45
DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Haryana Development and Regulation of Urban Areas Act, 1975 Act 8 of 1975 Keyword(s): Colonizer, Cyber City, Cyber Park, External Development Works, Group Housing, Integrated Commercial Complex, Internal Development Works, Plot/Flat Holder, Property Dealer, Urban Area Amendment appended: 15 of 2006, 5 of 2007, 4 of 2012, 5 of 2013, 27 of 2013, 15 of 2014

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Page 1: The Haryana Development and Regulation of Urban Areas Act ...416 DEVELOPMENT AND REGULATION OF URBAN ARFAS I1975 : Haryada Act 8 Be it enacted by the Le~slature of the State of Haryana

DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.

The Haryana Development and Regulation of Urban Areas Act, 1975

Act 8 of 1975

Keyword(s): Colonizer, Cyber City, Cyber Park, External Development Works, Group Housing, Integrated Commercial Complex, Internal Development Works, Plot/Flat Holder, Property Dealer, Urban Area Amendment appended: 15 of 2006, 5 of 2007, 4 of 2012, 5 of 2013, 27 of 2013, 15 of 2014

Page 2: The Haryana Development and Regulation of Urban Areas Act ...416 DEVELOPMENT AND REGULATION OF URBAN ARFAS I1975 : Haryada Act 8 Be it enacted by the Le~slature of the State of Haryana

1975 : Haryana Act 81 DEVELOPMENT AND REGULATION OF URBAN ARE4S 413

THE HARYANA DEVELOPMENT AND REGULATION OF URBAN AREAS ACT, 1975

(HARYANA ACT NO. & OF 1975)

TABLE OF COmEmS

1 Short ti~le, extent and cornmencemenL

2. Dcfinitions. 3. Application For licence.

3A. Establishment of Fund. 3B. Erection or reerecrion of buildings in a licensed colony.

4. Maintenance of registers.

5. Cost of development works.

6. Auditing of accounu. 7. Prohibiuon to advertise ;md uansfer plots

7A. Regisrrauon of cemin documents.

8. Cancellation of licence. 9. Excrnption from obtaining liccnce in certain cases.

10. Penalties. 1 I. Prosecution.

11A. Dury of police oficers.

11B. Power to arrwt.

12. Offences by companies.

13. Composition of offences.

14. Indemnity. 15. Bar O F jurisdiction of civil court. 16. Effect ofother laws.

17. Rcstrictions in controlled area.

18. Savings,

19. Appeal. .

20. Revision. 21. Review.

22. Delegation

23. Power to exempt.

24. Power 10 make rules.

25. RepeaI.

Page 3: The Haryana Development and Regulation of Urban Areas Act ...416 DEVELOPMENT AND REGULATION OF URBAN ARFAS I1975 : Haryada Act 8 Be it enacted by the Le~slature of the State of Haryana

1975 : Haryana Act 81 DEVELOPMENT AND REGLLATION OF URBAN AREAS 41 5

ITHE HPLRYANA DEVELOPMENT AhD REGULATION OF URBAN AREAS ACT, 1975

[Received the assent of [he Governor of Haryarlu on the 30th January, 1975 and wasfiist pttblislled in the Haryana Government Gazerre (Extraordinary),

LRgislaiive S~cpple~t~ettr Part I of 30th Jaltuary,, 1975.1

to regulate the use of land in order to prevent ill-planned. and haphazard urbanization in or arround towns in the

State of Haryana.

1. For Statement of Objects and Reasons, see Haryarra Govenrmenl Gazette (Extraordinary), daled the 13% January, 1975, pages 62-63.

2 For Statement of Objects and Reasons, see Horyana Goven~menr Gazerre (b t raorr l i~ la~) , dated the 23rd March, 1977, page 450.

3. For Statement of Objecls Ad Reasons, see Hnlyana Government Gazerre (Extraordinnty), dated the 27th March, 1984, page 555.

4. For Statement of Objects and Reasons, see Hatyana Govenimcnt Guzette (Extraordinury). dated the 25th November, 1 986, pagc 1 3 14.

1

Year

1975

5 . For Statement of Objec~ and Reasons, see Havana Goverr~nlent Gazette (Exrraolrlinary). dated the 22ndAugust, 1989, page 1323.

6 . - For Statcmcnt of Objects and Reasons, see Hayana Governlnenr Gazette (Extraordinaty). dated the 18th November, 1996, page 2397.

7. For Statement of Objects and Reasons, see Haryana Governmeat Gazette (Exwaordinaryl, dated the lOh March 2003, page 900.

8. For Statement of Objccts and Reasons, see Haryatra Governnlent Gazette (Extraordinary), dated the 91h February, 2004, page 301.

2

No.

8

3

Short title

I The Haryana Development and Regulation of Urban Areas Act, 1975

4

Whether repealed or otherwise affected by legislation

Amended by Haryana Act 9 of 1977l Amended by Haryana Act 15 of 19S43 Amended by Haryana Act 30 of 1986' Amended by Haryana Act 1 1 of1 Y SY1 Amendcd by Haryana Act 17 of 1998 Amended by Haryana Act I I of 2003' Amended by ~ a r y a n a Act 5 of 2004'

Page 4: The Haryana Development and Regulation of Urban Areas Act ...416 DEVELOPMENT AND REGULATION OF URBAN ARFAS I1975 : Haryada Act 8 Be it enacted by the Le~slature of the State of Haryana

416 DEVELOPMENT A N D REGULATION OF URBAN ARFAS I1975 : Haryada Act 8

Be i t enacted by the L e ~ s l a t u r e of the State of Haryana in the Twenty-fifth year of the Republic of India as follows :-

Shori titlc, 1. ( I ) This Act may be called the Haryana Developmenr and extent and Regulation of Urban Areas Act, 1975. commencement.

(2) It shall appIy to a11 urban areas in the State of Haryana.

(3) It shall be deemed to have come into force on the 16th day of November, 1971, except section 10 which shall come into force at once.

Dcf~tions. 2. Tn this Act, unless the context otherwise requires,-

(a)- "advertisement" means any word, letter, model, sign, i pIacard, board, notice, device or represcntation in any !

manner whatsoever, wholly or in part, intended for the purpose of advertisement, announcement or direction, and includes any structure used or adapted for the display of advertisements :

l[(aa) "agriculture" includes hort~culture, dairy farming, poultry farming and the planting and upkeep of an 1 orchard ; J

( b ) "building" means any shop, house, hut, out-house, shed or stable, whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatsoever, and indudes a waII' ;

'[(c) l t ~ ~ l o n y " means an arca of land divided or proposed to be divided into plots or flats for residential, commercial, industrial, cyber city or cyber park purposes or for the construction of flats in the form of group housing or for the construction of integrated commercial complexes, but an area of land divided or proposed to be divided-

(i) for the purpose of agriculture ; or

1. Inserted by Haryana Act l! of 1989.

2. Substituled by Haryana Act 11 of 2003.

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1975 : Flaryana Act 81 DEVELOPMEhT AND REGULATICN OF URBAN AREAS 417 , .

(ii) as a result of family pmition, inheritance, succession or parti tion of joi nt holdi nb nor with the motive of eamirig profil ; or

. . . .

(iii) in furtherance of any scheme sanction under any oihermlaw; or

(iu) by the owner of afactory for sctlini up ofa housing colony for the labourers or the employees working

. i n the factory; provided there is no profit . motive ;or , . < .

( v ) . when i t docs not exceed one ~housand square metres or srlch lcss ires as may bc decided from time lo time in an urban area to be notified by Government for the purposes of this sub-clause.

shall not be a colony ; 1

(d) "colonizer" means an individual , company or association or body of individuals, whether incorporated or.not, owning '1 _ 1 land for converting it into a colony and to whom a licence. has been granted under, [his Act ; - ,

I

: ' [ (di l ) "cyber cityt1 'means self contained intelligent city with high quality of infrastmcture. attiactive surrounding

' ' and' high- speed commuriication access to be developed for neculea~ing the'lnfomation Technology concept gcrminati a'f~ of medi urn and Iarge sofmare companies aud Inigimaiion Technology enqbled selvices, wherein no manufatun'ng units shall be permitted ;, ,

(ddd) "cy ber park-" means an.qea developed exclusively -for - Iocaring sofrware development activities and

Inf~~ation~Technqlogy Enabled Seruig,es, wherein no , , - manufacturing of any kind (including assembling '

acti vities) shall be pmiued ;]

(e) "development works" means internal and external development works,; . :

1 . Omitted by Hmyana Act, 1 1 of 2003. . , -

1. Inserted by h i d .

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. . 418 DEVELOPME& ANC EGULATION OF URBAN AREAS 11975 : naryana Act 8

'

'[(n ' "~kec to r " means the Director. Town and Country ~ l a n n i n ~ , ~ a r ~ a n a , and includes a person for the time bdng appointed by the ~oveniment, by notification in

' theOfficialGazette,toexerciseandperfomdlorany of the powers and functions of r he Director undcr this Act and the rules made thereunder ;]

, , . , . m -. ' , . : ' .

(g) "external development works" include watcr supply, , : sewerage, drains, necessary provisions of treatment and

disposal of sewage, sullage and stom water, roads, clcctrical works, solid,wastc management and disposal. i l u i h t u houses, colleges, hospitals. stadium/sportr complex, *fire sralions. gfid sub-stations etc. and any other work which the Director may specify to bc executed in the periphery of or ou [side colonyfareia for the bcnefit of the colony/area ;

(gg) "flat1) means a of any property, intended to be used . . for'residcntial purposes, incl~dirik one or more rooms with enclosed spaces Iocated-on- one or more floors, with diiect exit to a public street or road or to a common area leading 16 such streets or road d i n c l u d e s any ,garage or room whether or not adjacent to the building

: :: in,which such ?at 1s located provided by the colonis'erl . , pwner of such, property for use by the owner of such .,, Oa[ for parking any .vehicle or .for residenge of any - persqq,eyploycd :in such :flat, the case may be ;I

- ( j~) "Go+ernmenf" means the Govemrnent of the Stare of , m # - Flary&a; ' , , .

' [ (hh) "&okp hdusing" meins a' buildings designed and developed in the form of flats for residential purpose

. - or any a n d l ary4r appurtenant building including

' ' , .community~ facilities, public, amenities and public utility as may be $kisc+bed; > ,

:. (hhh) "integrated commercial complex" means' building containing apartments sharing coli.lmon.sewices and

1. Substituled by Haryana ACL 1 I of 2003 and further substi~u~ed by Haryana Act '

5 of 3004,

2. Inserted by Haryans Acr 11 of 2003.

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1975 : I-iaj.&a ~ c t 81 'DEVELOPMENT AND KEOULATIOF.; OF URBAN AREAS 4 19

, . . ,

faci Iities and having [heir undivided share in the land and meant to be used for office or for practising of any profession or for carrying on any occupation, trade,

' ' business orsuch other type of independent use as may be prescribed ;] I . : I '

, , (i) ,"internal . , , . development works" mew- , , . , ( i ) :milalling of roads and paving of footpaths;

( i i ) turfing and with trees of openspaces-;

,:. (iii) street lighdng ; .

, , (ivJ adequate and whoiesoke water-supply ;

( v ) sewers and drains borh for storm and sunage water and necessary provision for their lreatrnent and

. . disposal ; and , , - I . .

, , (vi) any other work- t h a ~ the Director may think neccssary in the intercst of proper development of

, I ' . - . . .a colony ;

, ,

'[(j) "loLal &liority", means a Municipal Committee or municipal Council or Municipal Corporation; J

(k) "owner" includes a person in ,whose favour a lease of land in an urban area for a period'of not less than ninety- nine years has been granted ; . .

- , . ' ( I ) ' "persdn" includes'an association or body of individuals

, ,

whether incorporated or not ; *

. > . - , # ' , 8 ,

'[(a) "plot(fld hddcr" means a person , , . , i n whose favour a ,-, . . < . . plodflat in a colony has been transferred . .., or agreed to

be transferred by the coloniser ;] , . :, . . {n) "prescribeilt' ,means mpres'cri bed by rules 'made under

' :this.Act .; , , 4 ,

3[(nn) "property dealerl"means any persodagent who mns the bdsiness'bf purchase or sale of plots, flats or apartments

. . m . . . 1 .- Substituted by Haryana Act 17 of 11196.

7. Substitwed by Hpryann Act 1 1 oC2003. ... ,. -

3. Insened by ibid.

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420 DEVEI.OPMENrf A N D REGULATION OF URBAN AREAS (1975 : Haryana Act 8 . ,

i n integrated commercial complex or issues advedisernent for sale thereof on behalf of owners and; J

: . . (0) 'urban area' means any area of land within the limits of

a municipal' arca or notified area or the Faridabad , .

complex or ri tuate within five kilometers of the limits thereof, or any other area where, in the opinion of the Government, there is a potential for building activities and thc Government by means of a notification dccIares.

Application for 3. ' [ ( I ) Any owner desiring to convert his land into acolony shall, licence. unless exempted undersection 9, make an application to the Diecector, for

the glean t of a license to develop a colony in the prescribed from and pay for it such Tee and.conversion chargcs as may be prcscrikd. The applicalion shall be accompanied by an income-tax clearance certificate :

Provided that i f the conversion charges have already been paid under the provjsions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, (41- of 19631, no such charges shall be payable under this section.]

(2) On rcceipt of the applicalion under,sub-section (I), the Director shall, among other . . things, enquire inlo the following matters, nameIy' :- . , .

' (n) titfe'tothcland; "

.. , (b) ex tent and situation of the land ; . (cJ capacity to develop a coIony ; , - - -

'

Id) the layout of a colony ; , -

( e ) - plan regarding the development works to be executed inadoioi9;and " . . . . .

V) conformity of the development schemes of the colony land tb those of ~he 'ne i~hbou '&~ areas. .

(3) Aft& h e enquiry under sub-section (21, ihk~irector , by an , - order in writing, shall-

(a ) grant a licence in the prescribed fonn, after the applicant has furnished to the Dircctor a bank guarantee equal lo twenty-five per .centum of the, L[ estimated cost of

' ', developmenr works in c'ase,of &a of land divided go .prop~s.=d to be divided into plors orflnts.forresideodal, commercial or industrial purposes and a band guikantee

1. Substituted by Haryana Act 11 oT2003. , .

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1975 :-Haqana Act 81 DEVELOPMENT AND REGULATION OF URBAN AREAS 421

equal to thirty-sevcn and a half per centum of the estimated cost of developnlen t works in case of cyber city orcyberparkpurposes.) ascertifiedbytheDirector and has undertaken- (iJ to cnter into an agreement in the prescribed from

for carrying ou( and complection of development works in accordance with the licence granted ;

I ' { [(i i j to pay proportionate development charges in the external development works as defined in clause(g)

, . of section 2 are to be carried out by the government or my other local authority. The proportion in which and the time within which, such payment is lo be made shall be determined by the Director ;I

(iii) the responsihiliry for the maintenance and upkeep of all roads, opcn spaces, public parks and public Ilealth services for a period of five years From the date of issue of the'completion certificate unless

, earlier relieved of this responsibility and thereupon

. ,

to transfer all such roads, open spaces, public parks _and public healrh services free of c o s ~ to the ~overnmeni 'of the local authority, as thc case may be ;

(iv) to construct at his owncost, or get constructed by my other institution or individud at its cost, schools, hospitals. corn&nity cenkes and other communiry buildings on the 1Gds &apart for this purpose, or to transfer' to the Gbvemment at any tirnc, if so

' ' desired by the ~obernmen t, free of cos t the l i d set apart for schools, hospitals, c o b u n i t y centres ind conimunity buildings, in which case h e Government shall be-at liberty to transfer such land to any person or institution including a local aurhohty on such terms and conditions as it may deem fit ;

(Y) - LO permit the Diiector or any other officer authorised . by him to inspekt the execution of thc layout and

the development wqrks in the colony and to carry out all directions issued by him for ensuring due

I . Subs~ituted by Haryana Act 11 oF1003.

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422 DEVEI.OPLlENT AND REGULATION OF URBAN AREAS (1375 : Haryana Act 8

compliance of the execution of the layout and development works in accordance with the licence grin t ed :

Provided that the Director, having regard to the amenities which exil or are proposed to be provided in thc locality, is of the opinion that it is not necessary or possible to provide one or more such amenikes, may exempt thelicensee from providing such amentities ei~her wholly or in part ;

(h) refuse to grant a licence, by means of a speaking order, after affording thc applicant an vpponuniry of being heard.

(4) Thc Iicence so granted shall be valid for a period of hvo years, and will be renewable from time to time for a period of onc year, on payment of prescribed fee :

'provided that in the licensed colony permitted as a special project by the Government, the license shall bc valid for a maximum periad of five years'and shall be renewziblk far a pihod as decided by the Government.]

( 5 ) A separate licence shall bedrequired for e'dch colony.

Bstablishrncnt '[JA: ( I ) ~ n y colbnimr whom n license h& been given under this of Fund. Act shall deposit is &ice chargesa sum 3[i such',~tc as may be prescribed

by ihe Govemkeit hoe time to tirnc, per squ& metre of the gross area and'of the covered area of all the floors in ca& af flats proposed to be developed by him into' a colony] in two equal' instarments. The first ins'talment shall be deposited within 60 days from the date of the grdn t of the license and the second instalmeit to b,e deposited within six months fromthedateofgkntofthelicense. , . , .. , . . - . .

(2) The Haryana Urban Developmeni Authority local authorities, firms; undertakings. of# Government and othcr authorities involved in land devciopment] shall also be liable to deposit the service

1. lnsertcd by Haryana Act 15 of 1984.

2. Subslitured by Haryana Act 17 or 1996.

3 . Inserted by Havana Act 17 of-1996. - , . .. -

, ... 1 . 1 , -

4. Added by Haryana Act I 1 of 2003.

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1975 : Havana Act 81 DEVELOPMEPT AND W.GULATION OF URBAN AREAS 423

charges and shall be deemed to be ' [colonizers] For this purpose only . The date of first inviting applications for sale of plots in any colony by it shal I be deemed to be the date of granting of,license under this Act for the

I ,. purpose of deposit of service charges.

(3) The service charges shall be deposited by the colonizer with such* officer ,or person as may be appointed by the Govemrnent in this behalf.

(4)' T h e colonizer shall in turn bc cntitIed to pass on the service charges paid by him to the plot holder.

d . . . .

(5) Thc amount of service chages if nor paid within ihc prescribed period shall be recoverable ,as arrears of land revenue.

1 (6) The amount OF service charges so deposited by the colonizer shall constitute a fund called the ~ a r y k a Urban Development Fund (herein'after referred to as rhe Fund) which shall vest in the State, Government.

, ,

, (7) : The Fund shall be administered by such officers of the Slate Government as may be appointed by it for this purpose.

- , , ' (8). . The amount of services chigF* deposited by the colonizers. and grm ts from the d o k u n e n t . or , , the local . , aurhority shall be.,credi ted to the ~uhd .

I .' (9 ) . TheFund shall beutiiiked by the Statc Government for the benefit of the 2[urban dkvel bpment for creati~n and improvement of urban inhtructure'in the State ofHaryana]. The Fund may also be utiIized to meet the cost of administrating the Fund. - . .

. , , .

(10)~he ~ o v e r n m e i shall publish annually in the Official Gazelp . . , fie report of the activities . . . financed from the h n d and the statement - , ,- . , ,

of accounts.] . , , .

'

'[3'8. No'person shall erect or re& t bGldings in a colony save in Ercction or re-

accordance with the approved plans and subject to such restrictions and erection of buildings in a con'ditions as are contained in the license or may be specified by the

~ovkrnhent or the ~irector.] colony.

1. substituted by llarynna Acr I? a€ 19961

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424 DEVELOPMEN ;' AND REGULATION OF URBAN AREAS I1975 : Raryana Act 8

Mainlenancr: of registers.

Cost of development works.

Auditing of accourirs.

Prohibition to advertise and transfer plots.

4. TheDirector shall mainrain such registers as may be prescribed showing suficient particulars of all cases in which Iicence is granted or refused by him and the said registers shall be available for inspection without charges by all intercstcd persons and such persons shall be entitled to have extract therefrom.

5. (1 ) The colonizer shall '[deposit thkty per centum] of the mount reaIised, fmm time to time, by him, from the plot-holders within a period of ten days of i ts realisation in a separate account to be maintained in a scheduIed bank. This amoupt shall only be utilised by him towards meeting the cost of internal development works in [he c-olony. After the internal development works of the colony has been completed' to the satisfaction of the Director, the coloniser shall be at libcrty to withdraw the balance amount. The ' [remaining seventy per cen turn] of ,the said amount sh;lll be deemed to have, been retained by the coloniser, iltler-

alia, 10 meet the cost of [and and ex'temal developmen t'works. (2) The colonizer shall maintain acqounts of thc amqunt kept

in the scheduled bank, in such manner as may be prescrjbcd ; ,',. , '

2[Provided that where the license under section 3 is granted for setting up a colony for cyber city or cy ber park purposes, the provisions of sub-sections ( I ) and (2) shall not be applicable.]

6. ( 1 ) The Director, or any other officer authorised by him in this behalf,shall be competent to inspeci ihe ccdunts maintained by the colonizer who shalI produce before him all the relevant 'records-required for this purpose. I . ' I '

. (2) The coloniser shall get ,his accounts audited;after, the close of 'every financial by a chartered accbuntant'.and shall produce a statement of &counrr, duly cepified and signed :by such chartered accountant,in themannerprescribed. ; . . , . I . ,

7. Save as provided in section 9, 3[no person including a property . . . . I . .. . dealer shaII] ,- , ,

(iJ without obtaining a licence under section. 3, transfer or agree to transfer in any manner plots in a col'oriy or make an advertisement or recej ve any amount in respect

, . , there~f ; ,. . : , I .

'

( i i ) erect or re-erect any building in any colony in respect of which a l&ence under section 3. has notlbee" granted ; . .

1. Subsiirutcd by Haryana Act L 1 of2003. 2. Addd by ibid. 3. Inserled by ibid.

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1975 : Hzrya~ra Act 81 DEVELOPMENT AND REGULATION OF URBAN AREAS 425

'[(iii) errect or re-carct any building other than for purposes of agriculture on the land sub-divided for agricultures as defined in clause (aa) of section 2 of this Act.]

l[7h.Notwithsta11dingany thingcontainedinany otherlawforthe Regisuatiflnof time being in force, where any documcnt is required to be registered under cerlain

the provisions of section 17 of the Indian Regismtion Act, 1908, purporting documents-

to transfer by way of sale or lease any vacant land having an area of less than one hectare in an urban area as may be notified specifically by the Government fi*om'time lo time for thc purposes of this section, no Registr.;ltion Officer appointed under the above said Act shall register any such document unless the trans feror produces before such Registration Officer a no objection certificate issued by the Director or an officer authorised by him in wri ti yg in this behalf, LO the effect that the said transfer does not,contravene any of the provisions of this Act and i ts rules and such no objection certificate shall be issued within njnty days of the date of receipt o i the application for the same :

Provided that-.

(a) if the ,area of vacant land, which' is proposed to bc transferred does not exceed one thousand square meters, the above said no objection certificate shall be issucd within thirty,days of 'the date of reccipt of application by the Director, where-

( i ) the land is situated in a colony for which a licence has been issued under section 3 of this Act, or

(ii) the transfer proposed is as a result bf family parfition, inheritance, succ~ession or partition of joint holdings 'not with the motive of earning profit, or '

(iii) the transfer is in furtherence of any scheme sanctioned under any law ;

(6) if the above said appl'ication for grant of no objection certificate submitted to he Director or an officer authorised by -him in writing in the behalf is not disposed off ,through an order i n wriring wj thin rhe prescribed period df nintey days or thirty days as

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426 DEVELOPMENT AND REGULATION OF URBAN AREAS 11975 : Haryana Act 8

described in this section, the no objection certificate shall be deemed to have been granted ;

(c) all applications for grant of no objection certificates shall be accompanied by the following documents :-

(i) title of land, . . :

(ii) draft copy ofregistration deed ;

(iii) an affidavit to thecffect that the site is covered under this section, if the area of Ehe land does not exceed one thousand square meters.]

Cancellalion of 8. ( 1 ) A Iicense granted under this Act, shall be liable to be licence. cancelled by the Dircctor if the colonizer contravenes any o f the

condirions of the licence or the provisions of the Acl or the rules made thereunder; provided that before such'cancellation the colonizer shall be given an opportunity of being heard.,

'[(Z] After cancellation of h e licence, the Director may himself, carry out or cause to be carried out, the development works in [he colony and recover such charges as Ihe Director may have to incur on the said development works fromthe colonizer and the plot-holders in the manner

. , prescri bcd as arrears of, land revenue. I . , .

(3) The liability of the colonizer forpay&n; of suchcharges shall noL exceed the amount rhe colonizer has actually recovered from the plot-holders less the amount actualIy spent on such development works, and that of the plot-holders shall not .exceed the amount which they would have to pay to the colonizir towards the expenses of the said development works under the terms of thc agreement of sale or transfer entered into belween them :

Provided that [he Director may,recover from the plot-holders with their consenr, an arnoun t in excess of what may be admissible under the aforesaid terms of agreement of sale or transfer.

14) Notwithstanding anything contained in this Act, afier the colony has been fuIly developed under sub-section (a, the Director may, with a view menabling the colonizer-, to transfer the possession of and

1. Substiled by Haryana Act 30 of 1986.

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1975 : Haryana Act 81 DEVELOPWNT AM3 PEGL!LATIO!4 OF URBAN AREAS 427

the tide to the Iand to the plot-holders within a specified time, authorise the colonizer by an order, to receive the balance amount, if any, due from the plot-holders, after adjustment of the amount which may have been recovered by the Director towards the cost of the development works and also transfer the possession of or Ithe title to the land to the plot-holders within aforesaid time. If the colonizer Fails to do so, the Director shall on behalf of the colonizer transfer the possession of and the ti tIe to the land to the piot-holders on receipt of the amount which was due from them.

(5) After meeting the expenses on development works under sub-sec~ion (2), thc balancc amount shalI be payable ro the colonizer.]

9. (1) The Director shall grant cxernption to a person from Excntp~ion

obtaining the licence i f he is satisfied that- Rom obbining licence in

(a) theland- ccrtain cases.

(i) had been divided into plots and more than twenty per centum oft he plots according to layout plan :

(ii) is in a compact block ; and -

(iii) is not situated withj n the controlled area ; or

(6) (i) the land does nor exceed 4,000 square metres and is situated within the limits of a municipal area, a

. notifiedareaortheFaridabadcomple~;

(ii) the amenities similar to the one existing in the locality exit or such person underrakcs to provide such amenities ; and

(iii) the size of the pIots divided or proposed to bc divided is in conformity with the gened layout of the plots in the locality :

Provided that the Director may, by an order in writing giving *

reasons, refuse to grant the exemption if he, after hearing the applicant, is of the opinion that the application has been made with a view to evade the provisions of this Acl.

(2) The application for obhining exemption shall be in such form and manner as may be prescribed.

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428 DEVELOPMENT AND REGULATION OF URBAN AREAS 1 I975 : Haryana Act 8

13) If, within a peridd of three months of the date when an application under sub-section (2) has been made to the Director, no order in writing has been passed by the Director, the exemption shall be deemed ! to have bcen granted.

Explanatio~z.- ?'he expression "control [ed area" shall have the meaning assigned to i t in the Punjab Scheduled Roads and Controlled

I I

Areas Restriction of Unregulated Devclopmen t Act, l[1963, and the Faridabad Complex (Regulation and Development) Act, 197 1 .]

Penalties. ?[lo. (1) Any person who contravenes m y of the provisions of this Act or the rules made thereunder or any of the condj tions of a liccncc granted undcr scction 3 shall be punishable with imprisonment of ej thcr discription for a !em which may extend to three years and shall also be liable ro fine :

I Providcd [hat where any of the provisions of section 9 are

contt-nvened the punishment of imprisonment shall not exceed six months.

j[(?) Without prejudice to the provisions of sub-scction (1 ) /

the Director or any other officer authorizei in writing by him in this i I

bchalf may, by notice, served by post and if a pcrson avoids service, or is not available for service of notice, or refuses to accept service, then by affixing a copy of i t on the outer door or some other conspicuous part of such premises, or i n such other manner as may be prescribed, call upon any person who has committed a breach of the provisions referred to i n the said sub-section to stop further construction and to appear and show cause why he should not be ordered to restore to i t s original state or to bring it in conformity with the provisions of this Act or the rules framed I hereunder, as the case may be, any building or 1 and in respect of which a contravention such as is described in the said sub-section has been commilted and if such person fails ro show cause to the satisfaction of the Director or such authorized officer within a peri~d of seven days, the Director or such authorized officer may pass an order requiring him to restore such land or building to its original state or to bring i t in conformity with the provisions of this Act or the rules framed hereunder, as the I

! case may be, within a further period of seven days.

I . Substituted by Haryana Acl9 of 1977. !

2. Substi~uled by Naryana ACL 1 1 of 1989.

3. Substituted by Haryana Act 11 of 2003.

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1975 : Haryana Act 81 DEVELOPMENT AND REGULATION OF UR8AN AREAS 429

(3) If the order made under sub-section (2) is not carried out within the specified period; the Director, ir any other officer authorized in

; 2 writing by him in this behalf may, himself at the expiry of the specified period, take such measurcs, as may appear necessary to give effect to the order and the cost of such measure shal I , if effect to the order and the cost of such measure shali, if not paid on demand being made to him, be recoverable frbm such person as arrears of land revenue :

Provided that even before the expiry oft he period mentioned in the order under sub-section (Z), if the Director or such authorized officer is satisfied rhat instead of slopping the construction, the person continues with the coni~~avention, the Director or such authorized officer may hmsel f take such mrasures, as may appex necessary, co give effect ro the ordcr and the cost of such rncasures shall, if not paid on dcmand being made to him, be recoverable from such person as arrears of land revenue.]

' [ll. No prosecution for any ofience punishable under this Act shall Proscculio11

+I bc instituted except with the previous smction of the Ditecror or any officer authorised in writing by him in this behalf. -

11.A. It shall be the duty of every police officer- Duty of policc officers.

(i) to communicate without delay to thc Director or any other officer aurhorised in writing by him in this behalf, any information which he reccives of a desi, an to commit or of the commission of any offence against this Acl OT any rulc or regulation made thereunder ; and

(ii) ro assist the Director or any orher oficer auihorised in writing by him in this behalf, in the lawful excrcise of any power vested in the ~i&c to r or any olher officer authorised in writing by him in this behalf under this Act or any rule or regulation made thereunder.

1l.B. ( I ) A police officer not bellow the rank of sub-inspector, Power to

shalI arrest any person who commi 1s in his view any offcnce against this anes'.

Act or any rulc made thereunder, i i the name and address of such person, be unknown to him and i f such person, on demand declines to Bve his name and address, or gives such name or address which such officer has reson to believe to be falsc.

I . Substiruled by Haryana Act 11 of 1989.

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430 0EVELOPI.ENT AND REGULATION OF URBAN AREAS 11975 : Haryana Act 8

(2) The pzrso~l so m a t e d shall, without unavoidable delay, be produced before the Magistrate suthorised to try the offence for which [he arrest has &n made ahd no persun, so mated, shall bedetained in custody for a period exceeding twenty -four hours without an order from the above mentioned Magi strate.]

Offences by ,12. ( I ) Where an offence under this Act has been committed by a cbmpanies. company, the company as well as every person incharge of, or responsible

to, the company for thc conducl of its business at the time of the commission of the offence, shall he liable to be proceeded againsr and punished according1 y :

Provided chat nothing contained in this sub-section shd l render any such person liable to any punishment if he provcs that the offence was commilted without his knowkdge or thal he excrcjsed all duc diIigcnce to prcven t the commission of such offence.

(2) Notwithsranding anything 'contained in sub-scction ( I ) , where an offence under this Act has been committed by a company and it is proved that the offcnce has been committed with the consent-or -.' connivance of, or that the commission of the offence is attributable to

any neglect on the part of, a director, Manageer, secretary or other officer of the company, such Director, Manager, Secretary or oil-ter officer shaIl also bc pro~ecd~d againsl and punished accordi&ly.

Explanution- For the purposes of this section-

(a] "company" means any body corporaie and includes a

firm or other association of individuls ; and

(b) "director" in relat~on to a firm means n partner in the firm.

Composi tinn of 13. (1)' The ~lrector may, eithcr before vr a i m thc inslimlion of ofitnces. the proceedings for prosecution, compound any offence punishable by

or under this Act.

(2) Where an offence has been compounded, the offcnder, il in custody, shall he released and no further proceedings shall bc taken against him in respect of the offence compounded.

0

Indemnity. 14. (1) No suit, prosecution or othel- lcgal proceedings shall lic against any pcrson in respect of anything which i s in good faith donc or in~ended to bc done in pursuance of this Acr or the rules made thereunder.

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1975 : Haryana Act 81 DEVELOPMEKT AND RI2GULATION OF UW.4N AREAS 43 1

(2) No suit or other legal proceeciings shall lie against the Government for any damage caused by anything which is in good faith done or intended to be done in pursuance of this Act or the rules made

1 thereunder.

15. No civil court shall have any jurisdiction to entertain or decide &r of

any question relating to matters falling under this Act or the rules made lui5diclionof

thereunder. civ i l court.

16. Notwithstanding anything contained jn this Act, any Effect ofother pemllssion already granted to set up a colony under the Punjab Scheduled laws-

Roads and Controlled Areas Restricon of Unrcgula!ed Development Acr, 1963, and the rules made thereunder, shall remain valid and be governed by the terms and conditions contained thercin. No person shall be required to obtain a licence j i he had obtained permission under the said Act and the same still subsisrs.

17. Any person who has sold or traderred or has agrecd to scll or Rcshcdons in transfer any plot for any purpose i n colony, in an area in whch the Punjnb controlled area.

Scheduled Roads and Controlled Areas ~estriction of Unergualated Development Act, 1963, was applicable, and has not obtained permission as required by the said Act, but has realised any money before the commencement of this Act from rhe plot-holders, shall obtain a licence under the provisions of this- Act within a period of three months from the dare publication of this Act in the Official Gazette of the State or such furrher period as may be allowed by the Director.

18. Nothing in this ,Act shall affect h e power of the Government, Savings.

Improvemenr Truts, Housing Board, Haryana, '[any local au thorily or othcr authoriry constituted under any law for the lime being in rorce by [he State Government for carrying out development of urban area.] to develop land or i mpose restrictions upon (he use and development of any area undcr any other law for the time being in force, Zbut such power cxccpt thc power exercisable by the Government, shall be exercised on payment of such sum as may be decidcd by the Government from timc to

I

time.]

3[19. Any person aggrieved by any order of the Dircctor or any Appeal. officer appointed by rhe Government, by notification in the Official

1. Substituted by Haryana ACL 9 of 1977. 2. Added by Hqlana Act I7 of 1996. 3. Substituted by Haryana Acr 1 1 uf 2003 and furthcr subsliturcd by utlryana ACI

5 of 2004.

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432 DEVELOPhlENf A N D REGULATION OF URBAN AREAS !I975 : Aaryana Act 8

Gazette, to exercise and perform all or any o f the powers and functions of the Director may, within a period of thuty days of the date of communication of the order to him, prefer an appeal to the Secretary to Government, Hnryana, Town and Country Planning ~ e i a r t m e n t , in such form and !

manner as may be prescribed : I

Provided that the appeal may be entenainedafter the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufricienr cause from filing the appeal in time.]

Revis ion. 20. ~ h e ~ o v e r n m e n t may call for rhe record of any case pending before, or disposcd of by, any subordinate au thori~y, for the purpose of satisfying itself as to the Icgality or propriety oi any proceedings or of any order made there in and may pass such order in relation thercto as i t may think fit. i

i Review. ' 21. The Direclor may, eithcr of his awn motion or on an application

of any party interested, review, and on so reviewing modify, reversc or confirm any order passed by himself or by any of his predecessors in ofiice :

Providcd that- I (0) When the Director proposcs to review any order passed I

by his predecessor in office, he shall firs1 obtain the sanction of the Government ;

(b) no application for revie.w of an order shall be entertained unless it is made within a period of ninety days from the date of passing of the order, or unless the applicant satisfies the Director that hc had sufficient cause for not making'the application wirhin that period ;

(c) no order shall be modified or reversed unless the parties concerned have been afforded a reasonable opportunity of being heard ;

(dl. no order against which an appeal has been preferred . shallbereviewed..

Delegation. 22. The Government may, by notification, direct that the powers exercisable by it under this Act shall, in such ciicumstances and under such conditions as may be specified therein, be exercisable also by an officer subordinate to i t .

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1975 : Haryana Act 81 DEVELOPMENT Ah?) REGULATION OF URBAN AREAS 433

23. 1 F the Government is of the opinion that the operation of any Power to of the provisions of this Act causes undue hardship or circumstances exe;empt- exit which render i t expedieni so to do, i t may, subject to such: terms and ,

conditions as i t may impose, by a general or special order exempt any cIass of persoqs or areas from all or any of the provisions of this Act.

24. ( 1 ) The Government may, by notification, subject to the Power to nmke condition'of previous publication, make rules ,for carrying out the rules. ' ,

purposes of this Act.

(2) In particular and without prejudice ro the generaIily of the foregoing powcr, such rules may provide for all or any of the following matters, namely :-

(a) fee, iom and manner of making an applicarion for obtaining licence under sub-section ( I ) of section 3 ;

(b ) form of licence and agreement under sub-section (3) of section 3 ;

(c) fee for grant or renewal of liccnce under sub-section (4) of section 3;

(d) form of registen to be maintained under section 4 ;

(e) form of accounts to bc maintaned under sub-section (2) of section 5 ;

0 manner of getting the accounts audited under sub-section (2) of secrion 6 ;

(8) manner in which preference is to be given to the plot- holders undcr sub-scction (3) of scction 8 ;

(11) form and manner of making application under sub- section (2 ) of section 9 ;

'f(i) any other matter in connection with preparation, submission and approval of plans.]

(3) All rules made under this Act shall be laid, as soon as may be afier they are so made, before thc House of the State Legislature while it is in session for a period of not less than fourteen days, which may be comprised in one session or two successive sessions, and if, before the expiry of [he session in'which they are so laid or the session

1. Addcd by Haryana ACI 11 of 2003.

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434 DEVEI.OPMeNT AND REGULATION OF URBAN AREAS 11975 : Haryana Act 8

immediately foolowing. the House of the State Legislature rnakes any modification in any of such rules orresol yes that any such rule should no1 be: made; such Ales shall thereafter have effecr only in such modified form-or be of no effect, as the case may be, so however, that any such modificaFion or annulment shall be withour prejudice to the validity of anything previously done thereunder.

, -

Rcpea I. 25, The Haqana Restrictions on (Development and Regulalion of) ~olon ies Act, 1971 (Haqana Act 39 of 1971). is hereby repealed.

Page 23: The Haryana Development and Regulation of Urban Areas Act ...416 DEVELOPMENT AND REGULATION OF URBAN ARFAS I1975 : Haryada Act 8 Be it enacted by the Le~slature of the State of Haryana

No. !,ex, 1012!~ll~~.-'l'l1c lkllIc:!vi~~g f?cl oi IIIL l.cj;isl:~i~~rc oi. 11,c SI;IIC of !

.> !laryali:i rcccivcd il!c ;~ssciil o l 111c C;I,VC~IIII~ or 1l:iry;111:1 ~ I I ~IIC 12Il1 . I~ IJ I I~~~, i 2006. :11i0 i s IJCICII) l ~ ~ t l i i i s l l ~ d l l ~ r ge~~cr i l l i~ iSor~~in : io~ l :--

"(vi) lo ii~llil sucli icrni!; and cooilii ior~s :ts may bc sj>vcii;r<l

lhy 1I1c 1)irccIul- n l llic Li~nc oi'!;i.:~ril CI JICCIICC IIII~~J!I~II ihil?icr;~l :l;r~:cnlcnt as nl:iy bc j~rcscr i~ci l : " .

3. I n scc:iun 24 o i l i lc pl.il.cipal !\cl.--.. A m c n d l l i r ~ ~ ! or rccuol! 2.1 o i

( i) 1111 sub-scciiuii ( I ) . ; !~c l '~~llowinf: si:bscclion shall bc liary:,;,;, ACI R ~ l lb~ l i l i i i i , i l , IJ;I;I;~!;.:~~~ cur 1'175

Page 24: The Haryana Development and Regulation of Urban Areas Act ...416 DEVELOPMENT AND REGULATION OF URBAN ARFAS I1975 : Haryada Act 8 Be it enacted by the Le~slature of the State of Haryana

:d , ,k , . , , s . : , , . . i : i i i 2;;-;,/;;d,c:::::::!, ~!L.C!,IY 01 order o f ally court o r l r ibunal irl- ~ j i i l c l r ! i l ~ ' ~ ~ l i ~ ~ LO :Ill: ~01:iriir); 211y l i c c i ~ ~ c Tec cllnrgctl o r ~111ipor1ing l o have bccri clr:irgcrl as per ll1c i l i i lyi i~i:~ L>cve I~op~~ ic~ i t a : l i RC~CI.II~OII o f l i r b a n Areas (:\nic~irlmcnl) Rulcs. ? O ! f i . i ~o t i l i cc l b y 1lnr)i:inii ( i r~vecnnicnl, Tow11 and Coi ln l ry I'~:III~I~IIL: l)c11arIuie1il, N<~I:~IC;~L~OII No. 9s-i7-OSl4'737. cl i~lct l t l ~ c 2 3 r d May. 2005. , ~ ~ i c l l l ~ c S c l ~ c c l ~ ~ l c [:~v,:II t~c lo tv I.,:. ;!ti;>, I)II;IIc:YJ\ ; I~~C~ I I :C I I~ C;<CCII!C~ \\:ill1 IIIC I)ircclor u r ::ny ~ i : ~ d c r i - k i ~ i g u i i l a~ i l c i l nr tlic i ~ i i i c ol!:rnilt o f liccrlcc 01- any ;iclinll !al;cn o r ~ l i i n g s clollm: o r p i ~ r l , o r l i ~ ~ g i n 11o;,c i c e t i taken or clonc hcSnrc l l lc co i i l l i i cncc i is r i l o r l i lc l l a r y ~ n n i ) c i ,e ln~ imc i t ;:id Rcgpl3ti011 o r Urhi l t i Arcas (Aii;ci~dli i i .~ir ;ilirl V ~ l i d a i i o t ~ ) :\el. 7 0 0 i . s11:li bt. dcclnccl lo be as \,slid a i ld c l l ec t i \ c as i f s i i c h I i cc~ lce fcc :\CIC cilaii2cc: i-- ;::.cordnl~cc \vi111 i h c p r o v i s i o ~ ~ s c o ~ i i : l i ~ l c i l ill I!IC Sc11ccl:ilc ;?l!pclld-.J lo i l lc i i a . y : ~ i i a l > c v c i ~ i p ~ ~ i c ~ i I 2nd Rcgi i lnl ion $31 k~:rl1:!11 !\rms 1:iiIes. ! 970 :::~(i ZI I~.~ l~i l : , lcr i~l ?~;:L~;C;III~II~ cxcc111cd \villi IIIC Vucc:or

o r ally 1:11~lcitakiiig nb~ ; l l l ~cc l ;II ~ l i c liiili. of ;;;1:11 (11' licencc sllnll b c dce~nct l l o !x ;I> \,alid i111d CTI?CTIYC :AS i l s i1~11 !h!xtcln! m,',:ci.cnt \,vcrc cuccutcd o r unt lcrtaki~ig

\vcrc IIIII:IIIIL'CI 111 : ~ r c : c ] ~ ~ c l ; ~ ~ t c ~ ~ !(,IIII tlii. I~I,J~:;II~IIS ;IS o l ~ ~ c ~ l ~ l c c i a11il \,;iIiciale[l i n

cxcrcisc nl' l l ic l~~ i i \ ' i ! ! c~ l i s col:~iiin;d i n !lie ; l ; i x y ~ i ~ i i ~ICVC~O~~IICIII ;III~ Rcgi l lal ian cir iJrli:lli ,\rr;is !;\I~ICII<~I~CIII a11~i ~\;:~litlxlic>n) ACI, 20i.15, a ~ ~ d sliall not ix cal lcd in q~~c! \ l i< i , l ~ I I ;~li!~ co181.I (or ISII>IIII:II or C>III~? :t:~li,otity :111<l n c c ~ i r c l i ~ ~ g l y - .

(I:, ,111 ~ c : i \ , ~ ~ ~ ~ x c c ~ l ~ ~ ~ , ~ ~ , t ~ r tl\k>~!:;, cl>,ix (-4 ; \ct i<>n c , ~ k a ~ ;;y 1 1 1 ~

( ~ o v c r i ~ o ~ c l ~ i ,>I 1.y n ~ i y ~ i l i i c c r 01 l h r C;ovcnumcr~i or b y nriy i~i~:Ilorilj., ill COI~IICC~II)II ~ i i i l ~ l l lc c l i a r ~ i r i ~ of IICCIICC ice, chccu l lon u T hi!sicl ;~l ,,~~:L.IIICIII a ~ ~ c l ob ta i l i i i i g o l a n y u n ~ l c r l a k i n ~ , l o r ;ill ~IITPIJSC:~ he decincd l o be all<. :n havc ;~lc,;lys bccn dniic or lnkci i .$I accordance wi th I;I\v;

( i i ) 110 su i i or otl lcr ~ p i u c c c ~ l i ~ i ~ : ~ sliall be m,lintained o r conl i i lucd i n al ly c u i ~ r l c1i hclorc a~, i l lcx i iy ior i i i c r c l i ~ n d o f any si lc l l I ~ c c n c c k c so cl inrgcd allt l ibr ~ ~ i ~ l l i i i c a l i o r i o f b i l a le ra l

; :~rccnlc l j l csccnicci a11d ~ i : l i l t .~ lah ing oblsii lcd; a l ~ d

Page 25: The Haryana Development and Regulation of Urban Areas Act ...416 DEVELOPMENT AND REGULATION OF URBAN ARFAS I1975 : Haryada Act 8 Be it enacted by the Le~slature of the State of Haryana

SC:'! ll:lliJldl.:

:t:~!::!; :?( li<:<:~~ce rcc p(,r y,i-,i!x> ;tt 7':

(r,.,. ,..,. , o . ! i ~ , u l I ! r ~ , III:!~ tr!!i!!<!r.i :!;

\. hc.r;::i !<:!IIIC ( 7 1 ' i i l c ~ I c ! ! c ~ l L i r o ~ ! l ~ i~ ,~ !~~, !~ l : !c~ i : ! l l l : l '~~~.l~bvc r1.s~l~oci ici>::::usban culolly I loui i t ig o r ~ i c c cot;.,!>!ci dalc

:!,c:i colo:;y ;I: rcsidcul~;!! scc1ur

I 2 3 4 5 6

(: ,I I , : I Its. i lac I'.s, I .? Inc ( i ) R?.. ' O i:lc fi,r 2"/0 lU111 April. 3.cd l ':,ocI~k~~la sci:~,>- *.ru3 2003

i i l i It:. ' 5 1.x i'or I'LL .. , . .,,.<.lor :\rc:, (T(>I 175 I l o n i ,\rca 1<311c1)

( i i ~ ) l<s. 7.5 1:1c (r,.,, ;I~!II 1x1 I:I,>,I~ Arc;, l ta l io j

3) S ),ICI>:II, I ' ~ ~ ~ ~ i ~ ~ ~ i 1 , 1:s.l I : I ~ I<!;, 1.7.5 I:IL !<!;,I5 l:i:

iii:wcr;l,, ~I.II~:~IIIIII:,;\I!~

' ( ) # I ) I : I ! : I Its. 0.25 \:LC i ts.iI l i i1 iac Its. 5 !:,.L

- .- F ~ I - i s ~ ~ l u s ~ r I ; ~ l co l :>~~i rs

--

S:,I:I; S~I!IC C I C IIIC I(!\\,I~/IIs~>~~II :~rc,t R a l c : ! l l ! l i l h ~ ~

.-

I 3

i (ij tillr;soii l'o\rii, Gurga011 1)rlnck of GUSE~ICI~~ I11s i l i c I (cxccl': h4:iticsai). Fnr i i labad. U a l l a b g : ~ s l ~ st111

Li:~ll;~b!:aili block or !:;lrid;tba~l l7 is i r ic i T(b.0.50 lac

Page 26: The Haryana Development and Regulation of Urban Areas Act ...416 DEVELOPMENT AND REGULATION OF URBAN ARFAS I1975 : Haryada Act 8 Be it enacted by the Le~slature of the State of Haryana

~~ ~

I<, ,<,.,:.:! :\.:,,;,c c n i 111, ljl,*il<,; (;i<!,lj, r ',,,,:!:v,,.:,,!l! i i l l l .< t , i ,c j , , ~ ~ ~ ~ b e . r l o ~ ~ x z ~ ~ l ~ r l ~ : ! ~ ~ coinli) i loi l i i i l i ; opiic:. c(1,1)1lcx d31c

i!;e3 colot:? i n r ( .~~ [&~ l l l l l i l l CCC'". ~, -.-

I 2 I .i 3 - 6

(I! Gurgaon, Fnridab:td Ks, I Isc I?s. 1 .?5 lac ( i ) R:.. 50 la,: Tar 2% 22!d Kovmnki; znd l ' ~ . i ~ c l ~ k ~ ~ I : i SCCIUI arc1 2003

oil) Soiicpnl, I';ii~~pnl, INS. I I;IC Rs. 1.25 i:;r I(s. I 5 lac ? v l : ~ ~ ~ c s : ~ ~ , L3::hxl~~~;:~rl,

(1:) I l a b ~ c l ~ i r ~ ; ~ r i l , K~tir(lii, I';~:iip;~t -['o!z::; ,111tl III~~IISI ,

i v l ~ ~ ~ l c l ?\>\:~I~!II~I :vl:!i~cs;i~ Rs. 0.20 lac

(:. I I ~ J l<[!~ii;~ii~!;~:, IW~!I~S I I I ~ >;t:~tc: IKs. 0.05 lac -- ... -- . . . . .- -- -- - .- -- -- - -- - -- -

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, I ; G u r ~ a o n , i::iri:labsd Its. I l::c lis. 1.25 ihc ( 1 ) i l . I.(!ll crorc (lbr 175 19111 May, :XKI l?~~!cI~k.ui;t I'loor ;\icn R;>lio) 2004

(11) G ~ ~ r ~ : ~ o n - M c ! ~ l ; i u l ~ I i s l i ;~c its. 1.25 lac Rs.I.5 crorc (lor 1?5 Sci~edulcd load Floor Arm lC:il!uj

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I 2 IlrU?YANA I jOVT. <;A%. [EX-l'l<t\.). AI'R. 3. 30[17 {CII'I'K. 13. 1929 SAKA)

hn~rrlt l~ncnr of 3. In S C C L ~ O ~ 3A of the principi~l act)^ scciion i,'$ of Ilarynrlrr A c I X ~r 1'175. {i) in sul.1-scctions ( 1 ) . (2). (3). 14}:niil(S), Tclr thc ~vcrl,rls "scr vicct.h:~rg~s"

\vii::i-cvc.~ t,ect~l-i~!g, ~ltc cvcr~i is "itlf::ts!~ uctklr:: :!cvoloptrlcnr cl~srgcs" shall IIC sui~s~itr~tctl;

(i i? for sub-sectiuns (6). (7), ( 8 ) and (9). thefc~lli~sving 5th-sections shnll be: substiruted, nan~ely :-

"(6) Thc amount of infrastructr~rc de$.clopmcnt charges so deposited by Ihc colunizcr atlali consliiulr; ;I fund c:i!lcd thc Fund for devcfopmcnt of' majar infras:rucurc ~n> j cc t s in thc State of flaryana (hcreinai'tcr rcterred to as ~ h c Fund).

i 7 j 'Tire Fun6 siiait bc ;triministcicri by a i-iigh Fosvcred Con~miitcr as mil). Iw constit~ltcb by thc !;t:tic Gavernt~~ent for this pul'posz.

{S) The :tlnoun( of inlia\;cruclum dcvclnj)rnent charges dcposircd by the culoni7.c.r~. loans and grnl~ts f'rcm rhc CcntralfStaic Govcrnmcnr, or the Inca1 :rurI~r)rily, nr Infins nrtd grants frnm national/ inicrnnliunnl fill:rnci;il ins~i:lriinrr!; and arty clr!~or rnc)licy frnm st;ch sourcc as ttlc Stat?; Ci~vct ~ l ~ i l c l i i 111i1y tjccidc. sII:LI\ be creditcd to the 1:ultd.

{ Q ) T\)c I:LIINJ 411nlI be u~lllaccl T o t , l11c clr:veluplz~c?~l r)f major infrasrrtrcturc projccrs In tile Stnic of iiitrynna. 'file Fund rliay alsa !>I? i11111xt:d i t1 111tlel lhc ~I>,<I ( k t - n f in i in~~- :111~ !I>+: V I . I V ~ . ' ' ,

I R C C ~ ? :CI:J ... , # , 11, % I --- 3 ~ r c iiirryana Uzvctopn~ztlt :and Kcgulatiutl t ~ t * Urban Arcas <>'!!!2

I ~ , . < ~ S I L I I L ~ I I ~ G ~ ~ ~ ~ 5 4 d i f j i - . : ~ ~ ~ , ZGGh i i idi y-aita ~ . j G a f ~ ~ l i ~ c .j o[ ' -" ' '* ~vuur. is i~etcty

\ rcocafcd.

(12) Nt)twitllstanding silch rcpcai, anything donr: ~.lr* nrly action t :~kcn principal Act. :IS ame~~ilzd Ily l i l t said Ordiniincc, sl~all bc dccmcd ro rjnr~c i w t : l l i P l ~ I I I I ~ C I , I I I ~ : [ I ~ I I I ~ I ~ G ~ th.*t, :IS ; I ~ ~ I C I I , J ( : , ~ 1 2 ~ 1 1 ) ; ~ A C ~ .

M. 5 ! lI..l,?,R,

Sccrct;try to (>:lvcrnmcnt. Haryana.

Lcgislr~rivt: Dcj~nr~i~;etlt.

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