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:-

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:-