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Section 58

The Haryana Urban Development Authority Act, 1977 (13 of 1977)State Act of Haryana · Act 13 of 1977

( 1 ) As h r n the date of the constitution of the Authority, the Punjab Repeal and Urban Estates @evelopment and Regulation) Act, 1964, in its application to savings.

'I' ! thc State ofHaryana, shall stand rcpcaled.

(a) anything done or any action taken including any r~otification, order, scheme, permission or rule made, granted or issusd under any provisions of the Punjab Urban Mates (Ilevelopmcnt and Regulation)Act, 1964, shall, so far as it is not inconsistent with the provisioos of this Act, continue in force and be deemcd to have been done or taken under the provisions of this Act unlas and until it is superseded by anything done or any action taken wder t h i s ~ c t ;

(b) all propem, movable and irnmclvable and all interests of whatsocvcr nature and kind therein, vested in fhe State Government under the Punjab Urban Estates (Development and Regu1ation)Act. 1964, before the commencement ofthis Act shall vest in the Autboriv, ('c} ail debts, obf gations and liabilities incurred, all contracts entered ,into and all matters and tbhzs engaged to be done by, with or for the State Government, under the Punjab Urban Zstates (Developmei~t and Regulation) Act, 1964, before the URBAN DEVELOPMENT A U T ~ I O K I ~ 1 1977 : Haryana Act 13 commencement of this Act shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Authoriy ;

(d: all taxes, fees and other sulns of money due to the State Government under the Punjab Urbrul Estates (Development and Regulation) Act, 1964, immediately before the commencement of this Act shall be deemed to be due to the Authority ; and re) all suits, prosecutions and other legal proceedings institutd or which might have been instituted by, for or against the State Govemment under the Punjab U&m Estates (Development ancl Regulation) Act, i964, may be contibued or instituted by, for or agamt the Authori ty.

'i(3) Notwithstanding anything contained in an j other law for the rime being in force,- u all property, movablc and immovable and all interests of whatsoever nature and kind therein vested in the State !

Government under the Punjab New Mandi Townships I (Development and Regulation) Act, 1960, except Mandi portion of rhe Mandi Townships established by the Colonizaiion I Department s ball vest in the Authority;

(b) anyttung done or any action taken including any notification, order, scheme, permission or rule made, granted or issued under any provisions of the Punjab New Mandi Townships (Development and Regulation)Act, 1960, shall, so far as it is not inconsistent with the provisions of tiis Act, co~tii~ue in force and be deemed to have been done or taken under the provisions afthisActunIessandunti1 it is supersededby anythvlgdoneor any action taken under this Act;

(c) all debts, obligations and liabilities incumxi, all conmcts entelcd into and all matters and things engaged to be done by, with or for the State Government, under the Punjab New Mandi Townships (Development and Regulation )Act, 1960, shall bc deemed to have been incurred, entered into or engaged to be I done by, with or for the Authority;

(d) all taxes, fees and other sums of money due to the State Government under the Punjab New Mandi Townships

1. Itlsertcd by Haryana Act '9 of 1988.

1977; Havana Act 131 UWAR IIEVELOPMENT AUTHORITY (Deve1oprner.t and Reg~lation) Act, 1960, shall be deemed to bedue to theAutllority;

(e) all suits, prosecutio~~s and othcr legal proceedings instituted or which might have been instituted by, or against the State Government under the Punj ab Kew Mandi ?bwriships (Developmcn t and Regulation) Ac5 1 960, and the Co Ionization of Government Lands (Purljab) Acf 19 12, may be continued or instituted by- for or against the ?I,uthority.j

59. Ifany dificultyxises in giving effect to the provisions of this Act, the Rcmovnl of S~reGovemmentmay,bynotificdorrler,notinconsistentwiththeprovisions djficl~lty.

ofthisAc5 rernovc the difficulty.

60. ( I ) The Haryana Urban Development Authority Ordinance, 1977 Repca] and (Haryana Ordinance No. I of I 977), is hereby repealed. savings.

(2) Notwithstandh~gsuch repeal, anything done orany action taken under the said Ordinance shall be deemed to I~avc been done or taken undcr this Act as if this Act, had come into force on the 10th day of January, 1977.

'[CHAPTER IX .-.

CONSTITUTION OF LOCALDEVELOPMENT A ~ O R I T I E S

61. Jn this Chapter, unless the context otherwise requires,- Defmitions.

(a) "Estate Officer" means the Estate Officer of the Local DeveIoprnent Authority appointed by the Government ;

(i5) "local development mi' meam the area declared as such under sub-wction (1) of section 62 ;

(c) "Local DeveIopmentAuthorityl' m a ! the Lo& Development Authority constituted under sub-section (3) of section 62 ;

(dl "mastcr plan" means a plan including a development plan approved by the Government under this Act or under any other Act in force in the State of Haryana ;

(e) "Secretary1' means thc Secretary of the Local Development Authority ;

(0 "Vice-Chairman" means [he Vice-Chairman a f the Local Uevelopment Authority who shall also be the ChefAdminishtor thereto.

78 URBAN DEVELOPMENT AUTIIOIUTY 1 1977 : Haryana Act 13 Declaration of 62. (1) Kin the opinion of the Statc Government any area within the Local Dcvdop- State requires integrated planned development, it may, by notification, declare men1 area. such area to be local development area and such area shall include the area within a town or local authority including a municipal committee or Faridabad Complex Administratioc, the controlled area dcclared under the Punjab Scheduled Roads and Coctrolled Areas Restriction of Unrcgutated Development Act, 1963 (Act 41 of 1963) and the Faridabad Complex Adminisbation Act, 1971 (Act 42 of 197 I ) , or any other area which in the opinion ofthe State Government is likely to be developed.

(2) Thc State Government may, by notification in the Oficial Gazctte, constitute for the purposes of this Act an Authority to be called Local Development Authority for any development area declared under sub-section

(1).

(3) The Local Development Authority shall be a body corporate, having perpetual succession and a common seal with power to acquire, hold and dispose ofproper&, movabIe and immovable and to contract and shall by the said name sue and be sued.

. .

Constitution 63. (1) The Local Development Authority in respect of any local ofthe development area declared for development under sub-section (1 ) of section "Vclopmcnt 62 shall consist ofthe following members :- Authority.

(a) Chairman of the Haryana Urban Development Authority shall be the Chairman of Local Development Authori ty;

(b) A whole-time Vice-chairman not below the rank of Commissioner, to be appointed by the Govemmcn t ;

(c) The Secretary to the Government, Haryana, in the Town and Country Planning Deparfrnent, ex-officio;

'(dl The Secretary to the Government, Haryana, in the Local Government Department, ex-officio ;

(e) The Secretary to the Government, Haryma, in the Finance Department, cx-officio ;

0 The Director, Town and Country Planning Department, Haryana, :

ex-oficio;

.. + . ( , The Chicf Administrator, Haryana Urban Development Au thortity, ex-officio;

(11) Chairman of the Hamyna State Electricity Board or his nominee;

1977 : Haryana Act 13 j UKUAN DEVELOPMENT AUTHORITY Deputy Commissioner of the district in which the local development area is situatcd ;

0) Chief Executive Officcr of the municipal conmittee and in the case of Faridabad Complex Administration, Chief Administrator, cxufficio ;

(k) Not more than thee other members, one of them having experience in enpeering, toun planning or architecture, as may be nominated by the Guvemment.

(2) A member referrcd to in clause (c), clause (d), dause (e), of subsection (I ) rnay instcad of attending a meeting of the Local Development Authortity, himself, depute at1 oEcer, not below the rank of Deputy Secreiwy in the department, and not below the rank of Chief Town Planner and Adminismtor, Haryana Urban Development Authority, in casc of a member referred to in clause (f) and clause (a, respectively. The officers so deputed shall have the right to take part in the proceedings of the meeting and aIso have the right to vote respectively.

Where this provision sits

ActThe Haryana Urban Development Authority Act, 1977 (13 of 1977)
Section58
JurisdictionState of Haryana
StatusIn force as published by the source

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