LEGAL FRAMEWORK IN THE STATE OF PUNJAB- INTERFACE BETWEEN DEPARTMENTS OF TOWN PLANNING, LOCAL GOVERNMENT AND URBAN DEVELOPMENT AGENCIES
LEGAL FRAMEWORK IN THE STATE OF PUNJAB- INTERFACE BETWEEN??DEPARTMENTS OF TOWN PLANNING, LOCAL GOVERNMENT AND URBAN DEVELOPMENT AGENCIES
?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????*J.K.Gupta
Director college of Architecture IET Bhaddal, Ropar
1.????Introduction
In this era of rapid globalization and massive urbanization, urban land and urban development process have emerged as the two critical areas having far reaching implications on the economic development, social change, health, political stability and operational efficiency of any society. All civilized societies have their roots in a well laid down system of rules and regulations. Accordingly, the planned growth and development of urban settlements would require a well defined legal framework to support it. Planning legislation has profound implications for urban development because it defines the system of urban governance, establishes the system of urban planning and regulation of land development. It also defines and provides for certain basic procedures for establishing such system. With the pace of urbanization in India picking up in the post independence era, number of planning laws were enacted to control, regulate and promote orderly and planned development of urban areas. Urban development being a State subject, various States took full advantage to create its own Legislations related to planning and development activities.
The overview of the existing planning legislation scenario in the state of Punjab indicates that there is a preference for enacting laws which are subject specific and as such large number of laws have been created for the urban areas. Each law has its own framework, management system and operational mechanism. This has given birth to number of developmental agencies operating in the urban areas.
1.1??????Land Acquisition Act, 1894
Beginning with the Land Acquisition Act in 1894, existing urban legal framework comprises of as many as 21 laws till date. These laws relate to land acquisition, land development, managing urban areas, formulating planning schemes, development of residential and industrial estates, setting up of agricultural produce markets, preparation of Master Plans, Regional Plans, controlling and regulating areas along important roads and around cities, providing for regulation and granting ownerships of apartments, licensing of private colonies and registration of estate agents, promoters and developers?besides controlling and regulating the urban land use and pollution in urban areas.
1.2??????The Punjab Municipal Act, 1911
“The Land Acquisition Act”. was the first act enacted in year 18944 followed by Punjab Municipal Act, created in the year 1911 in the state to regulate and rationalize the town development through the framing of Town Planning Schemes, Building Schemes and sanctioning of building plans. Town Planning Schemes were made for largely un-built area whereas Building Schemes were restricted to areas which were largely built up. These were regulatory schemes. Land up to 25% from each owner could be taken up for planning of roads, creation of parks and public buildings etc. without paying any compensation. Maximum component of land which could be put for public purpose into scheme was limited to 35% for which compensation was to be paid. It should be appreciated that these Town Planning Schemes made significant contribution to promote planned development in the larger cities of state till 1992. The Supreme Court of India struck down the provision pertaining to taking away of land for public purpose without payment of compensation as per its judgment date making this legal tool in operative in the state. The role of urban local bodies in the Town development has been stagnated with the invalidation of Town Planning Schemes. Majority of development in the urban areas is now regulated through the approval of building plans and change of land use by municipalities/municipal corporations.
1.3??????The Punjab Town Improvement Trust Act, 1921
Improvement Trust Act 1921 was the first attempt in the state to create an autonomous body to undertake Town development through framing number of schemes within & outside the city limits. Numbers of Improvement Trusts have been set up for the important towns which have formulated various development, redevelopment, housing, re-housing, expansion schemes etc. which has created large chunk of developed land with all basic social and physical amenities for the residents. Amritsar, Jalandhar, Ludhiana, Batala and Pathankot Improvement Trusts have done a remarkable work in this direction. Improvement Trust, Amritsar also did remarkable work under the Damaged Area Act, which was enacted to speed up the development of areas damaged due to riots/fire etc. during the partition of state in 1947. Walled city of Amritsar owes its development under this Act. The Amritsar Improvement trust constituted as a land mark activity, the then time within Walled city during the crisis.
1.3??????The Punjab New Capital (Development & Regulation) Act, 1952
To develop the capital city of Chandigarh in the state, The Punjab New Capital (Development & Regulation) Act was made operational in 1952. This Act made a remarkable contribution to the planning and development of Chandigarh the capital town of the state, which was the first new capital city to be entirely planned & developed as a new town by an international renounced French Town Planner Le-corbusier for the first time in the new independent India.
1.4??????The Punjab New Capital (Periphery Control) Act, 1952?
?Further, in order to rationalize the development and minimize haphazard/unplanned and un-authorized construction around Chandigarh, the Punjab New Capital (Periphery Control) Act, 1952 was enacted. The Act made significant contribution to regulate development around Chandigarh besides making available un-encumbered area for future expansion of the city till it lost its relevance in 1966 with the re-organization of the state of Punjab leading to sub-division of periphery into 3 states. Never the less these Acts have played a very significant role for city planning and its development after Independence not only for the state, but for the country at large with an international outlook.
1.5??????The New Mandi Township and Agriculture Produce Markets Act, 1961
In order to improve the marketing infrastructure in the context of green revolution in the state of Punjab, “The new Mandi Township and Agriculture Produce Markets Act” were put in place. Under these laws lot of well planned wholesale/retail markets for the foodgrain, vegetable and fodder in the state have been promoted, developed and made operational.
In order to address the issue of improving the slums in the State, The Punjab Slum Areas (Improvement) Act, was made operational in the year 1961. Despite, the fact the slum Area Act is in operation for last more than four decades no much contribution of the law has been made to minimize & improve the slum areas in the state with one or other reason.
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1.6??????Punjab Urban Estate Act, 1963 and the Punjab Schedule Roads and Controlled Area Act, 1963
Two remarkable laws which made a large contribution to the planned development of the state were Punjab Urban Estate Act and the Punjab Schedule Roads and Controlled Area Act made operational in the year 1963. Under the provisions of these Acts large numbers of planned urban estates were set up all over the state. City of Mohali has its genesis under this law and the entire development prior to 1995 was made under the Urban Estate Act. Majority of development in the cities of Ludhiana, Bathinda & Patiala can be attributed to Urban Estate Act. Unfortunately law now stands repeated in 1995 despite its remarkable contribution to the planned development. Scheduled Road and Controlled Area Act focused largely on regulating the development along important roads and also around the important cities. The law stands repealed now with the enactment of the Punjab Regional & Town Planning and Development Act, 1995.
1.7??????The Punjab Housing Board Act, 1972
?Housing Board Act made operational in 1972 also made its own contribution for the planned development and created number of houses in the state. However, now this Act has also been repealed in 1995.
1.8??????The Punjab Regulation of Colonies Act, 1972
The Punjab Regulation of Colonies Act, 1972 was the first attempt to involve private sector in the urban development process. The provision of the Act did not allow total involvement of the private sector and emerged as the major roadblock in the approval of colonies. This law was repealed in 1995 when The Punjab Apartment and Property Regulation Act was made operational.
1.9??????The Urban Land Ceiling Act.1976
?The Urban Land ceiling Act 1976 did not make much head way in the state and was repealed at the first available opportunity.
1.10????The Punjab Municipal Corporation Act, 1976
In the year 1976, The Punjab Municipal Corporation Act was made operational under which status of local bodies was upgraded to the level of Municipal Corporation in the cities of Amritsar, Jalandhar, Patiala, and Ludhiana and later on in Bathinda. However, the new law did not have higher order of planning and development except the Town Planning Schemes and Building Schemes. Role and contribution of these Corporations accordingly remains limited to the functions of local authorities of higher order. However, Municipal Corporations and other Urban Local Bodies including Improvement Trust can work as Planning and Development Authorities under the Punjab Regional and Town Planning and Development Act, 1995 and can be entrusted same work with the task of promoting planned development of urban centres.
In addition, there are other laws regulating the pollution, creating of physical infrastructure, promoting co-operative housing etc. Urban development laws existing in the state are detailed in table given below:
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1.11????The Punjab Regional and Town Planning Ordinance, 1976.
Despite the existence of large number of urban laws in the state, legislative framework addressing the comprehensive and integrated development of urban area was still not available. In order to bridge the gap and to create legal framework for?preparation of?Master Plans/Development Plans and for putting in position?appropriate development agencies in the state, first attempt was made in the year 1976 with the enactment of The Punjab Regional and Town Planning Ordinance, 1976. The law provided for preparing the Regional Plans and Master Plans for the identified regions/cities and creation of Development Authorities for urban settlements in the state. However, the ordinance was not converted into the law which lapsed after the expiry of 6 months. The law followed the footprints laid down by the Maharashtra Regional and Town Planning Act and the Model Town Planning law suggested by the Town and Country Planning Organization, Govt. of India. Considering the role and importance of planned development in the overall physical economic development of the state, it was thought prudent to bring a comprehensive legislation covering the overall development of the state, Regional and settlement level on the pattern of Town Planning Ordinance 1976.
1.12????74th Constitutional Amendment Act, 1992
The legal scenario underwent change due to the enactment of 74th Constitutional Amendment Act, 1992 which recognized the subjects of urban planning, town planning & land use planning and provided for empowering the local authorities to take up the onus of planning, development and management of urban areas under their jurisdiction at grass root level. It also provided for setting up agencies like District Planning Committees for each District and Metropolitan Area Planning Committee for Metropolitan Area and for preparing District Plans and Metropolitan Area Plans. These bodies having majority of elected members from the Municipalities and Panchayats, in order to provide for their?greater involvement in the formulation of the plans and to ensure that planning process is driven largely by user’s/perception at grass root level for local people service not merely by higher up level at state level. The Metropolitan Area Planning Committee has not been constituted in the State despite the fact that cities of Amritsar and Ludhiana qualify to have such Committees.
1.13????The Punjab Regional and Town Planning and Development Act, 1995
Year 1995 marks a watershed in the history of planning legislation in the state when three important laws were enacted and made operational. With the enactment of the Punjab Regional and Town Planning and Development Act, 1995 the existing gap in the area of comprehensive legislation was bridged. New law provides for promoting orderly growth and development of the state, regions and urban settlements within the given planning framework defined by the Regional Plans and Master Plans. The new law is highly comprehensive and innovative in terms of planning and developmental framework because, it is based on the innovative features of different models of planning laws applicable in the country. New law puts in place planning machinery not only at the regional and state level but also at the settlement level.
The new law provides for the creation of a high powered Regional & Town Planning Board at the State level under the chairmanship of Chief Minister which became operational from July 1995. The Board was made responsible for policy planning and for laying down guidelines for urban development and management. Board was destined to be the coordinating agency for all State; Regional & Local level Planning Authorities. Besides the Board, a State Level Authority known as the Punjab Urban Planning and Development Authority has also been created under the chairmanship of Minister for Housing and Urban Development so as to take care of issues related to urban development, planning and housing at the state/local level. Act also provides for creation of Special Area/New Town Planning and Development Authorities for identified special areas/new towns in order to provide for urban planning, development and management input at the local level.?Recently five new local level authorities have been created in the state at the settlement level including Mohali, Jalandhar, Amritsar, and Ludhiana & Bathinda in addition to Patiala in order to look after the specific planning and developmental needs of these cities and areas/identified as local planning areas. Thus an integrated system of planning and development machinery has been envisaged covering all the urban centres of the state. These Authorities have also been vested with power to raise enough resources, both fiscal and manpower, so as to enable them to discharge their duties effectively and efficiently. The law has ushered a new era of comprehensive development of urban centres in the state. However, with the amendments carried out in the year 2006, the power of the Board has been diluted in order to avoid duplication and minimize time frame for preparing for Regional Plans and Master Plans.
1.14????????The Punjab Apartment and Property Regulation Act, 1995 and
The Punjab Apartment Ownership Act, 1995.
Besides the Regional and Town Planning and Development Act, two more laws have also been enacted by the state i.e. The Punjab Apartment and Property Regulation Act, 1995 and The Punjab Apartment Ownership Act, 1995. The Property Regulation Act aims at promoting and regulating the setting up of colonies by the private sector in the state. The new law aims at providing impetus to private investment in the urban areas. The Act repeals the Punjab Colonies Act, 1975 which failed to promote and attract private investment and was instrumental in promoting unauthorized colonies in the state on large scale. It is for the first time that any state provided for registration of estate agents, promoters and developers so as to bring them within the legal framework by making them accountable to the public and state. Urban development process is proposed to be made, by and large, self-financing including provision of basic amenities and services through the mechanism of levying Internal and External Development Charges. A fund for promoting research in urban planning and development has also been created so as to continuously upgrade the planning mechanism and planning laws of the state, Research and Development in the area of urban development would be instrumental in ensuring rational plan preparation and effective plan implementation. The Punjab Apartment Ownership Act provides for granting ownership to the category of flatted development and to provide for managing common infrastructure and services provided in the area. The law has been made applicable to the entire state and has given impetus to the development of flatted commercial/ residential development.
1.15????URBAN DEVELOPMENT LAWS OF PUNJAB
i)?????????????????????????Land Acquisition Act, 1894.
ii)???????????????????????The Punjab Municipal Act, 1911.
iii)??????????????????????The Punjab Town Improvement Act, 1922.
iv)??????????????????????The Punjab Damaged Areas Act, 1951.
v)????????????????????????The Punjab New Capital (Development and Regulation) Act, 1952.
vi)??????????????????????The Punjab New Capital (Periphery Control) Act, 1952.
vii)????????????????????The Punjab New Mandi Township Act, 1961.
viii)??????????????????The Punjab State Agricultural Produce Markets Act, 1961.
ix)??????????????????????The Punjab State Cooperative Societies Act, 1961.
x)????????????????????????Indian Companies Act, 1961.
xi)??????????????????????The Punjab Slum Areas (Improvement) Act, 1961.
xii)??*????????The Punjab Scheduled Roads and Controlled Areas (Restrictions of Unregulated Development) Act, 1963.
xiii)??*????????The Punjab Urban Estate Act, 1963.
xiv)??????????????????The Punjab Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1964.
xv) *?????????The Punjab Housing Development Board Act, 1972.
xvi)?**??????The Punjab Regulation of Colonies Act, 1975.
xvii) ***???The Punjab Regional and Town Planning Ordinance, 1976.
xviii)???????????????The Punjab Municipal Corporation Act, 1976.
xix)????????????????????????Urban Land (Ceiling and Regulation) Act, 1976.
xx)??????????????????????????The Punjab (Air) Pollution and Control Act.
xxi)????????????????????????The Punjab Water Supply and Sewerage Board Act.
xxii)????????????????????????????????The Punjab Regional and Town Planning and Development Act, 1995.
xxiii)?????????????????????The Punjab Apartment and Property Regulation Act, 1995.
xxiv)?????????????????????The Punjab Apartment Ownership Act, 1995.
xxv)????????????????????????The Punjab Infrastructure Development Board Act
xxvi)??????????????????????Pepsu Control Board Act
__________________________________________________________________________?????????????????????????????????????????????????????????????
*?????????Laws at serial no. xii, xiii, xv have been repealed by the Punjab Regional and Town Planning and Development Act, 1995.
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**???????Law at serial no. xvi has been repealed by the Punjab Apartment and Property Regulation Act, 1995.
***?????Ordinance at serial no. xvii lapsed after six months as bill was not brought before the Assembly to make it a law.
2.????DEVELOPMENT AGENCIES
Similarly, looking at the agencies it has been found that besides Municipal Corporations and Municipalities there are Improvement Trust set up under The Town Improvement Act, Punjab State Agricultural Marketing Board under the Punjab State Agricultural Marketing Board Act, Directorate of Colonization,?Department of Town Planning and Housing , Water Supply and Sewerage Board, Goindwal Industrial and Investment Corporation, Punjab State Small Industries and Export Corporation, Regional and Town Planning Board, Punjab Urban Planning and Development Authority, Special Area Planning and Development Authorities, Pollution Control Board, PEPSU Township Board,?District Planning Committees, Housing Federation etc. Numbers of development agencies operating at state and local level are indicated in table given below:
2.1??????DEVELOPMENT AGENCIES OPERATING IN STATE OF PUNJAB AT STATE AND LOCAL LEVEL*
·????????????????The Regional and Town Planning Board.
·????????????????The Punjab Urban Planning and Development Authority.
·????????????????The Greater Mohali Urban Planning and Development Authority.
·????????????????The Greater Ludhiana Urban Planning and Development Authority.
·????????????????The Amritsar Urban Planning and Development Authority.
·????????????????The Jalandhar Urban Planning and Development Authority.
·????????????????The Bathinda Urban Planning and Development Authority.
·????????????????The Patiala Urban Planning and Development Authority.
·????????????????The Anand Pur Sahib Planning and Development Authority.
·????????????????Pepsu Development Board.
·????????????????Improvement Trusts.
·????????????????The Punjab Infrastructure Development Board
·????????????????Punjab State Industries and Export Corporation.
·????????????????Punjab State Mandi Board./Market Committees
·????????????????Goindwal Industrial Investment Corporation
·????????????????State Public Works Depart (Building and Road).
·????????????????Punjab Water Supply and Sewerage Board.
·????????????????Municipal Corporations/Municipal Committee.
·????????????????Directorate of Colonization.
·????????????????The Co-operative Housing Federation.
·????????????????Competent Authority under Apartment and Property Regulation Act.
·????????????????Air Pollution Control Board.
·????????????????Development Board for Important/ Historic Towns.
·????????????????Tourism Development Corporation.
·????????????????Police Housing Corporation
·????????????????Irrigation Department.
·????????????????State Health Corporation.
·????????????????Department of Civil Aviation.
·????????????????Punjab State Electricity Board.
·????????????????Technical Education Department.
·????????????????Transport Department.
·????????????????Bhakra Beas Management Board.
·????????????????Department of Industries.
In addition there are large numbers of central agencies operating in the state involved in the urban/infrastructure development.
2.2????Town & Country Planning Department
Number of line departments of the State Government besides Boards and Corporation are also activity involved in the Urban Governance of the city. State Town Planning department has two offices in the city i.e. District Town Planning and Senior Town Planning office. District Town Planning office provides technical support and guidance in the area of Town Planning to various local level agencies and undertakes the planning of various schemes in the city and district. Considerable contribution has been made by District Town Planning office to the planned growth of the Amritsar city.
The office is headed by District Town Planner and supported by Assistant Town Planner and Planning Assistants besides Planning and Field staff. District Town Planner works under the overall supervision and control of the Senior Town Planner and Chief Town Planner. Considering the role and importance of the Amritsar ??Metropolis, State Town Planning Department has established the office of Senior Town Planner at Amritsar. Office of SenTown Planner looks after the planning related offices of the Districts of Amritsar and Gurdaspur. This office was upgraded from the level of Area Planner to the level of Senior Town Planner. The office is headed by Senior Town Planner who is assisted by Assistant Town Planner and field/ administrative staff. Senior Town Planner works under the overall supervision and control of the Chief Town Planner (Punjab).
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?2.3????Punjab Urban Planning and Development Authority (PUDA)
With the enactment of Punjab Regional and Town Planning and Development Act, 1995, the Punjab Urban Planning and Development Authority (PUDA) was set up in 1995. PUDA was setup by closing the Punjab Housing Board due to the repeal of Housing Board Act. PUDA is a State level agency looking after the Planning and Development of urban centres of the state besides promoting housing and infrastructure development. However, considering the role and importance of Amritsar Metropolis State Govt. has created in the year 2007 an independent authority by the name of Amritsar Planning and Development Authority under the provision of Punjab Regional Town Planning and Development Act, 1995. The executive head of Authority at the local level is the Chief Administrator appointed by the State Govt. who belongs to State/ Central civil services. Chief Administrator is supported by technical and administrator staff. The functions of preparing Master Plan and Town Development schemes have been vested with the authority. The operational area of Amritsar Planning and Development Authority extends far beyond the operational area of Amritsar Municipal Corporation and Amritsar Improvement Trust. The Authority has both official and non-official member nominated by the State Government. The Authority has both Planning and Development functions vested with it Authority is subjected to overall superintendence and control of the Department of Housing and Urban Development of the State. Incidentally, Amritsar Development Authority, PUDA and the Department of Housing and Urban Development are under the charge of Chief Minister of the state.
2.4????Amritsar Development Authority
However, considering the role and importance of Amritsar Metropolis, state govt. has created in the year 2007 an independent authority by the name of Amritsar Development Authority under the provision of Punjab Regional Town Planning and Development Act, 1995. The executive head of Authority at the local level is the Chief Administrator appointed by the state govt. who belongs to state/ central civil services. Chief Administrator is supported by technical and administrator staff. The functions of preparing Master Plan and Town Development schemes have been vested with the authority.
The operational area of Amritsar Planning and Development Authority extends far beyond the operational area of Amritsar Municipal Corporation and Amritsar Improvement Trust. The authority has both official and non-official member nominated by the state government. It has both Planning and Development functions vested with it. Authority is subjected to overall superintendence and control of the Department of Housing and Urban Development of the state. Incidentally, Amritsar Development Authority, PUDA and the Department of Housing and Urban Development are under the charge of Chief Minister of the state.
Though the Amritsar development Authority has been formulated but to this date the technical staff for ADA is not there. At present, the technical staff of PUDA is working as staff for Amritsar Development Authority on dual charges. Being an implementing agency of higher order in the city, it needs to have requisite number of planners and other technically skilled staff to undertake the development works in the city ?
2.5????Department of Local Government
The Department of Local Government was established in the year 1966 and was given permanent status in the year 1979. Its main functions are:-
There are three main enactments under which the functioning of the local bodies is governed:-
????1) The Punjab Municipal Act, 1911,
????2) The Punjab Municipal Corporation Act, 1976, and
????3) The Punjab Town Improvement Act, 1922.
Apart from the above stated functions, this department also serves as administrative department for the Punjab Water Supply and Sewerage Board which is governed under the Punjab Water Supply and Sewerage Board Act, 1975. The main function of this Board is to provide water supply and sewerage facilities to the urban populace.
The department of local government is headed by principal secretary, local govt. who is an IAS officer in rank. The department is divided into two branches namely government branch and directorate branch. There is single file system in the Department. Work of all the Branches is routed to Director, Local Government-Additional Secretary and to Principal Secretary, Local Government through various Branch Officers which are headed by IAS/PCS/Departmental Officers.
The main thrust areas of the department includes
2.6????Amritsar Municipal Corporation
Urban Governance in the case of Amritsar Metropolis is being handled by number of parastatal agencies established over a period of time. The first agency to be established in Amritsar for the provision of basic services and infrastructure in the city was the Municipal Committee which was later upgraded to the level of Municipal Corporation in 1976 when the Municipal Corporation Act was made operational.
The main function of Municipal Corporations is to provide core civic services, which constitute fundamental requirements of urban life, like scavenging (Solid Waste collection, removal and disposal), roads and streets, street lighting, water supply and sewerage etc. Urban local bodies exercise certain regulatory powers like town planning, regulation of construction of buildings, licenses of trades and manufacturing activities and registration of births and deaths. As a service oriented organization the urban local bodies take a vast spectrum of developmental activities for providing civic services to the urban population.
Amritsar is one of the first five cities having Municipal Corporation in the state including Ludhiana, Patiala, Jalandhar and Bathinda. Municipal Corporation is headed by Mayor elected by the Councilors. Councilors are directly elected at ward level through the system of election. In addition, there is Deputy Mayor which is also elected by the Councilors. Municipal administration is carried through a system of Committees which deal with the important subject matters falling within the operational domain of the Corporation. For assisting the elected members and for day to day functioning of the Corporation besides implementing the decision of the elected members, State Government appoints Corporation Commissioner who is drawn from State/ Central civil services. The operational jurisdiction of Municipal Corporation is limited to Municipal Corporation Administration limits notified by the State Government. Major work of development, maintenance and upkeep of infrastructure is handled by the Municipal Corporation within the corporation limits. In addition the sanctioning of the building plans excluding the area which is covered by schemes framed by other department under their respective laws is carried out by M.C Amritsar. City has number of Town Planning Schemes and Building Schemes implemented under the Municipal Act as part of promoting planned development. However, with Supreme Court deciding against the structure/ mechanism of framing Town Planning Schemes where no land can be taken over by the Municipal Corporation/ Municipal Committees for the public purpose without paying compensation, no such Scheme is being framed since 19 Municipal Corporation is also the nodal agency under the JNNURM launched by Govt. of India to improve infrastructure and economy of 63 selected cities of country. The Municipal Corporation is subjected to the overall superintendence and control of Local Government Directorate besides Secretary and Minister in charge of the Local GovernmentCorporation has technical staff related to Town Planning, B&R, PH, Electrical, Revenue, enforcements etc.
There are around 5104 staff members working under MCA. Out of which, 119 people are in administration, 123 staff members are technical personnel and 4863 are supporting staff. The detailed organizational framework of the municipal corporation,
2.7????Amritsar Improvement Trust
In addition to Municipal Corporation, Amritsar has also got an Improvement Trust which has been established to promote planned development of the city within and outside the municipal limits which form the operational boundary of the Trust. Amritsar Improvement Trust has been established under the Punjab Improvement Trust Act, 1922. Under the said Act, 8 different kinds of schemes can be formulated related to Housing, Infrastructure, Development and expansion etc. Number of Development schemes has been framed by the Improvement Trust and considerable amount of work has been done in the area of planned/ infrastructure development in the city. The Trust is headed by a Chairman who is appointed by the State Govt. besides number of Trustees. In addition, Municipal Corporation is also represented on the Trust by electing its members as Trustees. Trust has also technical staff related to Revenue, Legal, Engineering and Town Planning. Functioning of Trust is subjected to Supervisor and control of Local Government Directorate on the pattern followed in the case of Municipal Corporation. All schemes/ resolutions framed/ passed by the Improvement Trust and Municipal Corporation are subject to the approval of the State Government in the Department of Local Government. Amritsar Improvement Trust has also done remarkable work in the area of rebuilding the old and new areas in the post independence period through the provisions of Damaged Area Act, by framing and implementing number of schemes within and outside the walled city.
3?????????CONCLUSION
State of Punjab has now put in place a legal regime which provides for promoting comprehensive and integrated development of urban and rural area through the preparation of Regional Plans and Master Plans. However, progress of preparation of Master Plan has been very slow and Regional Plans are conspicuous by their absence due to cumbersome and time consuming process guiding the declaration of planning area and preparing master plans.?In the year 2006, the entire set of provisions regulating the preparation of Regional Plans and Master Plans were critically reviewed, rationalized, simplified and modified drastically in order to streamline the procedure by eliminating number of duplications and inconsistencies existing therein. Under the modified provision, Master Plan for Ludhiana Metropolis has already been prepared and now the process of preparing Master Plans for 30 cities/towns of the state covering 13 district and 8498.01 sq. kms. of planning areas is in progress. State Government intends to prepare and make operational Master Plan for all urban settlements of the state in a phased manner. It is anticipated that with these Master Plans in position, a new era of integrated planning and rational development of urban centres will be ushered in the state.
However, the state urban development scenario indicates existence of not only large number of urban laws but also urban development agencies. Despite the fact that there are number of agencies and laws operating in urban areas, it has been observed that there is a concentration of development agencies operating in the large urban areas but these agencies are conspicuous by their absence in the small urban settlements. Our capacity to create appropriate planning framework and identify agencies for effectively implementing the new laws will hold the key for future planned growth of urban settlements in the state.