[ 925 ]

GOVERNMENT OF PUDUCHERRY

LEGISLATIVE ASSEMBLY

No. XV PLA-3/LAS/REF/R.1/2022(3rd Session-Part-II).

Puducherry, the 29th August 2022.

Under rule 140 of Rules of Procedure and Conduct of Business

of the Puducherry Legislative Assembly, the following Bill viz.,

(i) The Puducherry Town and Country Planning (Amendment) Bill,

2022 (Bill No. 7/2022).

which was introduced in the Legislative Assembly on 29th August, 2022,

is published for general information.

R. MOUNISSAMY,

Secretary.

Registered with the Registrar

of Newspapers for India under

No. 10410

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29 {

No. 46

Poudouchéry

Lundi

Août

2022

No.

Puducherry

Monday

29th

August

2022

(7 Bhadra 1944)

Registered No.

PY/44/2021-23

926

LA GAZETTE DE L'ETAT

[PART–II

THE PUDUCHERRY TOWN AND

COUNTRY PLANNING

(AMENDMENT) BILL, 2022

(Bill No. 7/2022)

BILL

further to amend the Puducherry Town and Country

Planning Act, 1969.

BE it enacted by the Legislative Assembly of

Puducherry in the Seventy-third Year of the Republic

of India as follows :—

1. (1) This Act may be called the Puducherry

Town and Country Planning (Amendment) Act, 2022.

(2) It shall extend to the whole of the Union

territory of Puducherry.

(3) It shall come into force on such date as the

Government may, by notification in the Official Gazette,

appoint.

2. In the Puducherry Town and Country Planning

Act, 1969 (hereinafter referred to as the principal Act)

for the existing words “Development Charges”,

wherever it exists, the words “Permit Charges” shall be

substituted.

3. In the principal Act, for the existing words

“Land Acquisition Act, 1894 (Central Act 1 of 1894)”,

wherever it exists, the words “The Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (Central Act

30 of 2013)”, shall be substituted.

4. (i) In the principal Act, in section 34, for the

existing sub-section (2), the following shall be

substituted, namely:-

(2) The provisions of sub-section (2) of section

30 and sections 31, 32 and 33 with such modifications

as may be necessary shall apply for review of such

development plan after every five years.

S h o r t

t i t l e ,

e x t e n t

a n d

commencement.

Substitution in

the Act.

Amendment of

section 34.

927

PART–II]

LA GAZETTE DE L'ETAT

(ii) In the said section, after the existing

sub-section (2), the following shall be inserted, namely:-

“34 A. Change of Land use in the Development

Plans: (1) The Government may suo moto or on a

reference from the Planning Authority, make such

modifications to the sanctioned development plan, as

it thinks fit and which in its opinion are necessary, as

prescribed.

(2) Before making any modifications in the

development plans, the Planning Authority with the

approval of the Board shall publish a notice in the

Official Gazette inviting objections or suggestions from

the public in writing within 15 days from the date of

publication of the notice in the Official Gazette.

(3) After the expiry of the period mentioned in

sub-section (2), the objections or suggestions shall be

considered by a Committee consisting of the Chief

Town Planner and two Members of the Planning

Authority and submit a report to the Planning

Authority within 15 days from the last date of filing of

objections or suggestions.

(4) After the report is received, the final

modification made under the provisions of this section

shall be published in the Official Gazette with the

approval of the Government within 45 days from the

date of receipt of the report and the final modifications

shall come into operation from the date of publication

of such notification.

(5) The Planning Authority shall levy such

fees and charges as may be prescribed in the regulations

for any such modification effected to the sanctioned

development plan from the land owners at whose

instance the modifications are effected or who will have

the advantage due to such modifications. These charges

shall take into account, the benefits that accrue to the

land owners from the change and shall seek to capture

some share of the increased land value.

(6) Regulations for amendment of Development

Plans and Change of Land Use shall be framed with the

approval of the Government.

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LA GAZETTE DE L'ETAT

[PART–II

5. In the principal Act, after section 46, the

following shall be inserted, namely:-

46-A

Regulation

and

penalisation

unauthorised developments, unauthorised buildings

and buildings constructed in deviation to the

sanctioned plan: (1) (a) Notwithstanding anything

contained in the Act or in any other law for the time

being in force, the Government may by notification frame

a scheme to regulate and penalise any development or

construction of buildings, made, unauthorisedly or in

deviation to the sanctioned plan, as a one time

measure; and

(b) By levying such pecuniary amount as

may be prescribed and upon such penalisation,

pending or contemplated proceedings and

action of enforcement shall be deemed to have

been withdrawn and the Planning Authority

shall issue necessary Occupancy Certificate to

the owner or the individual as the case may be.

inviting claims and objections.

(2) Application

for

regulation

under

sub-section(1) shall be submitted within such time and

in such manner as prescribed.

(3) The provisions in sub-section (1) shall not

apply to-

(a) Any application made by any person

who does not have any right over the land or

building referred to in sub-section (1).

(b) The

buildings

constructed

and

completed before April 1987 and after

31-12-2021.

Government/Local

Bodies

property

belonging

Public

undertakings

Puducherry Housing Board, Puducherry

Amendment of

section 46.

929

PART–II]

LA GAZETTE DE L'ETAT

Industrial

Promotion

and

Development

Investment Corporation, Puducherry Urban

Development Agency, Endowments, Work

Board or any other public undertaking or

Society controlled and funded by the

Government.

(d) Lands declared as Surplus under the

Pondicherrry Land Reforms Act,1973/Urban

Land (Ceiling and Regulation) Act, 1976/Lands

acquired under the Right to Fair Compensation

and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013

(Central Act 30 of 2013);

(e) Encroachments or developments on Tank

bed and lake, canal bund lands, river course/

drain/canals or any water body;

(f) Prohibited buildings under the Coastal

Regulation Zone/Archaeological Survey of India

and such other environmentally restricted

Zones as prescribed in the respective

regulations;

(g) Layout/Master Plan open spaces/areas

earmarked for Recreation Use in Master Plan/

Comprehensive Development Plan;

(h) Buildings affected under alignment of

any proposed road under Master Plan/

Comprehensive

Development

Plan/Road

Development Plan or any public roads/foot

path/public pathways.

(i) Building constructions that compromises

on structural safety of the building.

(4) Any person aggrieved by any order passed

under sub-section (1) by any officer or authority may

prefer an appeal to a Committee constituted by the

Government, within thirty days from the date of receipt

of the order.

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LA GAZETTE DE L'ETAT

[PART–II

STATEMENT OF OBJECTS AND REASONS

1. In order to avoid confusion created due to collection of

charges in the name of development charges by different

agencies from the same person who undertakes the development

works, it is proposed to substitute Development Charges

as Permit Charges.

2. The Land Acquisition Act,1994 (Central Act 1 of 1894) has

been repealed and “The Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement

Act, 2013 (Central Act 30 of 2013) has been enacted.

Therefore, it is proposed to amend the Act.

3. Simplification of land use conversion is one of the Business

Reform Action Plan for Ease of Doing Business. The land

use conversion process has to be simplified to reduce the

timeline and to promote business activities in the territory.

4. The need for controlling and regulating unauthorised developments

throughout the Union territory of Puducherry has been felt

and was the concern of the Government for some time.

The Town and Country Planning Board whose functions

are to advise the Government in matters relating to Town

Planning has suggested for issue of amendments to the

Puducherry Town and Country Planning Act,1969 for

regularisation of unauthorised constructions for providing

solution to the unauthorised constructions.

5. The Bill seeks to achieve the above objects.

N. RANGASAMY,

Chief Minister.

————

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FINANCIAL MEMORANDUM

This Bill need to substitute the words Development charges

as Permit Charges i.e., to rename Development Charge as Permit

Charge and no expenditure is involved.

2. Clause 3 of the Bill provides for Substitution of Land

Acquisition Act,1894 (Central Act 1 of 1894) as The Right to

Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act,2013 (Central Act 30 of 2013).

3. Clauses 4 of the Bill Provides for incorporating the

provisions for land use conversion to simplify the procedure

for land user conversion in the Development Plans and to make

the process transparent.

4. Clause 5 of the Bill provides for regulation and penalisation

of unauthorised developments, buildings and buildings constructed

in deviation to the sanctioned plan by levying penalisation charges.

5. Thus, no additional expenditure is expected to be incurred

from the exchequer of the Government of Puducherry. However,

a revenue of ` 235 cores is expected.

————

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LA GAZETTE DE L'ETAT

[PART–II

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clauses 4 of the Bill empowers the Government to make

regulations for amendment of development plans and change of

land use. Clause 5 of the Bill empower the Government to

frame Scheme for regulation of developments, buildings and

buildings constructed unauthorisedly and in deviation to the

sanctioned plans. The matters in respect of which Scheme shall

be make are matters procedure or detail in nature.

2. The powers delegated are normal and not of an exceptional

character.

————

online publication at “https://styandptg.py.gov.in”

Published by the Director, Government Press, Puducherry.