(1) Save as othenvise expressly provided in this Act, every order Finality of passed or direction issued by the State G o v ~ r m ~ ~ e n t or order passed or notice ordcrs and bar issuedbytheAu~orityoritsofficerunderthisActsballbehnalmdshallnot Of~u'isdictiOn be questioned in any suit or ather legal proceedings. .
of civil courts.
(2) No civil cuurl shall have jurisdiction to entertain any suit or proceedings inrespect of any matter the cognizance of which can be taken and disposcd of by any authunty empowered by this Act or the rules or regulatiorls made thereunder.
i - 51. (1) The Authori~ may, by resolution, autliorise that any power Power to exercisable by it under this Act or therules or regulations made thereunder, delegateexcept the power to make regulations, may also be exercised by such oficers of the Authori ty or State Government or local authoriry, as may be m c~tioncd therein, in such cases and subject to such conditiom, if any, as may be specified tl1efein.
URBAN DEVELOPMENT AUTHORITY I 1977 : Haryana Act 13
(2) The State Govermcnt, may, by notification, direct that any power exercisable-by it under this Act, except the power to make rules, may also be exercised by such officer as may be mentioned therein, in such cases and s~lbjtct to such conditions, if any, as may be specified thcrein.
(3) The Director may, by notification, dircct that any power exercisable by him undcr this Act may also be exercised by such otXicer as may be mentioned therein, in such cases and subject to such conditicns, ifany, as may.
bc specified therein.
[(4) T h e State Government may, by notification, dbwt that any power exercisable by the ChiefAdministratorunder tbis Act may be exercised by such other officer of the Authority as may be mentioned therem, in such cases and subject to such conditions, ifany, as may be specified therein.]
Stale Govcmrnenc 52. (1) If, in the opinion of the State Govemment, %eAuthority is not OrWPersoQ competenttoexerciseorperformorneglectsorfaiIstoexerciscorperforrn 'ppointed by any pwer conferred or duty imposed upon it by may exercise of this Act, the State Government or any person appointed in tbis bchalf by power or perform i I duty conferred State Government may exercise such power or perform such duty. I imposed on Authurity. (2) Any expenses incurred by the State Govemmcnt or by such person r in exercising such poivef or performing such duty shall be paid out of the fund of thc Authority, and if the Authority, fails to pay the expenses, then the State Government may make an order directing any person who, for the time being, has custody of such fund to pay such expenses from such fund, and such person shall be bound to obey such order.
Puwer to make 53. (1) The State Government may, by notification, make rulcs for rules. carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generabty of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) the terms and conditions of service of the members under sub- .
section (1) of section 4;
(6) the appointment of committees under section 8;
(c) the manner and purposes for associating persons under section 9;
(d) ,the control and restriction in relation to appointment of officers and other employees under sub-section (1) of section 1 I;
1. Inserted by Haryana Act 4 of 1979.
1977 : Haryana Act 13; URBAN DEVELOPMEKT AUTHORITY e ) the form and manner in which an appeal maybe filed under sub-scction ( 5 ) of section 1 7;
fl themanner of serving notice under sub-section (1) of section 1 and under section 19;
g the maruler in whch the damagcs may be acsessed under section 19;
(I?) theinvesmentoffundundecsub-section(4)afscction21;
(i) the procedure tr? be followed for borrowing money by way of loans or debentures and their repayment and the terms and conditions for advancingmoney under setion 23;
(ii) the form of the budget of the Authority and the manner of preparing the sarnc under section 25;
(k) the form of balance sheet and statement ofaccount under subsection (1) ofseclion26;
(I) the form of the annual report and the date on or before which it shall be submitted to the State Govenunent under section 27;
(m) themannerandconstitution oftheprovidentfundforwhdetime paid members and officers and other employees of the . Authority and the conditions subject to which such,fundrnay be constituted under section 28; and
(n) any other matter which has to be, or may be, prescribed by rules.
(3) Every rule madt: under this section shall be laid as soon as may be after it is made &fore the House of State h$slature while it is in session for .
a totai period of foultcn days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in wbich it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule 01- the 1 Tousc agccs that the rules s h d d not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may bt, so however, that any such modification or annulment shall be without prejudice to the validity ofanyt hing previously done under that rule.
I 54. The Authority may, with the previous approval of the State Powcrt~make Govemmetlt, make repiations consistent with this Act and thc rules made resulaiionsthereunder to carry out the purposes of this Act m d without prejudice io the gcnemliv ofthis power such regulations mayprovidc for- WRBAN DEVELOPMENT AU~IORITY 1 1977 : Haryana Act 13
(a) the summoning or holding of the mcctings of the Authority, the time and place where such mectings arc tn bc held and the conduct of business at such meetings;
(bl the powers and duties ofthe officers and other employees of the Authority,
(c) the salaries, allowances and conditions of service of officers and other empIoyees of the Authority;
(d) the erection of buil dings ;
(e) the terms and conditions on which transfer of any right, title and interest in any land or building may be permitted;
# the management of the propeAzs of the Authority; and ( . any other matter which has to be, or may be, determined by regulations.
Penalty for 55. Except as otherwise provided for in this Act, any conmvention of breach of rules any of the rules or regulations made thereunder shdl be punishable wirh,fme and rcgulatioris. which may extend to five-hundred rupees, and in the case of a continuing 1 contravention, with an aational h e , which may extend to fifty rupees, for I ' each day during which such contravention continues after the first convic tion; , and the court, while passing any sentence on conviction of any person or the contravention of any mle or regulation, may direct that any property or part thereof, in respect of which therule or regulation has been contravened, shalI be folfeted to the Authority:
'[Provided that if a building is begun, erected or re-erected in conhavention of any of the building mgdations, the ChiefAdministrator shaIL be corupeteat to require the building to be altercd or demolished, by a w~itten notice delivered to the omer theroof, within six months of ik having begun or having been completed, as the case maybe. Such notice shall also specify the period during which such alteration or demolition 11as to be completed and if the notice is not complied with, the ChiefAdministrator shall be competent to demolish the said building at the expense of the owner :I
Provided fiutber that the Chief Administrator may, instead of requiring the alteration or demolition of any such building, accept by way of composition.
such sum as he may decm reasonable.]
1 Exemption 56. Nothing in this Ac t shall apply to the operationa1 constructions.
Dissolution of 57. (1) Where the State Government is satisfied that the purposes for which the Authority is constituted under this Act, have been substantialiy achieved so as to render the continued existence of the Authority in the opinion 1 . Added by Haryana Ac14 vf 1979.
1977 : Waryana Act 131 URBAN DEV I~LOPMENT AUTHORITY of the State Government unnecessary, the State Government may, by notification, declare that theAuthoritysha!l be dissol\wl with effect ffom such dat,: as may be specified in the notification; and the Authority shall be dce~ned to be dissolved accordingly.
(2) Emrn the date specified under sub-section (1)-
(3) all propemes, fund7 and dues which are vested in, or realisable by the Authority, shall vest in, or be realisable by, the State Government ;
6 all liabilities which are c n f o ~ b l e against the Authody shall be enforceable against the State Government ; and c forthcpurposcofcarryingoutanydevelop~nentwhichhasnot been fully carricd out by the Authority and for the purpose or realising properties, funds and dues referred to in clause (a), the function of the Authority shall be discharged by thc State G o v m m t .