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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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30 {

No. 55

Poudouchéry

Vendredi

Septembre

2022

No.

Puducherry

Friday

30th

September

2022

(8 Asvina 1944)

Registered No.

PY/44/2021-23

GOVERNMENT OF PUDUCHERRY

LAW DEPARTMENT

No. 154/Leg/2022-LD.

Puducherry, dated 30th September 2022.

The following Act of the Legislative Assembly, Puducherry, received

the assent of the Lieutenant-Governor, Puducherry, on the 23rd day of

September, 2022 and is hereby published for general information.

JHANAZ RAFFI @ JHANSI,

Under Secretary to Government (Law).

998

LA GAZETTE DE L'ETAT

[PART–II

THE PUDUCHERRY TOWN AND

COUNTRY PLANNING

(AMENDMENT) ACT, 2022

(Act No. 6 of 2022)

(23-09-2022)

A N

ACT

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.

999

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.

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LA GAZETTE DE L'ETAT

[PART–II

(6) Regulations for amendment of development

plans and change of land use shall be framed with the

approval of the Government.

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.

Amendment of

section 46.

1001

PART–II]

LA GAZETTE DE L'ETAT

Government/Local

Bodies

property

belonging

public

undertakings

Puducherry Housing Board, Puducherry

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.

1002

LA GAZETTE DE L'ETAT

[PART–II

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

Published by the Director, Government Press, Puducherry.

(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.

————