153[(1) After the colony has been laid out according to approved layout plans and development works have been executed according to the approved designs and specifications, the coloniser shall make an application to the Director in Form LC-VIII alongwith a demand draft on account of Infrastructure Augmentation Charges as per the rates prescribed in the Schedule-B of these rules if not paid earlier in accordance with the provision of Section 3(7) of the Act.]
(2) After such 154[scrutiny], as may be necessary, the Director may issue a 2[completion certificate/part completion certificate] in form LC-IX or refuse to issue such certificate stating the reasons for such refusal:
Provided that the colonizer shall be afforded an opportunity of being heard before such refusal.
155 [16A. Exemption from payment of Infrastructure Augmentation charges.—(1) Any coloniser seeking exemption from the payment of such 152 Substituted by Haryana Govt. Gaz. Notification No. 5DP-2000/9293 dated 17.6.2000 153 Substituted by Haryana Govt. Gaz. Notification dated 30.9.2011 at page 3121 154 Substituted by Haryana Govt. Gaz. Notification dated 24.12.1982 published on 18.1.1983 [57] Infrastructure Augmentation Charges, shall submit a certificate regarding having restricted its profit-margin to fifteen percent from the licence project, in accordance with such condition imposed in the bilateral agreement at the time of grant of licence, alongwith all necessary documents e.g., audited book of accounts for the project, a certificate to this effect from a Chartered Accountant, etc. to the satisfaction of the Director.
(2) The Director shall consider all such requests based on their individual merits and shall decide to conduct an independent audit of books of accounts by any independent agency of its choice. After satisfying itself about the merits of the case, the Director shall decide as to the grant of such exemption from the payment of Infrastructure Augmentation Charges or refuse to issue such exemption, by means of a speaking order, after affording the applicant an opportunity of being heard.]
156 [17. Transfer of licence [Section 24].— [(1) The colonizer may transfer the licence granted to him under rule 12 to any other person with the approval of the Director by making an application to the Director along with administrative charges at the rate of ten percent of the fee prescribed under rule 3 for issuance of such licence, as applicable at the time of making an application for transfer of licence:
Provided that in case part of licenced area is proposed to be transferred, the administrative charges shall be levied on only such part of licenced area, which is proposed to be transferred.
(2) The Director, after receipt of such request for transfer of licence shall examine the matter on merits and may grant in-principle approval for transfer of licence or reject the application.
(3) After in-principle approval by the Director under sub-rule (2) above, the proposed transferee of licence shall submit the documents and fulfill all the terms and conditions laid down in the approval letter within ninety days from the issuance of such approval, which shall be considered by the Director, and if satisfied, may grant final permission for transfer of licence. The Director may also extend the time limit of ninety days for a further period of thirty days, if he is satisfied with the reasons given by the proposed transferee for delay in fulfillment of conditions within the prescribed time limit of ninety days. After expiry of this period of ninety or one hundred and twenty days, as the case may be, if the documents are not submitted or the terms and conditions are not fulfilled, the in-principle approval shall lapse and the administrative charges deposited by the applicant shall be forfeited.]
155 Inserted by Haryana Govt. Gaz. Notification dated 30.9.2011 at page 3121 156 Substituted by Haryana Govt. Gaz. Notification No. PF-51/54050 dated 11.10.2013 [58] 157 [17A. Migration of license from one use to other use.—(1) Any coloniser and/or developer granted licence under section 3, on payment of the outstanding renewal fee with interest upto date, if any, with the prior permission of the Director, on such terms and conditions as may be determined by him, may migrate from any existing licenced project, partly or fully to any other category/categories of licence, but is limited in scope to the existing land schedule:
Provided that no third-party rights have been created in the colony.
However, in case the same have been created, then migration to other category of licence/land use shall be allowed, as per the formulation specified in this regard, with the consent of the allottees of the colony, which shall be deemed as non-creation of third-party rights to the extent of said part of the colony:
Provided further that the area over which third-party rights have been created shall be in a compact block. If area over which third-party rights have been created is scattered over the licenced area then, the coloniser shall submit consent of the individual allottees for making it in compact block along with a detailed scheme of the relocation within licenced area.
158 [(2) The licence fee, State Infrastructure Development Charges, conversion charges and external development charges, including interest paid thereon, for the area under migration may be adjusted, firstly against the fresh license to be granted upon migration, and balance in any other licence of the same developer/ colonizer. Further, if there is any balance remaining, even after such adjustment(s), then the same shall stand forfeited. The developer/colonizer shall not be liable to deposit the unpaid interest amount on external development charges and State Infrastructure Development Charges of the existing project from which he wants to migrate.
(3) For the fresh licence to be granted upon migration, all fees and charges shall be recovered at current rates. No interest shall be payable to the developer/colonizer on amount already deposited with the department.
(4) If the colonizer opts to migrate part of his colony area to any other category of licence, the area norms of the part of colony retained under the existing licence would be deemed to be in relaxation of the applicable area norms prevailing at the time of grant of original licence. However, the applicable area norms, parameters, sector area limits, viz 20% for group housing, 3.5% for commercial etc. shall continue to be applicable on the colony part being migrated to a different category of licence, i.e., the part of colony that is considered for migration to a different category of licence shall be 157 Inserted by Hr. Govt. Gaz. Notification No. PF-69/2016/23910 dated 31.10.2016 at page 5924 158 Draft Rules substituted vide notification no. PF-69/2021/12982 dated 03.06.2021.
[59] independently eligible for grant of licence (including additional licence) under the prevailing policy parameters for such category of licence applicable as on date.]
159[17B Surrender of Licence —(1) Any colonizer granted licence under section 3, on payment of the outstanding renewal fee with interest upto date, if any, with the prior permission of the Director, on such terms and conditions as may be determined by him, may surrender any existing licence, either partly or fully:
Provided that no third-party rights have been created in the colony.
However, in case the same have been created, then surrender of licence shall be allowed with the consent of the allottees of the colony, which shall be deemed as extinguishing of third-party rights to the extent of said part of the colony:
Provided further that the area over which third-party rights have been created shall be in one compact block. If area over which third-party rights have been created is scattered over the licenced area then, the colonizer shall submit consent of the individual allottees for making it in one compact block along with a detailed scheme of the relocation within licenced area.
(2) All such surrender of licence application submitted under sub-rule (1) shall be accompanied by the following documents:-
(a) declaration pertaining to third party rights and such corresponding area;
(b) declaration pertaining to whether internal development works are undertaken at site and where undertaken whether site restored to its original state i.e. before grant of licence.
(3) The scrutiny fees, licence fees, conversion charges, infrastructure development charges, principal as well as interest till the filing for surrender of licence complete in all respects, qua the part of licenced area being surrendered, shall be forfeited.
(4) External Development Charges (principal amount and interest) being a user charge shall be refunded/adjusted, if any of the services have not been availed by the colonizer. The colonizer shall have two options for the surrendered area qua External Development Charges when he applies for surrender of license:-
(a) The colonizer may get 85% of this amount of External Development Charges refunded.
(b) Get 100% of the amount refunded without interest but only upon a new license being granted in that particular sector. In such case, the External Development Charges to be demanded in the new license 159 Final Rules inserted by Hr. Govt. Gaz. Notification No. PF-115/2020/12946 dated 24.07.2020.
[60] shall have to be more than or equal to the External Development Charges to be refunded in the surrendered area of the license.”
Provided that External Development Charges shall not be refunded/adjusted, if any of the services has been availed by the colonizer, irrespective of the proportion/extent of the services availed. Further, any such refund/adjustment of External Development Charges in partial surrender of licence shall be subject to the condition that no service has been availed for the original licenced area and further External Development Charges shall be refunded/adjusted only in proportion to the land applied for surrender of licence.
(5) In case of revision of layout plan on account of only part of licenced area being surrendered, all necessary formalities pertaining to change of layout plan, fees inviting of objections and suggestions as per the prevailing policy instructions for revision of layout/ building plans, as amended from time-totime, shall be followed.
(6) If the colonizer decides to surrender part of the licenced area, the area norms of the part of colony retained under the existing licence should fulfil the applicable area norms for grant of such licence”.
18. Cancellation of licence [Section 8(1)]— (1) If the Director determines at any time that the execution of the layout plans and the construction or other works is not proceeding according to the licence granted under rule 12 or is below specification or is in violation of the provisions of these rules or of any law or rules for the time being in force, he shall by notice in form LC-X require the colonizer to remove the various defects within the time specified in the notice.
(2) If the colonizer fails to comply with the requirements detailed in the notice issued under sub-rule (1), the Director shall issue him a further notice in form 160[LCXA] to afford him an opportunity to show cause within a period of one month why the licence granted should not be cancelled.
(3) After hearing the colonizer and considering such representation as he may make the Director may either cancel the licence or grant him further time for complying with the requirements of the notice issued under sub-rule 1). If, however, the colonizer does not comply with the said requirements within such extended period, the Director shall cancel the licence and thereafter, 161[within one month], shall cause a proclamation made in the locality about the 160 Substituted by the words “LCXI” by Haryana Govt. Gaz. Notification No. 3984 dated 7.3.2012 161 Substituted by Har. Govt. Gaz. Noti No. 5DP-94/13852 dt. 16.12.1994 published on 21.2.1995 [61] cancellation of the licence by beat of drum 162[within thirty days of cancellation of licence.]
(4) On cancellation of the license, no further work shall be undertaken or carried out by the colonizer, 163[(5) Deleted.]
164 [19. Action to be taken after cancellation of licence.— (1) Upon cancellation of the licence, the entire land/ building of the colony shall be deemed to vest with the Government. The Director for the purpose of taking possession or control of the assets, request, in writing, to the District Magistrate within whose jurisdiction such licenced land/building is situated, to enforce complete ban on further alienation of assets by the licencee and take possession thereof, and the District Magistrate shall, on such request being made to him hand over the possession of such land/building to the officer designated by the Director for the purpose;
Provided that for the purpose of securing compliance, the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary.
(2) For the purpose of sub-rule (1), the Director may either himself or through a third party agency identified by him, in order to protect the interests of the Government, as well as the public in general, may take following action, including but not limited to, a) bar the coloniser or developer concerned, including its directors or partners in case of company or firm from grant of any licence permission, as the case may be;
b) evaluate the extent of development works already undertaken or pending;
c) get audited statement of accounts of the project including complete details of receipts and expenditures of the project;
d) take measures to inform the allottees to not pay any further amount to the coloniser;
e) seek any other information pertaining to the licencee from various Government agencies including banks.
(3) Notwithstanding the actions initiated under sub-rule (2), simultaneous inquiry shall be initiated by the Director, either himself or through a third party agency identified by him, for assessment of claims and liabilities against the licencee, including but not limited to, 162 Inserted by Haryana Govt. Gaz. Notification dated 24.12.1982 published on 18.1.1983 163 Deleted by Haryana Govt. Gaz. Notification No. GSR-53/H.A.8/75/S-24/87 dated 16.6.1987 164 Substituted by Haryana Govt. Gaz. Notification No. GSR-53/H.A.8/75/S-24/87 dated 16.6.1987 and further substituted by Haryana Govt. Gaz. Draft Notification No Misc-2218-II/2019/20083 dated 20.8.2019.
[62] a) creation of third party rights by the licencee, if any, and detail of receipts of amount from the allottees, b) claims of collaborators or land-owners, if any, c) loans, Mortgage of land/ assets, pledge of shares etc. by the licencee, if any.
Provided that all such claimants shall be required to file their claims, if any, within a period of thirty days from the date of inviting the claims by the Director:
Provided further that in case the Director is satisfied that no third party rights have been created by the colonizer, and accordingly no claims and liabilities against the colonizer deserves to be settled, no further action regarding development of the colony may be initiated and any action initiated under subrule (2) may be withdrawn after imposing such restrictions as determined by the Director on further grant of licence to the colonizer. No further action under sub-rule (4) onwards shall be required in such event.
(4) Upon completion of such inquiry, the statement of assets and liabilities shall be published by the Director on the website of the Department for general awareness of all concerned parties, and for seeking objections and suggestions, if any to be filed within thirty days from the publication of such statement. After considering all such objections and suggestions, a final statement of assets and liabilities shall be published by the Director on the website of the Department for general awareness of all concerned parties.
(5) After completion of inquiry and action under sub rules (2), (3) and (4) and without prejudice to the provisions contained in any other law for the time being in force, the Director may, for the purposes of completion of project, invite bids from third party entities including but not limited to developers or Banks or financial institutions to take over the colony or part of it along with such assets and liabilities and honour all such existing contractual obligations of the defaulting colonizer, as indicated in the bid document to be issued by the Director for such purpose:
Provided that the Government may decide to hand-over the colony to any State agency including but not limited to Haryana Shahri Vikas Pradhikaran or Haryana State Industrial and Infrastructure Development Corporation Ltd etc to take charge of all the assets and liabilities of the project and honour all such existing contractual obligations of the defaulting licensee, either before or after going through the bidding process:
Provided further that any action under taken sub rules (2), (3) and (4) do not succeed on account of limited viability of the project, the Government may, based on a technical feasibility report prepared by the Director on case-to-case basis, consider grant of relaxations, viz., extra Floor Area Ratio, ground coverage, etc, to be utilised either in the said project itself or as a Transferrable [63] Development Rights to be utilised in a separate project, subject to such terms and conditions as may be specified.
(6) Upon signing of a contract for taking over of the colony on as-is-whereis basis, by the Director with the successful bidder, the ownership and possession of land shall be got transferred in favour of such bidder, who shall for all intents and purposes be the colonizer.
(7) Notwithstanding sub-rules (2), (3), (4) and (5), in case all attempts to revive the project fails, the project may be scrapped and the outstanding dues of the Government as well as payments made by the allottees to the colonizer may be recovered through sale of assets of the colonizer as arrears of land revenue.
In case the recovered amount is less than the combined figure of all liabilities, the amount shall be distributed proportionately among all such stakeholders.
However, any excess recovery shall be deposited in the Government treasury.
Explanation: The term ‘alienation’ shall be all-encompassing and shall be construed to include transfer in any form, including, sale, allotment, lease, agreement to sell, gift etc.]