HUDA Act, 1977
HUDA Act, 1977
HUDA Act, 1977
1977
Table of contents
SECTIONS :
1, Short title and extent
2. Dehtions.
CHAPTER I1
EST.ABL.!SHMENT OF AUTHORITY
3. Establishment and constitution ofAuchority.
4. Terms nf ofice and cnnditions ofscrvice of members.
5 . P~'.vcrto remxc m e d x r s .
6. Filling of vacanci~.
7.. Meeting.
CWTER
ACQUiSITIBNkW ZISPCSAL OF LAND
I 4. Compulsory acquisitionoi'lat>d.
16. Imposition ofpenalty and mode of recoveryof arrears.
1 7. Resumption and forfeiture forbreach of conditions of transfer.
- - -.--_
PfiWK'R
CHAPTER TV
,."
VlCT PFR$<:F:s mt:?-M%tF,E?--"-- u
r
T r nAmflirlOEtITY
18. Powei-i~icie~i~tpmonsfi~x~r~~sesofAuh~~~~.
Cl W T E R V
FITiAiiCE, ACCOaTVTS AND lhTUDIT
2 1. Fund of Authority.
22. Power of Y tate Ciovernmcnt to make grants, advanccs and loans
to Authnrity.
23. PowerofAutl~ontytoborroworarivmcemoney.
24. Priority nfpaynlcnt for interest and repayment nf loans.
25. Budget.
CHAPTER VI
RELATIOH5 BETWEEX THE GOVEIU\riN'I; THE
AUTESPAT',' A?,% TEE L,':CA: ,A
:GZ:T:.ZS; ETC.
29. Power #fAuthori tyto myire local authmiryto assume responsibility
for amenities in certain cases.
30. Control hy Staie Government.
3 I . Retuns and informarion.
3 5. Offences by Companies.
36. Fines when realised to be paid to Authority.
37. Composition of offences.
CI-WTERwr
&lISCELL,WEOUS
, ,
4 1 . Sanction forprosecurion.
.... -:wiices,
~ L Ci .t ~
Lx reas01135ie zi111e.
43,
5 1 . Power to delegate.
52. Statc Govcmmcnt or <myperson appointed by it rnay cxercise
~ ~Aiithaitj.
~d
~ U G
WI UL p ~ i ~ l u
dilij
i ~ i~djifiXi+~di i i ~ f i GG
59. Removalof&culty.
60. R e ~ e asnd
! saving.
CHAPTER M
CONSTITUTION OFLOCAX,DEVELOP$BhTAUTHORfTIES
6 1 . Definitions.
62. Declaratior, of Locsl Development area.
67. Meetingofvacancies.
69. Temporary association of persons.
70. Validation of acts and proceedings.
71. StaE
72. Object of the Local Development Authority.
-11
arterial roads.
79. Amendment ofPlan.
sf!a& b-1fl:c
EC. Een:e!o;:?er:
): 1 .
..?ppiicatior. f ~ vrmission.
r
otlxr pe~3ri;.es.
L'ffllc
c'Jcyez?lmt
tfic v e q t
c.qe"tai~
r! xl: nf
buildings, etc.
U ~ A DEVELOPMENT
N
AUTIIOR~TY
Short titlc
The Haryana
Urban Development Aulhudy
Act, 1577.
. 4 ~
ACT
lo prfiside for d ~ e
esrchlish??rentofnll Urbnn Developme~z ~~~~~~~~iv
fur- undertakrng urban developnrent lo[ and the Local Uev~lopmertr
Auf/~ori(vfur
ihe cilevelupnrejlt qf local m-eu] iii fhe Sjalt! qf
.Haryana and for mutreys anciElaty iher~to.
'
For Statement ofUbjects and Reasons. see Haryana Government Gazette (Eslrd.j ,
dared the 3 r d March, 19?7, page A 12.
For Sta:ernenf ofOhjecti;and Rexons. sce Hzyana Governmen[ G w i l e (Exlra.),
dated the 20th December. 1978, page 1?62.
For Statement ofobjects and Reasons, see Haryau GoverrunenlGazerte (Extra.),
dated the 27th March, 1984, page 502.
For Statement of Objects and Reiasms,see Haiyana G wcnuncnt Gazette (Exha.),
dated the 3rd September, L984,page 1465.
For Statement ofobjects and Reasons,seeFIaryaaa Government GazcUc (Extra ),
dated the 18th December, 1987. pagc 1965.
For Sratement of Objects and Reasons,see Haryana Goverrunenk Gazette (Exba.),
dated the 291h October, 2002, page 2 105.
For Statement ofObjccts and Rcasons, see Haryana Government Gazette (Extra.),
dated the lOrh March. 2003.page 902.
For Statement of objects and Remns, see Haryana Government Gazette (Extra.).
dated the 14th February 2004, page 387.
For Statement of objccts and Reasans. see Haryana Government Gazetre {Extra.),
&red I Ith March, 2004, page 573.
Insei-tedby Haryana Act 12 of 2004.
BEit enactcdby the Legislature ofthe Statc of Haryans in thc Twentyeighth Year ofthe Republic oflndia as follows:--
2.
In this Act, unless the context otherwise requires,--6) "metlit};l" includes rods, nrater-supply,street-Iighttng,clrdhgc,
[sewerage, m b n e n t and disposalofssiaage,suilage and aonn
water] public works, tourist spots, open spaccs, parks,
lmdscaping and play fields, and such other conveniencesas the
State Governmentrnaj., by notification, specify t~be an amenity
for the purposes of this Act;
fi,! " A u L $ ~ r in
~e'as &e Exyam t'hm Ueve!~prnent
Aut!~rity
constituted under sub-section(1 ) ofsection 3 ;
(c)
"building" i n c l u d e
(iir] a ship, vessel, boat, rent, van and m y other structure used
for human habitation or used for keeping 4r storing any
articles or goods; and
, ,
2.
fl
6)
Q} "enginee~ir~gopemtio~s"
include the formation or Iaying out of
means of access to a road or the laying out ofmans offwatersupply, drainage '[savenge, mtment anddisposal cf sewage,
suI:zgc md 3 ; ~ ~\~a:c::
m
~rof cleck'city c&!es cir i i n e or nf
rehiphone l i n s ;
;/k) "erect or re-erect any building" includes(13 any rralcrial alteration dr enlargement ofmy building;
(ii) the co~~vmionbystrucrural
altmtion into a p l u for h u m
habiiaticn of any buildkg cot ori_rina!!y col?stn~ct'ed
for
hum an habitation ;
..
UKBAN
DEVELOPMENTAUTIIORITY
)h
'
it;sec;r'i)l;
c&~~~~'
44
{?I
1L
luai 6
(0)
-.
..-
--.
~ULLUIA ~
'
"means nf access" i ~ ~ c ! ~ d
mcyc-czfls 3f Z C C ~ ~ S-;:LZ;:~E~
,
private, or public, fur vehicles or for piestrians and inciudes a
rn~rl.
LUUU,
(b) "mcmber"mcaasan~en~beroftheAuthori~andincIudesthe
Chzirman, the vicc-Chaiman znd the Chief Ait~ninisrrator
thcrcof;
q
LLoccupier"
means aperson, including a firm or other body of
individ-Is, ivhcther ixorponted =:;;G< who o c c u p i ~ldld or
building sold, leased or-transferred in any manner whatsoever
under h s Act and iilcludes his successors and assijpees;
(I-) "operationai consmction" means any consmcti~n.whether
temporary or permanen4 which is necessary for the operation,
rnainte~~iulce,
deveiclpment or execurion of any of the folloiv~ng
services, namely(3 railways;
(ii) nationaI highways;
-
Inscrted by H.A. 26 of I984 and it shall be dcemed to comc into forcc with cffect
from the 2nd May, 1977.
URB,IN DEVELOPMENT A u T H o R I n
(pi) I J O S ~ and
S
(?
T )
charge or not;
(u)
(~!j "Secretary"rnean~stheSesretaryoftheA~ltl~o~iy:
(1
(y)
t.:stablishment
~~~~~~~~i~u~~~)~~n~tificati~n.specifyinthis~hd~theSateGovernmentshalIesta
,
of Authoniy.
purposes of this Acq an Authority to be known as ihe Haryana IJrban
Devzfopmerrt A u ~ h a r i twith
~ headquafteimsat sucl: place m thc S ~ i e
Govc~mentm y spccify.
(2) The Authority shall be a body corporate '[as we11 as a local authority]
by thename aforesaid,having p q e t u a l succession and a common seal, with
power to acquire, hold and dispose ofproperty,both movable and immovable,
and to contract ;and shall, by rhe said name, sue and be sued.
(3) Th,e,*.u&cfitysha!! consist fif il Chnlmm, nV~ce-C'h?Lrman,E Chiat'
Administratol. andsuch other members, riot more than twelve and not less
thzn six, as the stat& G o r ~ e m ~ emq,
n t lorn lime to t i l ~ ~by
e , l~o~iilcarion,
appoint :
Pro~idedthatthe number ofnon-official mcrnbers shall no4 at any time.
excced three.
T2~115z?nfEcc
4. f !) Thr: terms nfo f i c c and conditions aisenpiccni'the. rnembea
and conditions shall he such, as may be prescribed.
orservice af
(2) The Chiefhdmiis~rtcr
shall he eutitied receive ~ I I dI ~ few d cf
rhe Authority such salary and such aIIowances, if sly, as maybe prescribed.
h
1.
.
Inserted by H.A. 26 of 1964 and sliall be dccmed to have cumc into force with
effectfromthe.2ndMay,1477.-',;. .: . - . . . . . ,....-: . .
,. - . '
,
-,
/.,..8
1977 :H a v a n a k f 13)
( m I \ N DEWLOPMENT AUTHORITY
Govcmment.
( 5 ) A member may resign his office by giving notice in writing to the
State Government and, on such resignation being accepted by the State
Government, he shall c a s e to be a member.
5. Tbe State Government may remove, from office, any member-
Powcr to remove
members.
-,.
.I.&
7, (1) The Authority sba!l meet at such timcs and places and suhject Meetings.
3 L$e p ; ~ t i z i ~~fg:.;S
z
. ~ ~ c : i<2)
c ~z:d
s <-I) o b s = ~ c n-e\es nf p r r s c d ~ r r ~ .
in regad to the ?ransactionof its business st such meetings as may be provided
by regulations.
(2) At every meemg oftheAuthority, the Chairrnq if present, or in his
absence, the Vice-Chaimm, and ifthere be no Chairman or Vice-chairman,
piesent. then, auy one ofib members, whom h e members prcscnt mayelect,
shaii preside.
(3) All questions at a meeting of the Authori ty shajl be decided by a
rnajoriq of votes of the members present and votingand in the caseof e@ty
of votes, the members presiding shall have a second or a ~ t i n vote.
g
56
W A N DEVELOPMENT AUTHORITY
8. Subject to any rules made in rhis behalf, the Authority may, from
to titue, appoir~tone 01-more co~;mliflees for the p~~rpose
of securing the
eficient discharge of the functions ofthc Authority and in particular for the
pfii-pose e n ~ ! . j ! ~the
g eziciejnr filzlfircnan,-- .If piiilir ~i~~~~a~~ 2nd
development projects.
Tcrrlporary
association of
pcrscns.
'
VaiidatWn of
acls arrd
proceedings.
(23 The officers and others employees ofthe Authority shall be entitled
to receive, from the fund ofAuthority, such salaries and allowances, if any,
and sbI 1 be governedby such conditions of service as may be determined by
regulations n?adeinthisbehalf.
( 3 ) The exercise of any powers or discbarge of any duties or functions
under sub-section( I ) by any officer or other employee shall be subject to
such restrictions,conditions and limitations, if any,as may be laid down by the
Authority, and shall also be subject to its control and supervision.
57
12. No person who has, directly or indrectly, by himself or through his Ciencral
partner or agent, any share or interest in any conrract by or on behalf ofthe ~ j s ~ u a ~ i l ~ c a t i o l l s
Xu~hon'ly,uranyemplopentunder, byoron behalf~ftheAuthority~othenise
"ld
rnlplny~rc
t h z as
~ L?cfiiccr GT employee: !hereof, s!!;i'!l beci?!~!~
ui remzh a1 ~E!cer
cr
employte of tfie Authority.
13. The objects of thc Authority shall be to promote and secure the Objecis and
development of all or any of the areas comprised in the urban area and for functions of
rllat p~rpose,t i c Authority sMi have h c power rr, acquire by way of purciiasc, A-l!thcr!!;'.
~ransrer,exchange or gift, hold, managc, plan, develop and mortgagc or
nth~ywae.
dispose of ianti and r)E'nerprq)t:rry1to cariy out by iweli'or tilroqh
any agency on its behalf, building, enweering, mining and oher operations,
to execute works in connection with supply of water4[treatmeut and disposal
of sewage,suUage and stom~
water], conmi of pollution and any other services
and amenities and generally to do anything, whh ;he priorapproval, or on
direction, of the State Govermlt:~1t,fur catlying out kc purpuses of his kci.
.kcqxlsi~c~
zzd Pispcsz! cf Lr.*r!
-..
!
1
When any land, othcr than the land owned by the Cenmal Acquisition oi
Cirovernrnent, is required for the purposes of ibis Ac4 ihe Staie Guvemnreu4 h d may, at thc request of the Authorityproceed to acquire it wider the provisions
ef thc LmdAcquisitinr! Act, !894l as amended fmm time to time, and on
payrnent by (heAuhu~ityoCtiii:c ~ i ~ ~ p e i ~ sawardcd.mdei
ati~il
that Act and ~f
~ i i~'ulicr
;
~ h z i iilciircd
g ~ ~ ;
ia ~ c j ~ r t!~z
k g! x d , the ! L Y ~s h ! ? yes: i:: the
4
Xuthonv.
(2) For ihe purpcjs~of the h n d AcquisitionAct, 1 894, '[and any athcr
law for the time being in force] the Authority shall be deemed to be a local
I,
authoriy.y.1
f 5. (1) Subjzct to my dicectioi~sgiven by the State Gover~in~entuidcr
Dispusul uf laltd.
this Act and to the provisions of sub-section (S), the Authority may dispose
of{a) any land acquired by it or transferred to i t by the State
Government without undcrtaking or carrying out any
deveiopment ihereon ;or
Substituted by Haryana Act 18 of 1984 and shail be deemed to have comc into
1.
force with effect from the 2nd May, 1977.
2.
3.
4.
to such persons, in such manner and sub-ieci to such tenns and conditions, x,
it considersexpedient for securing development.
(2) Nothing in this Act shall be construed as enabling the Authority to
dispose of Iand by way of gift, but subject to this condi~ion,reference in this
Act to the disposaI of Iand shall be construed as reference to the disposal
ibcrzof in any nlamler; whell-lerby way "1 sale, exchailge or leas=or by i h ~
creation ofany easementright or privilege or othenvise.
mode of recovery of
(i) any rent due in respect ofany lease of any lard or buildlng
or both, as thc zasc may bc, slnder section 15: or
(ii) any fee or contribution payable under this Act in respect of
any land or building or both,
h e Esta~t:
Officermay direct h a t In addition to the amount of arrears, a sum
not exceeding t
!w! an~ot!a!shall be recovered I r ~ mthe person by way cf
penalty :
Provided that no aich direction shalI be madeunless the person affected
thereby has been given a reasonable opportunity ofbeing heard in the matter.
( 2 ) Where any person makes default in the payment of any amount
being the arrears or penalty or both directed to be paid under sub-section
consideration money, or any instahent, on account of the sale of any land or and forfciturc
buildi~lsorb& undwswtior115,h e %&te Of5ccr1~lzj;
by ~ o r i c cil ;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
m n s feree, be not im~osed
~ ~ phim.
m
(2) After considering the cause, if any, shown by the transferee and
after giving him n reasonable opportunity ofbeing 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 ~tmollntof money due along with the
-a--l*~fik-ll La p-.U
noid k y ~ pk - n s f z ~y i t h i sech
~ ~ perid as may he s~ecified
pC.L.I.I%y
i~the ~ r d e r .
*LAY..
UU
(3) Ifthe msferee fails to pay the momt due together wi th the penalty
irl accordance with h e ~ r d em
r d c under sub-section (I),or C O P J : ~ ~ ; S 2ISfezc!?
ofany uher condi'cion ofsdc, fi~eEsiate
Oflic~imay, by n ~ t i c in
c wrk:,?& cz!!
u p n the &anskiee to 550% causc xi:hin ;period of thirty d ~ y snth!,
, ar!
order of resumprion ofthe iaud trt. huiiciing ur tuiii, iii i I i G~ ~ inc;f
G bc, aiii!
forftihlre nfthe w!lole gr ~srlypslrtof& 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.
(5) Any person agpevsdby anorder of the Estate Officer under seclion
.-
!6 111rsnder tthi s setinn may, within a periodof thirtv days ofthe date o f the
communiationto him of'such order, prefer rn a p p i tu the Ch ieCA&lulisaator
insuch fom and manner,as may beptescrihed:
Power to evict
persous h m
premises/land of
Authority or
bui !ding
v
constructed
1.
2.
Added by ~ G a n a ~ 11c of
t 2004.
I977 : H a r y a ~ ~Act
a 131
URBAN
DEVELOPVLNT AUTHORITY
(iii) otherwiseactedincontmventionofanyoftheterms
expressed or implied, under which he is authorized
1 '
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 shalI, if not paid on demand, being made to him,
be recoverable from such person as arrears of iand revenue.
(4) If a person, who has been ordered to vacate any premises under
sub-clause (i) or sub-clause (iii) 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
Officerthe rent in arrears or carrjcs out or othcrwisc complies with thc terms
conmvend by him 10 fie sati ttis&cticlnnf the Collector or m y officcr ar ithnri7cd
by him, as the case may be, the Collector or any officer authorized by him
shall cancel his order made u n d b sub-section(1) and thereupon such person
shaIl hold the premises on the same terms on which he held them immediately
. nnzars of iarla
rcvcnue.
Appeal.
Provided that the appellate authority may entertain the appeal afterthe
expiryof the said period of thirty days, if it is satisfied that thc appellant was
prevent4 by sufifir.iencc.ause 60rnEing rhe appeai in rime.
. .
21. (1) The authority shalI have and maintain its own fund to which
shall be credited-
cz)
{dj ex~~~dinrre.forsuchr~~i~er~~urpli~cs;isii~cf~at~C;~~~r;t~~~zi~:
may rli~ector pennit.
b
Az:h:n-it,:t.
loans.
Sudget.
25. '1'11sAuthority sliall p!*cya-ei11 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 iiic
i l g&irlalcd
,
i ~ e i p iand
s zxpenriiiurt: iiTil~skuiiiciriiymcl
shill1 funvard io the State Guvenmieili such ilulllber of copies ii~crcof,as may
be prescribed.
Accounrs and
audit.
27. The Authority shall prepare, for everyyear, a report on its activities
during thzt year and submit the report ro thc State Government i~ s ~hcfom,
and on or before such date, as may be prescribed.
I
Provident
Fund.
28. The Authority shall constitute, for the benefit o f its whole time paid
members and ofits o f f c e : and
~ other employees in such manner and subject
to such conditions,as may bepracrikd, such provident fund as it may deem fit.
URBAN UFVEL.OP~IEMT
AUTHORITY
=pofi,
and theAuthorityshal1furnish ;lie same.
(c)
1.
lnserted by H.A. 26-of1984 and shall be deemed to have come into force with
effect from thc 2nd May, 1977.
Power o f
Authority lo
require local
authority to
assume
responsibility
for amenities in
certain cascs.
Control by Siate
Government.
h6
Returns and
infomution.
URBAN DEVELOPMENT A U T H O R I n
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.
32. (1) Notwithstanding anything contained in any other law for the
time being in force, where the State Government considers it expedient, it
tra&fcr powers
may, in the prescribed manner, suspend any of the powers of local authority
9f Municipal
relating
to the control on development aad use of lands and buildings under
Committees,
the Haryana Municipal Act, 1973, the Punjab Gram Panchayat Act, 1952,
Panchayats,
Panchayat
the Punjab Panchayat Samitis Act, 1 96 1, the Punjab Town Improvement
Samitis,
Act, 1922, or the Faridabad Complex (Developmentand Regulation) Act,
hprovcmcnt
197 1, and transfer such powers to the Authority.
Power of State
Government to
Trust and
Faridabad
Complex
Administration
to Authority.
(2) Where such powers are transferred to the Authority, the Authority
shall be deemed to be the local authority concerned, the ChefAdminis~ator
shall be deemed to be the committee of the municipality or the Sarpanch of
the GramPanchayator the Chairman of the Panchayat Samiti or the Chairman
ofthe Tmprovcmrmt Trust or the ChiefAdminisbtorof the Faridabad Complex
Administration, as the case m y be, and the E.stateOfEcer shall be deemed to
be the ExecutiveAuthoritythereof,and theAuthority shall strictly exercise the
powers msferred to it under sub-section (1 ) within the area under the
territorial jurisdiction of the 1ocal authority concerned.
CHAPTER VIT
INSPECTION AND PENALT1ES
Power of eni'ry.
33. Tbe Authority may authorise any person to-enterinto or upon any
01- building other than ihe land or building owned by thc CentarI
Government with or without assistantsor workmen for the purpose ofland
fl
Providcd that(i)
34. Any person who obstructs the entry of a person authorised under Penalties.
scction 33 to enter into or upon any land orbuilding other than the land or
building owned by the Central Government or molests such persons after
such entry shall be punishable with imprisonment for a term which may extend
to six months or with fine which may extend to one thousand mpces,or with
both.
\'
'I
35. (1) Ifthe person committing an oEmceunder this Act is a company, Oficnces by
every person, who, at the time the offence was committed was in chargc of companiesand was responsiblc to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence
&d shall be liable to he prncecded against and punished accordingly:
68
Composition of
offences.
37. (1) Any offence made punishable under this Act may, either before
or after the institution ofprocedngs, be compounded by theAuthority or by
any person autborised by the Authority in this behalf.
(2) Where an offence has been compounded, the offender, if in custody,
shall be discharged and no further proceedings shall be taken against him in
respect of the offence compounded.
MISCELLANEOUS
Chargc for
exlensionof
amenitics.
Mcmbers, officer
employees
to be pubiic
scrvants.
Jurisdiction of
courts.
Sanc:ion for
Prosecution-
S c r v i c ~of
notice, ttc.
40. No court infenor to that of a Magstrate of the first class shall try an
(a)
(i)
(2) 'hy
document which is required or authorised to be served on the
owner or occupicr of any land or building may be addressed 'we owne?' or
"thcoccupier",asthecasemaybe,ofthatlandorbuiIding(nmingthatland
or building) without hrther name or description, and shall be deemed to be
duly servcd(a) if the document so addressed is sent t o b e delivered in
URBAN DEVEL.C)PMF.NT
ALITIIORITY
me.
Authentica~ion.
~Modcof proof
of records of
Authority.
43. Where any noticc, order or other docurncnt issued or made under
rhisActormyruleorregulationmadcthcreunderrequiresanythingtobe
done for the doing of which no time is fixed in this Act or the rule or regulation,
the notice, ordcr or other document shall specie a reasonable time for doing
the same.
71
U ~ A DEVELOPMEN-IN
A U I HORI-I'Y
47. No suit, prosecurion or otl~erlegal proceedings shall lie against any Protcctinn of
person for anything which is in good faith clnneor intcl~dedto be dom under aclion tab in
good faith.
this .Act or any rule or regulation nladc thereunder.
45. It shall be the duty of every police oficcr-
(0
Rc1ario11uf
Authority n~j~li
-7
false.
issuedbytheAu~orityoritsofficerunderthisActsballbehnalmdshallnotOf~u'isdictiOn
of civil courts.
be questioned in any suit or ather legal proceedings.
(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
.
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.
(2) The State Govermcnt, may, by notification, direct that any power
exercisable-byit 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~lbjtctto 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 subjectto such conditicns, ifany, as may.
bc specified therein.
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.]
52. (1) If,in the opinion of the State Govemment, %eAuthorityis not
OrWPersoQ competenttoexerciseorperformorneglectsorfaiIstoexerciscorperforrn
'ppointed by
anyp w e r conferred or duty imposed upon it by
may exercise
power or perform of this Act, the State Government or any person appointed in tbis bchalf by
duty conferred
State Government may exercise such power or perform such duty.
imposed on
(2) Any expenses incurred by the State Govemmcnt or by such person
Authurity.
in exercising suchpoivef orperformingsuch duty shall be paid out of the fund
of thc Authority, and if the Authority, fails to pay the expenses, then the State
Stale Govcmrnenc
Puwer to make
rules.
iI
Governmentmay 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.
53. (1) The State Government may, by notification,make rulcs for
carrying out the purposes of this Act.
(2) Inparticular, 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 subsection (1) of section 4;
fl
(I?) theinvesmentoffundundecsub-section(4)afscction21;
(i)
(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 ofthe 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 conditionssubject to which such,fundrnaybe
constitutedunder 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 offoultcn days which may be comprised in one session or in
two or more successive sessions, and if, before the expiry ofthe session in
wbich it is so laid or the successive sessions aforesaid, the House agrees in
making any modification in the rule 01- the 1Tousc 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 anysuch modification
or annulmentshall be without prejudice to the validity ofanythingpreviously
done under that rule.
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 A U ~ I O R I T Y
1
I
'
1.
URBAN DEVI~LOPMENTAUTHORITY
all propemes, fund7 and dues which are vested in,or realisable
by the Authority, shall vest in, or be realisable by, the State
Government ;
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
Govmmt.
'I'
58. ( 1) As h r nthe date of the constitution of theAuthority, the Punjab Repeal and
Urban Estates @evelopmentand Regulation)Act, 1964, in its application to savings.
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 ofthe 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 thisAct unlas
and until it is supersededby anythingdone 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 i n fhe State
Governmentunder the Punjab Urban Estates (Developmentand
Regu1ation)Act. 1964, before the commencementofthis Act
URBAN DEVELOPMENT A U T ~ I O K I ~
I
I
59. Ifany dificultyxises in giving effectto the provisions ofthis 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
savings.
(Haryana Ordinance No. I of I 977), is hereby repealed.
.-.
'[CHAPTER IX
CONSTITUTION OF LOCALDEVELOPMENTA ~ O R I T I E S
61. Jn this Chapter, unless t h e context otherwiserequires,-
(i5)
(c)
(dl
thereto.
Defmitions.
78
Declarationof
Local Dcvdop-
men1 area.
62.(1) Kin the opinion of the Statc Government any area within the
State requires integrated planned development, it may, by notification, declare
such area to be local development area and such area shall include the area
within a town or local authorityincluding 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 declaredunder sub-section
(1).
..
Constitution
ofthe
"Vclopmcnt
Authority.
(c)
..
(e)
Authortity, ex-officio;
U K U A N DEVELOPMENT AUTHORITY
Administrator, cxufficio;
(k) Not more than thee other members, one of them having
experience in enpeering, toun planningor 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, notbelow the rank ofDeputy Secreiwy
in the department, and not below the rank ofChief Town Planner and
Adminismtor, Haryana Urban Development Authority, in casc of a member
referred to in clause (f) and clause
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.
(a,
64. (1 ) The tern of ofice and conditions of senice of the members shaII T e r n ofofice
and conditions
be such as may be prescribed.
of scrvice of
(3) A rner~~ber
may bc paid from the fund of the Local DeveIoprnent
Authority such allowances, if any, as may be prescribed.
Powcr to Y E ~ O V C
members.
(ii) whohas,h~eopinionoftbeGovemmmtsoabusedbpsitiort
as a member as t;n render; his continuance on the Local
DevelopmentAuthority demirnental to its interest.
80
Filling of
\-acancics.
.Meetings.
67. ( 1) The local Development Authority shall meet at such rimes and
places and subject to the provisions of sub-sections (2) and (31, obsenle
such rules of procedure in regard to the transaction of its business at such
meeting, as may be provided by rep1ations.
casting vote.
(4) Minutes shall be kept ofthe ndmes of the members present and of
the proceedings at each meeting in a book to be kept for the purpose, which
shall be signed at the next ensuing meeting by the member presiding at such
meeting and shall be open to inspection by any member during officehours.
association of
persons.
Validation of
acts and
procccdings
theexistcnceofanyvacanc~~in,ormydefect
intheconstihition
ofthe Local Development Authority;
the case.
71. (1) The State Government may appoint six suitable officers Staff.
respectively as he Chicflown Planner, Cbief Engneer, Controller of Finance,
Secretary, Estate Off~cerand Manager Estate of the Local Development
Authority from Haryana Urban Development Authority or concerned
department of State Government, who shall exercise such powers and perform
such duties, as may be prescribed by regulations or delegated to them by
Local DevelopmentAuthority or its Vice-Chainman.
..
1
( 5 ) The Local Development Authority shall not have any cadre of its
own employees and the employees of the Local DevelopmentAuthority shall
belong to a cadre of Haryana Urban DevelopmentAuthority. -
U ~ A DEVELOPMENT
N
AwHnwn
73. (1) The Local Development Authority shal I, as soon as may be,
prepare a master plvl for the local dcvclopment area.
(2) The masterplan sbalL(a) d e h e the various sectors into which the local developmentarea
I
I
V K D AN U E V ~ L O P ~ NAUTI~ORITY
T
containasiteplmanduseplanforthedevelopmentofthesector
and show the approximate locations and extents afIand use
proposed in the sector for such things as public building and
other public works and utilities, roads, housing, recreation,
industry, business, markets, schools, hospitals and public and
private open spaces and other categories ofpublic and private
uses ;
(6) specify the standards of population densityand building density;
(u) showeveryareainthesectorwhichmay,htheopinionofthe
Local DevelopmentAuthority, be required to bc dcclared for
deveIopment or re-development ;and
(d) in particuIar, contain provisions regarding all or any of the
followingmatters,namely +(i) the division of any site inro plots for the erection of
(a)
building
(ii)the allotmentor reservation of land fbr roads, open spaca,
gardens, recreation-grounds, schools, markets ad other
(iii)
(iv)
(v)
(vi)
{~ii)
.
(viii)
(x)
public purposes ;
the development of any area and the restrictions and
conditions subject to which such development may be
undertaken or carricd out ;
the erection of building on any site and the &ctions and
conditions in regard [utlie opzn spnccs to be maintained
in or around buildings and height and character of
buildmgs ;
the alignment of buildings of any site ;
the architecmaI features of the clevation or frontage of
imy buildingto be rc-erected on any site ;
the number of residential buildings which may be erected
on plot or site ;
the amenities to be provided in relation to any site or
buildings on such site whether before or after the erection
of buildings and the person or authorityby whom or at
whose expense such amenities are to be provided ;
the prohibitions or resbictions regardrng erection of shops,
workshops, warehouses or factories or buildings of a
lncnt for
approval.
75. (1) In this section and in sections 76,77,80 ard 82 the word "p!anU
means the mastrplan as well as the sector development plan for a sector.
(2) Every plan shall, as may be, after its preparation be submitted by
the Local DevelopmentAuthority to the State Government in the Town and
Country Planning Department for apyroval and the Government may ci ther
approvethe plan without modificationor with such modifications as it may
consider necessaryor reject the plan with directions to the h a 1 Devclopment
76. ( 1) Before prepaing any plan finally and submitting it to the State
Government for approval, the Local Development Authority shaI1prepare a
plan in draft and publish it by making a copy there ofavailablc for inspection
and publishing a notice in such form and manner as may be prescribed by
regulations made in that behalf inviting objections and suggestions fiom any
person with respect to the draft plan before such date as may be specified in
the notice.
(2) The Local Development Authority shall also give reasonable
opportunity to evwy local authoritywithin whose local l i i i t s the land touched
by the plan is situated, to make any representation with respect to the p~an.
(3)After considering all objections, suggestions md representations
that may have been received by the Local DevelopmentAuthority, thc Local
DeveIopmentAuthority shall finally prepare the plan and submit it to the State
Government for its approval.
(4) Subject to the foregoing provisions of this section the State
Government may direct tbe Local Development Authority to furnish, s ~ c h
information as the Government may q u i r e fdr the purpose of approving any
plan submitted to it under this section.
85
77. lmrnediately after a plan has been approved by the State DatcofcolnGovernment, the authority shall publish in such manner as thc State mencemcnt of
5overnment may speci fy, a notice stating that a plan has been approved and plannaming a place where a copy of the plan may be inspected at all reasonable
hours, and upon the date of first publication of the aforesaid notice the plan
shall come into operation.
.I
'
75. (1) Where in any local development area, any building occupied Maintenance
wholly for residential purpose or partly for residential and partly for non- and improverasidential purposes abuts an merial road, the occupier of such building shall ment offacade
of certain buildbc bound to repair, white-wash, colour-wash or paint the facade of such ings merial
building at his own cost in accordancewith any bye-laws made in that behalf.
Court.
(4) In case ofnon-payment by an occupier of the whole or part of the
cost of any work referred to in sub-section(21, it shall, on the certificate of
the Vice-chairman, be recoverable from the occupier as arrears of land
revenue.
(a) the expression 'arterial road' sha11 have the meaning assigned to
it in the bye- laws ;
(ii)
.
(iv) the person who is liable to pay to the owner damages for
authorizeduse and occupation thereof.
t
I
(2) The State Government may make amendments in thc master plan
or the sector development plan whether such amendments are of the nature
specified in sub-section (I) or otherwise.
(3) Before making any amendments in the plan, the Local Development
~uthohty,
or as the case may be, the StateGovernment shall publish a notice
in at least one newspaper having circulation in the local development area
inviting objections and suggestions from any person with respect to the
proposed amendment before such date as may be specified in the notice and
shall consider all objections and suggestions that may be received by the
Local DevelopmentAuthority or thc State Government.
'(4) EveryamendmentmadeunderthissectionshallbepubIishedinsuch
manner as the Lucal Development Authority or the State Government, as
the case may be, may specify and the amendments shall come into
operation either on the date of the first publication or on such other date as
the Local Development Authority or the State Government as the case may
bc, may fm.
'. '
1
URBAN DEVELOPMENTALITIIORITY
I
Y
'
74orin~lationtomyotbermatter,shal!beorderinwritingeithergrantthe
permission, subject ta such. conditions, if any, as may be specified in the order
or refuse to grant such permission':
."
.I
i
!
..
URBAN
DEVELOPMENT AUTHORITY
Provided that such a permission will not entitle the person to change the
use uf land unless rbe said permission has been granted by the State
Government under sub-section ( I ) of section 82 of the site allattedkmsferred
by the Local Develcpment Authority under section 84 :
Provided hrther that before making an order refusing such permission,
[he appllcan: shall be given a reasonable opportunity to show cause why the
permission should not be refbsed :
Provjded further that the Vice-Chairman may before, passing any order
on such appIicationgive an opportunityto the applicantto make any correction
therein or to supply any furtherparticulars of document or to make good any
deficiency in the requisite fee with a view to bringing it inconformitywith the
relevant rules or regulations or bye-laws.
(4) Wherepermission is refused, the grounds ofsuchrehsal shall be
recorded in writing and communicated to the applicant.
( 5 ) Any person aggrieved by an order under sub-section (4) may appeal
to the Chairman against that order witbin thrrtydays fiom the communication
thereof and may after giving an opportunity of hearing to the appellant and, if
necessary, also to the represenbtive of the ViceChaimxan either di~missthe
appeal or direct the Vice-chairman to grant the permission applied for with
such modifications, or subject to such conbtions, if any,as may be speck6ed.
(6j The Vi ce-Chairman shall keep in such form as maybe prescribed
by regulations and register of applications for permission under h s section.
(7) The saidregister shall contak7such particulars, including information
as to the manner in which apptications forpermission havebeen dealt with, as
may beprescriSed by regulations, and shall be available for inspation by any
mcmber of the public at all reasonable hours on payment of such fee not
exceeding rupees five as may be prescribed by rzgula tions.
(8) Where pelmissior i is rehedunder this section, the applicant or any
pcrson claiming through hin;shall not be entitled to get refund ofthe foepaid
on the application forpermissionbut the V~ce-Cbaumamay, on mapplication
for refund beingmade ~ i ttb
hreemonths of the communications of the grounds
of the refusal under sub-section (4) direct refund of such portion of the fee as
he may deem proper in the circumstanr:es of the case.
62. (1) The permissionin thz sectordareas other than those specified in Permission or
sub-section(1)ofsection 81 to an individual or aperson including XIassociation mfusal id rcsof
or body o yof individuals whether incorporated or not may be granted by rhe pect of
land and
Governmenton such terms and co~ditionsand on payment of such fees and buildhe.
conversion charges as may be prescribed :
the said Act and the powers underthe said Act shall continue to be exercised
by the Director, Town and Courihy
.
planning,Haryana.
.
Applicalion of
certain existing
provisions.
Transfer of
assets, liabilities, powers etc.
to Local
Develupment
Authority.
is constituted.
(2) Notwithstandjngthe provisions of sub-section (I),(u} a~1y~1gdo~1eora1yaction~cnincludingmynotification,
order, scheme, permission or rule made, granted or issued by
the Governmentor the Haryana Urban DevelopmentAuthority
,
@)
(dl all fees and other sums of tnoney due to the Haryana Urban
Development Authority immediatelybefore the constitution of
the Local Development Authority shall be deemed to be due ta
the Local DevelopmentAuthority ;
'
URBAN DEVELOPMENT A U T H O R 1 7
power under the provisons of sections 172 to 181, 184 to 1K6, 188, 193,
1 98,20 1 to 21 I and 218 to 220,of the Haryana Municipal Act, 1973, and
the powers under the aforesaid sections shall be exercised by the Local
Devclopment Authority ; and further, rhat all acts done by the municipal
committee ID respect thereofshall be deemed to have bcen done by the ViccChainnan ofa Local DevelopmentAuthority.
(6) The powers and functions vested with the Director, Town and
Countq Planning under sections 7,10 and 1 1 of the Haryana Development
andRegulation ofurban AreasAct, I975 (Act 8 of 1975) shall be exercised
by the Vice-chairman of the Local Development Authority fiom thc date of
itc constitution.
Nore.-The urban area under section 2 ofthe said Act shall be deemed to be
a loca! development area of the concemid Local Development
Authority.
(7) All the powers and functions of the Director, Town and Country
Planning under sections 3,6,9,12,13,14, I5 and 16 of the Punjab Scheduled
Roads and Controlledhas Restriction of Undegulated Development Act,
1963 (Act 41 of 1963) shall be exercised by the Mce-Chairman of the L.oca1
Development Authority horn the date of the constitution of the LocaI
DeveIopment Authority in respect of its local development area.
LJIZBAN
DEVELOP~IEW
AUTIIOKITY
~'
87. (1)Any person who whether a t his own instance or at the instance C c ~ ~ a uthrlill
of any other person or any body includirlg a department of Government pena1tic.s.
undertakes or carries our developinent of any land in contravention ofthe
master plan or scctor development plan or wi thout the penmission, approval
or sanction referred to in section 80 or in colltravention of any condition
subject to which such permission, approval or sanction has been granted,
shall be punishable wit11 fine which may extend to ten thousand rupees, and in
the casc of continuing offence, with further fine which may extend to five
hundred rupees for every day during which such commission of the offcnce
c o n h u t s aftcrconvictionfor the fimt commission of the offencc.
\'
1
(2) Any person who uses any land or building in contmvention of the
provisions of section 82 or in contravention of any terms and conditions
prescribed by regulation shall be punishable with fine which may extend to
five thousand rupees and uithe c ~ ofea continuing offence, with krther fine
which may extend to two hundred and fifty rupees for every day during which
such cornmission of the offence continues after conviction for the first
conlmission of the offence.
(3) Any pcrson who obstructs the entry of a person authorized by the
Vice-Chairman to enter into or upon any land or building or molests such
pcrson after such entq $hallbe punishable &th imprisonment for a t c m ~which
may cx:tend to six months, or with fine which may extend to one thousand
rupees, or with both.
**.
Otdcrofdcmolibon of
URBAN DEVELOPMENT A ~ J T H O R I ~
to the owner or that person as may be specified in the order and on his failure
to comply with the order, the Vicc-Chairmarl or such ofificer may remove or
cause to be removed the development and the expenses of such removaI as
certified by the Vice-Chairman or such officer shall be recoverabIe fionz the
owner or the person at whose instance the development was cornrnencecl or
was being carried out or was completed, as arrears of land revenue :
Provided that no such order shall bc made unless the owner or the person
concerned has been given a reasonable opportunity to show cause why the
order should not be made.
(2) Any person aggrieved by an order under sub-section ( 1) may appeal
to b e Chairman against that order within tk&/days fiom the date thereof and
the Chairman may after hearing the part~esto the appeal eitherallow or dismiss
the appeal or may reverse or vary any part of theorder.
I
(3) The Chairman may stay the cxecution of an order against which an
appeal has bcen filed before it under sub-section (2).
(4) The decision of the Chairman on the appeal and subject only to
such decision, the order under sub-section (I), shall be final and shall not be
questioned in any Court.
( 5 ) The provisons of this section shall be in addition to, not indemption
person by whom the development has been commenced and all his assistants
and workmen from the place of development withi11such rime as may be
specified in the requisition, and such police officcr shall comply w-iih tkc
reqnisition accordingly.
(3) After the requisition under-sectiw (2) has been complied with thc
Vice-chairman of the Local Development Authority may depute by a written
order a police officer or an officer or employee ofthe Local Development
Authority to watch the place in order to ensure that the development is not
continued.
(4) Any person failing to comply with an order under sub-section (1)
shall be punishable with a fme whichmay extend to two hundred rupees for
every day during which the non-compliance continues after the service of the
order.
( 5 ) No compensation shall be claimable by any person for any damage
whch he may sustain in consequence of the removal of any development
under sec tion 87 or the diswntinuanceof the development under this section.
'
4 '
Powers to
provide amenity
Or
cav
Out
devclopment at
ofowner
(2) If any amenity is not provided or any such developmc~tis not carried
out w i t h thc rime spccifid in the order, then the Local ~evelhprnent
~uthority
Provided that before takmg any actiou under this sub-section, the Local
Development Authority shall afford a rcasonablc oppoaunity io thc owner o F
the !and or to the person providing or responsible for providing the anlenity to
show cause as to why such action should not be taken.
(3) All expenses incurred by the Local Development Authority or the
agency cmpIoyedby it in providing the amenityor canyingout the development
together with interest at such rate as the State Government may by order fix
fiom the date when a demand for the expenses is made until payment may be
recoveredby the Local Developn~entAuthority ficlrn the owner or the person
providing or responsible for providing thc amenity as arrears of land revenue.
(4) Notwithstanding anything contained in the foregoing sub-sections
where the Local DevelopmentAuthority on the written representationby so
many of the owners of any land in a development area as may represent not
less than one half of the area, of that land, is satisfied that any amenity in
relation to such land has bot beenprovided wbich in the opinion of the b c a l
Development Authority ought to have been or ought to be provided, or tbat
any development of that land for which pem~ission,approval or sanction has
been obtained under this chapter or under any law in force before the
com~nencementofthis Chapter has not been carried out, it may itself provide
the amenity or carry out the development or have it provided or carried out
through such agency as it deems fit, and recover the expenscs by levy ofccss
fiom all the owners of the said land :
URBAN DEVELOPMER'~AUTHORITY
..
(8) Ifunder any agreement between the owners ofthe land, the colonizer
or thc societyreferred to in ~1:bsection
(4) the responsibilityfor providing the
amcnity or carrying out the developmentrested with such colonizer or society,
the cess payable under that sub-section by the owners shall be recoverable
by them from tbe colonizer or the society, as the case may be.
92. (1) Where any area has been developed by the Local Development Power afLocal
Authority, it mayrequire the 1ocal authority within whose local limits the area Development
so developed is situated, to assume responsibility for the maintenance of the Autcority
to
=quire local
amenities which have been provided in the area by the Local Development autborilyto
Authority and for the pmvisions.of the amenitis which have not b m provided
,,by the M DeveIopma~tAuthoritybut which m its opinionshould be provided ponsibilitiei in
in the area, on terns and conditions agreed upon between the Local certain cases.
Development Aathority and locai authority, and where such terms and
conditions cannot be agreed upon, then on a reference of the matter to the
State Govcrmnent by the Local Development Authority on terms and conditions
settled by the Government in consultationwith the local authority.
,,
-;
URSAN DEVELOPMENT A U T H O R I m
(3) Ifthe local authority recovers taxes from such an area prior to the
period of five years, the transfer shall take effect from the dare of recuvery
Power of Local
Dcvelo~ment
Autf'oriv
to
levy bcttcnent
cl~argcs.
Assessment ,,f
b c ~ ~ ~ ~ e
charges by
Local Development Authority.
of taxes.
93, (1) Where in the opinion of the Local DevelopmentAuthority, as a
consequenceof any development scheme having been executed by it in any
IocaI development area, the value of any property in that area which has
benefited by the development, has increased or will increase, the LocaI
DevelopmentAuthorityshall be entitled to levy upon the owner of the property
or any person having an interest herein a betterment charge in respect of
the increase in vaIue of the property resulting fiom the execution of thc
development:
Provided that no betterment charge shall be levied in respect of lands
owned by the Government :
Provided furtherthat where any land belonging to the Government has
been granted by way of lease or licence by the Governlent to any person,
than that land and any building situated thermn shall be subjcct to a betterment
charge under this section.
(2) Such betterment chargc shall be an amount(i) in respect of any property situated in the townst?ipor colony, if
any, developed or in other area developed or re-developed,
equaI to one- third of the amount, and
(id in respect of property situated outside such township, colony
or other area, as aforesaid, not exceeding one-third of the
amount, by which the value of the property on the completion
of the execution of the development scheme, estimated as if the
property were clear of buildings, exceeds the value of the
property prior to such execution, estimated in the manner.
94. (1) When it appears to the Vice-chairman than any particular
n
t
deveIopment scheme is sufficiently advanced to enable the amount of the
betterment charge to be determined, the Vice-Chairman may, by an order
made in that behalc declare that for the purpose of determiningthe betterment
charge the execution of the scheme shall be deemed to have been completed
and shall thereupon give notice in writingto the owner of the propertyor any
person having an interest therein that the Vice-Chairmar.proposes to assess
the amount of the betterment charge in respect of the property under
section 93.
(2) The ViceChairman shall then assess the amount of bettermmtchargc
payable by the person concerned after giving such person an opportunity to
URBAN DEVELOPMENTAUTHORITY
99
be heard and such person shall, within three months fiom the date of receipt
of the notice UI writing of such assessnient from theVice-Chairman inform the
Vice-Chaiman by adeclaration in writing that he accepts the assessment or
dissents from it.
(3) When the assessmentproposed by h e Vice-chairman is accepted
by the person concerned within the period specified in sub-section (21, such
assessment shall be fmal.
(4) lf the person concerned dissents fiom the assessment or fails to give
thc Vice-Chairman the information quired by .sub-section(2) within the period
specified therein, the matter shall be determined by the Chairman and such
determination shall not be questioned in any Court.
95. Subject to the conbol of the State Government every decision of Finality of
the Chairman on appeal, and subject o d y to any decision on appeal (if i t lies decision.
and is prcfmed), the order of thcqce-Chairman or other officer under section
8 1, or section 88, shall be final and shall not be questioned in any Court.
96. ( I ) The betterment charge levidunder this Chapter shall be payable Payment of
in such number of instalments, and cach instalment shall be payable at such betm-~-~ent
time and in such manner, as maybe fixed by byelaws made in that behalf. charges.
of land revenue.
97. (1) The duty imposed by the Indian StampAct, 1899, on any deed Additional
of transfer of immovable property shall, in the case of an immovable property stamp duty on
situated within a development area, be increased by two per cent an the
of property.
amount or value of the consideration with reference to which the duty is
calculated under the saidAct :
(2) All coIlection resulting from the said increase shall, after deduction
ofincidental expenses, ifany,be allocated and paid bythe State Government
in its discretion either to the Local Development Authority alone or as the
I
case may be, in such proportionas may fiom time to time bc determined, in
such manner and inaccordance %vitb such principles as the State Government
may notify in the Official Gmxtte.
(3) For purpose of this section, section 27 of the Indian Stamp Act,
1899, shall be read as if it specifically requiredthe particulars referred to
URBAN DEVELOPMENT A U T H O M R
inspections.
100. (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.
(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)
URBAN
DEVELOPMENT AUTHORITY
-'
1
I
Pubtic 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
103. Where any notice, order or otber document issued or made under
this Chapteror any rule or regulation made thereunderrequiresanythmgto be
done for the doing of which no time is k e d in this Chapter or regulation, the
notice, order or other document shall specify a reasonable time for doing the
same.
103
Savings.
Central Government ;
'
0)
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 buildingor classofiands orbulldingfrom all or anyoftheprovisions' buildings, clc,
of this Chapteror rules or regulationsmade thereunder.
106. (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, ifat 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
-7
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
not compulsorily acquired the owner of the land may serve on the State
Government a notice rapiring his intaest 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 DEVELOPMENTA u T H o R l n
said six months, as if that land were not required to be kept as-anopen space
or unbuilt upor: or were not designated as subject to compulsory acquisition.
Power to makc
rules fur
purposes of'
this Chapter.
rules.
(3) All rules made under this Chapter shall, as s ~ o nas 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, extendingin its one session or more than
one successive sessions, and shall, unless some Iater date is appointed, take
effectfrom 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
rc~latiomfor
p u ~ o s c s of
tl~isChapter.
(b) the powers and duties of the ChiefTown Plmer, Chief &peer,
Conboller of Finance, Secretary, Estate Officer and Manager
Estate of the bcal Development Authority ;
-
(C)
(e)
Cfl
and maps ;
(i)
-.
*
(a) the form in which any application for permission under subsection (1) ofsection 8 I shall bemade and the particulars to be
furnished in such applications ;
laws.
Contribution of
Local Dcvclopmen' Autho"
to Slarc ex-
chequer.
nissolution of
DevelopAuihority.
"""'
111. (1) Where the State Government is satisfied that the purposes for
which the Local DevelopmentAuthori ty was established under this Chapter
have been substantially achieved so as to render the continued existence of
the h l DevelopmentAuthorityor ic the opinion of State Governmenti t has
become necessary to wind up an existing Local DevelopmentAuthority thc
Government may, by no!iication in the Official Gaizttedeclare that the Local
DevelopmentAuthority shall be dissolved with effectfrom such date as may
be specified in the notification ;and theh a 1 DevelopinentAuthority shall be
deemed to be dissoIved accordingly.
(dl for the purpose of carryingout any development which has not
been fully carriedout by the h a 1 ~ e v e l o ~ m e~uthority
nt
and
for the purpose of realisingproperties, h d s and dues refe~rerl
to in clause(a)the functionsofthe Local DevelopmentAuthority
shall be discharged by th.c StateGovemment.
URBAN DEVELCIP~ENTA C T I I O R ~ ~
1 U?
(2) The State Government for all intents and purposes of this Chapter ~,,,l ~,,,~,p.
sbll be the Government in the Departr,~entof Town and Cocntry Planning. mint huthorG
305
PART I
I.EGlS[,ATIVE
DEP4R.L'MENT
Nolilicalio~~
No. Leg.
r5!2004.-?'he
io;loi~!inr A:!
\if
:he Lepi.:l;iiurc
Ilarw;lrl;~ ,ict
the
{if
A[-r
ii,riher lo anlend !lie bIdryc~no1J16on Dr~~elopmen!
.iu;hurih; :icr, !e.':..
1.1
ii:;,~,.
5)
::
4mc11ilmrnt
or
C h a p l e i itI Il i i,!
ii;<ry;~na
1971.
fiii-
A~
m c l ~ ~ l n c l i l 111
3. For i.:ih-sr:ctlo:i ( I ) of saclir,n 62 o f the p:inc~pal Act, tllc f r . ~ l l o w i : ~
acriioo
62 iif
sub-seclior~shnii be substituLed. ~naniriy
Iiarjana Acl 13 o i
I???
.
...~
.
-=
-.
-.
-.
. . .~
~. .
-~
-
306
( I 0 o f 1994) or any otlier arcs wliich irk the opinion of the Sta!e
(;overmiriit is likely to be dsveiop,-<l".
.~.
- .
i.\dicndrneni o l
s c / i o n 63 ui
&iijg.lor Ack 13
.
$f..l977.
.
.
..c.. .~
1. In sub-sectlon I I ) nf s r c l i o ~63
~ o i rhr princ~yirlAct, -(i)
.z.;::;=:.:
=-..
5- .-
E$
=r7.
(ii)
[iii)
--
%:<$mi.ndrnclli
.
-~
=jcclion
67
..~-
of
ol
L!!aryaus Act 13
Eof
!I)
~.. 1977
I ~ ~ I c: I.-~ . ,
rcclioll 7';
or
6, For the existing Note to srcticn 77 o f the piiiicipal Act, the folluwi~igNotc
shall be substiu~tcd,naniely :',NO~(!.- Tlic dcvcloprncnt pla11 prepared and approved by tlie
:I!
ii:x::gl;~:cd Dev~~~:p!lieni
hcl, ic'.G3
(Kegulatioi~a d Developniel~l)Ac~,
1971 (42 of 1971) or under scclioii
. ..
~ii~lil
arca forming pan 01' thc conlroiicd area cierlarcd under \he ahresaid
Acts
;LII~
lt~esalnc
shnll be in!c!:ia!,:d
lo!:,
ili;.
.
...
....~
.
....
~
307
--
$7,iJnsectior!
.
85 of tlle principa1Acl.-
...
r.=-.
.-
%=:~.
::
.=:.... ~.
..
(I)
in sub-sectlc>i( 4j.-
0)
r .
..
An~cnilrnt:n: o f
BS
LCCI,O~,
H t t i y i \ ~ j aC
13