Himachal Pradesh Town And Country Planning (Twelfth Amendment) Rules,
2024
[18th
November 2024]
PREAMBLE
WHEREAS, the draft Himachal
Pradesh Town and Country Planning (Twelfth Amendment) Rules, 2024 were notified
vide this Department's Notification of even number dated 27-08-2024 and
published in the Rajpatra (e-Gazette), Himachal Pradesh on 27-09-2024 for inviting
objection(s) and suggestion(s) from the persons 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 and rejected;
NOW, THEREFORE, in exercise
of the 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 following rules further to amend the Himachal Pradesh Town
and Country Planning Rules, 2014, notified vide this Department Notification
No. TCP-A(3)-1/2014-I, dated 01-12-2014 and published in the Rajpatra, Himachal
Pradesh on 01-12-2014, namely:-
Rule 1. Short title and commencement.
(i)
These rules may be called the Himachal
Pradesh Town and Country Planning (Twelfth Amendment) Rules, 2024.
(ii)
These rules shall come into effect from the
date of its publication in the Rajpatra (eGazette), Himachal Pradesh.
Rule 2. Amendment of rule 16.
In rule 16 of the Himachal
Pradesh Town and Country Planning Rules, 2014 (hereinafter referred to as the
said rules),-
(a)
For sub-rule (2), the following shall be
substituted, namely:-
"(2)
Every application submitted 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 Act or the Real Estate Project
shall be accompanied by fee as specified below:-
|
Sl.No.
|
Component
|
Unit
|
Municipal Corporation Limits
|
Outside Mun icipal Corpo ration Limits i.e.
adjoining Plan ning/Spe cial Area Limits
|
|
Reside ntial Use Rs.
|
Other than Resid ential Use Rs.
|
Reside ntial Use Rs.
|
Oth er than Resid ential Use Rs.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
1.
|
Fee for Building perm ission / sanction / revis ion of
buil ding plan.
|
M2 (Built- up Area)
|
40.00
|
80.00
|
30.00
|
60.00
|
|
2.
|
Fee for add ition/ altera tion/ re- vali dation.
|
M2 (Built- up Area)
|
30.00
|
60.00
|
20.00
|
40.00
|
|
3.
|
Fee for approval of Sub-division of land.
|
M2 (Plot Area)
|
30.00
|
60.00
|
20.00
|
40.00
|
|
4.
|
Fee for Change of Land Use from the use as prescribed
in the Interim Development Plan/ Development Plan to propose land use or from
original use of site, where Interim
Development Plan/ Development Plan not
prepared.
|
M2 (Plot Area)
|
50.00
|
100.00
|
40.00
|
80.00
|
|
5.
|
Fee for Change of Existing Building Use.
|
M2 (Built- up Area)
|
40.00
|
80.00
|
30.00
|
60.00
|
Note.-
(1)
The remaining Urban Local Bodies i.e.
Municipal Councils and Nagar Panchayats alongwith their adjoining
Planning/Special Area Limits shall levy fee @ 90% and 80% of the above
prescribed rates respectively.
(2)
The Special Area Development Authorities
(SADAs) comprising of the Industrial Areas of the State shall have the liberty
to levy amended and enhanced unitary fee under above components provided that
the fee shall not be less than that for MCs.
(3)
The Special Area Development Authorities designated
as Tribal SADAs shall levy fee @ 60% of the above prescribed rates under column
No. 6 & 7.
(4)
All other remaining SADA shall levy fee @80%
of the above prescribed rates under column No. 6 & 7.
(5)
For all plots directly abutting and falling
within 100mtr distance from control line of 4- Lane National Highway, other
National Highways and State Highways, the above prescribed fees shall be
charged @ 150%, 130% and 120% respectively.
(6)
For all planning permission cases wherein
permission under section 118 of the Himachal Pradesh Tenancy and Land Reform
Act, 1972 has been obtained, the above prescribed fees shall be charged @ 150%,
even if such cases fall under category at Sl. No. 1, 2, 4 and 5 above.
(7)
All building Planning permission cases for
Residential Use having plot area up to 100 Sq. mtr. shall be exempted from all
the fees as prescribed above.
(8)
No fee shall be charged from Below Poverty
Line (BPL) families, Economically Weaker Sections (EWS) 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."
(b)
After sub rule (3), the new sub rule (4)
shall be added, namely:-
"(4)
Every application submitted for grant of Essentiality Certificate under the
Himachal Pradesh Tenancy and Land Reforms Act, 1972 shall be accompanied by fee
as specified below:-
|
Sl. No.
|
Plot Area (m2)
|
Fees (Rs.)
|
|
1.
|
Upto 2500
|
25000/-
|
|
2.
|
Above 2500 to 10,000
|
50000/-
|
|
3.
|
Above 10,000
|
1,00,000/-
|