Amendment status not verified — confirm the current text below against the official source.
Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out any development or changes use of any land- (a) without permission required under this Act; (b) in contravention of the permission granted or any condition subject to which such permission has been granted; (c) after the permission for development has been duly revoked; or (d) in contravention of any permission which has been duly modified; *“(e) in contravention of any other provision of this Act”; shall, without prejudice to any action that may be taken under section 39 be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees or with both, and in the case of a continuing offence with further fine which may extend to two hundred rupees for every day during which the offence continues after conviction for the first commission of the offence. *Provided that imposition of fine shall not be deemed to regularize the unauthorized constructions, colonies or buildings, and the Director after giving a notice of thirty days and after affording a reasonable opportunity of being heard, may demolish or remove such unauthorized constructions. The amount incurred on account of demolition or removal of un-authorized construction shall be recovered from the owner of such building as arrears of land revenue. * As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 2013 (Act No.41 of 2013). Penalty for unauthorized development or for use other than in conformity with development plan 26 39.(1)Where any development has been carried out as indicated in section 38 the Director may, within *ten years of such development serve on the owner a notice requiring him, within **fifteen days from the date of service of the notice.- (a) in cases specified in clause (a) or (c) of section 38 to restore the land to its condition existing before the said development took place; (b) in cases specified in clause (b) or (d) of section 38 to secure compliance with the conditions or with the permission as modified; ***(c) in cases specified in clause (e) of section 38 to secure compliance in the manner as may be prescribed; Provided that where the notice requires the discontinuance of any use of land it shall be served on the occupier also. ***“(2) in case any person after issuance of notice under sub-section (1) does not comply with the directions, he shall be served with a notice to stop or to seal, as the case may be, unauthorized development in the manner as may be prescribed.” **“(3) Any person aggrieved by such notice may within fifteen days of the receipt of the notice, apply for composition of offences under section 39-C and till the time the application is disposed of, the notice shall stand withdrawn; and” (4) The foregoing provisions of this chapter shall, so for as may be applicable, apply to an application under sub-section (3). **“(5) If the offence is compounded, the notice shall stand withdrawn, but if the offence is not compounded, the notice shall stand, or if such offence is partly compounded, the notice shall stand withdrawn to the extent the offence is compounded, but shall stand in respect of the offence which is not compounded, and thereupon the owner shall be required to take steps specified in the notice under sub-section (1) in respect of the offence not compounded”. (6) If within the period specified in the notice or within the same period after the disposal of the application, the notice or so much of it as stands is not complied with, the Director may- (a) prosecute the owner for not complying with the notice and whether the notice requires the discontinuance of any use of land, any other person also who uses the land or causes or permits the land to be used in contravention of the notice, and (b) where the notice required the demolition or any alteration of any building or works or carrying out of any building or other operations itself, cause the restorations of the land to its condition before the development took place and secure compliance with the condition of the permission or with the permission as modified by taking such steps as the Director may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations, and recover the amount of any expenses incurred by him in this behalf from the owners as arrears of land revenue. (7) Any person prosecuted under clause (a) of sub-section (6) shall on conviction, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both, and in the case of a continuing offence with further five which may extend to two hundred and fifty rupees for every day during which the offence continues after conviction for the first commission of the offence. * As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 1994 (Act No.16 of 1994). **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). Power to require removal of unauthorized development 27 *39-A. Power to stop development.- (1) Where any development in any area being commenced in contravention of the development plan or sectoral plan or without the permission, approval or sanction referred to in sections 15.A (2), 16 or 31 or in contravention of any conditions subject to which such permission, approval or sanction has been granted:- (i) in relation to a planning area or a special area, the State Government or an officer of the State Government empowered by it in this behalf. (ii) in relation to any other area within the local limits of a local authority, the competent authority thereof, may in addition to any prosecution that may be instituted under this Act, make an order requiring the development to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly. (2) Where such development is not discontinued in pursuance of the order under sub- section (1), the State Government or the officer of the State Government or the competent authority, as the case may be, may require any police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of development or to seize any construction material, tools, machinery, scaffolding or other things used in such development within such time, as may be specified in the requisition and such police officer shall comply with the requisition accordingly. (3) Any of the things caused to be seized by the State Government or the officer of the State Government or the competent authority, as the case may be, under sub-section (2) shall, unless the owner thereof turns up to take back such things and pays to the State Government or the officer of the State Government or the competent authority, as the case may be, the charges for the removal or storage of such things, be disposed of by it or him by public auction or in such other manner and within such time as the State Government or the officer of the State Government or the competent authority thinks fit. (4) The charges for the removal and storage of the things sold under sub-section (3) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on a claim being made there within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the fund of the State Government or the competent authority, as the case may be. (5) If any development in the area other than a planning area or the special area, has been commenced in contravention of the development plan or sectoral plan or without the permission, approval or sanction referred to the Section 15-A (2), 16 or 31 or in contravention of any conditions subject to which such permission, approval or sanction has been granted and the competent authority has failed to make on order under sub-section (1) or, as the case may be, a requisition under sub- section (2), within the time may be specified in this behalf by the State Government, the State Government may, after observing such procedure as may be prescribed by rules made in this behalf, direct any officer to make the order or requisition, as the case may be, and that officer shall be bound to carry out such directions and the order or requisition made by him in pursuance of the direction shall be complied with accordingly. * As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 1994 (Act No.16 of 1994). 28 (6) After the requisition under sub-section (2) or sub-section (5) has been complied with, the competent authority or the officer to whom the direction was issued by the state Government under sub-section (5), as the case may be, may depute by a written order a police officer or an officer or an employee of the State Government or local authority concerned to ensure that the development is not continued. (7) Any person failing to comply with an order under sub- section (1), or as the case may be, under sub-section (5), shall be punishable with fine which may extend to two hundred rupees for every day during which the noncompliance continues after the service of the order. (8) No compensation shall be claimable by any person for any damage which he may sustain in consequence of the removal of any development under section 39 or the discontinuance of the development under this section. (9) The provisions of this section shall be in addition to, and not in derogation of any other provision relating to stoppage of building operations contained in any other law for the time being in force. *39-B. Power to seal unauthorized development.- (1) It shall be lawful for the State Government or the competent authority, as the case may be, at any time, before or after making an order for the removal or discontinuance of any development under section 39 or section 39-A to make an order directing the sealing of such development in the manner prescribed by rules, for the purpose of carrying out the provisions of this Act, or for preventing any disputes as to the nature and extent of such development. (2) Where any development has been sealed, the State Government or the competent authority, as the case may be, may, for the purpose of removing or discontinuing such development order the seal to be removed. (3) No person shall remove such seal except:- (a) under an order made by the State Government or the competent authority under sub-section (2); or (b) under an order of the appellate authority or the State Government made in an appeal under this Act. *“39-C. Power to compound offences.- (1) The Director may, on an application made to him, accept from any person who has committed an offence punishable under this Act, by way of composition of such offence; a sum of money as may be fixed by the State Government by rules. (2) On payment of such sum of money to the Director, no further proceedings shall be taken against such person in respect of such offence”. * As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act, 1994 (Act No.16 of 1994). 29 CHAPTER-VII TOWN AND COUNTRY DEVELOPMENT AUTHORITY 40.(1)The State Government may, by notification, establish a Town and Country Development Authority by such name and for such area as may be specified in the notification. If the State Government considers the local authority or authorities or any other authorities like State Housing Board, the State Government may by notification designate such authority or authorities as the Town and Country Development Authority or Authorities for a particular area or areas to perform the functions of the Town and Country Development Authority or Authorities under this Act in addition to their own duties and functions and in such cases sections 42, 43, 44, 45, 46 and 48 of this Act will not operate. (2) The duty of implementing the proposal in the development plan, preparing one or more town development schemes, and acquisition and development of land for the purposes of expansion or improvement of the area specified in the notification under sub-section (1) shall, subject to the provisions of this Act, vest in the Town and Country Development Authority established for the said area.