(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 of sub-section (1) the State Government or any officer authorized by 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 implementation of 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 assistants orworhen for ascertaining whether the provisions of h e master pIan are being or have been implemented, or whether the deve!oprncnt is beingor has,been carried 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 registered office or at its principal ol3ce or place ofbusiness and is either-
(i) sent by registered p ~ s t ; or rig delivered at the registered o a c e or at the principal office or place of business of the company ;
(8) where the person to be served is a fm, if the document is addressed to the h at its principal place ofbusiness, identifymg it to the name or style under which its business is carried 011 and is eithcr-
(i) sent by registered 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 registered post ; 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 conspicuous part 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 registered 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. 1
(4) For the purpose of enabling any document to be servd on the owncr of any property the Secretary to the Local Development Authority, may by I 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 family within the meaning of ths section. \ Pub tic 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 advertisement in a newspaper having circulation in the locality or by two or more of these means, and by any other means that the Secretary may t h k fit.
?
Notices etc. to 103. Where any notice, order or otber document issued or made under fix reasonable this Chapter or any rule or regulation made thereunder requires anythmg to be time. done for the doing of which no t ime 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 I Haryana Act 131 URBAN DEVELOPMENT AUTHORITY
104. Nothing in this Chapter shall apply to- 103 Savings.
(n) the carrying out of works for the maintenance, improvement or other alternations of any buildings, being works which affect only the interior of 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 operational constmction including maintenance, development 'and new 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 required for the purposes subservicn t to agriculture ;
(el the excavations including wells made in the ordinarycourse of ' 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 building or class ofiands orbullding from all or any ofthe provisions' buildings, clc, of this Chapter or rules or regulations made thereunder.
1 06. (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, if at 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 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 -7 I not compulsorily acquired the owner of the land may serve on the State Government a notice rapiring his intaes t 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 DEVELOPMENT A 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-an open space or unbuilt upor: or were not designated as subject to compulsory acquisition.
Power to makc 107. (1) The State Government may be notification in the Official Gazette rules fur make rule for carrying out the purposes of this Chapter.
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 following mattcrs, namely-
(a) the levy of fee on a memorandum of appeal unaer sub-section ( 5 ) of section 8 1 ;
(b) tbe procedure to be followed by the Chairman in the determination of 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 n as 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, extending in its one session or more than one successive sessions, and shall, unless some Iater date is appointed, take effect from 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 108. (1) The Local Development A.uthority may, with the previous rc~latiom for approval of the State Government, may make regulations not inconsistent p u ~ o s c s of with this chapter-and the rules made thereunder, for the administration of the tl~is Chapter.
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 Development Aulhoirty,, the time and place where sucb meetings are to be held, the conduct of business at such meetings and the number of members necessqto form a quorum therear ;
(b) the powers and duties of the ChiefTown Plmer, Chief &peer, I 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~a Act 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 register of application for permission and rhe particulars to be contained in such register ;
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 inspecQon or obtaining copies of documents and maps ;
(i) any other matter which has to be or may be prescribed by regulations.
(3) Until hca l Development Authority 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 Development Authority concerned in exercise of its I powers under sub-section (1).
109. Tbe hcal Development Authority rnax with the pevious approval Power to make of the State Government makebye-laws consistent with t h i s Chapter and the bye-1816 far the rules madethehereunder, for canying outtbe purpose ofthis Chapter in re~pect pU"DSeS of this Chnpter. of any matter affecting the 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) of section 8 I shall bemade and the particulars to be furnished in such applications ;
(b) the terms and conditions referred to in section 82 subject to which the user of lands a d Guildings in contravention of plans may be continued ;
(c) the grant of Iicer~se to 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 of buildng 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 byelaws.
Contribution of 110. The h c a l Development Authority s halI deposit fifty percent of the Local Dcvclop- sale proceeds of the plots, sites or developed land, sold through open auction men' Autho" in the Stare exchequer in the manner as may be piescribed.
to Slarc exchequer.
nissolution of 111. (1) Where the State Government is satisfied that the purposes for Develop- which the Local Development Authori ty was established under this Chapter """' Auihority. have been substantially achieved so as to render the continued existence of the h l Development Authority or ic the opinion of State Government i t has become necessary to wind up an existing Local Development Authority thc , Government may, by no!i£ication in the Official Gaiztte declare that the Local Development Authority shall be dissolved with effect from such date as may be specified in the notification ; and the h a 1 Developinent Authority shall be deemed to be dissoIved accordingly.
(2) From the said date-
(a) allpinperties,fundsanddueswhicharevestedh,ormIisable by the Local Oeveiopment Authority 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'enforceable against the Statc Government; and (dl for the purpose of carrying out any development which has not been fully carried out by the h a 1 ~eve lo~men t ~uthori ty and for the purpose of realisingproperties, h d s and dues refe~rerl to in clause(a) the functionsof the Local Development Authority shall be discharged by th.c StateGovemment.
1977 : Haryana Act 131 URBAN DEVELCIP~ENT A C T I I O R ~ ~ 1 U?
11 2. ( 1) All references by the Local Development Authority to the Relationship of State Government under this Chapter shall be routed through the Directol; Hdr~dlla Urban Town and Country Planning, H q a n a . Develoymrni Authority and
(2) The State Government for all intents and purposes of this Chapter ~,,,l ~,,,~,p.
sbll be the Government in the Departr,~ent of Town and Cocntry Planning. min t huthorG with the Slate
(3) !immediately afler the constitution of the Local Development Goven,mco [, Authoritj all smof I I q c i n n Urban Development Authori ty service p 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].
flAKYANA (;C)V'I'. CiAZ. ([iXI'IIA.). NOV 8. 2004 305 I(X1'K. 17, 1920 SAK,\)
PART I I.EGlS[,ATIVE DEP4R.L'MENT Nolilicalio~~ The 8il1 Nilvclnber. 3004 c - No. Leg. r5!2004.-?'he io;loi~!inr A:! \if :he Lepi.:l;iiurc {if the Ilarw;lrl;~ ,i ct "rn 2.3 of 2004 ILARYANA ZIRB,\N DEWLGI'MENS A1 THOIU'D, (SECOND AiilENDIMF.Yl') ACT, 2004 t\u A[-r ii,riher lo anlend !lie bIdryc~no 1J16on Dr~~elopmen! .iu;hurih; :icr, ! e. ' : . .
i3c it cn;lcied b) rhe Lzgisl;!~uizof the Slate of H;ir$ann 1.1 :I:.. i'iil :.;i:ih Yc;ir ii:;,~,. i.epubIic oclndia os fo1la.x
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~yalia 1irns11 !>~velop~nc~ir Auth,,riiy Act, 1477 4mc11 i lmrn t or (I~crri.i~lic; called (lie princillalAct).~-- C h a p l e i ii;<ry;~na it I I l i i,!
5) for the words "stctor de~icloprnc~~t ;~ian(s)" iillere\,?~ i>ccu~riog, 1971.
the ~vords and h!gn "sert~~.. . : :on;~l :i:.,,c!oprnent piants)" shai! IJC s>.ll>s.i::,?-,:
: : fiii- ;j;c ivord "sccrni-(s)"~~~h~:~~:~. .~r oriurriny. I I ~ L \~ /o~ t I i i:~?d "sacii\~isj!z~~ne(sj" shill1 bc !:,:bsulil!ed.
3. For i.:ih-sr:ctlo:i ( I ) of saclir,n 62 of the p:inc~pal Act, tllc f r .~l lowi:~~ A m c l ~ ~ l n c l i l 111 sub-seclior~ shnii be substituLed. ~naniriy acriioo 62 iif I iarjana Acl 13 o i I???
" ( 1 ) I f in tile o~>iilioiint'the SiatcCiown~mrni any arc.] wiii~in (11::
Statc rzqu1rr.s 111tegra::d plalu~ctl devrlopl'~r;il. I [ Irlai. by noliticafinn.
declan: sucli alea ic i>c local jer:<lupmcnl area :>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~icipal Coqlr~ralion, ihc coli~rollzd area 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 of 1994) or any otlier arcs wliich irk the opinion of the Sta!e (;overmiriit is likely to be dsveiop,-<l ".
.~. . - i.\dicndrneni o l 1. In sub-sectlon I I ) nf s r c l i o ~ ~ 63 o i rhr princ~yirl Act, -- sc/ ion 63 ui &iijg.lor Ack 13 (i) for c\allse (b ), iiw following cla:lse shall be s~ihstihited.
$f..l977. .. namely .c. ~ . .. .~ "(b) a wlrole Limr Vice-Cliairni2n no! below t l h - rank of Coim~issioncr sewing or re!::::.: I - - he appointed by the Cio\rn,~rneiiL:":
... :=: z;:;:.. ~.
=-..
5 - (ii) clause (h) shall bc omincd: -. E$ =r7. [iii) for clause [j). tile folio\vu~g clarise sllall be subsliiutsd, ~ ~ l : i i . , i j :
j Mayor of 3 Munirip:rl Corporatio~~ aud in case ot I: ~:::,::ipai coni~nittee/cn~.~i:.:il. ?hc pi-csidcnt, ex-oflicio;".
- - - %:<$mi.ndrnclli of 5 . In scccririii ti7 of thr principal Acl;~- .
=jcclion -~ 67 ol ..~ - L!!aryaus Act 13 !I) !i:;:.i:b-section (2). the f o l i o ~ v i ~ ~ g sub-section shall be subri:iti . . ' Eof ~.. ~ 1977 I ~ ~ I c I ~ . , : .- 6, For the existing Note to srcticn 77 of the piiiicipal Act, the folluwi~ig Notc r cc l i o l l 7'; or 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~trolieli Arras j!:sl!iciioi: :I! ii:x::gl;~:cd Dev~~~:p!lieni hcl, ic'.G3 (41 of 1903) or ~indcr section 2:) ol'thc crstwl~ilc 1:aridabad Complex (Kegulatioi~ a d Developniel~l)Ac~, 1971 (42 of 1971) or under scclioii . .. >;o of iiic i iiiiy:>iiil \iirllicipi~i i '0il i i . i i i i i l) l i :%CL, I r~ii4 i I Ll of i')ij4); ~ i i ~ l i l hr deeoicd to he iiiasrrri,lsll ~!ridel.srr:riaii 73 h r thc local deue!n!l!nent arca forming pan 01' thc conlroiicd area cierlarcd under \he ahresaid Acts ; L I I ~ l t~e salnc shnll be in!c!:ia!,:d lo!:, i l i ; . ntostrr plan of the local devclopnient area. " ... ~ .. . ... . . . .~ .. .
~ - FIARYANA GOVT. GA7. (EXTRA.). NO\! 8. 1004 307 4KA) -- - ~ $7,iJnsectior! . 85 of tlle principa1Acl.- An~cnilrnt:n: o f .- ..
r.=-. .- L C C I , O ~ , B S %=:~. :.=:. .. : ... ~. (I) in sub-sectlc>i ( 4j.- Ht t i y i \~ ja C I 1 3 0) for clause fa) , tlie following claose shall 'bc substituted, namely :- ~' (a ) Fr01n the dal r of [lie consli lution of :l 1,ocal Dcvelopmenr Ai~lhorlly for n local dc\;eloprnenl arm.
falI111g within the jurisdiction o f a hdunicipal Corporotio~i and tlic cclnt~olleti arcn declare~iunder thc r rs t~vhl le Faridilbad Complex (Regulation and Development) Act. 1971 (42 of 1971 or under the Huyana biuiiicipal Copolation Act, 1994 i I6 of 1994);
the Con~rnissioner. Municipal Corporation shall czasi:
i c l exercise powers undcr the provisii~ns o l scctioos 346 ro 3 9 of tkc Haryana Municipal Coq~orat~oni ic l , 1!194 (16 o f 1994). and all acts (Ions hy 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. ":
[ i n claase ( b ) , for the words "Fitridnbnd Compies Adminis~ration", dl? words "Ml~iiicipal Col~oralion" shall bc sohstitored;
r .
(ii) in suh-szcrion ( 5 ) . for thc ~uordc"iuun1cipa1 comrruticc"occurrii~g . .
twlctt, tlie words and slgn "m~uucipal c u n ~ ~ ~ u l t e e i co~incil" sliall hc
(lxxi) Haryana Government Gazette EXTRAORDINARY Published by Authority © Govt. of Haryana No. 130-2019/Ext.] CHANDIGARH, FRIDAY, AUGUST 2, 2019 (SRAVANA 11, 1941 SAKA) LEGISLATIVE SUPPLEMENT CONTENTS PAGES
PART&I ACTS THE HARYANA URBAN DEVELOPMENT AUTHORITY 199 (AMENDMENT) ACT, 2018 (HARYANA ACT NO. 28 OF 2019).
PART&II ORDINANCES NIL
PART&III DELEGATED LEGISLATION Lka[;k lkådkåfuå 32@lafoå@vuqå 309@2019 fnukad 2 vxLr] 2019- 343—394 gfj;k.kk flfoy lsok ¼vuqdaik foÙkh; lgk;rk ;k fu;qfDr½ fu;e] 2019- ¼izkf/kd`r vaxzsth vuqokn lfgr½
PART&IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS NIL HARYANA GOVT. GAZ. (EXTRA.), AUG. 2, 2019 (SRVN. 11, 1941 SAKA) 199
PART-I HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 2nd August, 2019 No. Leg. 29/2019.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 27th March, 2018 and is hereby published for general information:- HARYANA ACT NO. 28 OF 2019 THE HARYANA URBAN DEVELOPMENT AUTHORITY (AMENDMENT) ACT, 2018 AN ACT further to amend the Haryana Urban Development Authority Act, 1977.
Be it enacted by the Legislature of the State of Haryana in the Sixty-ninth Year of the Republic of India as follows:-
1. This Act may be called the Haryana Urban Development Authority (Amendment) Act, 2018.
Short title.
2. In the long title of the Haryana Urban Development Authority Act, 1977 (hereinafter called the principal Act), for the words “URBAN DEVELOPMENT AUTHORITY”, the words “SHEHRI VIKAS PRADHIKARAN” shall be substituted.
Amendment of long title of Haryana Act 13 of 1977.
3. In the preamble to the principal Act, for the words “an Urban Development Authority”, the words “Shehri Vikas Pradhikaran” shall be substituted.
Amendment of preamble to Haryana Act 13 of 1977.
4. In the short title of the principal Act, for the words “Urban Development Authority”, the words “Shehri Vikas Pradhikaran” shall be substituted.
Amendment of short title of Haryana Act 13 of 1977.
5. In section 2 of the principal Act,-
(i) clause (b) shall be omitted;
(ii) after clause (r), the following clause shall be inserted, namely:- “(ra) “Pradhikaran” means the Haryana Shehri Vikas Pradhikaran constituted under sub-section (1) of section 3.”.
Amendment of section 2 of Haryana Act 13 of 1977.
6. In the principal Act, throughout the Act,—
(i) for the words “Urban Development Authority”, wherever occurring, the words “Shehri Vikas Pradhikaran” shall be substituted; and
(ii) for the word “Authority”, wherever occurring, the word “Pradhikaran” shall be substituted.
Substitution of references to certain expressions by certain other expressions.
MEENAKSHI I. MEHTA, SECRETARY TO GOVERNMENT, HARYANA, LAW AND LEGISLATIVE DEPARTMENT.
57248—L.R.—H.G.P., Chd.
1977HR13.pdf 1977HR13.pdf 2004HR23.pdf