Amendment status not verified — confirm the current text below against the official source.
Where a local authority or any authority specially constituted under this Act intends to carry out development on any land for the purpose of that authority, the procedure applicable to the Union or State Government, under section 28 shall, mutatis mutandis, apply in respect of such authority. 30.(1)Any person, not being the Union Government, State Government, a local authority or a special authority constituted under this Act intending to carry out any development on any land, shall make an application in writing to the Director for permission, in such form and containing such particulars and accompanied by such documents as may be prescribed. (2) Such application shall also be accompanied by such fee as may be prescribed. *“30-A.(1) Any person who owns land in rural areas, falling within Planning or Special Areas wherein neither Interim Development Plan nor Development Plan has been notified, shall be exempted from permission under this Act for the following development activities up to the limits as may be prescribed:- (i) Residential activities such as farm-houses and residential houses up to three storeys, cattle shed, toilet, septic tank, kitchen, store, parking shed or garage and rain shelter; (ii) Commercial activities such as basic commercial activities like shops of general merchandise, cobbler, barber, tailoring, fruit, vegetable, tea or sweet, eating places and dhabas, chemist and farm produce sale depot; (iii) Service Industries such as cottage or house-hold, service industries like carpentry, knitting, weaving, blacksmith, goldsmith, atta-chakki with capacity up to five horse-power, water mill, agriculture equipments or machinery repair, electrical, electronic and house-hold appliances; (iv) Public amenities such as public amenities like panchayat offices, schools, mahila mandals, yuvak mandals, community halls, post offices, dispensaries and clinics (including health, veterinary and Indian System of Medicines) information technology kiosks, patwar khanas, guard huts, anganwaries, electricity and telephone installations and connections, roads and paths, ropeways, water tanks, rain harvesting tanks, overhead or underground water tanks, pump houses, check dams, temples, churches, mosques, graveyards, cemeteries, cremation grounds and other religious buildings, bathing ghats, cremation shelters, rest sheds, baths, drainage, toilets, latrines, urinals, sewerage installations, wells, tube wells, baulies, garbage disposal bins, depots and other installations; (v) Agriculture and horticulture related activities including rain harvesting structures, milk chilling plant, farm level godowns, seeds and fertilizer stores, farm clinics, pre-cooling units, primary processing units, green houses and poly houses; and (vi) Heritage related activities such as lakes, reservoirs, dams, baulies, wild life sanctuaries, cemeteries, graveyards, railway lines. (2) Any person who owns land in areas falling outside urbanisable areas, as shown in the Interim Development Plans or Development Plans of Planning or Special Areas, shall be exempted from permission under this Act for the development activities specified under sub-section (1) upto the limits as may be prescribed.” * As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 2009 (Act No. 8 of 2009). Development by local authority or by any authority constituted under this act. Application for permission for development by others. Exemption from development permission in rural areas falling within Planning or Special Area 22 31.(1)On receipt of an application under section 30 **or 30-A the Director may, subject to the provisions of this Act by order in writing- (a) grant the permission unconditionally; (b) grant the permission, subject to such conditions as may be deemed necessary under the circumstances; and (c) refuse the permission. (2) Every order granting permission subject to conditions, or refusing permission shall state the grounds for imposing such conditions or for such refusal. (3) Any permission granted under sub-section (2) with or without conditions shall be in such manner as may be prescribed. (4) Every order under sub-section (2) shall be communicated to the applicant in such manner as may be prescribed. (5) If the Director does not communicate his decision whether to grant or refuse permission to the applicant within **two months from the date of receipt of his application, such permission shall be deemed to have been granted to the applicant on the date immediately following the date of expiry of **two months: Provided that in computing the period of **two months the period in between the date of requisitioning any further information or documents from the applicant and date of receipt of such information or documents from the applicant shall be excluded. ***31-A. Structural Stability Certificate-- The applicant shall submit a Structural Stability Certificate of the building before putting the same into use, in the manner prescribed ****“including soil investigation report and structural design basis report as per provisions for safety against natural hazard.” 32.(1)Any applicant aggrieved by an order *****“passed under any of the provisions of this Act” may, within thirty days of the date of communication of order to him, prefer an appeal to an officer not below the rank of a Secretary*, appointed by the State Government in this behalf, and such an appeal shall be made in such manner and accompanied by such fees as may be prescribed. *****“(2)The officer appointed under sub-section (1) shall, after giving a reasonable opportunity of being heard, decide the appeal preferred under this section within a period of six months from the date of filing of the same.” (3) Subject to the provisions of section 33 the order of the appellate authority shall be final. * As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 1981 (Act No.14 of 1981). **As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 1997 (Act No.11 of 1997). ***As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 2001 (Act No.15 of 2001). ****As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 2013 (Act No.41 of 2013). *****As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 2015 (Act No.14 of 2015). Grants or refusal of permission Appeal 23