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Puducherry Gazette · Government of Puducherry

Puducherry Ease of Doing Business [Service Delivery] Act, 2025”.

Published 22 September 2025

Department
LEGISLATIVE ASSEMBLY SECRETARIAT
Type
Extraordinary
Gazette no.
74
Part
II
Category
BILL
Identifier
in.gazette.puducherry.2025-09-22.extraordinary-ii-issue-74
Languages
English, Tamil, French
Published at
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No. 10410



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

➢ EXTRAORDINAIRE EXTRAORDINARY

➢ Publiée par Published by

➢ Autorité Authority

▪   2025 } ➢| 22 { No. 74 Poudouchéry Lundi 2 2 Septembre 2025 No. Puducherry Monday 22nd September 2025

(31 Bhadra 1947)

GOVERNMENT OF PUDUCHERRY

LEGISLATIVE ASSEMBLY SECRETARIAT

No. XV-PLA-6/LAS/REF/2025.

Puducherry, dated 18th September 2025.

In pursuance of rule 140 of the Rules of Procedure and Conduct of Business of the Puducherry Legislature Assembly, 1966, the following Bills viz.,

1. The Puducherry Ease of Doing Business (Service Delivery)

Bill, 2025 (Bill No. 5 of 2025);

2. The Puducherry Goods and Services Tax (Second Amendment)

Bill, 2025 (Bill No. 6 of 2025);

3. The Puducherry Municipalities (Amendment) Bill, 2025 (Bill No. 7

of 2025);

4. The Puducherry Village and Commune Panchayats (Amendment)

Bill, 2025 (Bill No. 8 of 2025); and

5. The Puducherry Town and Country Planning (Amendme nt)

Bill, 2025 (Bill No. 9 of 2025);

were introduced and passed in the Legislative Assembly on the 18th September, 2025, are hereby published for general information.

J. DAYALANE, Secretary.

[ 1031 ] 1032 LA GAZETTE DE L'ETAT [PART–II

THE PUDUCHERRY EASE OF DOING BUSINESS (SERVICE DELIVERY) BILL, 2025 (Bill No. 5 of 2025)

A

BILL

to provide for speedy, transparent, efficient and time bound delivery of services by way of processing the application and issue of various clearances required to be issued by various Competent Authority or Authorities of the Government of Puducherry under various enactments for establishing an Industrial or service or business undertakings including renewals in time bound manner for the promotion of economic development and for an investment friendly environment in the Union territory of Puducherry and for matters connected therewith or incidental thereto.

BE it enacted by the Legislative Assembly of Puducherry in the Seventy-sixth Year of the Republic of India as follows :—

S h o r t t i t l e , e x t e n t a n d commencement.

1. (1) This Act may be called the "Puducherry Ease of Doing Business [Service Delivery] Act, 2025".

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

territory of Puducherry.

(3) It shall come into force at once.

Definitions.

2. In this Act, unless the context otherwise

requires,-

(a) "Appellate Authority" means, the authority referred to under section 9;

(b) "Applicant" means, a person duly authorized by an enterprise to file an application on behalf of the enterprise through online or in person and the word "Application" shall be construed accordingly;

1033

PART–II] LA GAZETTE DE L'ETAT

(c) "Checklist" means, list of documents /

evidences to be furnished by the

applicant along with the Application Form

as may be prescribed;

(d) "Clearances" means, grant or issue of

no-objection certificates, allotments,

consents, approvals, permissions,

registrations, enrolments, licences and the

like ones, by any Competent Authority or

Authorities in connection with the setting

up of an enterprise or expansion of an

existing enterprise in the Union territory

of Puducherry and shall include all such

approvals essentially required, till the

enterprise starts commercial production

and includes periodic renewals that may

inevitably be required for such

clearances;

(e) "Competent Authority" means, Head of

any Department or Agency of the

Government, Corporation, Board, Local

Body or other Authority established by

the Government, which are entrusted with

the powers or responsibilities to grant or

issue of clearances or incentives;

(f) "Deemed Approval" means, the approval

as specified under section 6;

(g) "Department" means, a Department of the

Government of Puducherry;

(h) "Designated Officer" means, an Officer

identified by a Competent Authority for

processing of clearances;

1034 LA GAZETTE DE L'ETAT [PART–II

(i) "Enterprise" means, an undertaking that

intends to engage in or is engaged in any

or all of the activities, namely,

manufacturing, processing, providing

services or engaging in business/trade;

(j) "Government" means, the Administrator

appointed by the President under Article

239 of the Constitution;

(k) "Nodal Agency" means, the agency

referred to in section 10;

(l) "Notification" means, a notification

published in the Official Gazette of

Government of Puducherry and the word

"Notified" shall be construed

accordingly;

(m) "Prescribed" means, prescribed by the

rules made under this Act;

(n) "Schedule" means, the Schedule appended

to this Act.

(o) "Service" means, services, including

functions, obligations, responsibility or

duty, to be provided or rendered by a

Public-Authority for issue of clearance;

(p) "Stipulated time" means, the maximum

time excluding public holidays to provide

the applied / requested service by the

Public Authority;

(q) "Subordinate Public Servant" means, an

officer subordinate to the Designated

Officer who is responsible for processing

the Application.

1035

PART–II] LA GAZETTE DE L'ETAT

Notification of D e s i g n a t e d O f f i c e r s , p ro c ed u re a n d c h e c k l i s t f o r p r o c e s s i n g o f applications.

3. (1) Notwithstanding anything contained in any law for the time being in force, the Competent Authority, within a period of three months from the date of commencement of this Act, with the approval of Government, shall notify the Checklist and the procedure for processing and disposal of applications and designate Officer / Officers for providing services under this Act.

(2) The Checklist and the Procedure shall be made available on the website of the Department by the Competent Authority.

Application for Clearance.

4. (1) An applicant shall apply through online for clearance in the prescribed form with necessary particulars and supporting documents as prescribed in the checklist:

Provided that the Government may allow submission of physical application during transitional period, till such time, as it may notify.

(2) Every application received, shall be given a number by the Designated Officer or by the online system to enable the applicant to monitor the status of the application in accordance with such procedure as may be prescribed.

(3) If, the application is submitted to an Authority other than the Competent Authority or Designated Officer or Subordinate Public Servant for clearance, then the Officer who received the application shall forward it to the concerned Designated Officer within 3 days on receipt of the application and for such application 5 days additional time shall be added to the stipulated time.

1036 LA GAZETTE DE L'ETAT [PART–II

D i s p o s a l o f application.

5. (1) The Designated Officer as notified under section 3 of this Act shall, on receipt of the application, consider and dispose it by passing an order either approving or rejecting the same within the stipulated time, as mentioned in the Schedule.

(2) The Designated Officer or Subordinate Public Servant shall have the powers to seek additional information or clarification, if required, from the applicant:

Provided that the additional information or clarification shall be sought for only once before the expiry of the stipulated time prescribed in the Schedule.

(3) The stipulated time shall, start from the date of application excluding the days during which additional information or clarification is sought and received.

(4) The Designated Officer shall give reasons in the order, in case, the application is rejected.

(5) The signed final order of approval or rejection shall be made available online to the applicant in downloadable format.

Deemed Approval.

6. (1) In case of failure to issue the required approval within the time-limit specified in the Schedule, such approvals shall be deemed to have been issued and the entrepreneurs may proceed with the implementation of the project without contravening any of the provisions of the Act, rules, bye-laws, notifications, standing orders, executive instructions, guidelines and regulations made by the Competent Authority concerned for such clearances:

1037

PART–II] LA GAZETTE DE L'ETAT

Provided if any deviations by the applicant with respect to the provisions of the relevant Statutes are detected, the Competent Authority shall take action as deemed fit against the applicant under the concerned Statutes.

(2) The deemed approval shall be made as an automatic process in the online system and made available to the applicant in downloadable format.

Appeal.

7. (1) Any applicant aggrieved by a decision of the Designated Officer within thirty days from the receipt of such decision, may prefer an appeal to the Competent Authority:

Provided that the Competent Authority may admit the appeal after the expiry of the period of thirty days, if it is satisfied that the Appellant was prevented by sufficient cause from filing the appeal in time.

(2) In its decision, the Competent Authority

shall have the power to:-

(a) Reject the appeal.

(b) Give any suitable directions to the

Designated Officer.

(c) Impose any of the penalties provided

under this Act;

Penalty and Procedure for deciding an Appeal.

8. (1) The Competent Authority at the time of deciding any appeal is of the opinion that the Designated Officer or Subordinate Public Servant, as the case may be, who has, without any reasonable cause, failed to deliver the service to an applicant 1038 LA GAZETTE DE L'ETAT [PART–II

within the stipulated time under section 5

or causes in issue of deemed approval

under section 6, it shall impose a penalty

of two hundred and fifty rupees each day

till service is delivered:

Provided that the total amount of said

penalty shall not exceed twenty-five

thousand rupees.

Provided further that the penalty amount

shall be increased by 10% after every

three years from the commencement of

this Act.

Provided also that no penalty shall be

imposed on the Designated Officer or

Subordinate Public Servant, as the case

may be, before giving him a reasonable

opportunity of being heard by way of a

written notice, returnable within 15

working days.

Provided also that the burden of proof for

acting reasonably and diligently, shall be

on the Designated Officer or Subordinate

Public Servant, as the case may be.

(2) The Designated Officer or Subordinate

Public Servant, as the case may be, who

is aggrieved by the order passed by the

Competent Authority in accordance with

section 8(1) shall be entitled to file an

appeal to the Appellate Authority against

such order within a period not exceeding

thirty days of the receipt of the impugned

order.

1039

PART–II] LA GAZETTE DE L'ETAT

(3) For the purpose of this Act, the appeal against the order of the Appellate Authority shall lie with the Appointing Authority of the appropriate cadre of the Competent Authority / Designated Officer / Subordinate Public Servant.

A p p e l l a t e Authori ty.

9. (1) For the purpose of this Act, the Government shall appoint an Appellate Authority to decide on the penalty against any Designated Officer or Subordinate Public Servant who fails to deliver the services within the stipulated time or causes in issue of deemed clearance, as the case may be.

(2) The Appellate Authority shall comprise

of the following members:-

Chief Secretary to . . Chairperson

Government

Secretary to Government . . Member (Industries and Commerce).

Secretary to Government of . . Member the Department concerned.

Nodal Agency.

10. The Directorate of Industries and Commerce shall act as the Nodal Agency to facilitate the delivery of clearances that are required for setting up of new enterprises or expansion or renewal of existing enterprises.

Functions of the Nodal Agency.

11. The Nodal Agency under the superintendence, direction and control of the Government, shall be responsible in discharging the following functions, namely:-

(a) act as a single point of contact for all enterprises that require clearances and as

notified by the Government under section 3;

1040 LA GAZETTE DE L'ETAT [PART–II

(b) assist the applicants in filing of

applications online;

(c) arrange for pre-scrutiny of applications by

convening meetings with representatives

of Competent Authorities and address

queries of investors;

(d) receive applications for clearances

through single window portal;

(e) review and monitor the processing of

applications by the Competent Authorities;

(f) compile the number of applications

processed outside the stipulated time and

deemed approvals generated every

quarter and place before the Appellate

Authority;

(g) act as Investor Facilitation Center for

investment proposal, industrial

facilitation, regulatory reforms and

obtaining user feedback, queries and

grievance handling.

12. (1) The Government may, by notification,

Inspecti on.

specify the clearances for which

inspections under the provisions of the

applicable Acts, rules, orders or

instructions shall be conducted by the

Competent Authorities in accordance with

such guidelines as may be prescribed.

(2) The Government may, from time to time,

by notification, specify the clearances for

which exemption is granted from

inspection and may also delegate the

powers of inspection to any person or

authority in respect of any specific

clearance covered under this Act.

1041

PART–II] LA GAZETTE DE L'ETAT

D e v e l o p i n g culture to deliver services within fixed period.

13. (1) The defaults on the part of an Officer in the time bound delivery of services as defined in this Act shall not be counted towards misconduct, as the purpose and object is to sensitize the public servant towards the citizen and to enhance and imbibe a culture to deliver time bound services to the citizens.

(2) In case of any Officer who is a habitual and willful defaulter, without any reasonable cause and persistently failed to receive an application or has failed to provide service within the stipulated time or intentionally denied the request for the service or delayed inordinately, appropriate disciplinary action shall be taken against the Officer under the relevant rules applicable to him.

(3) To encourage and recognize superior performance of Designated Officer(s) having ad hered to the stipulated timeline without default, a suitable entry shall be made in the Annual Performance Report by the Reporting Officer concerned.

Supplement.

14. The provisions of this Act shall be supplemented to the disciplinary and financial rules and such other service rules and regulations as applicable, to the employees of the Government or Local Authority or Public Authority concerned, as the case may be, and not in derogation to such service rules and regulations governing the service condition and conduct of the Government Employees or the employees of the other Public Authorities concerned.

P r o t e c t i o n o f action taken in good faith.

15. No suit, prosecution or other legal proceedings shall lie against any person for anything which is done in good faith or intended to be done

under this Act or any rule made thereunder.

1042 LA GAZETTE DE L'ETAT [PART–II

Bar of jurisdiction.

16. No Civil Court shall have jurisdiction in

respect of any matter which the Competent

Authority or Designated Officer or

Subordinate Public Servant is empowered by

under this Act to determine.

17. (1) The Government may, after previous

Power to make rules.

publication, by notification, in the Official

Gazette, make rules to carry out the

purposes of this Act.

(2) Every rule made or notification issued

under this Act, shall as soon as may be

after it is made be laid before the

Legislative Assembly, Puducherry, while

it is in session for a total period of

fourteen days, which may be comprised

in one session or in two or more

successive sessions, and if before the

expiry of the session in which it is so laid,

or the session immediately following, the

Legislative Assembly makes any

modification in the rule or notification or

decide that any rule or notification

should not be made or issued, the rule or

notification shall thereafter have effect

only in such modified form or be of no

effect, as the case may be, so, however,

that any such modification or annulment

shall be without prejudice to the validity

of anything previously done under that

rule or notification.

18. (1) The Government may by notification alter,

Power to amend the Schedule.

add to or cancel the Schedule.

1043

PART–II] LA GAZETTE DE L'ETAT

(2) All references made in the Act to the

Schedule shall be construed as relating to that Schedule as in the time being amended in exercise of the powers conferred by this section.

R e m o v a l o f difficulties.

19. (1) If any difficulty arises, in giving effect to the provisions of this Act, the Government may by order publish in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it, be necessary or expedient for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as it is made, be placed on the table of Legislative Assembly, Puducherry.

Power to Exempt.

20. The Government may, by notification, exempt any clearances from any of its provisions subject to such conditions as they deem fit and may cancel or modify any such notification, in this Act.

Act to override other laws.

21. Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law.

Applicability.

22. Notwithstanding anything contained in the Act, it shall not apply to any other Authority, Department, Government other than Government

of Puducherry.

1044 LA GAZETTE DE L'ETAT [PART–II

SCHEDULE

[see Clause (n) of Section 2 read with section 5(1)]

List of Services, Competent Authority, Stipulated Time for Disposal of Application

Sl. Service Competent Stipulated Time No. Authority for Disposal*

(1) (2)

(3)

(4)

Department of Science, Technology and Environment

1. Consent to Establish / Member-Secretary, 15 days from the Operate under Air Puducherry Pollution date of receipt of (Prevention and Control of Control Committee. application. Pollution) Act, 1981 - Green Category.

2. Consent to Establish / Member-Secretary, 15 days from the Operate under Water Puducherry Pollution date of receipt of (Prevention and Control of Control Committee. application. Pollution) Act, 1974 - Green Category.

3. Consent to Establish / Member-Secretary, 30 days from the Operate under Air Puducherry Pollution date of receipt of (Prevention and Control of Control Committee. application. Pollution) Act, 1981 - Orange /Red Category.

4. Consent to Establish / Member-Secretary, 30 days from the Operate under Water Puducherry Pollution date of receipt of (Prevention and Control of Control Committee. application. Pollution) Act, 1974 - Orange / Red Category.

5. Authorization under the Member-Secretary, 30 days from the Hazardous and other Puducherry Pollution date of receipt Wastes (Management and Control Committee. of application complete in all Transboundary Movement) Rules, 2016 as amended respects. time to time.

1045

PART–II] LA GAZETTE DE L'ETAT

(1) (2)

(3)

(4)

6. E-Waste (Management) Member-Secretary, 30 days from the

Rules, 2022. Central Pollution date of receipt of

Control Board. application

complete in all

respect or as per

Guidelines / SOP

issued under the

E-Waste

(Management)

Rules, 2022 by

the Central

Pollution Control

Board [CPCB] as

amended, whichever

is earlier.

7. Plastic Waste Management Member-Secretary, 30 days from the

Rules, 2016 as amended. Puducherry Pollution date of receipt of

Control Committee. application or as

per Guidelines /

SOP issued under

Plastic Waste

Management

Rules, 2016, as

amended whichever

is earlier.

Labour Department

8. Approval of plan and Chief Inspector of 30 days from the

permission to construct / Factories and Boilers. date of receipt of

extend / or take into use

application.

any building as a factory

under the Factories Act,

1948.

1046 LA GAZETTE DE L'ETAT [PART–II

(1) (2)

(3)

(4)

9. Registration of Factories Chief Inspector of 30 days from the

under the Factories Act, Factories and Boilers. date of receipt of

1948 / Licence.

application.

10. Registration of Boilers Chief Inspector of 30 days from the

under the Boilers Act, 1923. Factories and Boilers. date of receipt of

application.

11. Registration of Boilers Chief Inspector of 30 days from the

Manufacturers under the Factories and Boilers. date of receipt of

Boilers Act, 1923.

application.

12. Licence for contractors Labour Commissioner, 21 days from the

under provision of the Labour Department. date of receipt of

Contract Labour (Regulation application.

and Abolition) Act, 1970.

13. Registration under the Labour Commissioner, 7 days from the

Puducherry Shops and Labour Department. date of receipt of

Establishments Act, 1964

application.

(including 365 days Licence).

14. Registration of Principal Labour Commissioner, 7 days from the

Employer's Establishment Labour Department. date of receipt of

under provision of the

application.

Contract Labour (Regulation

and Abolition) Act, 1970.

15. Registration under the Labour Commissioner, 7 days from the

Building and other Labour Department. date of receipt of

Construction Workers

application.

(Regulation of Employment

and Conditions of Service)

Act, 1996.

16. Registration of Establishment Labour Commissioner, 7 days from the

under the Inter State Migrant Labour Department. date of receipt of

Workmen (RE & CS) Act, 1979.

application.

1047

PART–II] LA GAZETTE DE L'ETAT

(1) (2)

(3)

(4)

PIPDIC

17. Allotment of Land in Managing Director - 30 days from the Industrial Estates / Parks. PIPDIC. date of receipt of

application.

Town and Country Planning Department

18. Change in Land Use Chief Town Planner, 71 days from the TCP. date of receipt of

application.

19. Certificate of Land Use Chief Town Planner, 45 days from the TCP. approval and final Notification of the Government.

Planning Authority

20. Building Plan Approval Member-Secretary, 15 days from the Planning Authority. date of receipt of

application.

21. Plinth Level Inspection Member-Secretary, 5 days from the

Planning Authority. date of intimation.

22. Completion / Occupancy Member-Secretary, 7 days from the

Certificate. Planning Authority. date of receipt of

application.

Public Works Department

23. Water Connection Chief Engineer, Public 30 days from the Works Department. date of receipt of

application.

24. Registration of Contractors Chief Engineer, Public 30 days from the for Works and Service. Works Department. date of receipt of

application.

25. Sewer Connection Chief Engineer, Public 30 days from the Works Department. date of receipt of

application.

1048 LA GAZETTE DE L'ETAT [PART–II

(1) (2)

(3)

(4)

26. Certificate of non-availability Chief Engineer, Public 30 days from the of Water. Works Department. date of receipt of

application.

Electricity Department

27. Obtaining Electricity Superintending Engineer, As per the

Connection - HT. Electricity Department. Electricity (Rights

of Consumers) Rules, 2020, as amended from time to time.

28. Obtaining Electricity Superintending Engineer, As per the

Connection - LT. Electricity Department. Electricity (Rights

of Consumers) Rules, 2020, as amended from time to time.

29. Approval for DG set Superintending Engineer, As per the

Installation. Electricity Department. Electricity (Rights

of Consumers) Rules, 2020, as amended from time to time subject to condition that to switch over to cleaner technologies by 2025 as insisted in sub-rule (6) of rule 10 of the above Rules.

Local Bodies

30. Issue of Permission to Commissioner, 7 days from the

establish industry / Local Body. date of receipt of

service / business.

clearances.

1049

PART–II] LA GAZETTE DE L'ETAT

(1) (2)

(3)

(4)

31. Registration for Trade Commissioner, 10 days from the

License / License. Local Body. date of receipt of

application.

32. Registration under Commissioner, 10 days from the

Professional Tax Local Body. date of receipt of

application.

33. Sanction for Storage of Commissioner, 7 days from the

Construction material Local Body. date of receipt of

application.

34. Movie shooting Permission Commissioner, 7 days from the

Local Body. date of receipt of

application.

35. Registration of Hotels Commissioner, 10 days from the

Local Body. date of receipt of

application.

36. Water Connection Commissioner, 30 days from the

Local Body. date of receipt of

application.

37. Road Cutting Permission Commissioner, 7 days from the

Local Body. date of receipt of

application.

38. Inspection carried out for Commissioner, 7 days from the

Road cutting permission and Local Body. date of receipt of

Verification to ensure proper

application.

restoration.

39. Signage Licence for Commissioner, 30 days from the

Advertisement. Local Body. date of receipt of

application.

40. Travel Agency Commissioner, 30 days from the

Local Body. date of receipt of

application.

1050 LA GAZETTE DE L'ETAT [PART–II

(1) (2)

(3)

(4)

41. Tourism Events-Performance Commissioner, 30 days from the

Licence. Local Body. date of receipt of

application.

Revenue and Disaster Management

42. Property Registration – District Registrar / 7 days from the

Appointment Date. Sub-Registrar. date of receipt of

application.

43. Property Registration – District Registrar / 3 days from the

Issue of Registered Deed. Sub-Registrar. date of

appointment.

44. Property Registration – District Registrar / 30 days from the

Mutation. Sub-Registrar. date of

Registration.

45. Encumbrance Certificate District Registrar / 30 days from the

Sub-Registrar. date of

Registration.

46. Measurement / Demarcation Director of Land 30 days from the

of Land. and Survey. date of

Registration.

47. Registration under State Deputy Commissioner – 15 days from the

Excise. State Excise. date of receipt of

application.

48. State Excise – Deputy Commissioner – 15 days from the

Label Registration. State Excise. date of receipt of

application.

49. License under State Excise Deputy Commissioner – 30 days from the

for Local Sale, Import and State Excise. date of receipt of

Export permit of Spirit and application.

Indian Made Foreign Liquor

(IMFL).

1051

PART–II] LA GAZETTE DE L'ETAT

(1) (2)

(3)

(4)

50. Registration under Legal Controller of Legal 15 days from the

Metrology Act, 2009. Metrology. date of receipt of

application.

51. Certificate for verification Controller of Legal 15 days from the

of Weights and Measures. Metrology. date of receipt of

application.

52. Registration under State District Collector 30 days from the

Cinema Regulation Rules.

date of receipt of

application.

53. State Protected Monument – District Collector 30 days from the

Movie Shooting Permission. date of receipt of

application.

54. Permission from District District Collector 30 days from the

Collector for Movie Shooting. date of receipt of

application.

55. Cinematograph Licence and District Collector 30 days from the

Licence for Screening Films date of receipt of

(as applicable).

application.

56. State Excise Licence Deputy Commissioner – 15 days from the (a) Wholesale vendor State Excise date of receipt of

Licence.

application.

(b) Import Permits

(c) Licence for Retail Sale

(d) Licence for Setting up

of Distilleries.

(e) Licence for Setting up

of Bottling Plant.

57. NOC required for setting up District Collector 30 days from the

of explosives manufacturing, date of receipt of

storage, sale, transport.

application.

1052 LA GAZETTE DE L'ETAT [PART–II

(1) (2)

(3)

(4)

58. NOC required for setting up District Collector 30 days from the

of petroleum, diesel, naphtha date of receipt of

storage, sale, transport.

application.

59. Licence for Sale of Crackers District Collector 30 days from the

date of receipt of

application.

60. Mining Lease / Composite District Collector 30 days from the

Licence / Non-exclusive

date of receipt of

Reconnaissance Permit.

application.

61. Issue of letter of Intent in District Collector 30 days from the

case of fresh lease (for

date of receipt of

environmental clearance – application.

category B2-Less than

5 acres).

62. NOC for Soil excavation / District Collector 30 days from the

filling.

date of receipt of

application.

63. Licensing for Auditorium / District Collector 30 days from the

Places of Public Amusement / date of receipt of

Performance for Public

application.

Amusement (as Applicable).

64. Resolution of Public District Collector 30 days from the

Grievances.

date of receipt of

application.

Health and Family Welfare Department

65. Registration for Provisional / Director of Health 30 days from the

Permanent Certificate for and Family Welfare. date of receipt of

clinical establishment under

application.

Clinical Establishments

(Registration and Regulation)

Act, 2010.

1053

PART–II] LA GAZETTE DE L'ETAT

(1) (2)

(3)

(4)

66. Registration under PC & Director of Health 70 days from the

PNDT Act,1994 (Amended, and Family Welfare. date of receipt of

2003) (for 5 years).

application.

Department of Drugs Control

67. Retail Licence under the Licensing Authority 15 days from the

Provisions of Drugs and

date of receipt of

Cosmetics Act, 1940 and

application.

Rules made thereunder.

68. Wholesale Licence under Licensing Authority 15 days from the

the provisions of Drugs

date of receipt of

and Cosmetics Act, 1940

application.

and Rules made thereunder.

69. Granting of Drug Licensing Authority 30 days from the

Manufacturing Licence.

date of receipt of

application.

Food Safety

70. Grant of State Licence for

Food Business.

(a) First Response from Designated Officer 15 days from the

Licensing Authority upon receipt of the

scrutiny application.

application.

[sub-clause 2.1.4

(2) of Food Safety

and Standards

(Licensing and

Registration of

Food Businesses)

Regulations, 2011].

1054 LA GAZETTE DE L'ETAT [PART–II

(1) (2)

(3)

(4)

(b) Generation of Licence Designated Officer 60 days from the

date of making

the complete,

application.

[sub-clause 2.1.6

of Food Safety

and Standards

(Licensing and

Registration of

Food Businesses)

Regulations, 2011].

71. Health NOC for Food

Registration Certificate

(a) Grant of FSSAI Registering Authority 07 days from the

Registration Certificate, date of the

if inspection not required.

application.

[sub-clause 2.1.1

(3) of Food Safety

and Standards

(Licensing and

Registration of

Food Businesses)

Regulations, 2011].

(b) Grant of FSSAI Registering Authority 30 days from the

Registration Certificate, date of the

if inspection required.

application.

[sub-clause 2.1.1

(4) of Food Safety

and Standards

(Licensing and

Registration of

Food Businesses)

Regulations, 2011].

1055

PART–II] LA GAZETTE DE L'ETAT

(1) (2)

(3)

(4)

Transport Department

72. Registration of Vehicles Transport Commissioner 2 days from the

date of receipt of

application.

73. Transfer of vehicle Transport Commissioner 10 days from the

registration.

date of receipt of

application.

74. Issuing Vehicle fitness Transport Commissioner 5 days from the

certificate.

date of receipt of

application.

75. Grant of Permit – Taxi, Maxi Transport Commissioner 15 days from the

Cab, Omni Bus.

date of receipt of

application.

76. Goods Carriage Permit Transport Commissioner 10 days from the

date of receipt of

application.

Commercial Taxes Department

77. Registration under GST Commissioner, As per Central

Commercial Taxes. GST Act.

Fire Service Department

78. Fire Licence / NOC Divisional Fire Officer 30 days from the

date of receipt of

application.

Forest and Wildlife Department

79. Certificate of Non-Forest Conservator of Forest 15 days from the

Land.

date of receipt of

application.

1056 LA GAZETTE DE L'ETAT [PART–II

(1) (2)

(3)

(4)

80. Letter for Distance from Conservator of Forest 15 days from the

Forest.

date of receipt of

application.

Department of Information Technology

81. Mobile Tower Approval Director of Information 30 days from the

Technology. date of receipt of

application.

Police Department

82. Movie Shooting Permission Director-General of 30 days from the

Police. date of receipt of

application.

Registrar of Co-operative Societies

83. Registration of Co-operative Registrar of 30 days from the

Societies. Co-operative Societies. date of receipt of

application.

Ground Water Authority

84. NOC for Water abstraction Member-Secretary, 30 days from the

from Puducherry Ground Puducherry Ground date of receipt of

Water Authority. Water Authority. application.

Department of Civil Supplies and Consumer Affairs

85. Grant of Licence for 'Fair Director of Civil 30 days from the

Price Shops' under the Supplies and Consumer date of receipt of

relevant Act. Affairs. application.

Department of School Education

86. Approvals for setting up Director of School 30 days from the

Hostel. Education. date of receipt of

application.

1057

PART–II] LA GAZETTE DE L'ETAT

(1) (2)

(3)

(4)

87. Approvals for setting up Director of School 30 days from the

and operating a Play School. Education. date of receipt of

application.

88. Registration of Schools Director of School 30 days from the

under Right to Education. Education. date of receipt of

application.

89. NOC for setting up of CBSE Director of School 30 days from the

School. Education. date of receipt of

application.

Directorate of Industries and Commerce

90. Investor Facilitation Centre / Director of Industries 15 days from the

Investment Promotion – and Commerce. date of receipt of

Queries to be addressed.

application.

91. Incentives Director of Industries 30 days from the

and Commerce. date of receipt of

application.

92. Procurement Director of Industries 30 days from the

and Commerce. date of receipt of

application.

* All queries / clarification related to the application have to be sought

within 7 days from the date of receipt of application, in one go.

Renewals, wherever applicable in the above services, shall be issued

within 7 days from the date of application, across the board.

Mis-submitted applications shall be redirected within 3 days by the

mis-received Authority / Officer to concerned Authority / Officer.

1058 LA GAZETTE DE L'ETAT [PART–II

STATEMENT OF OBJECTS AND REASONS

Sustained business reforms over the past several years has helped India jump 79 places to move to 63rd position in the global ease of Doing Business rankings in 2022. It earned a place in among the World's Top Ten improvers for the third consecutive year. India was ranked at 142 in 2014.

2. The World Bank has observed that "...the persistent efforts made to drive the business reforms agenda, not only at the central level but also at the State level, helped India make significant improvements".

3. Business Reform Action Plan (BRAP) released every year by DPIIT since 2015 is the guiding principle towards achieving Ease of Doing Business (EoDB). While bigger states have shown considerable progress in EoDB, Union terriory of Puducherry still needs to undertake more reforms.

4. Defining clear timelines with punitive provisions mandated through an Act for provisioning of services is one of the important reforms to be undertaken.

5. The Bill is intended to fix timelines with punitive provisions for providing services like issue of no objection certificate, allotments, consents, approvals, permissions, registrations, enrolments, licences under any Rule or Act for the purpose of starting and running an enterprise.

6. The Bill also provides for administrative reform to reduce compliance load by empowering the Government to exempt clearance for enterprises which are redundant and outdated which stifle growth and adversely affect business environment.

A. NAMASSIVAYAM, Minister for Industries and Commerce.

————

FINANCIAL MEMORANDUM

The proposed "The Puducherry Ease of Doing Business (Service Delivery) Bill, 2025" providing for speedy, transparent, efficient and time bound delivery of services for starting and doing business in the Union territory of Puducherry, imposes penalty under the section 8(1) for the period of delay in providing services.

Except for the above-mentioned penalty, this Bill does not have any

financial implication.

1059

PART–II] LA GAZETTE DE L'ETAT

MEMORANDUM REGARDING DELEGATED LEGISLATION

1. Clause 3 of the Bill seeks to empower the Government, to notify

designated officer / officers, checklist and procedure for processing and

disposal of applications, by the Competent Authority.

2. Clause 9 of the Bill seeks to empower the Government, to notify an

Appellate Authority to decide on the disciplinary action of any Competent

Authority or his Designated Officer or his subordinate public servant, who

fail to deliver the services in stipulated time, resulting in issue of deemed

clearance.

3. Sub-clause (1) of Clause 12 seeks to empower the Government to notify

the clearances for which inspections under the provisions of the applicable

Acts, rules, orders or instructions shall be conducted by the Competent

Authorities and guidelines for inspections.

4. Sub-clause (2) of Clause 12 seeks to empower the Government to notify

the clearance for which exemptions are granted from inspections and to

delegate the powers of inspection to any person or authority in respect of

any specific clearance covered under this Act.

5. Sub-clause (1) of Clause 17 of the Bill seeks to empower the

Government to make rules by notification in the Official Gazette for the

implementation of the provisions of this Act.

6. Sub-clause (2) of Clause 18 of the Bill seeks to empower the

Government to alter, add to or cancel the Schedule.

7. Clause 19 of the Bill seeks to empower the Government to exempt any

difficulties from any of the provisions of this Act.

8. Clause 20 of the Bill seeks to empower the Government to exempt any

clearances from any of the provisions of this Act.

9. The matters in respect of which notifications or orders may be issued

or rules may be, made, are matters of'procedure and are of routine and

administrative in nature. Further, the rules are subject to the scrutiny of the

Legislative Assembly. The delegation of legislative power is therefore of a

normal character.

10. The powers delegated are normal and not of an exceptional character.

1060 LA GAZETTE DE L'ETAT [PART–II

THE PUDUCHERRY GOODS AND SERVICES TAX (SECOND AMENDMENT) BILL, 2025 (Bill No. 6 of 2025)

A

BILL

further to amend the Puducherry Goods and Services

Tax Act, 2017.

BE it enacted by the Puducherry Legislative Assembly in the Seventy-sixth Year of the Republic of India as follows :—

Short title and commencement.

1. (1) This Act may be called the Puducherry Goods and Services Tax (Second Amendment) Act, 2025.

(2) Save as otherwise provided in this Act, the provisions of this Act shall come into force on such date, with prospective or retrospective effect, as the Government of Puducherry may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act, shall be construed as a reference to the coming into force of that provision.

Amend ment of section 2.

Ac t No. 6 of 2 0 1 7 .

2. In section 2 of the Puducherry Goods and Services Tax Act, 2017 (hereinafter referred to as the principal Act) —

(i) in clause (61), after the word and figure "section 9", the words, brackets and figures "of this Act or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act, 2017" shall be inserted with effect from the 1st day of April, 2025;

Ac t No. 13 o f 2 0 1 7 .

1061

PART–II] LA GAZETTE DE L'ETAT

(ii) in clause (69),-

(a) in sub-clause (c), after the words "management of a municipal", the word "fund" shall be inserted;

(b) after sub-clause (c), the following

Explanation shall be inserted, namely :—

'Explanation.— For the purposes of this

sub-clause—

(a) "local fund" means, any fund under the control or management of an authority of a local self-Government established for discharging civic functions in relation to a Panchayat area and vested by law with the powers to levy, collect and appropriate any tax, duty, toll, cess or fee, by whatever name called;

(b) "municipal fund" means, any fund under the control or management of an authority of a local self-Government established for discharging civic functions in relation to a Metropolitan area or Municipal area and vested by law with the powers to levy, collect and appropriate any tax, duty, toll, cess or fee, by whatever name called;';

(iii) after clause (116), the following clause shall

be inserted, namely:—

'(116A) "unique identification marking" means, the unique identification marking referred to in clause (b) of sub-section (2) of section 148A and includes a digital stamp, digital mark or any other similar marking, which is unique, secure and non-removable;'.

3. In section 12 of the principal Act, sub-section

Amendment of section 12.

(4) shall be omitted.

1062 LA GAZETTE DE L'ETAT [PART–II

4. In section 13 of the principal Act, sub-section

Amend ment of section 13.

(4) shall be omitted.

5. In- section 17 of the principal Act, in sub-section

Amend ment of section 17.

(5), in clause (d),—

(i) for the words "plant or machinery", the

words "plant and machinery" shall be substituted and

shall be deemed to have been substituted with effect

from the 1st day of July, 2017;

(ii) the Explanation shall be numbered as

Explanation 1 thereof, and after Explanation I as so

numbered, the following Explanation shall be inserted,

namely:-

"Explanation 2.— For the purposes of

clause (d), it is hereby clarified that

notwithstanding anything to the contrary

contained in any judgment, decree or order of

any Court, tribunal, or other authority, any

reference to "plant or machinery" shall be

construed and shall always be deemed to have

been construed as a reference to "plant and

machinery";'.

6. In section 20 of the principal Act, with effect

Amend ment of Section 20. from the 1st day of April, 2025, —

(i) in sub-section (1), after the word and figure

"section 9", the words, brackets and figures "of this Act

or under sub-section (3) or sub-section (4) of section 5

of the Integrated Goods and Services Tax Act, 2017"

shall be inserted;

Ac t No. 13 o f 2 0 1 7 .

(ii) in sub-section (2), after the word and figure

"section 9", the words, brackets and figures "of this Act

or under sub-section (3) or sub-section (4) of section 5

of the Integrated Goods and Services Tax Act, 2017,"

Ac t No. 13 o f 2 0 1 7 .

shall be inserted.

1063

PART–II] LA GAZETTE DE L'ETAT

Amend ment of Section 34.

7. In section 34 of the principal Act, in sub-section (2), for the proviso, the following proviso shall be substituted, namely:—

"Provided that no reduction in output tax

liability of the supplier shall be permitted, if the—

(i) input tax credit as is attributable to such a credit note, if availed, has not been reversed by the recipient, where such recipient is a registered person; or

(ii) incidence of tax on such supply has been passed on to any other person, in other cases.".

8. In section 38 of the principal Act,—

Amend ment of Section 38.

(i) in sub-section (1), for the words "an auto-generated statement", the words "a statement" shall be substituted;

(ii) in sub-section (2),—

(a) for the words "auto-generated statement under", the words "statement referred in" shall be substituted;

(b) in clause (a), the word "and" shall be

omitted;

(c) in clause (b), after the words "by the recipient,", the word "including" shall be inserted;

(d) after clause (b), the following clause

shall be inserted, namely:-

"(c) such other details as may be prescribed.".

Amend ment of Section 39.

9. In section 39 of the principal Act, in sub-section (1), for the words "and within such time", the words "within such time, and subject to such conditions and restrictions" shall be substituted.

1064 LA GAZETTE DE L'ETAT [PART–II

10. In section 107 of the principal Act, in

Amend ment of section 107.

sub-section (6), for the proviso, the following proviso

shall be substituted, namely:—

"Provided that in case of any order demanding

penalty without, involving demand of any tax, no

appeal shall be filed against such order unless a sum

equal to ten per cent, of the said penalty has been paid

by the appellant.".

11. ID section 112 of the principal Act, in

Amend ment of section 112. sub-section (8), the following proviso shall be inserted,

namely:—

"Provided that in case of any order demanding

penalty without involving demand of any tax, no appeal

shall be filed against such order unless a sum equal to

ten per cent, of the said penalty, in addition to the

amount payable under the proviso to sub-section (6)

of section 107 has been paid by the appellant.".

12. After section 122A of the principal Act, the

following section shall be inserted, namely:—

"122B. Notwithstanding anything contained in this

Act, where any person referred to in clause (b) of

sub-section (1) of section 148A acts in contravention

P e n a l t y f o r failure to comply with track and trace mechanism.

of the provisions of the said section, he shall, in

addition to any penalty under Chapter XV or the

provisions of this Chapter, be liable to pay a penalty

equal to an amount of one lakh rupees or ten per cent,

of the tax payable on such goods, whichever is higher.".

13. After section 148 of the principal Act, the

Insertion of new section 148A.

following section shall be inserted, namely:—

"148A. (1) The Government may, on the

recommendations of the Council, by notification,

Track and trace mech anism for certain goods.

specify,-

(a) the goods;

1065

PART–II] LA GAZETTE DE L'ETAT

(b) persons or class of persons who are in

possession or deal with such goods, to which

the provisions of this section shall apply.

(2) The Government may, in respect of the

goods referred to in clause (a) of sub-section (7),—

(a) provide a system for enabling affixation

of unique identification marking and for

electronic storage and access of information

contained therein, through such persons, as

may be prescribed; and

(b) prescribe the unique identification

marking for such goods, including the information

to be recorded therein.

(3) The persons referred to in sub-section (1),

shall,-

(a) affix on the said goods or packages

thereof, a unique identification marking,

containing such information and in such

manner;

(b) furnish such information and details

within such time and maintain such records or

documents, in such form and manner;

(c) furnish details of the machinery installed

in the place of business of manufacture of such

goods, including the identification, capacity,

duration of operation and such other details or

information, within such time and in such form

and manner;

(d) pay such amount in relation to the

system referred to in sub-section (2), as may

be prescribed.".

1066 LA GAZETTE DE L'ETAT [PART–II

14. In Schedule III to the principal Act,—

Amend ment of Schedule III.

(i) in paragraph 8, after clause (a), the following

clause shall be inserted and shall be deemed to have

been inserted with effect from the 1st day of July, 2017,

namely:—

"(aa) Supply of goods warehoused in a

Special Economic Zone or in a Free Trade

Warehousing Zone to any person before

clearance for exports or to the Domestic Tariff

Area;";

(ii) in Explanation 2, after the words "For the

purposes of", the words, brackets and letter "clause (a)

of" shall be inserted and shall be deemed to have been

inserted with effect from the 1st day of July, 2017;

(iii) after Explanation 2, the following

Explanation shall be inserted and shall be deemed to

have been inserted with effect from the 1st day of July,

2017, namely:-

"Explanation 3.— For the purposes of

clause (aa) of paragraph 8, the expressions

"Special Economic Zone", "Free Trade

Warehousing Zone" and "Domestic Tariff Area"

shall have the same meanings respectively as

assigned to them in section 2 of the Special

Ac t No. 28 o f 2 0 0 5 .

Economic Zones Act, 2005.".

15. No refund shall be made of all such tax which

No refund of tax collected.

has been collected, but which would not have been so

collected, had section 14 been in force at all material

times.

1067

PART–II] LA GAZETTE DE L'ETAT

STATEMENT OF OBJECTS AND REASONS

Various decisions have been taken by the Goods and Services Tax

Council in its 55th meeting requiring amendments in the Goods and Services

Tax Laws. Accordingly, the Principal Act, the Central Goods and Services Tax

Act, 2017 (12 of 2017) has been amended by the enactments of the Parliament.

2. In order to maintain the uniformity in applicability of the provisions

of the Principal Act, 2017 and the Puducheny Goods and Services Tax Act,

2017 (6 of 2017), it is proposed to amend the Puducherry Goods and Services

Tax Act, 2017 ("the Act").

3. The proposed Puducherry Goods and Services Tax (Second

Amendment) Bill, 2025, inter alia, provides for the following, namely;-

(i) In Clause 2 of the Bill,

(a) clause (61) of section 2 of the Puducherry Goods and Services

Tax Act is being amended so as to explicitly provide for distribution

of input tax credit by the Input Service Distributor in respect of

inter-state supplies on which tax has to be paid on reverse charge

basis, by inserting reference to sub-section (3) and sub-section (4)

of section 5 of Integrated Goods and Services Tax Act. This

amendment will be effective from 1st April 2025.

(b) Sub-clause (c) of clause (69) of section 2 is being amended to

replace "municipal or local Jund" with "municipal fund or local fund"

and to insert an Explanation after the said sub-clause, to provide for

definitions of the terms 'Local Fund' and 'Municipal Fund' used in

the definition of "local authority" under the said clause so as to clarify

the scope of the said terms.

(c) A new clause (116A) is being inserted in section 2 to provide

definition of Unique Identification Marking for implementation of

Track and Trace Mechanism.

(ii) In Clause 3 of the Bill, sub-section (4) of section 12 relating to

time of supply in respect of Vouchers is being deleted.

(iii) In Clause 4 of Bill, sub-section (4) of section 13 relating to time

of supply in respect of Vouchers is being deleted.

1068 LA GAZETTE DE L'ETAT [PART–II

(iv) Clause 5 of the Bill, seeks to amend clause (d) of sub-section (5) of section 17, to substitute the words "plant or machinery" with words "plant and machinery". This amendment will be effective retrospectively from 1st July 2017, notwithstanding anything to the contrary contained in any judgment, decree or order of any Court or any other authority.

(v) Clause 6 of the Bill, seeks to amend section 20(1) and section 20(2), so as to explicitly provide for distribution of input tax credit by the Input Service Distributor in respect of inter-state supplies, on which tax has to be paid on reverse charge basis, by inserting reference to sub-section (3) and sub-section (4) of section 5 of Integrated Goods and Services Tax Act in said sub-sections of section 20 of Puducherry Goods and Services Tax Act. The amendment will be effective from 1st April 2025.

(vi) Clause 7 of the Bill, seeks to amend the proviso to sub-section (2) of section 34 so as to explicitly provide for requirement of reversal of corresponding input tax credit in respect of a credit-note, if availed, by the registered recipient, for the purpose of reduction of tax liability of the supplier in respect of the said credit note.

(vii) In Clause 8 of the Bill,

(a) Section 38(1) is being amended to omit the expression "auto generated" with respect to statement of input tax credit in the said sub-section.

(b) Section 38(2) is being amended by omitting the expression "auto generated" with respect to statement of input tax credit in said sub-section and also to insert the expression "including" after the words "by the recipient" in clause (b) of said sub-section to make the said clause more inclusive.

(c) Section 38(2) is being amended by inserting a new clause (c) in the said 'sub-section to provide for an enabling clause to prescribe other details to be made available in statement of input tax credit.

(viii) Clause 9 of the Bill, seeks to amend section 39(1), so as to provide for an enabling clause to prescribe conditions and restrictions, for filing of return under the said sub-section.

(ix) Clause 10 of the Bill seeks to amend section 107(6), so as to provide for 10% mandatory pre-deposit of penalty amount for appeals before Appellate Authority in cases involving only demand of penalty without any demand for tax.

1069

PART–II] LA GAZETTE DE L'ETAT

(x) Clause 11 of the Bill, seeks to amend section 112(8), so as to provide for 10% mandatory pre-deposit of penalty amount for appeals before Appellate Tribunal in cases involving only demand of penalty without any demand for tax.

(xi) In Clause 12 of the Bill, New section 122B is being inserted to provide penalty for contraventions of provisions related to the Track and Trace Mechanism provided under section 148A.

(xii) In Clause 13 of the Bill, New section 148A is being inserted to provide for an enabling mechanism for Track and Trace Mechanism for specified commodities.

(xiii) In Clause 14 of the Bill,

(a) Schedule III of POST Act is being amended, with effect from 01-07-2017 by inserting a new clause (aa) in paragraph 8 of Schedule III of the Puducherry Goods and Services Tax Act, to provide that the supply of goods warehoused in a Special Economic Zone or in a Free Trade Warehousing Zone to any person before clearance for exports or to the Domestic Tariff Area shall be treated neither as supply of goods nor as supply of services.

(b) also seeks to amend Explanation 2 of Schedule III of the PGST Act, with effect from 01-07-2017 to clarijy that the said explanation would be applicable in respect of clause (a) of paragraph 8 of the said Schedule.

(c) further seeks to amend Schedule III of PGST Act, with effect from 01-07-2017 by inserting Explanation 3 to define the terms 'Special Economic Zone', 'Free Trade Warehousing Zone' and 'Domestic Tariff Area', for the purpose of the proposed clause (aa) in paragraph 8 of said Schedule.

(xiv) Clause 15 of the Bill seeks to provide that no refund of tax already paid will be available for the aforesaid activities or transactions referred to in clause (xiii).

4. The Bill seeks to achieve the above objectives.

N. RANGASAMY, Chief Minister.

1070 LA GAZETTE DE L'ETAT [PART–II

FINANCIAL MEMORANDUM

The proposed Puducherry Goods and Services Tax (Second Amendment)

Bill, 2025 does not involve any recurring or non-recurring expenditure from

the Consolidated Fund of the Union territory of Puducherry.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 8 of the Bill seeks to amend sub-section (2) of section 38 of the

Puducherry Goods and Services Tax Act to empower the Government to

provide by rules other details to be made available in the statement.

Clause 13 of the Bill seeks to insert a new section 148A in the

Puducherry Goods and Services Tax Act, relating to track and trace mechanism

for certain goods. Sub-section (2) of the said section 148A seeks to empower

the Government to provide by rules a system for enabling affixation of unique

identification marking and for electronic storage and access of information

and the person through whom such system may be provided. It further seeks

to empower the Government to provide by rules the Unique Identification

marking for goods including the information to be recorded therein.

Sub-section (3) of the said section 148A seeks to empower the Government

to provide by rules, the information to be contained in, and the manner of

affixing on the goods and packages a unique identification marking under

clause (a), the form and manner and the time for furnishing information and

details and maintaining records or documents under clause (b), the time within

which and the form and manner in which other details shall be furnished under

clause (c) and the amount to be paid under clause (d) of the said sub-section.

2. The matters in respect of which rules may be made in accordance with

the provisions of the Bill are matters of procedure and details and it is not

practicable to provide for them in the Bill itself.

3. The delegation of legislative power is, therefore, of a normal character.

1071

PART–II] LA GAZETTE DE L'ETAT

ADMINISTRATOR'S RECOMMENDATION UNDER SUB-SECTION (1)

OF SECTION 23 OF THE GOVERNMENT OF UNION TERRITORIES

ACT, 1963

(Copy of Letter No. 2606 / CTD / GST /2025, dated 12-08-2025 from the

Hon'ble Chief Minister Thiru N. Rangasamy to the Hon'ble Speaker,

Legislative Assembly, Puducherry)

The Lieutenant-Governor, Puducherry having been informed of the

subject matter of the proposed Puducherry Goods and Services Tax (Second

Amendment) Bill, 2025 providing to amend the Puducherry Goods and Services

Tax Act, 2017 (Act No. 6 of 2017), recommends under sub-section (1) of section

23 of the Government of Union Territories Act, 1963 (Central Act 20 of 1963),

the introduction in and consideration by the Legislative Assembly of the said

Bill.

————

1072 LA GAZETTE DE L'ETAT [PART–II

THE PUDUCHERRY MUNICIPALITIES

(AMENDMENT) BILL, 2025

(Bill No. 7 of 2025)

A

BILL

further to amend the Puducherry Municipalities

Act, 1973.

BE it enacted by the Puducherry Legislative

Assembly in the Seventy-sixth Year of the Republic of

India as follows :—

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

Short title and commencement.

Municipalities (Amendment) Act, 2025.

(2) It shall come into force on and from the

date of its publication in the Official

Gazette.

2. In the Puducherry Municipalities Act, 1973,

Amend ment of section 348.

(hereinafter referred to as the Principal Act), section 348

shall be omitted.

3. In the principal Act, for section 355, the

Amend ment of section 355.

following shall be. substituted, namely:—

(1) No business or trade shall be carried on

within the jurisdiction of the Municipality without the

trade licence issued by the Commissioner. The Government

shall make rules to prescribe the procedure to be

followed by the Commissioner for issuing of the trade

licence.

(2) The trade licence issued shall be valid for a

period not exceeding five' years on payment of the trade

licence fee as notified by the Government.

1073

PART–II] LA GAZETTE DE L'ETAT

(3) The trade licence issued shall be renewed

on application by the licence holder and on payment of

the licence fee.

(4) If it is found that the licence was obtained

by making a false statement or misrepresentation of any

material facts, the same shall be revoked as per the

prescribed procedure.

(5) Where the existing trade licencee has filed

the required application for renewal before the

commencement of this Act, within the time provided

under the existing provisions of the Act, it shall be

considered for renewal under this section.

(6) The provisions contained in this Act or any

rules or regulations made thereunder shall continue to

apply to the trade licences, in so far as they are not

inconsistent with the provisions of this Chapter.

4. In the principal Act, section 356 shall be Amend ment of section 356.

omitted.

5. In the principal Act, section 378 shall be Amend ment of section 378.

omitted.

————

1074 LA GAZETTE DE L'ETAT [PART–II

STATEMENT OF OBJECTS AND REASONS

1. The Government of Puducherry intends to provide in an industry, an

investment friendly atmosphere in the Union territory of Puducherry by

reducing the compliance burden on industries and business establishments

and, thereby, create economic and employment opportunities and, therefore,

it is considered essential that sections 348, 355 and 356 of the Puducherry

Municipalities Act, 1973 need to be revised in accordance with the principles

of promoting Ease of Doing Business.

2. The above provisions of the Puducherry Municipalities Act, 1973 aims

to regulate the places or buildings used for public resorts, gatherings or

entertainment under section 348, trades under section 355 and Factories under

section 356. The amendment intends to keep all the businesses under one

section.

3. In the principal Act, section 356 necessitates the prior permission of

the Commissioners of the Municipalities, for construction of any new factory,

workshop or commercial work-place where any machinery or manufacturing

plant drawn by steam power, water power, or other mechanical power or

electrical power is intended to be installed within the geographical boundaries

of a municipality. The said provision is proposed to be omitted.

4. There are other specialized agencies of the Government under the

relevant Acts and regulations, like the Planning Authorities, Labour, Industry

and the Pollution Control Authorities, Fire Services Department and the Food

and Drugs Safety officials etc., who are specifically entrusted with the duties

to assess the scientific aspects, given / permissible norms and proscribed

activities which are likely to be offensive or dangerous to human life or public

health or property. Hence, assessing or examining such aspects at the

Municipal level is neither feasible nor desirable and, being redundant, may

delay the new businesses affecting both the economic growth and the

employment opportunities. Besides, the repetitive processing at the various

levels, interferes with the main nature and focus of the Municipalities, which

is infrastructure development and maintenance, and provision of sanitation,

hygiene and civic services.

1075

PART–II] LA GAZETTE DE L'ETAT

5. The Municipalities also do not have any specialized manpower or

Authority to assess, regulate or monitor the above aspects.

6. In order to simplify the process of applying for and obtaining the trade licence, this amendment is proposed by the Local Administration Department, Government of Puducherry.

7. The National Human Rights Commission (NHRC) has stated that, section 378 of the Puducherry Municipalities Act, 1973 is found to be discriminatory and constitutes a severe human rights violation of persons affected by Leprosy. Hence, it is proposed to amend section 378 of the Puducherry Municipalities Act, 1973 as recommended by the National Human Rights Commission.

8. The Bill seeks to achieve the above objectives.

N. RANGASAMY, Chief Minister.

————

FINANCIAL MEMORANDUM

The proposed Puducherry Municipalities (Amendment) Bill, 2025 does not involve any recurring or non-recurring expenditure from the Consolidated Fund of the Union territory of Puducherry.

————

1076 LA GAZETTE DE L'ETAT [PART–II

THE PUDUCHERRY VILLAGE AND COMMUNE

PANCHAYATS (AMENDMENT) BILL, 2025

(Bill No. 8 of 2025)

A

BILL

further to amend the Puducherry Village and

Commune Panchayats Act, 1973.

BE it enacted by the Puducherry Legislative

Assembly in the Seventy-sixth Year of the Republic of

India as follows :—

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

Short title and commencement.

Village and Commune Panchayats

(Amendment) Act, 2025.

(2) It shall come into force on and from the

date of its publication in the Official

Gazette.

2. In Puducherry Village and Commune Panchayats

Amend ment of section 121.

Act, 1973 (here after referred to as the principal Act,)

for section 121, the following shall be substituted,

namely:—

(1) No business or trade shall be carried on

within the jurisdiction of the Commune Panchayat

without the trade licence, issued by the Commissioner.

The Government shall make rules to prescribe the

procedure to be followed by the Commissioner for

issuing of the trade licence.

(2) The trade licence issued shall be valid for

not exceeding five years on payment of the trade licence

fee as notified by the Government.

(3) The trade licence issued shall be renewed

on application by the licence holder and on payment of

the licence fee.

1077

PART–II] LA GAZETTE DE L'ETAT

(4) If it is found that the licence was obtained

by making a false statement or misrepresentation of any

material facts, the same shall be revoked as per the

prescribed procedure.

(5) Where the existing trade licencee has filed

the required application for renewal before the

commencement of this Act within the time provided

under the existing provisions of the Act, it shall be

considered for renewal under the provisions of the Act.

(6) The provisions contained in this Act or any

rule or regulations made thereunder shall continue to

apply to the trade licences, so far as they are not

inconsistent with the provisions of this Chapter,

3. In the principal Act, section 122 shall be omitted. Amend ment of section 122.

4. (1) In the principal Act, in section 123 in Amend ment of section 123.

sub-section (1) the clause (c) shall be

omitted.

(2) In the said section, the sub-section (2)

and the proviso clause thereunder, shall

be omitted.

————

1078 LA GAZETTE DE L'ETAT [PART–II

STATEMENT OF OBJECTS AND REASONS

1. The Government of Puducherry intends to provide an industry an

investment friendly atmosphere in the Union territory of Puducherry by

reducing the compliance burden on industries and business establishments

and, thereby, create economic and employment opportunities and therefore,

it is considered essential that sections 121. 122, 123 (1) (c) and (2) of the

Puducherry Village and Commune Panchayats Act, 1973, needs to be revised

in accordance with the principles of promoting the Ease of Doing Business.

2. The above existing provisions of the Puducherry Village and Commune

Panchayats Act, 1973 aims to regulate industry or trades which are likely to

be offensive or dangerous to human life or public health or property. This

Act mandates the prior permission of the Government of Puducherry to

construct any new factory, workshop or commercial work-place where any

machinery or manufacturing plant drawn by steam power, water power, or other

mechanical power or electrical power may be installed within the geographical

boundaries of a Commune Panchayat.

3. There are other specialized agencies of Government under the relevant

Acts and Regulations, like the Planning Authorities, Labour, Industry and the

Pollution Control Authorities, Fire Services Department and the Food and

Drugs Safety officials, etc., who are specifically entrusted with the duties to

assess the scientific aspects, given permissible norms and proscribed

activities which are likely to be offensive or dangerous to human life or public

health or property. Hence, assessing or examining such aspects at the

Commune Panchayats level in neither feasible nor desirable and, being

redundant, may delay the new businesses affecting both the economic growth

and the employment opportunities. Besides, the repetitive processing at the

various levels interferes with the development activities and the focus of the

Commune Panchayats.

4. The Commune Panchayats also do not have any specialized manpower

or Authority to assess, regulate or monitor the above aspects.

1079

PART–II] LA GAZETTE DE L'ETAT

5. In order to simplify the process of applying for and getting trade

licence this amendment is proposed by the Local Administration Department,

Government of Puducherry.

6. The above Bill seeks to achieve the above objectives.

N. RANGASAMY,

Chief Minister.

————

FINANCIAL MEMORANDUM

The proposed Puducherry Village and Commune Panchayats

(Amendment) Bill, 2025 does not involve any recurring or non-recurring

expenditure from the consolidated fund of the Union territory of Puducherry.

————

1080 LA GAZETTE DE L'ETAT [PART–II

THE PUDUCHERRY TOWN AND COUNTRY PLANNING (AMENDMENT) BILL, 2025 (Bill No. 9 of 2025)

A

BILL

further to amend the Puducherry Town and Country

Planning Act, 1969.

BE it enacted by the Legislative Assembly of Puducherry in the Seventy-sixth Year of the Republic of India as follows :—

Short title and commencement.

1. (1) This Act may be called the Puducheny Town and Country Planning (Amendment) Act, 2025.

(2) It extends to the whole of the Union

territory of Puducheny.

(3) It shall come into force on and from the date of its publication in the Official Gazette.

Amend ment of section 2.

2. In section 2 of the Puducheny Town and Country Planning Act, 1969 (hereinafter referred to as the principal Act),—

(1) after the existing clause (7), the following

clause shall be inserted, namely:—

"(7-A) "Chief Town Planner" means, the Town Planner appointed by the Government under section 10;"

(2) after clause (9), the following clause shall

be inserted, namely:—

"(9-A) "company" means—

(a) any company as defined in the Companies Act, 2013 including any foreign company within the meaning of section 591 of that Act;

1081

PART–II] LA GAZETTE DE L'ETAT

(b) anybody corporate; or

(c) any firm or association (whether incorporated or not), carrying on business in the Union territory of Puducherry. whether or not its principal place of business is situated in the said Union Territory;"

(3) after clause (10), the following clause shall

be inserted, namely: -

"(10-A) "Designated Officer" means, the Senior Town Planner of the Town and Country Planning Department appointed for the implementation of the Town Planning Scheme;

(4) for clause (11), the following shall be

substituted, namely:—

Central Act No. 18 of 2 01 3

"(11) "development" means, the carrying out of all or any of the works as contemplated in an interim, comprehensive, detailed development plan or a Town Planning Scheme prepared under this Act, and shall include the carrying out of building, engineering, mining or other operations in, or over or under land, or the making of any material change in any building or land, or in the use of any building, land and includes redevelopment and layout and sub-division of any land and 'to develop' shall be construed, accordingly, and shall not include the following operations or uses of the land for the purpose of this Act, that is to say,—

(a) the carrying out of any temporary works for the maintenance, improvement or other alteration of any building, being works which do not materially affect the external

appearance of the building;

1082 LA GAZETTE DE L'ETAT [PART–II

(b) the carrying out by a Local Authority

of any temporary works required for

the maintenance or improvement of a

road, or works carried out on the land

within the boundaries of the road;

(c) the carrying out by a Local Authority

or statutory undertaker of any

temporary works for the purpose of

inspecting, repairing or renewing any

sewers, mains, pipes, cables or other

apparatus, including the breaking

open of any street or other land for

that purpose;

(d) the use of any building or other land

within the curtilage of a dwelling

house for any purpose incidental to

the enjoyment of the dwelling house

as such; and

(e) the use of any land for the purpose

of agriculture, gardening or forest

(including afforestation) and the use

for any purpose specified in this

clause of this proviso of any building

occupied together with the land so

used;"

(5) for clause (12) the following shall be

substituted namely:—

(12) "Development plan" means, a plan for

the development or re-development or

improvement of the area within the jurisdiction

of a Planning Authority and includes an interim,

comprehensive, detailed development plan

prepared under the Act;"

1083

PART–II] LA GAZETTE DE L'ETAT

(6) after clause (12), the following clauses shall

be inserted, namely:—

"(12-A) "development right certificate"

means, the certificate to be issued under the

authentication of the Member-Secretary of the

Planning Authority including digital signature,

indicating the Floor Area Ratio credit in square

meters of the built-up area to which the owner

or lessee is entitled, the place from where it is

generated and the rate of that plot as prescribed

in the Guideline value as issued by the

Registration Department for the relevant year;

(12-B) "development rights" means, the right

to carry out the development or to develop the

land or building or both in the area specified

in the development right certificate;"

(7) after clause (13), the following clauses shall

be inserted, namely:—

"(13-A) "final Scheme" means, a final Scheme

relating to the Town Planning Scheme as

approved by the Government;

(13-B) "Floor Area Ratio" means, the

quotient obtained by dividing the total covered

area (plinth) on all the floors excepting the areas

specifically exempted by Notification by the plot

area, i.e.,

Total covered area on all

floors

Floor Area Ratio =

Plot area;"

(8) after clause (14), the following clauses shall

be inserted, namely:—

1084 LA GAZETTE DE L'ETAT [PART–II

"(14-A) "heritage building" means, and includes any building of one or more premises or any part thereof and / or structure and / or artifact which requires conservation and/or preservation for historical and / or architectural and / or artisanry and / or aesthetic and / or cultural and / or environmental and / or ecological purpose and includes such portion of land adjoining such building or part thereof as may be required for fencing or covering or in any manner preserving the historical and / or architectural and / or aesthetic and / or cultural value of such building ;

(14-B) "heritage committee" means, the State Level Heritage Conservation and Advisory Committee constituted by the Government;

(14-C) "heritage precinct" means, and includes any space that requires conservation and / or preservation for historical and / or architectural and / or aesthetic and / or cultural and/or environmental and / or ecological purpose. Walls or other boundaries of a particular area or place or building or may enclose such space by an imaginary line drawn around it;

(14-D) "highway" has the same meaning as in section 4 of the National Highways Act, 1956 (Central Act XLVIII of 1956);"

(9) after clause (16), the following clause shall

be inserted, namely:—

"(16-A) "infrastructure and amenities charges" means, fee levied on the institution of use or change of use of any land or building or development of any land or building to meet the impact of development and to cover the cost of providing capital facilities needed to serve the development;" 1085

PART–II] LA GAZETTE DE L'ETAT

(10) after clause (21), the following clauses shall

be inserted, namely:—

"(21-A) "major street" means, a main street

connecting different localities;

(21-B) "Master Plan" means, a comprehensive

development plan prepared as per the Act in

the name of interim, comprehensive, detailed or

the Town Planning Scheme for a local planning

area covering the whole area or part thereof or

a joint planning area as the case may be,

conceived within the framework of the

perspective plan, if any, providing long-term

policies, programmes and detailed proposals for

spatial development of such area indicating the

manner in which the use of land and

development therein shall be carried out;

(21-C) "means of access" includes any

means, of passage, whether private or public,

for vehicles or for pedestrians and includes any

street;

(21-D) "Member-Secretary" means, the

Senior Town Planner appointed to the Planning

Authority as per section 10-A;

(21-E) "mitigation" means, the measures

taken in advance of a disaster aimed at

decreasing or eliminating its impact on society

and on environment including preparedness

and prevention.

(21-F) "national highway" means, any

Central Act XL VIII of 1 9 5 6 .

highway declared to be a national highway

under section 2 of the National Highways Act,

1956;

1086 LA GAZETTE DE L'ETAT [PART–II

(21-G) "natural disaster" means, a serious disruption of the functioning of a Society, causing widespread human, material or environmental losses caused due to earthquake, cyclone, flood or landslide which exceeds the ability of the affected society to cope up using only its own resources;

(21-H) "natural hazard prone areas" means,

areas likely to have,—

(i) moderate to very high damage risk

zone of earthquake, or

(ii) moderate to very high damage risk

of cyclones, or

(iii) significant flood flow or inundation,

or

(iv) landslide potential or proneness, or

(v) one or more of these hazards;"

(11) after clause (22), the following clause shall

be inserted, namely:—

"(22-A) "Notification" means, a Notification

published in the Official Gazette;"

(12) after clause (23), the following clause shall

be inserted, namely:—

"(23-A) "operational construction" means, any construction whether temporary or permanent which is necessary for operations, maintenance, development or execution of services essential to the life of the community by the Government;"

(13) after clause (26), the following clauses shall

be inserted, namely:—

(26-A) "Preliminary Scheme" means, a preliminary Scheme relating to a Town Planning Scheme prepared by the Designated Officer;

1087

PART–II] LA GAZETTE DE L'ETAT

(26-B) "premium or purchasable Floor Area

Ratio" means, additional Floor Area Ratio

permitted over and above the ordinary Floor

Area Ratio on payment of premium, as may be

prescribed;

(14) after clause (30), the following clauses shall

be inserted, namely:—

"(30-A) "railway" has the same meaning as

in clause (31) of section 2 of the Indian

Railways Act, 1989 (Central Act 24 of 1989);

(30-B) "reconstituted plot" means, the

alteration of plots by the making of a

development plan otherwise than by the

severance of the land used, allotted or reserved

for any public purpose or a plot which is in any

way altered by making the Town Planning

Scheme;

(30-C) "reconstruction of a building"

includes,—

(a) the re-erection, wholly or partially of

a building after more than one half of

its cubical contents has been taken

down or burnt down or has fallen

down whether at one time or not;

(b) the re-erection, wholly or partially, of

any building of which an outer wall

has been taken down or burnt down

or has fallen down to or within three

metres of the ground adjoining the

lowest storey of the building, and of

any frame building which has so far

been taken down or burnt down or

has fallen down as to leave only the

framework of the lowest storey;

1088 LA GAZETTE DE L'ETAT [PART–II

(c) the conversion into a dwelling house,

or a place of public worship of any

building not originally constructed

for human habitation or for public

worship, as the case may be, or the

conversion into more than one

dwelling-house of a building

originally constructed as one

dwelling-house only or the

conversion of dwelling-house into

factory;"

(d) the re-conversion into a dwelling-

house or a place of public worship or

a factory of any building—

(i) the use whereof as a dwelling-

house or a place of public

worship or a factory has been

discontinued; or

(ii) which has been appropriated for

any purpose other than for use as

a dwelling-house or a place of

public worship or a factory;"

(15) after clause (33), the following clause shall

be inserted, namely:—

"(33-A) "ring road" means, any highway

connecting different parts within the planning

area in a ring or circular fashion;"

(16) for clause (35), the following clause shall

be substituted, namely:—

"(35) "Scheme" means, a Town Planning

Scheme prepared under the Act, and includes

a plan or plans, together with the descriptive

matter, if any, relatively to such a Scheme;" 1089

PART–II] LA GAZETTE DE L'ETAT

(17) after clause (37), the following clause shall

be inserted, namely:—

"(37-A) "Town Planning Scheme" means, the

Scheme in which land owned by the individual

or a group of individuals are pooled together

and developed by the Planning Authority and

part of such developed land is transferred to

the original owner and the remaining part of

such land is used for establishing common

facilities and amenities or for sale;"

"(37-B) "Transfer of Development Rights"

means, compensation in the form of additional

Floor Area Ratio or development rights, which

shall entitle the owner for construction of

additional built-up area, subject to such rules

and regulations as the Government or an

Authority under this Act may prescribe and the

Floor Area Ratio credit shall be issued in such

form as may be prescribed."

3. In the principal Act, in sub-sections (3) and (4)

Amend ment of Section 3.

of section 3, for words, "Senior Town Planner", the

words, "Chief Town Planner," shall be substituted.

4. In the principal Act, the title of Chapter-III, for

the words, "Senior Town Planner", the words "Chief

Amend ment of T i t l e i n Ch apter-III.

Town Planner," shall be substituted.

5. In the principal Act, in sub-section (5) of Amend ment of Section 8.

section 8, for the existing words figures and numbers,

"sub-section (1) of section 4 of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013" and "section 6",

the words figures and numbers "section 11 of the Right

to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013

and section 19", shall be substituted, respectively.

Central Act 30 o f 2 0 1 3 .

1090 LA GAZETTE DE L'ETAT [PART–II

Amend ment of section 10.

6. In the principal Act, in section 10, for the words "Senior Town Planner", the words "Chief Town Planner", shall be substituted.

Amend ment of section 11.

7. (i) In the principal Act, in section 11, after the existing sub-section (1), the following sub-section shall be inserted, namely: -

"(1-A) As soon as may be, after constitution of the Planning Authority, the Government shall, by Notification in the Official Gazette, appoint a Senior Town Planner for each of the Planning Authority called the "Member-Secretary" of the Planning Authority for the purpose of carrying out the functions assigned to him to this Act, Rules and Regulations made there under."

(2) In clause (ii) of sub-section 2 of the section 11, of the words "the Senior Town Planner or any other officer of the Town and Country Planning Department, who shall be", shall be deleted."

8. (1) In the principal Act, after the sub-clause (d) of clause (i) of sub-section (1) of section 12, the following shall be inserted, namely:—

Amend ment of section 12 and i n s e r t i o n o f s e c t i o n 1 2 - A , 12-B and 12-C.

(e) "a Town Planning Scheme."

(2) After the section 12, the following sections

shall be inserted, namely:—

"12-A. The Planning Authority with the approval of the Committee and the Town and Country Planning Board, and by Order of the Government entrust to any Local Authority as may be specified in such Order, the work of execution of any Master Plan prepared by it.

12-B. The Planning Authority with the approval of the Committee and the Town and Country Planning Board, by Order of the

Government, authorize any Local Authority or 1091

PART–II] LA GAZETTE DE L'ETAT

other Authority or third-party expertise as may be specified in such Order, to exercise any of the powers vested in it or under this Act and may in the like manner withdraw such Authority; and the exercise of any power delegated in this behalf shall be subject to such restrictions and conditions as may be specified in such Order.

12-C. The Planning Authority with the approval of the Government may levy and collect necessary fees / charges to carry out its functions. The fees / charges collected shall be utilized as per this Act and as may be prescribed."

Amend ment of Section 18.

9. (1) In the principal Act, in sub-sections (2) and (3) of section 18, for the words, "Senior Town Planner", the words "Chief Town Planner", shall be substituted.

(2) The sub-section (6) of section 18, shall be

substituted with the following, namely: -

Central Act 30 o f 2 0 1 3 .

"(6) Proceedings under this section and section 19 shall be deemed and have the same effect as proceedings under section 15 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013".

Amend ment of Section 20.

10. In the principal Act, in sub-sections (1) and (2) of section 20, for the existing words "Senior Town Planner", the words "Chief Town Planner", shall be substituted.

In s e r t i o n o f clauses in section 2 1 .

11. In the principal Act, in sub-section (2) of section 21, after the clause (d), the following clause shall be inserted, namely:—

(e) include zones and regulations for premium or purchasable floor area ratio, transfer of development rights and implementation of the Scheme." 1092 LA GAZETTE DE L'ETAT [PART–II

Amend ment of section 23.

12. In the principal Act, in sub-sections (1) and (2) of section 23, for the words "Senior Town Planner", the words "Chief Town Planner", shall be substituted.

Amend ment of section 29.

13. In the principal Act, in sub-sections (1) and (2) of section 29, for the words "Senior Town Planner", the words "Chief Town Planner", shall be substituted.

Amend ment of section 31.

14. In the principal Act in sub-section (2) of section 31, for the words "Senior Town Planner", the words "Chief Town Planner", shall be substituted.

Amend ment of section 33.

15. In the principal Act, for sub-section (5) of section 33, the following sub-section shall be substituted, namely:—

"(5) The Notification under this section shall be deemed and has the same effect as a declaration under section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

16. In principal Act, for section 34A, the following

Amend ment of section 34. shall be substituted, 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. The Government may also delegate powers to the Planning Authority for modification of land use for certain parcels of land as prescribed in the regulations notified by the Government.

(2) Any modification in the land use zonal classification Plans shall be made only in accordance with the regulations notified by the Government.

(3) The Planning Authority shall levy such fees and charges as may be prescribed in the rule notified under in sub-section (2).

1093

PART–II] LA GAZETTE DE L'ETAT

(4) Any person changed his land use

without following the rules notified under

sub-section (2), penalty shall be imposed as per

the rule notified by the Government time to

time.

17. In the principal Act, after section 37, the

following sections shall be inserted, namely:—

In s e r t i o n o f s ec t ion s 3 7 -A, 37-B and 37-C.

"37-A. Levy of premium charges for grant of

premium or purchasable Floor Area Ratio.— (1) The

Planning Authority may grant permission for premium

or purchasable Floor Area Ratio in the areas identified

for the purpose in the zonal regulation of the Master

Plan or in the areas prescribed by the Government from

time to time;

(2) Where an application is made for grant

of permission for utilization of premium or

purchasable floor area ratio for the development

of a building under section 37, the Planning

Authority may levy premium charges at such

rates, as may be prescribed by the Government

from time to time, for grant of premium or

purchasable Floor Area Ratio.

37-B . Trans fer of de velopment ri ghts.—

(1) Where any area is required for a public purpose and

the owner of any site or land which comprises such

area, surrenders it free of cost and handed over

possession of the same to the Planning / Local

Authority free from encumbrances, or maintains the land

or restricts development on the land as per the

requirement of the Government, the Planning Authority

may permit the transfer of development rights in

proportion to the land area surrendered or the

restrictions placed on developments in the manner

prescribed;

1094 LA GAZETTE DE L'ETAT [PART–II

(2) The development rights so permitted under sub-section (1) may be utilized either on the remaining portion of the area after the surrender if feasible, or at any other location in the Union Territory equivalent in value of land, subject to such conditions as may be prescribed, either by the person surrendering the land or suffering the restriction or any other person to whom the original allottee of the development rights has transferred such rights.

37-C. Value Capturing Finance (VCF).—The Planning Authority to raise or meet resources by tapping a share of increase in value of land and other properties like buildings resulting from public investments and policy initiatives, in the identified area of influence shall implement Value Capture Financing technique in any form in the manner as prescribed by the Government from time to time."

Amend ment of section 38.

18. In me Principal Act, in sub-section (4) of section 38, for the words "Senior Town Planner", the words "Chief Town Planner", shall be substituted.

Amend ment of section 41.

19. In the Principal Act, in sub-section (3) of section 41, for the words "Senior Town Planner", the words "Chief Town Planner", shall be substituted.

Amend ment of section 42.

20. In the he Principal Act, in sub-section (2) of section 42, for the words "Senior Town Planner", the words "Chief Town Planner", shall be substituted.

Amend ment of section 47.

21. In the Principal Act, for the clause (iii) of sub-section (2) of section 47, the following shall be substituted, namely:—

"(iii) any matter related to preservations and conservations of historical, architectural, environmental, ecological or heritage purpose or other matters which

is to be or as may be prescribed." 1095

PART–II] LA GAZETTE DE L'ETAT

22. In the Principal Act, in section 54, for the Amend ment of Section 54.

words "Senior Town Planner", the words "Chief Town

Planner" shall be substituted.

23. In me Principal Act for me existing sub-section (2)

Amend ment of Section 56.

of section 56, the following shall be substituted,

namely:—

(2) All permit charges payable in respect of any

land or building by any person shall, together with

interest at the rate of six percent per annum upon any

amount outstanding up to the date of realization, be

recoverable from such person or his successor in

interest in such a land or building as on arrears of land

revenue."

24. m me Principal Act, after the existing

Section 56, the following sections shall be inserted,

namely:—

In s e r t i o n o f s ec t ion s 5 6 -A, 56-B, 56-C, 56-D and 56-E.

"56-A. Levy of infrastructure and amenities

charges.— (1) The Planning Authority while according

building permit under this Act, shall levy charges on

the institution of use or change of use of land or

building or development of any land or building in the

whole area or any part of the Planning area so as to

meet the impact of development and for ensuring

sustainable development of urban and rural areas by

providing adequate infrastructure and basic amenities

at the rates as determined in accordance with such

procedure as may be prescribed which shall not be less

than minimum and not more than the maximum as may

be prescribed, and different rates may be prescribed for

different parts of the Planning area and for different

uses.

(2) The infrastructure and amenities charges

shall be leviable on any person who undertakes

or carries out any such development or

institutes any use or changes any such use.

1096 LA GAZETTE DE L'ETAT [PART–II

(3) The collection of the infrastructure and amenities charges shall be made in such manner as may be prescribed.

56-B. Constitution of State Infrastructure and Amenities Fund.— (1) The Government may constitute a fund called "Infrastructure and Amenities Fund" to provide adequate infrastructure and basic amenities so as to meet the impact on development and for ensuring sustainable development of urban and rural area.

(2) The infrastructure and amenities charges levied under section 56-A shall be credited to this fund.

(3) The fund shall be operated, utilized and maintained in such manner as may be prescribed.

56-C. Levy of shelter charges.— (l) The Planning Authority, while according permission under this Act, shall levy charges on the institution of use or change of use of land or building or development of any land or building in the whole area or any part of the planning area so as to contribute towards cost of providing affordable housing to the poor in urban areas, at the rates as determined in accordance with such procedure as may be prescribed which shall not be less than the minimum and not more than the maximum as may be prescribed, and different rates may be prescribed for different parts of the Planning area and for different uses.

(2) The shelter charges shall be leviable on any person who undertakes or carries out any such development or institutes any use or changes any such use.

(3) The collection of the shelter charges shall be made in such manner as may be prescribed.

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56-D. Constitution of State Shelter Fund.— (1) The Government may constitute a fund called "Shelter Fund" to provide for affordable housing to the poor in urban areas.

(2) The shelter charges levied under section

56C shall be credited to this fund.

(3) The proceeds from other sources as approved by the Government shall also be credited to this fund.

(4) The fund shall be operated, utilized and maintained in such manner as may be prescribed.

56-E. Collection of any other charges.—(1) For the purpose of conservation or preservation of areas and structures related to historical and / or heritage and / or architectural and / or aesthetic and / or cultural significance, the Planning Authority may collect any other charges as approved by the Government from time to time.

(2) The Planning Authority shall operate, utilize and maintain the fund so collected in such manner as may be prescribed."

In s e r t i o n o f Chapter – X-A and sections.

25. In the principal Act, after Chapter – X, the following Chapter and sections shall be inserted, namely:—

"CHAPTER – X-A

TOWN PLANNING SCHEME

56-F. Declaration of intention to make a Town Planning Scheme.— (1) The Planning Authority may, by notification, for the purpose of development of any area within its jurisdiction in an orderly holistic manner, declare its intention to make a Town Planning Scheme (hereinafter in this Chapter referred to as the Scheme)

for that area:

1098 LA GAZETTE DE L'ETAT [PART–II

Provided that the Planning Authority shall

obtain prior approval of the Government before

notification of such declaration:

Provided further that any appropriate

Planning Authority shall send such proposal to

the Government through the Chief Town

Planner, Town and Country Planning

Department:

Provided also that the Planning Authority

may adopt, with or without any modification,

the Scheme as proposed by any Government

Department, Company or Public Sector

Undertaking or Statutory Body owned or

controlled by the Government or the Central

Government or Co-operative Societies or by

seventy per cent of the land owners in the

Scheme area:

Provided further that where any Scheme is

not made for any specific areas, adjacent to any

Scheme, the owners or the lands of such area,

may make a request to the Planning Authority

to make a Scheme.

(2) A Scheme may be made in accordance

with the provisions of this Act in respect of any

land which is —

(i) in the course of development;

(ii) likely to be used for residential or

commercial or industrial or for

building purposes; or

(iii) already built upon.

Explanation.— For the purpose of this

sub-section, the expression "land likely to be

used for building purposes" shall include any 1099

PART–II] LA GAZETTE DE L'ETAT

land likely to be used as, or for the purpose of

providing open spaces, roads, streets, parks,

pleasure or recreation grounds, parking spaces

or for the purpose of executing any work upon

or under the land incidental to the Scheme,

whether in the nature of a building work or not.

(3) The declaration under sub-section (1)

shall be published by the Planning Authority

in such manner as may be prescribed, by

notification in the Official Gazette and in two

leading daily newspapers in that area of which

one shall be in Tamil / Malayalam / Telugu

(respective region) and such notification shall

contain such particulars as may be prescribed

and specify the time and place where a plan

showing the boundaries of the proposed

Scheme area may be inspected by the public.

56-G. Power of the Government to require

appropriate Planning Authority to make a Scheme.—

Notwithstanding anything contained in section 56-F, the

Government may direct the Planning Authority to make

a Scheme for any specific area and submit for their

approval. In such cases, the Planning Authority shall

proceed further for declaration of the intention of the

Scheme under section 56-F and for preparation of the

Scheme as provided in this Chapter.

56-H. Restrictions on Land Development

Work.— (1) On or after the date of publication of

declaration of the intention to make a Scheme under

section 56-F, no person shall within the area covered

under the Scheme, carry out any development work

without obtaining permission from the Planning

Authority:

1100 LA GAZETTE DE L'ETAT [PART–II

Provided that on or after the date of

publication of the approved Draft Scheme, the

Planning Authority may, in consultation with

the Designated Officer, grant permission to any

Department of the Government, Public Sector

Undertaking or a Statutory Body owned or

controlled by the Government or the Central

Government to carry out any development

work:

Provided further that any other person may

also apply for permission in the form and in the

manner as may be prescribed, to carry out any

development work after publication of the

approved draft Scheme.

(2) On receipt of an application for

permission to carry out any development work

in the Scheme area, the Planning Authority

shall send a written acknowledgement therefor.

(3) The Planning Authority, after consultation

with the Designated Officer, may grant

permission to carry out the development work

within the Scheme area, having regard to the

purpose for which the permission is required

and the suitability of the place for such

purpose and subject to such conditions as it

may deem fit, or refuse to grant permission

stating the reason therefor:

Provided that any such condition shall be in

accordance with the approved draft Scheme.

(4) If any person contravenes the provisions

of sub-section (1) or any condition imposed

under sub-section (3), the Planning Authority

may direct such person by notice in writing to

stop the work in progress, and after making an

inquiry in the prescribed manner, remove, pull 1101

PART–II] LA GAZETTE DE L'ETAT

down, or alter any building or other development

and restore the land or building in respect of

which such contravention is made, to its

original condition.

(5) The restrictions imposed in this section

shall cease to operate in the event of lapse of

declaration of intention under sub-section (2)

of section 56-N or on the publication of the

preliminary Scheme under sub-section (2) of

section 56-T or on withdrawal of the Scheme

under section 56-Z.

(6) Notwithstanding anything contained in

sub-section (1), after publication of the draft

Scheme under sub-section (1) of section 56-N,

the Planning Authority may carry out any

development work within the Scheme area for

the purposes of the Scheme.

(7) The provisions of this section shall not

apply to any operational construction

undertaken by the Central Government or the

Government.

Explanation.— "operational construction"

means, any construction whether temporary or

permanent, which is necessary for the

operation, maintenance, development, or

execution of any of the following services,

namely:—

(a) Railways;

(b) National Highways;

(c) National Waterways;

(d) Major Ports;

(e) Airways and Aerodromes;

1102 LA GAZETTE DE L'ETAT [PART–II

(f) Posts, Telephones, Wireless,

Broadcasting and other like forms of

communication;

(g) Regional grid for electricity;

(h) Defence;

(i) Metro Rail;

(j) Minor Ports; or

(k) any other service which the

Government is of the opinion that the

operation, maintenance, development

or execution of such service is

essential to the life of the community,

by notification, declare to be a

service for the purposes of this

clause;

(8) For removal of doubts, it is hereby

declared that,— (i) new residential buildings

(other than gate lodges, quarters for limited

essential operational staff and the like), roads

and drains in railway colonies, hotels, clubs,

institutes and schools, in the case of railways;

and

(ii) a new building, new structure or new

installation or any extension thereof, in the case

of any other service, shall not be deemed to be

an operational construction.

56-1. Appointment of Designated Officer.—

(1) Within one month from the date of publication of

declaration of intention under sub-section (1) of section

56-F, the Government shall appoint an Officer not lower

in rank than that of the Senior Town Planner of the Town

and Country Planning Department as the Designated

Officer, for the purposes of the Scheme.

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(2) The Government may, if it thinks fit, at any time remove, on the ground of incompetence or misconduct or any other good and sufficient reason a Designated Officer appointed under this section and shall forthwith appoint another person in his place and any proceeding pending before Designated Officer immediately before the date of his removal shall be continued and disposed of by the newly Designated Officer appointed in his place:

Provided that no Designated Officer shall be removed under this sub-section except after an inquiry in which he has been informed of the charges against him and a reasonable opportunity of being heard in respect of those charges has been given to him.

(3) Subject to the provisions of sub-section (2), a Designated Officer appointed under sub-section (1) for the purpose of any Scheme shall cease to hold office with effect from the date on which the final Scheme is sanctioned under section 56-X.

56-J. Duties of the Designated Officer.— The

duties of the Designated Officer are,—

(i) to involve with the Planning Authority, in the examination of objections and suggestions received on the draft Scheme;

(ii) to prepare the Preliminary Scheme and the

Final Scheme;

(iii) to give notice in the prescribed manner and in the prescribed form to the persons affected by the Scheme, define and demarcate the areas allotted to, or reserved for, any public purpose, or for a purpose of the Planning Authority and the final plots;

1104 LA GAZETTE DE L'ETAT [PART–II

(iv) to give notice as aforesaid, determine the

period within which the works provided in the

Scheme shall be completed by the appropriate

Authority;

(v) to provide for the total or partial transfer

of any right in an original plot to a final plot or

provide for the transfer of any right in an

original plot in accordance with the provisions

of section 56-AF;

(vi) to fix the difference between the total of

the values of the original plots and the total of

the values of the plots included in the Scheme

in accordance with the provisions of clause (f)

of sub-section (1) of section 56-AB;

(vii) to determine whether the areas used,

allotted or reserved for a public purpose or

purposes of the appropriate Authority are

beneficial wholly or partly to the owners or

residents within the area of the Scheme;

(viii) to estimate the portion of the sums

payable as compensation on each plot used,

allotted or reserved for a public purpose or for

the purpose of the appropriate Authority which

is beneficial partly to the owners or residents

within the area of the Scheme and partly to the

general public, which shall be included in the

costs of the Scheme;

(ix) to calculate the contribution to be levied

under sub-section (1) of section 56-AD, on each

plot used, allotted or reserved for a public

purpose or for the purpose of the appropriate

Authority which is beneficial partly to the

owners or residents within the area of the

Scheme and partly to the general public;

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PART–II] LA GAZETTE DE L'ETAT

(x) to determine the amount of exemption, if any, from the payment of contribution that may be granted in respect of plots exclusively occupied for religious or charitable purposes;

(xi) to estimate the increment to accrue in respect of each plot included in the Scheme in accordance with the provisions of section 56-AC ;

(xii) to estimate the amount to be collected from or to be paid to the land owners as per section 56-V, 56-AD, 56-AE, 56-AJ and 56-AC;

(xiii) to determine the compensation amount payable to the land owners as per section 56-V, 56-AD and 56-AI;

(xiv) to draw in the prescribed form the preliminary and the final Scheme in accordance with the draft Scheme;

(xv) to be present at the proceedings before

the Board of appeal; and

(xvi) for such other matters as may

be prescribed.

Provided that the Designated Officer may make variation from the draft Scheme, but no such variation, if it is to involve an increase often percent in the cost of the draft Scheme of the Planning Authority, shall be made except with the previous sanction of the Government.

56-K. Certain decisions of the Designated Officer to be final.— (1) Every decision of the Designated Officer in matters, other than estimation of costs, estimation of the amount payable to or by the owners, determination of the compensation payable to the owners and transfer of development rights shall be

final and binding on all concerned;

1106 LA GAZETTE DE L'ETAT [PART–II

(2) On the request of the Planning Authority, the Designated Officer may split up the draft Scheme in to different sections and to deal with each section separately as if such section were a separate draft Scheme.

56-L. Disputed ownership.— (1) Where there is a disputed claim to the ownership of any land or building included in an area in respect of which the declaration of intention to prepare a Scheme has been made, and any entry in the revenue records or mutation relevant to such disputed claim is inaccurate or inconclusive, on the request of the Planning Authority or the Designated Officer, at any time before the Scheme is made, the Government may cause an inquiry to be made by such Officer, within such time, as may be prescribed, for the purpose of including such land or building in the Scheme area, unless the civil Court or the Authority, otherwise directs and the Order or decision of the civil Court or Authority thereon shall bind the Planning Authority or the Designated Officer.

(2) Where any Decree is passed by the civil Court, after the Final Scheme has been approved by the Government under section 56- X, such Final Scheme shall be deemed to have been suitably varied to the extent of such Decree.

56-M. Contents of Draft Scheme.— The draft Scheme may provide for all or any of the following matters, namely:—

(a) the area, ownership and tenure of such

original plot;

(b) laying out or re-laying out, of land, either vacant or already built upon, as building sites;

(c) construction, diversion, extension, alteration, improvement or closure of lanes, streets, roads and communications;

1107

PART–II] LA GAZETTE DE L'ETAT

(d) construction, alteration, removal or

demolition of buildings, bridges and other

structures;

(e) redistribution of boundaries and

reconstitution of plots belonging to owners of

properties in the Scheme area;

(f) disposal by sale, exchange, lease or

otherwise of land acquired or owned by the

Planning Authority;

(g) transport facilities;

(h) water-supply;

(i) lighting;

(j) drainage, inclusive of sewerage and of

surface drainage and sewage disposal;

(k) allotment or reservation of land for

streets, roads, squares, houses, buildings for

religious or charitable purpose, open spaces,

gardens, recreation grounds, schools, markets,

shops, factories, hospitals, dispensaries, public

buildings and public purposes of all kinds and

defining and demarcating of the reconstituted

plots or the areas allotted to or reserved for the

above-mentioned purposes;

(l) demarcation of places or objects and

buildings of archaeological or historical interest

or natural scenic beauty or used for religious

purposes or regarded by the public with

veneration, or protection of canal, tank or river

sides, coastal areas and other places of natural

or landscape beauty;

(m) imposition of conditions and restrictions

in regard to the character, density, architectural

features and height of buildings, building or 1108 LA GAZETTE DE L'ETAT [PART–II

control lines for roads, railway lines and power

supply lines and the purposes for which

buildings or specified areas may or may not be

appropriated and the provision and

maintenance of sufficient open spaces, the

discontinuance of objectionable uses of lands

in any area in specified periods, parking spaces,

loading and unloading spaces for any building

and the sizes or locations of projections and

advertisement signs;

(n) filling up or reclamation of low lying,

swampy or unhealthy areas, or leveling up of

land;

(o) layout of new streets or roads,

construction, diversion, extension, alteration,

improvement and closing up of streets and

roads and discontinuance of utility connections,

communication lines, etc.;

(p) allotment of land to the extent of not

more than forty per cent of the total area

covered under the Scheme, in the aggregate, for

any or all of the following purposes, namely:—

(i) for roads;

(ii) for parks, play grounds, gardens and

open spaces;

(iii) for social infrastructure such as

school, dispensary, fire and rescue

service and public utilities;

(iv) for sale by the appropriate Planning

Authority for residential, commercial,

institutional or industrial use,

depending upon the nature of

development;

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PART–II] LA GAZETTE DE L'ETAT

(v) reservation of land up to the extent

often per cent of the total area

covered under the Scheme, in the

aggregate, for the purpose of

providing housing accommodation to

the members of economically weaker

section and for persons

dispossessed of their properties in

the Scheme area:

Provided that the proceeds from the sale of

land referred to in sub-clause (iv) shall be used

for the purpose of providing infrastructural

facilities and payment of compensation as per

the Final Scheme;

(q) returning reconstituted plots to the

extent of not less than sixty per cent or for

providing compensation in accordance with the

Final Scheme; and

(r) for such other matters as may be

prescribed.

Explanation.— For the purpose of this

Chapter, 'reconstituted plot' means, a plot

which is in any way altered by the making of

the Scheme and includes alteration of

ownership of a plot.

56-N. Making and publication of the Draft

Scheme.— (1) Within nine months from the date of

publication of the declaration of the intention to make

a Scheme under section 56-F, the Planning Authority

shall, in consultation with the Designated Officer, make

a draft Scheme for the Scheme area and publish the

same in the Official Gazette, along with the draft

regulations, if any, for carrying out the provisions of

the Scheme, in such manner as may be prescribed:

1110 LA GAZETTE DE L'ETAT [PART–II

Provided that on a request by the Planning Authority, the Government may, by notification, extend the aforesaid period, for a further period of six months.

(2) If publication of a draft Scheme is not made within the said total period of fifteen months, the declaration of intention to make a Scheme shall lapse:

Provided that any such lapse of declaration shall not prevent the Government from making a fresh declaration at any time in respect of the same area.

56-O. Reconstitution of plots.— (1) In the draft Scheme referred to in section 56-N, the size and shape of every plot shall be determined, so far as may be, to render it suitable for building purposes and where a plot is already built upon, suitable alterations shall be made to the buildings, so as to comply with the provisions of the Scheme.

(2) For the purposes of sub-section (1), the draft Scheme may contain the following proposals, namely:—

(a) to form a final plot by reconstitution of an original plot, by alteration of the boundaries of the original plot, if necessary;

(b) to form a final plot from an original plot by re-adjusting wholly or partly of the adjoining lands;

(c) to provide, with the consent of the owners, that two or more original plots each of which is held in ownership severally or in joint ownership shall hereafter, with or without alteration of boundaries, be held in ownership in common as a final plot;

1111

PART–II] LA GAZETTE DE L'ETAT

(d) to allot a final plot to any owner dispossessed of land in furtherance of the Scheme; or

(e) to pass on the ownership of an original plot from one person to another.

Explanation.— For the purpose of this

Chapter.—

(i) "final plot" means, a plot reconstituted from an original plot and allotted in a Scheme as a final plot;

(ii) "original plot" means, the corresponding plot held in single or joint ownership and numbered to be shown as one single plot by the Planning Authority for the purposes of the Scheme.

(3) Where under clause (m) of section 56-M, the purpose to which buildings or specified areas may not be appropriated have been specified, the buildings shall cease to be used for a purpose other than the purposes specified in the Scheme within such time as may be specified in the final Scheme and the person affected by the provision shall be entitled to compensation from the appropriate Authority in the manner and according to the method prescribed.

56-P. Public consultation to the Draft Scheme.— Any person may, within sixty days from the date of publication of the draft Scheme under section 56-N, submit his objection or suggestion in writing to the Planning Authority. The Planning Authority shall consider such objection or suggestion and may modify the draft Scheme, in consultation with the Designated Officer as it deems fit and submit the same not later than thirty working days to the Government for approval.

1112 LA GAZETTE DE L'ETAT [PART–II

56-Q. Approval of the Draft Scheme by the Government.— (1) The Government may, on receipt of the draft Scheme under section 56-P after making such inquiry as they may deem fit and after consulting the Chief Town Planner or the Planning Authority concerned, as the case may be, not later than three months from the date of its receipt,—

(i) either approve the draft Scheme, with or without modifications and subject to such conditions as they may deem fit; or

(ii) refuse to approve the draft Scheme; or

(iii) return the draft Scheme to the Planning Authority to carry out such modifications and within such period as may be directed, including a direction to include or exclude any land in the Draft Scheme. The Planning Authority, in consultation with the Designated Officer, shall comply with such directions of the Government and re-submit the draft Scheme within one month from the date of receipt of such directions to the Government for approval. (2) As soon as on receipt of the modified draft Scheme from the Planning Authority, the Government not later than six months may approve the draft Scheme and the approved draft Scheme shall be published in the Official Gazette and in two leading daily newspapers in that area (region), of which one shall be in Tamil / M al ayal a m / Tel ugu ( re s p ec t i ve r egi o n) . The approved draft Scheme shall also be placed in the public domain for inspection during the office hours in the Planning Authority and in the office of the Designated Officer.

56-R. Vesting of the land with the Planning Authority.— On expiry of a period of two months from the date of publication of the approved draft Scheme under sub-section (2) of section 56-Q, all lands required 1113

PART–II] LA GAZETTE DE L'ETAT

for the purposes as specified in clauses (g), (h), (i), (j) and (o) of section 56-M, shall vest with the Planning Authority free from all encumbrances. The Planning Authority may take appropriate measures as may be required including eviction, removal of structures or buildings in contravention of the Scheme, locking and sealing and recover the cost incurred therefor, in such manner as may be prescribed, in the said lands for enforcement of the said public purposes:

Provided that such vesting of lands with the appropriate Planning Authority shall not affect the ownership right of the owners of such lands.

56-S. Preparation of the Preliminary Scheme.— (1) The Designated Officer shall, after taking into consideration the objections, if any, received on the approved draft Scheme within a period of nine months from the date of its publication, prepare the Preliminary Scheme as per section 56-J in the prescribed manner and in the prescribed form, after giving notice to the owners of the land in the Scheme area. The Preliminary Scheme shall,-

(a) define and demarcate the areas allotted to, or reserved for, any public purpose, or for the purpose of the appropriate Planning Authority and also demarcate the final plots;

(b) decide the person or persons to whom a final plot is to be allotted and when such plot is to be allotted to persons in common ownership, decide the shares of such persons;

(c) provide for the total or partial transfer of

any right in an original plot to a final plot;

(d) record the rights of secured creditors,

mortgagees, lessees or other persons who claim

to have secured interest in the original plot;

1114 LA GAZETTE DE L'ETAT [PART–II

(e) an estimate of the cost of the Scheme to

be borne by the stakeholders;

(f) specify the period within which the works provided in the Scheme may be completed by

the Planning / Local / appropriate Authority; and

(g) for any other prescribed particulars. (2) The Designated Officer shall submit the

Preliminary Scheme so prepared, through the Planning Authority and the Chief Town Planner,

to the Government for approval.

56-T. Approval of the Preliminary Scheme by

the Government.— (1) On receipt of the Preliminary Scheme, the Government shall, within two months from

the date of its receipt, either approve or approve with such modifications as may be considered necessary or

may return the said Scheme to the Designated Officer to modify the Scheme or to prepare a fresh Scheme, in

accordance with such directions and within such period as the Government may specify in this behalf.

(2) The Preliminary Scheme, as approved by the Government shall be published in the

Official Gazette and in two leading daily newspapers in that area, of which one shall be

in Tamil / Malayalam / Telugu (respective region) and such notification shall state the

place and time at which the said Scheme shall be open to inspection by the public.

(3) Such notification shall fix a date, in which all the liabilities created by the Scheme shall

come into force :

Provided that the Government may from time

to time extend such date, by notification, for such period, not exceeding three months, as it

thinks fit.

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PART–II] LA GAZETTE DE L'ETAT

(4) A notification under sub-section (2) shall be the conclusive evidence that the Preliminary Scheme has been duly made and approved.

56-U. Effect of Preliminary Scheme.— (1) On and after the date on which the Preliminary Scheme is published in the Official Gazette,—

(a) all lands required by the appropriate Planning Authority shall, unless it is otherwise determined in such Scheme, vest absolutely with the appropriate Planning Authority free from all encumbrances; and

(b) all rights in the original plot which have been reconstituted into final plots shall be determined and the final plots shall be subject to the rights of the original land owners, as settled by the Designated Officer.

(2) The Planning Authority shall take such

measures as may be required,—

(a) to enforce the Scheme, including eviction, removal of structures or buildings in contravention of the Scheme, locking and sealing and recover the cost incurred therefor, in such manner as may be prescribed; and

(b) execute any work which it is the duty of any person to execute under the Scheme in any case where it appears that the delay in execution of the work would prejudice the efficient operation of the Scheme and any expenses incurred shall be recovered from the person in default or from the owner of the plot in such manner as may be prescribed, and

(c) no person shall be entitled to

compensation in respect of any damage, loss

or injury resulting from all action taken by the

Planning Authority under the provision of the 1116 LA GAZETTE DE L'ETAT [PART–II

section except in respect of the building or work

began before the date referred to in sub-section

(3) of section 56-T and only in so far as such

building or work has proceeded until that date:

Provided that any claim to compensation

which is not barred by these sub-section shall

be subject to the condition of any agreement

entered between the claimant and the Planning

Authority;

(d) to carry out mutation in the records of

the Revenue, Survey and Settlement and

Registration Departments as per the allotment

of the final plots including plots reserved for

public purposes, made in the Preliminary

Scheme.

56-V. Preparation of the Final Scheme.—

(1) The Designated Officer shall, after publication of the

Preliminary Scheme in the Official Gazette of Puducheny

within a period of nine months therefrom, prepare the

Final Scheme in the manner specified hereunder:—

(a) estimate the value of the original plots

and fix the difference between the values of the

original plots and the values of the final plots

in the Scheme area, in the manner prescribed;

(b) determine whether the areas allotted or

reserved for public purposes or for

development by the Planning Authority are

beneficial wholly or partly to the land owners

or residents in the Scheme area;

(c) estimate in the manner prescribed, the

sums payable as compensation on each plot

used, allotted or reserved for a public purpose

or for the purpose of the Planning Authority, 1117

PART–II] LA GAZETTE DE L'ETAT

which is beneficial partly to the owners or

residents within the Scheme area and partly to

the general public, and the compensation so

payable shall be included in the cost of the

Scheme;

(d) estimate the increment in value, in the

manner prescribed, that may accrue in respect

of each plot included in the Scheme area;

(e) calculate the betterment contribution, in

the manner prescribed, to be levied on each

plot in the Final Scheme, in proportion to the

increment in value estimated to accrue in

respect of such plot:

Provided that no betterment contribution

shall be levied in respect of plots exclusively

allotted for religious or charitable purpose;

(f) estimate in the manner prescribed with

reference to the claims made before him for

compensation to be paid to any land owner for

his right prejudicially affected because of the

Scheme;

(g) record the person to whom the final plot

is allotted in accordance with the Preliminary

Scheme in the form and in the manner as may

be prescribed; (h) do such other acts as may

be prescribed.

(2) As soon as on the preparation of the

Final Scheme, the Designated Officer shall

communicate the details including the quantum

of amount arrived at with respect to clauses (a) to (f) of sub-section (1) to the persons concerned and to the Planning Authority before submission of the Final Scheme to the Government for approval.

1118 LA GAZETTE DE L'ETAT [PART–II

56-W. Appeal.— (1) Any person aggrieved by the decision of the Designated Officer communicated under sub-section (2) of section 56-V may, within one month from the date of its receipt, appeal to the Board, in such manner, as may be prescribed.

(2) On receipt of an appeal under sub-section (1), the Board, within a period of two months, dispose of the appeal after giving the Appellant an opportunity of being heard.

(3) Any person aggrieved by the decision of the Board, may within one month from the date of communication of such decision under sub-section (2), appeal to the Government in such form and in such manner as may be prescribed:

Provided that the Government may entertain an appeal made beyond the said period, if they are satisfied that the appellant was prevented by sufficient cause for not making the appeal in time.

(4) On receipt of an appeal under sub-section (3), the Government shall within two months, after giving the appellant an opportunity of being heard, pass such order as they think fit.

56-X. Approval of the Final Scheme by the Government.— (1) On receipt of the Final Scheme from the Designated Officer, the Government shall, within two months from the date of its receipt either approve or approve with such modifications as may be considered necessary. The Designated Officer shall thereafter modify the Scheme, if so directed by the Government and submit it to the Government for approval.

Explanation.— For the purpose of calculating the time-limit of two months, the period during which appeals, if any, were pending before the Board and the Government shall be excluded.

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PART–II] LA GAZETTE DE L'ETAT

(2) The Final Scheme, as approved shall be published in the Official Gazette and in two leading daily newspapers in that area, of which one shall be in Tamil / Malayalam / Telugu (respective region) and such notification shall state the place and time at which the Scheme shall be open to inspection by the public.

(3) A notification under sub-section (2) shall be conclusive evidence that the Final Scheme has been duly made and approved.

56-Y. Variation of Scheme.— (1) After publication of the Final Scheme, if the Planning Authority, either suo motu or on application by a owner of any land in the, Scheme area, considers that the Scheme is defective on account of any error, irregularity or infirmity, it may request the Government for appropriate variation of the Scheme:

Provided that any request for further variation of the Scheme shall not be entertained by the Government.

(2) On receipt of such request from the Planning Authority, the Government may, if satisfied, vary the Scheme by publishing the variation in the Official Gazette and in two leading daily newspapers in that area, of which one shall be in Tamil / Malayalam / Telugu (respective region):

Provided that the use of land allotted for the purposes of parks, playgrounds, gardens and open spaces shall not be changed for any other purpose.

(3) Notwithstanding anything contained in sub-sections (1) and (2), a Final Scheme may be varied or revoked by a subsequent Scheme prepared and approved in accordance with this

Act.

1120 LA GAZETTE DE L'ETAT [PART–II

56-Z. Withdrawal of the Scheme.—

Notwithstanding anything contained in this Chapter, the

Government may by order, for reasons to be recorded,

withdraw any Scheme:

Provided that no such withdrawal shall be

ordered after approval of the Preliminary

Scheme:

Provided further that on such withdrawal of

the Scheme, the lands shall be restored to the

original condition, as it stood on the date of

publication of declaration of the intention

under section 56-F, at the cost of the

Government.

56-AA. Costs of the Scheme.— (1) The costs

of the Scheme shall include—

(a) all sums payable by the Planning

Authority under the provisions of this Act,

which are not specifically excluded from the

costs of the Scheme;

(b) all sums spent or estimated to be spent

by the Planning Authority in the making and

execution of the Scheme:

Provided that the estimates shall be with

reference to the period during which the

preliminary Scheme is to be implemented after

it is sanctioned under section 56-T;

(c) all sums payable as compensation for

land reserved or designated for any public

purpose or for the purposes of the appropriate

Authority which is solely beneficial to the

owners of land or residents within the area of

the Scheme;

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PART–II] LA GAZETTE DE L'ETAT

(d) such portion of the sums payable as

compensation for land reserved or designated

for any public purpose or for the purpose of

the Planning Authority which is beneficial

partly to the owners of land or residents within

the area of the Scheme and partly to the general

public, as is attributable to the benefit accruing

to the owners of land or residents within the

area of the Scheme from such reservation or

designation;

(e) all legal expenses incurred by the

Planning Authority in the making and in the

execution of the Scheme;

(f) any amount by which the total amount of

the values of the original plots exceeds the total

amount of the values of the plots included in

the final Scheme, each of such plots being

estimated at its market value at the date of the

declaration of intention to make a Scheme, with

all the buildings and works thereon at the said

date and without reference to improvements

contemplated in the Scheme other than

improvements due to alteration of its

boundaries;

(g) twenty percent of the amount of the cost

of infrastructure provided in the area adjacent

to the area of the Scheme as is necessary for

the purpose of and incidental to the Scheme.

(2) If in any case the total amount of the

values of the plots included in the final Scheme

exceeds the total amount of the values of the

original plots, each of such plots being

estimated in the manner as provided in clause

1122 LA GAZETTE DE L'ETAT [PART–II

(f) of sub-section (1), then the amount of such

excess shall be deducted in arriving at the costs

of the Scheme as defined in sub-section (1).

56-AB. Calculation of increment.— For the

purpose of this Act, the increments shall be deemed to

be the amount by which at the date of the declaration

of intention to make a Scheme the market value of the

plot included in the final Scheme estimated on the

assumption that the Scheme has been completed shall

exceed at the same date the market value of the same

plot estimated without reference to improvements

contemplated in the Scheme:

Provided that in estimating such value, the

value of the buildings or other works erected

or in the course of erection on such plot shall

not be taken into consideration.

56-AC. Contribution towards cost of the

Scheme.— (1) The costs of the Scheme shall be met

wholly or in part by a contribution to be levied by the

appropriate Authority on each plot included in the final

Scheme calculated in proportion to the increment which

is estimated to accrue in respect of such plot by the

Designated Officer :

Provided that—

(i) (a) where the cost of the Scheme

does not exceed half the increment,

the cost shall be met wholly by a

contribution, and

(b) where it exceeds half the

increment, to the extent of half the

increment it shall be met by a

contribution and the excess shall be

borne by the appropriate Authority;

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PART–II] LA GAZETTE DE L'ETAT

(ii) where a plot is subject to a mortgage

with possession or to a lease, the

Designated Officer shall determine in

what proportion the mortgagee or

lessee on the one hand and the

mortgagor or lessor on the other

hand shall pay such contribution;

(iii) no such contribution shall be levied

on a plot used, allotted or reserved

for a public purpose or for the

purpose of the appropriate Authority

which is solely beneficial to the

owners of land or residents within the

area of the Scheme; and

(iv) the contribution levied on a plot

used, allotted or reserved for a public

purpose or for the purpose of the

appropriate Authority which is

beneficial partly to the owners of land

or residents within the area of the

Scheme and partly to the general

public shall be calculated in

proportion to the benefit estimated to

accrue to the general public from

such use, allotment or reservation.

(2) The owner of each plot included in the

final Scheme shall be primarily liable for the

payment of the contribution leviable in respect

of such plot.

56-AD. Certain amounts to be added to, or

deducted from contribution leviable from a person.—

The amount by which the total value of the plots

included in the final Scheme with all the buildings and

works thereon allotted to a person falls short of or

exceeds the total value of the original plots with all the 1124 LA GAZETTE DE L'ETAT [PART–II

buildings and works thereon of such person shall be deducted from, or, as the case may be, added to, the contribution leviable from such person, each of such plots being estimated at its market value at the date of the declaration of intention to make a Scheme or the date of the notification issued by the Government under section 56-G and without reference to improvements contemplated in the Scheme other than improvements due to the alteration of its boundaries.

56-AE. Transfer of right from the original to final plot or extinction of such right.— Any right in an original plot which in the opinion of the Designated Officer is capable of being transferred wholly or in part, without prejudice to the making of a Scheme, to a final plot shall be so transferred and any right in an original plot which in the opinion of the Designated Officer is not capable of being so transferred shall be extinguished:

Provided that an agricultural lease shall not be transferred from an original plot to a final plot without the consent of all the parties to such lease.

56-AF. Compensation in respect of property or right injuriously affected by the Scheme.— The owner of any property or right which is injuriously affected by the making of a Scheme shall, if he makes a claim before the Designated Officer within the prescribed time, be entitled to be compensated in respect thereof by the appropriate Authority or by any person benefitted or partly by the appropriate Authority and partly by such person as the Designated Officer may in each case determine :

Provided that the value of such property or rights shall be deemed to be its market value at the date of the declaration of intention to make a Scheme or the date of the notification issued by the Government under section 56-G without reference to improvements contemplated in the Scheme, as the case may be.

1125

PART–II] LA GAZETTE DE L'ETAT

56-AG. Exclusion of compensation in certain

cases.— (1) No compensation shall be payable in

respect of any property or private right which is alleged

to be injuriously affected by reason of any provisions

contained in the Scheme, if under any other law for the

time being in force applicable to the area for which such

Scheme is made, no compensation is payable for such

injurious by attached .

(2) Any property or private right shall not

be deemed to be injuriously affected by reason

of any provision inserted in a Scheme which

imposes any conditions and restrictions in

regard to any of the matters specified in clause

(m) of section 56-M.

56-AH. Provision for cases in which the

amount payable to owners exceeds amount due from

him.— If the owner of an original plot is not provided

with a plot in the preliminary Scheme or if the

contribution to be levied from him under section 56-AD

is less than the total amount to be deducted therefrom

under any of the provisions of this Act, the net amount

of his loss shall be payable to him by the appropriate

Authority in cash or in such other manner as may be

agreed upon by the parties.

56-AL Provision for cases in which the amount

is payable by the owner.—(1) If from any cause the total

amount which shall be due to the appropriate Authority

under the provisions of this Act from the owner of a

plot to be included in the final Scheme exceeds the value

of such plot estimated on the assumption that the

Scheme has been completed, the Designated Officer

shall at the request of the appropriate Authority direct

the owner of such plot to make payment to the

appropriate Authority of the amount of such excess.

1126 LA GAZETTE DE L'ETAT [PART–II

(2) If such owner fails to make such payment within the prescribed period, the Designated

Officer shall, if the appropriate Authority so requests, acquire the original plot of such

defaulter and apportion the compensation among the owner and other persons interested

in the plot on payment by the appropriate Authority of the value of such plot estimated

at its market value at the date of the declaration of intention to make a Scheme or the date

of a notification under section 56-G and without reference to improvements contemplated

in the Scheme; and thereupon the plot included in the final Scheme shall vest absolutely with

the appropriate Authority free from all encumbrances but subject to the provisions of

this Act:

Provided that the payment made by the

appropriate Authority on account or the value of the original plot shall not be included in the

costs of the Scheme.

56-AJ. Payment by adjustment of account.—

All payments due to be made to any person by the appropriate Authority under this Act shall, as far as

possible, be made by adjustment in such account with the appropriate Authority in respect of the plot

concerned or of any other plot in which he has an interest and failing such adjustment, shall be paid in

cash or in such other manner as may be agreed upon by the parties.

56-AK. Payment of net amount due to the Planning Authority.— (1) The net amount payable under

the provisions of this Act by the owner of a plot included in the final Scheme may at the option of the

contributor be paid in lump-sum or in annual

installments not exceeding ten.

1127

PART–II] LA GAZETTE DE L'ETAT

(2) If the owner elects to pay the amount by

installments, interest at such rate as is arrived

Central Act No. Z of 1 9 3 4 .

at by adding two percent to the bank rate

published under section 49 of the Reserve

Bank of India Act, 1934, from time to time, shall

be charged per annum on the net amount

payable.

(3) If the owner of a plot fails to exercise the

option on or before the date specified in a

notice issued to him in that behalf by the

appropriate Authority, he shall be deemed to

have exercised the option of paying

contribution in installments and the interest on

the contribution shall be calculated from the

date specified in the notice, being the date

before which he was required to exercise the

option.

(4) Where two or more plots included in the

final Scheme are of the same ownership the net

amount payable by such owner under the

provisions of this Act shall be distributed over

his several plots in proportion to the

increments which is estimated to accrue in

respect of each plot unless the owner and the

appropriate Authority agree to a different

method of distribution.

56-AL. Power of the Planning Authority to

make agreement.— (1) The appropriate Authority shall

be of competent to make any agreement with any

person in respect of any matter which is to be provided

for in a Scheme, subject to the power of the Government

to modify or disallow such agreement and unless, it is

otherwise expressly provided therein, such agreement

shall take effect on and after the day on which the

Scheme comes into force.

1128 LA GAZETTE DE L'ETAT [PART–II

(2) Such agreement shall not in any way

affect the duties of the Designated Officer as

described in Section 56-J or the rights of third

parties but, it shall be binding on the parties

to the agreement notwithstanding any decision

that may be passed by the Designated Officer:

Provided that if the agreement is modified by

the Government, either party shall have the

option of avoiding it, if it so elects.

56-AM. Recovery of arrears.— (1) Any sum

due to the Planning Authority under this Act or any rule

or regulation made thereunder, shall be the first charge

on the final plot on which it is due, subject to payment

of land revenue, if any, due to the Government thereon.

(2) Any sum due to the Planning Authority

under this Act or any rules or regulations made

thereunder, which is not paid on demand, shall

be recovered as an arrear of land revenue.

56-AN. Execution of works in the Scheme

area.— The appropriate Authority shall complete all the

works in the Scheme area within the period stipulated

in the Final Scheme :

Provided that the Government may, on a

request from the appropriate Authority, grant

further period of time not exceeding twice the

stipulated period for completion of the works.

56-AO. Cessation of application of the Local

Body Act.— (1) The Government may direct that any

power or function exercisable by a Local Authority

under a Local Body Act within a Scheme area shall stand

transferred to, and be performed by, the Planning

Authority under the said Act for such period and for

such purposes as may be notified, in relation to such

Scheme.

1129

PART–II] LA GAZETTE DE L'ETAT

Explanation.— For the purpose of this

Section,—

(a) "Local Authority" means,-

(i) any Municipality constituted

under the Puducherry Municipalities

Act, 1973 (No. 9 of 1973);

(ii) any commune Panchayat constituted

under the Puducheny Village and

Commune Panchayats Act, 1973

(No. 10 of 1973);

(2) After expiry of the period notified under

sub-section (1), all assets and facilities such as

public street, drinking water and sewerage

system, street light and such other facilities

created by the Planning Authority or the

Designated Officer in the Scheme area shall

stand vested with the Local Authority".

26. In the principal Act, in section 61, "(1) In Amend ment of Section 61.

sub-sections (1) and (2), for the words "Senior Town

Planner", the words "Chief Town Planner", shall be

substituted; (2) In sub-section (2), for the words

"Development Plan", the words "Master Plan", shall be

substituted;

27. In the principal Act, in section 79, for the Amend ment of Section 79.

words "Senior Town Planner", the words "Chief Town

Planner", shall be substituted.

28. In the principal Act, in sub-section (2) of

section 81,

Amendment and i n s e r t i o n o f Clause in section 8 1 .

"(1) In clause (e), for the "Senior Town

Planner", the words "Chief Town Planner" shall be

substituted;

1130 LA GAZETTE DE L'ETAT [PART–II

(2) The existing clause (h) shall be substituted

with the following, namely:—

"the form and contents of the development

plan and the Scheme and procedure to be

followed in connection with the preparation,

submission and approval of such plans and the

form and the manner of publication of the

notices relating to such plans";

(3) After the clause (i), the following clauses

shall be inserted, namely:—

(ia) the duties of the Designated Officer and

the manner of reconstitution of plots, allotment

of final plots, incorporation of the legal rights

settled in the final Scheme in the Land Registers

of the Revenue Department;

(ib) estimated cost of the scheme, financial

account for the Scheme such as, escrow

account, for the preparation, approval and

effective implementation of the Scheme;

(ic) the specification of particulars of works

or improvements relating to streets or roads

provided for in any development plan that have

to be made or carried out at the expense of the

Planning Authority, the owners of the property,

local body and other authorities;

(id) the procedure to be adopted by the

Planning Authority or any other Authority or

person, in cases where owners commit default

or delay in the carrying out of works or

improvements, for carrying out such works or

improvements and for recovering the cost from

the owners liable therefor;

1131

PART–II] LA GAZETTE DE L'ETAT

(ie) the procedure to be adopted for securing

cooperation on the part of the Planning

Authorities with the owners or persons

interested in property proposed to be comprised

in any development plan by such means as may

be expedient, the summoning, presiding and

procedure of such conferences and all such

matters."

29. In the principal Act, after the section 81, the

In s e r t i o n o f section 81 A.

following section shall be inserted, namely :-

"81 A. Notification.— All the Notifications

issued under this Act shall, unless they are expressed

to come into force on a particular day, come into force

on the day on which they are published."

30 . (1) In Principal Act, in section 82, the section Amend ment of Section 82.

shall be numbered as sub-section (1);

(2) After the sub-section (1) the following

sub-section shall be inserted, namely:—

"(2) The Government may, by notification,

rescind any regulation made under this section and

there upon, the regulation shall cease to have effect."

————

1132 LA GAZETTE DE L'ETAT [PART–II

STATEMENT OF OBJECTS AND REASONS

1. The Town and Country Planning Department has proposed to amend

the principal Act, (i.e.), The Puducherry Town and Country Planning Act, 1969

in a holistic manner to provide provisions for implementation of new planning

tool viz., Land Pooling Area Development Scheme (LPADS), Premium Floor

Area Ratio (PFAR), Transferable Developments Rights (TDR), Conservation

of Heritage buildings, and levy of Infrastructure and Amenities charges,

shelter charges and other charges as detailed below:

(a) Land Pooling Area Development Scheme (LPADS) : It is a Town

Planning Scheme, which pools together all the land under different ownerships

and redistributes it in a properly reconstituted form after deducting the land

required for open spaces, social infrastructures, services, housing for the

economically weaker section, and road network. This process enables the

Government and the Local Authority to develop land without fully acquiring

it and gives it a positive control over the design and the timing of the urban

growth. This method is extensively practiced in the site of Gujarat and

Maharashtra and is widely spreading throughout the Country. The

Government of India also promotes this Scheme.

(b) Transferable Development Rights (TOR) : Transferable

Development Rights (TDR) means an award specifying the Built-Up Area

(BUA) an owner of a site or plot can either sell or utilize - in-situ / elsewhere,

in lieu of the land foregone on account of surrendering / gifting land free of

cost to the Urban Local Bodies (Municipal Body, Planning Authority), required

to be set apart for public purpose as per the Master Plan or for road widening,

recreational use zone, etc. The Award is in the form of a TDR Certificate issued

by the Competent Authority (i.e.) the Planning Authority. The TDR Certificate

inter-alia shall mention the area surrendered and the cost of that area as per

the Guideline value rate. These Certificates are regulated under the building

Bye-Laws or in conjunction with TDR Guidelines framed by the Government

from time-to-time.

(c) Premium Floor Area Ratio (PFAR) : This involve levy of premium

charges for grant of additional Floor Area Ratio over and above the permissible

Floor Area Ratio in the areas identified for this purpose in the Zonal

Regulations of the Master Plan and to increase the resources of the Planning

Authorities.

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PART–II] LA GAZETTE DE L'ETAT

(d) Levy of infrastructure and amenities charges : Every Planning

Authority / Local Authority, while according building permit under this Act,

as the case may be, shall levy charges on the institution of use or change of

use of land or building or development of any land or building in the whole

area or any part of the Planning area so as to meet the impact of development

and for ensuring sustainable development of urban and rural areas by

providing adequate infrastructure and basic amenities at the rates as

determined in accordance with such procedure as may be prescribed which

shall not be less than the minimum and not more than the maximum as may be

prescribed, and different rates may be prescribed for different parts of the

planning area and for different uses.

(2) Therefore, necessary definitions; posts; sections related to land

acquisition, purchase, adjustments; sections related to conservation and

protection of environment & heritage; provision for implementation of Land

Pooling Area Development Scheme, provision for premium Floor Area Ratio,

Transferable Development Rights; provisions for collection of Infrastructure

and Amenities charges, shelter charges, other charges, are proposed in a

holistic manner to the Principal Act, The Puducherry Town and Country

Planning Act, 1969.

(3) The Bill seeks to achieve the above objects.

N. RANGASAMY,

Hon'ble Chief Minister-cum-Minister

(Town Planning).

————

FINANCIAL MEMORANDUM

Clause 17 of the Bill provides for permitting Additional Floor Area Ratio

over and above the ordinary Floor Area Ratio on payment of premium charges

by the proponent / Applicant as may be prescribed and for transfer of

development rights to the land owners who surrender land free of cost to the

Planning Authority required for public purpose and no expenditure is involved.

1134 LA GAZETTE DE L'ETAT [PART–II

2. Clause 24 (56-A) of the Bill provides for Levy of infrastructure and

Amenities charges by the Planning Authority while according building permit

to the promoters on the institution of use or change of use of land or building

or development of any land or building to mobilize additional resources to

meet the impact of development for providing adequate basic amenities and

infrastructure facilities.

3. Clause 24 (56-B) of the Bill provides for constitution of State

Infrastructure and Amenities Fund for crediting the infrastructure and

amenities charges collected by the Planning Authorities. This fund shall be

utilized for the purpose of providing adequate basic amenities and

infrastructure facilities to cope up with the development activities.

4. Clause 24 (56-C) of the Bill provides to levy shelter charges on the

institution of use or change of use of land or building or development of any

land or building in the whole area or any part of the planning area so as to

contribute towards cost of providing affordable housing to the poor in urban

areas and also clause 24 (56-D) of the Bill provides for constitution of shelter

fond, so as to credit the amount so collected for the purpose and to operate.

5. (i) Clause 25 in Chapter X-A of the Bill provides for implementation

of Land Pooling Area Development Scheme, wherein Land pooling or land

re-adjustment is a way of consolidating land for development of projects by

making land owners as partners in development. Land pooling is a unique

assembly strategy that has the advantage of no initial monetary outlay to

purchase the land. Whereas, in land acquisition, Government is exercising their

right to property for public purposes shall pay the land owners fair market

value of the land for acquiring their land.

(ii) Under land pooling, financial risks are pooled and shared between

the original property owners and redevelopment agencies in the pooling

mechanisms (i.e.), the burden is shifted to the land owners to contribute their

land in exchange for a participating interest in the value created by the

development project. Major benefits under the land pooling Scheme for the

land owners is : Increase in Value of land, Non-Displacing Strategy of land

assembly, conversion of irregular land parcels into plots of regular sizes and

shapes, Better Infrastructure. Similarly, the benefits for the Government, 1135

PART–II] LA GAZETTE DE L'ETAT

through this land pooling Scheme is that final plot after reconstituted land is

handed over to the original owner(s) after deducting the cost of the provision

of infrastructure and public facilities by the sale of some of serviced land

under the Scheme. The land owners and development entity share in the risk

and return of the project. The cost recovery and land pays for the

infrastructure and other public facilities and no expenditure is involved.

6. This proposal shall generate more revenue to the Government of

Puducherry which can be utilized for the planned infrastructure development

of the Union territory of Puducherry.

————

MEMORANDUM REGARDING DELEGATED LEGISLATION

The proposal is for effecting amendment to the principal Act (i.e.,)

The Puducherry Town and Country Planning Act, 1969 in a holistic manner

to provide provisions for implementation of new planning tool viz., Land

Pooling Area Development Scheme (LPADS), Premium Floor Area Ratio (PFAR),

Transferable Developments Rights (TDR), Conservation of Heritage buildings,

and levy of Infrastructure and Amenities charges, shelter charges and other

charges are matters in respect of which Notifications may be issued or rule

may be made, in accordance with the aforesaid provisions of the Bill and are

matters of procedure and detail.

2. The delegation of the legislative power is, therefore, of a normal

character.

————

online publication at "https://styandptg.py.gov.in" Published by the Director, Government Press, Puducherry.

Cite this issue. Puducherry Gazette, Government of Puducherry, 22 September 2025. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.puducherry.2025-09-22.extraordinary-ii-issue-74/. Archive identifier in.gazette.puducherry.2025-09-22.extraordinary-ii-issue-74.