The Himachal Pradesh Town And Country Planning (Amendment) Act, 2024

[9 of 2024]

[22nd November 2024]

PREAMBLE

AN ACT further to amend the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977).

BE it enacted by the Legislative Assembly of Himachal Pradesh in the Seventy-fifth Year of the Republic of India as follows:-

Section 1. Short title and commencement.

(1)     This Act may be called the Himachal Pradesh Town and Country Planning (Amendment) Act, 2024.

(2)     It shall come into force on such date as the State Government may, by notification in the Rajpatra (e-Gazette), Himachal Pradesh, appoint.

Section 2. Amendment of section 1.

In section 1 of the Himachal Pradesh Town and Country Planning Act, 1977 (hereinafter referred to as the "principal Act"),-

(a)      in sub-section (3A), for the number and letter "2500 M2", the number and letter "1000 M2" shall be substituted; and

(b)      after sub-section (3A), the following sub-section shall be inserted, namely:-

"(3B) It shall apply to all buildings or projects having plot area of more than 1000 M2 to be developed on any area outside the notified planning areas or special areas constituted under this Act.".

Section 3. Amendment of section 2.

In section 2 of the principal Act,-

(a)      after clause (e), the following clause shall be inserted, namely:-

"(ea) "competent authority" means the Director or any other officer authorised by the State Government, by notification, to exercise the powers of the Director under this Act;"; and

(b)      after clause (oa), the following clause shall be inserted, namely:-

"(ob) "Real Estate Project" means the development of a building or a building consisting of apartments, or converting an existing building or a part thereof into apartments, or the development of land into plots or apartments, as the case may be, for the purpose of selling all or some of the said apartments or plots or building, as the case may be, and includes the common areas, the development works, all improvements and structures thereon, and all easement, rights and appurtenances belonging thereto;".

Section 4. Amendment of section 37.

In section 37 of the principal Act,-

(a)      for the words "Town and Country Development Authority or the Special Area Development Authority" wherever occurs, the words "Competent Authority" shall be substituted; and

(b)      in sub-section (2), the words "by the Town Planning Officer" shall be omitted.

Section 5. Amendment of section 71.

In section 71 of the principal Act, in clause (b), the words and signs "except CHAPTERS-IX-A and IX-B;" shall be omitted.