected monuments, the

construction/TIT is allowed only after obtaining prior permission from

the Archeological Survey of India.

(iv) The base station antennas should be avoided in narrow

lanes than or equal to 5.0 metres.

(v) There will be only one tower allowed on one building/wing

of the building.

(vi) In case of both ground based towers and roof-top covers,

there shall be no building right in front of the antenna(e), of equivalent

height taking into account, the tilt of the lowest antenna on tower as per

details in the Table below. Further, the antennae at the same height only

are to be counted, as the beam width of the mobile antenna in the

vertical direction is very narrow.

TABLE

Number of antenna(e) pointed

Building/Structure safe

in the same direction

distance from the antenna(e)

at the same height (in metres)

(vii) Wherever the antennae are mounted on the wall of building

or pole on /along the road, their height should be at least 5.0 metres

above ground/road level. However, such installations will have to comply

with the radiation limits.

(viii) As far as safe distance of building from antenna is

concerned, regulations as given above will apply.

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(ix) The operator shall display on board at conspicuous space

of the building at ground floor, the followings :

(a) Operator’s name and address.

(b) Contact person, name, address and telephone number.

telephone number.

(d) Other important information, if any.

(e) Details of the insurance policy.

(f) Police control room :

100

(g) Fire control room

101

(h) Ambulance

102

(x) The "warning sign" should discourage linger stay in the

zone, even for the maintenance personnel. The sign board may contain

the following text:

(i) Danger ! RF radiation, Do not enter.

(ii) Restricted area.

(xi) Access to base station antenna sites should be prohibited

for general public by suitable means such as wire fencing, locking of the

door to the roof etc. access to tower sites, even for the maintenance

personnel, should be for minimum period as far as possible.

16. Redressal of public grievances.— In order to effectively

address the public grievances relating to installation of towers and

issues related to telecom infrastructure, Government may set up,—

(1) State level telecom committee (STC) consisting of officers

from TERM cells, State Administration, representative(s) of concerned

telecom service provider(s) and eminent public persons, etc.

(2) District level telecom committee (DTC) consisting of officers

from district administration, representative(s) of concerned telecom

service provider(s) and eminent public persons etc.

17. Damage and liability.— The applicant and the Structural

Engineer concerned, shall be responsible for the structural stability of

the structure and building and they shall be jointly and severally liable

for any damage caused to life and property on account of structural

failure of the tower and building, shall also be liable for any damage

caused due to inadequate safety measures.

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[PART–II

18. If the land, where the tower is proposed to be constructed on

the ground, is included in any published Town Planning Scheme in which

the existing road is envisaged to be widened, the proposed tower shall

have adequate setback for road widening and further minimum setback

of 3.0 metres.

19. Towers shall be permitted only over authorised structures/

buildings and if the existing building was permitted with certain

conditions, the same stipulated conditions shall also be applicable to the

towers constructed over those buildings.

20. If the tower is proposed over an existing building permitted in

relaxation of regulations, the proposed construction of tower and

ancillary structures shall not further violate building regulations for the

existing building, such constructions shall also not obstruct or block the

existing entry and exit openings of the existing building.

21. The applicant shall also undertake that the provision of mobile

tower antennas shall be incompatible with the guidelines from the DoT,

if at any stage, it has been brought to the notice of the Government/

Planning Authority, by Telecommunication Enforcement Resources and

Monitoring (TERM) Cell of Department of Telecommunication regarding

any incompatibility in the same, the mobile tower/ antenna will liable to

be removed. It shall be obligatory on part of the service provider that

they shall follow the guidelines from DoT or amendment thereof in future.

22. Penalty.— Operator/Service provider/Infrastructure provider

who violates any provisions of these rules shall be liable to be punished

with fine up to ` 25,000 (Rupees twenty-five thousand) and his

communication tower shall be sealed, seized and operator/providers may

also be asked to remove the tower/antenna within a time frame of one

month.

(a) However, the planning authorities may pass such order of

fine, sealing, seizure or removal shall give notice to the operator/service

provider/infrastructure provider to this intention and provide reasonable

opportunity to the operator to be heard.

(b) After hearing the operator/service provider/infrastructure

provider the Member-Secretary shall pass necessary orders regarding

fine, sealing, seizure and removal.

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LA GAZETTE DE L'ETAT

antenna the Planning Authority will get the tower/antenna removed and

the cost of such removal will be realised from the operator, by way of

taxes.

The above guidelines shall be applicable for all new installations

after these rules come into effect. For regularisation of existing towers,

same conditions/procedure for the application and documentation shall

be required, as those are required for permission of new mobile towers.

However, approval to such existing towers shall be granted by the

competent authority, only subject to the conditions of fulfillment of all

norms of the policy and applicable fees and all other technical matters

relating the erection of mobile towers will be governed by the guidelines

of DoT published from time to time.”.

7. Amendment of Annexure-XX.— In the said bye-laws and zoning

regulations, in Annexure XX, Penal action for violation of provisions of

Development Code of Master Plan, Building Bye-Laws and Zoning

Regulations for the existing sub-clause (AA) (i) and (iii), the following

shall be substituted, namely :—

“(A.A) Compounding Excess Coverage/FAR :

(i) Deviations in the coverage/FAR to the extent of 10% of the

permissible coverage/FAR in building(s) use premises, other than

building(s) use where 100% ground coverage and fixed height is

allowed as per architectural control forming part of comprehensive

schemes like District Centre, Community Centres, Cluster Court

Housing, etc., may be compounded after levying penalty at the

following rates :

Rates of excess coverage/Floor area :

Up to 10% of excess coverage/FAR a one time compounding fee

equivalent to 12% of the land rated in the concerned locality

applicable at the time of application for compounding.

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[PART–II

(iii) Compounding at setback infringements:-

The infringements of the front setbacks maximum to the extent of

30 cm. (1 feet) may be compounded by way of levying compounding fee

at the following rates :

Infringements

Residential

Non-residential

buildings

Up to 15 cms. (6 inch)

` 1,000 per sq.m.

` 2,500 per sq.m.

of area infringing

the setback.

Above 15 cms. (6 inch)

` 2,000 per sq.m.

` 5,000 per sq.m.

of area infringing

the setback

the setback.

The infringements of the rear and side setbacks may be compounded

by way of levying compounding fee at the above rates.”.

E. RAJESWARI,

Under Secretary to Government (Housing).

————

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Puducherry-9.