TCP Plans 2014
TCP Plans 2014
TCP Plans 2014
Himachal Pradesh
Town and country Planning
Rules, 2014
(Amended upto 2016)
Himachal Pradesh
2
(Authoritative English text of this Department Notification No. TCP-A (3)-1/2014 dated
2014. as required under clause (3) of Article 348 of the Constitution of India)
GOVERNMENT OF HIMACHAL PRADESH
TOWN AND COUNTRY PLANNING DEPARTMENT
No.TCP-A(3)-1/2014
Dated Shimla-2,
2014.
NOTIFICATION
Whereas the draft Himachal Pradesh Town and Country Planning Rules, 2014
were published in the Official Gazette, Himachal Pradesh (Extra Ordinary) vide this department
notification of even number dated 30.7.2014 for inviting objection(s) and suggestion(s) from the
person likely to be affected thereby, as required under sub-section (1) of section 87 of the
Himachal Pradesh Town and Country Planning Act, 1977(Act No.12 of 1977);
And whereas, objection(s) and suggestion (s) have been received within the
stipulated period by the State Government in this behalf and the same have been considered;
Now, therefore, in exercise of powers conferred by section 87 of the Himachal
Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), the Governor, Himachal
Pradesh is pleased to make the Himachal Pradesh Town and Country Planning Rules, 2014 and to
repeal the Himachal Pradesh Town and Country Planning Rules, 1978 published in the Official
Gazette, Himachal Pradesh (Extra Ordinary) dated 6.4.1979, vide Notification No. 9-12/72 PW
(B) dated 19.12.1978, namely:-
CHAPTER-I
PRELIMINARY
Short title and
commencement.
1. (1) These rules may be called the Himachal Pradesh Town and Country Planning Rules,
2014.
(2) They shall come into force from the date of their publication in the Official Gazette.
Definitions.
2. (1) In these rules, unless the context otherwise requires,(a) Act means the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.
12 of 1977) ;
(b) amenity includes roads, water supply, street lighting, drainage, sewerage, public
parks, schools, hospitals, community centers and other community building,
landscaping and any other public utility service;
(c) approved development plan means a plan prepared under the Act and duly
approved by the State Government;
(d) Authority means the Town and Country Development Authority or Special Area
Development Authority, as the case may be, constituted under the Act;
(e) Chief Executive Officer means the Chief Executive Officer of the Authority;
(f) Director means the Director of Town and Country Planning Department,
Himachal Pradesh;
(g) *field office means the Divisional, Sub-Divisional or Town Planning Office of the
Town and Country Planning Department;
(h) form means a form appended to these rules;
(i) Government means the Government of Himachal Pradesh;
3
(j) layout plan means a plan of the colony depicting the division or proposed division
of land into plots, roads, open spaces, amenities, etc. and other details as may be
necessary;
(k) local authority means a Municipal Corporation constituted under section 3 of the
Himachal Pradesh Municipal Corporation Act, 1994 or a Municipal Council or a
Nagar Panchayat constituted under section 3 of the Himachal Pradesh Municipal
Act,1994 or Panchayati Raj Institutions constituted under the Himachal Pradesh
Panchayati Raj Act,1994 or Cantonment Board or any other authority notified by the
State Government for the purposes of the Act;
(l) section means a section of the Act; and
(m) Secretary means the Secretary (Town and Country Planning) to the Government
of Himachal Pradesh.
(2)
All the words and expressions used in these rules but not defined shall have the same
meanings as have been assignedto them respectively in the Act.
CHAPTER-II
REGIONAL PLANNING
Form of
notice.
3.
The notice with respect to the draft Regional Plan to be published under sub-section
(1) of section 8 of the Act shall be in form-1.
Manner of
publication of
notice.
4.
The notice specified in rule 3 shall be published in the Official Gazette and shall
further be published by means of advertisement in one or more newspapers having
wide circulation within the area of the Region. A copy of the notice shall also be
pasted at the office of the Director and the concerned field office(s).
Manner of
publication of
Regional Plan.
5.
The Notification under sub-section (2) of section 9 of the Act shall be in form-2 and
shall be published in the Official Gazette and in one or more newspapers having wide
circulation within the area of the Region. A copy of the notice shall also be pasted at
the office of the Director and field office(s) concerned.
Notice of
modifications in
Regional Plan.
6.
In case, the draft Regional Plan is approved by the Government with modifications, a
notice to this effect shall be published in the Official Gazette and in one or more
newspapers having wide circulation within the area of Region under the proviso to
sub-section (2) of section 9 of the Act in form- 3.
Consideration of
modifications in
Regional Plan.
7.
The objection(s) and suggestion(s), if any, received after publication of notice under
rule 6 shall be considered by the Government and after giving reasonable opportunity
of being heard to the persons affected thereby, a notification to the effect that the
Regional Plan has been approved, shall be published in form-4 in the Official Gazette
and in one or more newspapers having wide circulation within the area of Region. A
copy of the said notification shall also be pasted at the office of Director and field
office(s) concerned.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
CHAPTER-III
PLANNING AREAS, DEVELOPMENT PLANS AND
SECTORAL PLANS
Manner of
publication of
Existing Land
Use Map.
8.
A public notice of preparation of the Existing Land Use Map inviting objection(s) and
suggestion(s) under sub-section (1) of section 15 of the Act shall be given in form-5
by publishing the said notice in the Official Gazette and in one or more news papers
having wide circulation within the Planning Area/ Special Area.
Adoption of
Existing
Land Use.
9.
A public notice shall be published under sub-section (3) of section 15 of the Act, in
form-6 in the Official Gazette and in one or more newspapers having wide
circulation within Planning Area/ Special Area intimating that the Existing Land Use
Map has been duly prepared and adopted and shall be available for inspection during
office hours in the office of Director, its field offices, office of the Authority (if any)
and the office of the local authority.
Manner of
publication of
approved Interim
Development Plan.
10.
The Interim Development Plan, as approved under sub-section (4) of section 17of the
Act, shall be published in the Official Gazette under sub-section (5) of section 17 of
the Act and the notice of such publication shall be in form-7.
Manner of
11.
publication of draft
Development Plan or
Sectoral Plan.
A copy of the draft Development Plan, as prepared under section 18 or Sectoral Plan
as prepared under section 21 of the Act, shall be made available for public inspection
during office hours at the office(s) of the Director, the Authority( if any), the local
authority and the field office(s) concerned for inviting the public objection(s) and
suggestion(s) under sub-section (1) of section 19 or section 23 read with section 19 of
the Act, as the case may be. The notice of the preparation of the draft Development
Plan or the Sectoral Plan, as the case may be, and of making them available for public
inspection shall be in form- 8 and shall be published in the Official Gazette and in
one or more newspapers having wide circulation in the Planning Area/ Special Area.
Manner of
publication of
approved
Development Plan
or Sectoral Plan.
12.(1) Where the State Government approves Development Plan under sub-section (2) of
section 20 of the Act or Sectoral Plan under section 23 of the Act with modifications,
the notice inviting objection(s) and suggestion(s) to be published in the Official
Gazette and in one or more newspapers having wide circulation within the Planning
Area /Special Area shall be in form-9.
(2) A public notice shall be published under sub-section (4) of section 20or section 23 of
the Act, in form- 10 in the Official Gazette and in one or more newspapers having
wide circulation in the Planning Area/ Special Area to give it due publicity intimating
that the Development Plan or the Sectoral Plan has been approved without any
modifications under sub-section (1) of section 20 or section 23 of the Act or with
modifications under sub-section (3) of section 20 or section-24 of the Act, as the case
may be, by the Government and shall be available for inspection during office hours
at the office of the Director, its field office(s), the offices of the Authority (if any) and
local authority concerned.
5
13.
Permission for
development before
the preparation of
Interim
Development Plan
or Development
Plan.
In the Planning Areas constituted under section 13 of the Act and the Special Areas
designated under section 66 of the Act, where no Interim Development Plan (I.D.P.)
or Development Plan (D.P.) has been prepared either under section 17 or under
section 18 of the Act, the Director shall permit the sub-division of land or change of
land use or the development of land or construction of buildings, apartments,
colonies, as the case may be, in conformity with the Regulations as given in
Appendix-1to 9 of these rules.
14.
In the Planning Areas constituted under section 13 of the Act and the Special Areas
designated under section 66 of the Act, where Interim Development Plan or
Development Plan has been prepared either under section 17 or section 18 of the Act,
the Director shall permit sub-division of land or change of land use or development of
land or construction of buildings, apartments, colonies, as the case may be, in
conformity with the Regulations contained in the Interim Development Plan or
Development Plan. In case Regulations as given in Appendix- 1 to 9 are not
contained in the said Interim Development Plan or Development Plan, the same shall
be considered in addition to the Regulations as contained in the Interim Development
Plan or Development Plan while granting permission by the Director.
Permission for
development after
preparation of*
Interim
Development Plan
or Development
Plan.
CHAPTER-IV
CONTROL OF DEVELOPMENT AND USE OF LAND
15.
Intention of
development
undertaken on
behalf of Union
Government or
State Government
or local authority
or any authority
constituted under
the Act.
(ii)
a copy of latest original tatima showing Khasra number(s), description and area
of land in question, abutting path with its width as well as adjoining Khasra
number(s) falling on all the outer limits/ boundaries of the land in question. The
land applied for shall be shown in red, in the tatima;
(iii)
three sets of Location Plan in the scale of 1:1000 showing North direction,
indicating the land in question, showing main approach road(s), name of
road(s) on which the property and boundaries abuts, important public buildings
like hospital, school, cinema, petrol pump, existing land uses / building uses
surrounding the land;
(iv)
three sets of Site Plan in the scale of 1:200 showing North direction and all the
boundaries of land in question, abutting path with its width, natural features like
nullahs, ponds, trees, slopes, contours at an interval of 5.00 Metres if the land is
undulated, high tension lines passing through or adjoining the land, existing
roads, highways showing the right of way, railway lines, airports with their
specification(s) and boundaries, showing details of utilities and services like
water supply, drainage, sullage, sewage, sewerage alongwith disposal of
drainage, sullage, sewage, position of septic tank, soak pit, rain harvesting
tank, electric and telephone poles, showing manner and site for muck disposal,
and all such other matters which need to be co-ordinated with the adjoining
area;
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
6
(v)
for sub-division of land into plots, three sets of Drawings in the scale of 1:100
showing North direction, dimensions and area of plots, internal roads, set
backs, parks and open spaces, community buildings such as schools,
dispensary, post office, bank etc. and all development proposals including a
general report and mode so as to make scheme self explanatory;
(vi)
(vii) a note indicating the type of development proposed i.e. land use or building use,
namely residential or commercial or industrial or public and semi-public etc;
and
(viii) the name and address of the registered Town Planner/ Architect/ Engineer/
Draughtsman/ Surveyor.
Note:- The Location Plan, Site Plan and Drawings can be drawn on single sheet or in
multiple sheets depending upon the size and area of the land or building or
apartment or colony, as the case may be.
Form of
application for
permission of
development.
*16. (1) Any person, intending to carry out development of any land under sub-section (2) of
section 15-A or clause (a) of section 16 or sub-section (1) of section 30 or section 30A (beyond the limits as specified under section 30-A) or section 78 p of the Act may
apply for such development in Form-11 for sub-division of land and Form-12 for
construction of building alongwith the Specification and Schedule of area attached
with the application form either personally or online.
(2) Every application submitted under sub-section (2) of section15-A or clause (a) of
section 16 or sub-section (1) of section 30 or section 30-A (beyond the limits as
specified under section 30-A) or section 78 p of the Act shall be accompanied by fee
as specified below:(a) For development/sub-division of land:
Sr.
No.
Component
1.
Development/SubDivision of land
Municipal limits
Rs. per M2
of Plot Area
2.50
Plot Area
Upto 120 M2
Above 120 M2 to 150 M2
Above 150 M2 to 250 M2
Above 250 M2
3.00
6.00
10.50
16.00
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
Outside Municipal
limits
1.50
2.50
5.00
8.00
7
2. Commercial Use:
Sr.
No.
1.
2.
3.
4.
5.
Floor Area
(including corridor)
Upto 10 M2
Above 10 M2 to 20 M2
Above 20 M2 to 40 M2
Above 40 M2 to 80 M2
Above 80 M2
12.00
16.00
24.00
31.50
47.00
Outside Municipal
Area
8.00
12.00
16.00
24.00
31.50
Floor Area
Municipal Area
Upto 200 M2
Above 200 M2 to 400 M2
Above 400 M2 to750 M2
Above 750 M2
5.25
8.00
10.25
13.00
Outside Municipal
Area
4.00
5.25
8.00
10.50
4. Industrial Use:
High Potential
Medium Potential
Low Potential
Zone
Zone
Zone
Sirmour
and Una and Kangra Bilaspur, Mandi, Hamirpur,
Solan Districts
Districts
Chamba, Shimla, Kullu, Kinnaur
and Lahaul &Spiti Districts.
Rates in Rs. per
M2 of Plot Area
10.50
Building
Use changed
to
1.
Residential
2.
3.
Floor Area
Upto 40 M2
Above 40 M2 to 80 M2
Above 80 M2
Commercial Upto 40 M2
Above 40 M2 to 80 M2
Above 80 M2
Public and Upto 100 M2
Semi Public
Above 100 M2 to 200
M2
Above 200 M2 to 400
M2
Above 400 M2 to 800
26.00
39.00
31.50
4.
Industrial
M2
Above 800 M2
Floor Area
52.50
High
Potential
Zone
Upto 100 M2
Above 100 M2 to 200
M2
Above 200 M2 to 500
M2
Above 500 M2
26.00
39.00
39.00
Medium
Low
Potential
Potenti
Zone
al
Zone
21.00
16.00
26.00
21.00
52.50
39.00
26.00
70.00
52.00
35.00
Note:-The fee for open spaces surrounding the building proposed for change of
Building Use shall be paid on the rates of pre-dominant Building Use. The
change of Building Use may only be allowed subject to fulfillment of
prescribed Regulations for particular use.
(d) For change of Land Use from the original use of site or as specified in the
revenue record i.e. from the Existing or frozen or adopted Land Use:
Sr.
No.
Land Use
Changed to
Residential
2
3.
4.
Plot Area
Municipal Area
150 M2 to250 M2
Above 250 M2
Commercial Upto 200 M2
Above 200 M2
Public and Upto 1000 M2
Semi Public
Above 1000 M2
Industrial
Plot Area
Upto 1000 M2
Above 1000 M2 to
5000 M2
Above 5000 M2
5.00
8.00
79.00
157.50
16.00
26.00
Outside
Municipal Area
2.50
5.00
59.00
118.00
10.50
18.00
High
Potential
Zone
10.50
Medium
Potential
Zone
7.90
Low
Potential
Zone
5.25
15.75
13.15
10.50
21.00
15.75
13.15
Note:- (i) The change of Land Use Fee for any use shall not be applicable for the
bonafide residents i.e. original inhabitants of the Planning Area or Special
Area who owned the property at the time of applicability of the Act and
their natural heirs only upto 500 M2 plot area. This benefit may be availed
by a family only once.
(ii) No fee maybe charged from Below Poverty Line (BPL) families,
Economically Weaker Sections of the society and from the applicants of
Social Housing Schemes notified by the Government from time to time
upto 100 M2 plot area. This benefit may be availed by a family only once.
However, if the plot area is above 100 M2, the fee shall be charged on the
additional area.
9
(e) For change of Land Use from the Land Use as specified in the Interim
Development Plan or Development Plan to the other Land Use.
Sr.
No.
Land Use
Changed to
Residential
3.
4.
Plot Area
150
M2
2
to250 M
Above 250
16.00
M2
Commercial Upto
200
158.00
M2
Above 200
315.00
2
M
Public and Upto 1000
32.00
Semi Public
M2
Above 1000
52.00
2
M
Industrial
Plot Area
High Potential Medium
Zone
Potential
Zone
Upto 1000
21.00
16.00
2
M
Above 1000
31.50
26.00
M2 to
5000 M2
Above 5000
42.00
31.50
M2
5.00
10.00
118.00
236.00
21.00
36.00
Low Potential
Zone
10.50
21.00
26.00
10
Registration,
Qualification
and Duties of
Private
Professionals.
17
All the plans attached with the applications submitted under rule 15 and sub-rule (1)
of rule 16 shall be prepared, designed and signed by Registered Private Professionals
in accordance with the provisions of Appendix-10 of these rules.
Prescribed
limits.
18.
The prescribed limits for the development activities exempted from permission under
section 30-A of the Act shall be as given in Appendix-8 of these rules. For carrying
out all the development activities by Union Government or State Government or
Authority or a Local Authority or any person which are beyond the prescribed limits
shall apply for permission to the Director under rule 15 and sub-rule (1) of rule 16 of
these rules.
Form of
permission and
manner of
communication.
19.
The permission for development of land applied under sub- section (2) of section 15A or clause (a) of section 16 or section 28 or section 29 or section 30 or section 30-A
(beyond the limits as specified under section 30-A) of the Act shall be granted in
accordance with the provisions of the Act and these rules and shall be communicated
to the person(s) concerned under section 31 of the Act in form-13 and copies thereof
shall be sent to the Authority, Local Authorities and any other office concerned with
the development works alongwith a copy of the approved plan.In case of
observations, the same shall be handed over to the applicant(s) failing which, the same
shall be sent through registered (AD) or by speed post. The plan shall be approved
and signed by the Director, modifications, if any, shall be shown in red lines and one
copy of approved plan shall be sent to the applicant(s). In case of excessive
modifications, fresh plan shall be demanded incorporating the revised plan showing
all the modifications communicated by the Director. Such order shall be handed over
to the applicant(s). If applicant (s) is present, his acknowledgment shall be obtained.
In case applicant(s) is not present, such order shall be sent to him under registered
(AD) or by speed post. In case of deemed permission, intimation on simple paper
alongwith total period of application retained by the Director shall be given by the
applicant to the Director and the deemed permission shall be communicated to the
applicant by the Director, provided it is in conformity to the provisions of the Act,
rules and regulations of the Interim Development Plan or Development Plan.
Form of refusal
and manner of
communication.
20.
The refusal for development of land applied under sub- section (2) of section 15-A or
clause (a) of section 16 or section 28 or section 29 or section 30 (beyond the limits as
specified under section 30-A) of the Act shall be communicated to the person(s)
concerned under section 31 of the Act in form-14. Such order shall be handed over to
the applicant(s). If applicant(s) is present his acknowledgment shall be obtained. In
case applicant(s) is not present, such order shall be sent to him under registered (AD)
or by speed post.
Structure
Stability
Certificate.
*21(1) The Soil Investigation Report shall be submitted by the applicant before construction
of building(s) for the areas falling in sliding and sinking zones as defined in the
respective Interim Development Plans or Development Plans or for any reclaimed
piece of land. The Soil Investigation Report shall be given by the Geologist in Form15.
*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
11
(2) The Structural Stability Certificate shall be furnished by the applicant at the time of
applying for permission and before putting the building into use. The Structural
Stability Certificate shall be given by the Structural Engineer in Form-15.
Explanation- The minimum qualification for a Structural Engineer shall be Graduation
in Civil Engineering of recognized Indian or foreign university or
Institution of Engineers (India), and with minimum six years experience
in structural engineering practice with designing and field work.
Note:
22. (1) Any applicant aggrieved by any order granting permission on conditions or refusing
permission under section 31 of the Act or any order passed under any of the
provisions of the Act may, within 30 days from the date of communication of such
order to him, prefer an appeal in writing to an Officer not below the rank of Secretary,
appointed by the State Government in this behalf in the following manner on form16.
(i)
(ii)
(iii)
(iv)
It shall specify the date of order against which the appeal is made. A copy of
the order thereof shall be attached;
It shall specify a clear statement of facts and the grounds on which the appeal is
made;
It shall specify precisely the relief prayed for; and
It shall contain the following verification certificate duly signed by the
applicant(s):-
23. (1) A copy of the order passed by the Appellate Authority shall be given to all the parties
in the appeal, free of cost. However, additional copies may be supplied to an
individual having interest in the proceedings before the Director, Appellate Authority
or the Government, on an application submitted by the applicant.
(2) The application under sub-rule (1) shall be accompanied by a fee of Rs. 10/-. Further,
the copies in A4 size shall be given @ Rs. 2/- per page of copy applied. The fee may
be paid through Treasury Challan or through e-payment.
Note: These charges will be increased by 10% after a block of 5 years from the date
of commencement of these rules. It will be rounded off to the nearest rupee.
12
24.
The notice shall be served on the Government under sub-section (1) of section 35 of
the Act, in form -17 so as to reach it within a period of 60 days from the date of
publication of notice for compulsory acquisition for the purpose of the Development
Plan together with documentary proof of ownership, location plan and site plan.
Manner of
25.
communication
of revocation and
modification or
permission to
development.
26.
The manner in which amount in lieu of expenditure incurred after the grant of
permission may be assessed under section 37 of the Act, as under:-
Notice by
owner to
purchase
interest in land.
Manner in which
amount in lieu of
expenditure
incurred to be
paid.
(1) Every claim under sub-section (2) of section 37 of the Act shall be made to the Town
and Country Development Authority or the Special Area Development Authority
within 90 days from the date of service of the order of revocation or modification.
(2) The claim shall be made in writing supported by details of expenditure incurred in
carrying out development according to the permission granted and a further detailed
estimate of such of the expenditure as has been rendered abortive on account of an
order of revocation or modification of permission originally granted both being
prepared by a Registered Private Professional. A certified copy of the commencement
certificate under which permission for development was originally granted shall
accompany such claim. The Town and Country Development Authority or the Special
Area Development Authority, as the case may be, shall forward such claim to the
Town Planning Officer who after giving the owner(s) reasonable opportunity of being
heard shall send his report to the Town and Country Development Authority or the
Special Area Development Authority, as the case may be. The Town and Country
Development Authority or the Special Area Development Authority, as the case may
be, after considering the report of the Town Planning Officer shall assess and award,
subject to provision of section 11 of the Act, such amount to the owner (s) as it thinks
fit.
(3) Every order regarding claims preferred by the owners and passed under sub-section
(2) of section 37 of the Act, shall be communicated in form-19 and shall be handed
over to the owner(s). If owner (s) is present his acknowledgment shall be obtained. In
case owner (s) is not present, such order shall be sent to him under registered (AD) or
by speed post.
(4) The notice of refusal to accept the amount offered by the Town and Country
Development Authority or the Special Area Development Authority, as the case may
be, shall be given by the owner(s) within 30 days from the date of receipt of the offer.
Form of notice
for demolition.
27.
29.
A show cause notice to afford reasonable opportunity of being heard shall be served
upon the defaulter by the Director in form- 20 before issuing notice in form 21.
The notice under sub-section (1) of section 39 of the Act shall be in form-21
The notice under sub-section (2) of section 39 of the Act shall be in form - 22.
However, the notice under this rule may be given only after the non-compliance of the
notice given under rule 28.
13
30.
The application under sub-section (3) of section 39 of the Act, shall be on the form as
specified under sub-rule (1) of rule 35 of these rules.
The order to stop unauthorized development under sub-section (1) of section 39-A of
the Act, shall be in form -23.
Police
Assistance
32.
Where any development after the service of the order under sub-section (1) of section
39-A of the Act is not stopped in pursuance of the notice served under rule 31of these
rules, the Officer empowered by the Government or the Competent Authority, as the
case may be, shall, by an order in form-24, request the Station House Officer of the
nearest Police Station to deploy adequate Police force to remove the person(s) by
whom development has been commenced and all his assistants and workman from the
place of development and seize the construction materials, tools, machinery,
scaffolding or the things used in such development and article so seized shall be dealt
with or disposed of in accordance with the provisions of sub-sections (3) and (4) of
section 39-A of the Act.
33.
Where the Competent Authority has failed to make an order to stop the development
under sub-section (1) of section 39-A of the Act, and in case such order of stoppage
has been made, has failed to requisition Police assistance under sub-section (2) of
section 39-A of the Act, for a period of sixty days, the Government may, after calling,
for the report of the Competent Authority concerned, direct the Competent Authority
or any other Officer as the Government may deem fit, to make the order to stop the
development under sub-section (1) of section 39-A of the Act, or as the case may be,
requisition the Police assistance under sub-section (2) of section 39-A of the Act and
such Competent Authority or the Officer shall carryout such directions.
Sealing of
unauthorized
development.
34.
Wherever it is considered expedient to seal any unauthorized development under subsection (1) of section 39-B of the Act, the Officer of the Government empowered in
this behalf, or as the case may be, the Competent Authority shall afford, in form- 25,
the reasonable opportunity of being heard to the persons against whom the order is
purported to be made.
Composition
of offences.
35. (1) Any person, not being the Union Government or Government or a Local Authority or
an Authority constituted under the Act, may apply, under sub-section (1) of section
39-C of the Act, in form- 26 to the Director for composition of offences. The
permission for composition of offences shall be conveyed in form- 27.
Application for
composition of
offences.
(2) Every application submitted under sub-section (1) of section 39-C of the Act, shall be
accompanied by a fee of Rs.200/- deposited into the Government Treasury, under the
appropriate Head of Account through Treasury Challan or through e-payment.
(3) Composition fee shall be charged from the applicant at the rates specified below:Sr.
No.
1.
Offence
Composition Fee
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
14
2.
3.
4.
*Note:- (i) The charges under rule 35 will be increased by 10% after a block of 5 years
from the date of commencement of these rules. It will be rounded off to the
nearest rupee;
(ii) The deviations in Floor Area Ratio shall not require to be calculated
separately, once deviations in individual floors in case of approved plan
have been calculated.
However, in case of totally un-authorized construction no extra storey more
than permissible under the Development Plan, Interim Development Plan or rules
under sections 15-A or 16 of the Himachal Pradesh Town & Country Planning Act,
1977 shall be allowed.
Provided that the Government may exempt such areas from the application
of this rule, if the Local Authorities of such areas have framed their own rules, for this
purpose. The offender shall be levied composition fee under such rules, wherein the
rates of composition fee are on higher side but shall not be levied composition fee
under both such Rules. The Government may direct the Municipal Authorities to
amend its building Bye-Laws as per the Himachal Pradesh Town and Country
Planning Act, 1977 and these Rules:
Provided further that each offence shall be compounded separately.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
15
CHAPTER-V
TOWN AND COUNTRY DEVELOPMENT AUTHORITY
Preparation of
Town
Development
Scheme.
36. (1) The Town and Country Development Authority shall publish a notice under subsection (2) of section 52 of the Act, in form -28 declaring intention of making a Town
Development Scheme in the Official Gazette not later than thirty days from the date
of declaration of intention to make Scheme and by means of an advertisement in one
or more news papers having wide circulation in the locality. Copies thereof shall also
be made available for inspection in the office of the Town and Country Development
Authority concerned.
(2) Notice under sub-section (3) and sub-section (7) of section 52 of the Act, shall be in
form -29 and form- 30 respectively and shall be published in the Official Gazette and
in one or more news papers having wide circulation in the locality.
Acquisition
of land.
37.
The land acquired by the State Government under section 58 of the Act, shall vest in
the Town and Country Development Authority, subject to the law for the time being
in force.
Mode of levy.
38. (1) Notice of intention to levy development charges under sub-section (1) of section 62 of
the Act, shall be in form -31 and shall be published in the Official Gazette and in one
or more news papers having wide circulation in the area. Copies of the said notice
shall also be affixed in the concerned offices of the Town and Country Development
Authority.
(2) Notice under sub-section (4) of section 62 of the Act, for the assessment of
development charges shall be in form -32.
Power to
borrow money.
39.
The Town and Country Development Authority may borrow money under section 65
of the Act, subject to the following terms and conditions, namely:(i)
the Town and Country Development Authority may with the prior approval of
the Government borrow money by issuing debentures for the purpose of the
Act;
(ii)
(iii)
the rate of interest which debentures would carry shall be such as may, be fixed
by the State Government;
(iv)
(v)
a sinking fund shall be constituted for the redemption of debentures and in case
of any failure on this account an immediate report with reasons for such failure
shall be made to the Government. The Authority shall be bound by such
directions as may be issued by the Government in this behalf;
(vi)
(vii) the Authority may with the sanction of the Government reserve the debenture
*bond for issuing to any particular person or institution or have the debenture(s)
under written;
*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
16
(viii) brokerage and underwriting commission at such rate as may be fixed by the
Authority from time to time shall be paid to banks, brokers and others on their
applications and also on applications received through them, bearing their seal;
(ix)
(x)
(xi)
if the subscriptions exceed the total amount of the debentures issued, partial
allotment may be made and the balance of the sum paid at the time of
applications, shall be refunded as soon as possible. No interest shall be paid on
the amount so refunded. The Authority may reserve the right to retain the
subscriptions, received upto ten percent in excess of the sum floated;
(xii) the debentures shall be issued in the denomination of Rs. 100/-, Rs. 500/-, Rs.
1,000/-, Rs. 5,000/-, Rs. 25,000/-, Rs. 50,000/-, Rs.1, 00,000/- and Rs. 5,
00,000/-;
(xiii) the interest on debentures shall be paid half yearly. The interest is subject to the
payment of income tax;
(xiv) the debentures shall be redeemable on dates noted therein and the holder(s)
shall have no claim(s) upon the Authority for the interest accruing after the
expiry of the term;
(xv) debentures which by reasons of damage sustained have become unfit for
circulation shall be replaced at the request to the holder(s) on surrendering the
damaged or defaced debentures, provided that the essential marks for
genuineness and identity such as the number, the amount, the rate of interest,
the date and signature of the Chairman and the member of the Authority are still
recognizable. Fresh debentures shall also be issued to replace the lost or
destroyed debentures when in the opinion of the Authority the fact of
destruction is proved beyond doubt. When such proof is not produced or when
in case of damage the essential marks in the debentures are lost and are no
longer recognizable or the *debentures have been lost or has been mislead, a
new debenture may be issued only after the debenture which is alleged to be
missing or un-recognizable has been advertised by the claimant and in the
manner specified by the Authority and is not claimed by any other person; and
(xvi) the re-issue of the debenture shall be made for the same amounts under the
same number with the addition of the word Re-newed. A fee of Rs10/- shall
be charged for every renewed debenture to be issued.
CHAPTER-VI
SPECIAL AREAS
Terms and
conditions subject
to which loan may
be raised by the
Special Area
Development
Authority.
40. (1) The Special Area Development Authority may for the purpose of the Act, raise loans
under sub-section (3) of section 72 of the Act, in pursuance of a resolution passed at a
special meeting convened for the purpose:
Provided that:
(i)
no loan shall be raised without the prior sanction of the Government; and
(ii)
the terms upon, the period within, and the method by which the loan is to be
raised and repaid shall be subject to these rules and the approval of the
Government.
*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
17
(2) The Special Area Development Authority shall maintain a sinking fund for the repayment of loans raised under sub-rule (1) and shall pay every year in the sinking
fund, such *amount, as may be sufficient for repayment, within the period fixed
for all loans so raised.
(3) The sinking fund or any part thereof shall be applied in or towards the discharge of
the loan for which such fund was operated and until such loan is wholly
discharged, it shall not be applied for any other purpose.
Infrastructure
and Maintenance
Charges
*40-A The Special Area Development Authority may levy the infrastructure and
maintenance charges on commercial establishments including industries, hotels,
brick kiln, apartments, shopping malls etc. which may be utilized on development
and maintenance of infrastructure like roads, parks, parking, etc. at such rates as
may be notified by the Special Area Development Authority concerned with the
prior approval of the Government.
CHAPTER- VII
REGISTRATION OF PROMOTERS AND ESTATE AGENTS
Certificate of
Registration.
41. (1) An application for registration as Promoter or as an Estate Agent, shall be made in
form-34 and form-35 respectively and shall be accompanied by a fee of Rupees
fifty thousand in the case of a Promoter and Rupees ten thousand in the case of an
Estate Agent by way of *e-payment or e-challan or challan or in the form of a
demand draft drawn in favour of the Director.
(2) The Certificate of Registration shall be issued by the Director in the case of a
Promoter in form -36 and in the case of an Estate Agent in form-37.
(3) In case applicant intends to withdraw his application for registration at the
processing stage, he shall be entitled to the refund of 75% of fee paid.
(4) No fee shall be refunded in case the registration is cancelled on account of
contravention of any of the provisions of the Act or these rules and the security
deposit shall be forfeited.
(5) Before cancellation of registration, a public notice shall be given in leading
newspapers for information of the general public.
Note: These charges will be increased by 10% after a block of 5 years from the date
of commencement of these rules. It will be rounded off to the nearest rupee.
(c)
(d)
*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
18
(e)
(f)
(g)
should not have been black listed by any authority under any law for the time
being in force;
should not have been convicted of an offence under the Act or under any law
involving moral turpitude, or, if convicted a period of five years has elapsed
since his conviction;
should not be in the employment of the Government or a State undertaking or
a local authority; and
should submit statement of affairs clearly indicating the detail of Assets and
Liabilities duly certified by the Chartered Accountant.
(b)
(c)
(d)
(e)
has furnished the details of previous projects executed during the preceding
5 years alongwith their completion certificate, if any.
(3) In case the application is for registration as an Estate Agent, the applicant,(a)
(b)
(c)
(d)
(e)
(f)
should not have been convicted of an offence under the Act or under any law
involving moral turpitude, or, if convicted a period of five years has elapsed
since his conviction;
(b)
(c)
19
43. (1) The fee for renewal of registration as a Promoter or an Estate Agent, shall be
Rupees twenty five thousand and Rupees five thousand respectively and shall be
payable *e-payment or e-challan or challan or demand draft.
(2) In case applicant intends to withdraw his application for renewal of registration at
the processing stage, he shall be entitled to the refund of 75% of fee paid.
Provided that the application is made in form -38 in the case of a
Promoter and in form- 39 in the case of an Estate Agent at least *one month before
the expiry of the period of Certificate of Registration.
Form and manner
of maintaining
accounts, *register
and records.
44. (1) Every registered Promoter after grant of Licence shall maintain,(a)
(b)
(c)
(d)
(2) Every Estate Agent shall maintain a register in form-41 indicating category of plot
and apartment, area of plot and apartment, name and address of sellers and buyers,
consideration money, date of sale and registration of sale deed.
(3) The Director shall maintain registers in form-42 showing particulars of all cases in
which licence under sub-section (3) of section 78p of the Act, is granted or refused
and in form-43 and form-44 showing the particulars of all cases in which
Certificate of Registration is granted or refused to Promoters and Estate Agents
respectively under section 78a of the Act.
(4) The Director shall provide copy of the extract of register on payment of fee of
Rupees five per page of copy, if applied for.
Audit.
45. (1) Every Promoter and Estate Agent shall get his accounts audited after the close of
every Financial Year by a Chartered Accountant and shall furnish a statement of
accounts duly certified and signed by such Chartered Accountant alongwith the
audit report to the Director within a period of six months of the close of the
Financial Year.
(2)
While auditing the accounts, the Chartered Accountant shall also verify that
amounts collected by the Promoter for a particular purpose have not been utilized
for any other purpose as provided in section 78r of the Act, and a certificate to that
effect shall be recorded by the Chartered Accountant and a copy of the certificate
so recorded, shall be sent by the Promoter to the Director as under:Certified that the amount collected by Sh./Smt./ M/s(the
Promoter) for a particular purpose have not been utilized for any other purpose. It
is further certified that the accounts of Sh./ Smt./ M/s..have been
audited by me/us and found in order as per Act and Rules.
Chartered Accountant
*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
20
Returns.
46. (1) The Promoter shall furnish to the Director half yearly return within three months
from the date of completion of six months in form- 45 showing the amount
received from the prospective allottees of apartments and plot holders during that
period, and amount spent on construction of apartments and on the development of
plots, and the balance amount deposited in a Bank for development works in the
colony or for construction of apartment or for apartments constructed and sold,
plots developed and sold and apartments under construction and colonies under
development.
(2)
The Estate Agent shall furnish annual return to the Director in form-46within a
period of three months of the close of Financial Year indicating the names and
addresses of the sellers and purchasers of the plots and apartments and dates of
execution of conveyance deeds.
CHAPTER -VIII
REGULATION OF PROMOTION, CONSTRUCTION, SALE, TRANSFER
AND MANAGEMENT OF APARTMENTS, PLOTS AND PROPERTIES
Disclosure
47.
regarding design
and material to be
used.
(b)
Supply of copies
of documents.
48.
Additional
information to be
supplied by the
Promoter.
49.
The Promoter, alongwith the information specified under sub-section (3) of section
78o of the Act, shall also disclose the information regarding the following matters
in the advertisement or prospectus to be issued under sub -section (1) of
section,78o of the Act, namely:(i)
(ii)
(iii)
(iv)
21
(v)
(vi)
Disclosure
regarding
registration and
licence.
50.
51. (1)
Application for
licence and
documents to be
used and fee to be
paid for granting of
licence.
(ix)
the likely date by which the possession shall be handed over and in case of
delay, payment of interest to be paid by the Promoter; and
(x)
Himachal
The Promoter shall disclose the number of his Certificate of Registration granted
under sub-section (2) of section 78a of the Act, and also the validity of license
issued under sub-section (3) of section 78p of the Act and display the Certificate of
Registration and the licence so granted at a conspicuous place in his office and
make it available for inspection to the persons taking or intending to take an
apartment or a plot in the colony and to a person authorized by the Director.
Every Promoter who desires to develop any land into a colony or desires to
construct apartment or building upon any land shall make an application in writing
in form-47 to the Director for granting a licence under section 78p of the Act and
shall furnish therewith:(a)
(b)
copy of Permanent Account Number (PAN) and Income Tax returns of the
preceding 3 years;
(c)
(d)
(ii)
(iii)
(iv)
three sets of Site Plan in the scale of 1:200 showing North direction
and all the boundaries of land in question, abutting path with its
width, natural features like nullahs, ponds, trees, slopes, contours at
an interval of 5.00 Metre if the land is undulated, high tension lines
passing through or adjoining the land, existing roads, highways
*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
22
showing the right of way, railway lines, airports with their
specification(s) and boundaries, showing details of utilities and
services like water supply, drainage, sullage, sewage, sewerage
alongwith disposal of drainage, sullage, sewage, position of septic
tank, soak pit, rain harvesting tank, electric and telephone poles,
showing manner and site for muck disposal, and all such other matters
which need to be co-ordinated with the adjoining area;
(v)
for sub-division of land into plots, three sets of Drawings in the scale
of 1:100 showing North direction, dimensions and area of plots,
internal roads, set backs, parks and open spaces, community buildings
such as school, dispensary, post office, bank etc. and all development
proposals including a general report and mode so as to make scheme
self explanatory. In case of colony, clearly indicating the mode and
manner to reserve 25% of developed land including plot or building
or apartment reserved for Economically Weaker Section, Low Income
Group of society and bonafide Himachalis, with area of each plot or
building or apartment earmarked clearly on the Drawings;
(vi)
(x)
(xi)
23
(xii) a note indicating the type of development proposed i.e. land use or
building use, namely residential or commercial or industrial or public
and semi-public etc; and
(xiii) the name and address of the registered Town Planner/ Architect/
Engineer.
Note: The Location Plan, Site Plan and Drawings can be drawn on single
sheet or in multiple sheets depending upon the size and area of the
land or building or apartment or colony, as the case may be.
(2) The Plans and Drawings specified in clause (d) of sub-rule (1) shall be clear and
legible on A0 prints.
(3) If the Promoter wants to be exempted from providing any one or more of the
amenities in a colony, he shall furnish detailed explanatory note in duplicate
alongwith the application and if necessary indicating the reasons as to why the said
amenity or amenities need not or can not be provided.
(4) In cases where the Promoter applies for withdrawal of application before the issue
of letter of intent under rule 52 of these rules, licence fee to the extent of 10%or
Rupees fifty thousand whichever is more, shall be retained as processing fee in the
office of the Director and the remaining amount shall be refunded to the Promoter
within one month from the receipt of application. In case where letter of intent has
been issued to the Promoter and he fails to complete the formalities or is not
interested for the grant of licence, 20% of the licence fee or Rupee one lac only
which ever is higher, not exceeding entire deposited licence fee, shall be retained
as processing fee in the office of the Director and remaining amount shall be
refunded to the Promoter.
(5) In case where the Promoter surrenders a license or a license is cancelled otherwise,
before starting a project, in such case, only development charges as deposited
under section 78p of the Act shall be refunded. In case where the Promoter has not
paid the service charges under section 78zd of the Act and his license is cancelled,
in such case, the service charges shall be made good from the development
charges. Before cancellation of *licence, a public notice shall be given in leading
newspapers for information of the general public, to invite objections against
cancellation.
(6) The information regarding cancellation shall be sent to the Government.
Inquiry by the
Director.
52. (1) On receipt of the application in specified form and complete in all respects under
rule 51 of these rules, the Director shall enquire into the following matters and
such other matters, as it may consider necessary, namely:(a)
(b)
(c)
(d)
(e)
(f)
*(2) The Director may after making inquiry as specified in sub-rule (1) and after giving
the Promoter a reasonable opportunity of being heard, and also taking into
consideration the opinion of the officer delegated with the powers of the Director
in whose jurisdiction such project is located shall pass an order in writing either
granting or refusing to grant licence if it does not conform to the requirements of
provisions of the Act and these rules.
*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
24
(3) After scrutiny of the plans and other necessary inquiries which the Director may
deem fit, where an order is passed under section 78p(2) of the Act, and if the
Director is satisfied that the Promoter is fit for the grant of licence, it shall, before
granting licence, call upon the Promoter to fulfill the conditions laid down in rule
53 of these rules, within a period of thirty days from the date of the service of
notice in form- 48;
Provided that on an application within the aforesaid period of thirty
days, for the extension of time limit, the Director, if satisfied, may extend such
time limit further upto thirty days.
(4) If the Promoter fails to fulfill the conditions referred to in sub-rule (3) within the
specified or extended period, if any, the grant of licence shall be refused and
intimation of such refusal shall be communicated to the applicant in form-49
personally failing which through registered (AD)or by speed post.
(5) The Director shall finalize the process of rejecting the application as provided in
sub-rule (2) or for the grant of licence as provided in sub-rule (3) within a period
not exceeding three months from the date of receipt of the application complete in
all respect.
Application and
conditions
required to be
fulfilled by the
Promoter.
*53.(1) The promoter, who is found fit for grant of a license under sub-section (2) of
section78p of the Act, shall be required to,(a)
(b)
(ii)
(iii)
(iv)
*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
25
thereupon to transfer such roads, open spaces, public parks and public
health services free of cost to the Local Authority or Institution or
registered Resident Welfare Association, as the case may be;
(v)
(vi)
(2) If the Director having regard to the amenities which exist or are proposed to be
provided in the locality on an application from Promoter, decides that it is not
necessary or possible to provide such amenities, the applicant will be informed
accordingly and sub-clauses (ii), (iii) and (iv) of clause (b) of sub-rule (1) shall be
deemed to have been modified to that extent.
Grant of
license.
*54(1) The Director shall grant a licence in Form-51after the Promoter has deposited
development charges @ Rs. 200/- per M2 of plot area as security in the form of
Bank guarantee or demand draft or e-payment which shall be refunded to the
Promoter as per the procedure and manner provided under rule 60.
(2) The licence granted under sub-rule (1) shall be valid for a period of *five years
and shall be renewed for a period of two years at a time on payment of the
specified fee.
Renewal
of license.
55. (1) In case the Promoter fails to complete the project as per terms and conditions of
Licence within a period of *five years as specified in sub-section (4) of section
78p of the Act, he may make an application to the Director in form--52for the
renewal of his licence at least one month before the expiry period of the licence
and shall be accompanied by :*(i)
(ii)
(iii)
(iv)
(v)
(2) On receipt of an application under sub-rule (1),the Director, shall, if satisfied, after
making such enquiry that there has been delay in execution of development works
by the Promoter and there has been no violation of any provision of the Act and
rules made thereunder, renew the licence for a period of two years by speaking
order.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
26
(3) In case the Director is not satisfied, he shall reject the application by speaking
order and in that case, intimation in this regard shall be sent to the Promoter in
form-53;
Provided that before rejecting the application, the Director shall give
the Promoter an opportunity of being heard.
*56. (1) For the purpose of sub-section (8) of section 78p of the Act, a person whose family
Reservation of
Residential
income from all sources does not exceed to such limits, as may be fixed by the
apartments
Government, from time to time, shall be deemed to be a person belonging to the
and plots for person
Economically Weaker Sections and Low Income Groups of the society.
belonging to
Economically
(2) The reservation, shelter fee, minimum plot area and minimum carpet area and
Weaker Section,
payment schedule of shelter fee, reserved for Economically Weaker Sections and
Low Income Group of
Low Income Groups of Society shall be as under:the society and
bonafide Himachalis.
Group/
Reservation for
Shelter Fee
Plot /Apartment
Payment
Housing
EWS and LIG
Size(M2)
Schedule of
Colony
Shelter Fee
Size(M2)
1
2
3
4
5
(i) Below
Nil
N.A.
N.A.
N.A.
5000
(ii) Between
10%
plotted (i) @ 10% of Rs.21,500/- (a) Economically
Three equal
5000
to area
of the
perM2 of Carpet Area
Weaker
yearly
30,000
project.
in plain area.
Sectionsinstallments
Or
Or
to be paid
10% of the total (ii) @10% of Rs. 32,300/- (i) Plot Area= 45 M2 after
the
number
of
per M2of Carpet Area (ii) Carpet Area= 25 grant
of
apartments
in
in hill area.
M2
licence
in
Group Housing
Or
three years
Colony, as the (iii) @ 10% of circle (b) Low
Income of
time
case may be.
rate/market rate as
Groupsperiod.
Or
assessed
by
the (i) Plot Area= 80 M2
Shelter Fee as
Revenue authorities (ii) Carpet Area= 48
per columns 3 to
for the reserve plotted
M2
5.
areas, as the case,
may be.
(iii)Above
10%
plotted
Nil
N.A.
N.A.
30,000
area
of the
project.
Or
10% of the total
number
of
apartments
in
Group Housing
Colony, as the
case may be.
Explanation:- Carpet area shall mean the net useable floor area of an apartment,
excluding the area covered by the walls.
(3) The rates for disposal of reserved plots and apartments for Economically Weaker
Sections and Low Income Groups shall be as under:(a)
For plots in plain and hilly areas @ 25% less than the selling price to other
categories.
(b)
For apartments in plain areas @ Rs. 21, 500/- per square metre of Carpet
Area and for hilly areas @ of Rs. 32,300/- per square metre of Carpet Area.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
27
(4) In case of combination of plots and apartments, the promoter may construct
proportionate number of apartments and proportionate plotted area for the
Economically Weaker Sections and Low Income Groups of society.
(5) Wide publicity for availability of developed reserved plots/ apartments shall be
made by the concerned Promoter through various means of communication at his
own cost, at least three times within a period of six months.
(6) The plots or apartments reserved for the Economically Weaker Sections and Low
Income Groups of society shall be provided within the project area or within a
radius of 5 Kilometre of project area or within a radius of 5 Kilometre of nearest
Municipal limits or within the nearest Municipal limits.
(7) In case there is no taker of such reserved plots/ apartments, then the Promoter shall
have right to apply for de-reservation of such reserved developed plots/ apartments
to the Director. The 10 % of the sale price of de-reserved plots and apartments
shall be deposited in the Development Fund so constituted under section 78zd of
the Act.
(8) The reservation for Bonafide Himachalis in Group Housing Colonies, apartment
size, shelter fee wherever payable and its payment schedule shall be as under:Group/Housing
Colony size (M2)
1
All
sizes
of
projects
except
Luxurious
Dwelling Units
All
sizes
of
projects
constructing
Luxurious
Dwelling Units
Reservation for
Shelter Fee
Bonafide
Himachalis
2
3
15 % of the
Nil
plotted area.
Or
15% of the total
number
of
apartments in the
project.
15 % of the (i) @ 10% of
Luxurious
Rs.21,500/Dwelling Units
perM2
of
Carpet Area
Or
in plain area.
Shelter Fee
Or
(ii) @ 10%of Rs.
32,300/- per
M2of Carpet
Area in hill
area.
Plot /Apartment
Size(M2)
4
Any Size
If
provisions
of
reservation as required
are made then there is no
restriction on the size of
Dwelling Units to be
sold to the Bonafide
Himachalis. Where the
option to pay Shelter Fee
is exercised then, Carpet
Area for the purpose of
calculation of Shelter Fee
shall be deemed to be 48
M2
Payment
Schedule of
Shelter Fee
5
N.A.
Three equal
yearly
installments
to be paid
after
the
grant
of
licence
in
three years of
time period.
(9) The reserved plots or flats shall not be further sold by the Economically Weaker
Sections, Low Income Groups of Society and bonafide Himachalis to any person
for a period of 5 years after possession.
*56-A
Transfer of
approved project
by a promoter to
another
promoter.
A promoter may transfer the approved project to another registered promoter in the
following manner, namely:(i)
(ii)
he must possess a valid licence and there should not be any deviation from
the approved plan/drawings of the project;
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
28
(iii)
(iv)
(v)
Security shall be refunded to the promoter as and when the same is paid by
the promoter buying the project. Security paid in the form of demand draft
by the original promoter may, at his option be adjusted in favour of the
promoter buying the project;
(vi)
The promoters (both the seller and buyer) shall obtain permission to sell and
buy the project under section-118 of the Himachal Pradesh Tenancy and
Land Reforms Act, 1972 wherever applicable;
(vii) The promoter buying the project must possess a valid Registration
Certificate;
(viii) The promoter buying the project shall apply in Form-59 alongwith
application fee amounting to Rs. 5,000/- only through e-payment or echallan or challan or demand draft;
(ix)
(x)
Licence to the promoter buying the project shall be granted on Form-60 after
obtaining 100% security (Development Charges);
(xi)
(xii) An agreement to the effect that all assets and liabilities shall be transferred
to promoter buying the project shall be submitted to the Director; and
(xiii) The promoter buying the project shall not change the drawings/ plans of
project without the approval of the Director.
Mode of
allotment of
reserved
apartments and
plots
57. (1) The Promoter shall invite applications for allotment of residential apartments or
residential plots reserved for the persons belonging to the weaker sections of the
society under rule 56 by publishing a public notice in atleast two newspapers
having wide circulation in the area where the apartments or plots are situated and a
copy of the public notice so published, shall be pasted in the office of the Director.
(2) All applications received by the Promoter in response to the public notice
published under sub-rule (1), shall be entered serially in a register maintained for
this purpose in the office of the Promoter and acknowledgement of the receipt
thereof, shall be sent to the applicant.
(3) No application shall be rejected merely on the ground that it is incomplete in any
respect and the defect or deficiency, if any, found in the application shall be got
rectified by the Promoter from the applicant.
(4) The allotment of plots or apartments, as the case may be, to the eligible applicants,
shall be made by draw of lots under the supervision of the Competent Authority or
any of its representatives duly authorized by it in this behalf.
Price to be paid
for allotment of
apartments and
plots.
58.
The price payable for allotment of plots and apartments reserved for Economically
Weaker Sections, Low Income Groups of society and bonafide Himachalis shall be
as provided under clause (iii) of sub-rule (3) of rule 56 of these rules.
29
Recovery of
charges incurred
on development
works.
Release of
Security.
59.
After the development works caused to be carried out, at the risk of the Promoter
by the Director under sub-section (12) of section 78p, of the Act, charges incurred
by it for carrying out such development works, shall be recovered by adjusting the
amount received as a result of enforcement of the demand draft or security, as the
case may be, and the balance, if any, shall be recovered from the Promoter, subject
to the condition that the amount so recovered, shall not exceed the amount, the
Promoter has actually recovered from the allottees by deducting the amount
actually spent on development works, and on the allottee subject to condition that
the amount so recovered, shall not exceed the amount, which they have to pay to
the Promoter towards the expenses of such development works under the terms of
the agreement of sale or transfer.
60.
After the layout and the development works in a colony or a building have been
completed, and a completion certificate in respect thereof has been issued, the
Director, may, on an application in this behalf from the Promoter, release within a
period of three months of the date of application, the demand draft or security
furnished by the Promoter after adjusting the amount incurred by the Director
under sub-section (12) of section 78p of the Act:
Provided that 30% of the security shall be kept un-released to ensure
the up keep and maintenance of the colony or building for a period of five years
from the date of issue of the completion certificate or till such time, as the
Promoter is relieved of the responsibilities in this behalf, by the Government or a
Local Authority, as the case may be, whichever is earlier.
Agreement
of sale.
61.
62.
Rate of interest
or refund of
advance money
after cancellation of
agreement.
Fee for
settlement of
dispute to rectify
the defects or
change.
the certificate of title to land having been duly certified by the Assistant
Collector First Grade or Second Grade, as the case may be, of the concerned
area;
(ii)
certified copy from the relevant revenue record showing the nature of title of
the Promoter to the plot of land on which the building or apartment is
constructed or is to be constructed and if the land is owned by another
persons, the consent of the owner of such land to the development of colony
or construction of the building; and
(iii)
The Promoter shall refund full amount collected from the prospective buyers under
sub-section (2) of section 78q of the Act, together with interest thereon at the rate
of 12% per annum payable from the date of receipt of amount so collected till the
date of re-payment, in case Promoter is unable to fulfill his commitment as per
agreement with buyer or in case of contravention of terms and conditions of
allotment order.
*63. (1) No addition or alteration in the approved project after the grant of license shall be
carried out by the promoter, without consent of the buyer(s), whether possession
has been handed over or not.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
30
(2) In case of addition or alteration in the project, after taking consent of the buyer(s),
the Promoter shall submit the revised project plans to the Director on simple
application high lighting the proposed changes in the project via-a-vis original
approved project alongwith fee @ 5 % of licence fee. The Director after affording
reasonable opportunity of being heard to the buyer(s) and the general public
having an interest/concern in the project and after obtaining No Objection
Certificate from the buyer(s), shall grant approval to the revised project, subject to
the condition that such revision shall not exceed the period of validity of the
licence granted under sub-section (3) of section 78p of the Act.
(3) No addition or alteration in the approved project shall be carried out by the buyer,
in case possession has been taken over by the buyer.
Completion and
Occupation
Certificate.
64.
The Completion Certificate and the Occupation Certificate shall be issued in form55 and form-56 respectively. Completion Certificate in respect of the entire
project or part thereof shall be granted by the Director after satisfying himself
about completion of development works to be carried out by the Promoter.
Particulars to be
given and
documents to be
attached with
conveyance deed.
65.
The conveyance deed to be executed under section 78x of the Act, shall contain
the following particulars and shall be accompanied by the following documents,
namely:(a)
(b)
the description of the land on which the building and the common area and
facilities are located, and whether the land is free hold or lease hold and if
lease hold, the period of such lease;
(c)
a floor plan of the building showing the layout and location of the
apartment, alongwith the verified statement of an Architect certifying that it
is an accurate copy of the portions of the plans of the building as filed with
and approved by the Local Authority within whose jurisdiction the building
is located;
(d)
the description of the building, stating the number of storeys and basement,
the number of apartments in that building and the main material of which it
is constructed;
(e)
(f)
(g)
the description of the limited common areas and facilities, if any, stating as
to which apartments, their use is reserved;
(h)
the value of the property and of the apartments and percentage of undivided
interest respectively, in the common areas and facilities and the limited
common areas and facilities, if any, appurtenant to such apartment and a
settlement that the apartment and such undivided interest, are not
encumbered in any manner whatsoever on the date of execution of the
conveyance deed of apartment;
(i)
the statement of the purposes for which the building and each of the
apartments are intended and restricted as to use;
(j)
the name of the person to receive service or process, together with the
residence of place of business of such persons; and
(k)
31
Form of
application for
enforcement of
conveyance deed.
66.
Application of
building
Regulations.
67.
Deposit of service
charges, Utilization
of Development
Fund
*68. (1) Every promoter shall deposit service charges @ Rs. 200/- per M2 of the covered
area proposed to be developed by him as residential, commercial or industrial
(excluding the area used by the public for general purposes) into a colony in two
equal installments, the first installment shall be deposited within sixty days (two
months) from the date of grant of licence and the second installment shall be
deposited within six months from the date of grant of licence. Service charges can
be deposited in the shape of Demand Draft or e-payments.
(2) The Development Fund received in the shape of demand draft shall, in addition to
the purpose specified in sub-section (4) of section 78zd of the Act, shall be utilized
by the Director for,(i)
(ii)
(iii)
(iv)
Provided that for the purpose of sub-section (1) of section 78zd of the
Act, the net covered area, shall mean the net covered area available for
development of apartments or buildings and shall not include the area under
circulation, parks, community places and open spaces.
CHAPTER IX
RULES AND REGULATIONS
Repeal and
savings.
69.(1) The Himachal Pradesh Town and Country Planning Rules, 1978 and the Himachal
Pradesh Apartment and Property Regulation Rules,2005 (herein after referred to as
aforesaid rules) are hereby repealed.
(2) The repeal of the aforesaid rules shall not affect:(a)
The previous operation of, or anything duly done or suffered under the
aforesaid rules, or
(b)
(c)
(d)
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
32
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM-1
(See rules - 3 and 4)
NOTICE OF PUBLICATION OF DRAFT REGIONAL PLAN
No.
Dated.
1.
2.
3.
4.
The Existing Land Use Map and its narrative report thereon.
A narrative report explaining the provisions of the draft plan supported by necessary
maps and charts.
A notice indicating the priorities assigned to works included in the draft plan and the
phasing of the programme of development as such.
A notice on the role being assigned to different Departments of Government,the
TownandCountryDevelopmentAuthority,theSpecialAreaDevelopmentAuthoritiesandtheL
ocalAuthorities in the enforcement and implementation of draft plan.
Place..
Date
Director
Town and Country Planning Department
Himachal Pradesh, Shimla
Copy to:1.
The Director, Information and Public Relation Department, Himachal Pradesh, Shimla
for publication of this Notice in one or more newspapers in circulation in the Region.
2.
The Controller, Printing and Stationeries Department, Himachal Pradesh, Shimla for
publication of this Notice in the Official Gazette of Himachal Pradesh. A copy of Gazette
publication may be sent to this office.
3.
All the Town and Country Planners in Town and Country Planning Department,
Himachal Pradesh.
4.
All the Assistant Town Planners in Town and Country Planning Department, Himachal
Pradesh.
5.
Notice Board.
Director
Town and Country Planning Department
Himachal Pradesh, Shimla
33
GOVERNMENT OF HIMACHAL PRADESH
TOWN AND COUNTRY PLANNING DEPARTMENT
FORM -2
(See rule 5)
NOTIFICATION OF APPROVAL AND NOTICE OF PUBLICATION OF APPROVED
REGIONAL PLAN
No.
Dated.
..
..
...
The said Regional Plan shall come into operation with effect from the date of
its publication in the Official Gazette of Himachal Pradesh.
Place__________
Date__________
Secretary (TCP), to the
Government of Himachal Pradesh
Copy to:-
1. The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for
publication of this Notification in one or more newspapers in circulation in the Region.
2. The Controller, Printing and Stationeries Department, Himachal Pradesh, Shimla for
publication of this Notification in the Official Gazette of Himachal Pradesh. A copy of
Gazette publication may be sent to this office.
3. The Director, Town and Country Planning Department Himachal Pradesh, Shimla.
4. Notice Board.
Secretary (TCP), to the
Government of Himachal Pradesh
34
GOVERNMENT OF HIMACHAL PRADESH
TOWN AND COUNTRY PLANNING DEPARTMENT
FORM-3
(See rule-6)
NOTICE OF MODIFICATIONS IN THE REGIONAL PLAN
No..
Dated
35
GOVERNMENT OF HIMACHAL PRADESH
TOWN AND COUNTRY PLANNING DEPARTMENT
FORM-4
(See rule 7)
NOTIFICATION OF APPROVAL OF THE REGIONAL PLAN
No..
Dated
..
.
..
..
The said Regional Plan shall come into operation with effect from the date of
its publication in the Official Gazette of Himachal Pradesh.
Place
Date.
Secretary (TCP), to the
Government of Himachal Pradesh
Copy to:1. The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for
publication of this Notice in one or more newspapers in circulation in the Region.
2. The Controller, Printing and Stationeries Department, Himachal Pradesh, Shimla for
publication of this Notice in the Official Gazette of Himachal Pradesh. A copy of Gazette
publication may be sent to this office.
3. The Director, Town and Country Planning Department Himachal Pradesh, Shimla.
4. Notice Board.
Secretary (TCP), to the
Government of Himachal Pradesh
36
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM -5
(See rule -8)
NOTICE OF PUBLICATION OF EXISTING LAND USE MAP
No...
Dated.
1 ....
2
3
4
.
.
If there be any objection or suggestion with respect to the Existing Land Use
Map so prepared, it should be sent in writing to the Director, Town and Country Planning
Department, Himachal Pradesh, Shimla within a period of thirty days from the date of
publication of this Notice in the Official Gazette of Himachal Pradesh.
Any objection or suggestion which may be received from any person with
respect to the said Existing Land Use Map before the period specified above will be considered
by the Director.
Place...
Date
Director
Town and Country Planning Department
Himachal Pradesh, Shimla
Copy to:1.
The Director, Information and Public Relation Department, Himachal Pradesh Shimla for
publication of this Notice in one or more newspapers in circulation in the Planning /
Special Area.
2.
The Controller, Printing and Stationeries Department, Himachal Pradesh, Shimla for
publication of this Notice in the Official Gazette of Himachal Pradesh. A copy of Gazette
publication may be sent to this office.
3.
All the Town and Country Planners in Town and Country Planning Department, Himachal
Pradesh.
4.
All the Assistant Town Planners in Town and Country Planning Department, Himachal
Pradesh.
5.
Notice Board.
Director
Town and Country Planning Department
Himachal Pradesh, Shimla
37
FORM -6
(See rule - 9)
NOTICE OF ADOPTION OF EXISTING LANDUSE MAP
No.
Dated.
38
GOVERNMENT OF HIMACHAL PRADESH
TOWN AND COUNTRY PLANNING DEPARTMENT
FORM -7
(See rule -10)
NOTIFICATION OF APPROVAL AND NOTICE OF PUBLICATION OF APPROVED
INTERIM DEVELOPMENT PLAN
No.
Dated
The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for
publication of this Notification in one or more newspapers in circulation in the Region.
2.
The Controller, Printing and Stationeries Department, Himachal Pradesh, Shimla for
publication of this Notification in the Official Gazette of Himachal Pradesh. A copy of
Gazette publication may be sent to this office.
3.
The Director, Town and Country Planning Department, Himachal Pradesh, Shimla.
4.
Notice Board.
39
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM-8
(See rule-11)
NOTICE OF PUBLICATION OF DRAFT DEVELOPMENT PLAN OR SECTORAL
PLAN
No..
Dated.
In exercise of the powers vested under sub-section (1) of section 19 or section
23 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), the
draft Development Plan for (Planning / Special Area) or draft Sectoral Plan
for Sectorof Development Plan for(Planning / Special Area), is
hereby published and the Notice is given that a copy of the said draft Development Plan or draft
Sectoral Plan is available for inspection during the office hours in the following offices:1
2
3
4
The particulars of the said draft Development Plan or draft Sectoral Plan have
been specified in the Schedule below.
If there be any objection or suggestion with respect to the said draft
Development Plan or draft Sectoral Plan, it should be sent in writing to the Director, Town and
Country Planning Department, Himachal Pradesh, Shimla within thirty days from the date of
publication of this Notice in the Official Gazette of Himachal Pradesh.
SCHEDULE
1. The Existing Land Use Maps.
2. A narrative report, supported by maps and charts explaining the provisions of the draft
Development Plan or draft Sectoral Plan.
3. The phasing of implementation of the draft Development Plan or draft Sectoral Plan as
suggested by the Director.
4. The provisions for enforcing the draft Development Plan or draft Sectoral Plan and stating
the manner in which permission for development may be obtained.
5. An approximate estimate of the cost of land acquisition for public purposes and the cost of
works involved in the implementation of the draft Development Plan or draft Sectoral Plan.
Place.
Date..
Director
Town and Country Planning Department,
Himachal Pradesh, Shimla
Copy to:1. The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for
publication of this Notice in one or more newspapers in circulation in the Planning /
Special Area.
2. The Controller, Printing and Stationeries Department, Himachal Pradesh, Shimla for
publication of this Notice in the Official Gazette of Himachal Pradesh. A copy of Gazette
publication may be sent to this office.
3. All the Town and Country Planners in Town and Country Planning Department, Himachal
Pradesh.
4. All the Assistant Town Planners in Town and Country Planning Department, Himachal
Pradesh.
5. Notice Board.
Director
Town and Country Planning Department,
Himachal Pradesh, Shimla
40
GOVERNMENT OF HIMACHAL PRADESH
TOWN AND COUNTRY PLANNING DEPARTMENT
FORM-9
(See rule- 12(1))
NOTICE OF MODIFICATIONS IN THE DEVELOPMENT PLAN OR
SECTORAL PLAN
No
Dated.
Whereas, the draft Development Plan for..(Planning/Special Area)
or draft Sectoral Plan for Sector.of Development Plan for
..(Planning/Special Area) was published by the Director, Town and Country
Planning Department, Himachal Pradesh, Shimla under Rule 11 of the Himachal Pradesh Town
and Country Planning Rules, 2014 vide Notice No......
dated...for inviting objection(s) and suggestion(s), which were duly considered and the
modifications were made, wherever required and the draft Development Plan or draft Sectoral
Plan was submitted to the Government for approval.
Now, in exercise of the powers vested under sub-section (1) of section 20 or
section 23of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of
1977), the Governor, Himachal Pradesh proposes to approve the aforesaid Development Plan
for(Planning/Special Area) or Sectoral Plan for Sectorof Development Plan
for (Planning/Special Area) with modifications as specified in the Schedule below
and said modifications are hereby published in the Official Gazette of Himachal Pradesh.
As required under sub-section (2) of section 20 or section 23 of the Act, ibid,
Notice is hereby given to invite objection (s) or suggestion(s) to the said modifications within a
period of thirty days from the date of publication of this Notice in the Official Gazette of
Himachal Pradesh.
Any objection or suggestion with respect to the said modifications may be
submitted by any person to the Secretary, (Town and Country Planning) to the Government of
Himachal Pradesh, Shimla in writing within a period of thirty days from the date of publication
of this Notice in the Official Gazette of Himachal Pradesh and such objection or suggestion
which may be received before the expiry of the period specified above will be considered by
the State Government.
SCHEDULE
1.
2.
3.
4.
....
Place ..
Date
Secretary (TCP) to the
Government of Himachal Pradesh
Copy to:1. The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for
publication of this Notice in one or more newspapers in circulation in the Planning / Special
Area.
2. The Controller, Printing and Stationeries Department, Himachal Pradesh, Shimla for
publication of this Notice in the Official Gazette of Himachal Pradesh. A copy of Gazette
publication may be sent to this office.
3. The Director, Town and Country Planning Department, Himachal Pradesh, Shimla.
4. Notice Board.
Secretary (TCP) to the
Government of Himachal Pradesh
41
GOVERNMENT OF HIMACHAL PRADESH
TOWN AND COUNTRY PLANNING DEPARTMENT
FORM-10
(See rule -12(2))
NOTIFICATION FOR APPROVAL AND NOTICE OF PUBLICATIONOF
DEVELOPMENT PLAN OR SECTORAL PLAN
No.
Dated.
Whereas, the draft Development Plan for(Planning/Special
Area) or draft Sectoral Plan for Sectorof
Development Plan for
(Planning/Special Area) was published by the Director, Town and Country
Planning Department, Himachal Pradesh, Shimla under Rule 11 of the Himachal Pradesh Town
and Country Planning Rules, 2014 vide Notice Nodatedfor
inviting objection(s) and suggestion(s), which were duly considered and the modifications were
made, wherever required /no objection or suggestion was received on the modifications and the
Development Plan or Sectoral Plan was submitted to the Government for approval.
Or
Whereas, objections and suggestions were invited on modifications by the
undersigned under Rule 12(1) of the Himachal Pradesh Town and Country Planning Rules,
2014 vide Notice Nodatedwith respect to the draft
Development Plan for(Planning/Special Area) or draft Sectoral Plan for
Sectorof Development Plan for .(Planning/Special Area); and whereas no
objection or suggestions has been received.
Or
Whereas, objections and suggestions were received which were considered and
rejected.
Or
Whereas, objections and suggestions were received and the modifications have
been made in the said draft Development Plan or draft Sectoral Plan.
Now, in exercise of the powers vested under sub-section (1) of section 20 or
section 23 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of
1977), the Governor, Himachal Pradesh is pleased to approve the Development Plan
for..(Planning/Special Area) or Sectoral Plan for Sectorof Development
Plan for (Planning/Special Area), with modifications/ without modifications and the
same is hereby published in the Official Gazette of Himachal Pradesh as required under subsection (4) of section 20 or section 23 of the Act ibid. A Notice is hereby given that a copy of
the said Development Plan or Sectoral Plan is available for inspection during office hours in the
following offices:1..
2..
3..
4..
The said Development Plan or Sectoral Plan shall come into operation from the
date of the publication of this Notification in the Official Gazette of Himachal Pradesh.
Place ...
Date.
Secretary (TCP) to the
Government of Himachal Pradesh
42
Copy to:1.
2.
3.
4.
The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for
publication of this Notification in one or more newspapers in circulation in the Planning /
Special Area.
The Controller, Printing and Stationeries Department, Himachal Pradesh, Shimla for
publication of this Notification in the Official Gazette of Himachal Pradesh. A copy of
Gazette publication may be sent to this office.
The Director, Town and Country Planning Department, Himachal Pradesh, Shimla.
Notice Board.
Secretary (TCP) to the
Government of Himachal Pradesh
FORM-11
(See rule 16(1))
FORM OF APPLICATION FOR PERMISSION UNDER SUB-SECTION (2) OF
SECTION 15-A OR CLAUSE (a) OF SECTION 16 OR SUB-SECTION (1) OF
SECTION 30 OR SECTION 30-A (BEYOND THE LIMITS AS SPECIFIED UNDER
SECTION 30-A) OF THE HIMACHAL PRADESH TOWN AND COUNTRY
PLANNING ACT, 1977 (ACT NO. 12 OF 1977) FOR SUB-DIVISION /DEVELOPMENT
OF LAND
No
Dated
To
The Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Sir,
*I/we hereby apply for permission to undertake / carry out the sub-division/
development of land in Khata NoKhatauni No. Hadbast
No.Mauja/ Mohal No.. .Khasra
No.measuring.. square Meter, over which I/We possess the necessary
ownership rights, situated at Street/ Road/ Ward No. . Block
No.. Plot No.. of Scheme (Name of the Scheme, if
any)
Village..Post
Office..
Tehsil
District. Himachal Pradesh.
I/We hereby submit the following documents:(i)
(ii)
a copy of latest original tatima showing Khasra number(s), description and area of land
in question, abutting path with its width as well as adjoining Khasra number(s) falling
on all the outer limits/ boundaries of the land in question. The land applied for is shown
in red, in the tatima.
(iii)
three sets of Location Plan in the scale of 1:1000 showing North direction, indicating
the land in question, showing main approach road(s), name of road(s) on which the
property and boundaries abuts, important public buildings like hospital, school, cinema,
petrol pump, existing land uses / building uses surrounding the land.
*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
43
(iv)
three sets of Site Plan in the scale of 1:200 showing North direction and all the
boundaries of land in question, abutting path with its width, natural features like
nullahs, ponds, tress, slopes, contours at an interval of 5.00 Metres if the land is
undulated, high tension lines passing through or adjoining the land, existing roads,
highways showing the right of way, railway lines, airports with their specification(s)
and boundaries, showing details of utilities and services like water supply, drainage,
sullage, sewage, sewerage alongwith disposal of drainage, sullage, sewage, position of
septic tank, soak pit, rain harvesting tank, electric and telephone poles, showing manner
and site for muck disposal and all such other matters which need to be co-ordinated
with the adjoining area.
(v)
for sub-division of land into plots, three sets of Drawings in the scale of 1:100 showing
North direction, dimensions and area of plots, internal roads, set backs, parks and open
spaces, community buildings such as schools, dispensary, post office, bank etc. and all
development proposals including a general report and mode so as to make scheme self
explanatory.
(vi)
a note indicating the type of development proposed i.e. land use or building use,
namely residential or commercial or industrial or public and semi-public etc.
Certified that the plans have been prepared, designed and signed by
Sh./Smt./M/s.(Name and address of the registered Town
Planner/ Architect/ Engineer/ Draughtsman/ Surveyor) having Registration
No.dated.
I/We have deposited a fee of Rs..only (Rupeesonly) in
accordance with the scale as specified under sub-rule (2) of Rule 16 of the Himachal
Pradesh Town and Country Planning Rules, 2014.
Enclosers: As above.
Yours faithfully,
*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
44
FORM-12
(See rule 16(1))
FORM OF APPLICATION FOR PERMISSION UNDER SUB-SECTION (2) OF
SECTION 15-A OR CLAUSE (a) OF SECTION 16 OR SUB-SECTION (1) OF
SECTION 30 OR SECTION 30-A (BEYOND THE LIMITS AS SPECIFIED UNDER
SECTION 30-A) OF THE HIMACHAL PRADESH TOWN AND COUNTRY
PLANNING ACT, 1977 (ACT NO. 12 OF 1977) FOR DEVELOPMENT OF LAND /
CONSTRUCTION OF BUILDING
No
Dated
To
The Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Sir,
*I/we hereby apply for permission to erect/ re-erect, to make addition or
alteration, to undertake repairs to a building on a piece of land
in Khata
NoKhatauni No. Hadbast No.. Mauja/ Mohal No.
. .Khasra
No.measuring.. square Meter, over
which I/We possess the necessary ownership rights, situated at Street/ Road/ Ward No.
.
Block
No..
Plot
No..
of
Scheme (Name of the Scheme, if any) Village..Post
Office.. Tehsil District. Himachal Pradesh.
I/We hereby submit the following documents:(i)
(ii)
a copy of latest original tatima showing Khasra number(s), description and area of land
in question, abutting path with its width as well as adjoining Khasra number(s) falling
on all the outer limits/ boundaries of the land in question. The land applied for is shown
in red, in the tatima.
(iii)
three sets of Location Plan in the scale of 1:1000 showing North direction, indicating
the land in question, showing main approach road(s), name of road(s) on which the
property and boundaries abuts, important public buildings like hospital, school, cinema,
petrol pump, existing land uses / building uses surrounding the land.
(iv)
three sets of Site Plan in the scale of 1:200 showing North direction and all the
boundaries of land in question, abutting path with its width, natural features like
nullahs, ponds, tress, slopes, contours at an interval of 5.00 Metres if the land is
undulated, high tension lines passing through or adjoining the land, existing roads,
highways showing the right of way, railway lines, airports with their specification(s)
and boundaries, showing details of utilities and services like water supply, drainage,
sullage, sewage, sewerage alongwith disposal of drainage, sullage, sewage, position of
septic tank, soak pit, rain harvesting tank, electric and telephone poles, showing manner
and site for muck disposal and all such other matters which need to be co-ordinated
with the adjoining area.
(v)
for construction of building, apartment, colony etc., three sets of Drawings in the scale
of 1:100 showing North direction, dimensions and area of building, apartment, colony
etc. and other architectural details and Specifications (enclosed herewith) of proposed
building, apartment, colony etc alongwith Schedule of Area (enclosed herewith)
including built up and open area, set backs.
*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
45
(vi)
A copy of Structural Stability Certificate and a copy of Soil Investigation Report (for
the areas falling in sliding and sinking zones as defined in respective Interim
Development Plans or Development Plans or for any re-claimed piece of land). (Strike
out which is not applicable).
(vii)
a note indicating the type of development proposed i.e. land use or building use,
namely residential or commercial or industrial or public and semi-public etc.
Certified that the plans have been prepared, designed and signed by
Sh./Smt./M/s(Name and address of the registered Town
Planner/ Architect/ Engineer/ Draughtsman/ Surveyor) having Registration
No.datedand the Structural Stability Certificate has been
issued by Sh./ Smt./ M/s (Name and address of the registered Civil
Engineer) having Registration Nodatedand the Soil Investigation
Report has been issued by Sh./Smt./M/s(Name and address of the
registered Geologist) having Registration No..dated(Strike
out which is not applicable).
I/We have deposited a fee of Rs..only (Rupeesonly)
in accordance with the scale as specified under sub-rule (2)of Rule 16 of the Himachal
Pradesh Town and Country Planning Rules, 2014.
Enclosers: As above.
Yours faithfully,
SPECIFICATIONS
M2
(i)
(ii)
=
=
M2
M2
(vi) ...
=
=
=
=
M2
M2
M2
M2
1.
2.
3.
4.
Foundation
Walls
Floors
Roofs
*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
46
5.
Nos.
6.
Nos.
7.
Nos.
8.
Whether the site has been built upon before or not, if so, when did the previous building
cease to be fit for occupation
9.
1.
2.
=
=
=
M2
M2
M2
=
=
=
=
M
M
M
M
Signature of Applicant(s)
47
Registered (AD) /Speed Post
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM- 13
(See rule-18 and 19)
FORM OF PERMISSION FOR DEVELOPMENT/ SUB-DIVISION OF LAND/
CONSTRUCTION OF BUILDING
No
Dated ...
ORDER
To
Sh./Smt./M/s
..
..
Subject:-
Reference:-
You are hereby granted permission under section 31 as applied by you under
section 28 or section 29 or section-30 or section 30-A (beyond the limits as specified under
section 30-A) of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of
1977)to carry out the development/sub-division of land/ construction of building as mentioned
in your Application under reference, subject to the following conditions, namely:1.
2.
3.
4.
Building permission shall be obtained from the local authorities concerned before the
commencement of the development.
The building operations shall be carried on strictly in accordance with the approved
building plan.
The permission is valid for a period of three years. After lapse of permission you shall
have to apply for extension of permission.
One copy of the approved plan is enclosed herewith.
Please acknowledge the receipt of this order.
Enclosers: As above.
Director
Town and Country Planning Department,
Himachal Pradesh, Shimla
Copy to:1.
2.
The Chairman, Town and Country Development Authority alongwith a copy of the
approved plan for information and further necessary action.
3.
Enclosers: As above.
Director
Town and Country Planning Department,
Himachal Pradesh, Shimla
48
Registered (AD) /Speed Post
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM- 14
(See rule -20)
FORM OF REFUSAL FOR DEVELOPMENT/ SUB-DIVISION OF LAND/
CONSTRUCTION OF BUILDING
No
Dated ...
ORDER
To
Sh./Smt./M/s
..
..
Subject:-
Reference:-
You are hereby informed that the permission to carry out the development
works as mentioned in your Application under reference, is refused under clause (c) of subsection (1) of section 31 of the Himachal Pradesh, Town and Country Planning Act 1977, (Act
No. 12of 1977) on the following grounds:1. .
2. .
3. .
One copy of refused plan is enclosed herewith.
Please acknowledge the receipt of this order.
Enclosers: As above.
Director
Town and Country Planning Department,
Himachal Pradesh, Shimla
49
FORM 15
(See rule-21)
FORM OF STRUCTURAL STABILITY CERTIFICATE AND
SOIL INVESTIGATION REPORT
To
The Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Subject:-
I/We
hereby
certify
that
the
building
of
Sh./
Smt./
M/s. proposed over Khasra No Mauja /Ward No.
Tehsil. District Himachal Pradesh has been designed by me / us, as per
the Indian Standards Codes for general structural safety against natural hazards including
earthquake protections and after soil investigations. The building is structurally safe.
Name
(Civil Engineer)
Registration Nodated.
Address..
I/We hereby certify that the soil and strata of the land over which building of
Sh./ Smt./ M/s.has been proposed to be constructed on Khasra No..
Mauja /Ward No. Tehsil. District Himachal Pradesh
falling in sliding and sinking zones as defined in respective Interim Development Plan or
Development Plan or in re-claimed piece of land has been geologically investigated by me / us,
as per the Indian Standards Codes. The bearing capacity of soil and strata can sustain the load
of the proposed building and it is safe.
Name
(Geologist)
Registration Nodated.
Address..
(Strike out which is not applicable)
50
FORM-16
(See rule-22)
FORM OF APPLICATION FOR APPEAL
No. ..
Dated
To
The Secretary (TCP) to the,
Government of Himachal Pradesh,
Shimla.
Subject:
Reference:
Sir,
My /our application for grant of permission for development/ sub-division of
land/ construction of building/ grant of licence has been refused by the Director vide Order No.
..dated.. A certified copy of the Order is attached herewith. Against
this Order, I am making this appeal. The clear statement of facts of the case and the grounds on
which this appeal is made, is as under:1
2. ..
3. ..
4. ..
In view of above stated grounds, precisely the relief prayed for is as under:1
2. ..
3. ..
4. ..
I/ we have deposited a sum of Rs.only (Rupees
only) through Treasury Challan (original copy attached herewith)
or through e-payment, as the prescribed fee for making this appeal.
I/ we.do hereby declare that the facts and contents
stated above are true to the best of my/our knowledge and belief.
Place
Date.............
Enclosers: As above.
Yours faithfully,
(Signature of the Applicant(s))
Address.
..
..........
Phone No...
51
FORM- 17
(See rule 24)
NOTICE TO THE GOVERNMENT TO PURCHASE INTEREST IN THE LAND
No
Dated..
To
The Secretary (TCP) to the,
Government of Himachal Pradesh,
Shimla.
Sir,
*I/we hereby apply for permission to undertake / carry out the sub-division/
development of land in
Khata NoKhatauni No. Hadbast
No..
Mauja/
Mohal
No.
.
.Khasra
No.measuring.. square Meter, over which I/We possess the necessary
ownership rights, situated at Street/ Road/ Ward No. . Block
No.. Plot No.. of Scheme (Name of the Scheme, if
any)
Village..Post
Office..
Tehsil
District. Himachal Pradesh.
It is further submitted that:1.
The land has become incapable of reasonably beneficial use in its existing state; or
2.
The land cannot be rendered capable of reasonably beneficial by carrying out the
permitted development in accordance with the permission; or
3.
The sale value has been diminished due to the reasons given below:
In view of the above mentioned reasons, I/we pray the Government to acquire
the necessary interest in land, in accordance with the provisions of sub-section (5) of Section
35 of the Himachal Pradesh Town and Country Planning Act, 1977 ( Act No. 12 of 1977).
I/ we/am/are enclosing herewith following documents for taking further action in
the matter:1.
Proof of ownership
2.
Location Plan
3.
Site Plan
4.
..
5.
..
Enclosers: As above.
Yours faithfully,
(Signature of the Applicant(s))
Address..
..
..
Phone No...
*e-mail address .
*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
52
Registered (AD) /Speed Post
TOWN AND COUNTRY DEVELOPMENT AUTHORITY/SPECIAL AREA
DEVELOPMENT AUTHORITY HIMACHAL PRADESH
FORM -18
(See rule-25)
ORDER OFREVOCATION/ MODIFICATION OF DEVELOPMENT
PERMISSION
No
Dated ..
1
2
3
Chairman
Town and Country Development Authority/
Special Area Development Authority
53
Registered (AD)/Speed Post
TOWN AND COUNTRY DEVELOPMENT AUTHORITY/SPECIAL AREA
DEVELOPMENT AUTHORITY HIMACHAL PRADESH
FORM-19
(See rule 26(3))
ORDER
No..
Dated
FORM- 20
(See rule -27)
NOTICE UNDER SECTION 38 OF THE HIMACHAL PRADESH TOWN AND
COUNTRY PLANNING ACT, 1977
(ACT NO. 12 OF 1977)
No..
To
Shri /Smt./M/s ..
..
(Owner/Occupier)
Dated,
54
Subject:-
without the permission as required under sub-section (2) of section 15-A or clause (a)
of section 16 or sub-section (1) of section 28 or section 29 or sub-section (1) of
section 30 or sub-sections (1) or (2) of section 30-A (beyond the limits as specified
under section 30-A) of the Himachal Pradesh Town and Country Planning Act, 1977
(Act No.12 of 1977).
OR
(b)
(c)
in contravention of the permission duly modified under sub-section (2) of section 15A or clause (a) of section 16 or sub-section (1) of section 28 or Section 29 or subsections (1) or (2) of section 30-A (beyond the limits as specified under section 30-A)
or sub-section (1) of section 31 of the Himachal Pradesh Town and Country Planning
Act,
1977
(Act
No.12
of
1977)
vide
Order
Nodated
OR
(d)
after the permission for development has been duly revoked under sub-section (1) of
section 37 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act
No.12
of
1977),
vide
Order
No.dated
OR
(e)
in contravention to the provisions specified under sections 39, 39-A, 39-B and 39-C
of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977).
As such, you are hereby required to show cause either personally or through
your duly authorized agent within thirty days from the receipt of this Notice, as to why action
under section 38 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of
1977) be not initiated against you.
Director
Town and Country Planning Department
Himachal Pradesh, Shimla
(Strike out which is not applicable).
55
Registered (AD)/Speed Post
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM- 21
(See rule -28)
NOTICE UNDER SUB-SECTION (1) OF SECTION 39 OF THE HIMACHAL
PRADESH TOWN AND COUNTRY PLANNING ACT, 1977
(ACT NO. 12 OF 1977)
No..
To
Shri /Smt./M/s ..
..
..
(Owner/Occupier)
Subject:-
Dated,
Whereas, it has been observed that you have commenced / carried out/carrying
out the development on the land or you have changed or are changing the use of land
i.e(Description
of
Land)
situated
on
Khasra
NoWard/Mohal/VillageTehsilDistrict.Himachal Pradesh:(a)
without the permission as required under sub-section (2) of section 15-A or clause (a)
of section 16 or sub-section (1) of section 28 or section 29 or sub-section (1) of
section 30 or sub-sections (1) or (2) of section 30-A (beyond the limits as specified
under section 30-A) of the Himachal Pradesh Town and Country Planning Act, 1977
(Act No.12 of 1977).
OR
(b)
(c)
in contravention of the permission duly granted under sub-section (2) of Section 15-A
or clause (a) of section 16 or sub-section (1) of section 28 or section 29 or subsections (1) or (2) of section 30-A (beyond the limits as specified under section 30-A)
or sub-section (1) of section 31 of the Himachal Pradesh Town and Country Planning
Act,
1977
(Act
No.12
of
1977)
vide
Order
Nodated
OR
(d)
after the permission for development has been duly revoked under sub-section (1) of
section 37 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act
No.12 of 1977), vide Order Nodated
OR
(e)
in contravention to the provisions specified under sections 39, 39-A, 39-B and 39-C
of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977).
Now, therefore, you are directed:-
56
(a) to restore the land to the condition existing before the development took
place.
OR
(b) to comply with the conditions of the permission granted or modified and
conveyed to you vide Order No.dated..
OR
(c) to alter the development in conformity with the condition(s) subject to
which permission has been granted to you as under:(i).
(ii)
(iii)...
OR
(d) to stop and discontinue the development operations as under:(i).
(ii)
(iii)...
Within a period of fifteen days from the date of service of this Notice. If within
the period as specified in this Notice, you fail to comply with the above direction(s), subject to
the provisions to sub-sections (3), (4) or (5) of section 39 of the Himachal Pradesh Town and
Country Planning Act, 1977 (Act No.12 of 1977), you shall be liable for action under subsection (6) of section 39 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act
No.12 of 1977).
Director
Town and Country Planning Department
Himachal Pradesh, Shimla
(Strike out which is not applicable).
Copy to:1.
The Director, Information and Public Relation Department, Himachal Pradesh, Shimla /
District Public Relation Officer, District .Himachal Pradesh for
information and circulation of this news item so that public may not go for purchase of
illegal plot / flat / apartment /building as referred to above.
2.
The Executive Engineer, Division No. , Himachal Pradesh State Electricity Board
Ltd.. with the request that service connection may not be released or to
disconnect the service connection of the above said owner/ occupier immediately.
3.
The Executive Engineer, Division No.. , Himachal Pradesh Irrigation and Public
Health Department, with the request that service connection may not be
released or to disconnect the service connection of the above said owner/ occupier
immediately.
4.
Notice Board.
Director
Town and Country Planning Department
Himachal Pradesh, Shimla
57
Registered (AD)/Speed Post
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM - 22
(See rule -29)
NOTICE UNDER SUB-SECTION (2) OF SECTION 39 OF THE HIMACHAL
PRADESH TOWN AND COUNTRY PLANNING ACT, 1977 (ACT NO. 12 OF 1977)
No..
Subject:-
Dated..
Whereas, a Notice was issued under rule 28 of the Himachal Pradesh Town and
Country Planning Rules, 2014 to Shri/Smt./M/s ; and
Whereas, the directions issued vide aforesaid Notice have not complied
with.;
Now, therefore, a Notice is served under sub-section (2) of section 39 of the
Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977) to Shri/
Smt./M/sand he / she/ them is /are directed to stop or to seal the un-authorized
development
on
the
land
situated
on
Khasra
No..Ward/Mohal/Village.Tehsil..DistrictHimachal
Pradesh in the following manner:1
2
3
Director
Town and Country Planning Department
Himachal Pradesh, Shimla
Shri/Smt./M/s
(Owner/Occupier)
Copy to:1.
The Director, Information and Public Relation Department, Himachal Pradesh, Shimla /
District Public Relation Officer, District .Himachal Pradesh
for
information and circulation of this news item so that public may not go for purchase of
illegal plot / flat / apartment /building as referred to above.
2.
The Executive Engineer, Division No. , Himachal Pradesh State Electricity Board
Ltd.. with the request that service connection may not be released or to disconnect
the service connection of the above said owner/ occupier immediately.
3.
The Executive Engineer, Division No.., Himachal Pradesh Irrigation and Public Health
Department,. with the request that service connection may not be released or to
disconnect the service connection of the above said owner/ occupier immediately.
4.
Notice Board.
Director
Town and Country Planning Department
Himachal Pradesh, Shimla
58
Registered (AD)/Speed Post
*TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
*FORM - 23
(See rule 31)
ORDER UNDER SUB-SECTION (1) SECTION 39-A OF THE HIMACHAL PRADESH
TOWN AND COUNTRY PLANNING ACT, 1977
(ACT NO. 12 OF 1977)
No..
Dated
Subject:-
Whereas, it has been brought to the Notice of the undersigned, pursuant to the
inspection conducted on dated.,that un-authorized development is being or has been
carried out by Shri/Smt./M/s..on the above referred land, as detailed
in Annexure-A to this order;
And, whereas the said un-authorized development falls within
..Planning /Special Area and is being or has been carried out, in
contravention of the Interim Development Plan/ Development Plan / Sectoral Plan/ Himachal
Pradesh Town and Country Planning Rules, 2014 or without permission or approval or sanction
as required under sub-section (2) of section 15-A or clause (a) of section 16 or sub-section (1)
of section 28 or section 29 or sub-sections (1) or (2) of section 30-A (beyond the limits as
specified under section 30-A) or sub-section (1) of section 31 of the Himachal Pradesh Town
and Country Planning Act, 1977 (Act No.12 of 1977) or in contravention of any conditions
subject to which such permission, approval or sanction has been granted vide Order
No.dated.;
Now, therefore, in exercise of the powers vested under sub-section (1) of section
39-A of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), it
is hereby ordered that the said development be
discontinued/stopped forthwith on the above
referred land.
...(Signature)
...(Designation)
for on behalf of the State
Government of Himachal Pradesh
Shri/Smt./M/s.
Address...
ANNEXURE-A
(Details of un-authorized constructions)
1.
2.
3.
4.
...(Signature)
...(Designation)
for on behalf of the State
Government of Himachal Pradesh
*As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
59
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM 24
(See rule 32)
FORM FOR POLICE ASSISTANCE
No.
Dated
60
Registered (AD)/Speed Post
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM- 25
(See rule 34)
Dated..
To
Sh./Smt./M/s.
...
...
Whereas, it has been brought to the notice of the undersigned, pursuant to the
inspection conducted on dated that un-authorized development is being or has
been
carried
out
by
you
on
the
land
situated
on
Khasra
NoWard/Mohal/VillageTehsil.District.Himachal
Pradesh, in contravention of the Interim Development Plan/ Development Plan / Sectoral Plan/
Himachal Pradesh Town and Country Planning Rules, 2014 or without permission or approval
or sanction as required under sub-section (2) of section 15-A or clause (a) of section 16 or subsection (1) of section 28 or section 29 or sub-sections (1) or (2) of section 30-A (beyond the
limits as specified under section 30-A) or sub-section (1) of section 31 of the Himachal Pradesh
Town and Country Planning Act, 1977 (Act No.12 of 1977) or in violation of the conditions of
the permission/approval/sanction given to you vide Order Nodated
; and
In order to prevent any dispute as to the nature and extent of the un-authorized
development and for the purpose of carrying out the provisions of the Himachal Pradesh Town
and Country Planning Act, 1977 (Act No.12 of 1977), it is proposed to make an order sealing
the said un-authorized development under section 39-B of the Himachal Pradesh Town and
Country Planning Act, 1977 (Act No.12 of 1977); and
Therefore, you are hereby called upon to show cause within a period
ofdays from the service of this Notice to the satisfaction of the undersigned, as
to why the said un-authorized development be got directed to be sealed under section 39 (B) of
the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977); and
Take further notice that on(date) between(time) you
and /or your authorized representative shall appear for hearing in my below referred office in
support of your contentions, failing which you shall be proceeded against ex-parte; and
At the time of hearing you may also, in addition to the above, produce such
evidence, as you may desire to produce in support of your contentions.
..(Signature)
..(Designation)
for on behalf of the State
Government of Himachal Pradesh.
61
FORM 26
(See rule 35(1))
FORM OF APPLICATION FOR COMPOSITION OF OFFENCES UNDER SECTION
39-C READ WITH SUB-SECTION (3) OF SECTION 39 OF THE HIMACHAL
PRADESH TOWN AND COUNTRY PLANNING ACT, 1977
(ACT NO. 12 OF 1977)
No
Dated:
To
The Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Subject:-.
Reference:-
Sir,
With reference to your Notice referred to above, I/we beg to submit that I/we
may kindly be granted permission under section 39-C read with sub-section (3) of section 39 of
the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12, of 1977) for
composition of offences i.e. deviations / un-authorized constructions/ developments having
carried
out
on
land
bearing
Khasra
NoKhata/Khatauni
No.measuringsquare
Metre
situated
at
Mauza............
Pargana.........................TehsilDistrictHimachal Pradesh. My /our original map
was approved vide order No.........dated (strike out if no map was
approved).
The reasons for composition of offences i.e. deviations / un-authorized
constructions/developments are as under:1
2...
3
4
The details of offences i.e. deviations / un-authorized constructions/
developments are as under:1.
In case of building where plan was approved and deviations have been carried out from
the approved plan, beyond the prescribed limits, as specified under Rules and
Regulations. Details of deviations /developments carried out are as under:(I)
(II)
Schedule of Area:
(i) Built up Area
(ii) Open area
(iii) Total Plot Area
=
=
=
M2
M2
M2
=
=
=
=
M
M
M
M
Nos.
62
(IV) Deviations in the Set Backs (Storey wise)
(i) Ground Storey
(ii) First Storey
(iii) Second Storey
(iv) Third Storey
(v) Fourth Storey
(vi) Fifth Storey
(vii) .
2.
M2
M2
M2
M2
M2
M2
M2
In case of building where plan was not approved and construction carried out is as per the
Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12, of 1977), the
Himachal Pradesh Town and Country Planning Rules, 2014 and Regulations of the
Interim Development Plan or Development Plan. Details of developments carried out are
as under:(I)
(II)
(III)
3.
=
=
=
=
=
=
=
Schedule of Area:
(i) Built up Area
(ii) Open area
(iii) Total Plot Area
=
=
=
M2
M2
M2
=
=
=
=
M
M
M
M
Nos.
In case of building where plan was not approved and deviations have also been carried
out plan, beyond the prescribed limits, as specified under Rules and Regulations. Details
of deviations /developments carried out are as under:(I)
(II)
Schedule of Area:
(i) Built up Area
(ii) Open area
(iii) Total Plot Area
=
=
=
M2
M2
M2
=
=
=
=
M
M
M
M
Nos.
Ground Storey
First Storey
Second Storey
Third Storey
Fourth Storey
Fifth Storey
.
=
=
=
=
=
=
=
M2
M2
M2
M2
M2
M2
M2
In case of building constructed on an under size plot i.e. less than the permissible plot
size, as specified under Rules and Regulations. Details of deviations/ development
carried out are under:(I) Schedule of Area
(i) Plot Area as specified under Rules and Regulations
M2
63
(ii) Minimum Plot Area over which building has been constructed
M2
M2
(v)
(vi)
(vii)
(viii)
(ix)
Enclosers: As above.
Yours faithfully,
Signature of applicant(s)
Address...
........
........
Phone No
64
Registered (AD)/Speed Post
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM- 27
(See rule- 35(1))
FORM OF PERMISSION FOR COMPOSITION OF OFFENCES
No..
Dated
To
Sh./Smt./M/s.
..
..
Subject:-
Reference:-
Director
Town and Country Planning Department,
Himachal Pradesh, Shimla
......
TOWN AND COUNTRY DEVELOPMENT AUTHORITY
HIMACHAL PRADESH
FORM 28
(See rule 36(1))
NOTICE OF DECLARATION OF INTENTION TO PREPARE TOWN
DEVELOPMENT SCHEME
No..
Dated
It is hereby declared and published for the information of the general public as
required under sub-section (2) of section 52 of the Himachal Pradesh Town and Country
Planning Act, 1977 (Act No. 12 of 1977), that the Town and Country Development Authority
intends to prepare Town Development Scheme for .Planning/Special Area.
A copy of the said Scheme is available for inspection in the office of the undersigned.
Place.
Date .
Chairman
Town and Country Development Authority
Himachal Pradesh
65
Copy to:1.
The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for
publication of this Notice in one or more newspapers in circulation in the Planning /
Special Area.
2.
The Controller, Printing and Stationeries Department, Himachal Pradesh, Shimla for
publication of this Notice in the Official Gazette of Himachal Pradesh. A copy of Gazette
publication may be sent to this office.
3.
The Director, Town and Country Planning Department, Himachal Pradesh, Shimla.
4.
Notice Board.
Chairman
Town and Country Development Authority
Himachal Pradesh.
..
TOWN AND COUNTRY DEVELOPMENT AUTHORITY
HIMACHAL PRADESH
FORM 29
(See rule 36(2))
Dated
Notice is hereby given that a draft Town Development Scheme has been
prepared for the (Planning/Special Area) under sub-section (3) of section 52 of the
Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977) and a copy
thereof is available for inspection during office hours in the following offices:1.
2.
3.
4.
Any objection or suggestion with respect to the draft Scheme, which is
received in writing from any person(s) likely to be affected thereby within thirty days of the
publication of this Notice in the Official Gazette of Himachal Pradesh, will be considered, by
the Town and Country Development Authority after having been given him/them opportunity
of being heard in person, if he/ they so desire.
Place.
Date .
Chairman
Town and Country Development Authority
Himachal Pradesh
Copy to:1.
The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for
publication of this Notice in one or more newspapers in circulation in the Planning /
Special Area.
2.
The Controller, Printing and Stationeries Department, Himachal Pradesh, Shimla for
publication of this Notice in the Official Gazette of Himachal Pradesh. A copy of Gazette
publication may be sent to this office.
3.
The Director, Town and Country Planning Department, Himachal Pradesh, Shimla.
4.
Notice Board.
Chairman
Town and Country Development Authority
Himachal Pradesh
66
TOWN AND COUNTRY DEVELOPMENT AUTHORITY
HIMACHAL PRADESH
FORM 30
(See rule 36(2))
NOTICE OF PUBLICATION OF FINAL TOWN DEVELOPMENT SCHEME
No..
Dated
Chairman
Town and Country Development Authority
Himachal Pradesh
Copy to:1.
The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for
publication of this Notice in one or more newspapers in circulation in the Planning /
Special Area.
2.
The Controller, Printing and Stationeries Department, Himachal Pradesh, Shimla for
publication of this Notice in the Official Gazette of Himachal Pradesh. A copy of Gazette
publication may be sent to this office.
3.
The Director, Town and Country Planning Department, Himachal Pradesh, Shimla.
4.
Notice Board.
Chairman
Town and Country Development Authority,
Himachal Pradesh.
67
TOWN AND COUNTRY DEVELOPMENT AUTHORITY
HIMACHAL PRADESH
FORM-31
(See rule 38(1))
NOTICE OF INTENTION TO LEVY DEVELOPMENT CHARGES UNDER SUBSECTION (1) OF SECTION 62 OF THE HIMAHCAL PRADESH TOWN AND
COUNTRY PLANNING ACT, 1977 ( ACT NO 12 OF 1977)
No..
Dated
It is hereby notified and declared for the information of general public that the
Town Development Scheme for (Planning/Special Area) has been completed.
The Town and Country Development Authority intends to levy Development Charges, as per
Schedule given below, in the (Planning/Special Area) affected by the Scheme
adjacent to it.
The owner(s) of land falling within the aforesaid area are liable to pay the
aforesaid development charges.
The objections, if any, in this behalf are invited, by the undersigned by
date (not later than thirty days from the date of publication of this Notice) in the
Official Gazette of Himachal Pradesh.
Sr.
No.
Place
Date..
Incremental
value effected
due to
implementatio
n of Scheme
5
Incremental
difference in
value (Col.
4&5).
6
Amount
Remarks
payable by
plot owner as
Development
al Charges
7
8
Chairman
Town and Country Development Authority
Himachal Pradesh
Copy to:1.
The Director, Information and Public Relation Department, Himachal Pradesh, Shimla for
publication of this Notice in one or more newspapers in circulation in the Planning /
Special Area.
2.
The Controller, Printing and Stationeries Department, Himachal Pradesh, Shimla for
publication of this Notice in the Official Gazette of Himachal Pradesh. A copy of Gazette
publication may be sent to this office.
3.
The Director, Town and Country Planning Department, Himachal Pradesh, Shimla.
4.
Notice Board.
Chairman
Town and Country Development Authority
Himachal Pradesh
68
TOWN AND COUNTRY DEVELOPMENT AUTHORITY
HIMACHAL PRADESH
FORM 32
(See rule 38 (2))
NOTICE FOR ASSESSMENT OF DEVELOPMENT CHARGES
No..
Dated
To
Sh./Smt./M/s
.
.
Your landed property bearing Khasra NoMauja
Village/Town.TehsilDistrict Himachal
Pradesh, is affected by the Town Development Scheme for ( Planning /Special
Area) of this Authority.
You are hereby given Notice under sub-section (4) of section 62 of the
Himachal Pradesh Town and Country Planning Act, 1977 ( Act No. 12 of 1977) that the
development charges of Rsonly (Rs only) have been assessed to be due
from you.
You are hereby called upon to deposit the Development Charges as mentioned
above with the Town and Country Development Authority within a period of thirty days from
the date of receipt of this Notice.
Chairman
Town and Country Development Authority
Himachal Pradesh
..
FORM-33
(See rule 39)
APPLICATION FORPERCENT DEBENTURE(S) ISSUED BY THE
TOWN AND COUNTRY DEVELOPMENT AUTHORITY
(Broker's Stamp to be affixed here).
To
The Chairman,
Town and Country Development Authority,
Himachal Pradesh.
Sir,
I/Wehereby apply for the debentures of the
face value of Rsonly (Rs. only) of the above issue and
tender Cash/Cheque/Draft for Rsonly (Rs. only) for the purchase
of percent debentures of the Town and Country Development Authority, of the
nominal value of Rs only (Rs. only). The debentures
may kindly be issued to me/us in the denomination stated below:*Debenture of Rs.only (Rs only)
*Debenture of Rs only (Rs only)
69
*Debenture of Rs only (Rs only)
*Debenture of Rs only (Rs only)
Yours faithfully,
Dated
The debentures will be issued in the denominations of Rs 100, Rs.500, Rs. 1000,
Rs.5000, Rs.10,000, Rs. 25,000, Rs.50,000, Rs.1,00,000 and Rs.5,00,000.
If the Application is made in the name of a Registered Body excepting Trusts, the
under noted documents, if not already registered at the Public Debt Office, should
be enclosed with the investment application:(i)
APPLICATION RECEIPT
Received percent debentures of the Town and Country Development
Authority from Shri/Smt./M/s for the sum of Rs only
(Rsonly) by Cash/Cheque/ Draft subject to realization, being
Application money for the above mentioned debentures.
Note:-
70
FORM -34
(See rule 41(1))
APPLICATION FOR CERTIFICATE OF REGISTRATION BY PROMOTER
To
The Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Affix latest
stamp size
photograph
duly attested
Sir,
I/We *hereby apply for registration as a Promoter under sub-section (1) of
section 78a of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of
1977). My/ Our particulars are given below:1.
Name..
2.
Fathers Name
3.
4.
5.
Status of the applicant, whether individual or a Firm with list of partners or a Company
with list of Director(s) or a Co-operative Society with list of Executive Members or a
joint family with list of family members...
6.
Whether applicant is Income Tax payee/ assessee, if so, give Permanent Account Number
(PAN) No...
7.
Whether the applicant had ever been registered as Promoter under any other law for the
time being in force, in the State of Himachal Pradesh if so, details
thereof
8.
Whether the applicant has ever conducted or is conducting any business as a Promoter in
the State of Himachal Pradesh or in any other States, if so, details thereof
9.
10.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
71
I/We enclose herewith the following documents, namely:1.
2.
Receipt in the shape of Bank guarantee or fixed deposit duly pledged in the name
of
Director
amounting
to
Rs.only
(Rs..only ) on account of Security.
3.
4.
Statement of affairs clearly indicating the detail of Assets and Liabilities duly
certified by the Chartered Accountant.
5.
List of other documents:(i) Self certified statement regarding conditions prescribed under clause (a) to (h)
of sub-rule (1) of Rule 42 of the Himachal Pradesh Town and Country
Planning Rules, 2014.
(ii) In case the prospective Promoter does not possess himself the prescribed
qualification, then he will furnish an undertaking as prescribed under sub-rule
(5) of Rule 42 of the Himachal Pradesh Town and Country Planning Rule,
2014.
(iii)................
(iv)
(v)..
6.
The applicant shall, affix on the space provided for the purpose (at top), a latest
stamp size photograph duly attested by any Gazetted Officer or Magistrate First
Class and also add two attested copies of the same with this Form for official use.
I/We certify that the particulars given above are correct and true to the best of my/
our knowledge and belief.
Place.
Date..
Yours faithfully,
Signature of applicant(s)
Address..
...
.......
Phone No...
*e-mail address..
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
72
FORM -35
(See rule 41(1))
APPLICATION FOR CERTIFICATE OF REGISTRATION AS ESTATE AGENT
To,
The Director,
Town and Country Planning Department
Himachal Pradesh, Shimla.
Affix latest
stamp size
photograph
duly attested
Sir,
I/We *hereby apply for registration as an Estate Agent under sub-section (1) of
section 78a of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of
1977). My /our particulars are given below:1.
Name
2.
Fathers Name..
3.
4.
Permanent Address ..
..
Status of the applicant, whether individual or a Firm with list of partners or a Company
with list of Director(s) *or Association of Persons with the list of persons or a Cooperative Society with list of Executive Members or a joint family with list of family
members .......................................................................
6.
Whether applicant is Income Tax payee/ assessee, if so, give Permanent Account Number
(PAN) No..
7.
Whether the applicant had ever been registered as Estate Agent under any other law for
the time being in force, in the State of Himachal Pradesh or in any other States, if so,
details thereof...
8.
Whether the applicant possess the requisite qualification and experience as an Estate
Agent, if yes, attach attested copy of the requisite Certificate (s).
9.
2.
Receipt in the shape of Bank guarantee or fixed deposit duly pledged in the name
of Director amounting to Rs .. only (Rs
.. only ) on account of Security.
3.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
73
4.
(i)
The applicant shall, affix on the space provided for the purpose, (at top) a latest
stamp size photograph duly attested by any Gazette Officer or Magistrate First
Class and also add two attested copies of the same with this Form for official use.
I/We hereby certify that the particulars given above are correct and true to the best
of my/ our knowledge and belief.
Place:.
Date:..
Yours faithfully,
Signature of applicant(s)
Address..
...
...................
Phone No...................
*e-mail address..
.
*TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
*FORM-36
(See rule 41 (2))
REGISTRATION CERTIFICATE
(FOR PROMOTER)
File No. Shimla, Dated ..
Status of the Applicant:..
Registration No.....Date of Issue Valid upto. .
Due date of Renewal:
Renewed upto .
Name of Promoter:.
Permanent Address: ...
Correspondence Address:...
E. mail.Phone No. ..
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
Affix latest
stamp size
photograph
duly attested
74
1.
2.
This Certificate does not entitle the Promoter for issuance of advertisement,
brochures, host website etc. with regard to sale of plots/ apartments unless
Promoter has obtained a Licence under section-78p of the Himachal Pradesh Town
and Country Planning Act, 1977.
3.
The undersigned has the right to withdraw or cancel this Certificate at any time
during the tenure of Registration, if registered Promoter has given any wrong
information in his application for Registration or violates the provisions of the
Himachal Pradesh Town and Country Planning Act, 1977 and rules made
thereunder.
(Name)
Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Phone No..................
..
*TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
*FORM-37
(See rule 41 (2)
REGISTRATION CERTIFICATE
(FOR ESTATE AGENT)
File No. Shimla, Dated ..
Status of the Applicant:..
Registration No.....Date of Issue Valid upto. .
Due date of Renewal:.Renewed upto .
Affix latest
stamp size
photograph
duly attested
The Certificate entitles an Estate Agent for conducting business of sale of lands/
plots in the State of Himachal Pradesh.
The undersigned has the right to withdraw or cancel this Certificate at any time
during the tenure of Registration, if the registered Estate Agent has given any wrong
information in his application for Registration or violates the provisions of the
Himachal Pradesh Town and Country Planning Act, 1977 and rules made
thereunder.
(Name)
Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Phone No......
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
75
FORM-38
(See rule 43)
APPLICATION FOR RENEWAL OF CERTIFICATE OF REGISTRATION BY THE
PROMOTER
To
The Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Sir,
I/ We *hereby apply for renewal of Registration Certificate Number
..dated . .which expires on...
I/We enclose herewith the following documents, namely:-
1.
2.
3.
Receipt in the shape of Bank guarantee or fixed deposit duly pledged in the name of
Director
amounting
to
Rs..only
(Rs
only) on account of Security, provided earlier Bank guarantee
and Security is not over.
4.
Self certified statement regarding conditions prescribed under clause (a) to (h) of
sub-rule (1) of Rule 42 of the Himachal Pradesh Town and Country Planning
Rules, 2014.
Place.
Date.
Yours faithfully,
(Promoter)
Address..
............................
Phone No
*e-mail address..
.
FORM-39
(See rule 43)
APPLICATION FOR RENEWAL OF CERTIFICATE OF
REGISTRATION BY THE ESTATE AGENT
To
The Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Sir
I/ We *hereby apply for renewal of Registration Certificate Number
..dated ... which expires on...
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
76
I/We enclose herewith the following documents, namely:1
Receipt in the shape of e-Challan or Challan or demand draft drawn in faviour of the
Director amounting to Rs.only (Rs ..only)
on account of Registration Fee.
Receipt in the shape of Bank guarantee or fixed deposit duly pledged in the name of
Director amounting to Rs.only (Rs ..only ) on account of
Security, provided earlier Bank guarantee and Security is not over.
Self certified statement regarding conditions prescribed under clause (a) to (g) of sub-rule
(3) of Rule 42 of the Himachal Pradesh Town and Country Planning Rules, 2014.
Place
Date.
Yours faithfully,
(Estate Agent)
Address...
............................
Phone No
*e-mail address...
..
FORM-40
(See rule 44(1))
REGISTER TO BE MAINTAINED BY THE PROMOTER
Sr.
No.
Number
of Plot /
Apartment
1.
Category of
Plot /
Apartment
whether
Residential or
Commercial
or
Industrial
2.
Area of
Plot /
Apartment
3.
4.
Date of
Price fixed
Agreement
for Plot/
of sale of Plot/ Apartment
Apartment
Rs.
6.
Amount
received as
Earnest Money
Amount
received as
Allotment
Money
Total of
Col. 8 & 9
Amount
received in
installments
(if any)
Total amount
received as
full payment
of price
Balance
amount
Rs.
Rs.
Rs. - P
10.
Rs.
Rs.
Rs. - P
13.
- P
8.
- P
9.
- P
11.
- P
12.
Remarks
(Promoter)
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
- P
7.
14.
77
FORM- 41
(See rule 44(2))
REGISTER TO BE MAINTAINED BY THE ESTATE AGENT
Sr.
No.
1.
Category of Plot/
Apartment whether
Residential or Commercial
or Industrial
2.
Name and
address of the
Buyer
6.
Date of
sale
Details of Plot/
Apartment with
location etc.
Area of Plot/
Apartment
Name and
Address of the
Seller
3.
4.
5.
Amount of sale
Rs.
7.
- P
8.
(Estate Agent)
..
*TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
*FORM 42
(See rule 44(3))
REGISTER FOR KEEPING RECORD OF THE LICENCE GRANTED UNDER
SECTION 78p OF THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING
ACT, 1977 (ACT NO. 12 OF 1977) BY THE DIRECTOR
Sr.
No.
1.
Name of
Licencee
Licence
No.
2.
Detail of Bank
guarantee or security
(development
charges)
8.
3.
Detail of
service
charges
paid
9.
Date of
issue of
Licence
10.
Date on
which
Licence
expires
11.
Date of
renewal
with period
of renewal
12.
Fee paid
Rs. - P.
7.
Detail of
Licences
refused
Detail of
shelter
fee
Remarks
13
14.
15.
Director
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Phone No..
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
78
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM-43
(See rule 44(3))
REGISTER FOR KEEPING RECORD OF THE REGISTRATION CERTIFICATE
GRANTED UNDER SECTION 78a OF THE HIMACHAL PRADESH TOWN AND
COUNTRY PLANNING ACT, 1977 (ACT NO 12 OF 1977) TO PROMOTER BY THE
DIRECTOR
Sr.
No.
1.
Name of
Promoter
2.
Address of
Promoter
3.
Registration
Number
Date of issue
of
Registration
Certificate
Date on which
Registration
Certificate
expires
6.
7.
8.
Date and
period of
renewal of
Registration
Certificate
9.
Detail of Bank
guarantee or Security
5.
Detail of
Registration
Certificates
refused
Remarks
10.
11.
Director
Town and Country Planning Department,
Himachal Pradesh, Shimla.
..
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM- 44
(See rule 44(3))
REGISTER FOR KEEPING RECORD OF THE REGISTRATION CERTIFICATE
GRANTED UNDER SECTION 78a OF THE HIMACHAL PRADESH TOWN AND
COUNTRY PLANNING ACT, 1977 (ACT NO 12 OF 1977) TO ESTATE AGENT BY
THE DIRECTOR
Sr.
No.
Name of
Estate
Agent
Address
of Estate
Agent
1.
2.
3.
Registration
fee paid
Rs.
- P
4.
Detail of
Bank
Guarantee
or Security
5.
Registration
Number
6.
Date of issue
of
Registration
Certificate
7.
79
Date on which
Registration
Certificate expires
8.
Detail of
Registration
Certificates refused
10.
Remarks
11.
Director
Town and Country Planning Department,
Himachal Pradesh, Shimla.
..
FORM-45
(See rule 46(1))
RETURN TO BE FURNISHED BY THE PROMOTER
To
The Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Sir,
I/ we hereby furnish the statement of amount received from the Plot holders/
Apartment owners during the six months from . ..ending with
and
the
amount
deposited
in
Account
No.................Bank as under:Sr.
No.
1.
Name of Allottee
to whom Plot/
Apartment is
being sold
alongwith
Address
2.
Closing
Balance
Rs.- P
7.
Yours faithfully,
(Promoter)
Address..
........
Phone No
80
FORM- 46
(See rule 46(2))
ANNUAL RETURN TO BE FURNISHED BY THE ESTATE AGENT
To
The Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Sir,
I/ we hereby furnish the statement of annual return from .to
..for the Financial Yearas under:Sr.
No.
Number of
Plots/ Apartments
1.
2.
Price of Plot/
Apartment
7.
Date of sale
8.
Area of Plot/
Floor Area of
Apartment
4.
Name and
Address of
the Seller
5.
Date of execution of
Conveyance Deed
9.
Yours faithfully,
(Esate Agent)
Address..
........
Phone No
81
*FORM -47
(See rule 51)
APPLICATION FOR GRANT OF LICENCE
To
The Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Affix latest
stamp size
photograph duly
attested
Sir,
I/we hereby wish to apply for the grant of Licence to set up a Colony having
name and style of project in Khata NoKhatauni
No. Hadbast No..Mauja/ Mohal No. Khasra
No.measuringsquare Metres, TehsilDistrict.
Himachal Pradesh.
1.
(ii)
(iii)
(a) Name
(c) Occupation
.....
(b) Address
time
(iv)
Whether applicant is Income Tax payee/ assesses, if so, give Permanent Account
Number (PAN) No.
(v)
Name and address of the Bank or Banker with which Account in terms of section
78 r of the Himachal Pradesh Town and Country Planning Act,1977 (Act No. 12 of
1977) will be maintained
(vi)
Particulars about financial position:(a) Latest audited Accounts in the case of Company/ Firm/Association of
Persons/ Co-operative Society/ a joint family; and
(b) Furnish Income Tax returns of the preceding 3 years.
(vii) Statement of affairs clearly indicating the detail of Assets and Liabilities duly
certified by the Chartered Accountant.
82
(viii) Whether the applicant had ever been granted permission to set up a Colony or
Building or Apartment under any other law, if yes, details
thereof.
(ix)
Whether the applicant has ever established a Colony or is establishing a Colony, if,
yes details thereof...
(x)
Agency
to
take
up
external
development
works
....
(Self / Local Authority / Development Authority).
(xi)
Agency
to
take
up
internal
development
works
....
(Self /Local Authority / Development Authority).
(xii) Any
other
information,
the
applicant
may
like
to
furnish:
The following Plans, Drawings and other documents are submitted, namely:(i)
a copy of latest Jamabandi, not being more than 6 months old, in original showing
the title of the Promoter in the land under the colony or apartment or building.
(ii)
a copy of latest original tatima, not being more than 6 months old, showing Khasra
number(s), description and area of land in question, abutting path with its width as
well as adjoining Khasra numbers falling on all the outer limits/ boundaries of the
land in question. The land applied for is shown in red, in the tatima.
(iii)
three sets of Location Plan in the scale of 1:1000 showing North direction,
indicating the land in question, showing main approach road(s), name of road(s)
on which the property and boundaries abuts, important public buildings like
hospital, school, cinema, petrol pump, existing land uses / building uses
surrounding the land.
(iv)
three sets of Site Plan in the scale of 1:200 showing North direction and all the
boundaries of land in question, abutting path with its width, natural features like
nullahs, ponds, trees, slopes, contours at an interval of 5.00 Metre if the land is
undulated, high tension lines passing through or adjoining the land, existing roads,
highways showing the right of way, railway lines, airports with their
specification(s) and boundaries, showing details of utilities and services like water
supply, drainage, sullage, sewage, sewerage alongwith disposal of drainage,
sullage, sewage, position of septic tank, soak pit, rain harvesting tank, electric and
telephone poles, showing manner and site for muck disposal and all such other
matters which need to be coordinated with the adjoining area.
(v)
for sub-division of land into plots, three sets of Drawings in the scale of 1:100
showing North direction, dimensions and area of plots, internal roads, setbacks,
parks and open spaces, community buildings such as school, dispensary, post
office, bank etc. and all development proposals including a general report made so
as to make scheme self explanatory. In case of group housing colony shall show
the area and shall reserve 10% plotted area of the project or 10% of the total
apartments, as the case may be, having above 30,000 square metres of area for
Economically Weaker Sections and Low Income Groups of Society, but where the
total area of the project is between 5,000 to 30,000 square metres, the promoter
shall reserve 10% of plotted area and 10% of total number of apartments for such
Economically Weaker Sections and Low Income Groups of Society or shall pay
the shelter fee in lieu of such plots or apartments.
(vi)
Promoters developing a housing colony of any size shall have to show and reserve
15 % of the plotted area and 15 % of the total number of apartments and 15% of
the total number of Luxurious Dwelling Units, as the case may be in favour of
Bonafide Himachalis.
83
(vii) In case the Promoter does not wish to provide the Luxurious Dwelling Units then
he shall pay shelter fee to the Director by way of a demand draft or e-payment, as
specified under sub-section (8-a) of section 78p of the Act, in lieu of reservation of
15% of the Luxurious Dwelling Units to be reserved for Bonafide Himachalis as
per rules.
(viii) for construction of building, apartment, colony etc., three sets of Drawings in the
scale of 1:100 showing North direction, dimensions and area of building,
apartment, colony etc. and other architectural details and specifications of
proposed building, apartment, colony and all development proposal including
general report etc. alongwith schedule of built up and open area, set backs, area
calculation sheet of each plot or apartment and any other information or document
or Plan or Design, as may be required by the Director;
(ix)
(x)
three sets of Drawings showing the cross-sections of the proposed roads indicating,
in particular the width of the proposed drainage ways, cycle tracks and footpaths,
green verges, position of electric poles, telephone poles and of any of other works
connected with such roads. These Drawings shall indicate the position of sewers,
storm water channel, water supply and any other public health services. The
detailed specifications and designs of roads, works and component wise estimated
cost with cost analysis thereof.
(xi)
(xii) one set of detailed specification and design for electric supply including street
lighting with component wise estimated cost with cost analysis of each component.
(xiii) an undertaking in the shape of affidavit to the effect that while constructing the
building or apartment, the Promoter shall abide by and conform to the Himachal
Pradesh Public Works Departments specification(s) for the quality of material to
be used and quality of constructions.
(xiv) a note indicating the type of development proposed i.e. land use or building use,
namely residential or commercial or industrial or public and semi-public etc;
(xv) name and qualification of Engineer or Architect or Town Planner and the consent
to execute the development works where the Promoter himself does not possess
the qualification as prescribed under clause (b) of sub-rule (1) of rule 42 of these
rules.
(xvi) Document(s) showing Managerial and Financial Capability of Promoter.
3.
(ii)
(iii)
(iv)
84
joint family. Disclosure of the account maintained alongwith the name of the Bank
in the case of an individual.
(v)
4.
Income Tax returns of the proceeding 3 years. In the case of a new Company or a
new Firm, an attested copy of Permanent Account Number (PAN) alongwith
Income Tax returns of preceding 3 years of any one of the Director(s) of the
Company or Firm.
It is further submitted that I /we may be exempted from providing the following amenity
or amenities in the proposed Colony and an explanatory note, in duplicate alongwith
plans marked A.B.C. (so on) as to why the said amenity or amenities are not required to
be provided in the Colony are enclosed herewith:(i)
(ii)...
(iii)..
5.
I/We solemnly affirm and declare that the particulars given in para 1 to 4 above are
correct to the best of my/our knowledge and belief.
Enclosers: As above
Yours faithfully,
Dated:
Place:..
Signature of Applicant(s)
alongwith full Name(s)
Phone No
e-mail address.
..
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM-48
(See rule 52(3))
NOTICE FOR CALLING UPON THE APPLICANT TO FULFIL CONDITIONS
No
Dated..
To
Sh./Smt./M/s
.
.
This is with reference to your Application No......dated..for the
grant of Licence to set up a Colony on Khasra No..Mauja.
Tehsil..District..Himachal Pradesh.
In this regard, it is proposed to grant Licence to you for setting up a Colony on
Khasra No.....Mauja...Tehsil. District..
Himachal Pradesh.
You are, therefore, called upon to fulfill the conditions as laid down in Rule 53
of the Himachal Pradesh Town and Country Planning Rules, 2014 within a period of thirty days
from the date of the service of this Notice.
Director
Town and Country Planning Department
Himachal Pradesh, Shimla
85
Registered (AD)/Speed Post
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM- 49
(See rule 52(4))
REFUSAL TO GRANT LICENCE
No
Dated..
To
Sh./Smt./M/s
.
.
This is with reference to your Application No...... dated..for
the grant of Licence.
It is regretted that the grant of Licence is refused for the reasons given below:1. .............
2. .............
3. .............
4...............
Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
..
FORM- 50
(See Rule 53(1) (b) and Condition No. (ii) of the Licence appended to Form 51 )
AGREEMENT BY A PRROMOTER TO SET UP A COLONY
This Agreement made on the day of Two thousand
andbetween Sh./Smt./M/s ..(hereunder called the Promoter which
term shall include his legal heirs, legal representatives, successors and assigns) on the one part
and the Director, Town and Country Planning Department, Himachal Pradesh, Shimla
(hereunder called the Director) on the other part;
Whereas, the Director has agreed to grant a Licence to the Promoter, for setting
up a Colony on Khasra NoMauja. Tehsil.
DistrictHimachal Pradesh, subject to the conditions that the Promoter
shall enter into an Agreement with the Director for carrying out, completion and maintenance
of development works in the Colony, in accordance with the Licence granted to him;
Now this deed witness as follows:1.
In consideration of the Director having agreed to grant Licence to the Promoter to set up
the Colony or Building on the land mentioned in the Schedule hereto, the Promoter
hereby covenant as follows:(a)
to maintain a separate Account in any scheduled Bank of all sums taken by him
from the person intending to take or who has taken the Plot or Apartment or
Building, as an advance or deposit towards sale price or for any other purpose as
required under section 78 r of the Himachal Pradesh Town and Country Planning
Act,1977(Act No. 12 of 1977) and utilize this amount for meeting the cost of
development works in the Colony and shall, on demand, in writing, by the
Director, make full and true disclosure of all transactions in respect of that
Account;
86
(b)
that the Promoter shall pay development works charges for development works, as
prescribed under sub-section (5) of section 78 p of the Himachal Pradesh Town
and Country Planning Act, 1977 (Act No. 12 of 1977), if the main lines of roads,
drainage, sewerage, water supply and electricity are to be laid out and constructed
by the Government or any Authority constituted under the Himachal Pradesh
Town and Country Planning Act, 1977 (Act No. 12 of 1977), or any Local
Authority on payment of charges worked out by the Director on pro-rata basis at
the time of applying for Completion Certificate and Occupancy Certificate. This
will also apply in case the existing services are to be utilized by the Promoter;
(c)
that the Promoter shall construct or get constructed at his own cost schools,
hospitals, community centers and other community buildings, sewerage, street
lights, water supply, lifts as per the approved plan on the land set apart for
this purpose or transfer such land to the State Government or Local Authority
free of cost. The State Government shall be at liberty to transfer such land to any
Local Authority or person or Institution on such terms and conditions, as it may
deem fit and to be utilized for the above purposes;
(d)
that the Promoter shall be responsible for maintenance and upkeep of all roads,
open spaces, public parks and public health services for a period of five years from
the date of issue of Completion Certificate under the Building Regulations unless
earlier relieved of this responsibility and thereupon shall transfer such roads, open
spaces, public parks and public health services free of cost to the Local Authority
or Institution or registered Resident Welfare Association, as the case may be;
(e)
that the Promoter shall permit the Director or any other Officer authorized by him,
to inspect the execution of layout and development works in the Colony during
office hours and to carry out all directions issued by him for ensuring due
compliance of execution of layout of and development works in accordance with
the Licence granted;
(f)
(g)
that without prejudice to anything contained in this Agreement, all the provisions
of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of
1977) and the Himachal Pradesh Town and Country Rules,2014 and Regulations
made thereunder, shall be binding on the Promoter.
2.
Provided always and it is hereby agreed that if the Promoter commits any breach of the
terms and conditions of this Agreement or violate any provisions of the Himachal
Pradesh Town and Country Planning Act, 1977(Act No. 12 of 1977) or the Himachal
Pradesh Town and Country Rules, 2014 or the Regulations made thereunder, then, and in
any such case, and notwithstanding the waiver of any previous cause or right, the
Director may, revoke the Licence granted to him.
3.
That stamp and Registration charges on this deed shall be borne by the Promoter.
In witness thereof the Promoter and the Director have signed the deed on the
day and year first written above.
(Director)
1.
2.
Witness.dated.
Witness.dated.
(Promoter)
87
*TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM-51
(See rule 54 (1)
LICENCE
File No.Dated.
Affix latest
stamp size
Registration NoValid upto.
photograph duly
attested
Name of Promoter/ Licencee:.
E. mailPhone No.
Project Name/ Style.
Description of land:
Khata No.Khatauni No..Hadbast No....
Khasra No.Measuring.....squareMetres, Mohal/Mauza...
TehsilDistrictState
Licence No..Date of Issue.Valid upto..
Due date of Renewal:.Renewed upto ..
This Licence is granted for the aforesaid project in accordance with the project plan/
drawings approved vide No. ,dated. subject to the condition
that the undersigned has right to withdraw or cancel this Licence at any time during its tenure, if
the Licencee/Promoter has given any wrong information in his application or violates the
provision of the Himachal Pradesh Town and Country Planning Act, 1977 and rules made
thereunder.
(Name)
Director
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Phone No
Copies to:-
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
88
FORM-52
(See rule 55(1))
APPLICATION FOR RENEWAL OF LICENCE
To
The Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Sir,
I/We *hereby apply for renewal of Licence No
dated.which expires on ..........As required, I /we hereby
submit the following documents and information as under:(i)
(ii)
A copy of the Plan of the Colony showing the stage of development works
undertaken till date;
(iii)
(iv)
(v)
(vi)
Yours faithfully
Applicant (s)
Address.
...
Phone No...
*e-mail address.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
89
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM -53
(See rule 55(3))
INTIMATION FOR REJECTION OF APPLICATION FOR RENEWAL OF LICENCE
No
Dated
To
Shri/Smt./M/s
.
.
This is with reference to your Application No...dated .for
the renewal of Licence No..dated.
It is regretted that renewal of Licence No..dated..is rejected
for the reasons given below:1
2
3
Director
Town and Country Planning Department
Himachal Pradesh, Shimla
..
FORM-54
(See Rule 61)
AGREEMENT OF SALE
This Agreement of sale made on the..day of Two
thousandbetween Promoter namely Shri./Smt./M/s.....
holder of Licence No.....dated...for setting up Colony
namelyon land measuring.square Metre bearing Khasra
No.Hadbast No..at Village / Town...
Tehsil..District..State.(hereinafter
called the Promoter which expression shall include his legal heirs, legal representatives,
successors and assignees) of the one part and Shri/ Smt. / M/sSon/ Wife of
Shriresident of House NoVillage/Town..Tehsil
District..State(hereinafter called the Purchaser which expression shall
include his legal heirs, executive administrators, legal representatives and assignees) of the
other part;
Whereas, the Promoter intends to construct or has constructed a Building or
Apartment in .Colony on Khasra NoMauja.. Tehsil
.. District ..Himachal Pradesh which are to be sold on
ownership basis;
OR/AND
90
Whereas, the Promoter intends to offer for sale of Plots in.
Colony on Khasra No.. Mauja Tehsil..............District.. Himachal
Pradesh;
And, Whereas the Purchaser has applied for purchase of an Apartment/ Plot in
the ..Colony on Khasra No.. Mauja Tehsil District
..Himachal Pradesh and has deposited the Earnest Money of
Rs...only (Rs. . only ) with the Promoter;
Now, this Agreement witnesses as follows:The Promoter agrees1.
(ii)
That the possession of the Apartment shall be handed over to the Purchaser
by;
(iii)
That the area of the Apartment including the area of the balconies shall be, as
shown in the Plan appended to this Agreement, as Annexure-I;
(iv)
That the price of Apartment (inclusive of the price of the common areas and
facilities) shall be Rsonly (Rs....only);
(v)
(vi)
That the nature, extent and description of the common areas and facilities and the
limited common areas and facilities shall be as shown in Annexure-II to this
Agreement;
(vii) That the percentage of un-divided interest in the common areas and facilities and
in the limited common areas and facilities, if any, appurtenant to the Apartments,
agreed to be sold shall be the ratio of the built up area of the Apartments to the
total built up area of the Apartment; and
(viii) That the Apartment shall be used for the purpose of .and not
for any other purpose.
2.
That the possession of the Plot shall be handed over to the Purchaser
by;
(ii)
That the area of the Plot is .square Metre and the price of the Plot is
Rsonly (Rs....only);
(iii) That the Plot shall be used for the purpose of ..and
not for any other purpose;
(iv)
That the Certificate of title to the land having been duly certified by an Assistant
Collector First Grade or Second Grade, as the case may be, as required under
clause (a) of sub-section (2) of section78n of the Himachal Pradesh Town and
Country Planning Act, 1977(Act No. 12 of 1977), has been obtained and appended
with this Agreement as Annexure-I;
91
(v)
That a certified copy of the revenue record showing the nature of the title of the
Promoter to the Plot or the land on which the Building or Apartment is constructed
or to be constructed is appended with this Agreement as Annexure-II; and
(vi)
That the Plans and specifications of the Apartments as approved by the Director,
Town and Country Planning Department, Himachal Pradesh, Shimla who is
competent to do so under any law for the time being inforce, are appended to this
Agreement as Annexure-III.
In witness whereof, the parties hereto, have signed this Agreement on the date
and year respectively mentioned against their signature(s).
Witnessdated..
Witnessdated..
Witnessdated..
Witnessdated..
..
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM-55
(See rule 64)
COMPLETION CERTIFICATE
No
Dated
To
Shri/Smt./M/s..
Subject:
Completion Certificate.
Reference:
92
TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
FORM-56
(See rule 64)
OCCUPATION CERTIFICATE
No
Dated
To
Shri/Smt./M/s
Subject:
Occupation Certificate.
Reference:
FORM- 57
(See rule 66)
APPLICATION FOR ENFORCING CONVEYANCE DEED
To
The Director,
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Sir,
I /We *hereby apply for issuing a Certificate to be produced before the
Registering Authority concerned for enforcing the Registration of Conveyance Deed of the
Apartment or Plot in my /our name, in pursuance of the Agreement of the sale made between
the Promoter and me/us.
The particulars are as under:1.
Name.
2.
Fathers Name ..
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
93
3.
4.
5.
6.
7.
Details of Agreement of sale (enclose copy of the Agreement of sale):(a) Name of Promoter..
(b) Date of Agreement.
(c) Name and designation of Authority verifying or Certifying
Agreement...
the
Yours faithfully,
Address
..
Phone No..
*e-mail address.....
..
*TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
*FORM-58
(See rule 56-A)
APPICATION FOR TRANSFER OF PROJECT
Name of Transferor Promoter
Registration No. ...Valid upto
Licence No. Date of IssueValid upto.
Permanent Address:
Correspondence Address:...
E. mail..Phone No. .
Project Name/ Style....
Description of land: Khata No..Khatauni No
Hadbast No.Khasra No.Measuring.square Metre
Mohal/Mauza..Tehsil.District..
State..
Present status of project
Reasons for transfer..
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
94
Whether permission under section-118 of the Himachal Pradesh Tenancy and Land Reforms
Act, 1972 to transfer the project required..
If yes (copy enclosed)
Agreement of Sale..
Fee paid through e-payment or e-Challan or Challan or Demand draft drawn in favour of the
Director...
*FORM-59
(See rule 56-A)
APPICATION FORM TRANSFEREE PROMOTER
Name of Transferee Promoter.
Registration No. .Valid upto...
Photo copy of Licence
Permanent Address:
..
95
*TOWN AND COUNTRY PLANNING DEPARTMENT
HIMACHAL PRADESH
*FORM-60
(See rule 56-A)
LICENCE AFTER TRANSFER OF PROJECT
File No.Dated
Registration No. .Valid upto.
Name of Transferor Promoter...
Affix latest
stamp size
photograph duly
attested
...
Correspondence Address:
...
E. mailPhone No....
Project Name/ Style
Description of land: Khata No.Khatauni No.,Hadbast No.
Khasra No.. Measuring.Square Metres, Mohal/Mauza
Tehsil District. State.
Licence No..Date of Issue Valid uptoDue
date of Renewal:...Renewed upto ..
This Licence is granted for the aforesaid project in accordance with the project
plan/ drawings approved vide No.dated.subject to the
condition that the undersigned has right to withdraw or cancel this Licence at any time during
its tenure, if the Licencee/Promoter has given any wrong information in his application or
violates the provision of the Himachal Pradesh Town and Country Planning Act, 1977 and rules
made thereunder.
(Name)
Director
Town and Country Planning Department,
Himachal Pradesh, Shimla.
Phone No.
Copies to:-
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
96
*APPENDIX-1
(See rules 13 and 14)
REGULATIONS FOR SUB-DIVISION OF LAND OR CHANGE OF LAND USE OR
DEVELOPMENT OF LAND OR CONSTRUCTION OF BUILDING IN AREAS
WHERE LAND USE IS FROZEN AND INTERIM DEVELOPMENT PLAN OR
DEVELOPMENT PLAN HAS NOT BEEN PREPARED.
I.
Application for permission:After the boundaries of the land in question are marked, the applicant shall make an
application in Forms 11 or 12, as the case may be addressed to the Director and such
application shall be accompanied by such documents as specified in Forms 11 or 12.
II.
Sr.
No.
The minimum Plot Area, minimum Set Backs and maximum Floor Area Ratio (FAR)
shall be as under:Description and Minimum
Plot Area
1.
Detached Houses
(i) 150 M2 to 250 M2
(ii) Above 250 M2 to 500 M2
(iii) Above 500 M2
Semi-detached Houses with
common wall on one side
Upto 120 M2
Above120 M2 to 250 M2
Row Houses with common
wall on two sides
90 M2 to 120 M2
2.
3.
1.
2.
3.
4.
Booths upto 10 M2
Shops
(i) Independent
Shop/
Showrooms (standalone)
above 10 M2 to 30 M2
(ii) Row Shops with common
wall on two sides above 30
M2to 100 M2
(iii) Row Shops with common
wall on two sides above
100 M2to 250 M2
(iv) Above 250 M2 to 500 M2
Maximum
Floor Area
Ratio
7
Maximum
Height in
Metres*
8
2.00
3.00
5.00
1.50
2.00
3.00
1.50
2.00
3.00
1.50
2.00
2.00
1.75
1.75
1.75
21.00
21.00
21.00
2.00
2.00
1.50
1.75
1.50
1.75
1.50
1.75
1.75
1.75
21.00
21.00
2.00 Nil
Nil
Commercial Use
1.00
Nil
Nil
1.50
1.75
18.00
Nil
4.00
2.00
Nil
Nil
1.00
6.00
2.00
Nil
Nil
1.00
1.75
9.00
2.00
1.50
1.50
1.50
1.75
21.00
3.00
2.00
2.00
2.00
1.75
21.00
Shopping Complex
(i)500 M2 to 1500 M2
5.00 3.00
3.00
3.00
1.75
(ii) Above 1500 M2 to 4000 10.00 5.00
5.00
5.00
1.75
M2
12.00 7.50
7.50
6.00
1.50
(iii) Above 4000 M2
Parking
(i) 500 M2 to 1500 M2
= 1.50 ECS per100 M2 of built up area
2
2
(ii)1500 M to 4000 M = 2.00 ECS per100 M2 of built up area
(iii) Above 4000 M2= 3.00ECS per100 M2 of built up area
Tourism Unit
(i) 250 M2 to 500 M2
3.00 2.00
2.00
2.00
1.75
(ii) Above 500 M2 to 1500 M2
5.00 4.00
4.00
3.00
1.50
(iii) Above 1500 M2
7.50 5.00
5.00
4.00
1.50
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
21.00
21.00
21.00
21.00
21.00
21.00
97
Parking
(i) 250 M2 to 500 M2= 1.00ECS per 100 M2 of built up area.
(ii) Above 500 M2 to 1500 M2= 1.50ECS per 100 M2 of built up area.
(iii) Above 1500 M2= 2.00 ECS per 100 M2 of built up area.
(iv) Tourism Units, can be known by the name of Hotel or Guest House or Eco-Tourism or by
any other name.
(v) In existing built up areas like Bazaars, the building line can be maintained.
5.
Cinema / Cineplex
4000 M2 and above
15.00
7.50
7.50
6.00
1.50
21.00
1.50
21.00
Parking
(i) 3.00 ECS per 100 M2 of built up area
(ii) Other Regulations as per Cinematography Act shall also apply.
6.
Multiplexes
4000 M2 and above
15.00
9.00
9.00
9.00
Parking
(i) Permissible within the complex.
(ii) Parking space to be provided within Multiplex @ 3 ECS for every 100 M 2 of built up area.
(iii) Other Regulations as per Cinematography Act shall also apply.
(iv) Multiplex complex shall mean an integrated entertainment and shopping centre/ complex
having at least 2 Cinema Halls. The minimum area on which this use shall be permitted
should not be less than 4000 M2. Apart from Cinema Halls, the Multiplexes may also have
Restaurant, Fast Food, Outlet, Pubs, Health Spas/ Centers, Hotels and other Re-creational
activities. The shopping center may have Retail Outlet, Video Games, Parlours, Bowling
Alleys, Health Centers, Shopping Malls, Office space.
Note:1.00 ECS (Equivalent Car Space) shall mean as under:(i) For parking in open
= 23 M2
(ii) For parking in stilts or ground floor = 28 M2
(iii) For parking in basement floor
= 32 M2
7.
5.00
10.00
12.00
3.00
5.00
7.50
3.00
5.00
7.50
3.00
5.00
6.00
1.75
1.75
1.50
21.00
21.00
21.00
Other Uses including public & semi public, educational buildings, police/fire-stations, medical,
community hall, library / religious buildings, etc.
1.
3.00
5.00
10.00
15.00
2.00
2.00
5.00
7.50
2.00
2.00
5.00
7.50
2.00
3.00
5.00
7.50
2.00
1.75
1.50
1.50
21.00
21.00
21.00
21.00
*Note: - The Maximum height of building further be dictated by the General Regulation clause No 2.
Industrial Use
Sr.
No.
Type
of
Industry and
Minimum Plot
Area
Left
Right
Rear
Maximum
FAR
Maximum
Height
in
Metres
from Mean
Sea Level
upto 1000M
1.
1.
2.
Small
Scale
Industries 250
M2 to 500 M2
3.
3.00
4.
2.00
5.
2.00
6.
2.00
1.75
15.00
12.00
2.
Service/Light
scale Industries
Above 500 M2
to 1000 M2
5.00
2.00
2.00
3.00
1.50
15.00
12.00
7.
Maximum
Height
in
Metres from
Mean
Sea
Level above
1000M
8.
9.
98
3.
4.
III.
Medium Scale
Industries
Above 1000 M2
to 5000 M2
Large
and
Heavy
Scale
Industries
Above 5000 M2
10.00
5.00
5.00
5.00
1.25
20.00
15.00
15.00
7.50
7.50
7.50
1.00
20.00
15.00
General Regulations
The following provisions shall be applicable where no specific mention is made,
namely:1.
Every plot should abut with path having 3.00 Meter width. In case the width is on
lesser side, the applicant has to surrender land to make it 3.00 Metre wide.
2.
The height of a building shall further be related to the width of abutting path:
For path less than 3.0M and non-vehicular
For path less than 3.0M but vehicular
For path between 3.0M to 5.00M
10 Metres
13 Metres
15 Metres
3.
4.
5.
6.
In case, space as per requirement for parking is available in open, over and above
the set backs, condition of parking floor shall not be insisted. The closed floors in
a building at any level, if proposed and feasible for parking may be converted into
parking floors. However, only one parking floor shall be exempt from Floor Area
Ratio (FAR), subject to the height of building restriction and structural stability.
Though, one parking floor is mandatory yet second parking floor can be
constructed which will be optional. Here too only one parking floor shall be
exempt from Floor Area Ratio (FAR), subject to the height of building restriction
and structural stability.
Fee for parking floor(s) shall have to be payable in all cases.
7.
Every room used or intended to be used for the purpose of an office or for
habitation in any building shall have a height of minimum 2.75Meters and
maximum 3.50 Meters measured from the surface of floor to lowest point of the
ceiling (bottom of slab). The chimneys, elevators, poles, tanks and other
projections not used for human occupancy may extend above the prescribed height
limits. The cornices and window sills may also project into any required Set
Backs.
8.
Sloping roof shall be mandatory in hill areas (As per the URDPFI Guidelines,
2014 and National Building Code, 2005 hilly areas is any area above 600 m in
height from mean sea level, or any area with average slope of 30)which may be
CGI, GI sheet or slate roof with facia.
99
(i)
9.
The roof shall be painted with post office red or forest green or natural
roofing material such as slates. Height of sloping roof zero at eaves and
maximum 2.75Metres at centre shall be permissible. The Dormer at suitable
distance on either side of the roof shall be permissible subject to the
condition that the ridge of Dormer shall be below the ridge line of main
roof.
(ii) Roof top @ 12 M2 per 1 Kilo Watt peak (KWp) shall be used for Solar
Photovoltaic (PV) installations.
Set Backs:(i)
Minimum front Set Backs from the line of controlled width of Highways
and Himachal Pradesh Public Works Departments scheduled roads falling
within the Planning Area /Special Area limits (excluding the land, included
in the inhabited sites of a village as entered and demarcated in the Revenue
record or on sites in notified Municipal or town area that are already built
up) shall be 3.00Metres.
(ii)
Minimum front Set Back from non-scheduled roads and Municipal roads
shall be 3.00 Metres.
(iii)
Every building should have a clear means of access there to from a street or
road. The competent authority may require the provisions of an access lane
or access road within the site of any new building. Where for the purpose of
this Regulation, it is necessary to determine the width of any road or street,
the same shall be determined by the competent authority.
10.
For the plots abutting Highways, Bye-pass and Himachal Pradesh Public Works
Departments scheduled roads, No Objection Certificate (NOC) from the Himachal
Pradesh Public Works Department shall be mandatory in the cases where plot is
directly abutting to these roads and there is direct access through connecting bridge
and by constructing ramps to such roads.
11.
Maximum hill cut of 3.50 Metre height shall be permissible. No building shall be
built to abut against an earth cutting including a toe wall supporting an earth
cutting and minimum 1.00 Metre distance shall be maintained between building
and toe wall etc.
12.
Issuance of No Objection Certificate (NOC) for water supply and electricity and
sewerage connection:(i)
(ii)
Temporary
Permanent
At plinth level
On completion of dwelling unit /floor /whole building.
13.
Any subsequent deviations made in the building constructed after getting the plan
approved and after grant of No Objection Certificate (NOC) issued by the
Department shall entail the entire building unauthorized and NOC so issued shall
be withdrawn and the services shall be disconnected.
14.
Adequate distance from the electric lines as per the requirement of Himachal
Pradesh State Electricity Board Limited (HPSEB Ltd.) Rules shall have to be
maintained. The No Objection Certificate (NOC) of the competent authority shall
also be required, if HT/LT line is crossing through the site.
15.
16.
The construction shall be allowed at distance of 3.00 Metre and 5.00 Metre from
Nullah and Khud respectively.
100
17.
18.
No construction shall be allowed within a radius of 2.00 Metre from the existing
tree and 5.00 Metres from the Forest boundary measured from the circumference
of an existing tree.
19.
20.
3.00 M.
5.00 M (with culde-sac) at the end.
10%
5% of the scheme
area
-
Openings
9.50 M2
2.40 M
4.50 M2
1.80 M
1.80 M2
1.20 M
1.10 M2
0.90 M
2.30 M2
1.20 M
1.00 M
1.20 M
1.00 M
1.50 M
25 Centimeter wide for internal
stairs
For Other uses
30 Centimeter wide for internal
stairs case
For Residential use
19 Centimeter
For Other uses
15 Centimeter
For
Other
uses Provision of spiral stair case not less
except
Residential than 1.50 Metre dia with adequate
use
head height for fire escape in
addition to regular stair case
Minimum floor area
Minimum width
Minimum floor area
Minimum width
Minimum floor area
Minimum width
Minimum floor area
Minimum width
Minimum floor area
Minimum width
For Residential use
For Other uses
For Residential use
For Other uses
For Residential use
101
Projections over 0.60 M
doors, windows
and ventilators.
Balcony
1.20 M wide Balcony complete open on two sides with
Projections
restriction of 50 % of building frontage where minimum
front Set Back is 3.00 M shall be permissible.
22.
23.
The Apartments and Colonies shall be dealt with as per Regulations contained in
Appendix-7. The powers for Registration of Promoters / Estate Agents and powers
for issuance of Licences shall vest with the Director (TCP) only and none other
authorities.
24.
Though minimum area of plot has been defined in Regulation II, yet the plots
allotted by the Central or State Government under various Social Housing
Schemes including Gandhi Kutir Yojana, Indira Awas Yojana, Rajiv Awas
Yojana, Affordable Housing Schemes, launched by the Central or State
Government, may be considered and permission accorded in relaxation of
Regulations. However, the minimum area of plot for the persons belonging to the
Economically Weaker Sections and Low Income Groups of society should not be
less than 45 M2 and 80 M2 respectively.
25.
Service floor wherever proposed for installation of plumbing and other services
and to maintain the hygiene of habitable area in case of Commercial/ Shopping
Complex and Tourism Unit. Service floor, wherever proposed shall have height
restriction of 2.10 Metres and this floor shall not be counted in the FAR. However,
the overall height restriction of building will remain the same.
26.
Re-construction of existing buildings:Regulations regarding re-construction of houses/ buildings in the existence shall be
on predominantly existing building lines, provided minimum width of road as per
Rules is available and roof projections, sun shades shall be permitted over streets
or paths, as the case may be.
27.
Change of Land Use:Change of existing land use for Residential, Commercial, Public and semi-public
and Industrial, shall be on existing pattern of development and site conditions
subject to the conditions that where basic services like paved roads, drainage,
water supply, sewerage disposal, electrical supply line, street lighting etc. do not
exist, change of land use or development of land shall not be permitted unless the
applicant undertakes that these services shall be provided at his own cost.
28.
Relaxation in set backs, height of floors and building may be allowed in case of
Government projects in the public interest. However, in case of private
construction, relaxation in set backs and height of floors only may be considered
by the Competent Authority keeping in view of site condition.
29.
30.
102
APPENDIX-2
(See rules 13 and 14)
2.
(a)
(b)
(c)
(d)
For large and heavy scale industry shall be above 5000 M2.
(e)
The plot area as mentioned in clauses (a) to (d) above would not be applicable in
the cases where the sub-division of land has taken effect before the
commencement of the Himachal Pradesh Town and Country Planning Rules, 2014.
(f)
The plot area as mentioned under clauses (a) to (d) above would not be applicable
for the individual plots, if any, created/allotted by the Himachal Pradesh Industries
Department or the Himachal Pradesh State Industrial Development Corporation
(HPSIDC) or the Himachal Pradesh Housing and Urban Development Authority
(HIMUDA) or any Local Authority or any Authority constituted under the
Himachal Pradesh Town and Country Planning Act,1977 (Act No. 12 of 1977) or
any other Authority prior to coming into force of the Himachal Pradesh Town and
Country Planning Rules, 2014.
(g)
The layout and design of industrial area, if any, shall be as per requirement of the
Industry and shall be got approved from the Director.
Height of floor/storey:The minimum floor/ storey height of industrial building shall be 3.00 M and sloping roof
height shall be in accordance with volume of the structure. In case of roof trusses, height
of building should be adjusted /relaxed accordingly.
3.
Type of Industry, minimum Plot Area, minimum Set Backs, maximum Floor Area
Ratio (FAR) and maximum height of building:The minimum plot area, minimum set backs, maximum Floor Area Ratio (FAR) and
maximum height of building for different type of Industry shall be governed by the
following Table: -
Sr.
No.
Type of
Industry
Plot
area
in M2
1.
1.
2.
Small
Scale
Industries
Services/
Light scale
Industries
3.
250 to
500
2.
4.
3.00
Above 5.00
500 to
1000
5.
2.00
6.
2.00
7.
2.00
8.
1.75
2.00
2.00
3.00
1.50
Max.
Max.
Height in
Height in
Metres
Metres
from Mean from Mean
Sea Level
Sea Level
upto 1000
above
M
1000 M
9.
10.
15.00
12.00
15.00
12.00
103
3.
4.
Medium
Scale
Industries
Above
1000
to
5000
Large and Above
Heavy
5000
Scale
Industries
Note:(i)
3.
10.00
5.00
5.00
5.00
1.25
20.00
15.00
15.00
7.50
7.50
7.50
1.00
20.00
15.00
(ii)
Service area required for pharmaceutical units or such type of Industries under
requirement of Goods Manufacturing Practice (G.M.P) shall not be included for
calculation of FAR, provided it is only used for utilities and services but not in any
case for production.
(iii)
For ancillary uses like security post/room shall be allowed in set back area i.e. one
wall shared with the boundary wall and shall be counted in the FAR.
Construction of Cellar:(a)
(b)
(i)
All the walls shall be kept dead and below the natural ground level except
the portion kept for ventilation purpose;
(ii) Every cellar shall be, in every part, at least 2.40 M in height from the floor
to the underside of the roof slab or ceiling;
(iii) Adequate ventilation shall be provided for the cellar and any deficiency in
ventilation requirements may be met by providing mechanical ventilation in
the form of blowers, exhaust fans and air conditioning system etc;
(iv) The minimum height of the ceiling of any cellar shall be 0.90 M and the
maximum 1.20 M above the average surrounding ground level;
(v) Adequate arrangements shall be made such that surface drainage does not
enter the cellar;
(vi) The walls and floors of the cellar shall be watertight and be so designed that
the effects of the surrounding soil and moisture if any, are taken into account
in design and adequate damp proofing treatment is given;
(vii) The access to the cellar shall be separate from the main and alternative
staircase providing access and exit from higher floor. Where the staircase is
continuous in the case of buildings served by more than one staircase, the
same shall be enclosed type, serving as a fire separation from the cellar floor
and higher floors. Open ramps shall be permitted, if they are constructed
within the building line subject to the provision of clause (v) above;
104
APPENDIX-3
(See rules 13 and 14)
REGULATIONS FOR DEVELOPMENT OF INFORMATION TECHNOLOGY PARK
1.
Slope
Buildings of Information Technology (IT) Park shall be allowed upto 300 slope. The
infrastructural services including roads shall be developed in accordance with the slope
of the area.
2.
2.
3.
4.
3.
Means of Access
(i)
(ii)
The access to the site of IT Park area shall not be less than 5.00 M wide.
Provisions of internal roads shall be as under:-
Sr. No.
1.
2.
4.
Maximum limit
50%
22% to 44%
1% to 5%
1% to 3%
9% to 15 %
8% to 12%
16% to 20%
20% to 24%
Width
9.00 M
12.00 M
Length
Up to 1000.00 M
Above 1000.00 M
Parking Provision
1. Residential
2. Commercial
3. Office Use
4. Hardware Manufacturing Unit
5. Software development/ITES
Maximum height of parking floor shall be 3.00 M including depth of beam below the
ceiling of the slab.
5.
6.
105
7.
Set Backs
(i)
(ii)
(iii)
8.
Expansion Joints
The structures exceeding 45.00 M in length shall be divided by one or more expansion
joints as per the Structural Design calculations.
9.
Structural Stability
The Structural Stability provisions including Soil Investigation Report have to be strictly
adhered, as enshrined in section 31-A of the Himachal Pradesh Town and Country
Planning Act, 1977 (Act No. 12 of 1977) and under Rule 21 of the Himachal Pradesh
Town and Country Planning Rules, 2014.
10.
11.
Proper air, light and ventilation to each dwelling unit shall have to be ensured. At
least three hours sun may be available for each building during winters. In case of
residential structures, kitchen and services shall have to be provided along the
external walls. However, if the water closets and bath rooms are not opening to the
front, sides, rear and interior open spaces, these shall open to the ventilation shaft.
The maximum size of ventilation shaft shall be 4.00 M2 with minimum one
dimension of 1.50 M.
(ii)
The Developer shall ensure prior environmental clearance under the provisions of
the Environment Protection Act, 1986 from the Competent Authority, besides
consent of the Himachal Pradesh State Environment Protection and Pollution
Control Board under the Water (Prevention and Control of Pollution) Act, 1974
and the Air (Prevention and Control of Pollution) Act, 1981.
Safety Measures
(i)
(ii)
The provision of stair cases shall be as per clause *4.6.2 of Part-IV of the
National Building Code of India i.e. minimum two stair cases for floor area of
more than 500 M2. At least one of the stair case shall be on external wall of the
buildings and shall open directly to the exterior. Width of stair case shall not be
less than 3.00 M i.e. 1.50 M in each flight.
(iii)
Provision for lift shall be optional upto 3 storeys and 1 parking floor. However, for
more than 3 storeys and one parking floor, it shall be mandatory requirement. The
Developer shall make provision of power back up for the lift and general lighting
within and outside the building at his own cost.
(iv)
Provision for proper Fire Hydrants shall have to be made in the Complex and the
layout, showing position and location of the same. It shall be made available to the
nearest Fire Office.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
106
12.
13.
No Objection Certificate (NOC) from the Himachal Pradesh Irrigation and Public
Health Department (HPI&PH) regarding availability of adequate water supply and
viability of design of rain water harvesting structure shall have to be furnished.
(ii)
Adequate provision for rain water harvesting structure, @ 20 Liters per M 2 of the
roof top area, shall have to be made underground in the parks and open spaces and
the same shall be used for the purposes other than drinking and cooking.
14.
15.
No construction shall be allowed within a radius of 2.00 M from the existing tree
and 5.00 M from the forest boundary measured from the circumference of an
existing tree.
(ii)
16.
17.
18.
19.
The Developer shall construct roads and drains, lay electric and sewerage lines and
shall make provision for disposal of solid waste etc. Suitable site has to be
reserved for placement of dumpers. The provision of services infrastructure shall
be made through a duct to be constructed on the sides of the internal roads.
107
20.
(ii)
The Developer shall provide street light poles each at a distance of 30.00 M on
either side of the roads.
(iii)
(iv)
All the infrastructural services shall be maintained by the Developer, till such time
when a Society is formed and got registered by the stakeholders and residents of
the Complex or a Municipality or Gram Panchayat takes over the maintenance
pursuits of the area.
Supervision
The registered Architect from the Council of Architecture and Structural Engineer,
Graduate in Civil Engineering with 3 years experience in Structural Engineering and the
Town Planner shall be competent for supervision of development of land as per
provisions of Annexure-A of Part II of the National Building Code of India, 2005.
21.
Integration
Proper integration of the IT park area shall have to be ensured with the surrounding uses
and infrastructural provisions like roads, drainage, sewerage etc.
22.
23.
Other Regulations and instructions as issued by the Government from time to time shall
be adhered strictly.
APPENDIX-4
(See rules 13 and 14)
REGULATIONS FOR SOLAR PASSIVE BUILDING DESIGN
1.
Scope
The Solar Passive Building Design shall be required in the following type of buildings:(i)
(ii)
(iii)
(iv)
(v)
(vi)
New Townships.
108
2.
Building Map
The map for the proposed building should accompany a statement giving detail of
specifications of solar passive heating and cooling system, day lighting features, solar
photovoltaic panels, energy efficient and other renewal energy devices as shown in the
drawing and proposed to be installed where required. Expected energy saving in the
building should also be mentioned.
3.
Site Selection
The site should preferably be selected on southern slopes or sunny side. Availability of
sun shine duration during the winter months of December to March should also be
mentioned.
4.
Orientation
The longer axis of the building should preferably lie along east-west directions to trap
maximum solar energy during winters.
5.
Planning of Spaces
The main habitable spaces of a building may be planned and designed in such a manner,
so that natural day light is available. The stair cases, garages, toilets and stores may be
planned preferably on northern side. Minimum door and window openings on north side
be proposed to avoid heat losses. In order to capture maximum heat in winters, maximum
glazing be proposed on southern side. Glazing in proportion to total surface area of outer
wall should not exceed more than 50% in mid-altitude regions i.e. 1500 M to 2200 M
and not more than 70% in high altitude regions i.e. 2200 M and higher.
6.
7.
Passive solar heating systems like solar air heating, water heating, sun space, solar
walls, space heating, green houses and solar trombe wall etc. shall be integrated in
the building design, wherever possible on southern side, so as to allow maximum
direct solar access to these systems.
6.2
8.
8.2
Colour and Shading: The external surface of the wall may be painted with white
or light colours to reflect instant solar radiation.
109
9.
8.3
Ground Embankments: Ground floor may be provided with earth berming upto a
height of around 1.00 M for taking the advantage of constant temperature of the
earth through out the year.
8.4
10.
11.
(b)
(c)
(d)
Barracks of Police.
(e)
(f)
*(g)
Roof top @ 12 M2 per 1 Kilo Watt peak (KWp) shall be used for Solar
Photovoltaic (PV) installations.
11.2 (a)
New buildings should have open space on the roof top which receives direct
sun light. The load bearing capacity of the roof should at least be 50 Kg. per
M2. All new buildings of above categories must complete installation of
solar water heating system before putting the same in use.
(b)
11.3 Installation of solar assisted water heating systems shall conform to the Bureau of
Indian Standards (BIS) specifications. The solar collectors used in the system shall
have the Bureau of Indian Standards (BIS) certification mark.
11.4 All solar water heating systems may have an automatic electric backup system, so
that the same is functional during cloudy or low / non-sunshine days.
11.5 Provision in the building design itself may be kept for an insulated pipeline from
the roof top in the building to various distribution points where hot water or hot air
is required.
11.5 The solar water heating system has to be integrated preferably in roof of the
building, wherever possible, so that the panels become integral part of the roof.
The solar air /water collectors/ green houses / sunspaces on the roof for receiving
maximum solar radiation will be allowed.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
110
APPENDIX 5
(See rules 13 and 14)
REGULATIONS FOR DEVELOPMENT OF BARRIER FREE ENVIRONMENT FOR
THE PERSONS WITH DISABILITIES IN PUBLIC AND SEMI-PUBLIC BUILDINGS
AND RE-CREATIONAL AREAS WITHIN THE LIMITS OF ECONOMIC CAPACITY
1.
Site Planning:
Every public and semi-public building shall have at least one access to main
entrance/*exit to the disabled, which shall be indicated by proper signage. This entrance
shall have approach through a ramp together with stepped entry. The ramp should have a
landing after 9 M run and in front of the doorway. Minimum size of landing shall be
1000 mm x 2000 mm.
2.
Access Path/Walkway:
Access path from plot entry and surface parking to building entrance shall be minimum
of 1800 mm wide having even surface without any step. The slope, if any shall not be
greater than 5%. Selection of floor material shall be made suitably to attract or to guide
visually impaired persons (limited to floor material whose colour texture is
conspicuously different from that of the surrounding floor material or the material that
emit different sound to guide visually impaired persons). Finishes shall have a non-slip
surface with texture traversable by a wheel chair. Curbs wherever provided should blend
to common level.
3.
4.
Parking Provision:
(a)
Surface parking for two equivalent car spaces shall have to be provided near
entrance with maximum travel distance of 30 M from building entrance. Width of
parking bay shall be minimum 3.60 M.
(b)
Ramp shall be provided with non-slip material to enter the building. Minimum
clear width of ramp shall be 1800 mm with maximum gradient of 1:12 between top
and bottom of the ramp. Length of ramps shall not exceed 9.00 M having 800 mm
high handrail on both sides extending 300 mm beyond the ramp. Minimum gap
from the adjacent wall to the handrail shall be 50 mm.
(b)
For stepped approach, size of tread shall not be less than 300 mm and maximum
riser shall be 150 mm. Provision of 800 mm high handrails on both sides of the
stepped approach similar to the ramped approach shall be provided.
5.
Entrance Door: Minimum clear opening for the entrance door shall be 1000 mm.
6.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
111
7.
(a)
Guiding floor materials shall be provided or devices that emit sound to guide
visually impaired persons.
(b)
(c)
In case there is a difference of level, slope ways shall be provided with a gradient
of 1:12.
(d)
Lift:
For the buildings with more than 15.00 M in height, one lift shall be provided for the
wheel chair user with the following clear dimensions:(a)
1100 mm
(b)
2000 mm
(c)
910 mm
A handrail not less than 600 mm long at 900 mm above floor level shall be fixed adjacent
to the control panel. The lift lobby shall be of an inside measurement of 1800 mm x 2000
mm or more. Operational details of lift shall conform to the National Building Code of
India.
8.
9.
Toilets: One special toilet in a set of a toilets shall be provided for use of handicapped
with following specifications:(a)
(b)
(c)
Minimum clear opening of the door shall be 900 mm and the door shall be
swinging/sliding type.
(d)
(e)
The Water Closet (WC) seat shall be 500 mm from the floor.
Refuge Area:
Refuge area shall have to be provided at the fire protected stair landing on each floor
having doorways with clear opening width of 900 mm that can safely hold one or two
wheelchairs. The alarm switch should be installed between 900mm and 1200 mm from
the floor level.
APPENDIX 6
(See rules 13 and 14)
REGULATIONS FOR COLLECTION OF RAIN WATER
1.
The collection of rain water from the roof tops of the buildings shall be compulsory where
the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977) is in
operation in the State as under :(a)
For all the buildings existing or proposed for construction in future; and
(b)
The Guidelines for capturing, storage, integration and distribution of rain water
shall be as under:-
112
(i)
(ii)
(iii)
Proper system for rain water capturing, storage as well as integration and
distribution shall be ensured.
(iv)
The stored rain water shall be utilized regularly for non-drinking usages
including fire fighting, landscaping, gardening apart from domestic usages.
(v)
No water supply connection shall be given to any building till Rain Water
Harvesting System is put in place and subsequently operationalised.
(vi)
(vii) Violator shall be liable for disconnection of Public Water Supply connection.
(viii) The owners of existing buildings without Rain Water Harvesting System
shall have to install Rain Water Harvesting System within eighteen months
after coming into the operation of these Regulations.
APPENDIX 7
(See rules 13, 14 and 67)
REGULATIONS FOR DEVELOPMENT OF APARTMENTS AND COLONIES
1.
Site selection
The site may be selected in such area which is going to be proposed for Residential Use
and the same is not having non-conforming uses like obnoxious uses, industrial and
dumping ground etc. in its vicinity.
2.
Check List
A Check List showing Regulatory provisions and fulfillment thereof shall have to be
submitted alongwith the proposal for Apartments as under:Sr.
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Description
Scheme Area.
Slope of Area.
Means of Access.
Land Use Structure.
Coverage
(i) Under Flats (Block wise).
(ii) Under other uses (Block wise).
Total Built up Area.
Floor Area Ratio (FAR).
No. of storeys in each Block.
Height of each floor.
Total Height of Block.
No. of Flats/Dwelling Units in each Block.
Total Population.
Density per Hectare.
Detail of facilities like school, health services etc.
with respect to population.
As per
Regulations
As
proposed
113
15.
16.
17.
18.
Parking provision.
Structural Stability Certification.
Distance of structures from natural drainage.
Distance of structures from Highways and other
District Roads.
Distance of structures from HT/LT lines.
No Objection Certificate of competent authority of
the Himachal Pradesh State Electricity Board
Limited in case HT/LT line is crossing over/ nearby
proposed site.
No Objection Certificate of the competent authority
of National Highway / Himachal Pradesh Public
Works Department or Local Bodies for approach to
the proposed project as the case may be.
No Objection Certificate of the competent authority
of Himachal Pradesh Forest Department.
No Objection Certificate of the competent authority
of Himachal Pradesh Irrigation and Public Health
Department or consent of Central Ground Water
Authority regarding use of ground water.
No Objection Certificate of the competent authority
of Himachal Pradesh Fire Services Department.
No Objection Certificate of the competent authority
of Urban Local Bodies/Panchayats.
Provision of Rain Water Harvesting Structure.
Arrangement for disposal and treatment of solid
waste, sullage, sewage, sewerage and storm water.
Provision for street lighting.
Name of the registered Town Planner /
Architect/Engineer with full correspondence
address, appointed for the job.
Name of the registered Structural Engineer with full
correspondence address, appointed for the job.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
3.
4.
Slope
*Apartment shall be allowed upto 450 slopes.
*5.
Land Use
Area under Apartments
Commercial
Public and Semi- Public
Traffic and Transportation
Parks and Open Spaces
Area under Set Backs, pavement, plantation
and landscaping etc.
Total
Provided that Director may, for the reasons to be recorded in writing revise
the percentage prescribed above keeping in view the location of the colony/project.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
114
Note:Under Commercial Use, convenient shops @ of one shop per 150 persons shall have to
be provided. These will include service shops like vegetable, shoe repair, dry cleaning,
tailor, barber, general merchandise etc. The purpose of these shops should clearly be
mentioned in the Plan and should be accordingly allotted after completion. In case Public
and semi-Public amenities like schools, health centres etc. are available in the vicinity
and the same are adequate to cater for the requirements of inhabitants, detail thereof shall
have to be given in the Check List at Regulation 2. However, provision of toilets and
urinals @ two toilets, one for ladies and one for gents, per 1000 persons and provision for
Kindergarten/ tot lots etc. shall have to be made in every Scheme.
6.
*Means of Access
(i)
The minimum access/approach from main road to the project site for construction
of colony or apartments with a population of 1000 persons shall not be less the
5.00Metres and for population above 1000 persons shall not be less than
6.00Metres.
However, in case of low-rise, low-density and isolated vacation group
housing projects an access / approach not less than 3.0 Metres can be considered.
Such a project shall have an overall F.A.R. of not more than 1.0 and maximum
building height of 10M.
(ii)
Width and length of means of internal access for Colonies shall be as under:(a)
(b)
7.
Length upto
(in Metre)
250
400
1000
Above 1000
Width
(in Metre)
5.00
7.50
Length upto
(in Metre)
400
Above 1000
(iii)
Width
(in Metre)
5.00
7.50
9.00
12.00
Promoter shall endeavor to provide footpaths within the prescribed width of roads/
lanes as above alongwith the main roads/ lanes.
Parking Provision
Parking provision shall have to be provided @ one vehicle i.e.18.00 M2 area per 100 M2
floor area. Maximum height of parking floor shall be 3.00 Metre including the depth of
beam below the ceiling of the slab.
8.
9.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
115
less than 300slope of the roof. The height of the Block shall be measured from plinth of
the Block to the ridge of the roof including parking and roof. The minimum slope of the
roof/ dormer shall not be less than 300. The colour of the roof shall be in post office red
or grey green or any other colour conforming to the colour of the natural roofing
material.
10.
Set Backs
The Block to Block distance shall be 1/3rd of average height of Blocks subject to
minimum of 6.00 M. Distance of Apartments from the adjoining properties and side Set
Backs for plain area shall not be less than 1/3rd and for hilly area 1/4 th of the height of
the respective adjacent Block subject to minimum of 3.00 M. *All the projections of the
Apartments including any appurtenant shall be at a minimum distance of 1.00 M. from
footpath or 2.00 M. from the roads/ lane.
11.
Structural Stability
The Structural Stability provisions including Soil Investigation Report have to be strictly
adhered as enshrined under section 31-A of the Himachal Pradesh Town and Country
Planning Act, 1977(Act No. 12 of 1977) and under Rule 21 of the Himachal Pradesh
Town and Country Planning Rules, 2014. Monitoring of the same shall have to be
ensured at each floor level and Completion Certificate in this regard shall be furnished to
the Director, Town and Country Planning Department, Himachal Pradesh, Shimla.
12.
Proper air, light and ventilation to each dwelling unit shall have to be ensured. At
least 3 hours sun may be available for each flat during winters. Kitchen and
services shall have to be provided along the external walls. However, if the Water
Closets (WCs) and bath rooms are not opening on to front, side, rear and interior
open spaces, these shall open on to the ventilation shaft. The minimum size of
which shall be as under:Sr.
No.
1.
2.
3.
4.
(ii)
Height of
Buildings
(in Metre)
Upto 10.00
Upto12.00
Upto18.00
24.00 & above
Size of Ventilation
Shaft
(in square Metre)
1.20
2.80
4.00
5.40
In view of Notification No. S.O. 801 (E) dated 7.7.2004 of the Ministry of
Environment and Forests, Government of India, New Delhi and accordingly
further directions of the State Government circulated vide letter No. STE-A (3)11/2003 dated 28.3.2005, in case of population more than 1000 persons or
discharging sewage more than 50 Kilo Liter per Day ( KLD) or above or with an
investment of Rs.50 Crores or above, the Promoter has to ensure the
Environmental Clearance from the Government of India, besides consent of the
Himachal Pradesh State Environment Protection and Pollution Control Board
under the Water (Prevention and Control of Pollution) Act, 1974 and the Air
(Prevention and Control of Pollution) Act, 1981.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
116
13.
14.
15.
Safety Measures
(i)
(ii)
The provision of stair cases shall be as per clause *4.6.2 of Part-IV of National
Building Code of India i.e. minimum of 2 stair cases for floor area of more than
500 M2. Atleast one of the stair case shall be on external wall of the buildings and
shall open directly to the exterior. Width of stair case shall not be less than 3.00 M
i.e. 1.50 M in one flight.
(iii)
Upto 4 storeys and 1 parking floor, provision for a lift shall be optional. However,
for more than 4 storeys and one parking floor, it shall be mandatory requirement.
The Promoter has to make provision of power back up for the lift and general
lighting within and outside the building at his own cost.
*(iv)
No Objection Certificate (NOC) from the Himachal Pradesh Irrigation and Public
Health Department(HPI& PH), regarding availability of adequate water supply and
viability of design of rain water harvesting structure shall have to be furnished.
(ii)
Adequate provision for rain water harvesting structure @ 20 Liters per M 2 of the
roof top area shall have to be made underground in the parks and open spaces and
the same shall be used for the purposes other than drinking and cooking.
16.
17.
No construction shall be allowed within a radius of 2.00 M from the existing tree
and 5.00 M from the forest boundary measured from the circumference of an
existing tree.
(ii)
The Promoter shall ensure plantation of trees at least equivalent to the anticipated
population of the area and the same shall have to be monitored by the Director,
Town and Country Planning Department, Himachal Pradesh, Shimla. Local
varieties of trees with exotic impact and attraction shall have to be planted.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
117
18.
(ii)
(iii)
19.
=
=
=
15.00 M
10.00 M
5.00 M
20.
21.
Reservation for Economically Weaker Sections, Low Income Groups of Society and
Bonafide Himachalis
The promoter shall have to ensure the reservation for Economical Weaker Section
(EWS), Low Income Group (LIG) of the society and Bonafide Himachalis as prescribed
in the Rule 56 of the Himachal Pradesh Town and Country Planning Rules, 2014.
22.
23.
118
24.
Supervision
The registered Architect from the Council of Architecture and Structural Engineer,
Graduate in Civil Engineering with 3 years experience in Structural Engineering and the
Town Planner shall be competent for supervision of development of land as per
provisions of Annexure-A of Part II of the National Building Code of India, 2005.
APPENDIX 8
(See rules 13, 14 and 18)
REGULATIONS OF PRESCRIBED LIMITS FOR DEVELOPMENT ACTIVITIES
EXEMPTED UNDER SECTION 30-A OF THE HIMACHAL PRADESH TOWN AND
COUNTRY PLANNING ACT, 1977 (ACT NO. 12 OF 1977)
1.
= 600.00 M2
(ii)
Note:-
2.
The applicant may have a maximum floor area of 600.00 M2 distributed over
not more than three storeys.
Commercial Use
(i)
100.00 M2
(ii)
2 Nos.
(iii)
Minimum access
3.00 M
(iv)
Parking
Note:-
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
119
3.
4.
5.
Service Industries
(i)
100.00 M2
(ii)
Number of storeys
1 No.
(iii)
Minimum access
3.00 M
(iv)
Parking
Public Amenities
(i)
(ii)
(iii)
Minimum access
3.00 M
(iv)
Parking
(v)
per
Other Imperatives
(i)
(ii)
(iii)
*(iv)
No construction shall be raised within a distance of 3.00 Metre from the edge of
the roads in respect of village roads.
(v)
*(vi)
Minimum Set Back of 3.00 M from the controlled width of National Highways,
State Highways and Scheduled Roads under the Himachal Pradesh Road Side
Land Control Act, 1968 shall be kept.
(vii) Minimum Set Back of 2.00 M in front and 1.50 M in sides and rear side and from
the adjoining property, Government land and 5.00 M from Forest land shall have
to be maintained.
(viii) Adequate distance from the electric lines as per the requirement of Himachal
Pradesh State Electricity Board Limited (HPSEB Ltd) Rules shall have to be
maintained. The No Objection Certificate (NOC) of the competent authority shall
also be required, if HT/LT line is crossing through the Scheme.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
120
*(ix)
The applicant shall endeavor to develop the colony along the slopes of hill without
much disturbance to the natural hill profile. In no case hill cut at any level shall not
exceed 3.50 Metres.
(x)
(xi)
heritage
and
Remarks :
(i)
The benefit of above exemptions shall only be available to the residents and
original inhabitants of the areas, who owned the property at the time of
commencement of the Act and their natural heirs only and not to the persons who
purchased land in rural areas.
(ii)
Any person intending to carry out development activities exempted under section
30-A of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12
of 1977) shall give information on simple paper alongwith a copy of original
jamabandi and original tatima to the concerned Panchayat before carrying out
development activities. The concerned Panchayat after verifying the documents,
shall grant No Objection Certificate (NOC) to the applicant under section 83-A of
the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977)
for obtaining service connections.
*(iii)
In case of any constraints as per the site conditions in maintaining set backs, or any
other regulations the Director or the concerned officer vested with the powers of
the Director may relax the same. In case of any clarification with reference to any
proviso or if there is no any specific provision, the provisions as envisaged in the
Urban and Regional Development Plans Formulation and Implementation
(URDPFI) Guidelines, 2014 of the Government of India or the National Building
Code of India shall have to be adhered to.
*APPENDIX 9
(See rules 13 and 14)
REGULATIONS FOR INSTALLATION OF COMMUNICATION TOWERS.
The Policy communicated by the Department of Information Technology, Govt. of
Himachal Pradesh Shimla shall be applicable in toto in all the Planning Areas and
Special Areas in the State of Himachal Pradesh subject to the condition that minimum set
backs as applicable for residential buildings in that Planning Area or Special Area shall
be applicable, in case tower is installed on ground. A Structural Stability Certificate of
the building shall be mandatory for roof top towers and towers erected on ground.
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016
121
APPENDIX 10
(See rule 17)
REGISTERATION OF PRIVATE PROFESSIONALS NAMELY TOWN PLANNERS/
ARCHITECTS/ ENGINEERS/ DRAUGHTSMEN / SURVEYORS, THEIR
QUALIFICATIONS AND COMPETENCY
1.
Essential requirementsEvery Plan / Design within the limits of Planning Area/ Special Area shall be prepared/
designed/ signed by the Town Planner/ Architect / Engineer/ Draughtsman /Surveyor
belonging to an appropriate class of Town Planner/ Architect / Engineer/
Draughtsman/Surveyor duly registered by the Director.
2.
3.
A- Class
B- Class
500 M2
5000 M2.
C- Class
250 M2
Nil
Class wise QualificationThe minimum qualification necessary for the registration of Town Planner/ Architect /
Engineer/ Draughtsman/ Surveyor of an appropriate class shall be as under:(i)
(ii)
Class-A(a)
(b)
(c)
122
(iii)
4.
Registration and Renewal FeeThe non-refundable Registration Fee and Renewal Fee after a period of five years of
initial Registration shall be as given in the following Table.
Sr.
No.
1.
2.
3.
Category of Registered
Private Professionals
Class-A :
(a) Town Planner /Architect/
Engineer.
Registration Fee
(Rupee)
Renewal Fee
(Rupee)
2000.00
2500.00
6000.00
7500.00
1000.00
600.00
1250.00
750.00
The Renewal Fee shall be payable every five years after the initial
Registration.
*Provided that the Architects registered with the Council of Architecture,
New Delhi under the Architects Act, 1972the Engineers registered with the Institution of
Engineers (India), Kolkata and the Planners registered with the Institute of Town
Planners (India) New Delhi shall not be required to be registered under these rules.
However, such professionals shall be required to get empanelled with the Director
without paying any fees. These professionals once empanelled shall not require any
renewal of empanelment.
5.
Cancellation of RegistrationThe Director may suspend or cancel the Registration of any Town Planner/ Architect /
Engineer/ Draughtsman/ Surveyor, who in the opinion of the Director is not carrying out
the requirements of the Zoning Regulations framed under Interim Development Plan,
Development Plan and the Guidelines issued under the Himachal Pradesh Town and
Country Planning Act, 1977 and the Himachal Pradesh Town and Country Planning
Rules, 2014.
Provided that before the Registration is cancelled, an opportunity of being
heard shall be afforded to the concerned Town Planner / Architect / Engineer/
Draughtsman / Surveyor.
Provided further that three opportunities shall be given to a professional
before finally cancelling the Registration.
*Provided further that the Architects, Engineers and Planners registered with
the Council of Architecture, New Delhi under the Architects Act 1972, the Institution of
Engineers (India), Kolkata and the Institute of Town Planners (India), New Delhi
respectively and empanelled with the Director shall only be suspended or cancelled by
the said Institutions in which they are registered, on recommendations of the Director.
*****
* As amended vide Himachal Pradesh Town and Country Planning (Amendment), Rules 2016