CAPITAL ADMINISTRATION

NOTIFICATION

THE 4th May, 1959

No. C-4574-69/III/4440—With reference to the Punjab Government notification No.C-
th
/6524-58/III/475, dt. The 12 January, 1959, and in exercise or the powers conferred by
section 16 of the Punjab New Capital (Periphery) control Act, 1952, (Punjab Act No. 1 of
1953), the Governor of Punjab is pleased to make the following rules:-
1.1) These rules may be called the Punjab New Capital (Periphery) Control Rules,
1959

2) They shall come into force at once.

2. In these rules, unless there is anything repugnant in the subject or context.

a) ―Act means the Punjb New Capital (Periphery) Control Act, 1952.
b) ―applicant‖ means a person who makes an application to the Deputy
commissioner under sub-section (I) of Section 6 of the Act.
c) ―Brick – fil d ― means a place where any kind of clay is or is caused to be
excavated or other wise obtained for the manufacture of burnt or sundried bricks
and includes any land which is used or proposed to be used as site for a brick
kiln;
d) ―brick kiln‖ means a place where bricks are burnt.
e) ―charcoal kiln‖ means a place where wood of other carbonaceous material is
burnt for the production of charcoal.
f) ―form‖ means a form appended to these rules.
g) ―Lime Kiln‖ means a place where lime is burnt.
h) ―pottery kiln‖ means a place where china clay or any other kind of clay is baked
or heated in the process of making pottery or porcelain.
Manner of 3. The notification under sub-section (2) of section 3
Publication of the Act shall be displayed on the notice board out
of notification side the offices of the Deputy Commissioner and all
contolled area, the Panchayat Houses and Patvar Khannas in the
section 3 (2) Controlled area. The announcement shall also be made by beat of drums in all
the villages situated in the controlled area and affected by the provisions of the
notification.

Form of plan 4. The plan prescribed under sub-section (2) of section

of controlled 4 of the Act shall indicate clearly the name of such
area section village situated in the controlled area and specify the nature of restrictions
4(2) applicable to such area imposed under sub-section (I) of section 4 of the Act.
Form of 5. The register to be maintained under sub section (7)
Register Under sub- of the section 6 of the Act shall be in form E.
Section (7) of section 6.
of the Act.

Section 6 (7) 6. Every applicant shall make an application,in writing

Form of application to the Deputy Commissioner, in Form A and shall,
section 6. at the sametime, submit in duplicate duly signed by himself or his legally
authorised agent or attorney, a site plan showing the situation of the land
according to revenue record, on which proposed erection of re-erection of any
building or excavation or laying or any means of access to a road is desired. The
plan shall clearlyshow the number of fields surrounding the proposed site.

Power to reject 7. The Deputy Commissioner may decline to accept any application which is not
incomplete Application made inaccordance incomplete with the provisions of rule 6.
Section 6 8. If the building is not erected to re-erected or an excavation is not made or
extended or an access to a road is not laid out within six months of the date of
sanction, such sanction shall shall be deemed to have lapsed in respect of such
portion of the building or excavation or layout which has not been completed. In
regard to the incomplete portion, a fresh application shall have to be made under
rule 6.

Principles to 9.a) The Deputy Commissioner may take into

be taken into consideration the principles and conditions under
consideration which applications for permission to erect or re-
before granting erect any building or to make or extend any
of refusing excavation may be granted or refused.
application and b) The order passed by the Deputy Commissioner
form thereon area under sub-section (2) of section 6 of the Act, shall
to be communicated. Be communicated to the applicant in Form B.

Cases in which 10. The Deputy Commissioner shall refuse to grant permission to laying of means of
Permission to be access to roads,
refused When:-
worship, cannotath or Samadhi or a well, or
ii) construction of metalled of unmetalled exceeds 20 feet in width.
Persons intending 11. Every person intending to use any land for the
to use land for kiln, purpose of charcoal kiln, pottery kiln, lime kiln, or
etc. to furnish brick kilnor a brick fil d shall make an application
information section to the Deputy Commissioner in form giving necess-
11. -ary particulars against coloumns provided in the
Form and such other information as the Deputy Commissioner may required to
be furnished.

12.1) Before making an order on any application, the Deputy commissioner may make
or cance to be made such enquiries as he considers necessary.
2) The Deputy Commissioner shall refuse to grant power to refuse licence, if the
Power to refuse land on which it is proposed to licence of kilns establish the brick field, in his
License of kilns opinion is in unique proximity to any inhabited sites or any site which is likely to
Section II. become inhabited for any other reasono which seems to him just and sufficient.

13. Every license granted under these rules shall be in form D and shall be deemed
For and conditions to be granted subject to the conditions set forth therein and subject such
or license, section further conditions as the D.C. may consider it desireable to attach with a view to
11. secure the safety of convenience of the public or any portion of the public.

Duration of 14. Every license granted under these rules shall be

License Section effective for a period of one year from the date of issue but may be renewed by
11. the Deputy Commissioner as often as he may think far for further periods on
Yearly basis.
Revocation of 15. The deputy Commissioner may revolve the license
License section prior to the date of expiry for the infringement of
11. any of the conditions imposed at the time of granting the same.

Fees for license 16.(I) The following fees shall be payable for license issued under those rules:-
Section 11.
(I) For the initial grant of license for:-
(i) a brick field, including not more than one brick kiln of standard size Rs.
40.00
(ii) A charcoal kiln Rs. 40.00
(iii) A Pottery Kiln Rs. 50.00
(iv) A lime kiln Rs. 25.00

(II) For the renewal of licenses Half the above fee for each year of renewal.

(III) Additional fee payable for Half the fee at every additional kiln after 1 above
the first.
(IV) Additional fee payable in respect of any Rs. 20.00
 Brick kiln, which exceeds standard size.

Explanation:- For the purposes of this rule, a brick kiln of standard size menas a brick kiln
containing not more than thirty two chambers each capable of burning twenty five
thousand bricks at one loading.
2) Application for the renewal of a license shall be preferred to the Deuty
commissioner not less than one month before the date when the license isi due
to expire, If the application for renewal of license is preferred at any outer tim,e,
the fee for renewal shall be full fee for a new license.
3) The fees set forth in rule 16 (I) and (II) shall be payable in full before the
application is taken into consideration, but if the grant or renewal of the license is
refused, half of the fee shall be refunded.
4) The fee set forth in rule 16 (III) and (IV) shall be payable from and on the date
when additional brick kiln is brought into use or a brick kiln is made to exceed the
standard size, as the case may be, it shall cover the outstanding period for
which the license is then effective and no more. If the additional brick kiln is till in
use or the brick kiln still exceeds the standard size, at the time when the license
becomes due for renewal, the additional fee for the next year shall be payable
with …….. for the renewal of license.
 Form A
(See rule 6)

Applicationi under sub section (I) of section 6 of the Punjab New Capital (Periphery)
Control Act, 1952.

The Deputy Commissioner (Estate Officer), Chandigarh

Sir,
I/We request for permission to:-
i) erect or re-erect a building;
ii) make or extend any excavation;
iii) lay out means of access to a roadin the controlled area.
The required particiulars are given below:-

i) Name/s of the applicant/s (in block letters)

ii) Father’s name.
iii) Village.
iv) Hadbast No.
v) Tehsil ____________ District___________.
vi) Khasra No.
vii) Area
Bounded by:-
East
West
North
South
viii) Purpose for which the building/well/road/excavation is to be used.

I/We enclose the following documents in duplicate:

a) Site plan showing therein the existing structure, if any, and
b) the building plan.

I/We solemnly affirm that the particulars given above are correct to the best of my/our
knowledge and belief.

Attested
Oath Commissioner Magistrate
First Class.

Signature of the Applicant

 Form B
See rule 9 (1)

Form for the grant of or refusal of permission under section 6 (2) of the Punjab New
Capital (Periphery) Control Act, 1952.

From

The Deputy Commissioner,

Chandigarh.

To

Shri/Sarvshri ___________________________
Dated, Chandigarh, the ___________________

MEMORANDUM

Reference your application, dated_______________ for permission to

_____________________

a) erect or re-erect a building.

b) make or extend any excavation.
c) Lay out means of success to a road in the controlled area of
village______________ Hadbast No.________________Tehsil
_________________District_______________
as indicated on the site plan submitted therewith.

2) Permission is hereby:-
a) Granted subject to the following conditions:-
(i)
(ii)
b) refusal to the following reasons:-
(i)
(ii)
A Copy of the site Plan/building plan is/are returned duly approved/rejected.

Deputy Commissioner,
Chandigarh.
 Form C
(See rule 11)
Application for licence to establish and operate charcoal kiln, pottery kiln, brick kiln, lime
kiln or brick field.

To

The Estate Officer,

Exercising the powers of
Deputy Commissioner,
Chandigarh.
Sir

As required under sub section (I) of section 11 of the Punjab New Capital
(Periphery) Control Act, 1952, I/We hereby apply for the grant of license under
the said Act, and the rules framed thereunder to establish and operate a charcoal
kiln/pottery kiln/brick kiln/kiln/lime kiln/brick field in the locality specified below:

2. A sum of Rs.____________ on account of the fee for the license as

desired has been deposited by me in Chandigarh Treasury under the Head
―_________________________________‖ and a copy of the Treasury Challan
showing the receipt of the aforesaid amount in enclosed.

Yours’s faithfully,

(Signature of applicant)
Particulars (full name, parentage etc.) and full address of applicant.
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If the applicant in a company or firm of if the applicant proposes to operate the kiln/brick
field through an agent, give the name (with full particulars and address) of the Managing
Director, agent of other persons who will be directly in charge of the kiln/brick field.
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Whether kiln or brick field to proposed to be established.
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Revenue Estate.
Field Khasra Numbers Area.
(Indicate whether the whole
Of each field will be included or a part only)
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Total
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Number of the kilns proposed to be set up in the said area with the location and capacity
of each.
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Depth of the excavation in case of brick fields.
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Period for which it is expected that the land will be in use for the kilns.
---------------------------------------------------------------------------------------------------
Number of labourers likely to be employed and the arrangements proposed for their
housing and sanitation.
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 Form D
(See rule 13)

License to establish and operate a charcoal Kiln/pottery kiln/brick kiln/lime

kiln/brick fields.
In pursuance of the provisions of subsection (1) of section 11 of the Punjab New
Capital (Periphery) Control Act, 1952, this license is granted to Sh. ---------------
-------------------------------------- under the said Acto to establishand operate a
charcoal kiln, pottery kiln, lime kiln, brick field or brick kiln in the land herein after
described, subject to the conditions set forth on the reverse of this license.
2. Unless renewed, this license shall cease to be effective after twelve month from
the date of issue.

Signature of D.C.
Chandigarh.

Name of Village (Reverse side of license in Form D)

Khasra Numbers
Area

Conditions:-

1) The license shall provide-

a) Adequate and suitable accommodation for the labourers working at the kilns on
the brick fields;
b) a supply of whole some water for drinking and other domestic purposes;
c) sufficient and suitable latrines and urinals for the lobourers and an adequate staff
of sweepers at least one for every hundred labourers, to attend the consuming
arrangements.

2) The work shall not be begun in the brick field until the requirements of sub-
paragraph (I) above have been comlied with to the satisfaction of the Deputy
Commissioner and a certificate to this effect obtained from him.

2. The license shall not permit any person suffering form contagious or infections
disease to enter or be upon the licensed kiln or brick field.
3. No excavation shall be made in any kiln or part of the brick field to a depth of
more than five feet below the surface level whether for the removal of clay to be
used for making bricks or for any other purposes.

4. The license shall comply with all directions that may be given by the Deputy
Commissioner in writing for the regulation of excavation and the provision of
proper drainage or with a view to ensuring that rain ro flood water shall collect at
the place or in the kiln on the brick field instead of at a number places and on
completion of operation shall remove all structure and dress and tidy the site to
the satisfaction of the Deputy Commissioner.

5. The whole of the area of the brick kiln shall be opened at all times to be
inspected by the Deputy Commissioner or any official deputed by him to inspect
on his behalf.

6. The grant of license is subject to the condition that license under the East Punjab
Control of Brick supplies Act, 1949 ( No. I of 1949) is obtained from the Industries
Department.

( A brick kiln of standard size means a kiln containing not more than 32
chambers each capable of burining 25,000 bricks at one loading).
 1
S. No

2
Date of

3
Name and Particulars of
the applicants

4
Description of the land or site
or building.

5
Village

6
Conditions of property and its
use upto the date of notice
Capital (Periphery) Control Act, 1952.

u/s 3(2).
Form E
(See rule 5)

7
Purpose for which permission
is required.
8

No. and date of order

9

Permission granted/refused
with conditins/ grounds of
grant/refusal
Department.
10

Orders of appeal if any

B.B. Vohra,

Punjab Capital Project

11

Tehsil and District

Secretary to Government
Form of register to be maintained under subsection (7) of section 6 of the Punjab New

12

Remarks