(i)

S.3(a)(b) Officers and Employees of the Board

(1) The Board shall have a Chief Administrator to be appointed by the Government to assist in its day to day functioning and shall be the overall in-charge of the officers and employees of the Board.

(2) The Board may, with the approval of the Government, create such other posts and appoint such officers and other employees thereon, as it may consider necessary for the efficient discharge of its functions.

(3) The conditions of service of officers and other employees referred to in sub-section (2) and their functions and duties shall be such, as may be specified in the bye-laws.

(4) All contracts with prior sanction of the Executive Committee shall be signed by the Chief Administrator and in his absence, by an officer authorised by the Executive Committee.

S.3(a)(c) Functions and Powers of Board

(1) The Board shall be the apex body for overall planning and development of infrastructure sector and infrastructure projects for the benefit of State of Haryana, subject to the limitations specified in sub-section (3).

(2) The Board shall-

(i) act as a nodal agency to co-ordinate all efforts of the Government regarding the development and implementation of infrastructure sectors and infrastructure projects for the benefit of State of Haryana, involving private participation and funding from sources other than those provided by State budget and shall,-

(a) identify infrastructure projects for private participation;

(b) promote competitiveness and progressively involve private participation while ensuring fair deal to the end-users;

(c) identify and promote technology initiatives in urban development and infrastructure development sector for improving efficie

S.3(a)(d) Power to make Bye laws for efficient administration of Board

The Board shall, with prior approval from the Government, make bye-laws for proper performance of its functions under this Act, which without prejudice to the generality of powers may provide for the following matters, namely:-

(a) constitution, functioning and powers of Sectoral Sub-committee, Project Implementation Sub-committee;

(b) duties of officers and employees of the Board and conditions of service;

(c) conduct of the meetings of the Board, the time and place at which such meetings shall be held, the procedure to be followed in the transaction of business; and

(d) any other matters in relation to which bye-laws are required to be or may be made.

S.3(a)(e) Power to issue directions

The Government may, from time to time issue such directions to the Board on matters concerning the infrastructure sectors and the infrastructure projects in the State, as it may deem fit, for the purpose of carrying out the provisions of this Act and the Board shall be bound by such directions.]

S.3(b) Erection or re-erection of buildings in a licensed colony

No person shall erect or re-erect buildings in a colony save in accordance with the approved plans and subject to such restrictions and conditions as are contained in the license or as may be specified by the Government or the Director.]

S.4 Maintenance of registers

The Director shall maintain such registers as may be prescribed showing sufficient particulars of all cases in which licence is granted or refused by him and the said registers shall be available for inspection without charges by all interested persons and such persons shall be entitled to have extract therefrom.

S.5 Cost of development works

(1) The colonizer shall deposit fifty per centum of the amount realised, from time to time, by him, from the plot- holders within a period of ten days of its realisation in a separate account to be maintained in a scheduled bank. This amount shall only be utilised by him towards meeting the cost of internal development works in the colony. After the internal development works of the colony has been completed to the satisfaction of the Director, the coloniser shall be at liberty to withdraw the balance amount. The [remaining seventy per centum] of the said amount shall be deemed to have been retained by the coloniser, inter alia, to meet the cost of land and external development works.

(2) The colonizer shall maintain accounts of the amount kept in the scheduled bank, in such manner as may be prescribed.

[Provided that where the license under section 3 is granted for setting up a colony for cyber city or cyber park purposes,

S.6 Auditing of accounts

(1) The Director, or any other officer authorised by him in this behalf, shall be completed to inspect the accounts maintained by the colonizer who shall produce before him all the relevant records required for this purpose.

(2) The coloniser shall get his accounts audited, after the close of every financial year, by a chartered accountant and shall produce a statement of accounts, duly certified and signed by such chartered accountant, in the manner prescribed.

S.6(a) Grant of Transferable Development Rights (TDR) Certificate

(1) If the owner whose land is eligible for issuance of TDR Certificate within the urbanisable limits of any development plan, subject to such terms and conditions, as may be prescribed, makes an application on the prescribed format, for handing over the possession of such land, to vest with the Government through the Director, for all intents and purposes, free from all encumbrances, shall, notwithstanding anything contained in this Act or rules framed thereunder, be entitled to be granted TDR Certificate upon payment of such fee and charges, as may be prescribed.

(2) On receipt of the application under sub-section (1), the Director, shall undertake scrutiny of such application to -

(a) verify the extent, situation and title of the land;

(b) ascertain conformity of the application to the prescribed parameters; and

(c) initiate and examine the claims and objections in such manner,

S.6(b) Grant of Purchasable Development Rights Certificate (PDR Certificate).

(1) A colonizer intending to obtain a PDR Certificate shall make an application on the prescribed format, alongwith an undertaking to deposit such fee, as may be prescribed, upon demand, shall be entitled to be granted PDR Certificate under this section upon fulfillment of such terms and conditions and on payment of such fee, as may be prescribed.

(2) On receipt of the application under sub-section (1) and upon scrutiny of the application, the Director, if satisfied, may issue PDR Certificate specifying its utilization or may reject it, citing reasons thereof:

Provided that no such application shall be rejected without giving an opportunity of hearing to the colonizer.

(3) The utilization of development rights against any PDR Certificate issued against a specific colony shall be non-transferable and fee deposited against it shall be non-refundable.]

S.7 Prohibition to advertise and transfer plots.

Save as provided in Section 9, [no person including a property dealer shall]-

(i) without obtaining a licence under Section 3, transfer or agree to transfer in any manner plots in a colony to transfer in any manner plots in a colony or make an advertisement or receive any amount in respect thereof;

(ii) erect or re-erect any building in any colony in respect of which a licence under Section 3 has not been granted.

(iii) erect or re-erect any building other than for purposes of agriculture on the land sub-divided for agriculture as defined in clause (aa) of Section 2 of this Act;

S.7(a) Registration of certain documents.

Notwithstanding anything contained in any other State law for the time being in force, where any document is required to be registered under the provisions of section 17 of the Registration Act, 1908 (Central Act 16 of 1908), purporting to transfer by way of sale or lease any agricultural land having an area of less than two kanals in an urban area, as may be notified specifically by the Government, from time to time for the purposes of this section, no Registration Officer appointed under the above said Act shall register any such document unless the transferor produces before such Registration Officer a no objection certificate issued by the Director or an officer authorized by him in writing in this behalf to the effect that the said transfer does not contravene any of the provisions of this Act and the rules made thereunder and such no objection certificate shall be issued to the concerned Registering Authority within thirty days from the date of receipt of the a

S.7(b) Time limit for completion of a specific category of colony

(1) Notwithstanding anything contained in this Act, the Government may, by notification, specify a time limit for completion of a specific category of colony. If the coloniser fails to complete the laying out of any such specific category of colony in accordance with the approved lay out plans or to execute internal development works as per the approved design and specifications or to apply for grant of completion certificate under sub-section (6) of section 3 within the specified time limit, the Director shall not entertain any application for renewal of the licence and shall issue a show cause notice as to why the licence granted may not be treated as lapsed. The coloniser shall reply to the show cause notice within a period of thirty days from the receipt of such a notice.

(2) On receipt of the reply to the show cause notice issued under sub-section (1), the Director shall give an opportunity of hearing and after making such enquiry, as deeme

S.8 Cancellation of licence

(1) A license granted under this Act, shall be liable to be cancelled by the Director if the colonizer contravenes any of the conditions of the license or the provisions of the Act or the rules made thereunder:

Provided that before such cancellation the coloniser shall be given an opportunity of being heard:

Provided further that upon issuance of such cancellation of licence the land and buildings involved in such licence, shall be deemed to vest with the Government, unless specifically relieved of this obligation by the Government.

(2) Upon cancellation of the licence, all necessary action shall be taken by the Director, either himself or through a third party agency identified by him, to secure the assets of the colony as well as to ascertain the claims and liabilities against the licensee.

(3) After securing the assets of the colony under sub-section (2) and without prejudice

S.8(a) Online receipt and approval

(1) All functions performed under this Act may also be performed through electronic form and internet.

(2) Without prejudice to the generality of sub-section (1), the functions may include all or any of the followings: -

(a) receipt or acknowledgement of applications and payments;

(b) issue of approvals, orders or directions;

(c) scrutiny, enquiry or correspondence for grant of license, its renewal, transfer or grant of occupation certificates, part or completion certificate etc.;

(d) approval of plans, estimates, occupation certificates etc.;

(e) filing of documents;

(f) issue of notices for recoveries;

(g) maintenance of registers and records;

(h) any other function that the Director may deem fit in public interest.]

S.8(b) Surrender of licence

(1) A colonizer intending to surrender a licence or part of licence may apply for surrender of licence along with such documents, as may be prescribed.

(2) On receipt of an application under sub-section (1), the Director shall undertake scrutiny of such application to ascertain that over the licenced area, or part of it, for which licence is proposed to be surrendered, -

(a) no third party rights exists;

(b) no internal development works exist at site and the site stands restored to its original state as it was before the grant of licence;

(c) the area norms for the part of licenced area being retained, if any, fulfils the applicable area norms for grant of such licence; and

(d) any other condition as may be prescribed.

(3) After scrutiny of application, the Director may, by an order in writing, either allow surrender of licence on such

S.9 Exemption from obtaining licence in certain cases

(1) The Director shall grant exemption to a person from obtaining the licence if he is satisfied that -

(a) the land -

(i) had been divided into plots and more than twenty per centum of the plots according to layout plan had been sold or agreed to be sold prior to the 16th day of November, 1971;

(ii) is in a compact block; and

(iii) is not situated within the controlled area; or

(b)(i) the land does not exceed 4,000 square metres and is situated within the limits of a municipal area, a notified area or the Faridabad complex;

(ii) the amenities similar to the one existing in the locality exist or such person undertakes to provide such amenities; and

(iii) the size of the plots divided or proposed to be divided is in conformity with the general layout of the plots in the locality :

Provided that

S.9(a) Control by Government

The Director shall carry out such directions, as may be issued to him, from time to time, by the Government for efficient administration of this Act.]

S.10 Penalties

(1) Any person who contravenes any of the provisions of this Act or the rules made thereunder or any of the conditions of a licence granted under Section 3 shall be punishable with imprisonment of either inscription for a term which may extend to three years and shall also be liable to fine :

Provided that where any of the provisions of Section 9 are contravened the punishment of imprisonment shall not exceed six months.

(2) Without prejudice to the provisions of sub-section (1), the Director or any other officer authorised in writing by him in this behalf, may by notice, call upon any person who has committed a breach of the provision referred to in the said sub-section to stop further construction and to appear and show cause why he should not be ordered to restore to its original state or to bring it in conformity with the provisions of the Act or the rules, as the case may be, any building or land in respect of which a

S.11 Prosecution

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Director or any officer authorised in writing by him in his behalf.]

S.11(a) Duty of police officers

It shall be the duty of every police officer -

(i) to communicate without delay to the Director or any other officer authorised in writing by him in his behalf, any information which he receives of a design to commit or of the commission of any offence against this Act or any rule or regulation made thereunder; and

[(ii) to assist the Director or any other officer authorised in writing by him in this behalf, in the lawful exercise of any power vested in the Director or any other officer authorised in writing by him in this behalf under this Act or any rule or regulation made thereunder.]

S.11(b) Power to arrest.

(1) A police officer not below the rank of sub- inspector, shall arrest any person who commits in his view any offence against this Act or any rule made thereunder, if the name and address of such person, be unknown to him and if such person, on demand declines to give his name and address, or gives such name or address which such officer has reason to believe to be false.

(2) The person so arrested shall, without unavoidable delay, be produced before the Magistrate authorised to try the offence for which the arrest has been made and no person so arrested, shall be detained in custody for a period exceeding twenty-four hours without an order from the above mentioned Magistrate.]

S.12 Offences by companies

(1) Where an offence under this Act has been committed by a Company, the Company as well as every person incharge of, or responsible to, the company for the conduct of its business at the time of the commission of the offence, shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and i is proved that the offence has been committed with the consent or connivance of,or that the commission of the offence is attributable to any neglect on the part of a Director, Manager, Secretary or other officer of the company, such Director, Manager, Secretary

S.13 Composition of offences

(1) The Director may, either before or after the institution of the proceedings for prosecution, compound any offence punishable by or under this Act.

(2) Where an offence has been compounded, the offender, if in custody, shall be released and no further proceedings shall be taken against him in respect of the offence compounded.

S.14 Indemnity

(1) No suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder :-

(2) No suit or other legal proceedings shall lie against the Government for any damage caused by anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

S.15 Bar of jurisdiction of civil Court

No civil Court shall have any jurisdiction to entertain or decide any question relating to matters falling under this Act or the rules made thereunder.

S.16 Effect of other laws

Notwithstanding anything contained in this Act, any permission already granted to set up a colony under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, and the rules made thereunder, shall remain valid and be governed by the terms and conditions contained therein. No person shall be required to obtain a licence if he had obtained permission under the said Act and the same still subsists.

S.17 Restrictions in controlled area

Any person who has sold or transferred or has agreed to sell or transfer any plot for any purpose in a colony, in an area in which the Punjab Scheduled Roads and Controlled Areas REstriction of Unregulated Development Act, 1963, was applicable, and has not obtained permission as required by the said Act, but has realised any money before the commencement of this Act from the plot-holders, shall obtain a licence under the provisions of this Act within a period of three months from the date of publication of this Act in the Official Gazette of the State or such further period as may be allowed by the Director.

S.18 Savings

Nothing in this Act shall affect the power of the Government, Improvement Trust, Housing Board, Haryana [any local authority or other authority constituted under any law for the time being in force by the State Government for carrying out development of urban area] to develop land or impose restrictions upon the use and development of any area under any other law for the time being in force [but such power except the power exercisable by the Government, shall be exercised on payment of such sum as may be decided by the Government from time to time].

S.19 Appeal

Any person aggrieved by any order of the Director under this Act may, within a period of thirty days of the date of communication of the order to him, prefer an appeal to the Government in such form and manner as may be prescribed:

Provided that the appeal may be entertained after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

S.20 Revision

The Government may call for the record of any case pending before, or disposed of by, any subordinate authority, for the purpose of satisfying itself as to the legality or property of any proceedings or of any order made therein and may pass such order in relation thereto as it may think fit.

S.21 Review

The Director may, either of his own motion or on an application of any party interested, review, and on so reviewing modify, reverse or confirm any order passed by himself or by any of his predecessors in office :

Provided that -

(a) When the Director proposes to review any order passed by his predecessor in office, he shall first obtain the sanction of the Government;

(b) no application for review of an order shall be entertained unless it is made within a period of ninety days from the date of passing of the order, or unless the applicant satisfies the Director that he had sufficient cause for not making the application within that period;

(c) no order shall be modified or reversed unless the parties concerned have been afforded a reasonable opportunity of being heard;

(d) no order against which an appeal has been preferred shall be reviewed.

The Government may, by notification, direct that the powers exercisable by it under this Act shall, in such circumstances and under such conditions as may be specified therein, be exercisable also by an officer subordinate to it.

S.23 Power to exempt

If the Government is of the opinion that the operation of any of the provisions of this Act causes undue hardship or circumstances exist which render it expedient so to do, it may, subject to such terms and conditions as it may impose, by a general or special order, exempt any class of persons or areas from all or any of the provisions of this Act.

S.23(a) Power to issue directions

The Director, with the approval of the Government, may, from time to time and/or under the directions issued under section 9A by the Government, shall, issue directions as are necessary or expedient for carrying out the purposes of this Act.]

S.24 Power to make rules

[(1) The Government may, by notification in the Official Gazette, subject to the condition of previous publication, make rules for carrying out the purposes of this Act and may give them prospective or retrospective effect.]

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following mattes, namely :-

(a) fee, form and manner of making an application for obtaining licence under sub-section (1) of Section 3;

(b) form of licence and agreement under sub-section (3) of Section 3;

(c) fee for grant or renewal of licence under sub-section (4) of Section 3;

(d) form of registers to be maintained under Section 4;

(e) form of accounts to be maintained under sub-section (2) of Section 5;

(f) manner of getting the accounts audited under sub-section (2

S.25 Repeal

The Haryana Restrictions on (Development and Regulation of) Colonies Act, 1971 (Haryana Act No. 39 of 1971), is hereby repealed.