[9
of 2024] [22nd
November 2024] 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:- (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. 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.". 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;". 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. In section 71 of the
principal Act, in clause (b), the words and signs "except CHAPTERS-IX-A
and IX-B;" shall be omitted.The Himachal Pradesh Town And Country Planning (Amendment) Act, 2024
PREAMBLE