[ 1031 ]
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 (Amendment)
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.
Registered with the Registrar
of Newspapers for India under
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
22
Septembre
2025
No.
Puducherry
Monday
22nd
September
2025
(31 Bhadra 1947)
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 :—
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.
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;
Short
tit le,
ext ent
and
commencement.
Definitions.
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
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.
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.
Notification of
D e s i g n a t e d
O f f i c e r s ,
procedure and
chec klist
for
proc essing of
applications.
Application for
Clearance.
1036
LA GAZETTE DE L'ETAT
[PART–II
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.
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:
Dis posal
of
application.
Deemed
Approval.
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.
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;
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
Appeal.
Penalty and
Procedure for
deciding an
Appeal.
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.
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.
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.
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;
A p p e l l a t e
Authority.
Nodal Agency.
Functions of the
Nodal Agency.
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,
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.
Inspection.
1041
PART–II]
LA GAZETTE DE L'ETAT
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.
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.
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.
D e v e l o p i n g
culture to deliver
services within
fixed period.
Supplement.
Prot ection of
action taken in
good faith.
1042
LA GAZETTE DE L'ETAT
[PART–II
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
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,
add to or cancel the Schedule.
Bar of jurisdiction.
Power to make
rules.
Power to amend
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.
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.
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.
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.
22. Notwithstanding anything contained in the
Act, it shall not apply to any other Authority,
Department, Government other than Government
of Puducherry.
Rem oval
of
difficulties.
Power to Exempt.
Act to override
other laws.
Applicability.
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
Transboundary Movement)
complete in all
Rules, 2016 as amended
respects.
time to time.
1045
PART–II]
LA GAZETTE DE L'ETAT
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.
(1)
(2)
(3)
(4)
1046
LA GAZETTE DE L'ETAT
[PART–II
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.
(1)
(2)
(3)
(4)
1047
PART–II]
LA GAZETTE DE L'ETAT
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.
(1)
(2)
(3)
(4)
1048
LA GAZETTE DE L'ETAT
[PART–II
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.
(1)
(2)
(3)
(4)
1049
PART–II]
LA GAZETTE DE L'ETAT
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.
(1)
(2)
(3)
(4)
1050
LA GAZETTE DE L'ETAT
[PART–II
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).
(1)
(2)
(3)
(4)
1051
PART–II]
LA GAZETTE DE L'ETAT
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.
(1)
(2)
(3)
(4)
1052
LA GAZETTE DE L'ETAT
[PART–II
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.
(1)
(2)
(3)
(4)
1053
PART–II]
LA GAZETTE DE L'ETAT
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].
(1)
(2)
(3)
(4)
1054
LA GAZETTE DE L'ETAT
[PART–II
(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].
(1)
(2)
(3)
(4)
1055
PART–II]
LA GAZETTE DE L'ETAT
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.
(1)
(2)
(3)
(4)
1056
LA GAZETTE DE L'ETAT
[PART–II
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.
(1)
(2)
(3)
(4)
1057
PART–II]
LA GAZETTE DE L'ETAT
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.
(1)
(2)
(3)
(4)
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 :—
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.
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;
Short title and
commencement.
Amendment of
section 2.
Act
No. 6 of
2017.
Act
No. 13
of
2017.
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
(4) shall be omitted.
Amendment
of section 12.
1062
LA GAZETTE DE L'ETAT
[PART–II
4. In section 13 of the principal Act, sub-section
(4) shall be omitted.
5. In- section 17 of the principal Act, in sub-section
(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
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;
(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,”
shall be inserted.
Amendment of
section 13.
Amendment of
section 17.
Amendment of
Section 20.
Act
No. 13
of
2017.
Act
No. 13
of
2017.
1063
PART–II]
LA GAZETTE DE L'ETAT
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,—
(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.”.
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.
Amendment of
Section 34.
Amendment of
Section 38.
Amendment of
Section 39.
1064
LA GAZETTE DE L'ETAT
[PART–II
10. In section 107 of the principal Act, in
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
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
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
following section shall be inserted, namely:—
“148A. (1) The Government may, on the
recommendations of the Council, by notification,
specify,-
(a) the goods;
Amendment of
section 107.
Amendment of
section 112.
Pen alty
for
failure to comply
with track and
trace mechanism.
Insertion of new
section 148A.
Track and trace
mechanism for
certain 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,—
(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
Economic Zones Act, 2005.”.
15. No refund shall be made of all such tax which
has been collected, but which would not have been so
collected, had section 14 been in force at all material
times.
Amendment of
Schedule III.
Act
No. 28
of
2005.
No refund of tax
collected.
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
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,
(hereinafter referred to as the Principal Act), section 348
shall be omitted.
3. In the principal Act, for section 355, the
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.
Short title and
commencement.
Amendment of
section 348.
Amendment of
section 355.
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
omitted.
5. In the principal Act, section 378 shall be
omitted.
————
Amendment of
section 356.
Amendment of
section 378.
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
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
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.
Short title and
commencement.
Amendment of
section 121.
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.
4.
(1) In the principal Act, in section 123 in
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.
————
Amendment of
section 122.
Amendment of
section 123.
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 :—
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.
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;
Short title and
commencement.
Amendment of
section 2.
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:—
“(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;
Central
Act No.
18 of
2013
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
highway declared to be a national highway
under section 2 of the National Highways Act,
1956;
Central
Act XL
VIII of
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)
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
Town Planner,” shall be substituted.
5. In the principal Act, in sub-section (5) of
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.
Amendment of
Section 3.
Amendment of
Ti tle
in
Chapter-III.
Amendment of
Section 8.
Central
Act 30
of
2013.
1090
LA GAZETTE DE L'ETAT
[PART–II
6. In the principal Act, in section 10, for the words
“Senior Town Planner”, the words “Chief Town Planner”,
shall be substituted.
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:—
(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
Amendment of
section 10.
Amendment of
section 11.
Amendment of
section 12 and
ins ertion
of
sect ion 12 -A,
12-B and 12-C.
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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.”
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: -
“(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”.
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.
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.”
Amendment of
Section 18.
Amendment of
Section 20.
Ins ertion
of
clauses in section
21.
Central
Act 30
of
2013.
1092
LA GAZETTE DE L'ETAT
[PART–II
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.
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.
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.
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
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).
Amendment of
section 23.
Amendment of
section 29.
Amendment of
section 31.
Amendment of
section 33.
Amendment of
section 34.
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(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:—
“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. Transfer of development rights.—
(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;
Ins ertion
of
sections 37-A,
37-B and 37-C.
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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.”
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.
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.
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.
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.”
Amendment of
section 38.
Amendment of
section 41.
Amendment of
section 42.
Amendment of
section 47.
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LA GAZETTE DE L'ETAT
22. In the Principal Act, in section 54, for the
words “Senior Town Planner”, the words “Chief Town
Planner” shall be substituted.
23. In me Principal Act for me existing sub-section (2)
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:—
“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.
Amendment of
Section 54.
Amendment of
Section 56.
Ins ertion
of
sections 56-A,
56-B, 56-C, 56-D
and 56-E.
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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.”
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:
Ins ertion
of
Chapter – X-A
and sections.
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.
1103
PART–II]
LA GAZETTE DE L'ETAT
(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;
1105
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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(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;
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(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 /
Malayalam / Telugu (respective region).
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
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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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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.
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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;
1121
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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;
1123
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
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LA GAZETTE DE L'ETAT
(2) If the owner elects to pay the amount by
installments, interest at such rate as is arrived
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.
Central
Act No.
Z of
1934.
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
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
words “Senior Town Planner”, the words “Chief Town
Planner”, shall be substituted.
28. In the principal Act, in sub-section (2) of
section 81,
“(1) In clause (e), for the “Senior Town
Planner”, the words “Chief Town Planner” shall be
substituted;
Amendment of
Section 61.
Amendment of
Section 79.
Amendment and
ins ertion
of
Clause in section
81.
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;
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(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
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
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.”
————
Ins ertion
of
section 81 A.
Amendment of
Section 82.
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[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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(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.
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[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,
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online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.
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.
————