30.4.1977
PREAMBLE An Act to provide for the establishment of an Urban Development Authority for undertaking urban development [and the Local Development Authority for the development of local area] in the State of Haryana and for matters ancillary thereto. Be it enacted by the Legislature of the State of Haryana in the Twenty-eighth Year of the Republic of India as follows:- 1. This Act received the assent of the President of India on the 30.4.1977 and was published in the Haryana Gazette (Extra), Leg. Supp. Part I, dated 2.5.1977 2. Inserted by Haryana Act No. 12 of 2004 [Haryana Urban Development Authority (Amendment) Act 1989, received the assent of the President of India on the 1st Feb., 1994 and it is published in the Haryana Gaz. (Extra), on dated 11.6.2004 as Haryana Act No. 12 of 2004.]
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(1) This Act may be called the Haryana Urban Development Authority Act, 1977.
(2) It extends to the whole of the State of Haryana.
In this Act, unless the context otherwise require,-
(1) With effect from such date as the State Government may, by notification, specify in this behalf, the State Government shall establish, for the purposes of this Act, an Authority to be known as the Haryana Urban Development Authority with headquarters at such place as the State Government may specify.
(2) The Authority shall be a body corporate 1[as well as a local authority] by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract; and shall, by the said name, sue and be sued.
(3) The Authority shall consist of a Chairman, a Vice-Chairman, a Chief Administrator and such other members, not more than twelve and not less than six, as the State Government may, from time to time, by notification, appoint:
Provided that the number of non official members shall not, at any time, exceed three.
1. Inserted by Haryana Act No. 26 of 1984 assented on 22.1
(1) The terms of office and conditions of service of the members shall be such, as may be prescribed.
(2) The Chief Administrator shall be entitled to receive from the fund of the Authority such salary and such allowances, if any, as may be prescribed.
(3) Any member, other than the Chief Administrator, may be paid from the fund of the Authority such allowances, if any, as may be prescribed.
(4) The members shall hold office during the pleasure of the State Government.
(5) The 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 cease to be a member.
The State Government may remove, from office, any member-
Upon occurrence of any vacancy in the office of Chairman, Vice-Chairman, Chief Administrator or member, a new Chairman, Vice-Chairman, Chief Administrator or member, as the case may be, shall be appointed.
(1) The Authority shall meet at such times and places and subject to the provisions of sub-sections (2) and (3) observe such rules of procedure in regard to the transaction of its business at such meetings as may be provided by regulations.
(2) At every meeting of the Authority, the Chairman, if present, or in his absence, the Vice-Chairman, and if there be no Chairman or Vice-Chairman, present, then, any one of its members, whom the members present may elect, shall preside.
(3) All questions at a meeting of the Authority shall be decided by a majority of votes of the members present and voting and in the case of equality of votes, the member presiding shall have a second or casting vote.
(4) Minutes shall be kept of the names 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 du
Subject to any rules made in this behalf, the authority may, from time to time, appoint one or more committees for the purpose of securing the efficient discharge of the functions of the Authority and in particular for the purpose of ensuring the efficient maintenance of public amenities and development projects.
(1) The Authority or any committee appointed under section 8 may associate with itself in such manner and for such purpose, as may be prescribed, any person whose assistance or advice it may require in performing any to its functions under this Act.
(2) Any person associated with it by the Authority under sub-section (1) for any purpose shall have a right to take part in the discussion of the authority relevant to that purpose but shall not have a right to vote at a meeting.
No act done or proceedings taken under this Act shall be questioned on the ground merely of-
(1) Subject to such control and restrictions, as may be prescribed, the Authority may appoint such number of officers and other employees including experts for technical and legal work, as may be necessary for the efficient performance of its functions and may determine their designations and grades.
(2) The officers and other employees of the Authority shall be entitled to receive, from the fund of the Authority, such salaries and allowances, if any, and shall be governed by such conditions of service as may be determined by regulations made in this behalf.
(3) The exercise of any powers or discharge of any duties or functions under sub-section (1) 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.
No person who has, directly or indirectly, by himself or through his partner or agent, any share or interest in any contract, by or on behalf of the Authority, or any employment under, by or on behalf of the Authority, otherwise than as an officer or employee thereof, shall become or remain an officer or employee of the Authority.
The objects of the Authority shall be to promote and secure the development of all or any of the areas comprised in an urban area and for that purpose, the Authority shall have the power to acquire by way of purchase, transfer, exchange or gift, hold, manage, plan, develop and mortgage or otherwise dispose of land and other property, to carry out by itself or through any agency on its behalf, building, engineering, mining and other operations, to execute works in connection with supply of water, 1[treatment and disposal of sewage, sullage and storm water], control of pollution and any other services and amenities and generally to do anything, with the prior approval, or on direction, of the State Government, for carrying out the purposes of this Act.
1. Substituted by Haryana Act No.26 of 2002
1 [ (1) When any land, other than the land owned by the Central Government, is required for the purposes of this Act, the State Government may, at the request of the Authority, proceed to acquire it under the provisions of the Land Acquisition Act, 1894 2{as amended from time to time} and on payment by the Authority of the compensation awarded under that Act and of any other charges incurred in acquiring the land, the land shall vest in the Authority.
(2) For the purposes of the Land Acquisition Act, 1894 3{any other law for the time being in force} the Authority shall be deemed to be a local authority.]
1. Substituted by Haryana Act No.3 of 1984 assented on 13.7.1984 published on 16.7.1984
2. Inserted by Haryana Act No.9 of 1988 assented on 5.2.1988 published on 15.2.1988
3. Inserted by Haryana Act No.26 of 1984 assented on 22.11.1984 published on 4.12.1984
(1) Subject to any directions given by the State Government under this Act and the provisions of sub-section (5), the Authority may dispose of--
(2) Nothing in this Act shall be construed as enabling the Authority to dispose of land by way of gift but subject to this condition, reference in this Act to the disposal of land shall be construed as reference to the disposal thereof in any manner, whether by way of sale, exchange or lease or by the creation of any easement right or privilege or otherwise.
(3) Subject to the provisions hereinbefore contained, the Authority may sell, lease, or otherwise
(1) Where any person makes default in the payment of--
(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 (1), such amount may be recovered from him, in the same manner as arrears of land revenue.
(1) Where any transferee makes default in the payment of any consideration money, or any instalment, on account of the sale of any land or building, or both, under section 15, the Estate Officer may, by notice in writing, call upon the transferee to show cause within a period of thirty days, why a penalty, which shall 1[be equal to] ten per cent of the amount due from the transferee, be not imposed upon him.
(2) After considering the cause, if any, shown by the transferee and after giving him a reasonable opportunity of being heard in the matter, the Estate Officer may, for reasons to be recorded in writing, make an order imposing the penalty and direct that the amount of money due along with the penalty shall be paid by the transferee within such period as may be specified in the order.
(3) If the transferee fails to pay the amount due together with the penalty in accordance with the order made under sub-section (2), or commits a breach of any other condition of sale
1[(1) If the Collector or any officer authorised by him is satisfied--
the Collector or any officer authorised by him may, notwithstanding anything contained in any law, for the time being in force, by notice served by post and if a person avoids service, or is not available for service of notice, or refuses to accept notice, then by affixing a copy of it on the outer d
Where any person is in unauthorised occupation of any premises of the Authority, the Collector may, in the prescribed manner, assess such damages on account of the use and occupation of the premises as he may deem fit and may by notice served by post, or by affixing a copy of it on the outer door or some other conspicuous part of such premises or in such other manner as may be prescribed, order that person to pay the damages within such time not being less than thirty days as may be specified in the notice. If any person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered from him as arrears of land revenue.
(1) Any person aggrieved by an order of the Collector under section 18 or section 19 may, within a period of thirty days from the date of the service of notice under section 18 or section 19, as the case may be, prefer an appeal to the Director, or such other authority, as the State Government may appoint in this behalf: Provided that the appellate authority may entertain the appeal 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.
(2) Where an appeal is preferred under sub-section (1), the appellate authority may stay the enforcement of the order of the Collector for such period and on such conditions, as, it deems fit.
(3) Every appeal under this section shall be disposed of by the appellate authority as expeditiously as possible.
(1) The authority shall have and maintain its own fund to which shall be credited--
(2) The fund shall be applied towards meeting--
The State Government may make such grants, advances and loans to the Authority, as the State Government may deem necessary, for the performance of the functions under this Act and all grants, loans and advances so made shall be on such terms and conditions, as the State Government may determine.
(1) The Authority may, from time to time, borrow money by way of loans or debentures from such sources, other than the State Government, and on such terms and conditions, as may be prescribed.
(2) The Authority may advance money for residential, industrial or commercial purposes on such terms and conditions, as may be prescribed.
Ail payments due from the Authority on account of interest on loans or the repayment of loans shall be made in priority to all other dues from the Authority.
The Authority shall prepare in such form, and at such time every year, as may be prescribed, a budget, in respect of the financial year next ensuing showing the estimated receipts and expenditure of the Authority and shall forward to the State Government such number of copies thereof, as may be prescribed.
(1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form, as may be prescribed.
(2) The accounts of the Authority shall be subject to audit annually by the Accountant General of the State Government and any expenditure incurred by him in connection with such audit shall be payable by the Authority to the Accountant General.
(3) The Accountant General or any person appointed by him in connection with the audit of accounts of the Authority shall have the same right, privilege and authority in connection with such audit as the Accountant General has in connection with the audit of the Government Accounts, and in particular shall have the right to demand the production of books, accounts connected vouchers and other documents and papers.
(4) The Accounts of the Authority as certified by the Accountant General or any other person appointed by him in this behalf to
The Authority shall prepare, for every year, a report on its activities during that year and submit the report to the State Government in such form and on or before such date, as may be prescribed.
The Authority shall constitute, for the benefit of its whole time paid members and of its officers and other employees in such manner and subject to such conditions, as may be prescribed, such provident fund as it may deem fit.
Where any area has been developed by the Authority, the Authority may entrust the local authority, 1[discharging municipal functions] within whose local limits the area so developed is situated, with the responsibility for the maintenance of the amenities which have been provided in the area by the Authority and for the provisions of the amenities which have not been provided by the Authority but which in its opinion should be provided on terms and conditions agreed upon between the Authority and the local authority, and where such terms and conditions cannot be agreed upon, on terms and conditions settled by the State Government in consultation with the local authority on a reference of the matter to the State Government by the Authority.
1. Inserted by Haryana Act. No. 26 of 1984 dated 4.12.1984
(1) The Authority shall carry out such directions as may be issued to it, from time to time, by the State Government for the efficient administration of this Act.
(2) The State Government may, at any time either on its own motion or on application made to it in this behalf, call for the records of any case disposed of, or order passed by the Authority for the purpose of satisfying itself as to the legality or propriety or correctness of any order passed or direction issued and may pass such order or issue such direction in relation thereto as it thinks fit: Provided that the State Government shall not pass an order adversely affecting any person without affording such person an opportunity of being heard.
(3) The State Government may depute any officer to inspect or examine the office of the Authority, or its development works and to report thereon and the officer so deputed may, for the purposes of such inspection or examination, call for-
The Authority shall furnish to the State Government such reports, returns, record and other information as the State Government may, from time to time, require.
(1) Notwithstanding anything contained in any other law for the time being in force, where the State Government considers it expedient, it may, in the prescribed manner, suspend any of the powers of local authority relating to the control on development and use of lands and building under the Haryana Municipal Act, 1973, the Punjab Gram Panchayat Act, 1952, the Punjab Panchayat Samitis Act, 1961, the Punjab Town Improvement Act, 1922, or the Faridabad Complex (Development and Regulation) Act, 1971, and transfer such powers to the Authority.
(2) Where such powers are transferred to the Authority, the Authority shall be deemed to be the local authority concerned, the Chief Administrator shall be deemed to be the Committee of the Municipality or the Sarpanch of the Gram Panchayat or the Chairman of the Panchayat Samiti or the Chairman of the Improvement Trust or the Chief Administrator of the Faridabad Complex Administration, as the case may be, and the Estate Officer shall be
The Authority may authorise any person to enter into or upon any land or building other than the land or building owned by the Central Government with or without assistants or workmen for the purpose of--
Provided that-
Any person who obstructs the entry of a person authorised under section 33 to enter into or upon any land or building other than the land or building owned by the Central Government or molests such person 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 rupees, or with both.
(1) If the person committing an offence under this Act is a company, every person, who, at the time the offence was committed, was in charge of and was responsible 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 and 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 provided under this Act 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 it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer, such director, manager, secretary
All fines realised in connection with prosecutions under this Act shall be paid to the Authority.
(1) Any offence made punishable under this Act may, either before or after the institution of proceedings, be compounded by the Authority or by any person authorised 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.
Where, in the opinion of the State Government, it is necessary that the amenities provided by the Authority in an urban area should be extended to any land or building situated within the said area or within such distance from the said area as it may deem expedient, such amenities shall be extended to such land or building and the owner of such land or building shall be liable to pay to the Authority, in the manner prescribed, such development charges therefor, as may be fixed by the State Government having regard to the expenses to be incurred for providing such amenities and the benefits to be extended to the land or building.
All members, officers and other employees of the Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.
No court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act.
No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Authority or any officer authorised by the Authority.
(1) All notices, all orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served--
Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule or regulation, the notice, order or other document shall specify a reasonable time for doing the same.
All permissions, orders, decisions, notice and other documents of the Authority shall be authenticated by the signatures of the Secretary or any other officer authorised by the Authority in this behalf.
A copy of any receipt, application, plan, notice, entry in a register, or other document, in the possession of the Authority, if duly certified by the legal keeper thereof, or other person authorised by the Authority in this behalf, shall be received as prima-facie evidence of the existence of the document and shall be admitted as evidence of the matters and transactions therein recorded in every case, where, and to the same extent as, the original document would, if produced, have been admissible to prove such matters.
No member, officer or other employee of the Authority shall, in any legal proceedings to which the Authority is not a party, be required, to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, unless by order of the court made for special cause.
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.
It shall be the duty of every police officer -
(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.
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