(1) Where any transferee rnakcs default in t h e p a p e n t of any Rcsurnption consideration money, or any instahent, on account of the sale of any land or and forfciturc buildi~ls orb& undwswtior115, h e %&te Of5ccr1~lzj; by ~or icc il ;zwkihg, for breach of cotlditions of call upon the transferee to show cause within aperiod of tlirty days, why n penalty, which shall not exceed tcn per cent of the amount due from the mns feree, be not im~osed ~ ~ p m him.
(2) After considering the cause, if any, shown by the transferee and after giving him n reasonable opportunity of being heard in the matter, the Esiats Officer may, for reasons to be recorded in writing, make an order imposing the penalty and d i i c t that the ~tmollnt of money due along with the -a--l*~fik-ll La noid k y ~ k p - n s f z ~ y i t h i ~ ~ sech perid as may he s~ecified pC.L.I.I%y *LAY.. UU p-.U U i~ the ~rder.
(3) If the msferee fails to pay the mom t due together wi th the penalty irl accordance with h e ~rder m d c under sub-secti on (I ) , or C O P J : ~ ~ ; S 2 ISfezc!?
ofany uher condi'cion ofsdc, fi~eEsiate Oflic~i may, by n~ticc in wrk:,?& cz!!
? . u p n the &anskiee to 550% causc xi:hin ;period of thirty d~ys , nth!, ar!
I order of resumprion ofthe iaud t r t . huiiciing ur tuiii, iii i I i ~ G ~ G inc;f bc, aiii!
forftihlre nfthe w!lole gr ~srlypslrt of& money, if any, paid in respmi lhn'wf which in na case shall exceed tell per cent of fie wrai anlomi. of itlc consideratiun mmey, intaest and other dues payable in respect of the sale cf the lmd orbuildi~g, nrhgth, should fiat be made.
- (4) After considering the cause, if any, shown by the transferee in pursuance oPa notice under sub-section (3) and any evidence that he may PI.D&~KG k s u p ~ ~ ~ t =f tb?: ZEC: =d zfcx gii.vLng hi= a rramn~lhle opporhlnity of being Ileard in the matter, rhe Estate; Ofiicer, may for -om to be recorded ir: w~ring, mate an order resuming the land or b~~ilding GT both as thc casc may be, and directing the fodciturc as providcd in sub-sectiun (3) of thc whole or any part of the money paid in respect of such sale.
(5) Any person agpevsd by an order of the Estate Officer under seclion ! 6 111r snder tthi s setinn may, within a period of thirtv days of the date of the .- communiation to him of'such order, prefer rn a p p i tu the Ch ieCA&lulisaator in such fom and manner,as may beptescrihed:
P~ovided that the ~hief~dmini&ror may entertain the appeal afkr the expiry of the said period ofthirty days, if he is satisfied that the appellant was prevented by sufficient cause fiorn filing the appeal in time.
URBAN DEVELOPMENT AUTHORITY [ 1977 : Haryana Act 13
(6) 'l'he ChiefAdminimtormay, after hearing the appeal, confirm, vary or reverse the order appealed fium and may pass such order ~s he deems fit.
(7) The ChiefAdministrator may, cither on his own motion or on an I apylicaiiori received iri u s behiif, a1 any iilrlr withhi ii p ~ n o d rjf six nlun(trs from thc date of the ordcr, for the purposc of satisfying himself as to tllc legaIity or propriety of such order and may pass such order in relation thereto as he thinks fit:
Provirlrri that the ChiefAdminisiraior shall not pass an rlrrier under this scction prejudicial to anypenon without giving him a rmonabls opportunity ol'king h a d .
[ ( 8 ) Any person aggrieved by an order of Chicf Administrator under sub-section (6) may within a period of ninety days of the date of the communication to him of such order, prefer a revision peti tion to the Secretary to Government, Haryana, Town and Country Planning Department, in such form and manner as may be prescribed :
+ - moviieti fw~c rile S m e q ro r'iovemmenr, Hz~E;; I ntq.'p. XI ti C o ~ i r r j Plming Uzp,artment, may entertain the revision petition after the expiry of h e s a d periotloTmnety days, if he u satlshd lhal Lhepc~ihoner\v& preventcri by suBcient cause fionl filing the revision petition in time. ?
( 9 ) Thc Seretary to Govcmmenf Hary.dn'4 Town and C o u n ~ Planning Department, may, after hearing the revision, confirm, vary or reverse the order iippeaicci f urn ailti rruy ass such urcier as irc: riec~ns tii:
Providd that the secretary to Govenlment, Hi l lpa , Tow1 and Country _Planning Deparhrnt, shallnot pass an order under this section without hcaring the j?ar!ies.]
C'MTZRIV POWER TO EVICT PERSONS FROM PREMISES OF TECEAUTBOrn Power to evict ' 1 8 (1) If the Collector or any officer authorized by him is persous h m ~ati~fi& premises/land of .
Authority or bui !ding
(a) that any person authorized to occupy any premiseq of the Authority has-- - v constructed (i) not paid rcnt IawfulIy due from him in respect of such !
pxrnises for a period ofmore rhan two montbs; or
(ii) sublet, without the permission of the Estate Officer, thc whole or my par^ of such premises - ; br -
1. Substituted by Haryana Act 23' of 2003. *
2. Added by ~ G a n a ~ c t 11 of 2004.
I977 : Harya~~a Act 131 URBAN DEVELOPVLNT AUTHORITY
(iii) otherwiseactedincontmventionofanyoftheterms expressed or implied, under which he is authorized ro occupy such premises ;or
(b) that any person is in unauthorized occupation of any Iand ofrhe Authoriv or building constructed hereon, thc Collecror or my officer authorized by him may, fiowithstanding anything ~011tai11ed in any law, for the tim be.b~g in fclrce, by ~mtice servcd by pnst and if a penon aviods senice, or is uoi avaiiable for service or~~utice, or rcfuses tc are?! r;l~ire, t ! ~m by afirlng a copy nf if nn the nilter dofir 1.w cnmc nihcr conspicuous part of svch prcrniscs I land or building or in such other manner as may be prcscribcd, call upon my p~rson, who has committed a breach of the provisions oft his Act or the rules fiamed thereunder, to vacate the said prcrniscs/land or bui!dicg constructed thereon or demolish unauthorized constructinn and to aFpear and show cause why he shr~uld not hc ordered to restore to its original state or to bring i t in confomitywith the provisions of this AGL or thc txlcs +i;lcd t?crcil;ldcr, as the cas~ma_y k, and ij'sucii pewon iai is tr! s l~ow cause i~ d ~ e satisfachon ofthe Collector or my ~%cer authorizd by hm \i;ithil! a period ofseven days the CoIlector or m y officer authcrizcd 1 ' , hy him shall paw an nrder requiring him to vacate such premises / land or buiIdir~g comic!& thereon w dmolish mauthorizd cnmc t ion mdmtnm toits on@ stateor to bring it in confo~tywithttleprovi~ions ofthis Act or tile rules framed thereunder, as the case may- be, vii thin a iiuther period of seven days.
( 2 ) Hthc ordcr made under ciause (a) or clause (b) of sub-section (1 3 is not cwried out, \=.4...ithir, 3 sspecGi?Fed pricri, h e CoUecror 01- any oEccr audlofizl by him at thc expiry of the period of this order, shall evict that person from, and take possession of, thc prcmisesf Iand or buildmg constructed rhcreon and shall for that purpose use such force as may be necessary and the cost incurred on such measures shal I, if not paid on demand, being made to him, be recoverable from such person as arrears of iand revenue.
[3\ Even before %c e x ~ e o f tbe pried of srver! F'al? neztim.ed mder sub-section (I) , if the Collector or such officer authorized by him is satisfied that illstead of vacation of premiseslland or building constructed thereon or demolition of unauthorized consmction, as the case may be, rhe person continues with the contravention, the Collector shall himself or any oficer authorized by him take such measures as may appear necessary to give efiect to t he order and the cost ofsuch rneasurcs shall, if not paid on demand, being made to him, be recoverable t?om such person as arreaR of Iand revenue.
URBAN DEVELOPMENT AUTHORITY [ 1977 : Haryana Act 13
(4) If a person, who has been ordered to vacate any premises under sub-clause (i) or sub-clause ( i i i ) of clause (a) of sub-section ( 1 ), within a period of seven days of the date nf service nf the notice, pays to thc Estate Officer the rent in arrears or carrjcs out or othcrwisc complies with thc terms conmvend by him 10 fie sati ttis&cticln nf the Collector or m y officcr ar ithnri 7cd by him, as the case may be, the Collector or any officer authorized by him shall cancel his order made undb sub-section (1) and thereupon such person shaIl hold the premises on the same terms on which he held them immediately before such notice was served upon him.]
Power to 19. Where any person is in unauthorised occupation of any premises of recover the Authority, the Collector m y in &epmaibed manner. ass= such damages rlarnagcs as on account of the use and occupation of the premises as he may deem fit and . nnzars of iarla m2y hy fintire s t l f ~ ~ d by pnst, w by affixing a c.c?py nf ir nn the mter dnnr or rcvcnue.
some ether conspicuous part of such premises or in such orher manner as iiizj: be przsciitued, fi&i %iit pcisoii t; j piij; 2h2 damagm ;;.i:!:k SLG!: :i;;;e not being less thirty days as may be specified in tile notice. Ifany person refuses 21 fails to pay thc damages w i k thc time specifid in the notice, thu damages may be recovered from him as arrears of land revenue.
Appeal.
1 2U. ( ! ) Any person aggrieved by an order oithe CoileCtor u c c r secr ion ! 8 or section 13 may, witbin a i;ciiod of thirty dzys from the date o f the service of notice under section 18 or section 19, as the case may be, prefer an appeal to the Director, or such other authoriry, as the State Governmenr may a p p o h h this kMf
Provided that the appellate authority may entertain the appeal after the expiryof the said period of thirty days, if it is satisfied that thc appellant was prevent4 by sufifir.ienc c.ause 60rn Eing rhe appeai in rime.
(2; Where an appeal is prcfcrrcd undcr sub-section ( 1 ), :hc appcllatc authority may stay the enforcement of thc order of the Collector for such . . period and on such conditions. as it deems fit.
(3) Every a p p d under tbis swlion s h d be disposed of by rile appellare ~uthuriq! = exp~'I;!i~~sly as p~ssible.
FINANCE, ACCOUNTS AND AUDIT Fund of 21. (1) The authority shalI have and maintain its own fund to which Authority. shall be credited- 1977 : Haryana Act 13 j URBAN IXVELOPMENT AUTHORITY
(a) all moneys received by the Authority from the State Govemmcnt and the Central Govemme~lt by way of grants, Ioans, advances or ohrwise;
ail moneys borrowed by the Authority, fium sources otilcr than the Guvemenr, by way of ioatis or debenaircs;
(i) all fces received by thc Authority under this Act;
d 2111 morieys receiii~d by the Autho;;.ty forE the disposal of Ian&, buildings and other properties, movable and immovable ; and re) all mo;;eys rccived by the Authority by way clfrenis and prflfitq ' or in any dther manner or fioin any other source.
cz) r;x;rmdii~it.e incurred in thc adminism~ion ofthis Act:
fb) cost of aciyisitio~ of lmd for purposes ofthis Act;
(c) expenditure for development of land; and {dj ex~~~dinrre.forsuchr~~i~er~~urpli~cs;isii~cf~at~C;~~~r;t~~~zi~:
may rli~ect or pennit.
b
(3) The Authority shaii keep its funds in any Scheduled Bank.
I?) Tne Autborily n~ay inmi any poriiun ofis f w d in such securities or in such othei manner asmay be prescribed.
( 5 ) 'l%e income resdti t ~ g from invesments m t i n in sub-swtioh(4) 3nd prxeeds of the ca!?. ef !he SB-e shdl be credircd to ihe h11J oC ilie Autholity
22. ~ e S t a t e G ~ ~ e ~ e n t m a y ~ ~ l a k ~ s ~ ~ b g r a n t s , ~ d ~ ~ a n c e s a n d l o a n s POWCI ofSiatr to the Authority, as the St'ate Govemmcnt may deem necessarj, for the Govcrunlcct to performance of the functions under h i s Act and all grants, loans and advances grmts?
advances and so made shall be on such toms and mnditions, as the S m e Govcmment may 62k;IT;G?. Az:h:n-it,:t.
23,' ( I ) The Authority may, fi-orn time to time, borrow money by way of Power to loans or debentures from such sources, other than the Stat= Government, and Authority Lu on such terms and conditions, as may beprescribed. borruw or advance money.
URBAN DEVELOPMENT AUTKORITY 11977 : Haryana Act 13
(2) ,The Authority may advance money for residentiai, industrial or commercial purposes on such terms and conditions as may be prescnhed.
p.iMiriY ~,f 24.- A11 p~yne!l?s due !he d?!!hpi?: TC ?C'COLL?! ~f ir?tcr~cf !c3nc, ?fi>mcnt t a r 0 t h the repayment of loans shall be made in priurity to aH other &L'S Tram the inrcrest and ~uthorilij.
repayment of loans.
Sudget. 25. '1'11s Authority sliall p!*cya-e i 11 wcli fum, a d sii sticll ti1 t t r rvei-y year, as may he prescribed, a budget, in rcspcct of the financial year next cii~liiiig ~ h ~ ~ i i l g , iiic &irlalcd i ~ e i p i s and zxpenriiiurt: iiTil~skuiiiciriiy mcl shill1 funvard io the State Guvenmieili such ilulllber of copies ii~crcof, as may be prescribed.
Accounrs and 26. (1 ) The Authority ski!! n?2h,rlt.k pmpk .rr@w-ts md other re!c17m.t audit. records and prepare an annual statement of accounts including ihc balance sheet in such form, as may be prescribed.
(2) The accounts ofrhe Authority shal I be subject to audit amsually by iiieAki;uurlix:t Ger~mdi uCihl: SiiiizGove~mmr:~i: m i i a ~ y expeniiiru~t int:uixci by him in connection with such audit shall be payable by theAuthority to the I Accountanr General. -
(3) The Accountant General or any person appointed by hirn in connection with the audit of accounts of the Authority shall have the same righk privilege and authority in connection with such audit as the Accountant General has in connection \r!id~ thc audit of the Goven~ment.4ccotmts, and in particuIar shall have the right to demand the production of books, accounts co=cc:cd vouchcrs and othcr documents &id pzpers.
(4) The Accounts of the Authoriw as cedf~ed by the Accountant Geneml or any o t k r p::scr. appointed by him in this behalf together with the azdit report thercon shall be fonvarded annually to the State Government.
Annual Report. 27. The Authority shall prepare, for every year, a report on its activities during thzt year and submit the report ro thc State Government i~ s ~ c h fom, and on or before such date, as may be prescribed.
I Provident 28. The Authority shall constitute, for the benefit o f its whole time paid Fund. members and of its offce :~ and other employees in such manner and subject to such conditions, as may be pracrikd, such provident fund as it may deem fit.
1977 : Haryana Act 131 URBAN UFVEL.OP~IEMT AUTHORITY RELATIONS BETWEEN THE GOVERNMENT, THEAUTHORTTYAM) THE LCICAIL*4UTHORITIES, ETC.
29. Were my area has becn developed by the Authority, the Authority may enbust the local authority ' [dischgmg municipal functions,] within whose local limits the area so developed is situated, with the responsibility for the maintenance of thc amenities which have been provided in the area by the Authority and for the provisions of the amenities which have not been provided by the Authority but which in its opinion should bc provided on terms and conditions agreed upon betv~een the Authority and the local authority, and where ouch terms and conditions cannot be agreed upon, on terms and conditions settled by tbe State Government in consultation with the local authority on a reference of the matter to the State Go~remment by the Authority.
30. (-1) 717c Authority shall carry out such directions as may be issued to it, from h e to time, by the State Government for the ezcient administration of this Act.
(2) The State Govemment may, at anytime either on its own nlotion or on application madeto it in ttus b e u call for the records ofany case disposed of, or order passed by the Authority for the purpose of satisfying itself as to the legality or propriety or conechess of any order passed or direction issued and may pass such order or issue such direction in relation thereto as it thinks I3
Provided that the State Government shaIl not pass an order adversely affecting any person without affording such person a r ~ opportumty of being heard.
(3) ' The State Government may depute any officer to inspect or examine the office of the Authority, or its development works and to report thereon and the officer so deputed may, for the purposes of such inspection or examination, caII for-
(a) any exbact from any proceedings of thc Authority or any committee constituted under this Act, reccrd, correspondence, plan or other documents;
@) any return, estimates, statement of accounts or statistics ;
Power o f Authority lo require local authority to assume responsibility for amenities in certain cascs.
Control by Siate Government.
(c) =pofi, and theAuthorityshal1 furnish ;lie same.
1. lnserted by H.A. 26-of 1984 and shall be deemed to have come into force with effect from thc 2nd May, 1977.
h6 URBAN DEVELOPMENT A U T H O R I n [ 1977 : Haryana Act 13 Returns and infomution.
Power of State Government to tra&fcr powers 9f Municipal Committees, Panchayats, Panchayat Samitis, hprovcmcnt Trust and Faridabad Complex Administration to Authority.
Power of eni'ry.
31. The Authority shall furnish to the Sgte Government such reports, returns, record and other information as the State Government may, from time to time, require.