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1977 :Haryana Act 131

URBAN DEVEWPMENT AUTHORITY

THE HARYANA UR3AN DEVELOPMENT AUTI IDRITY ACT,

1977

(Haq-anaAct No. 13 of 1977)

Table of contents

SECTIONS : 1, Short title and extent 2. Dehtions. CHAPTER I1 EST.ABL.!SHMENT OF AUTHORITY 3. Establishment and constitution ofAuchority. 4. nf ofice and cnnditions ofscrvice of . 5 . P~'.vcrto remxc m e d x r s .

6. Filling of vacanci~. 7.. Meeting.

12. General disqualificationsof officers a d enlplnyees.

L 3. Objects and functions ofhuthority.

m

CWTER ACQUiSITIBNkW ZISPCSAL OF LAND

I 4. Compulsory acquisitionoi'lat>d. 16. Imposition ofpenalty and mode of recoveryof arrears. 1 7. Resumption and forfeiture forbreach of conditions of transfer.

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CHAPTER TV

,." VlCT PFR$<:F:s mt:?-M%tF,E?--"-- u r T r nAmflirlOEtITY

18. Powei-i~icie~i~tpmonsfi~x~r~~sesofAuh~~~~.

1 9. Power to recover damages as Fears of and revenue. 20. Appeal.

UKBAN DEVELOPMENT AUTHORITY

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1 1977 :Haryana Act 13

Cl W T E R V FITiAiiCE, ACCOaTVTS AND lhTUDIT 2 1. Fund of Authority. 22. Power of Y tate Ciovernmcnt to make grants, advanccs and loans to Authnrity.

23. PowerofAutl~ontytoborroworarivmcemoney. 24. Priority nfpaynlcnt for interest and repayment nf loans.

25. Budget.

26. P,ccal;?ts and 225 t. 27. Annual Report. 28. Provident Fund.

CHAPTER VI RELATIOH5 BETWEEX THE GOVEIU\riN'I; THE AUTESPAT',' A?,% TEE L,':CA: ,A :GZ:T:.ZS; ETC. 29. Power #fAuthori tyto myire local authmiryto assume responsibility for amenities in certain cases. 30. Control hy Staie Government. 3 I . Retuns and informarion.

3 5. Offences by Companies. 36. Fines when realised to be paid to Authority. 37. Composition of offences. CI-WTERwr &lISCELL,WEOUS , ,

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39. , officers and employees to be public servants. 40. Jurisdictionofcourts.

1977 :Haryana Act 131

URBAN DEVELOPMENT AUTHORITY

4 1 . Sanction forprosecurion.

42. Senrice ofnotice, etc.

.... -:wiices, ~ L Ci .t ~ Lx reas01135ie zi111e.

43,

45. Mode of proof of records ofAuthority.

4'7. Prfitecrion clfactiun lairen in good faith.

48, Relation ofAuthority with police. 50. Finality oforders and bar ofjurisdictionof civil courts.

5 1 . Power to delegate. 52. Statc Govcmmcnt or <myperson appointed by it rnay cxercise ~ ~Aiithaitj. ~d ~ U G WI UL p ~ i ~ l u dilij i ~ i~djifiXi+~di i i ~ f i GG

53. Powerto make rules. 53. Pewcr ta makc regulations.

5 5 . Pezz!t;. f3r 5:c~h sf~Aes 2nd reg~lzticns.

5 8 . Real and savings.

59. Removalof&culty. 60. R e ~ e asnd ! saving.

CHAPTER M CONSTITUTION OFLOCAX,DEVELOP$BhTAUTHORfTIES 6 1 . Definitions. 62. Declaratior, of Locsl Development area.

63. Constit~diorhof the lmal13evelopmentAuthority.

61. of office and conditions ofservices of. 65. Power to remove . 66. Filling of vacancies.

[ 1977 : Havana Act 13

URBAN DEVELOPMENT AUTHORIT)'

67. Meetingofvacancies. 69. Temporary association of persons. 70. Validation of acts and proceedings. 71. StaE 72. Object of the Local Development Authority.

Master plan for the development area. 7 4. Sector development plans. I 3. Submission of plans to the S&te Govemmcni Iur approval. 7'6. Procedure to be follaived in the preparation and approval cf ~ 1 . n . I I . Date o f coiimience=ciit of plan. 7 3. Maintenance and improvement of facade of certain buildings '13.

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arterial roads. 79. Amendment ofPlan.

sf!a& b-1fl:c

EC. Een:e!o;:?er: ): 1 .

!or.! dpve!oped =en.

..?ppiicatior. f ~ vrmission. r

82. Permission or refusal in respect of uses of I and and buildings.

83. Applicability of Haryana Act 8 of 1975. 84. Application of certain existing provisions. 85. Trader ofassets, liabilities, powers etc. to Local DeveiopmeoiAuthulity. 86. Nazullands. 57. Ce' .;h~

otlxr pe~3ri;.es.

8s. Order ofdcmolition of building. 89. Power to stop developmenr. 90, Conferment ofother powers on the Local Development AuL~o~~LY.

9 I. Powcrs to provide amcnity or carry out development at cost ofowner in the event ofhis dehult and to Icw cess incertain cases. 92. Power ofLocal DevelopmentAuthority to require local

1977 :Haryana Act 131

URBAN DEVELOPMENT .4UTHORI?'Y

authority to assume responsibilites incertain cases.

93. Power of LucaI Developu~entAuthority to levy. bcttcrmcnt charges. 94. Assessment of betterment charges by Local Development Authorit)! 9 5 . Finality of decision. 96. Payment of betterment charges. 97. Additional starnp duty on certain transfer of property. 98. Toll for amcnities. 99. Recovery of money due to Lucal Deb elopa~cntAuthority 100. R e m s and inspections. l i)I . Service ofnotice etc. 102. Public Notice how to be made known. 103. Notices eic. io iix rewnable iimr. 104. Savings. ! 5.

L'ffllc

c'Jcyez?lmt tfic v e q t

c.qe"tai~ r! xl: nf

buildings, etc.

i 06. Hans to stand ~rlorlihdU I c~rfiirl c&es. f 07. Power 10make rules for purposes of this Chapter. 108. Power to wake regulations for purposes of tlus Chapter. 109. Power to make bye-laws for the purposes of ths Chapter. i i O. Contribution of Locai Deve!opment Auth~rity io Starc exc~iequer. I i 1 . Dissn!!!tion r,f Loca! Devc!opment.4uih'~,rity. !12. Relalionshipof J-laqmaUrban Development Authority and

b c a l Development Authority with thc State Governmenl.

1977 : Haryana Act 131

U ~ A DEVELOPMENT N AUTIIOR~TY

' W E HARYANA URBAN DEV-ELOPMENTAUTHONTY ACT, 1977. {Harjrana,4ct No. 13 of 1977) [ X e c ~ i ~ v;he d assell t the Presidcn t uf inch on file 30tj1liy~ii, 1 977. irtid .,'irsr pitblished .fir- general i~;hnnationin rhe Watyan:1 Goverirnrerzr Gaette IExtr-aordinrity),LegislarA-c S c ~ ~ p l e t ~ Par-! ~ u n tI of 2nd Mny, 1977.1 -7

Short titlc

I

I

Whether rcaled or othcnvise

The Haryana Urban Development Aulhudy

Act, 1577.

1

Amended by 1-laryanaAct 1 8 of 1984' Arncnded by Hary;ma Act 26 of 1984* Amcnded by Harya~raAci 9 of 198s" Amended by tIaryana Act 26 of 20026 Ametadcd by Haryana Act 23 of 2003' ninendea by Hayzna ,srr i i cr 1r!~i4" ~rnendcdby Havana Act 12 of 2004'

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ACT lo prfiside for d ~ e esrchlish??rentofnll Urbnn Developme~z ~~~~~~~~iv fur- undertakrng urban developnrent lo[ and the Local Uev~lopmertr Auf/~ori(vfur ihe cilevelupnrejlt qf local m-eu] iii fhe Sjalt! qf .Haryana and for mutreys anciElaty iher~to. '

For Statement ofUbjects and Reasons. see Haryana Government Gazette (Eslrd.j , dared the 3 r d March, 19?7, page A 12. For Sta:ernenf ofOhjecti;and Rexons. sce Hzyana Governmen[ G w i l e (Exlra.), dated the 20th December. 1978, page 1?62. For Statement ofobjects and Reasons, see Haryau GoverrunenlGazerte (Extra.), dated the 27th March, 1984, page 502. For Statement of Objects and Reiasms,see Haiyana G wcnuncnt Gazette (Exha.), dated the 3rd September, L984,page 1465. For Statement ofobjects and Reasons,seeFIaryaaa Government GazcUc (Extra ), dated the 18th December, 1987. pagc 1965. For Sratement of Objects and Reasons,see Haryana Goverrunenk Gazette (Exba.), dated the 291h October, 2002, page 2 105. For Statement ofObjccts and Rcasons, see Haryana Government Gazette (Extra.), dated the lOrh March. 2003.page 902. For Statement of objects and Remns, see Haryana Government Gazette (Extra.). dated the 14th February 2004, page 387. For Statement of objccts and Reasans. see Haryana Government Gazetre {Extra.), &red I Ith March, 2004, page 573. Insei-tedby Haryana Act 12 of 2004.

URBAN DEVELOPMENT AUTHORITY

[ 1977 :Haryana Act 13

BEit enactcdby the Legislature ofthe Statc of Haryans in thc Twentyeighth Year ofthe Republic oflndia as follows:--

Short title and cxtcnt.

1. (1) This Act may be called the Haryana Urban Development Authority Act, 1977.

( 2 ) It extends to the whole of the State of Haryana.

2.

In this Act, unless the context otherwise requires,--6) "metlit};l" includes rods, nrater-supply,street-Iighttng,clrdhgc, [sewerage, m b n e n t and disposalofssiaage,suilage and aonn water] public works, tourist spots, open spaccs, parks, lmdscaping and play fields, and such other conveniencesas the State Governmentrnaj., by notification, specify t~be an amenity for the purposes of this Act;

'[(ail "basic amenities" includc mctallcd roads, wholcsomc watcr, sewerageand ~iectrificarims;3 I

fi,! " A u L $ ~ r in ~e'as &e Exyam t'hm Ueve!~prnent Aut!~rity constituted under sub-section(1 ) ofsection 3 ; (c)

"building" i n c l u d e

(11 a house, out-house, stable, latrine, godown, shed, hut, wall and any other struchre whether of masonry, bricks, mud, wood, m e ~ dor aiiy other materid whaisoever; (it)

a structure on wheels or simply resting nn the ground without foKdations:

(iir] a ship, vessel, boat, rent, van and m y other structure used for human habitation or used for keeping 4r storing any articles or goods; and , ,


whether in actual use or nor; 1.

2.

Subsituted by Haryana Act 26 of 2002. Insertedbyibid.

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1977 : Haryana Act 131

URBAN DEVELOPMENT AUTHORITY

(d) "buildingoperations" include re-building operation, structural alterations of, or additions to, buildings and other operations normally underpaken in corulcction with thc c ~ n s t ~ u cont iof buildings; jej

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"ChieFistr~lor"means thc Cbief:::ls!r3 tor oflhe -4uthority;

fl

"Co1imtor"means the Collector of the district and includes any orjler person appuintwl by ilrz State Govcrui;cnt for pcrfom,ing the functions of the Collector under this Act;

{ g " h v e l o p r n & ~with its prmmtical variatio& mans the canying out ofbuiiding. ei~gui~ering, miningor other nperatiocs in. un over or under land or rhe making of any ma(erialcl~ai~ge, in my buiihg or iand and inciuries r c - d t . ~ ~ ~ ~ ~ i i i ~ i i i ; (13) Lrdt:v~?ln!mnent p1an"means a plan prepared under the Punjab ScbeduIed Roads and Controlled Areas Restriction of

Unregulated Development Act, 1963, or the Fandabad Complex (Regulation and Dcvelopment)Act, i97 1;

6)

"Dirrrctn?' means the Tlirwtclr o f Town 3rd Cornby Planning, Haryanq and includes any person for the time being appointed *' J tl:p S ~ f G~?~em-metlt, c by !~rb~ifii-.ation, in cxcrcisc a d perform all or any of the powers and functions of the Dircctor mder this Act and the rules and regulations made thereunder; L-1

Q} "enginee~ir~gopemtio~s" include the formation or Iaying out of means of access to a road or the laying out ofmans offwatersupply, drainage '[savenge, mtment anddisposal cf sewage, suI:zgc md 3 ; ~ ~\~a:c:: m ~rof cleck'city c&!es cir i i n e or nf rehiphone l i n s ;

;/k) "erect or re-erect any building" includes(13 any rralcrial alteration dr enlargement ofmy building; (ii) the co~~vmionbystrucrural altmtion into a p l u for h u m habiiaticn of any buildkg cot ori_rina!!y col?stn~ct'ed for hum an habitation ; ..

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(iii) 5 e conirersioil 'into,mnre than'nne place 'for human habiktion ofa building originallyconstructed as one such place ; 1.

Substitutedby H a r y n a Amendment Ac126 of 2002.

UKBAN

[ 1977 : Haryana Act 13

DEVELOPMENTAUTIIORITY

(iv) the convcrsion of two or more places of h~u~nan habitation into a water number of such piaces; (v) such alterationsofa buiIdmg as affect ib drainageor mimy &':--igcrnen n,iJrniiiieriaiij-az*:;

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it;sec;r'i)l;

(vi) thc addition of any rooms, buildings, out-houses or cther stmcmres to my building; (vii) the consb-uction irl a wall ading any street or land not belonging !cthe owner of the v:all: or z doc: opening on to such sheet nr iand; Esjd;lte :nezis a pcison apl;iik,iGd L-j dlc kidkoiiiv io pe!fo.m tbc fkctions of an Esbtc C f i c e r under ikis Act in one

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or more than one urban areas; (m)"land" includes bcncfits to arise out of land, and things attached io the earth or perm anentiy fastencd to anything attacheato the -;

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:ze2:$1; i;;Ly ;G;Fd &-z~7;i$zc, ; jji;, iiLy;&-a colmtliitw,a Town In~provemenrTmg the iiaridabad Col~iples .-l-;-:..~-.d 1r ~ h T i i i ~ 2:12lYdjA gib&i &h;eiq?rneni i\a;ioI@j or other authority ic.gally entitled to, or entrusted by the Gavementwldl, &ekintrol or managemen1ofa municipal or iocal fund; !pc2i ~

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"means nf access" i ~ ~ c ! ~ d mcyc-czfls 3f Z C C ~ ~ S-;:LZ;:~E~ , private, or public, fur vehicles or for piestrians and inciudes a rn~rl.

LUUU,

(b) "mcmber"mcaasan~en~beroftheAuthori~andincIudesthe Chzirman, the vicc-Chaiman znd the Chief Ait~ninisrrator thcrcof; q LLoccupier" means aperson, including a firm or other body of individ-Is, ivhcther ixorponted =:;;G< who o c c u p i ~ldld or building sold, leased or-transferred in any manner whatsoever under h s Act and iilcludes his successors and assijpees; (I-) "operationai consmction" means any consmcti~n.whether temporary or permanen4 which is necessary for the operation, rnainte~~iulce, deveiclpment or execurion of any of the folloiv~ng services, namely(3 railways; (ii) nationaI highways; -

I

Inscrted by H.A. 26 of I984 and it shall be dcemed to comc into forcc with cffect from the 2nd May, 1977.

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1977 : Haryana Act 131

URB,IN DEVELOPMENT A u T H o R I n

jiii) national watenvays; (iv) major pons;

(pi) I J O S ~ and S

telegraphs, telephones, wireless, broadcasting

and other I~kt:forms of communications; ( vii j

regional grid for elecrricity;

{riii)any 0th-henice whicl~:he Statc Govern-men1 may, if ir is of the opi~iionthat rhe operation, mainrenancc, dwelnnm~ntsnr ~ v ~ r n h nf n nsuch service i s essen~iaito ?.--:--, the life of the community, by notification, deciare to be a service for the purposes of this clausc. Erpfnncrtir?n.- For the removal of doubts, it i s hereby declared that the construct:tjonof-

(?

new residential Fuildinp,~(other than gate lodses and qua-tctsfor Iimi ted wmtiiil op=tior,a! shEziid k c iikc),

riilway colonies, hospitals, clubs. icstitutiona and schools, in the cass of railways; and (irj a new buildiog. atw siruciul-eor new 'installationor my extension thcreof, in ihe case of any other scrviw, slid; riot tua dacaed to kezr;ns>c;z~cnk - ~ i t h & i ~: rne2nir.g sf this clause; rrrarfs- and dmins in

T )

"prescribed" mcm pescrihed by rules made trnder ths Act;

( E ) "public p1ace''mears any place or building whch is oper! ro the useand enjoyment ofpub1ic whetiaer ir is actuallyused or enjoyai by the public or not, md whether the entry is regulated by any

charge or not; (u)

"reguIation" means a regulation made under this Act by the Auth~riv,

(~!j "Secretary"rnean~stheSesretaryoftheA~ltl~o~iy:

"transfer" includes a sale or lease of land or buildins under scction IS;

(1

"tansferee"means a person, including a firm or other body of

individuals, whether incorporated or not, to whom iand or building is sold, leasedor transferred in any manner whatsoever under this Act, and includes his successors and assignees;

1 1977 :Haryana Act 13

URBAN DEVELOPMENT AUTIIORITY

(y)

Xrbm area" means-

(i) the arca cornpciscd within the jurisdiction of any local authority and also arly such area in the vicinity as the State Government may, having regard to the extent of, and the scope for, tSc wbaaisaticaof that arca or c k z r relwanr considerarions,specify in this behalf by notification ;and (ii) such other area as the State Government may, by notibtion declare to be itn urb3 =area, x ~ l i c i hn the lnior? ofthe State Government is likely to be urbanised, and includes any area declared as controlled arca undcr the provisions ofthe Pmjab Schduied Roads and Conuolled Areas R h c t i o n of Unregulated Develupmenr Act, 1963, or the Faridabaci Complex (Regulation and Deveiop~r~clv) Act, 1971. CHAPTER n ESTABL,ISHMF,NT OFGUTHOMTY 3. (1) With effect from such date as the State Government may, by

t.:stablishment

~~~~~~~~i~u~~~)~~n~tificati~n.specifyinthis~hd~theSateGovernmentshalIesta , of Authoniy. purposes of this Acq an Authority to be known as ihe Haryana IJrban Devzfopmerrt A u ~ h a r i twith ~ headquafteimsat sucl: place m thc S ~ i e Govc~mentm y spccify. (2) The Authority shall be a body corporate '[as we11 as a local authority] by thename aforesaid,having p q e t u a l succession and a common seal, with power to acquire, hold and dispose ofproperty,both movable and immovable, and to contract ;and shall, by rhe said name, sue and be sued. (3) Th,e,*.u&cfitysha!! consist fif il Chnlmm, nV~ce-C'h?Lrman,E Chiat' istratol. andsuch other , riot more than twelve and not less thzn six, as the stat& G o r ~ e m ~ emq, n t lorn lime to t i l ~ ~by e , l~o~iilcarion, appoint : Pro~idedthatthe number ofnon-official mcrnbers shall no4 at any time. excced three. T2~115z?nfEcc 4. f !) Thr: nfo f i c c and conditions aisenpiccni'the. rnembea and conditions shall he such, as may be prescribed. orservice af (2) The Chiefhdmiis~rtcr shall he eutitied receive ~ I I dI ~ few d cf rhe Authority such salary and such aIIowances, if sly, as maybe prescribed. h

1. .

Inserted by H.A. 26 of 1964 and sliall be dccmed to have cumc into force with effectfromthe.2ndMay,1477.-',;. .: . - . . . . . ,....-: . . ,. - . ' ,

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1977 :H a v a n a k f 13)

( m I \ N DEWLOPMENT AUTHORITY

(3) Any member, other than the Chief ,may be paid h r n the find of the Authoriqsuch altowances, ifany, as may be prescribed. (4> The m e ~ b e r sshall hnId (1 ffict: during thc p teasure of thc Statc

Govcmment. ( 5 ) A member may resign his office by giving notice in writing to the State Government and, on such resignation being accepted by the State Government, he shall c a s e to be a member. 5. Tbe State Government may remove, from office, any member-

(i) who, withbut excuse, sufficient in the opinion of the State tiovemmt~t,is abserlt fvr r n w 8m four consecutive meerings of the authority;

Powcr to remove .

(iij who has, in ri.le opinion uf ilue SPate G h ~ ~ i ~ i i i iSG~ zi i bf , i d +is position as a member as t~ :zi:der his contixance on the Authority detrimental to the interest o i ' h ~ u t l i 0 r - t ~ .

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6. Upon m m c n c e of my vacancy in the office of the Cbairmm, Kce- ~iiiingof Chairman,Chiefisb-atoror member, a new Chairman, Mcc-Chairman, ~ a ~ a 1 ' ~ i t . s Chief or . as the case may be, sball be appointed.

.I.&

7, (1) The Authority sba!l meet at such timcs and places and suhject Meetings. 3 L$e p ; ~ t i z i ~~fg:.;S z . ~ ~ c : i<2) c ~z:d s <-I) o b s = ~ c n-e\es nf p r r s c d ~ r r ~ . in regad to the ?ransactionof its business st such meetings as may be provided

by regulations. (2) At every meemg oftheAuthority, the Chairrnq if present, or in his absence, the Vice-Chaimm, and ifthere be no Chairman or Vice-chairman, piesent. then, auy one ofib , whom h e prcscnt mayelect, shaii preside. (3) All questions at a meeting of the Authori ty shajl be decided by a rnajoriq of votes of the present and votingand in the caseof e@ty of votes, the presiding shall have a second or a ~ t i n vote. g

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(4) Minutes shid be kept ofthe names of:he-mcmberspresent and of the prDceedings 31 each meeting i n a bonk to he h ~ pforthe t purpose. which shall be signed at thc next ensuing meetingby the member presiding at sucn neetmg and shaII be open to inspwtionby m y member during office hours

(51. For tbe transaction of business at a meeting of the Authority, the quorum sball be one-third of theriumberofmernbers actually smingfor the -. time being but shall not,-in.anycase,be Iessthan four.

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[ 1977 :Haryana Act 13

W A N DEVELOPMENT AUTHORITY

8. Subject to any rules made in rhis behalf, the Authority may, from to titue, appoir~tone 01-more co~;mliflees for the p~~rpose of securing the eficient discharge of the functions ofthc Authority and in particular for the pfii-pose e n ~ ! . j ! ~the g eziciejnr filzlfircnan,-- .If piiilir ~i~~~~a~~ 2nd development projects. Tcrrlporary

association of pcrscns.

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9. (1 ) The Authority or any committee appintedunder section 8 may associatewith itself in such nlanner and for such purpose, as may be pmcribcd, zny pcmon whnse rtssistance or arivice i! may require in performing any d i i s functiol~s undcr this Act. (2j A I Ip~c ~ ~~ E~ S~X iJ iL ~ wiih ~ C ~ii by i k A ~ i h ~ i - ~ i *i i d S~~ r- S C L ; ~ O ~ I (1) for any purpose shall have a right to take part in the discussion of the .4uthority reievant to that purpose but shall not have a right to vote at a meeting.

VaiidatWn of acls arrd

proceedings.

i O . Xu act dunc or prwtxrlirlgs take11under his Aci shall be questia~led on the grouzd merely cfy, q. ~ c c ~ ~ ~ s i- ~ ~ ~ 5 c u - ~ ~ ~ y of, theAuthority; +'

(b) any pcmon? assnciated undcr sectinn 9, having voted in contravention oftl~ewrovisionsofthishct in t I i s behalf;

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(c) rhe failure to s a v e a notice on any person where no substantial injustice bas m l t e d from such f a d q

(d) my omission, defect or irregularity not affecting the merits of the cese. ,,

11. (I ) Subject to such conrrol and restrictions, as may be prescriber< the Aud~oritymay appoint s u ~ numnber h of officers and other employees including cxperts for technical and legal work, as may bk necessary for the efficientperformance of its functions and may determine their designations and grades.

(23 The officers and others employees ofthe Authority shall be entitled to receive, from the fund ofAuthority, such salaries and allowances, if any, and sbI 1 be governedby such conditions of service as may be determined by regulations n?adeinthisbehalf. ( 3 ) The exercise of any powers or discbarge of any duties or functions under sub-section( I ) by any officer or other employee shall be subject to such restrictions,conditions and limitations, if any,as may be laid down by the Authority, and shall also be subject to its control and supervision.

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1977 1 Waryana Act 131

URBAN DEVELOPMENT AUTHORITY

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12. No person who has, directly or indrectly, by himself or through his Ciencral partner or agent, any share or interest in any conrract by or on behalf ofthe ~ j s ~ u a ~ i l ~ c a t i o l l s Xu~hon'ly,uranyemplopentunder, byoron behalf~ftheAuthority~othenise "ld rnlplny~rc t h z as ~ L?cfiiccr GT employee: !hereof, s!!;i'!l beci?!~!~ ui remzh a1 ~E!cer cr employte of tfie Authority.

13. The objects of thc Authority shall be to promote and secure the Objecis and development of all or any of the areas comprised in the urban area and for functions of rllat p~rpose,t i c Authority sMi have h c power rr, acquire by way of purciiasc, A-l!thcr!!;'. ~ransrer,exchange or gift, hold, managc, plan, develop and mortgagc or nth~ywae. dispose of ianti and r)E'nerprq)t:rry1to cariy out by iweli'or tilroqh any agency on its behalf, building, enweering, mining and oher operations, to execute works in connection with supply of water4[treatmeut and disposal of sewage,suUage and stom~ water], conmi of pollution and any other services and amenities and generally to do anything, whh ;he priorapproval, or on direction, of the State Govermlt:~1t,fur catlying out kc purpuses of his kci. .kcqxlsi~c~ zzd Pispcsz! cf Lr.*r! -.. !

1 When any land, othcr than the land owned by the Cenmal Acquisition oi Cirovernrnent, is required for the purposes of ibis Ac4 ihe Staie Guvemnreu4 h d may, at thc request of the Authorityproceed to acquire it wider the provisions ef thc LmdAcquisitinr! Act, !894l as amended fmm time to time, and on payrnent by (heAuhu~ityoCtiii:c ~ i ~ ~ p e i ~ sawardcd.mdei ati~il that Act and ~f ~ i i~'ulicr ; ~ h z i iilciircd g ~ ~ ; ia ~ c j ~ r t!~z k g! x d , the ! L Y ~s h ! ? yes: i:: the 4

Xuthonv.

(2) For ihe purpcjs~of the h n d AcquisitionAct, 1 894, '[and any athcr law for the time being in force] the Authority shall be deemed to be a local

I,

authoriy.y.1 f 5. (1) Subjzct to my dicectioi~sgiven by the State Gover~in~entuidcr Dispusul uf laltd. this Act and to the provisions of sub-section (S), the Authority may dispose of{a) any land acquired by it or transferred to i t by the State Government without undcrtaking or carrying out any deveiopment ihereon ;or Substituted by Haryana Act 18 of 1984 and shail be deemed to have comc into 1. force with effect from the 2nd May, 1977. 2.

3. 4.

Inserted by Haryana Act 26 uf 1984 a i d shall bc decrned to have come into force . .

witheffcct from the 2nd May, 1977, Inscfled by Haryana Amendment Act 9 of 1988. Substituted by Haryana Act 26 of 2002.

URBAN DEVELOPMENT AUTHORITY

1 1977 :Haryana Act 13

(6) any such land afterundedchg or caqmgout such development as it thinks fit,

to such persons, in such manner and sub-ieci to such tenns and conditions, x, it considersexpedient for securing development. (2) Nothing in this Act shall be construed as enabling the Authority to dispose of Iand by way of gift, but subject to this condi~ion,reference in this Act to the disposaI of Iand shall be construed as reference to the disposal ibcrzof in any nlamler; whell-lerby way "1 sale, exchailge or leas=or by i h ~ creation ofany easementright or privilege or othenvise.

(3) Subject to the provisions hereinbefore contained the Authoritymay seil, !ease, or othzrwise transfer whcrher by sti~tionalioment or orhcnvise. rmy land ur building belclugin3 to it on such and canditi~nsas itmay; by ,.eg3 ;&oi-fi,piov-;de(4) 'fie considerationmoney for mytanst'erunder sub-section ( 1) shall be paid to the Authority in such mgnner as m3y be providcd by regulations. I

( 5 ) Notivithstanding anphing contsined in my other law, for thc t h e being in for=, any Iand orbuilding or both, as the case may be, shall continue ro belong ro the authoriwuntil the entire cons id era ti or^ money toget her wi dl interest and other amount, if any, due to theAuthoriryon of the sale of such h : l d or huiidh~girrboth :S mid. ( 6 ) Until the conditions provided in the regulations are fulfil led, the transferee sha1,J not transfer hs rights in the land or building except with the previous permission of the Author&, which may be granted on st~ch and conditions,as the Authority may deem fit. imposition af p?~:!P,f :?.?

mode of recovery of

I

15. (1 ) W herc any person m&zs dehult in the payment of-

(i) any rent due in respect ofany lease of any lard or buildlng or both, as thc zasc may bc, slnder section 15: or (ii) any fee or contribution payable under this Act in respect of any land or building or both, h e Esta~t: Officermay direct h a t In addition to the amount of arrears, a sum not exceeding t !w! an~ot!a!shall be recovered I r ~ mthe person by way cf penalty : Provided that no aich direction shalI be madeunless the person affected thereby has been given a reasonable opportunity ofbeing heard in the matter. ( 2 ) Where any person makes default in the payment of any amount being the arrears or penalty or both directed to be paid under sub-section

t

1977 :Ha~yattaAct 131

URBAN DEVELOPMENT AUTHOR^^

(I), such m o u l t may be recovered fiom him, in the same manner as m a r s of land revenue.

17. (1) Where any transferee rnakcs default in t h e p a p e n t of any Rcsurnption

consideration money, or any instahent, on of the sale of any land or and forfciturc buildi~lsorb& undwswtior115,h e %&te Of5ccr1~lzj; by ~ o r i c cil ;zwkihg, for breach of cotlditions of call upon the transferee to show cause within aperiod of tlirty days, why n penalty, which shall not exceed tcn per cent of the amount due from the m n s feree, be not im~osed ~ ~ phim. m (2) After considering the cause, if any, shown by the transferee and after giving him n reasonable opportunity ofbeing heard in the matter, the Esiats Officer may, for reasons to be recorded in writing, make an order imposing the penalty and d i i c t that the ~tmollntof money due along with the -a--l*~fik-ll La p-.U noid k y ~ pk - n s f z ~y i t h i sech ~ ~ perid as may he s~ecified pC.L.I.I%y i~the ~ r d e r . *LAY..

?

UU

U

(3) Ifthe msferee fails to pay the momt due together wi th the penalty irl accordance with h e ~ r d em r d c under sub-section (I),or C O P J : ~ ~ ; S 2ISfezc!? ofany uher condi'cion ofsdc, fi~eEsiate Oflic~imay, by n ~ t i c in c wrk:,?& cz!! u p n the &anskiee to 550% causc xi:hin ;period of thirty d ~ y snth!, , ar! order of resumprion ofthe iaud trt. huiiciing ur tuiii, iii i I i G~ ~ inc;f G bc, aiii! forftihlre nfthe w!lole gr ~srlypslrtof& money, if any,paid in respmi lhn'wf which in na case shall exceed tell per cent of fie wrai anlomi. of itlc consideratiun mmey, intaest and other dues payable in respect of the sale cf the lmd orbuildi~g,nrhgth, should fiat be made.

.

I

-

(4) After considering t h e cause, if any, shown by the transferee in pursuance oPa notice under sub-section (3) and any evidence that he may PI.D&~KG ks u p ~=f ~tb?: ~ tZEC: =d zfcx gii.vLnghi= a rramn~lhleopporhlnity of being Ileard in the matter, rhe Estate;Ofiicer, may for -om to be recorded ir: w~ring,mate an order resuming the land or b~~ilding GT both as thc casc may be, and directing the fodciturc as providcd in sub-sectiun (3)of thc whole or any part of the money paid in respect ofsuch sale.

(5) Any person agpevsdby anorder of the Estate Officer under seclion .-

!6 111rsnder tthi s setinn may, within a periodof thirtv days ofthe date o f the communiationto him of'such order, prefer rn a p p i tu the Ch ieCA&lulisaator insuch fom and manner,as may beptescrihed:

P~ovidedthat the ~hief~dmini&rormay entertain the appeal afkr the expiry of the said period ofthirty days, if he is satisfied that the appellant was prevented by sufficient cause fiorn filingthe appeal in time.

[ 1977 : Haryana Act 13

URBAN DEVELOPMENT AUTHORITY

(6) 'l'he Chiefimtormay, after hearing the appeal, confirm, vary or reverse the order appealed fium and may such order ~she deems fit. (7) The Chief may, cither on his own motion or on an apylicaiiori received iri u s behiif, a1 any iilrlr withhi ii p ~ n o d rjf six nlun(trs from thc date of the ordcr, for the purposc of satisfying himself as to tllc legaIity or propriety of such order and may such order in relation thereto as he thinksfit: Provirlrri that the Chiefisiraiorshall not an rlrrier under this scction prejudicial to anypenon without givinghim a rmonabls opportunity ol'king h a d . [ ( 8 ) Any person aggrieved by an order of Chicf under sub-section (6) may within a period of ninety days of the date of the communication to him of such order,prefer a revision petition to the Secretary to Government, Haryana, Town and Country Planning Department, in such form and manner as may be prescribed : moviieti fw~crile S m e q ro r'iovemmenr, Hz~E;;I ntq.'p.XIti C o ~ i r r j Plming Uzp,artment, may entertain the revision petition after the expiry of h e s a d periotloTmnetydays, if he u satlshd lhal Lhepc~ihoner\v&preventcri by suBcient cause fionl filing the revision petition in time. ( 9 ) Thc Seretary to Govcmmenf Hary.dn'4 Town and C o u n Planning ~ Department, may, after hearing the revision, confirm, vary or reverse the order iippeaicci furn ailti rruy ass such urcier as irc: riec~nstii: Providd that the secretary to Govenlment, Hillpa, Tow1and Country _PlanningDeparhrnt, shallnot an order under this section without hcaring the j?ar!ies.] C'MTZRIV

I

+

Power to evict persous h m premises/land of Authority or bui !ding v constructed

.

-

POWER TO EVICT PERSONS FROM PREMISES OF TECEAUTBOrn ' 1 8 (1) If the Collector or any officer authorized by him is ~ati~fi& (a) that any person authorized to occupy any premiseq of the Authority has-(i) not paid rcnt IawfulIydue from him in respect of such pxrnises for a period ofmore rhan two montbs;or (ii) sublet, without the permission of the Estate Officer, thc whole or my par^ of such premises ;br -

-

1.

Substituted by Haryana Act 23'of 2003.

2.

Added by ~ G a n a ~ 11c of t 2004.

*

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!

I977 : H a r y a ~ ~Act a 131

URBAN

DEVELOPVLNT AUTHORITY

(iii) otherwiseactedincontmventionofanyofthe expressed or implied, under which he is authorized

ro occupy such premises ;or (b) that any person is in unauthorized occupation of any Iand ofrhe Authoriv or building constructed hereon,

1 '

,

thc Collecror or my officerauthorized by him may, fiowithstanding anything ~011tai11ed in any law, for the tim be.b~gin fclrce, by ~mticeservcd by pnst and if a penon aviods senice, or is uoi avaiiable for service or~~utice, or rcfuses tc a r e ? ! r;l~ire, t!~m by afirlng a copy nfif nn the nilter dofir 1.w cnmc nihcr conspicuous part of svch prcrniscs I land or building or in such other manner as may be prcscribcd, call upon my p~rson,who has committed a breach of the provisions oft his Act or the rules fiamed thereunder, to vacate the said prcrniscs/land or bui!dicg constructed thereon or demolish unauthorized constructinn and to aFpear and show cause why he shr~uldnot hc ordered to restore to its original state or to bring i t in confomitywiththe provisions of this AGLor thc txlcs +i;lcd t?crcil;ldcr, as the cas~ma_y k,and ij'sucii pewon iai is tr! s l ~ o w cause i~d ~satisfachon e ofthe Collectoror my ~%cer authorizd by hm \i;ithil! a period ofseven days the CoIlector or m y officer authcrizcd hy him shall paw an nrder requiring him to vacate such premises / land or buiIdir~gcomic!& thereon w dmolish mauthorizd c n m c t i o n mdmtnm toits on@ stateor to bring it in confo~tywithttleprovi~ions ofthisAct or tile rules framed thereunder, as the case may-be, vii thin a iiuther period of seven days. ( 2 ) Hthc ordcr made under ciause (a) or clause (b) of sub-section (1 3 is not cwried out, \=.4...ithir, 3sspecGi?Fedpricri,h e CoUecror 01-any oEccr audlofizl

by him at thc expiry of the period of this order, shall evict that person from, and take possession of, thc prcmisesf Iand or buildmg constructed rhcreon and shall for that purpose use such force as may be necessary and the cost incurred on such measures shalI, if not paid on demand, being made to him, be recoverable from such person as arrears of iand revenue.

[3\ Even before%ce x ~ e otbe f pried of srver! F'al? neztim.ed mder sub-section (I), if the Collector or such officer authorized by him is satisfied that illstead of vacation of premiseslland or building constructed thereon or demolition of unauthorized consmction, as the case may be, rhe person continues with the contravention,the Collector shall himself or any oficer authorized by him take such measures as may appear necessaryto give efiect to the order and the cost ofsuch rneasurcs shall, if not paid on demand, being made to him, be recoverable t?om such person as arreaR of Iand revenue.

URBAN DEVELOPMENT AUTHORITY

[ 1977 : Haryana Act 13

(4) If a person, who has been ordered to vacate any premises under sub-clause (i) or sub-clause (iii) of clause (a) of sub-section ( 1), within a period of seven days of the date nf service nf the notice, pays to thc Estate Officerthe rent in arrears or carrjcs out or othcrwisc complies with thc conmvend by him 10 fie sati ttis&cticlnnf the Collector or m y officcr ar ithnri7cd by him, as the case may be, the Collector or any officer authorized by him shall cancel his order made u n d b sub-section(1) and thereupon such person shaIl hold the premises on the same on which he held them immediately

before such notice was served upon him.] Power to recover rlarnagcs as

. nnzars of iarla rcvcnue.

19. Where any person is in unauthorised occupation of any premises of theAuthority, the Collector m y in &epmaibed manner. ass= such damages on of the use and occupation of the premises as he may deem fit and m2y hy fintire s t l f ~by ~ dpnst, w by affixing a c.c?pynf ir nn the m t e r dnnr or some ether conspicuous part of such premises or in such orher manner as iiizj: be przsciitued, fi&i %iit pcisoii t;j piij; 2h2 damagm ;;.i:!:kSLG!: :i;;;e not being less thirty days as may be specified in tile notice. Ifany person refuses 21 fails to pay thc damages w i k thc time specifid in the notice, thu damages may be recovered from him as arrears of land revenue. 2U. ( !) Any person aggrieved by an order oithe CoileCtor u c c r secr ion !8 or section 13 may, witbin a i;ciiod of thirty dzys from the date o f the service ofnotice under section 18 or section 19, as the case may be, prefer an appeal to the Director, or such other authoriry, as the State Governmenr may a p p o h h this k M f

Appeal.

Provided that the appellate authority may entertain the appeal afterthe expiryof the said period of thirty days, if it is satisfied that thc appellant was prevent4 by sufifir.iencc.ause 60rnEing rhe appeai in rime.

. .

(2; Where an appeal is prcfcrrcd undcr sub-section ( 1 ), :hc appcllatc authority may stay the enforcement of thc order of the Collector for such period and on such conditions. as it deems fit.

(3) Every a p p d under tbis swlion s h d be disposed of by rile appellare ~uthuriq! exp~'I;!i~~sly as p~ssible.

=

FINANCE, S AND AUDIT Fund of Authority.

21. (1) The authority shalI have and maintain its own fund to which shall be credited-

1

1977 :Haryana Act 13j

URBAN IXVELOPMENT AUTHORITY

(a) all moneys received by the Authority from theState Govemmcnt and the Central Govemme~ltby way of grants, Ioans, advances or ohrwise;

ail moneys borrowed by the Authority, fium sources otilcr than the Guvemenr, by way of ioatis or debenaircs; (i)

all fces received by thc Authority under this Act;

d

2111 morieys receiii~dbythe Autho;;.ty forEthe disposal of Ian&, buildings and other properties, movable and immovable ;and

re) all mo;;eys rccived by the Authority by way clfrenisand prflfitq or in any dther manner or fioin any other source. '

cz)

r;x;rmdii~it.eincurred in thc ism~ionofthis Act:

fb) cost of aciyisitio~of lmd for purposes ofthisAct; (c) expenditure for development ofland;and

{dj ex~~~dinrre.forsuchr~~i~er~~urpli~cs;isii~cf~at~C;~~~r;t~~~zi~: may rli~ector pennit. b

(3) TheAuthority shaii keep its funds in any Scheduled Bank.

I?) TneAutborily n~ayinmiany poriiun ofis f w d insuch securities or in such othei manner asmay be prescribed. ( 5 ) 'l%eincomeresdtit ~ from g invesmentsm t i n in sub-swtioh(4) 3nd prxeeds of the ca!?. ef !he SB-e shdl be credircd to ihe h11JoC ilie Autholity 22. ~ e S t a t e G ~ ~ e ~ e n t m a y ~ ~ l a k ~ s ~ ~ b g r a n t s , ~ d ~ ~ aPOWCI n c eofSiatr sandloans to the Authority, as the St'ate Govemmcnt may deem necessarj, for the Govcrunlcct to grmts? performance of the functions under h i s Act and all grants, loans and advances advances and so made shall be on such toms and mnditions, as the S m e Govcmmentmay 62k;IT;G?.

Az:h:n-it,:t.

23,' ( I ) TheAuthority may, fi-orntime totime,borrow money by way of Power to loans or debentures from such sources,other than the Stat= Government, and Authority Lu borruw or on such and conditions, as may beprescribed. advance money.

URBAN DEVELOPMENT AUTKORITY

11977 : Haryana Act 13

(2) ,TheAuthority may advance money for residentiai, industrial or commercial purposes on such and conditions as may be prescnhed. p.iMiriY ~ , f ?fi>mcntt a r inrcrest and repayment of

24.- A11 p~yne!l?s due !he d?!!hpi?: TC ?C'COLL?! ~f ir?tcr~cf !c3nc, the repayment o f loans shall be made in priurity to aH other &L'S Tram the ~uthorilij. 0th

loans.

Sudget.

25. '1'11sAuthority sliall p!*cya-ei11 wcli fum, a d sii sticll ti1 t t r rvei-y year, as may he prescribed, a budget, in rcspcct of the financial year next cii~liiiig~ h ~ ~ i iiic i l g&irlalcd , i ~ e i p iand s zxpenriiiurt: iiTil~skuiiiciriiymcl shill1 funvard io the State Guvenmieili such ilulllber of copies ii~crcof,as may

be prescribed. Accounrs and

audit.

26. (1) The Authority ski!! n?2h,rlt.k pmpk .rr@w-tsm d other re!c17m.t records and prepare an annual statement of s including ihc balance sheet in such form, as may be prescribed.

(2) The s ofrhe Authority shal I be subject to audit amsually by iiieAki;uurlix:tGer~mdiuCihl: SiiiizGove~mmr:~i: m i i a ~ yexpeniiiru~tint:uixci by him in connection with such audit shall be payable by theAuthority to the anr General. -

I

(3) The ant General or any person appointed by hirn in connection with the audit of s of the Authority shall have the same righk privilege and authority in connection with such audit as the ant General has in connection \r!id~thc audit of the Goven~ment.4ccotmts,and in particuIar shall have the right to demand the production of books, s co=cc:cd vouchcrs and othcr documents &id pzpers. (4) Thes of theAuthoriw as cedf~ed by theant Geneml or any o t k r p:scr. appointed by him in this behalf together with the azdit report thercon shall be fonvarded annually to the State Government. Annual Report.

27. The Authority shall prepare, for everyyear, a report on its activities during thzt year and submit the report ro thc State Government i~ s ~hcfom, and on or before such date, as may be prescribed. I

Provident Fund.

28. The Authority shall constitute, for the benefit o f its whole time paid and ofits o f f c e : and ~ other employees in such manner and subject to such conditions,as may bepracrikd, such provident fund as it may deem fit.

1977 : Haryana Act 131

URBAN UFVEL.OP~IEMT AUTHORITY

RELATIONS BETWEEN THE GOVERNMENT, THEAUTHORTTYAM)THE LCICAIL*4UTHORITIES,ETC. 29. Were my area has becn developed by the Authority, the Authority may enbust the local authority ' [dischgmg municipal functions,] within whose local limits the area so developed is situated, with the responsibility for the maintenance of thc amenities which have been provided in the area by the Authority and for the provisions of the amenities which have not been provided by the Authority but which in its opinion should bc provided on and conditions agreed upon betv~eenthe Authority and the local authority, and where ouch and conditions cannot be agreed upon, on and conditions settled by tbe State Government in consultation with the local authority on a reference of the matter to the State Go~remmentby theAuthority. 30. (-1) 717c Authority shall carry out such directions as may be issued to it, from h e to time, by the StateGovernment for the ezcient istration of this Act. (2) The State Govemment may, at anytime either on its own nlotion or on application madeto it in ttus b e u call for the records ofany case disposed of, or order ed by the Authority for the purpose of satisfying itself as to the legalityor propriety or conechess of any order ed or direction issued and may such order or issue such direction in relation thereto as it thinks I3 Provided that the State Government shaIl not an order adversely affectingany person without affording such person a r opportumty ~ of being heard.

(3) The State Governmentmay depute any officerto inspect or examine the office of the Authority, or its development works and to report thereon and the officer so deputed may, for the purposes of such inspection or examination, caII for'

(a) any exbact from any proceedings of thc Authority or any committee constituted under this Act, reccrd, correspondence, plan or other documents; @)

any return,estimates, statement of s or statistics ;

=pofi, and theAuthorityshal1furnish ;lie same. (c)

1.

lnserted by H.A. 26-of1984 and shall be deemed to have come into force with effect from thc 2nd May, 1977.

Power o f

Authority lo require local authority to

assume responsibility for amenities in certain cascs.

Control by Siate Government.

h6 Returns and infomution.

URBAN DEVELOPMENT A U T H O R I n

[ 1977 :Haryana Act 13

31. The Authority shall furnish to the Sgte Government such reports, returns, record and other information as the State Government may, from time to time, require.

32. (1) Notwithstanding anything contained in any other law for the time being in force, where the State Government considers it expedient, it tra&fcr powers may, in the prescribed manner, suspend any of the powers of local authority 9f Municipal relating to the control on development aad use of lands and buildings under Committees, the Haryana Municipal Act, 1973, the Punjab Gram Panchayat Act, 1952, Panchayats, Panchayat the Punjab Panchayat Samitis Act, 1 96 1, the Punjab Town Improvement Samitis, Act, 1922, or the Faridabad Complex (Developmentand Regulation) Act, hprovcmcnt 197 1, and transfer such powers to the Authority. Power of State

Government to

Trust and

Faridabad Complex istration to Authority.

(2) Where such powers are transferred to the Authority, the Authority shall be deemed to be the local authority concerned, the Chefis~ator shall be deemed to be the committee of the municipality or the Sarpanch of the GramPanchayator the Chairman of the Panchayat Samiti or the Chairman ofthe Tmprovcmrmt Trust or the Chiefisbtorof the Faridabad Complex istration, as the case m y be, and the E.stateOfEcer shall be deemed to be the ExecutiveAuthoritythereof,and theAuthority shall strictly exercise the powers msferred to it under sub-section (1 ) within the area under the territorial jurisdiction of the 1ocal authority concerned.

CHAPTER VIT INSPECTION AND PENALT1ES Power of eni'ry.

33. Tbe Authority may authorise any person to-enterinto or upon any 01- building other than ihe land or building owned by thc CentarI Government with or without assistantsor workmen for the purpose ofland

(a) making anyenquiry, inspection,rnmamnent or w e y or taking levels ofsuch land or building; (h) exmining works under construction and ascertaining the come of sewers and drains; (c)

diggi~gor boring into the sub-soil;

(d) setting out boundaries and intendd lines of work;

(el marking levels, hundariesand lines by placing marks and cutting trenches;

fl

doing any other thing necessary for the efficient istration ofthis Act:

1977 :Haryana Act 13 1

CIRHAN t3EVELOPMENT AU'I?-IORITY

Providcd that(i)

tlo such e n b y shal I be made except between the hours o f

surlrise and sunsct m d without giving reasonable notice ro the occupier, or if there be no occupier. to the owner o f the land or building;

(ii) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land or building;

(iii) due regard shall always be had, so far as maybe compatible with the exigenciesof the purpose for which the entry is made, to the social and re1igious ususges ofthe occupants ofthe land or building entered.

34. Any person who obstructs the entry of a person authorised under Penalties. scction 33 to enter into or upon any land orbuilding other than the land or building owned by the Central Government or molests such persons after such entry shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand mpces,or with both.

\' 'I

35. (1) Ifthe person committing an oEmceunder this Act is a company, Oficnces by every person, who, at the time the offence was committed was in chargc of companiesand was responsiblc to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence &d shall be liable to he prncecded against and punished accordingly:

-

j

Provided that nothing containedin this sub-sccti~nshall render any such person liable to anypunishment provided under this Act, if b e p r o v ~that the offcnce was committed without his knowledge or that he exercised all due djligencc to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (I), where an offence under tltisAct has been co~nmittedbyacompanyand it is proved that the offencc has been committed with the consent or connivance of, or is attributable to any ncglect on the part of any director, manager, secretary or other ~ B c c rsuch , director, msnager, secretaryor other officershall be deemed to be guilty ofthat offenceand shall be Iiable to be proceeded against and punished accordingly. Explanation.-For the purpose of this section(a) "company" means a body corporare amd includes a finn or

other association of individ-is;and

68

1 1977 :Haryana Act 13

URBAN DEVELOPMENT AUTHORITY

(3) "director"in relation to a fmm means a partner in the firm. Fines when rcaliscd to be paid to Authority.

36. All finesmliscd in connection with prosecutions undcr thisAc t shall be paid to the Authority.

Composition of offences.

37. (1) Any offence made punishable under this Act may, either before or after the institution ofprocedngs, be compounded by theAuthority or by any person autborised by the Authority in this behalf. (2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.

u

MISCELLANEOUS Chargc for exlensionof amenitics.

38. Where, in the opinion of the State Government, it is necessary that ! ~~eamenitiesprovidedbytheAuthorityinm~mareashouldbeextcnded ! to any land or building situated within the said area or within such distance r from the said area it may deem expedient,such amenitiesshall be extended to such land or building and the owner of such land or building sh!l be liablc to I pay to the .4uthority, in the manner prescribed, such developmentcharges therefor, as may be fixed by the State Government having regard to the expenses to be incurred for providing such amenities and the benefits to bc extended to the land or building.

Mcmbers, officer

3 9 , All ,oflicers and other employees of the Authorityshall be deemedt0be~ublicservantswithintherneaningofsection21ofthchdian Penal code, 1860.

employees to be pubiic

scrvants.

Jurisdiction of courts. Sanc:ion for Prosecution-

S c r v i c ~of notice, ttc.

40. No court infenor to that of a Magstrate of the first class shall try an

offence punishableunder thisAct. 41. No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Authority or any officer authorised by the Authority. 42. (1 ) All notices, all orders and othmdocurnents required by tllis Acl or any rule or regulation made thereunder to be served upon m y person shalI, save as othenvise provided in this Act or such rule or regulation, be deemed to be duly served-

8

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I

1

t 977 :Haryana Act 131

(a)

URUAN DEVELOPMENT AUT~IORIT'~'

where the person to be served is a company, if the document is addressed to the Secretaryof the said conipany, at its ed ofice or at its principal ofice or place ofbusiness and is either-(i) sentbyreg7steredpost;'or (ii) delivered at the registcred office or at the principal office or place of business of the said company;

(b) where the person to be served is a partnership firm, if the document is a d b e dto the said partnershipfirm, at its principal place of business, identifying it by the name or style under . which its business is carried on and is either -

(i)

sent by ed post;or

(ii) delivered at the said place of business; (c)

where the person to be served is a public body, or a corporation' or society or other body, if the document is addresskd to the Secrctary, Treasurer or other head of ofice of that body, corporation or society, as its principal ofice and is cither(i) sent by ed post; or (ii) delivered at the said office;

(d) in any other case, if the document is addressed to the person to be served and -

(13 is given or tendered to him ;or (ii) i s sent by regstered post to the person; or (iii) if such person cannot be found, is affixcd on some conspicuous part of his last known place of residence or .business,if within anurban area or is given or tendered to some adult member ofhis family or is affixed on some conspicuous part ofthe land or building to which it relates.

,

(2) 'hy document which is required or authorised to be served on the owner or occupicr of any land or building may be addressed 'we owne?' or "thcoccupier",asthecasemaybe,ofthatlandorbuiIding(nmingthatland or building) without hrther name or description, and shall be deemed to be duly servcd(a) if the document so addressed is sent t o b e delivered in

accordance with clause (b) of sub-section (1) ;or

URBAN DEVEL.C)PMF.NT ALITIIORITY

[ 1977 : Haryana Act 13

(h) if the document so addressed. or a copy therco f so addressed, is delivered to any person on thc land or building or wherc there i s no person on the land orbuilding to whom it can be

delivered is affixed to some conspicuous part of the land or building.

;

(3) Where a document is served on a partnership firm in accordance with this section,the document shall be deemed to be served on each partner. (4) For the purpose of enabling anydocument to be served on the owncr of any property, the Secretarymay,by notice in writing, require the occupier, if any, ofthe property to state the name and address of the owner thereof.

(5) Where the person on whom a document is t9 be served is a minor, the senice u p n his guardian oranyadultmembex of his farnilyshallbe deemed to be service upon the minor.

i3platiuiion.-A servantisnot a member ofthe family within the meaning of this section. Notices, erc, to fixrcasonable

me.

Authentica~ion.

44. All permissioils, orders, decisions, notices and other documents of theAuthorityshal1be authenticatedby the signatures of the Secretary or any other officer authorised by the Authority in this behalf.

~Modcof proof

35. A copy of any receipt, application, plarl, nolice, e t ~ l r yin a , or other document, iri the possession of the Authority, if duly certifiedby the legal keeperthereof, or otherperson authorised by the Authority in this behalf,

of records of Authority.

i

I

43. Where any noticc, order or other docurncnt issued or made under rhisActormyruleorregulationmadcthcreunderrequiresanythingtobe done for the doing of which no time is fixed in this Act or the rule or regulation, the notice, ordcr or other document shall specie a reasonable time for doing the same.

T

shall be received as prima-facie evidence of the existence of the document and shall be itted as evidence of the matters and transactions thcrein recqrdd 111 cvery case, where, and to the same extent as, theoriginal docurnent would, ifproduced, have been issible to prove such matters. 46. No member, officer or other employee of theAuthority shall, in any IegaI procwimgs to which theAuthority is not a party, be required, to produce membcrs, any or dccument the contcnts of which can be proved under the officcrs and prcceding section by a certified copy or to appcar as a witness to prove the other employees matters and transactions recorded therein, unless by ordcr of thc court made of for special cause. Kestriction on summoning of

I

1977 : Haryana Act 131

I

71

U ~ A DEVELOPMEN-IN A U I HORI-I'Y

47. No suit, prosecurion or otl~erlegal proceedings shall lie against any Protcctinn of person for anything which is in good faith clnneor intcl~dedto be dom under aclion tab in good faith. this .Act or any rule or regulation nladc thereunder. 45. It shall be the duty of every police oficcr-

(0

Rc1ario11uf Authority n~j~li

to commu~iicate\rlithout delay to the proper office or the PQliec, employee of the Auth0rity.m~ infonnatjon which he receives of a design to conunit or of the commission of any offence agaimt

this Act or any rule or tcgulation mad^ thereunder ;and

(ii) to assist the member or any officer or other employee of the Authority in the lawful excrcise of any power vesting in such

mcmber, officer or other employee under this Act or any rulc or regulation made thereunder. 49. (1) Apolicc officer, not below the rank ofsub-inspectar, shall arrest M e s t of mypersonwhocornmits,inhisview,myoffence~ainstthisActormyruleoffenders. made thmeunder, ifthe name and address of such person be u h o w n to him and if such persor., on demand, declines to give his name and address, or gves sucb name or address which such officerhas reason to believc to bc '

-7

false.

I

(2) The pirson so arrested shall, withour unavoidable&lay, be p d u c e d before theMagistrate authorised to try the offence for which the arrest has been made, and no person, so arrested, shall be detained in custody for a pcriod exceedingtwenty-four horn without an orderfromthe above mcntiolied Magistrate. 50. (1) Save as othenvise expresslyprovided in this Act, every order Finality of ed or direction issued by the State G o v ~ r m ~ ~ore norder t ed or notice ordcrs and bar

issuedbytheAu~orityoritsofficerunderthisActsballbehnalmdshallnotOf~u'isdictiOn of civil courts. be questioned in any suit or ather legal proceedings. (2) No civil cuurl shall have jurisdiction to entertain any suit or proceedings inrespect of any matter the cognizance of which can be taken and disposcd of by any authunty empowered by this Act or the rules or .

-

regulatiorls made thereunder. i

51. (1) The Authori~may, by resolution, autliorise that any power Power to exercisable by it under this Act or therules or regulations made thereunder, delegateexcept the power to make regulations,may also be exercised by such oficers of the Authori ty or State Government or local authoriry,as may be m c~tioncd therein, in such cases and subject to such conditiom,if any, as may be specified tl1efein.

URBAN DEVELOPMENT AUTHORITY

I

1977 : Haryana Act 13

(2) The State Govermcnt, may, by notification, direct that any power exercisable-byit under this Act, except the power to make rules, may also be exercised by such officer as may be mentioned therein, in such cases and s~lbjtctto such conditions, if any, as may be specified thcrein. (3) The Director may, by notification, dircct that any power exercisable by him undcr this Act may also be exercised by such otXicer as may be mentioned therein, in such cases and subjectto such conditicns, ifany, as may.

bc specified therein.

T h e State Government may, by notification,dbwt that anypower exercisable by the Chiefundertbis Act may be exercised by [(4)

such other officer of the Authority as may be mentioned therem, in such cases and subject to such conditions, ifany, as may be specified therein.] 52. (1) If,in the opinion of the State Govemment, %eAuthorityis not OrWPersoQ competenttoexerciseorperformorneglectsorfaiIstoexerciscorperforrn 'ppointed by anyp w e r conferred or duty imposed upon it by may exercise power or perform of this Act, the State Government or any person appointed in tbis bchalf by duty conferred State Government may exercise such power or perform such duty. imposed on (2) Any expenses incurred by the State Govemmcnt or by such person Authurity. in exercising suchpoivef orperformingsuch duty shall be paid out of the fund of thc Authority, and if the Authority, fails to pay the expenses, then the State Stale Govcmrnenc

Puwer to make

rules.

iI

I

r

Governmentmay make an order directing any person who, for the time being, has custody of such fund to pay such expenses from such fund, and such person shall be bound to obey such order. 53. (1) The State Government may, by notification,make rulcs for carrying out the purposes of this Act. (2) Inparticular, and without prejudice to the generabty of the foregoing power, such rules may provide for all or any of the following matters,

namely :-

(a) the and conditions of service of the under subsection (1) of section 4;

(6) the appointmentof committeesunder section 8; (c)

the manner and purposes for associating persons under section 9;

(d) ,thecontrol and restriction i nrelation to appointment of officers and other employees under sub-section (1) of section 1 I; 1.

Inserted by Haryana Act 4 of 1979.

.

1977 :Haryana Act 13;

URBAN DEVELOPMEKT AUTHORITY

e ) the form and manner in which an appeal maybe filedunder sub-scction ( 5 ) of section 1 7;

fl

themanner of serving notice under sub-section (1) of section 1 and under section 19;

g

the maruler in whch the damagcs may be acsessed under section 19;

(I?) theinvesmentoffundundecsub-section(4)afscction21;

(i)

the procedure tr?be followed for borrowing money by way of loans or debentures and their repayment and the and conditionsfor advancingmoneyunder setion 23;

(ii) the form of the budget of the Authority and the manner of preparing the sarnc under section 25;

(k) the form of balance sheet and statement of under subsection (1) ofseclion26; (I) the form ofthe annual report and the date on or before which it shall be submitted to the State Govenunent under section 27; (m) themannerandconstitution oftheprovidentfundforwhdetime paid and officers and other employees of the . Authority and the conditionssubject to which such,fundrnaybe constitutedunder section 28; and

(n) any other matter which has to be, or may be, prescribed by

I

rules. (3) Every rule madt: under this section shall be laid as soon as may be after it is made &fore the House of State h$slature while it is in session for . a totai period offoultcn days which may be comprised in one session or in two or more successive sessions, and if, before the expiry ofthe session in wbich it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule 01- the 1Tousc agccs that the rules s h d d not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may bt, so however, that anysuch modification or annulmentshall be without prejudice to the validity ofanythingpreviously done under that rule. 54. The Authority may, with the previous approval of the State Powcrt~make Govemmetlt, make repiations consistent with this Act and thc rules made resulaiionsthereunder to carry out the purposes of this Act m d without prejudice io the gcnemliv ofthis power such regulations mayprovidc for-

WRBAN DEVELOPMENT A U ~ I O R I T Y

1 1977 :Haryana Act 13

(a) the summoning or holding of the mcctings of the Authority, the time and place where such mectings arc tn bc held and the

conduct of business at such meetings; (bl the powers and duties ofthe officers and other employees of the Authority, (c) the salaries, allowances and conditions ofservice of officers and other empIoyees of the Authority; (d) the erection of buil dings ; (e) the and conditions on which transfer of any right,title and interest in any land or building may be permitted; # the management of the propeAzs of the Authority; and ( . any other matter which has to be, or may be, determined by regulations. Penalty for 55. Except as otherwise provided for in this Act, any conmvention of breach of rules any of the rules or regulationsmade thereunder s h d l be punishable wirh,fme and rcgulatioris. which may extend to five-hundredrupees, and in the case of a continuing contravention,with an aational h e , which may extend to fiftyrupees, for each dayduringwhich suchcontravention continues after the first conviction; and the court, while ing any sentence on convictionof any person or the contravention of any mle or regulation, may direct that any property or part thereof, in respect of which therule or regulation has been contravened, shalI be folfeted to theAuthority: '[Provided that if a building is begun, erected or re-erected in conhavention of any of the building mgdations, the Chief shaIL be corupeteat to require the building to be altercd or demolished,by a w~itten notice delivered to the omer theroof, within six months of ik havingbegun or having beencompleted, as the case maybe. Such notice shall also specify the period during which such alteration or demolition 11asto be completed and if the notice is not compliedwith, the Chief shall be competent to demolish the said building at the expense of the owner :I Provided fiutber that the Chief may, instead of requiring the alteration or demolition of any such building, accept by way of composition. such sum as he may decm reasonable.] Exemption 56. Nothing in this Ac t shall apply to the operationa1constructions. Dissolution of 57. (1) Where the State Government is satisfied that the purposes for which the Authority is constituted under this Act, have been substantialiy achieved so as to render the continued existence of the Authority in the opinion

1 I

'

1.

Added by Haryana Ac14vf 1979.

,

1

1977 :Waryana Act 131

URBAN DEVI~LOPMENTAUTHORITY

of the State Government unnecessary, the State Government may, by notification, declare that theAuthoritysha!l be dissol\wlwith effect ffom such dat,: as may be specifiedin the notification; and the Authority shall be dce~ned to be dissolved accordingly. (2) Emrn the date specified under sub-section (1)(3)

all propemes, fund7 and dues which are vested in,or realisable by the Authority, shall vest in, or be realisable by, the State Government ;

6

all liabilities which are c n f o ~ b lagainst e theAuthody shall be

enforceable against the State Government ;and c

forthurposcofcarryingoutanydevelop~nentwhichhasnot been fully carricd out by the Authority and for the purpose or realising properties, funds and dues referred to in clause (a), the function of the Authority shall be discharged by thc State Govmmt.

'I'

!

58. ( 1) As h r nthe date of the constitution of theAuthority, the Punjab Repeal and Urban Estates @evelopmentand Regulation)Act, 1964, in its application to savings. thc State ofHaryana, shall stand rcaled. (a) anything done or any action taken including any r~otification, order, scheme, permission or rule made, granted or issusd under any provisions ofthe Punjab Urban Mates (Ilevelopmcnt and Regulation)Act, 1964, shall,so far as it is not inconsistent with the provisioos of this Act, continue in force and be deemcd to have been done or taken under the provisions of thisAct unlas and until it is supersededby anythingdone or any action taken

wder t h i s ~ c t ; (b) all propem, movable and irnmclvable and all interests of whatsocvcr nature and kind therein, vested i n fhe State Governmentunder the Punjab Urban Estates (Developmentand Regu1ation)Act. 1964, before the commencementofthis Act

shall vest in the Autboriv, ('c} ail debts, obf gations and liabilities incurred, all contractsentered ,into and all matters and tbhzs engaged to be done by, with or for the State Government, under the Punjab Urban Zstates (Developmei~tand Regulation) Act, 1964, before the

URBAN DEVELOPMENT A U T ~ I O K I ~

1 1977 : Haryana Act 13

commencement of this Act shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Authoriy ; (d: all taxes, fees and other sulns of money due to the State Governmentunder the Punjab Urbrul Estates (Development and Regulation)Act, 1964, immediately before the commencement of this Act shall be deemed to be due to the Authority ;and

re) all suits, prosecutions and other legal proceedings institutd or which might have been instituted by, for or against the State Govemment under the Punjab U&m Estates (Development ancl Regulation) Act, i964,may be contibued or instituted by, for or agamt the Authority.

'i(3) Notwithstanding anything contained in anj other law for the rime being in force,u

all property, movablc and immovable and all interests of whatsoever nature and kind therein vested in the State Government under the Punjab New Mandi Townships (Developmentand Regulation)Act, 1960,except Mandi portion of rhe Mandi Townships established by the Colonizaiion Department sball vest in the Authority;

!

I I

(b) anyttungdone or any action taken including any notification, order, scheme, permission or rule made, granted or issued under any provisions of the Punjab New Mandi Townships (Development and Regulation)Act, 1960, shall, so far as it is not inconsistentwith the provisions of tiisAct, co~tii~ue in force and be deemed to have been done or taken under the provisions afthisActunIessandunti1 it is supersededbyanythvlgdoneor any action taken under this Act; (c)

all debts, obligations and liabilities incumxi, all conmcts entelcd into and all matters and things engaged to be done by, with or for the State Government, under the Punjab New Mandi Townships (Development and Regulation )Act, 1960,shall bc deemed to have been incurred, entered into or engaged to be

done by, with or for the Authority; (d) all taxes, fees and other sums of money due to the State Government under the Punjab New Mandi Townships 1.

Itlsertcd by Haryana Act '9of 1988.

I

1977; Havana Act 131

UWAR IIEVELOPMENT AUTHORITY

(Deve1oprner.t and Reg~lation)Act, 1960, shall be deemed to bedue to theAutllority; (e)

all suits, prosecutio~~s and othcr legal proceedings instituted or which might have been instituted by, or against the State Government under the Punj ab Kew Mandi ?bwriships (Developmcnt and Regulation)Ac5 1 960, and the CoIonization of Government Lands (Purljab) Acf 19 12, may be continued or instituted by- for or against the ?I,uthority.j

59. Ifany dificultyxises in giving effectto the provisions ofthis Act, the

Rcmovnl of

S~reGovemmentmay,bynotificdorrler,notinconsistentwiththeprovisions djficl~lty. ofthisAc5 rernovc the difficulty.

60. ( I ) The Haryana Urban Development Authority Ordinance, 1977 Repca] and savings. (Haryana Ordinance No. I of I 977), is hereby repealed.

(2) Notwithstandh~gsuchrepeal, anything done orany action taken under the said Ordinance shall be deemed to I~avcbeen done or taken undcr this Act as if this Act, had come into force on the 10th day of January, 1977.

.-.

'[CHAPTER IX

CONSTITUTION OF LOCALDEVELOPMENTA ~ O R I T I E S 61. Jn this Chapter, unless t h e context otherwiserequires,-

Estate Officer of the Local DeveIoprnentAuthority appointed by the Government ;

(a) "Estate Officer" means the

(i5)

"local development mi' meam the area declared as such under sub-wction (1) of section 62 ;

(c)

"LocalDeveIopmentAuthorityl'm a !the Lo& Development Authority constituted under sub-section (3) of section 62 ;

(dl

"mastcr plan" means a plan including a development plan approved by the Governmentunder thisAct or under any other Act in force in the State of Haryana ;

(e) "Secretary1'means thc Secretary of the Local Development Authority ;

(0 "Vice-Chairman" means [he Vice-Chairman a f the Local UevelopmentAuthoritywho shall also be the Chefishtor

thereto.

Defmitions.

78

URBAN DEVELOPMENT AUTIIOIUTY

Declarationof Local Dcvdop-

men1 area.

1 1977 : Haryana Act 13

62.(1) Kin the opinion of the Statc Government any area within the State requires integrated planned development, it may, by notification, declare such area to be local development area and such area shall include the area within a town or local authorityincluding a municipal committee or Faridabad Complex istratioc, the controlled area dcclared under the Punjab Scheduled Roads and Coctrolled Areas Restriction of Unrcgutated Development Act, 1963 (Act 41 of 1963) and the Faridabad Complex isbation Act, 1971(Act 42 of 197 I), or any other area which in the opinion ofthe State Government is likely to be developed. (2) Thc State Government may, by notification in the Oficial Gazctte, constitute for the purposes of this Act an Authority to be called Local Development Authority for any development area declaredunder sub-section (1).

..

Constitution ofthe "Vclopmcnt Authority.

(3) The Local DevelopmentAuthority shall be a body corporate, having perpetual succession and a common seal with power to acquire, hold and dispose ofproper&, movabIe and immovable and to contract and shall by the said name sue and be sued.

63. (1) The Local Development Authority in respect of any local developmentarea declared for development under sub-section(1 ) of section 62 shall consist ofthe following :-

(a) Chairman of the Haryana Urban Development Authority shall be the Chairman of Local Development Authori ty; (b)

A whole-time Vice-chairman not below the rank of Commissioner, to be appointed by the Govemmcnt ;

(c)

The Secretary to the Government, Haryana, in the Town and CountryPlanning Deparfrnent,ex-officio;

'(dl The Secretary to the Government, Haryana, in the Local Government Department, ex-officio ;

..

+

.

(e)

The Secretary to the Government, Haryma, in the Finance Department, cx-officio ;

0

The Director,Town andCountryPlanning Department,Haryana, ex-oficio;

( , The Chicf , Haryana Urban Development

Authortity, ex-officio;

(11) Chairman of the Hamyna State ElectricityBoard or his nominee;

:

1977 :Haryana Act 13j

U K U A N DEVELOPMENT AUTHORITY

Deputy Commissioner of the district in which the local development area is situatcd ;

0) Chief Executive Officcr of the municipal conmittee and in the case

of Faridabad Complex istration, Chief

, cxufficio; (k) Not more than thee other , one of them having experience in enpeering, toun planningor architecture, as may be nominated by the Guvemment.

(2) A member referrcd to in clause (c), clause (d), dause (e), of subsection (I) rnay instcad of attending a meeting of the Local Development Authortity, himself, depute at1 oEcer, notbelow the rank ofDeputy Secreiwy in the department, and not below the rank ofChief Town Planner and ismtor, Haryana Urban Development Authority, in casc of a member referred to in clause (f) and clause respectively. The officers so deputed shall have the right to take part in the proceedings of the meeting and aIso have the right to vote respectively.

(a,

64. (1 ) The tern of ofice and conditions of senice of the shaII T e r n ofofice and conditions be such as may be prescribed. of scrvice of

(2) TheViceChairrnarlshaUhentitledtoreceive from thefundofthe mcmbe~. Local Development Authority such salary and allowances, as may be prescribed.

(3) A rner~~ber may bc paid from the fund of the Local DeveIoprnent Authority such allowances, if any, as may be prescribed.

( 5 ) A nominatedmber myresip his officebygiving notice in writing Government and, on such resignation bejng accepted by the Government, he shall cease to be amember. to the

65. The Govenunei~tmay remove fiom o a c e any member,(i)

Powcr to Y E ~ O V C .

who, wilhdutd c i e n t e x c w i n the opinion ofthe ~ovcmhent bas abscnted himself for more than four consecutive meetings of the b c a l Development Authority ;

(ii) whohas,h~eopinionoftbeGovemmmtsoabusedbpsitiort as a member as t;n render; his continuance on the Local DevelopmentAuthority demirnental to its interest.

80

URBAN DEVELOPMENT AUTHORITY

I 1977 : Haryana Act 13

Filling of \-acancics.

66. Upon occurrence of any vacancy in the ofice of a member, another member shall be appointed.

.Meetings.

67. ( 1) The local Development Authority shall meet at such rimes and places and subject to the provisions of sub-sections (2) and (31, obsenle such rules of procedure in regard to the transaction of its business at such meeting, as may be provided by rep1ations.

1

(2) At every meetingofthe Local DevelopmentAuthority, the Chairman, if present, or in his absence, the Vice-chairman and if there be no Chairman or Vice-chairman present, then any one of its membcrs, whom the present may elect, shall preside. (3) All questions at a meeting of the h a 1DevelopmentAuthority shill be decidcd by a majority of votes of the present and voting and in the case of quality of votes, the member presiding shaII have a second or

casting vote. (4) Minutes shall be kept ofthe ndmes of the present and of the proceedings at each meeting in a book to be kept for the purpose, which shall be signed at the next ensuing meeting by the member presiding at such meeting and shall be open to inspection by any member during officehours.

(5) For the transaction of business at a meeting of the Local Development Authority, the quorum shall be one-third of :he number of actuaHy serving for thc time being but shall not, in any case, be less than four. Appoinhncnt of 68. Subject tc any rules made in this behalf, the Local Development CommiNeesAuthority may, from time to time, appoint one or more committees for the

purpose of securing the eficient discharge of the functions of the Locai Development Authorityand in pdcu1a.rfor the purpose of ensuringthe egcient maintenance o fpublic amenities and devclopmcnt projects. Tcqorary

association of persons.

Validation of acts and

procccdings

69. (1) TheLocd~evelo~ment~utho~ty~rm~co&itteea~~inted under section 68 may associate with itself in such marker and for such purposes, as may be prescribed, any person whose assistance or advice it may require in performing any of tts functionsunder hs Chapter. \ (2) Any person associated under subsection (1) for any purpose shall have the right to take pm in the discussionof the Imal DevelopmentAuthority relevant to that purpose but shall not hakte a right to vote at a meeting. 70. No act done or proceedings taken under this Chapter shall be questioned an the ground merely of- - . . ,

1977 :Haryana Act 131 (i)

URBAN DEVELOPMENT AUTIIORITY

theexistcnceofanyvacanc~~in,ormydefect intheconstihition ofthe Local Development Authority;

(ii) any person, associated under section 69 having voted in contravention ofthc provisions ofthis Chapter in t h s behalc (iio the failure to serve a notice on any person where no substantial injustice has resulted fiom such failure; (iv) any omission, defect or irregularitynot affecting the merits of

the case. 71. (1) The State Government may appoint six suitable officers Staff. respectively as he Chicflown Planner, Cbief Engneer, Controller of Finance, Secretary, Estate Off~cerand Manager Estate of the Local Development Authority from Haryana Urban Development Authority or concerned department of State Government, who shall exercise such powers and perform such duties, as may be prescribed by regulations or delegated to them by Local DevelopmentAuthority or its Vice-Chainman.

.. 1

(2 j Subject to such control and restrictions, as may be prescribed, the Local ~ e v e l o ~ m e~nutt h o r i t ymay appoint fiom the cadre of the employees of the Haryana Urban Development Authority or on deputation from the departments of the State Government such number of oficen and other cinployees including experts fortechnical and legal work, as may be necessary for the eff~cicntperformance of its functions and may determine their desiglatians and grades.

(3) The officers and other employees of the Local Development Authority shall be entitled to receive fiom the fund of the Local Development Authority such salaries and allow*ances,as may be determined by regulations made in this behalf. (4) Tbe cxercise of any powers or discharge of any duties or functions

by arry oficer or other employ~shall be subject to such restrictions,conditions and hmitations, ifany, as may be laid down by thc Imai DevelopmentAuthority and shall also be subject to its consol and supervision.

-

u

( 5 ) The Local Development Authority shall not have any cadre of its own employees and the employees of the Local DevelopmentAuthority shall belong to a cadre of Haryana Urban DevelopmentAuthority. -

(6) No person who has, &ectly or hdirectiy, by himselfor through hs partner or agent, any share or interest in any contract by or on behalf of the Low1 Development Authority, or any employment under, by or on behalf of

U ~ A DEVELOPMENT N

AwHnwn

1 1977 : Haryana Act 13

the h c a l Development Authority othenvise than as an officer or employee thereof, shall become or remain an officer or employee of the Local ~ e v e l o ~ m e~nutt h o rty. i (7) Jt shall be lawful for the State Government or any officer authorized by it in this behalf to transfer any person holding any post in Maryana Urban Development Authority Service from one h c a l DevelopmentAuthority to another. Objcct of thc Local Development Authority.

i

72. The objects ofthe Local DevelopmentAuthority shall be to promote and secure the development of all or any of the areas Comprised in a local developtnent area according to plan, for that purpose the Local Development

Authority shall have the power to acquire by way of purchase, transfer, exchangc or gi A,hold, manage, plan, develop and mortgagc or otherwise dispose of land and other property, to carry out by itse:f or though any agency on its behalf, building, engineering,mining and other operations, to execute works in connection with supply ofwater, disposal ofsewerage, control of pollution and (my other scrvice and amenities and generallyto do anything, with the prior apprcrval, or on direction of the State Government, for canying out of the purpose ofthis Act :

Provided that save as provided in this Chapter nothing contained inthis Chapter shall be construed as authorizing the disregard by the Local ~evelo~rnent ~ u h o r i t of y any law for the time being in force. Mastcr Plan for the developmcnt area.

73. (1) The Local Development Authority shal I, as soon as may be, prepare a master plvl for the local dcvclopment area. (2) The masterplan sbalL(a) d e h e the various sectors into which the local developmentarea

maybe di.ded for the purposes of developmentand indicate the manner inwhich the land in each sector is proposed to be used (whether by the cmyicg out thereon of development or otherwise) the stage by which any such development shall be carried out ;and (b) serve as a basic pattern ofh n e work within which the sector development plans of the various sectors may be prepared. (3) The master plan may provide for any other matter which may be necessxy for the proper development of the local development area. 74. (1) Simultaneously,with the preparation of the master plan or as Scctor development plaus. soon asmay be thereafter, the Local Developme~t Authority shall proceed with the preparation ofa sector development plan for each of the sectors into

I I

3977 :Haryana Act 13)

V K D AN U E V ~ L O P ~ NAUTI~ORITY T

whch the local development area may bc divided. (2)A sec tor development plan may-

containasiteplmanduseplanforthedevelopmentofthesector and show the approximate locations and extents afIand use proposed in the sector for such things as public building and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open spaces and other categories ofpublic and private uses ; (6) specify the standards of population densityand building density; (u) showeveryareainthesectorwhichmay,htheopinionofthe Local DevelopmentAuthority, be required to bc dcclared for deveIopment or re-development ;and (d) in particuIar, contain provisions regarding all or any of the followingmatters,namely +(i) the division of any site inro plots for the erection of (a)

building (ii)the allotmentor reservation of land fbr roads, open spaca, gardens, recreation-grounds, schools, markets ad other

(iii)

(iv)

(v)

(vi)

{~ii) .

(viii)

(x)

public purposes ; the development of any area and the restrictions and conditions subject to which such development may be undertaken or carricd out ; the erection of building on any site and the &ctions and conditions in regard [utlie opzn spnccs to be maintained in or around buildings and height and character of buildmgs ; the alignment of buildings of any site ; the architecmaI features of the clevation or frontage of imy buildingto be rc-erected on any site ; the number of residential buildings which may be erected on plot or site ; the amenities to be provided in relation to any site or buildings on such site whether before or after the erection of buildings and the person or authorityby whom or at whose expense such amenities are to be provided ; the prohibitions or resbictions regardrng erection of shops, workshops, warehouses or factories or buildings of a

URBAN DEVELOPMENT AUT~IORITY

[ 1977 :Haryana Act I3

specified architectural feature or buildings designed for particuIar purposes in the locali cy ; (Y)

the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained ;

(xi) the restrictions regardingthe use of any site for purposes other than erection ofbuiIdings ;

(xid any other matter which is necessary for the proper development of the sector or any area thereof according to plan and for preventing buiIdings being erected haphazardly in such sector or area. Submission of plans to the State Govern-

lncnt for approval.

75. (1) In this section and in sections 76,77,80 ard 82 the word "p!anU means the mastrplan as well as the sector development plan for a sector.

(2) Every plan shall, as may be, after its preparation be submitted by the Local DevelopmentAuthority to the State Government in the Town and Country Planning Department for apyroval and the Government may ci ther approvethe plan without modificationor with such modifications as it may consider necessaryor reject the plan with directions to the h a 1 Devclopment

Authority to prepare a fresh plan according to such directions. Procedure to be foIlowed in thc preparation and approval of plan.

76. ( 1) Before prepaing any plan finally and submitting it to the State Government for approval, the Local Development Authority shaI1prepare a plan in draft and publish it by making a copy there ofavailablc for inspection and publishing a notice in such form and manner as may be prescribed by regulations made in that behalf inviting objections and suggestions fiom any person with respect to the draft plan before such date as may be specified in the notice. (2) The Local Development Authority shall also give reasonable opportunity to evwy local authoritywithin whose local l i i i t s the land touched by the plan is situated, to make any representation with respect to the p~an. (3)After considering all objections, suggestions md representations that may have been received by the Local DevelopmentAuthority, thc Local DeveIopmentAuthority shall finally prepare the plan and submit it to the State Government for its approval. (4) Subject to the foregoing provisions of this section the State Government may direct tbe Local Development Authority to furnish, s ~ c h information as the Government may q u i r e fdr the purpose of approving any plan submitted to it under this section.

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f 977 :Haryaoa Act I 3 J

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URBAN DEVELOPMENT P.WT~IORITY

85

77. lmrnediately after a plan has been approved by the State DatcofcolnGovernment, the authority shall publish in such manner as thc State mencemcnt of 5overnment may speci fy, a notice stating that a plan has been approved and plannaming a place where a copy of the plan may be inspected at all reasonable hours, and upon the date of first publication of the aforesaid notice the plan shall come into operation.

Nore.- The development plan prepared and approved by the Governen t under section 5 of the Punjab Scheduld Roads and Controlled Areas Resbiction of Unregulated DevelopmentAct, !963, a r u d e r section 29 of the Faridabad Complex (Regularion and Development)Act, 197 1, shall be deemed to be a master plan under section 73 for thc local devel~pmenrarea forming pan of the controlled area declared under the aforesaidActs and the same shall be integrated intc the masterplan ofthe local development area.

.I '

75. (1) Where in any local development area, any building occupied Maintenance wholly for residential purpose or partly for residential and partly for non- and improverasidential purposes abuts an merial road, the occupier of such building shall ment offacade of certain buildbc bound to repair, white-wash, colour-wash or paint the facade of such ings merial building at his own cost in accordancewith any bye-laws made in that behalf.

(2) Where the Local DevelopmentAuthority, with a view to ensuring symmetrywith any scheme or cther specification made in that bchaIfconsider it necessary or expedient so to do, or where any occupier fails to repair, white-wash, colour-wash or paint the fa~adeof any building in accordance withsub-section (l),itmay by orderrequirethatthe said work shall becmied out by the Local Development Authority itseif or under its direction and may accordingly, also require the occupier to pay the cost of such work to the Local Development Authority. (3) The cost of any work referred to in sub-section (2)shall be calculated on a 'no profit', 'no loss' basis, md in case of any disputc about the reasonableness of the atnount required to the deposited, the same shall be decided by the State Government and subject thereto the order of the'mcal DevelopmentAuthorityshll be h a l andshall not be called in question in any

Court. (4) In case ofnon-payment by an occupier of the whole or part of the cost of any work referred to in sub-section(21, it shall, on the certificate of the Vice-chairman, be recoverable from the occupier as arrears of land revenue.

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[ 1977 : Haryana Act 13

Exp1anatiotl.--In this section-

(a) the expression 'arterial road' sha11 have the meaning assigned to it in the bye- laws ;

I

(b) the expression 'occupier',in relation to a building, tneans the person UI actual occupation oruse of the building, and includes($ the owner (whichexpressionshall include an agent or trustee or areceiver, s e q u e ~ ~ tor o rmanager appcinted by a court, or a mortgagee with possession of the building) in occupation ; (ii) the tenant.who for the time being is paying or is Liable to pay rent in respect thereof to the owner ;

(ii) .

.

the rent-fiee guarantee or licensee thereof;

(iv) the person who is liable to pay to the owner damages for authorizeduse and occupation thereof.

i

!

79: (1)' The Local DevelopmentAuthority may make any amendment Amendment of plan. in the masterplan or the sector development plan as it thinksfit, which may in its opinion d6 not e f f ~irn&nt t alterationsin the characterof the plan and which do not relate to the extent of land uses or the standards of population density.

t I

I

(2) The State Government may make amendments in thc master plan or the sector development plan whether such amendments are of the nature specified in sub-section (I) or otherwise. (3) Before making any amendments in the plan, the Local Development ~uthohty, or as the case may be, the StateGovernment shall publish a notice in at least one newspaper having circulation in the local development area inviting objections and suggestions from any person with respect to the proposed amendment before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Local DevelopmentAuthority or thc State Government.

'(4) EveryamendmentmadeunderthissectionshallbepubIishedinsuch manner as the Lucal Development Authority or the State Government, as the case may be, may specify and the amendments shall come into operation either on the date of the first publication or on such other date as the Local Development Authority or the State Government as the case may bc, may fm.

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1977 ;Haryana Act 13)

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URBAN DEVELOPMENTALITIIORITY

(5j When the Local Development Authority makes any amendments in thc plan undersub-section (1) it shall report to the State Government the fihl oarticulars of such amendments within t h t y days of the date on which such amendments conlc into operation. ( 6 )Lf any question arises whether the amendments proposed to be made by the Local Development Authority are amcndtnents which affect important alterations in the character nf the plan or whether they relate to the extent of land uses or the standards of populationdensiry, it shall be referred to the Sute Government whose decisions thereon shall be final. (7)Any reference to the master plan or the sector development plan shall bc construed as a reference to themaster plan or the sector development plan as emended under this section. 80. ( I ) Afier the declaration of any area as local development area Development of under subsection O of section 62, no development of land shall be underlaken land in the local or carried out or continued in that area by any person or body (including a dcveloped area. departmentof Government) unless permission for such development has been obtain4 irl writing h r n the Vice-Chairmanin accordance with the provisions of this Chapter. ( 2 ) After the corning in'ro operation of any ofthe plans in any local development arca no development shall be undertaken or carried out or continued in thit itarea unless such development is in accordance with such plans. (3) Notwithstanding anything contained ~sub-sections II ( 1) and (21, the folIowing provisions shall apply in relation to development ofland by any deparbnentof any State Govcmmrr~tor the Central Government or any local

authority,(a) when any such department or local authori~yintends to carry out any development of 1and it shall inform the Vice-chairman in writing ot*its intention to do so, giving full particularsthereof including any plans and documents, at least 30 days before undertaking such developmen1 ;

(6) in the case ~f a department of any State Government or the Central Government,if the Vice-Chairman has nu objectionhc should inform such department ofthe same within three weeks from the date ofreceipt by it under clause (a) o fthe department's intention, and if the Vice-Chairman doesnot rnake anyobj&on within the said period the department shall be flee to carry out the proposed development ;

URBAN DEVELnPMENT AUTHORITY

I 1977 : Haryana Act 13

c ) where the Vice-Chainnan raises any objection to the proposed

devclopn~enton the ground that the development is not in conformity with any master plan or sector development plan prepared or intended to be prepared by it, or on any other ground, such r!epartment or the local authority, as the case may be, shall(i) eithcrmakenecessarymoriificationsin the proposal for development to meet the objecrion raised by the ViceChairman; or (ii) submit the proposals for development together with the objections raised by the Vice-Chairman ro the State Government for decision under clause (d); (dl the State Government, on receipt of propsals for development togetherwith the objections of the Vice-Chairman, may ei ther approve the proposal with or without modifications or direct the Department of the Iocal authority, as the case may he, to make such modificationsas proposd by the Govenment,and the decisions of the State Government shall be fmd; (e) the development of any land begun by my w ch Department or subjccf to the provisions ofsection 84 by anysuch I dauthority before the declaration referred to in sub-section (1) may be completed by that d e p m e n t or local authority in compIiance with the requirements of sub-sections (1) and (2). Application for 81. (1) Everyperson or body (other than any department of Government emissionor any Iocal authority) whose site is situated in any sector developedby Local Development Authority or in any Colony approved under any othcr Act of the State or for which permission of change of iand use bas.been gramtcd by the Government, desiring to: obtain the permission referred to in section 80 shall make an application iil writing to the Vice-chairman in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by bye-laws. (2) Every application under sub-section (1) shall bc accompanied by such fee as may be prescribed by rules. (3) On the receipt of an application for permission under sub-section (I), thekiceChairman after malung such enquiry as he considers necessary in relation to any matter specified in clause (d) of sub-section(2) of section

I Y

1

.

.

'

74orin~lationtomyotbermatter,shal!beorderinwritingeithergrantthe permission, subject ta such. conditions, if any, as may be specified in the order or refuse to grant such permission':

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1977 : H a v a n a Act 131

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7

URBAN

DEVELOPMENT AUTHORITY

Provided that such a permission will not entitle the person to change the use uf land unless rbe said permission has been granted by the State Government under sub-section ( I ) of section 82 of the site allattedkmsferred by the Local Develment Authority under section 84 : Provided hrther that before making an order refusing such permission, [he appllcan: shall be given a reasonable opportunity to show cause why the permission should not be refbsed : Provjded further that the Vice-Chairman may before, ing any order on such appIicationgive an opportunityto the applicantto make any correction therein or to supply any furtherparticulars of document or to make good any deficiency in the requisite fee with a view to bringing it inconformitywith the relevant rules or regulations or bye-laws. (4) Wherepermission is refused, the grounds ofsuchrehsal shall be recorded in writing and communicated to the applicant. ( 5 ) Any person aggrieved by an order under sub-section (4) may appeal to the Chairman against that order witbin thrrtydays fiom the communication thereof and may after giving an opportunity of hearing to the appellant and, if necessary, also to the represenbtive of the ViceChaimxan either di~missthe appeal or direct the Vice-chairman to grant the permission applied for with such modifications, or subject to such conbtions, if any,as may be speck6ed. (6j The Vi ce-Chairman shall keep in such form as maybe prescribed by regulations and of applications for permission under h s section. (7) The said shall contak7such particulars, including information as to the manner in which apptications forpermission havebeen dealt with, as may beprescriSed by regulations, and shall be available for inspation by any mcmber of the public at all reasonable hours on payment of such fee not exceeding rupees five as may be prescribed by rzgula tions. (8) Where pelmissior i is rehedunder this section, the applicant or any pcrson claiming through hin;shall not be entitled to get refund ofthe foepaid on the application forpermissionbut the V~ce-Cbaumamay, on mapplication for refund beingmade ~ i ttb hreemonths of the communications of the grounds of the refusal under sub-section (4) direct refund of such portion of the fee as he may deem proper in the circumstanr:es of the case. 62. (1) The permissionin thz sectordareas other than those specified in Permission or sub-section(1)ofsection 81 to an individual or aperson including XIassociation mfusal id rcsof or body o yof individuals whether incorporated or not may be granted by rhe pect of land and Governmenton such and co~ditionsand on payment of such fees and buildhe. conversion charges as may be prescribed :

URRAN DEVELOPMENT AUTHOR~TY

1 1977 : Aaryana Act 13

Provided that such a permission may not be granted for reasons to be recorded ifi writing if the Government is not satisfied with the nlerits of the case or i s not'in accordance with law. (2)After coming into operation of any of the plans in a scctor no person shall use or permit to be used any land or building in that sector otherwise than in conformity with such plan. Applicability of 83. The Haryana Development and Regulation of Urban Areas Act, Haryana Act 8 1975, shall continue to be applicable in the local development area which of 1975. shall be deemed to be the urban area as defined in clause (0)of section 2 of

the said Act and the powers underthe said Act shall continue to be exercised by the Director, Town and Courihy . planning,Haryana. .

Applicalion of certain existing provisions.

' 84. The provisioiisof sections 2, 14 to 27,32 to 34,36,37,39,40, 41; 44 to 52; 55, 56 and 3 9 shall apply mutatis mt~randisto the Local Devtlopment Authority constitutedunder sub-section(3) of section 62 and the 'Authority', 'Estate Officer' and '~hief~dministratar' shall mean 'Local Development Authority', 'Estate Officer', and 'Vice-Chahan' respectively for this purposc.

Transfer of assets, liabilities, powers etc. to Local

85. ( I ) As from the date of the constitution of a Local Development Authorityunder sub-section (3) of section 62, the powers and functions of Haryana Urban Developn~entAuthority shalI stand transferred to Loca.1 DevelopmentAuthorty in respect of the local development area for which it

Develupment Authority.

is constituted. (2) Notwithstandjngthe provisions of sub-section (I),(u} a~1y~1gdo~1eora1yaction~cnincludingmynotification, order, scheme, permission or rule made, granted or issued by the Governmentor the Haryana Urban DevelopmentAuthority ,

@)

.

shall, so far it is not inconsistent with the provisions of this Chapter, continue in force and be deemed to have been done or taken by the b a l DevelopmentAuthority unless and until it is superseded by anything done or any action taken under h s Chapter ; all property movable and immovable and a11 intcrests of whatsoever nature and kind therein vested in the Haryana Urban DevelopmentAuthority and situated in the ldcai development a r a before the constitution of the hcaJ'~eve1opment~~thority under sub-section (3) of section 62 skzl l vest in the Local Development Authority ;

1977 : Haryana Act 131

URBAK DEVELOPiMFNT AUTHOKITY

(d all debts. obligations and liabilities incurred, all contract$entered into and all matters and things engaged to be done by the Haryana Urban DevelopmentAuthority before the constitution of the Local Development Authority, sbal! be deemed to have been incurred, entcrcd into or engaged to be done by, with or for the h c a l Development Authority ;

(dl all fees and other sums of tnoney due to the Haryana Urban Development Authority immediatelybefore the constitution of the Local Development Authority shall be deemed to be due ta the Local DevelopmentAuthority ;

'

(e) all suits, prosecutions and other legal proceedings instituted or which might have bcen instituted by, for or against Haryana Urban Development Authority in respect of the local developmeilt area may be continued or instituted by, for or against tbe concernedLocal Development'Authority. (3) All land acqlrisition proc&g initiatedby the ~ o v e r m k non t bchalf ofT-IaryanaUrban Development Authority or otherwise in respect of local development area shall continue to be in force and shall be deemed to have been donc on behalf of and for the Local DevelopmentAutborityconcemed. 4 ) (a) From the date of the constimtion of c Local Development Authority for a local dcveloprnent arca, falling within the jurisdiction of Faridabad Co~nplexand the controlled area declared under the Faridabad Complex (Regulation and Development) Act, 197 1, the Chief,Taridahad Complex istration shall cease to exercise powers undcr the provisions ofsections 29 to 42 of the Faridabad Complex (Regulation and Development)Act, 1971, and the provisions under the afvresaid sections except sections 3 I , 32 and 42 shall be exercised by the Local Development Authority, and further, all acts done by the Chief , Faridabad Complex istration shall be deemed to have bcen done by the Vice-Cbairman of the Local Development ,diuthority (h) All development charges and othcr related sums of money in rcspcct ofthc local development area, duc from any perso11to the Faridabad Complex istration, shall be deemedto be due to t h e h c a l Development Authority. ( 5 ) h e d i a t c l y after the constitutionof a W DevelopmentAuthority, a mulicipal committee in local development area shall cease to exercise any

URBAN DEVELOPMENT A U T H O R 1 7

!I977 : Haryana Act 13

power under the provisons of sections 172 to 181, 184 to 1K6, 188, 193, 1 98,20 1 to 21 I and 218 to 220,of the Haryana Municipal Act, 1973, and the powers under the aforesaid sections shall be exercised by the Local Devclopment Authority ; and further, rhat all acts done by the municipal committee ID respect thereofshall be deemed to have bcen done by the ViccChainnan ofa Local DevelopmentAuthority. (6) The powers and functions vested with the Director, Town and Countq Planning under sections 7,10 and 1 1 of the Haryana Development andRegulation ofurban AreasAct, I975 (Act 8 of 1975) shall be exercised by the Vice-chairman of the Local Development Authority fiom thc date of itc constitution. Nore.-The urban area under section 2 ofthe said Act shall be deemed to be a loca! development area of the concemid Local Development Authority. (7) All the powers and functions of the Director, Town and Country Planning under sections 3,6,9,12,13,14, I5 and 16 of the Punjab Scheduled Roads and Controlledhas Restriction of Undegulated Development Act, 1963 (Act 41 of 1963) shall be exercised by the Mce-Chairman of the L.oca1 Development Authority horn the date of the constitution of the LocaI DeveIopment Authority in respect of its local development area.

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1977 : Haryana Act 131

LJIZBAN DEVELOP~IEW AUTIIOKITY ~'

tenns and conditions, as may be agreed upon behvee~~ the Government and the Local Development Authority.

87. (1)Any person who whether a t his own instance or at the instance C c ~ ~ a uthrlill of any other person or any body includirlg a department of Government pena1tic.s. undertakes or carries our developinent of any land in contravention ofthe master plan or scctor development plan or wi thout the penmission, approval or sanction referred to in section 80 or in colltravention of any condition subject to which such permission, approval or sanction has been granted, shall be punishable wit11 fine which may extend to ten thousand rupees, and in the casc of continuing offence, with further fine which may extend to five hundred rupees for every day during which such commission of the offcnce c o n h u t s aftcrconvictionfor the fimt commission of the offencc.

\' 1

(2) Any person who uses any land or building in contmvention of the provisions of section 82 or in contravention of any and conditions prescribed by regulation shall be punishable with fine which may extend to five thousand rupees and uithe c ~ ofea continuing offence, with krther fine which may extend to two hundred and fifty rupees for every day during which such cornmission of the offence continues after conviction for the first conlmission of the offence.

(3) Any pcrson who obstructs the entry of a person authorized by the Vice-Chairman to enter into or upon any land or building or molests such pcrson after such entq $hallbe punishable &th imprisonment for a t c m ~which may cx:tend to six months, or with fine which may extend to one thousand rupees, or with both.

88. (1) Where any development has been commenced or is being carried on or has been completed in contravention of the master plan or sector developrncni plan or without the permission, approval or sanctiun referred to in section SO or contravention of any conditions subject to which such

**.

permission, approval or sanction bas been granted,in relation to the local development area, then without prejudice to the provisions of section 86, the V i c e - C h a n or any officer of the Lmd Development Authority cmpwered by him in that behalf may make-an orderdirecting that such development shall be removed by demolition,filling or athewise by the ormer thereof or by the person at whose instance development has becn commenced or is being M e d out or has been completed, within such period not being less tban fifteen days and more than forty days from thc date on which a copy of the order of removal, with a brief statement of the reasons therefore,has been delivered

Otdcrofdcmolibon of

URBAN DEVELOPMENT A ~ J T H O R I ~

1 1977 :Haryana Act 13

to the owner or that person as may be specified in the order and on his failure to comply with the order, the Vicc-Chairmarl or such ofificer may remove or cause to be removed the development and the expenses of such removaI as certified by the Vice-Chairman or such officer shall be recoverabIe fionz the owner or the person at whose instance the development was cornrnencecl or was being carried out or was completed, as arrears of land revenue :

Provided that no such order shall bc made unless the owner or the person concerned has been given a reasonable opportunity to show cause why the order should not be made. (2) Any person aggrieved by an order under sub-section ( 1) may appeal to b e Chairman against that order within tk&/days fiom the date thereof and the Chairman may after hearing the part~esto the appeal eitherallow or dismiss the appeal or may reverse or vary any part of theorder. I

(3) The Chairman may stay the cxecution of an order against which an appeal has bcen filed before it under sub-section (2). (4) The decision of the Chairman on the appeal and subject only to such decision, the order under sub-section (I), shall be final and shall not be questioned in any Court. ( 5 ) The provisons of this section shall be in addition to, not indemption

of, any other provisions relating to demolition of building contained in any other law for the time being in force. Power to stop development.

89. (1 ) Where any development in a 1ocaIdevelopment area has been commenced or continued in contravention of the master plan or sector developmentplan or without the permission, approval or sanction referred to in section 80 or in contravention of any conditions subject to which such permission, approval or sanction has been granted then, without prejudice to the provisions of sections 87 and 88, the Vice-chairman of the Local Devdopment Authority or any oficer of the Local Development Authority empowered by him in that behalf, may make an order requiring the development to be discontinued, on and from the date of thc service of the order, and such order shall be complied with accordingly. (2) WheresuchdeveIoprnent isnotdiscontinuedin pursuanceofthe order under sub-section (I), the Vice-Chairman or the said officer of the Local DevelopmentAuthori ty may require any police officerto remove the

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1977 :Haryana Act 131

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URBAN DEVELOPMENT AUTIIORITY

person by whom the development has been commenced and all his assistants and workmen from the place of development withi11such rime as may be specified in the requisition, and such police officcr shall comply w-iih tkc reqnisition accordingly. (3) After the requisition under-sectiw (2) has been complied with thc Vice-chairman of the Local Development Authority may depute by a written order a police officer or an officer or employee ofthe Local Development Authority to watch the place in order to ensure that the development is not continued. (4) Any person failing to comply with an order under sub-section (1) shall be punishable with a fme whichmay extend to two hundred rupees for every day during which the non-compliance continues after the service of the

order. ( 5 ) No compensation shall be claimable by any person for any damage whch he may sustain in consequence of the removal of any development under sec tion 87 or the diswntinuanceof the development under this section.

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(6) The provisions of this scction shall be in addition to and not in derogationof,any other provision relating to stoppage of building operations contained in any otber law for the time being in force. 90. Aficr a master plan or sector develgprnerlt plan has come into Confcrmcntof operation under section 78,the Local Development Authority or its Vice other powers Chairman shall exercise such other powers and functions exercisableby the On the Development local authody cunce~medor its ChicfExccutive OAicer, as becase may be. under the enactment constitutingthat local authority, subjectto such exceptions or modifications, as the State Government may by noacation ,in the Official Gazctte specify.

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91. (1) Tfthe h l DevelopmentAuthoirty, afterholding a local inquiry or upon report from any of its officersor other information in its possession, is satisfied that my anlenity iurclation to any landin local development area hzs not been provided which in the opinion of the Local Development Authority ought to have been or ought to be provided or that any development of the land for which permission, approwl or sanction has been obtained under this Chapter or under any law in force before the coming inb force of this chapter has not been canied out, it may, after acirding the owner of the land or the person providing or responsible for providing the amenity a reasonable opportunity to show cause, by order require him to provide the amenity or carry out the devclopment within such time as may be specified in the order.

Powers to

provide amenity Or

cav Out

devclopment at ofowner

the event of his default and to l c cess ~ in cases.

URBAN DEVELOPMENT AUTIIOKITY

1 1977 : Haryana Act 13

(2) If any amenity is not provided or any such developmc~tis not carried out w i t h thc rime spccifid in the order, then the Local ~evelhprnent ~uthority

[nayitselfprovide the amenityorcarryout the dcveloprnctlt or have it pl-ovidcd or carried out through such agency as it deems fit :

I

Provided that before takmg any actiou under this sub-section, the Local Development Authority shall afford a rcasonablc oppoaunity io thc owner o F the !and or to the person providing or responsible for providing the anlenity to show cause as to why such action should not be taken. (3) All expenses incurred by the Local Development Authority or the agency cmpIoyedby it in providing the amenityor canyingout the development together with interest at such rate as the State Government may by order fix fiom the date when a demand for the expenses is made until payment may be recoveredby the Local Developn~entAuthority ficlrn the owner or the person providing or responsible for providing thc amenity as arrears of land revenue. (4) Notwithstanding anything contained in the foregoing sub-sections where the Local DevelopmentAuthority on the written representationby so many of the owners of any land in a development area as may represent not less than one half of the area, of that land, is satisfied that any amenity in relation to such land has bot beenprovided wbich in the opinion of the b c a l Development Authority ought to have been or ought to be provided, or tbat any development of that land for which pem~ission,approval or sanction has been obtained under this chapter or under any law in force before the com~nencementofthis Chapter has not been carried out, it may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit, and recover the expenscs by levy ofccss fiom all the owners of the said land :

Provided that if the owners makingthe said representation contend that the amenity had been agreed to be provided or the development had been agreed to be carried out by a coIonizeror mperative housing society through or from whom the land was acquired by them, they shall file with the h c a l DevelopmcntAuthority a copy ofsuch agreementor of the decd of transfer or of the bye-laws of the society incorporating such agreement, and no action shall be taken by the h c a l Developqent Authority under this sub-section unless notice has been gvcn to thecolonizer or the society, as the case may be, to show-cause why such action should not be takcn :

Provided M e r that where the Local DevelopmentAuthorityis satisfied that the coloniser or the society has become defunct or is not traceable, no

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I 977 : Haryana Act 13 1

URBAN DEVELOPMER'~AUTHORITY

notice under the preceding proviso need be issued.

-

( 5 ) The cess referred to in sub-section (4) shall be equivalent to the expenses incurred by the Local Develop~nentAuthority or the agency employed by it in providing the amenity or carrylng out I he development, together with interest at such rate as the State Government may by order fix, from the date of completion of the work until payment, and shall be assessed and levied on all the owners of the land in proportion to the respective areas of land owned by them. ( 6 ) The said cess shall bc payable in such number of instalments, and each instalment shall be payable at such time and in such manner, as the Local DevelopmentAuthority may fix, and arrear of cess shall be recoverable as

arrears of land revenue. (7) The expenses incurred by the Lucal DevelopmentAuthority or the agency employed by it under this section shall he certified by the Local Development Authority, and such cerW?cate, as also the assessment of the cess, if any, under sub-section (5) shall be final.

..

(8) Ifunder any agreement between the owners ofthe land, the colonizer or thc societyreferred to in ~1:bsection (4) the responsibilityfor providing the amcnity or carrying out the developmentrested with such colonizer or society, the cess payable under that sub-section by the owners shall be recoverable by them from tbe colonizer or the society, as the case may be. 92. (1) Where any area has been developed by the Local Development Power afLocal Authority, it mayrequire the 1ocal authority within whose local limits the area Development so developed is situated, to assume responsibility for the maintenance of the Autcority to =quire local amenities which have been provided in the area by the Local Development autborilyto Authority and for the pmvisions.of the amenitis which have not b m provided ,,by the M DeveIopma~tAuthoritybut which m its opinionshould be provided ponsibilitiei in in the area, on terns and conditions agreed upon between the Local certain cases. Development Aathority and locai authority, and where such and conditions cannot be agreed upon, then on a reference of the matter to the State Govcrmnent by the Local Development Authority on and conditions settled by the Government in consultationwith the local authority.

,,

-;

(2) The ~ransferof a developed area shall take effectimmediately after five years aftcr completion of development works or as may be decided by the h l DevelopmentAuthority and it shall be obligatoryon h e part of local authority to take over the area under sub-section ( 1 ) above.

URSAN DEVELOPMENT A U T H O R I m

1 1977 :Haryana Act 13

(3) Ifthe local authority recovers taxes from such an area prior to the period of five years, the transfer shall take effect from the dare of recuvery Power of Local Dcvelo~ment

Autf'oriv to

levy bcttcnent cl~argcs.

Assessment ,,f

b c ~ ~ ~ ~ e charges by Local Development Authority.

of taxes. 93, (1) Where in the opinion of the Local DevelopmentAuthority, as a consequenceof any development scheme having been executed by it in any IocaI development area, the value of any property in that area which has benefited by the development, has increased or will increase, the LocaI DevelopmentAuthorityshall be entitled to levy upon the owner of the property or any person having an interest herein a betterment charge in respect of the increase in vaIue of the property resulting fiom the execution of thc development: Provided that no betterment charge shall be levied in respect of lands owned by the Government : Provided furtherthat where any land belonging to the Government has been granted by way of lease or licence by the Governlent to any person, than that land and any building situated thermn shall be subjcct to a betterment charge under this section. (2) Such betterment chargc shall be an amount(i) in respect of any property situated in the townst?ipor colony, if any, developed or in other area developed or re-developed, equaI to one- third of the amount, and (id in respect of property situated outside such township, colony or other area, as aforesaid, not exceeding one-third of the amount, by which the value of the property on the completion of the execution of the development scheme, estimated as if the property were clear of buildings, exceeds the value of the property prior to such execution, estimated in the manner. 94. (1) When it appears to the Vice-chairman than any particular n t deveIopment scheme is sufficiently advanced to enable the amount of the betterment charge to be determined, the Vice-Chairman may, by an order made in that behalc declare that for the purpose of determiningthe betterment charge the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writingto the owner of the propertyor any person having an interest therein that the Vice-Chairmar.proposes to assess the amount of the betterment charge in respect of the property under section 93. (2) The ViceChairman shall then assess the amount of bettermmtchargc payable by the person concerned after giving such person an opportunity to

j

)

,

1977 :Haryana Act 131

URBAN DEVELOPMENTAUTHORITY

99

be heard and such person shall, within three months fiom the date of receipt of the notice UI writing of such assessnient from theVice-Chairman inform the Vice-Chaiman by adeclaration in writing that he accepts the assessment or dissents from it. (3) When the assessmentproposed by h e Vice-chairman is accepted by the person concerned within the period specified in sub-section (21, such assessment shall be fmal.

(4) lf the person concerned dissents fiom the assessment or fails to give thc Vice-Chairman the information quired by .sub-section(2) within the period specified therein, the matter shall be determined by the Chairman and such determination shall not be questioned in any Court. 95. Subject to the conbol of the State Government every decision of Finality of the Chairman on appeal, and subject o d y to any decision on appeal (if i t lies decision. and is prcfmed), the order of thcqce-Chairman or other officer under section 8 1, or section 88, shall be final and shall not be questioned in any Court.

-

96. ( I ) The betterment charge levidunder this Chapter shall be payable Payment of in such number of instalments, and cach instalment shall be payable at such betm-~-~ent time and in such manner, as maybe fixed by byelaws made in that behalf. charges.

4

I

(2) Any arrears ofbetterment charges shalI be recoverable as arrears

of land revenue. 97. (1) The duty imposed by the Indian StampAct, 1899, on any deed Additional of transfer of immovable property shall, in the case of an immovable property stamp duty on situated within a development area, be increased by two per cent an the of property. amount or value of the consideration with reference to which the duty is calculated under the saidAct :

Provided h a t the State Government may, By notification inthe Oficial Gazette, enhance, the aforementionedpercentage of the increase in the stamp duty upto five percent.

-

(2) All coIlection resulting from the said increase shall, after deduction ofincidental expenses, ifany,be allocated and paid bythe State Government in its discretion either to the Local Development Authority alone or as the I

case may be, in such proportionas may fiom time to time bc determined, in such manner and inaccordance %vitb such principles as the State Government may notify in the Official Gmxtte.

(3) For purpose of this section, section 27 of the Indian Stamp Act, 1899, shall be read as if it specifically requiredthe particulars referred to

URBAN DEVELOPMENT A U T H O M R

1 1977 :Haryana Act 13

therein to be separately set forth in respect of property within thc Local Development Authority and property situated outside such area. (4) For the purposes of this section, section 64 of the Indian Stamp Act, 1899 shall be so read and construed as if it referrcd to the Local Development Authority as well as to the State Government. Toll for umcnitics.

98. The h c a l Development Authority shall be entitled to charge and collect, toll, for the use of approach roads and other amenities, at such rate and in such manner as may be notified by the State Government, fiom visitors, to such places of popular resort (including any ancient and historical monuments) within its Iocal development area as may be so notified :

Provided that(a) therateoftollpervisitor,shaHnotexceedrupeestwo;

(b) the State Government may by noti6cation, exempt any class or classes ofvisitors from the payment of the toll and may fix any day or days on which no toll shall be chargeabls. Recovery of 99. Any money due to Local DevelopmentAuthority on of my moncys duc to fee or charga or h m disposal of land, building or any other property, movable Local Dcvclop- - or immovable, by way of rent, , profit or hire-purchase instalment, mcnt Authority. may, without, prejudice to the right of recovery by any other mode ofrecovery provided by or under this Chapter or any other law for the h e being in force be realized, as arrears of land revenue upon a certificate of the amount due

sent by the Local Development Authority to the Collector. Relurns and

inspections.

100. (1) The Local Development Authority shall hrnisb to thc Statc Government such reports, returns and other informations as the Government may h m time to time require.

(2) Without prejudice to the provisions ofsub-section (1) the State Government or anyofficerauthorizedby the State Government in that behalf, may call reports, returns and other information from the Local Development Authority or the local authority concerned in regard-to the implementationof the master plan. (3) Any person authorized by the State Government or the officer referred to in sub-section (2) may enter into or upm any land with or without

assistantso r w o r h e n for ascertaining whether the provisions of h e master

pIan are being or have been implemented, or whether the deve!oprncnt is beingor has,beencarried out in accordancewith such plan.

!

1977 : Haryana Act 131

URBAN DEVELOPMENT AU-I'IIORITY

(4) No such enhy shali be made except between the hours of sunrise and sunset and without givingreasonable notice to the occupier, or ifthere by no occupier, to the owner of the land or building.

101. ( I ) All rlotices,orders and other documents required by this Chapter Service o f oraiily rule or regulation made-thereunder to be served upon any person shall, notice ctc. save as othenvisc provided in this Chapter or rule or regulation, be dccmed to bc duly served-(a)

where the person to be served is a company, if the document is addressed to the Secretary of the Company at its ed officeor at its principal ol3ce or place ofbusiness and is either(i)

sent by ed p ~ s ;tor

rig delivered at the ed o a c e or at the principal office or place of business ofthe company ; (8) where the person to be served is a fm, if the document is addressed to the hat its principal place ofbusiness,identifymg it to the name or style under which its business is carried 011and is eithcr(i) sent by ed post ;or

(ii) delivered at the said place ofbusiness ; c

where the person to be served is a public body or a corpordtion or society or other body if the document is addressed to the secretary, treasurer or other chief officer of that body, corporation or societyat its principal office and is either() sent by edpost ;or

(ii) delivered at that office;

(dj in any other cases, if the document is addressed to the person to be served and -(i) is given or tendered to him ;or

(ii) if such person cannot bs found, is affixed on some conspicuouspart of his last known place of residence or business, if within the development area or is given or tendered to some adult member of his farnilyoris affixed on some conspicuous part of land or bu ilding t~ which it relates ;or

URBAN

DEVELOPMENT AUTHORITY

[ 1977 :Haryana Act 13

(it0 is sent by ed post to that person. (2) Any docunlcnt which is required or authoriscd to be servcd on the owner or occupier of any land or building maybe addressed as 'the ow~~er' or 'the occupier' as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served -

-'

u ) if the document so addressed is sent or delivered in accordance with clause (d) of sub-sccti,on( I ) ;or : (b)

if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered is affixed to some conspicuous part of the land or building

(3) Where a document is served on a firm in accordance with clause (b) of sub-section ( 1 ), the document shall be deemed to be served on each p m e r of that firm. (4) For the purpose of enabling any document to be servd on the owncr of any property the Secretaryto the Local Development Authority, may by notice in writing require the occupier, if any of the property, to state the name and address of the owner thereof. (5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family be deemed to be service upon the minor ; Explanation.--A servant is not a member of the familywithin the meaning of ths section.

1 I

\

Pubtic Notice 102. Every public notice given under this Chapter shail be in wliting how to bc mad? under the signature of the secretary to the h a 1 Development Authority and hown. shall be widely made known in the locality to be affected thereof afFixing

copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by ment in a newspaper having circulation in the locality or by two or more of these means, and by any other means that the Secretarymay t h k fit. Notices etc. to fix reasonable time.

103. Where any notice, order or otber document issued or made under this Chapteror any rule or regulation made thereunderrequiresanythmgto be done for the doing of which no time is k e d in this Chapter or regulation, the notice, order or other document shall specify a reasonable time for doing the

same.

?

1977 IHaryana Act 131

103

URBAN DEVELOPMENT AUTHORITY

104. Nothing in this Chapter shall apply to-

Savings.

(n) the carrying out of works for the maintenance, improvement or other alternations of any buildings, being works which affect

only the interiorof the building or which do not rnaterialIy affect the cxtemal appearance of the building ; (b) the carrying out by a y local authority or by any department of Government of any works for the purpose of inspecting, repairing or renewing any drains, s e w n , mains, pipes, cables or other apparatus including the breaking upon of any street or

other land for that purposes ; (c) the operationalconstmction includingmaintenance, development 'andnew construction, by or on behalf of a department of the

Central Government ;

(d) the erection of a building not being a dwelling house, if such building is requiredfor the purposes subservicnt to agriculture ;

(el the excavationsincluding wells made in the ordinarycourseof

'

agricultural operations ;and

0)

the construction of unmetalld road intended to give access to land solely for agricultural purposes.

105. Notwithstanding anything contained in this Chapter the State Powcr of the Govemmnt may by notifi cation in the Official Gazette exempt, subject to G o v c ~ ~ I - I - J ~ ~ ~ ~ such conditions and retTictiops, ifany, as may be spec3ed in such notification, excmpt ccrtain class of any land or buildingor classofiands orbulldingfrom all or anyoftheprovisions' buildings, clc, of this Chapteror rules or regulationsmade thereunder. 106. (1) Where any land situated in the local development area is required Plans to stand by the master plan or a sector development plan to be k&i as an open space modified in or unbuilt upon or i s designated in any such plan as subject to compulsory 'emin castsacquisition,then, ifat the expiration of ten years from the date of coming into operation of the plan under-section 77 or where such land has been so q u m d

-7

I

or designated by any amendment of such plan, from the date of corning into operation of such amendment, under sub-section (4) of section 79 the land is not compulsorily acquired the owner of the land may serve on the State Government a notice rapiring his intaest in the land to be so acquired. (2) If the State Government fails to acquire such land within a period of six months from the date of the notice, the master plan, or, as the case may be, the sector development plan shall have effecc after the expiration of the

104

URBAN DEVELOPMENTA u T H o R l n

1 1977 : Haryana Act 13

said six months, as if that land were not required to be kept as-anopen space or unbuilt upor: or were not designated as subject to compulsory acquisition. Power to makc rules fur purposes of' this Chapter.

107. (1) The State Governmentmay be notification in the Official Gazette make rule for carrying out the purposes of this Chapter.

(2) In particular, and without prejudice to the geeneklityofthe Ioregcing pwer, such rules may provide for all or any of the followingmattcrs, namely(a) the levy of fee on a memorandum of appeal unaer sub-section ( 5 ) ofsection 8 1;

(b) tbe procedure to be followed by the Chairman in the determinationof betterment charge, and thc powers that it shall have for that purposes; (c)

my other matter which has.to bz, or may be, prescribed by

rules.

(3) All rules made under this Chapter shall, as s ~ o nas may be after these are made, bejaid before the State Legislature, whiIe it is in session for a total period of not,less than ten days, extendingin its one session or more than one successive sessions, and shall, unless some Iater date is appointed, take effectfrom the date of theirpublication it the Official Gazette subject to such modifications or annulments, as the State Legislature may, during the said period, agree to makc. Power to rrmke rc~latiomfor p u ~ o s c s of tl~isChapter.

108. (1) The Local Development A.uthoritymay, with the previous approval of the State Government, may make regulationsnot inconsistent with this chapter-andthe rulesmade thereunder, for the istration of the nffairs ofthe Local nevelopmentAut)!oirty.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulaticns may provide for all or any of the following matters, namely :(a) the summoning and holding of meetings of the Local DevelopmentAulhoirty,,the time and place where sucb meetings are to be held, the conduct of business at such meetings and the number of n e c e s s q t o form a quorum therear ; I

(b) the powers and duties of the ChiefTown Plmer, Chief &peer, Conboller of Finance, Secretary, Estate Officer and Manager Estate of the bcal Development Authority ; -

(C)

fie salank, allowances and conditions of service of the ofic'ers and employees ;

,

1977 : Haryzi~aAct 131

URBAN DEVELOPMENT AUTHORll3'

(& the procedure for carrying

out the functions of LocaI Development Authority under sect ions 73 to 82 ;

(e)

the form of ofapplication for permission and rhe particulars to be contained in such ;

Cfl

the management of the property of Local Development Authority ;

(& the fee ro be paidmanapplicatiocforpmissionunersubsection (1) of section 81 ; (h) the fee to be paid for inspecQonor obtainingcopies ofdocuments

and maps ; (i)

-. *

I

any other matter which has to be or may be prescribed by regulations.

(3) Until h c a l DevelopmentAuthority is established ffir an area under this Chapter any regulation which may be made under sub-section (I) may bc made by the Stare Government and any regulation so made may be altered or rescinded by the heal DevelopmentAuthority concernedinexercise of its

powers under sub-section (1). 109. Tbe hcal DevelopmentAuthority rnax with the pevious approval Power to make of the State Governmentmakebye-laws consistent with this Chapter and the bye-1816 far the rules madethehereunder, for canying outtbe purpose ofthis Chapter in re~pectpU"DSeS of this Chnpter. of any matter affectingthe general public and without prejudce to the generality of this pwer, such bye-Iaws may provide for-

(a) the form in which any application for permission under subsection (1) ofsection 8 I shall bemade and the particulars to be furnished in such applications ;

(b) the and conditions referred to in section 82 subject to which the of lands a d Guildings in contraventionof plans may be continued ; (c) the grant of Iicer~seto architects, town planner, engineers,

surveyors, draftsmen for the preparation of building plans or water supply, k e drainage and sewerage plans and the fees to be paid for the grant of such licences ;

(4 for so long as the sector development plans are not prepared

URBAN DEVELOPMENT AUTIIORITY

f 1977 : liaryana Act 13

under s%tion 74, the matter specified in clause (d) of sub-sccti~n (2) of that section ; e

the definition of an arterial road and the colour scheme and other specifications according to which the faqade ofbuildng abutting such road shall be repaired, white-washed, colourwashed or painted under section 78 ;

,

@ any other matter which has to be or may be prescribed by bye-

laws. Contribution of Local Dcvclopmen' Autho" to Slarc ex-

110. The h c a l DevelopmentAuthority shalI deposit fifty percent of the sale proceeds of the plots, sites or developed land, sold through open auction in the Stare exchequer in the manner as may be piescribed.

chequer.

nissolution of DevelopAuihority.

"""'

111. (1) Where the State Government is satisfied that the purposes for which the Local DevelopmentAuthori ty was established under this Chapter have been substantially achieved so as to render the continued existence of the h l DevelopmentAuthorityor ic the opinion of State Governmenti t has become necessary to wind up an existing Local DevelopmentAuthority thc Government may, by no!i£ication in the Official Gaizttedeclare that the Local DevelopmentAuthority shall be dissolved with effectfrom such date as may be specified in the notification ;and theh a 1 DevelopinentAuthority shall be deemed to be dissoIved accordingly.

(2) From the said date(a) allpinperties,fundsanddueswhicharevestedh,ormIisable

by the Local OeveiopmentAuthority shall vest: in the State Government ; @}

all nazul lands placed at thedisposal ofthe Local Development Authority shall revert to the State Governmel~t;

(c) all Iiabilities which are enforceable against the LocaI Development Authority shaIl be'enforceableagainst the Statc Government; and

(dl for the purpose of carryingout any development which has not been fully carriedout by the h a 1 ~ e v e l o ~ m e~uthority nt and for the purpose of realisingproperties, h d s and dues refe~rerl to in clause(a)the functionsofthe Local DevelopmentAuthority shall be discharged by th.c StateGovemment.

,

1977 :Haryana Act 131

URBAN DEVELCIP~ENTA C T I I O R ~ ~

1 U?

112. ( 1) All references by the Local Development Authority to the Relationship of State Government under this Chapter shall be routed through the Directol; H d r ~ d l l aUrban Develoymrni Town and Country Planning, H q a n a . Authority and

(2) The State Government for all intents and purposes of this Chapter ~,,,l ~,,,~,p. sbll be the Government in the Departr,~entof Town and Cocntry Planning. mint huthorG

(3) !immediately afler the constitution of the Local Development Authoritj all smof I I q c i n n Urban Development Authori ty servicep o s d in the Local Development area shall be decmed to be the staff, posted under the Local Dcvclopment Authority under section 7 1 of this Chapter].

with the Slate Goven,mco[,

flAKYANA (;C)V'I'. CiAZ. ([iXI'IIA.). NOV 8. 2004 I(X1'K. 17, 1920 SAK,\)

305

PART I

I.EGlS[,ATIVE

DEP4R.L'MENT

Nolilicalio~~

The 8il1 Nilvclnber. 3004

No. Leg.

r5!2004.-?'he

c

io;loi~!inr A:!

\if

:he Lepi.:l;iiurc

Ilarw;lrl;~ ,ict

the

{if

"rn 2.3 of2004

ILARYANA ZIRB,\N DEWLGI'MENS A1 THOIU'D, (SECOND AiilENDIMF.Yl') ACT, 2004 t\u

A[-r ii,riher lo anlend !lie bIdryc~no1J16on Dr~~elopmen! .iu;hurih; :icr, !e.':..

i3c it cn;lcied b) rhe Lzgisl;!~uizofthe Slate of H;ir$ann i.epubIic oclndia os fo1la.x

:I:.. i'iil :.;i:ih Yc;ir

1.1

ii:;,~,.

1. This .4or liiay be callcd ihr F!:?iyiln; Urban L)cvclopnicn~.A.ctIiil~:ly S:?OI:li!lc (Sc.v!!..i;in~end~ncnt)Act.7004.

I. ,:I Chaplrl 1X ofihc Ha~yalia1irns11!>~velop~nc~ir Auth,,riiy Act, 1477 (I~crri.i~lic; called (lie princillalAct).~--

5)

for the words "stctor de~icloprnc~~t ;~ian(s)"iillere\,?~i>ccu~riog, the ~vordsand h!gn "sert~~.. . : :on;~l:i:.,,c!oprnent piants)" shai! IJC s>.ll>s.i::,?-,:

::

;j;c ivord "sccrni-(s)"~~~h~:~~:~..~r oriurriny. I I ~ L \ ~ / o ~ ti:~?d Ii "sacii\~isj!z~~ne(sj" shill1 bc !:,:bsulil!ed.

4mc11ilmrnt

or

C h a p l e i itI Il i i,! ii;

1971.

fiii-

A~ m c l ~ ~ l n c l i l 111 3. For i.:ih-sr:ctlo:i ( I ) of saclir,n 62 o f the p:inc~pal Act, tllc f r . ~ l l o w i : ~ acriioo 62 iif sub-seclior~shnii be substituLed. ~naniriy Iiarjana Acl 13 o i

" ( 1 ) I f in tile o~>iilioiint'the SiatcCiown~mrniany arc.] wiii~in(11:

I???

Statc rzqu1rr.s 111tegra::d plalu~ctldevrlopl'~r;il.I [ Irlai. by noliticafinn. declan: sucli alea ic i>c local jer: nil sncl; area sliall iliclude the area rvithio 3 rov.11 or local aullrority including i~ mo~iic~]lol com~nit~eelcnuncil or 21 Mul~icipalCoqlr~ralion,ihc coli~rollzdarea declarrd u;.der tlic Punjal? Schzduled Koacls 2nd Controlled Area: Restrictio:;ofUnregi~lstedDcveloyi~~entAc!, i953 (41 o f ! 961). or the

. ...~ . -= -. -. -. . . .~ ~. .

-~ -

306

FIARYANA GOVT. Cia. (EXTRA.), NOV. 8, 2004 iKRTI<. 17. 1926 SAKA,

( I 0 o f 1994) or any otlier arcs wliich irk the opinion of the Sta!e (;overmiriit is likely to be dsveiop,-
i.\dicndrneni o l s c / i o n 63 ui &iijg.lor Ack 13 . $f..l977. . . ..c.. .~

1. In sub-sectlon I I ) nf s r c l i o ~63 ~ o i rhr princ~yirlAct, -(i)

for c\allse (b ), iiw following cla:lse shall be s~ihstihited. namely

~

.z.;::;=:.: =-.. 5- .-

"(b) a wlrole Limr Vice-Cliairni2n no! below t l h - rank of Coim~issioncrsewing or re!::::.: I - - he appointed by the Cio\rn,~rneiiL:": ~.

E$ =r7.

(ii)

clause (h) shall bc omincd:

[iii)

for clause [j). tile folio\vu~gclarise sllall be subsliiutsd, ~ ~ l : i i .:, i j j

--

%:<$mi.ndrnclli . -~ =jcclion 67 ..~-

of ol

L!!aryaus Act 13

Eof

5 . In scccririii ti7 of thr principal Acl;~!i:;:.i:b-section (2). the f o l i o ~ v i ~ sub-section ~g shall be subri:iti . . '

!I)

~.. 1977

I ~ ~ I c: I.-~ . ,

~

rcclioll 7';

Mayor of 3 Munirip:rl Corporatio~~ aud in case ot I: ~:::,::ipai coni~nittee/cn~.~i:.:il. ?hc pi-csidcnt, ex-oflicio;".

or

6, For the existing Note to srcticn 77 o f the piiiicipal Act, the folluwi~igNotc shall be substiu~tcd,naniely :',NO~(!.- Tlic dcvcloprncnt pla11 prepared and approved by tlie

Government under ::ectioi~5 or the !'un;ab Schr:l;;!e:! Roads and Cur~trolieliArras j!:sl!iciioi:

:I!

ii:x::gl;~:cd Dev~~~:p!lieni hcl, ic'.G3

(41 of 1903) or ~indcrsection 2:) ol'thc crstwl~ilc1:aridabad Complex

(Kegulatioi~a d Developniel~l)Ac~, 1971 (42 of 1971) or under scclioii

. ..

> ; o of iiic i iiiiy:>iiil \iirllicipi~ii '0ilii.iiiiil)li :%CL, I r~ii4i I Ll of i')ij4); hr

~ii~lil

deeoicd to he iiiasrrri,lsll ~!ridel.srr:riaii7 3 h r thc local deue!n!l!nent

arca forming pan 01' thc conlroiicd area cierlarcd under \he ahresaid Acts

;LII~ lt~esalnc

shnll be in!c!:ia!,:d

devclopnient area. "

lo!:,

ili;.

ntostrr plan of the local

. ... ....~ . .... ~

-

-

~

FIARYANA GOVT. G A 7 . (EXTRA.). NO\! 8. 1004 4KA)

307

--

~

$7,iJnsectior! . 85 of tlle principa1Acl.-

... r.=-. .-

%=:~. :: .=:.... ~.

..

(I)

in sub-sectlc>i( 4j.-

0)

for clause f a ) , tlie following claose shall'bc substituted, namely :~ ' ( a ) Fr01n the d a l r o f [lie conslilution of :l 1,ocal

Dcvelopmenr Ai~lhorllyfor n local dc\;eloprnenl arm. falI111g within the jurisdiction o f a hdunicipal Corporotio~iand tlic cclnt~olletiarcn declare~iunderthc r r s t ~ v h l l eFaridilbad Complex (Regulation a n d Development) Act. 1971 (42 of 1971 or under the Huyana biuiiicipal Copolation Act, 1994 iI6 of 1994); the Con~rnissioner.Municipal Corporation shall czasi: i c l exercise powers undcr the provisii~nso l scctioos 346 ro 3 9 of tkc Haryana Municipal C o q ~ o r a t ~ o n i i c l , 1!194 ( 1 6 o f 1994). a n d all acts (Ions h y thC C'llief Adiiiiilishator of Llie ershvhilc Faridabad Conq~lcx ~\dniinistration or the Connnissioner, Mui.icipal Corporation shall be deemed to have bcen donc hy the Vice-Chairman of the Local Development Authority. ": [

r . ..

An~cnilrnt:n: o f BS

LCCI,O~,

i n claase ( b ) , for the words "Fitridnbnd C o m p i e s is~ration", dl? words "Ml~iiicipalCol~oralion"shall bc sohstitored;

(ii) in suh-szcrion ( 5 ) . for thc ~uordc"iuun1cipa1comrruticc"occurrii~g twlctt, tlie words and slgn "m~uucipalc u n ~ ~ ~ u l tco~incil" eei sliall hc

H t t i y i \ ~ j aC

I

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