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The Haryana Urban Development Authority Act, 1977

Act 13 of 1977

Keyword(s):
Building, Building Operations, Development Plan, Engineering Operations,
Erect or Re-erect any Building, Operational Construction, Public Place,
Transfer, Transferee, Urban Area
Amendment appended: 23 of 2004, 20 of 2014

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URBAN DEVEWPMENT AUTHORITY

1977 :Haryana Act 131

THE HARYANA UR3AN DEVELOPMENT AUTI IDRITY ACT,

1977

(Haq-anaAct No. 13 of 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.

12. General disqualificationsof officers a d enlplnyees.

L 3. Objects and functions ofhuthority.

CWTER
ACQUiSITIBNkW ZISPCSAL OF LAND

I 4. Compulsoryacquisitionoi'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~~~~.

1 9. Power to recover damages as Fears of and revenue.


20. Appeal.

UKBAN DEVELOPMENT AUTHORITY

1 1977 :Haryana Act 13

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.

26. P,ccal;?ts and 225 t.


27. Annual Report.
28. Provident Fund.

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
, ,

39. Members, officers and employees to be public servants.


40. Jurisdictionofcourts.

1977 :Haryana Act 131

URBAN DEVELOPMENT AUTHORITY

4 1 . Sanction forprosecurion.

42. Senrice ofnotice, etc.

.... -:wiices,
~ L Ci .t ~
Lx reas01135ie zi111e.

43,

45. Mode of proof of records ofAuthority.

4'7. Prfitecrion clfactiun lairen in good faith.

48, Relation ofAuthority with police.


50. Finality oforders and bar ofjurisdictionof civil courts.

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

53. Powerto make rules.


53. Pewcr ta makc regulations.

5 5 . Pezz!t;. f3r 5:c~h sf~Aes


2nd reg~lzticns.

5 8 . Rcpeal and savings.

59. Removalof&culty.
60. R e ~ e asnd
! saving.

CHAPTER M
CONSTITUTION OFLOCAX,DEVELOP$BhTAUTHORfTIES
6 1 . Definitions.
62. Declaratior, of Locsl Development area.

63. Constit~diorhof the lmal13evelopmentAuthority.

61. Terms of office and conditions ofservices ofmembers.


65. Power to remove members.
66. Filling of vacancies.

URBAN DEVELOPMENT AUTHORIT)'

[ 1977 : Havana Act 13

67. Meetingofvacancies.
69. Temporary association of persons.
70. Validation of acts and proceedings.
71. StaE
72. Object of the Local Development Authority.

Master plan for the development area.


7 4. Sector development plans.
I 3. Submission of plans to the S&te Govemmcni Iur approval.
7'6. Procedure to be follaived in the preparation and approval
cf ~ 1 . n .
I I . Date o f coiimience=ciit of plan.
7 3. Maintenance and improvement of facade of certain buildings
'13.

-11

arterial roads.
79. Amendment ofPlan.

sf!a& b-1fl:c

EC. Een:e!o;:?er:
): 1 .

!or.! dpve!oped =en.

..?ppiicatior. f ~ vrmission.
r

82. Permission or refusal in respect of uses of I and and buildings.

83. Applicability of Haryana Act 8 of 1975.


84. Application of certain existing provisions.
85. Trader ofassets, liabilities, powers etc. to Local
DeveiopmeoiAuthulity.
86. Nazullands.
57. Ce' .;h~

otlxr pe~3ri;.es.

8s. Order ofdcmolition of building.


89. Power to stop developmenr.
90, Conferment ofother powers on the Local Development
AuL~o~~LY.

9 I. Powcrs to provide amcnity or carry out development


at cost ofowner in the event ofhis dehult and to Icw
cess incertain cases.
92. Power ofLocal DevelopmentAuthority to require local

1977 :Haryana Act 131

URBAN DEVELOPMENT .4UTHORI?'Y

authority to assume responsibilites incertain cases.

93. Power of LucaI Developu~entAuthority to levy. bcttcrmcnt


charges.
94. Assessment of betterment charges by Local Development
Authorit)!
9 5 . Finality of decision.
96. Payment of betterment charges.
97. Additional starnp duty on certain transfer of property.
98. Toll for amcnities.
99. Recovery of money due to Lucal Deb elopa~cntAuthority
100. R e m s and inspections.
l i)I . Service ofnotice etc.
102. Public Notice how to be made known.
103. Notices eic. io iix rewnable iimr.
104. Savings.
! 5.

L'ffllc

c'Jcyez?lmt
tfic v e q t

c.qe"tai~
r! xl: nf

buildings, etc.

i 06. Hans to stand ~rlorlihdU I c~rfiirl


c&es.
f 07. Power 10make rules for purposes of this Chapter.
108. Power to wake regulations for purposes of tlus Chapter.
109. Power to make bye-laws for the purposes of ths Chapter.
i i O. Contribution of Locai Deve!opment Auth~rity
io Starc
exc~iequer.
I i 1 . Dissn!!!tion r,f Loca! Devc!opment.4uih'~,rity.
!12. Relalionshipof J-laqmaUrban Development Authority and

b c a l Development Authority with thc State Governmenl.

1977 : Haryana Act 131

U ~ A DEVELOPMENT
N
AUTIIOR~TY

' W E HARYANA URBAN DEV-ELOPMENTAUTHONTY


ACT, 1977.
{Harjrana,4ct No. 13 of 1977)
[ X e c ~ i ~ v;he
d assell t
the Presidcn t uf inch on file 30tj1liy~ii,
1 977. irtid .,'irsr pitblished .fir- general i~;hnnationin rhe Watyan:1
Goverirnrerzr Gaette IExtr-aordinrity),LegislarA-c S c ~ ~ p l e t ~ Par-!
~ u n tI of
2nd Mny, 1977.1
-7

Short titlc

Whether rcpcaled or othcnvise

The Haryana
Urban Development Aulhudy

Act, 1577.

Amended by 1-laryanaAct 1 8 of 1984'


Arncnded by Hary;ma Act 26 of 1984*
Amcnded by Harya~raAci 9 of 198s"
Amended by tIaryana Act 26 of 20026
Ametadcd by Haryana Act 23 of 2003'
ninendea by Hayzna ,srr i i cr 1r!~i4"
~rnendcdby Havana Act 12 of 2004'

. 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.

URBAN DEVELOPMENT AUTHORITY

[ 1977 :Haryana Act 13

BEit enactcdby the Legislature ofthe Statc of Haryans in thc Twentyeighth Year ofthe Republic oflndia as follows:--

Short title and


cxtcnt.

1. (1) This Act may be called the Haryana Urban Development


Authority Act, 1977.

( 2 ) It extends to the whole of the State of Haryana.

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;

'[(ail "basic amenities" includc mctallcd roads, wholcsomc watcr,


sewerageand ~iectrificarims;3
I

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

(11 a house, out-house, stable, latrine, godown, shed, hut, wall


and any other struchre whether of masonry, bricks, mud,
wood, m e ~ dor aiiy other materid whaisoever;
(it)

a structure on wheels or simply resting nn the ground


without foKdations:

(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
, ,

<il,)&=g&dc,ii, y~au,,ds, cafi+iages ajd bc*bicb, i l ally*


appurtenant to any building which is intended to be used
for residential, industrial, c o ~ m l e ~ - or
~ ioilier
al b w p s ~ s ,

whether in actual use or nor;


1.

2.

Subsituted by Haryana Act 26 of 2002.


Insertedbyibid.

1977 : Haryana Act 131

URBAN DEVELOPMENT AUTHORITY

(d) "buildingoperations" include re-building operation, structural


alterations of, or additions to, buildings and other operations
normally underpaken in corulcction with thc c ~ n s t ~ u cont iof
buildings;
jej

"ChieFAdministr~lor"means thc CbiefAdm:::ls!r3 tor oflhe


-4uthority;

fl

"Co1imtor"means the Collector of the district and includes any


orjler person appuintwl by ilrz State Govcrui;cnt for pcrfom,ing
the functions of the Collector under this Act;

{ g " h v e l o p r n & ~with its prmmtical variatio& mans the canying


out ofbuiiding. ei~gui~ering,
miningor other nperatiocs in. un
over or under land or rhe making of any ma(erialcl~ai~ge,
in my
buiihg or iand and inciuries r c - d t . ~ ~ ~ ~ ~ i i i ~ i i i ;
(13) Lrdt:v~?ln!mnent
p1an"means a plan prepared under the Punjab
ScbeduIed Roads and Controlled Areas Restriction of

Unregulated Development Act, 1963, or the Fandabad


Complex (Regulation and Dcvelopment)Act, i97 1;

6)

"Dirrrctn?' means the Tlirwtclr o f Town 3rd Cornby Planning,


Haryanq and includes any person for the time being appointed
*' J tl:p S ~ f G~?~em-metlt,
c
by !~rb~ifii-.ation,
in cxcrcisc a d
perform all or any of the powers and functions of the Dircctor
mder this Act and the rules and regulations made thereunder;
L-1

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 ;
..

(iii) 5 e conirersioil 'into,mnre than'nne place 'for human


habiktion ofa building originallyconstructed as one such
place ;
1.

Substitutedby H a r y n a Amendment Ac126 of 2002.

UKBAN

[ 1977 : Haryana Act 13

DEVELOPMENTAUTIIORITY

(iv) the convcrsion of two or more places of h~u~nan


habitation
into a water number of such piaces;
(v) such alterationsofa buiIdmg as affect ib drainageor mimy
&':--igcrnen n,iJrniiiieriaiij-az*:;

(vi) thc addition of any rooms, buildings, out-houses or cther


stmcmres to my building;
(vii) the consb-uction irl a wall adjoining any street or land not
belonging !cthe owner of the v:all: or z doc: opening on
to such sheet nr iand;
Esjd;lte
:nezis a pcison apl;iik,iGd L-j dlc kidkoiiiv io
pe!fo.m tbc fkctions of an Esbtc C f i c e r under ikis Act in one

c&~~~~'

44

)h
'

it;sec;r'i)l;

or more than one urban areas;


(m)"land" includes bcncfits to arise out of land, and things attached
io the earth or perm anentiy fastencd to anything attacheato the
-;

{?I

1L

luai 6

(0)

-.

..-

:ze2:$1; i;;Ly ;G;Fd


&-z~7;i$zc, ;
jji;,
iiLy;&-a
colmtliitw,a Town In~provemenrTmg the iiaridabad Col~iples
.-l-;-:..~-.d
1r ~ h T
i i i ~ 2:12lYdjA gib&i &h;eiq?rneni i\a;ioI@j
or other authority ic.gally entitled to, or entrusted by the
Gavementwldl, &ekintrol or managemen1ofa municipal or
iocal fund;
!pc2i ~

'

--.

~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.

1977 : Haryana Act 131

URB,IN DEVELOPMENT A u T H o R I n

jiii) national watenvays;


(iv) major pons;

(pi) I J O S ~ and
S

telegraphs, telephones, wireless, broadcasting

and other I~kt:forms of communications;


( vii j

regional grid for elecrricity;

{riii)any 0th-henice whicl~:he Statc Govern-men1 may, if ir is


of the opi~iionthat rhe operation, mainrenancc,
dwelnnm~ntsnr ~ v ~ r n h nf
n nsuch service i s essen~iaito
?.--:--,
the life of the community, by notification, deciare to be a
service for the purposes of this clausc.
Erpfnncrtir?n.- For the removal of doubts, it i s hereby
declared that the construct:tjonof-

(?

new residential Fuildinp,~(other than gate lodses and


qua-tctsfor Iimi ted wmtiiil op=tior,a! shEziid k c iikc),

riilway colonies, hospitals, clubs.


icstitutiona and schools, in the cass of railways; and
(irj a new buildiog. atw siruciul-eor new 'installationor my
extension thcreof, in ihe case of any other scrviw,
slid; riot tua dacaed to kezr;ns>c;z~cnk - ~ i t h &
i ~: rne2nir.g sf
this clause;
rrrarfs- and dmins in

T )

"prescribed" mcm pescrihed by rules made trnder ths Act;

( E ) "public p1ace''mears any place or building whch is oper! ro the


useand enjoyment ofpub1ic whetiaer ir is actuallyused or enjoyai
by the public or not, md whether the entry is regulated by any

charge or not;
(u)

"reguIation" means a regulation made under this Act by the


Auth~riv,

(~!j "Secretary"rnean~stheSesretaryoftheA~ltl~o~iy:

"transfer" includes a sale or lease of land or buildins under


scction IS;

(1

"tansferee"means a person, including a firm or other body of

individuals, whether incorporated or not, to whom iand or


building is sold, leasedor transferred in any manner whatsoever
under this Act, and includes his successors and assignees;

1 1977 :Haryana Act 13

URBAN DEVELOPMENT AUTIIORITY

(y)

Xrbm area" means-

(i) the arca cornpciscd within the jurisdiction of any local


authority and also arly such area in the vicinity as the State
Government may, having regard to the extent of, and the
scope for, tSc wbaaisaticaof that arca or c k z r relwanr
considerarions,specify in this behalf by notification ;and
(ii) such other area as the State Government may, by
notibtion declare to be itn urb3 =area, x ~ l i c i
hn the cplnior?
ofthe State Government is likely to be urbanised, and
includes any area declared as controlled arca undcr the
provisions ofthe Pmjab Schduied Roads and Conuolled
Areas R h c t i o n of Unregulated Develupmenr Act, 1963,
or the Faridabaci Complex (Regulation and Deveiop~r~clv)
Act, 1971.
CHAPTER n
ESTABL,ISHMF,NT OFGUTHOMTY
3. (1) With effect from such date as the State Government may, by

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

(3) Any member, other than the Chief Administrator,may be paid h r n


the find of the Authoriqsuch altowances, ifany, as may be prescribed.
(4> The m e ~ b e r sshall hnId (1 ffict: during thc p teasure of thc Statc

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-

(i) who, withbut excuse, sufficient in the opinion of the State


tiovemmt~t,is abserlt fvr r n w 8m four consecutive meerings
of the authority;

Powcr to remove
members.

(iij who has, in ri.le opinion uf ilue SPate G h ~ ~ i ~ i i i iSG~ zi i bf , i d +is


position as a member as t~ :zi:der his contixance on the
Authority detrimental to the interest o i ' h ~ u t l i 0 r - t ~ .

-,.

6. Upon m m c n c e of my vacancy in the office of the Cbairmm, Kce- ~iiiingof


Chairman,ChiefAdminisb-atoror member, a new Chairman, Mcc-Chairman, ~ a ~ a 1 ' ~ i t . s ChiefAdministrator or members. as the case may be, sball be appointed.

.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

(4) Minutes shid be kept ofthe names of:he-mcmberspresent and of


the prDceedings 31 each meeting i n a bonk to he h ~ pforthe
t
purpose. which
shall be signed at thc next ensuing meetingby the member presiding at sucn
neetmg and shaII be open to inspwtionby m y member during office hours

(51. For tbe transaction of business at a meeting of the Authority, the


quorum sball be one-third of theriumberofmernbers actually smingfor the
-.
time being but shall not,-in.anycase,be Iessthan four.

56

[ 1977 :Haryana Act 13

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.

'

9. (1 ) The Authority or any committee appintedunder section 8 may


associatewith itself in such nlanner and for such purpose, as may be pmcribcd,
zny pcmon whnse rtssistance or arivice i! may require in performing any d i i s
functiol~s
undcr this Act.
(2j A I Ip~c ~ ~~ E~ S~X iJ iL ~ wiih
~ C ~ii by i k A ~ i h ~ i - ~
i *i i d S~~ r- S C L ; ~ O ~ I
(1) for any purpose shall have a right to take part in the discussion of the
.4uthority reievant to that purpose but shall not have a right to vote at a meeting.

VaiidatWn of
acls arrd

proceedings.

i O . Xu act dunc or prwtxrlirlgs take11under his Aci shall be questia~led


on the grouzd merely cfy, q. ~ c c ~ ~ ~ s i- ~ ~ ~ 5 c u - ~ ~ ~ y
of, theAuthority;
+'

(b) any pcmon? assnciated undcr sectinn 9, having voted in


contravention oftl~ewrovisionsofthishct in t I i s behalf;

(c) rhe failure to s a v e a notice on any person where no substantial


injustice bas m l t e d from such f a d q

(d) my omission, defect or irregularity not affecting the merits of


the cese.
,,

11. (I ) Subject to such conrrol and restrictions, as may be prescriber<


the Aud~oritymay appoint s u ~ numnber
h
of officers and other employees
including cxperts for technical and legal work, as may bk necessary for the
efficientperformance of its functions and may determine their designations
and grades.

(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.

1977 1 Waryana Act 131

URBAN DEVELOPMENT AUTHORITY

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.

Inserted by Haryana Act 26 uf 1984 a i d shall bc decrned


to have come into force
. .

witheffcct from the 2nd May, 1977,


Inscfled by Haryana Amendment Act 9 of 1988.
Substituted by Haryana Act 26 of 2002.

URBAN DEVELOPMENT AUTHORITY

1 1977 :Haryana Act 13

(6) any such land afterundedchg or caqmgout such development


as it thinks fit,

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.

(3) Subject to the provisions hereinbefore contained the Authoritymay


seil, !ease, or othzrwise transfer whcrher by sti~tionalioment or orhcnvise.
rmy land ur building belclugin3 to it on such terms and canditi~nsas itmay; by
,.eg3 ;&oi-fi,piov-;de(4) 'fie considerationmoney for mytanst'erunder sub-section ( 1) shall
be paid to the Authority in such mgnner as m3y be providcd by regulations.
I

( 5 ) Notivithstanding anphing contsined in my other law, for thc t h e


being in for=, any Iand orbuilding or both, as the case may be, shall continue
ro belong ro the authoriwuntil the entire cons id era ti or^ money toget her wi dl
interest and other amount, if any, due to theAuthoriryon account of the sale
of such h : l d or huiidh~girrboth :S mid.
( 6 ) Until the conditions provided in the regulations are fulfil led, the
transferee sha1,J not transfer hs rights in the land or building except with the
previous permission of the Author&, which may be granted on st~chterms
and conditions,as the Authority may deem fit.
imposition af
p?~:!P,f :?.?

mode of recovery of

15. (1 ) W herc any person m&zs dehult in the payment 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

1977 :Ha~yattaAct 131

URBAN DEVELOPMENT AUTHOR^^

(I), such m o u l t may be recovered fiom him, in the same manner as m a r s


of land revenue.

17. (1) Where any transferee rnakcs default in t h e p a p e n t of any Rcsurnption

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.

(4) After considering t h e cause, if any, shown by the transferee in


pursuance oPa notice under sub-section (3) and any evidence that he may
PI.D&~KG ks u p ~=f
~tb?:
~ tZEC: =d zfcx gii.vLnghi= a rramn~lhleopporhlnity
of being Ileard in the matter, rhe Estate;Ofiicer, may for -om to be recorded
ir: w~ring,mate an order resuming the land or b~~ilding
GT both as thc casc
may be, and directing the fodciturc as providcd in sub-sectiun (3)of thc
whole or any part of the money paid in respect ofsuch sale.

(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:

P~ovidedthat the ~hief~dmini&rormay entertain the appeal afkr the


expiry of the said period ofthirty days, if he is satisfied that the appellant was
prevented by sufficient cause fiorn filingthe appeal in time.

[ 1977 : Haryana Act 13

URBAN DEVELOPMENT AUTHORITY

(6) 'l'he ChiefAdminimtormay, after hearing the appeal, confirm, vary


or reverse the order appealed fium and may pass such order ~she deems fit.
(7) The ChiefAdministrator may, cither on his own motion or on an
apylicaiiori received iri u s behiif, a1 any iilrlr withhi ii p ~ n o d
rjf six nlun(trs
from thc date of the ordcr, for the purposc of satisfying himself as to tllc
legaIity or propriety of such order and may pass such order in relation thereto
as he thinksfit:
Provirlrri that the ChiefAdminisiraiorshall not pass an rlrrier under this
scction prejudicial to anypenon without givinghim a rmonabls opportunity
ol'king h a d .
[ ( 8 ) Any person aggrieved by an order of Chicf Administrator under
sub-section (6) may within a period of ninety days of the date of the
communication to him of such order,prefer a revision petition to the Secretary
to Government, Haryana, Town and Country Planning Department, in such
form and manner as may be prescribed :
moviieti fw~crile S m e q ro r'iovemmenr, Hz~E;;I ntq.'p.XIti C o ~ i r r j
Plming Uzp,artment, may entertain the revision petition after the expiry of
h e s a d periotloTmnetydays, if he u satlshd lhal Lhepc~ihoner\v&preventcri
by suBcient cause fionl filing the revision petition in time.
( 9 ) Thc Seretary to Govcmmenf Hary.dn'4 Town and C o u n Planning
~
Department, may, after hearing the revision, confirm, vary or reverse the order
iippeaicci furn ailti rruy ass such urcier as irc: riec~nstii:
Providd that the secretary to Govenlment, Hillpa, Tow1and Country
_PlanningDeparhrnt, shallnot pass an order under this section without hcaring
the j?ar!ies.]
C'MTZRIV

Power to evict
persous h m
premises/land of
Authority or
bui !ding
v
constructed

POWER TO EVICT PERSONS FROM PREMISES OF


TECEAUTBOrn
' 1 8 (1) If the Collector or any officer authorized by him is
~ati~fi&
(a) that any person authorized to occupy any premiseq of the
Authority has-(i) not paid rcnt IawfulIydue from him in respect of such
pxrnises for a period ofmore rhan two montbs;or
(ii) sublet, without the permission of the Estate Officer,
thc whole or my par^ of such premises ;br -

1.

Substituted by Haryana Act 23'of 2003.

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

ro occupy such premises ;or


(b) that any person is in unauthorized occupation of any Iand
ofrhe Authoriv or building constructed hereon,

1 '

thc Collecror or my officerauthorized by him may, fiowithstanding anything


~011tai11ed
in any law, for the tim be.b~gin fclrce, by ~mticeservcd by pnst and
if a penon aviods senice, or is uoi avaiiable for service or~~utice,
or rcfuses
tc a r e ? ! r;l~ire,
t!~m
by afirlng a copy nfif nn the nilter dofir 1.w cnmc nihcr
conspicuous part of svch prcrniscs I land or building or in such other manner
as may be prcscribcd, call upon my p~rson,who has committed a breach of
the provisions oft his Act or the rules fiamed thereunder, to vacate the said
prcrniscs/land or bui!dicg constructed thereon or demolish unauthorized
constructinn and to aFpear and show cause why he shr~uldnot hc ordered to
restore to its original state or to bring i t in confomitywiththe provisions of
this AGLor thc txlcs +i;lcd t?crcil;ldcr, as the cas~ma_y
k,and ij'sucii pewon
iai is tr! s l ~ o w
cause i~d ~satisfachon
e
ofthe Collectoror my ~%cer
authorizd
by hm \i;ithil! a period ofseven days the CoIlector or m y officer authcrizcd
hy him shall paw an nrder requiring him to vacate such premises / land or
buiIdir~gcomic!& thereon w dmolish mauthorizd c n m c t i o n mdmtnm
toits on@ stateor to bring it in confo~tywithttleprovi~ions
ofthisAct or
tile rules framed thereunder, as the case may-be, vii thin a iiuther period of
seven days.
( 2 ) Hthc ordcr made under ciause (a) or clause (b) of sub-section (1 3 is
not cwried out, \=.4...ithir, 3sspecGi?Fedpricri,h e CoUecror 01-any oEccr audlofizl

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.

[3\ Even before%ce x ~ e otbe


f pried of srver! F'al? neztim.ed mder
sub-section (I), if the Collector or such officer authorized by him is satisfied
that illstead of vacation of premiseslland or building constructed thereon or
demolition of unauthorized consmction, as the case may be, rhe person
continues with the contravention,the Collector shall himself or any oficer
authorized by him take such measures as may appear necessaryto give efiect
to the order and the cost ofsuch rneasurcs shall, if not paid on demand, being
made to him, be recoverable t?om such person as arreaR of Iand revenue.

URBAN DEVELOPMENT AUTHORITY

[ 1977 : Haryana Act 13

(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

before such notice was served upon him.]


Power to
recover
rlarnagcs as

. nnzars of iarla
rcvcnue.

19. Where any person is in unauthorised occupation of any premises of


theAuthority, the Collector m y in &epmaibed manner. ass= such damages
on account of the use and occupation of the premises as he may deem fit and
m2y hy fintire s t l f ~by
~ dpnst, w by affixing a c.c?pynf ir nn the m t e r dnnr or
some ether conspicuous part of such premises or in such orher manner as
iiizj: be przsciitued, fi&i %iit pcisoii t;j piij; 2h2 damagm ;;.i:!:kSLG!: :i;;;e
not being less
thirty days as may be specified in tile notice. Ifany person
refuses 21 fails to pay thc damages w i k thc time specifid in the notice, thu
damages may be recovered from him as arrears of land revenue.
2U. ( !) Any person aggrieved by an order oithe CoileCtor u c c r secr ion
!8 or section 13 may, witbin a i;ciiod of thirty dzys from the date o f the
service ofnotice under section 18 or section 19, as the case may be, prefer
an appeal to the Director, or such other authoriry, as the State Governmenr
may a p p o h h this k M f

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.

. .

(2; Where an appeal is prcfcrrcd undcr sub-section ( 1 ), :hc appcllatc


authority may stay the enforcement of thc order of the Collector for such
period and on such conditions. as it deems fit.

(3) Every a p p d under tbis swlion s h d be disposed of by rile appellare


~uthuriq! exp~'I;!i~~sly
as p~ssible.

FINANCE, ACCOUNTS AND AUDIT


Fund of
Authority.

21. (1) The authority shalI have and maintain its own fund to which
shall be credited-

1977 :Haryana Act 13j

URBAN IXVELOPMENT AUTHORITY

(a) all moneys received by the Authority from theState Govemmcnt


and the Central Govemme~ltby way of grants, Ioans, advances
or ohrwise;

ail moneys borrowed by the Authority, fium sources otilcr than


the Guvemenr, by way of ioatis or debenaircs;
(i)

all fces received by thc Authority under this Act;

2111 morieys receiii~dbythe Autho;;.ty forEthe disposal of Ian&,


buildings and other properties, movable and immovable ;and

re) all mo;;eys rccived by the Authority by way clfrenisand prflfitq


or in any dther manner or fioin any other source.
'

cz)

r;x;rmdii~it.eincurred in thc adminism~ionofthis Act:

fb) cost of aciyisitio~of lmd for purposes ofthisAct;


(c) expenditure for development ofland;and

{dj ex~~~dinrre.forsuchr~~i~er~~urpli~cs;isii~cf~at~C;~~~r;t~~~zi~:
may rli~ector pennit.
b

(3) TheAuthority shaii keep its funds in any Scheduled Bank.

I?) TneAutborily n~ayinmiany poriiun ofis f w d insuch securities or


in such othei manner asmay be prescribed.
( 5 ) 'l%eincomeresdtit ~ from
g
invesmentsm t i n in sub-swtioh(4)
3nd prxeeds of the ca!?. ef !he SB-e shdl be credircd to ihe h11JoC ilie
Autholity
22. ~ e S t a t e G ~ ~ e ~ e n t m a y ~ ~ l a k ~ s ~ ~ b g r a n t s , ~ d ~ ~ aPOWCI
n c eofSiatr
sandloans
to the Authority, as the St'ate Govemmcnt may deem necessarj, for the Govcrunlcct to
grmts?
performance of the functions under h i s Act and all grants, loans and advances
advances and
so made shall be on such toms and mnditions, as the S m e Govcmmentmay
62k;IT;G?.

Az:h:n-it,:t.

23,' ( I ) TheAuthority may, fi-orntime totime,borrow money by way of Power to


loans or debentures from such sources,other than the Stat= Government, and Authority Lu
borruw or
on such terms and conditions, as may beprescribed.
advance
money.

URBAN DEVELOPMENT AUTKORITY

11977 : Haryana Act 13

(2) ,TheAuthority may advance money for residentiai, industrial or


commercial purposes on such terms and conditions as may be prescnhed.
p.iMiriY ~ , f
?fi>mcntt a r
inrcrest and
repayment of

24.- A11 p~yne!l?s


due
!he d?!!hpi?: TC ?C'COLL?! ~f ir?tcr~cf !c3nc,
the repayment o f loans shall be made in priurity to aH other &L'S Tram the
~uthorilij.
0th

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.

26. (1) The Authority ski!! n?2h,rlt.k


pmpk .rr@w-tsm d other re!c17m.t
records and prepare an annual statement of accounts including ihc balance
sheet in such form, as may be prescribed.

(2) The accounts ofrhe Authority shal I be subject to audit amsually by


iiieAki;uurlix:tGer~mdiuCihl: SiiiizGove~mmr:~i:
m i i a ~ yexpeniiiru~tint:uixci
by him in connection with such audit shall be payable by theAuthority to the
Accountanr General. -

(3) The Accountant General or any person appointed by hirn in


connection with the audit of accounts of the Authority shall have the same
righk privilege and authority in connection with such audit as the Accountant
General has in connection \r!id~thc audit of the Goven~ment.4ccotmts,and in
particuIar shall have the right to demand the production of books, accounts
co=cc:cd vouchcrs and othcr documents &id pzpers.
(4) TheAccounts of theAuthoriw as cedf~ed
by theAccountant Geneml
or any o t k r p:scr. appointed by him in this behalf together with the azdit
report thercon shall be fonvarded annually to the State Government.
Annual Report.

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.

1977 : Haryana Act 131

URBAN UFVEL.OP~IEMT
AUTHORITY

RELATIONS BETWEEN THE GOVERNMENT,


THEAUTHORTTYAM)THE LCICAIL*4UTHORITIES,ETC.
29. Were my area has becn developed by the Authority, the Authority
may enbust the local authority ' [dischgmg municipal functions,] within whose
local limits the area so developed is situated, with the responsibility for the
maintenance of thc 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 bc provided on terms and
conditions agreed upon betv~eenthe Authority and the local authority, and
where ouch terms and conditions cannot be agreed upon, on terms and
conditions settled by tbe State Government in consultation with the local
authority on a reference of the matter to the State Go~remmentby theAuthority.
30. (-1) 717c Authority shall carry out such directions as may be issued
to it, from h e to time, by the StateGovernment for the ezcient administration
of this Act.
(2) The State Govemment may, at anytime either on its own nlotion or
on application madeto it in ttus b e u call for the records ofany case disposed
of, or order passed by the Authority for the purpose of satisfying itself as to
the legalityor propriety or conechess of any order passed or direction issued
and may pass such order or issue such direction in relation thereto as it thinks
I3
Provided that the State Government shaIl not pass an order adversely
affectingany person without affording such person a r opportumty
~
of being
heard.

(3) The State Governmentmay depute any officerto 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, caII for'

(a) any exbact from any proceedings of thc Authority or any


committee constituted under this Act, reccrd, correspondence,
plan or other documents;
@)

any return,estimates, statement of accounts or statistics ;

=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

[ 1977 :Haryana Act 13

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

(a) making anyenquiry, inspection,rnmamnent or w e y or taking


levels ofsuch land or building;
(h) exmining works under construction and ascertaining the come
of sewers and drains;
(c)

diggi~gor boring into the sub-soil;

(d) setting out boundaries and intendd lines of work;

(el marking levels, hundariesand lines by placing marks and cutting


trenches;

fl

doing any other thing necessary for the efficient administration


ofthis Act:

1977 :Haryana Act 13 1

CIRHAN t3EVELOPMENT AU'I?-IORITY

Providcd that(i)

tlo such e n b y shal I be made except between the hours o f

surlrise and sunsct m d without giving reasonable notice ro


the occupier, or if there be no occupier. to the owner o f
the land or building;

(ii) sufficient opportunity shall in every instance be given to


enable women, if any, to withdraw from such land or
building;

(iii) due regard shall always be had, so far as maybe compatible


with the exigenciesof the purpose for which the entry is
made, to the social and re1igious ususges ofthe occupants
ofthe land or building entered.

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:

Provided that nothing containedin this sub-sccti~nshall render any such


person liable to anypunishment provided under this Act, if b e p r o v ~that the
offcnce was committed without his knowledge or that he exercised all due
djligencc to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (I), where an
offence under tltisAct has been co~nmittedbyacompanyand it is proved that
the offencc has been committed with the consent or connivance of, or is
attributable to any ncglect on the part of any director, manager, secretary or
other ~ B c c rsuch
,
director, msnager, secretaryor other officershall be deemed
to be guilty ofthat offenceand shall be Iiable to be proceeded against and
punished accordingly.
Explanation.-For the purpose of this section(a) "company" means a body corporare amd includes a finn or

other association of individ-is;and

68

1 1977 :Haryana Act 13

URBAN DEVELOPMENT AUTHORITY

(3) "director"in relation to a fmm means a partner in the firm.


Fines when
rcaliscd to be
paid to
Authority.

36. All finesmliscd in connection with prosecutions undcr thisAc t shall


be paid to the Authority.

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.

38. Where, in the opinion of the State Government, it is necessary that


!
~~eamenitiesprovidedbytheAuthorityinm~mareashouldbeextcnded
!
to any land or building situated within the said area or within such distance
r
from the said area it may deem expedient,such amenitiesshall be extended to
such land or building and the owner of such land or building sh!l be liablc to
I
pay to the .4uthority, in the manner prescribed, such developmentcharges
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 bc
extended to the land or building.

Mcmbers, officer

3 9 , All members,oflicers and other employees of the Authorityshall be


deemedt0be~ublicservantswithintherneaningofsection21ofthchdian
Penal code, 1860.

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

offence punishableunder thisAct.


41. 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.
42. (1 ) All notices, all orders and othmdocurnents required by tllis Acl
or any rule or regulation made thereunder to be served upon m y person shalI,
save as othenvise provided in this Act or such rule or regulation, be deemed
to be duly served-

t 977 :Haryana Act 131

(a)

URUAN DEVELOPMENT AUT~IORIT'~'

where the person to be served is a company, if the document is


addressed to the Secretaryof the said conipany, at its registered
ofice or at its principal ofice or place ofbusiness and is either-(i) sentbyreg7steredpost;'or
(ii) delivered at the registcred office or at the principal office
or place of business of the said company;

(b) where the person to be served is a partnership firm, if the


document is a d b e dto the said partnershipfirm, at its principal
place of business, identifying it by the name or style under
.
which its business is carried on and is either -

(i)

sent by registered post;or

(ii) delivered at the said place of business;


(c)

where the person to be served is a public body, or a corporation'


or society or other body, if the document is addresskd to the
Secrctary, Treasurer or other head of ofice of that body,
corporation or society, as its principal ofice and is cither(i) sent by registered post; or
(ii) delivered at the said office;

(d) in any other case, if the document is addressed to the person to


be served and -

(13 is given or tendered to him ;or


(ii) i s sent by regstered post to the person; or
(iii) if such person cannot be found, is affixcd on some
conspicuous part of his last known place of residence or
.business,if within anurban area or is given or tendered to
some adult member ofhis family or is affixed on some
conspicuous part ofthe land or building to which it relates.

(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

accordance with clause (b) of sub-section (1) ;or

URBAN DEVEL.C)PMF.NT
ALITIIORITY

[ 1977 : Haryana Act 13

(h) if the document so addressed. or a copy therco f so addressed,


is delivered to any person on thc land or building or wherc
there i s no person on the land orbuilding to whom it can be

delivered is affixed to some conspicuous part of the land or


building.

(3) Where a document is served on a partnership firm in accordance


with this section,the document shall be deemed to be served on each partner.
(4) For the purpose of enabling anydocument to be served on the owncr
of any property, the Secretarymay,by notice in writing, require the occupier,
if any, ofthe property to state the name and address of the owner thereof.

(5) Where the person on whom a document is t9 be served is a minor,


the senice u p n his guardian oranyadultmembex of his farnilyshallbe deemed
to be service upon the minor.

i3platiuiion.-A servantisnot a member ofthe family within the meaning


of this section.
Notices, erc, to
fixrcasonable

me.

Authentica~ion.

44. All permissioils, orders, decisions, notices and other documents of


theAuthorityshal1be authenticatedby the signatures of the Secretary or any
other officer authorised by the Authority in this behalf.

~Modcof proof

35. A copy of any receipt, application, plarl, nolice, e t ~ l r yin a register,


or other document, iri the possession of the Authority, if duly certifiedby the
legal keeperthereof, or otherperson authorised by the Authority in this behalf,

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.

shall be received as prima-facie evidence of the existence of the document


and shall be admitted as evidence of the matters and transactions thcrein
recqrdd 111 cvery case, where, and to the same extent as, theoriginal docurnent
would, ifproduced, have been admissible to prove such matters.
46. No member, officer or other employee of theAuthority shall, in any
IegaI procwimgs to which theAuthority is not a party, be required, to produce
membcrs,
any register or dccument the contcnts of which can be proved under the
officcrs and
prcceding section by a certified copy or to appcar as a witness to prove the
other employees
matters and transactions recorded therein, unless by ordcr of thc court made
of
for special cause.
Kestriction on
summoning of

1977 : Haryana Act 131

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

to commu~iicate\rlithout delay to the proper office or the PQliec,


employee of the Auth0rity.m~
infonnatjon which he receives of
a design to conunit or of the commission of any offence agaimt

this Act or any rule or tcgulation mad^ thereunder ;and

(ii) to assist the member or any officer or other employee of the


Authority in the lawful excrcise of any power vesting in such

mcmber, officer or other employee under this Act or any rulc or


regulation made thereunder.
49. (1) Apolicc officer, not below the rank ofsub-inspectar, shall arrest M e s t of
mypersonwhocornmits,inhisview,myoffence~ainstthisActormyruleoffenders.
made thmeunder, ifthe name and address of such person be u h o w n to him
and if such persor., on demand, declines to give his name and address, or
gves sucb name or address which such officerhas reason to believc to bc
'

-7

false.

(2) The pirson so arrested shall, withour unavoidable&lay, be p d u c e d


before theMagistrate authorised to try the offence for which the arrest has
been made, and no person, so arrested, shall be detained in custody for a
pcriod exceedingtwenty-four horn without an orderfromthe above mcntiolied
Magistrate.
50. (1) Save as othenvise expresslyprovided in this Act, every order Finality of
passed or direction issued by the State G o v ~ r m ~ ~ore norder
t passed or notice ordcrs and bar

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
.

regulatiorls made thereunder.


i

51. (1) The Authori~may, by resolution, autliorise that any power Power to
exercisable by it under this Act or therules or regulations made thereunder, delegateexcept the power to make regulations,may also be exercised by such oficers
of the Authori ty or State Government or local authoriry,as may be m c~tioncd
therein, in such cases and subject to such conditiom,if any, as may be specified
tl1efein.

URBAN DEVELOPMENT AUTHORITY

1977 : Haryana Act 13

(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.

T h e State Government may, by notification,dbwt that anypower


exercisable by the ChiefAdministratorundertbis Act may be exercised by
[(4)

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;

(6) the appointmentof committeesunder section 8;


(c)

the manner and purposes for associating persons under


section 9;

(d) ,thecontrol and restriction i


nrelation to appointment of officers
and other employees under sub-section (1) of section 1 I;
1.

Inserted by Haryana Act 4 of 1979.

1977 :Haryana Act 13;

URBAN DEVELOPMEKT AUTHORITY

e ) the form and manner in which an appeal maybe filedunder


sub-scction ( 5 ) of section 1 7;

fl

themanner of serving notice under sub-section (1) of section 1


and under section 19;

the maruler in whch the damagcs may be acsessed under section


19;

(I?) theinvesmentoffundundecsub-section(4)afscction21;

(i)

the procedure tr?be followed for borrowing money by way of


loans or debentures and their repayment and the terms and
conditionsfor advancingmoneyunder setion 23;

(ii) the form of the budget of the Authority and the manner of
preparing the sarnc under section 25;

(k) the form of balance sheet and statement ofaccount under subsection (1) ofseclion26;
(I) the form 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 1977 :Haryana Act 13

(a) the summoning or holding of the mcctings of the Authority, the


time and place where such mectings arc tn bc held and the

conduct of business at such meetings;


(bl the powers and duties ofthe officers and other employees of
the Authority,
(c) the salaries, allowances and conditions ofservice of officers
and other empIoyees of the Authority;
(d) the erection of buil dings ;
(e) the terms and conditions on which transfer of any right,title and
interest in any land or building may be permitted;
# the management of the propeAzs of the Authority; and
( . any other matter which has to be, or may be, determined by
regulations.
Penalty for
55. Except as otherwise provided for in this Act, any conmvention of
breach of rules any of the rules or regulationsmade thereunder s h d l be punishable wirh,fme
and rcgulatioris.
which may extend to five-hundredrupees, and in the case of a continuing
contravention,with an aational h e , which may extend to fiftyrupees, for
each dayduringwhich suchcontravention continues after the first conviction;
and the court, while passing any sentence on convictionof any person or the
contravention of any mle or regulation, may direct that any property or part
thereof, in respect of which therule or regulation has been contravened, shalI
be folfeted to theAuthority:
'[Provided that if a building is begun, erected or re-erected in
conhavention of any of the building mgdations, the ChiefAdministrator shaIL
be corupeteat to require the building to be altercd or demolished,by a w~itten
notice delivered to the omer theroof, within six months of ik havingbegun or
having beencompleted, as the case maybe. Such notice shall also specify the
period during which such alteration or demolition 11asto be completed and if
the notice is not compliedwith, the ChiefAdministrator shall be competent to
demolish the said building at the expense of the owner :I
Provided fiutber that the ChiefAdministrator may, instead of requiring
the alteration or demolition of any such building, accept by way of composition.
such sum as he may decm reasonable.]
Exemption
56. Nothing in this Ac t shall apply to the operationa1constructions.
Dissolution of
57. (1) Where the State Government is satisfied that the purposes for
which the Authority is constituted under this Act, have been substantialiy
achieved so as to render the continued existence of the Authority in the opinion

1
I

'

1.

Added by Haryana Ac14vf 1979.

1977 :Waryana Act 131

URBAN DEVI~LOPMENTAUTHORITY

of the State Government unnecessary, the State Government may, by


notification, declare that theAuthoritysha!l be dissol\wlwith effect ffom such
dat,: as may be specifiedin the notification; and the Authority shall be dce~ned
to be dissolved accordingly.
(2) Emrn the date specified under sub-section (1)(3)

all propemes, fund7 and dues which are vested in,or realisable
by the Authority, shall vest in, or be realisable by, the State
Government ;

all liabilities which are c n f o ~ b lagainst


e
theAuthody shall be

enforceable against the State Government ;and


c

forthcpurposcofcarryingoutanydevelop~nentwhichhasnot
been fully carricd out by the Authority and for the purpose or
realising properties, funds and dues referred to in clause (a),
the function of the Authority shall be discharged by thc State
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

shall vest in the Autboriv,


('c} ail debts, obf gations and liabilities incurred, all contractsentered
,into and all matters and tbhzs engaged to be done by, with or
for the State Government, under the Punjab Urban Zstates
(Developmei~tand Regulation) Act, 1964, before the

URBAN DEVELOPMENT A U T ~ I O K I ~

1 1977 : Haryana Act 13

commencement of this Act shall be deemed to have been


incurred, entered into or engaged to be done by, with or for the
Authoriy ;
(d: all taxes, fees and other sulns of money due to the State
Governmentunder the Punjab Urbrul Estates (Development and
Regulation)Act, 1964, immediately before the commencement
of this Act shall be deemed to be due to the Authority ;and

re) all suits, prosecutions and other legal proceedings institutd or


which might have been instituted by, for or against the State
Govemment under the Punjab U&m Estates (Development ancl
Regulation) Act, i964,may be contibued or instituted by, for
or agamt the Authority.

'i(3) Notwithstanding anything contained in anj other law for the


rime being in force,u

all property, movablc and immovable and all interests of


whatsoever nature and kind therein vested in the State
Government under the Punjab New Mandi Townships
(Developmentand Regulation)Act, 1960,except Mandi portion
of rhe Mandi Townships established by the Colonizaiion
Department sball vest in the Authority;

I
I

(b) anyttungdone or any action taken including any notification,


order, scheme, permission or rule made, granted or issued under
any provisions of the Punjab New Mandi Townships
(Development and Regulation)Act, 1960, shall, so far as it is
not inconsistentwith the provisions of tiisAct, co~tii~ue
in force
and be deemed to have been done or taken under the provisions
afthisActunIessandunti1 it is supersededbyanythvlgdoneor
any action taken under this Act;
(c)

all debts, obligations and liabilities incumxi, all conmcts entelcd


into and all matters and things engaged to be done by, with or
for the State Government, under the Punjab New Mandi
Townships (Development and Regulation )Act, 1960,shall bc
deemed to have been incurred, entered into or engaged to be

done by, with or for the Authority;


(d) all taxes, fees and other sums of money due to the State
Government under the Punjab New Mandi Townships
1.

Itlsertcd by Haryana Act '9of 1988.

1977; Havana Act 131

UWAR IIEVELOPMENT AUTHORITY

(Deve1oprner.t and Reg~lation)Act, 1960, shall be deemed to


bedue to theAutllority;
(e)

all suits, prosecutio~~s


and othcr legal proceedings instituted or
which might have been instituted by, or against the State
Government under the Punj ab Kew Mandi ?bwriships
(Developmcnt and Regulation)Ac5 1 960, and the CoIonization
of Government Lands (Purljab) Acf 19 12, may be continued
or instituted by- for or against the ?I,uthority.j

59. Ifany dificultyxises in giving 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.

(2) Notwithstandh~gsuchrepeal, anything done orany action taken


under the said Ordinance shall be deemed to I~avcbeen done or taken undcr
this Act as if this Act, had come into force on the 10th day of January, 1977.

.-.

'[CHAPTER IX

CONSTITUTION OF LOCALDEVELOPMENTA ~ O R I T I E S
61. Jn this Chapter, unless t h e context otherwiserequires,-

Estate Officer of the Local


DeveIoprnentAuthority appointed by the Government ;

(a) "Estate Officer" means the

(i5)

"local development mi'


meam the area declared as such under
sub-wction (1) of section 62 ;

(c)

"LocalDeveIopmentAuthorityl'm a !the Lo& Development


Authority constituted under sub-section (3) of section 62 ;

(dl

"mastcr plan" means a plan including a development plan


approved by the Governmentunder thisAct or under any other
Act in force in the State of Haryana ;

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


Authority ;

(0 "Vice-Chairman" means [he Vice-Chairman a f the Local


UevelopmentAuthoritywho shall also be the ChefAdminishtor

thereto.

Defmitions.

78

URBAN DEVELOPMENT AUTIIOIUTY

Declarationof
Local Dcvdop-

men1 area.

1 1977 : Haryana Act 13

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.

(3) The Local DevelopmentAuthority shall be a body corporate, having


perpetual succession and a common seal with power to acquire, hold and
dispose ofproper&, movabIe and immovable and to contract and shall by the
said name sue and be sued.

63. (1) The Local Development Authority in respect of any local


developmentarea declared for development under sub-section(1 ) of section
62 shall consist ofthe following members :-

(a) Chairman of the Haryana Urban Development Authority shall


be the Chairman of Local Development Authori ty;
(b)

A whole-time Vice-chairman not below the rank of


Commissioner, to be appointed by the Govemmcnt ;

(c)

The Secretary to the Government, Haryana, in the Town and


CountryPlanning Deparfrnent,ex-officio;

'(dl The Secretary to the Government, Haryana, in the Local


Government Department, ex-officio ;
(e)

The Secretary to the Government, Haryma, in the Finance


Department, cx-officio ;

0
..

The Director,Town andCountryPlanning Department,Haryana,


ex-oficio;
( , The Chicf Administrator, Haryana Urban Development
Authortity, ex-officio;

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

1977 :Haryana Act 13j

U K U A N DEVELOPMENT AUTHORITY

Deputy Commissioner of the district in which the local


development area is situatcd ;

0) Chief Executive Officcr of the municipal conmittee and in the


case

of Faridabad Complex Administration, Chief

Administrator, cxufficio;
(k) Not more than thee other members, one of them having
experience in enpeering, toun 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

(2) TheViceChairrnarlshaUhentitledtoreceive from thefundofthe mcmbe~.


Local Development Authority such salary and allowances, as may be
prescribed.

(3) A rner~~ber
may bc paid from the fund of the Local DeveIoprnent
Authority such allowances, if any, as may be prescribed.

( 5 ) A nominatedmber myresip his officebygiving notice in writing


Government and, on such resignation bejng accepted by the
Government, he shall cease to be amember.
to the

65. The Govenunei~tmay remove fiom o a c e any member,(i)

Powcr to Y E ~ O V C
members.

who, wilhdutd c i e n t e x c w i n the opinion ofthe ~ovcmhent


bas abscnted himself for more than four consecutive meetings
of the b c a l Development Authority ;

(ii) whohas,h~eopinionoftbeGovemmmtsoabusedbpsitiort
as a member as t;n render; his continuance on the Local
DevelopmentAuthority demirnental to its interest.

80

URBAN DEVELOPMENT AUTHORITY

I 1977 : Haryana Act 13

Filling of
\-acancics.

66. Upon occurrence of any vacancy in the ofice of a member, another


member shall be appointed.

.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.

(2) At every meetingofthe Local DevelopmentAuthority, 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 membcrs, whom the members
present may elect, shall preside.
(3) All questions at a meeting of the h a 1DevelopmentAuthority shill
be decidcd by a majority of votes of the members present and voting and in
the case of quality of votes, the member presiding shaII have a second or

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.

(5) For the transaction of business at a meeting of the Local


Development Authority, the quorum shall be one-third of :he number of
members actuaHy serving for thc time being but shall not, in any case, be less
than four.
Appoinhncnt of
68. Subject tc any rules made in this behalf, the Local Development
CommiNeesAuthority may, from time to time, appoint one or more committees for the

purpose of securing the eficient discharge of the functions of the Locai


Development Authorityand in pdcu1a.rfor the purpose of ensuringthe egcient
maintenance o fpublic amenities and devclopmcnt projects.
Tcqorary

association of
persons.

Validation of
acts and

procccdings

69. (1) TheLocd~evelo~ment~utho~ty~rm~co&itteea~~inted


under section 68 may associate with itself in such marker and for such
purposes, as may be prescribed, any person whose assistance or advice it
may require in performing any of tts functionsunder hs Chapter.
\
(2) Any person associated under subsection (1) for any purpose shall
have the right to take pm in the discussionof the Imal DevelopmentAuthority
relevant to that purpose but shall not hakte a right to vote at a meeting.
70. No act done or proceedings taken under this Chapter shall be
questioned an the ground merely of- - .
. ,

1977 :Haryana Act 131


(i)

URBAN DEVELOPMENT AUTIIORITY

theexistcnceofanyvacanc~~in,ormydefect
intheconstihition
ofthe Local Development Authority;

(ii) any person, associated under section 69 having voted in


contravention ofthc provisions ofthis Chapter in t h s behalc
(iio the failure to serve a notice on any person where no substantial
injustice has resulted fiom such failure;
(iv) any omission, defect or irregularitynot affecting the merits of

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

(2 j Subject to such control and restrictions, as may be prescribed, the


Local ~ e v e l o ~ m e~nutt h o r i t ymay appoint fiom the cadre of the employees
of the Haryana Urban Development Authority or on deputation from the
departments of the State Government such number of oficen and other
cinployees including experts fortechnical and legal work, as may be necessary
for the eff~cicntperformance of its functions and may determine their
desiglatians and grades.

(3) The officers and other employees of the Local Development


Authority shall be entitled to receive fiom the fund of the Local Development
Authority such salaries and allow*ances,as may be determined by regulations
made in this behalf.
(4) Tbe cxercise of any powers or discharge of any duties or functions

by arry oficer or other employ~shall


be subject to such restrictions,conditions
and hmitations, ifany, as may be laid down by thc Imai DevelopmentAuthority
and shall also be subject to its consol and supervision.

( 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. -

(6) No person who has, &ectly or hdirectiy, by himselfor through hs


partner or agent, any share or interest in any contract by or on behalf of the
Low1 Development Authority, or any employment under, by or on behalf of

U ~ A DEVELOPMENT
N

AwHnwn

1 1977 : Haryana Act 13

the h c a l Development Authority othenvise than as an officer or employee


thereof, shall become or remain an officer or employee of the Local
~ e v e l o ~ m e~nutt h o rty.
i
i

(7) Jt shall be lawful for the State Government or any officer authorized
by it in this behalf to transfer any person holding any post in Maryana Urban
Development Authority Service from one h c a l DevelopmentAuthority to
another.
Objcct of thc
Local Development Authority.

72. The objects ofthe Local DevelopmentAuthority shall be to promote


and secure the development of all or any of the areas Comprised in a local
developtnent area according to plan, for that purpose the Local Development

Authority shall have the power to acquire by way of purchase, transfer,


exchangc or gi A,hold, manage, plan, develop and mortgagc or otherwise
dispose of land and other property, to carry out by itse:f or though any agency
on its behalf, building, engineering,mining and other operations, to execute
works in connection with supply ofwater, disposal ofsewerage, control of
pollution and (my other scrvice and amenities and generallyto do anything,
with the prior apprcrval, or on direction of the State Government, for canying
out of the purpose ofthis Act :

Provided that save as provided in this Chapter nothing contained inthis


Chapter shall be construed as authorizing the disregard by the Local
~evelo~rnent
~ u h o r i t of
y any law for the time being in force.
Mastcr Plan for
the developmcnt area.

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

maybe di.ded for the purposes of developmentand indicate


the manner inwhich the land in each sector is proposed to be
used (whether by the cmyicg out thereon of development or
otherwise) the stage by which any such development shall be
carried out ;and
(b) serve as a basic pattern ofh n e work within which the sector
development plans of the various sectors may be prepared.
(3) The master plan may provide for any other matter which may be
necessxy for the proper development of the local development area.
74. (1) Simultaneously,with the preparation of the master plan or as
Scctor development plaus.
soon asmay be thereafter, the Local Developme~t
Authority shall proceed
with the preparation ofa sector development plan for each of the sectors into

I
I

3977 :Haryana Act 13)

V K D AN U E V ~ L O P ~ NAUTI~ORITY
T

whch the local development area may bc divided.


(2)A sec tor development plan may-

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

URBAN DEVELOPMENT AUT~IORITY

[ 1977 :Haryana Act I3

specified architectural feature or buildings designed for


particuIar purposes in the locali cy ;
(Y)

the maintenance of walls, fences, hedges or any other


structural or architectural construction and the height at
which they shall be maintained ;

(xi) the restrictions regardingthe use of any site for purposes


other than erection ofbuiIdings ;

(xid any other matter which is necessary for the proper


development of the sector or any area thereof according
to plan and for preventing buiIdings being erected
haphazardly in such sector or area.
Submission of
plans to the
State Govern-

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

Authority to prepare a fresh plan according to such directions.


Procedure to be
foIlowed in thc
preparation and
approval of
plan.

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.

f 977 :Haryaoa Act I 3 J

URBAN DEVELOPMENT P.WT~IORITY

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.

Nore.- The development plan prepared and approved by the Governen t


under section 5 of the Punjab Scheduld Roads and Controlled Areas
Resbiction of Unregulated DevelopmentAct, !963, a r u d e r section
29 of the Faridabad Complex (Regularion and Development)Act,
197 1, shall be deemed to be a master plan under section 73 for thc
local devel~pmenrarea forming pan of the controlled area declared
under the aforesaidActs and the same shall be integrated intc the
masterplan ofthe local development area.

.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.

(2) Where the Local DevelopmentAuthority, with a view to ensuring


symmetrywith any scheme or cther specification made in that bchaIfconsider
it necessary or expedient so to do, or where any occupier fails to repair,
white-wash, colour-wash or paint the fa~adeof any building in accordance
withsub-section (l),itmay by orderrequirethatthe said work shall becmied
out by the Local Development Authority itseif or under its direction and may
accordingly, also require the occupier to pay the cost of such work to the
Local Development Authority.
(3) The cost of any work referred to in sub-section (2)shall be calculated
on a 'no profit', 'no loss' basis, md in case of any disputc about the
reasonableness of the atnount required to the deposited, the same shall be
decided by the State Government and subject thereto the order of the'mcal
DevelopmentAuthorityshll be h a l andshall not be called in question in any

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.

URBAK DEVELOPMENT AUTIIORITI'

[ 1977 : Haryana Act 13

Exp1anatiotl.--In this section-

(a) the expression 'arterial road' sha11 have the meaning assigned to
it in the bye- laws ;

(b) the expression 'occupier',in relation to a building, tneans the


person UI actual occupation oruse of the building, and includes($ the owner (whichexpressionshall include an agent or trustee
or areceiver, s e q u e ~ ~ tor
o rmanager appcinted by a court,
or a mortgagee with possession of the building) in
occupation ;
(ii) the tenant.who for the time being is paying or is Liable to
pay rent in respect thereof to the owner ;

(ii)
.

the rent-fiee guarantee or licensee thereof;

(iv) the person who is liable to pay to the owner damages for
authorizeduse and occupation thereof.

79: (1)' The Local DevelopmentAuthority may make any amendment


Amendment of
plan.
in the masterplan or the sector development plan as it thinksfit, which may in
its opinion d6 not e f f ~irn&nt
t
alterationsin the characterof the plan and
which do not relate to the extent of land uses or the standards of population
density.

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.

1977 ;Haryana Act 13)

'. '
1

URBAN DEVELOPMENTALITIIORITY

(5j When the Local Development Authority makes any amendments in


thc plan undersub-section (1) it shall report to the State Government the fihl
oarticulars of such amendments within t h t y days of the date on which such
amendments conlc into operation.
( 6 )Lf any question arises whether the amendments proposed to be made
by the Local Development Authority are amcndtnents which affect important
alterations in the character nf the plan or whether they relate to the extent of
land uses or the standards of populationdensiry, it shall be referred to the
Sute Government whose decisions thereon shall be final.
(7)Any reference to the master plan or the sector development plan
shall bc construed as a reference to themaster plan or the sector development
plan as emended under this section.
80. ( I ) Afier the declaration of any area as local development area Development of
under subsection O of section 62, no development of land shall be underlaken land in the local
or carried out or continued in that area by any person or body (including a dcveloped area.
departmentof Government) unless permission for such development has been
obtain4 irl writing h r n the Vice-Chairmanin accordance with the provisions
of this Chapter.
( 2 ) After the corning in'ro operation of any ofthe plans in any local
development arca no development shall be undertaken or carried out or
continued in thit itarea unless such development is in accordance with such
plans.
(3) Notwithstanding anything contained ~sub-sections
II
( 1) and (21, the
folIowing provisions shall apply in relation to development ofland by any
deparbnentof any State Govcmmrr~tor the Central Government or any local

authority,(a) when any such department or local authori~yintends to carry


out any development of 1and it shall inform the Vice-chairman
in writing ot*its intention to do so, giving full particularsthereof
including any plans and documents, at least 30 days before
undertaking such developmen1 ;

(6) in the case ~f a department of any State Government or the


Central Government,if the Vice-Chairman has nu objectionhc
should inform such department ofthe same within three weeks
from the date ofreceipt by it under clause (a) o fthe department's
intention, and if the Vice-Chairman does not rnake anyobj&on
within the said period the department shall be flee to carry out
the proposed development ;

URBAN DEVELnPMENT AUTHORITY

I 1977 : Haryana Act 13

c ) where the Vice-Chainnan raises any objection to the proposed

devclopn~enton the ground that the development is not in


conformity with any master plan or sector development plan
prepared or intended to be prepared by it, or on any other
ground, such r!epartment or the local authority, as the case may
be, shall(i) eithcrmakenecessarymoriificationsin the proposal for
development to meet the objecrion raised by the ViceChairman; or
(ii) submit the proposals for development together with the
objections raised by the Vice-Chairman ro the State
Government for decision under clause (d);
(dl the State Government, on receipt of propsals for development
togetherwith the objections of the Vice-Chairman, may ei ther
approve the proposal with or without modifications or direct
the Department of the Iocal authority, as the case may he, to
make such modificationsas proposd by the Govenment,and
the decisions of the State Government shall be fmd;
(e) the development of any land begun by my w ch Department or
subjccf to the provisions ofsection 84 by anysuch I
dauthority
before the declaration referred to in sub-section (1) may be
completed by that d e p m e n t or local authority in compIiance
with the requirements of sub-sections (1) and (2).
Application for
81. (1) Everyperson or body (other than any department of Government
emissionor any Iocal authority) whose site is situated in any sector developedby Local
Development Authority or in any Colony approved under any othcr Act of
the State or for which permission of change of iand use bas.been gramtcd by
the Government, desiring to: obtain the permission referred to in section 80
shall make an application iil writing to the Vice-chairman in such form and
containing such particulars in respect of the development to which the
application relates as may be prescribed by bye-laws.
(2) Every application under sub-section (1) shall bc accompanied by
such fee as may be prescribed by rules.
(3) On the receipt of an application for permission under sub-section
(I), thekiceChairman after malung such enquiry as he considers necessary
in relation to any matter specified in clause (d) of sub-section(2) of section

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
!

1977 : H a v a n a Act 131

..

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 :

URRAN DEVELOPMENT AUTHOR~TY

1 1977 : Aaryana Act 13

Provided that such a permission may not be granted for reasons to be


recorded ifi writing if the Government is not satisfied with the nlerits of the
case or i s not'in accordance with law.
(2)After coming into operation of any of the plans in a scctor no person
shall use or permit to be used any land or building in that sector otherwise
than in conformity with such plan.
Applicability of
83. The Haryana Development and Regulation of Urban Areas Act,
Haryana Act 8
1975, shall continue to be applicable in the local development area which
of 1975.
shall be deemed to be the urban area as defined in clause (0)of section 2 of

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.

' 84. The provisioiisof sections 2, 14 to 27,32 to 34,36,37,39,40,


41; 44 to 52; 55, 56 and 3 9 shall apply mutatis mt~randisto the Local
Devtlopment Authority constitutedunder sub-section(3) of section 62 and
the terms 'Authority', 'Estate Officer' and '~hief~dministratar'
shall mean
'Local Development Authority', 'Estate Officer', and 'Vice-Chahan'
respectively for this purposc.

Transfer of
assets, liabilities, powers etc.
to Local

85. ( I ) As from the date of the constitution of a Local Development


Authorityunder sub-section (3) of section 62, the powers and functions of
Haryana Urban Developn~entAuthority shalI stand transferred to Loca.1
DevelopmentAuthorty in respect of the local development area for which it

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
,

@)

shall, so far it is not inconsistent with the provisions of this


Chapter, continue in force and be deemed to have been done
or taken by the b a l DevelopmentAuthority unless and until it
is superseded by anything done or any action taken under h
s
Chapter ;
all property movable and immovable and a11 intcrests of
whatsoever nature and kind therein vested in the Haryana Urban
DevelopmentAuthority and situated in the ldcai development
a r a before the constitution of the hcaJ'~eve1opment~~thority
under sub-section (3) of section 62 skzl l vest in the Local
Development Authority ;

1977 : Haryana Act 131

URBAK DEVELOPiMFNT AUTHOKITY

(d all debts. obligations and liabilities incurred, all contract$entered


into and all matters and things engaged to be done by the
Haryana Urban DevelopmentAuthority before the constitution
of the Local Development Authority, sbal! be deemed to have
been incurred, entcrcd into or engaged to be done by, with or
for the h c a l Development Authority ;

(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 ;

'

(e) all suits, prosecutions and other legal proceedings instituted or


which might have bcen instituted by, for or against Haryana
Urban Development Authority in respect of the local
developmeilt area may be continued or instituted by, for or
against tbe concernedLocal Development'Authority.
(3) All land acqlrisition proc&g
initiatedby the ~ o v e r m k non
t bchalf
ofT-IaryanaUrban Development Authority or otherwise in respect of local
development area shall continue to be in force and shall be deemed to have
been donc on behalf of and for the Local DevelopmentAutborityconcemed.
4 ) (a) From the date of the constimtion of c Local Development
Authority for a local dcveloprnent arca, falling within the
jurisdiction of Faridabad Co~nplexand the controlled area
declared under the Faridabad Complex (Regulation and
Development) Act, 197 1, the ChiefAdministrator,Taridahad
Complex Administration shall cease to exercise powers undcr
the provisions ofsections 29 to 42 of the Faridabad Complex
(Regulation and Development)Act, 1971, and the provisions
under the afvresaid sections except sections 3 I , 32 and 42
shall be exercised by the Local Development Authority, and
further, all acts done by the Chief Administrator, Faridabad
Complex Administration shall be deemed to have bcen done
by the Vice-Cbairman of the Local Development ,diuthority
(h) All development charges and othcr related sums of money in
rcspcct ofthc local development area, duc from any perso11to
the Faridabad Complex Administration, shall be deemedto be
due to t h e h c a l Development Authority.
( 5 ) h e d i a t c l y after the constitutionof a W DevelopmentAuthority,
a mulicipal committee in local development area shall cease to exercise any

URBAN DEVELOPMENT A U T H O R 1 7

!I977 : Haryana Act 13

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.

1977 : Haryana Act 131

LJIZBAN
DEVELOP~IEW
AUTIIOKITY
~'

tenns and conditions, as may be agreed upon behvee~~


the Government and
the Local Development Authority.

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.

88. (1) Where any development has been commenced or is being


carried on or has been completed in contravention of the master plan or sector
developrncni plan or without the permission, approval or sanctiun referred to
in section SO or contravention of any conditions subject to which such

**.

permission, approval or sanction bas been granted,in relation to the local


development area, then without prejudice to the provisions of section 86, the
V i c e - C h a n or any officer of the Lmd Development Authority cmpwered
by him in that behalf may make-an orderdirecting that such development shall
be removed by demolition,filling or athewise by the ormer thereof or by the
person at whose instance development has becn commenced or is being M e d
out or has been completed, within such period not being less tban fifteen days
and more than forty days from thc date on which a copy of the order of
removal, with a brief statement of the reasons therefore,has been delivered

Otdcrofdcmolibon of

URBAN DEVELOPMENT A ~ J T H O R I ~

1 1977 :Haryana Act 13

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

of, any other provisions relating to demolition of building contained in any


other law for the time being in force.
Power to stop
development.

89. (1 ) Where any development in a 1ocaIdevelopment area has been


commenced or continued in contravention of the master plan or sector
developmentplan or without the permission, approval or sanction referred to
in section 80 or in contravention of any conditions subject to which such
permission, approval or sanction has been granted then, without prejudice to
the provisions of sections 87 and 88, the Vice-chairman of the Local
Devdopment Authority or any oficer of the Local Development Authority
empowered by him in that behalf, may make an order requiring the
development to be discontinued, on and from the date of thc service of the
order, and such order shall be complied with accordingly.
(2) WheresuchdeveIoprnent isnotdiscontinuedin pursuanceofthe
order under sub-section (I), the Vice-Chairman or the said officer of the
Local DevelopmentAuthori ty may require any police officerto remove the

1977 :Haryana Act 131

URBAN DEVELOPMENT AUTIIORITY

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.

(6) The provisions of this scction shall be in addition to and not in


derogationof,any other provision relating to stoppage of building operations
contained in any otber law for the time being in force.
90. Aficr a master plan or sector develgprnerlt plan has come into Confcrmcntof
operation under section 78,the Local Development Authority or its Vice other powers
Chairman shall exercise such other powers and functions exercisableby the On the
Development
local authody cunce~medor its ChicfExccutive OAicer, as becase may be.
under the enactment constitutingthat local authority, subjectto such exceptions
or modifications, as the State Government may by noacation ,in the Official
Gazctte specify.

'

4 '

91. (1) Tfthe h l DevelopmentAuthoirty, afterholding a local inquiry


or upon report from any of its officersor other information in its possession, is
satisfied that my anlenity iurclation to any landin local development area hzs
not been provided which in the opinion of the Local Development Authority
ought to have been or ought to be provided or that any development of the
land for which permission, approwl or sanction has been obtained under this
Chapter or under any law in force before the coming inb force of this chapter
has not been canied out, it may, after acirding the owner of the land or the
person providing or responsible for providing the amenity a reasonable
opportunity to show cause, by order require him to provide the amenity or
carry out the devclopment within such time as may be specified in the order.

Powers to

provide amenity
Or

cav
Out

devclopment at
ofowner

the event of his


default and to
l c cess
~ in
cases.

URBAN DEVELOPMENT AUTIIOKITY

1 1977 : Haryana Act 13

(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

[nayitselfprovide the amenityorcarryout the dcveloprnctlt or have it pl-ovidcd


or carried out through such agency as it deems fit :

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 :

Provided that if the owners makingthe said representation contend that


the amenity had been agreed to be provided or the development had been
agreed to be carried out by a coIonizeror mperative housing society through
or from whom the land was acquired by them, they shall file with the h c a l
DevelopmcntAuthority a copy ofsuch agreementor of the decd of transfer
or of the bye-laws of the society incorporating such agreement, and no action
shall be taken by the h c a l Developqent Authority under this sub-section
unless notice has been gvcn to thecolonizer or the society, as the case may
be, to show-cause why such action should not be takcn :

Provided M e r that where the Local DevelopmentAuthorityis satisfied


that the coloniser or the society has become defunct or is not traceable, no

I 977 : Haryana Act 13 1

URBAN DEVELOPMER'~AUTHORITY

notice under the preceding proviso need be issued.

( 5 ) The cess referred to in sub-section (4) shall be equivalent to the


expenses incurred by the Local Develop~nentAuthority or the agency
employed by it in providing the amenity or carrylng out I he development,
together with interest at such rate as the State Government may by order fix,
from the date of completion of the work until payment, and shall be assessed
and levied on all the owners of the land in proportion to the respective areas
of land owned by them.
( 6 ) The said cess shall bc payable in such number of instalments, and
each instalment shall be payable at such time and in such manner, as the Local
DevelopmentAuthority may fix, and arrear of cess shall be recoverable as

arrears of land revenue.


(7) The expenses incurred by the Lucal DevelopmentAuthority or the
agency employed by it under this section shall he certified by the Local
Development Authority, and such cerW?cate, as also the assessment of the
cess, if any, under sub-section (5) shall be final.

..

(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.

,,

-;

(2) The ~ransferof a developed area shall take effectimmediately after


five years aftcr completion of development works or as may be decided by
the h l DevelopmentAuthority and it shall be obligatoryon h e part of local
authority to take over the area under sub-section ( 1 ) above.

URSAN DEVELOPMENT A U T H O R I m

1 1977 :Haryana Act 13

(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

1977 :Haryana Act 131

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.

(2) Any arrears ofbetterment charges shalI be recoverable as arrears

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 :

Provided h a t the State Government may, By notification inthe Oficial


Gazette, enhance, the aforementionedpercentage of the increase in the stamp
duty upto five percent.

(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

1 1977 :Haryana Act 13

therein to be separately set forth in respect of property within thc Local


Development Authority and property situated outside such area.
(4) For the purposes of this section, section 64 of the Indian Stamp
Act, 1899 shall be so read and construed as if it referrcd to the Local
Development Authority as well as to the State Government.
Toll for
umcnitics.

98. The h c a l Development Authority shall be entitled to charge and


collect, toll, for the use of approach roads and other amenities, at such rate
and in such manner as may be notified by the State Government, fiom visitors,
to such places of popular resort (including any ancient and historical
monuments) within its Iocal development area as may be so notified :

Provided that(a) therateoftollpervisitor,shaHnotexceedrupeestwo;

(b) the State Government may by noti6cation, exempt any class or


classes ofvisitors from the payment of the toll and may fix any
day or days on which no toll shall be chargeabls.
Recovery of
99. Any money due to Local DevelopmentAuthority on account of my
moncys duc to fee or charga or h m disposal of land, building or any other property, movable
Local Dcvclop- - or immovable, by way of rent, premium, profit or hire-purchase instalment,
mcnt Authority.
may, without, prejudice to the right of recovery by any other mode ofrecovery
provided by or under this Chapter or any other law for the h e being in force
be realized, as arrears of land revenue upon a certificate of the amount due

sent by the Local Development Authority to the Collector.


Relurns and

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.

(2) Without prejudice to the provisions ofsub-section (1) the State


Government or anyofficerauthorizedby the State Government in that behalf,
may call reports, returns and other information from the Local Development
Authority or the local authority concerned in regard-to the implementationof
the master plan.
(3) Any person authorized by the State Government or the officer
referred to in sub-section (2) may enter into or upm any land with or without

assistantso r w o r h e n for ascertaining whether the provisions of h e master

pIan are being or have been implemented, or whether the deve!oprncnt is


beingor has,beencarried out in accordancewith such plan.

1977 : Haryana Act 131

URBAN DEVELOPMENT AU-I'IIORITY

(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)

where the person to be served is a company, if the document is


addressed to the Secretary of the Company at its registered
officeor at its principal ol3ce or place ofbusiness and is either(i)

sent by registered p ~ s ;tor

rig delivered at the registered o a c e or at the principal office


or place of business ofthe company ;
(8) where the person to be served is a fm, if the document is
addressed to the hat its principal place ofbusiness,identifymg
it to the name or style under which its business is carried 011and
is eithcr(i) sent by registered post ;or

(ii) delivered at the said place ofbusiness ;


c

where the person to be served is a public body or a corpordtion


or society or other body if the document is addressed to the
secretary, treasurer or other chief officer of that body,
corporation or societyat its principal office and is either() sent by registeredpost ;or

(ii) delivered at that office;

(dj in any other cases, if the document is addressed to the person


to be served and -(i) is given or tendered to him ;or

(ii) if such person cannot bs found, is affixed on some


conspicuouspart of his last known place of residence or
business, if within the development area or is given or
tendered to some adult member of his farnilyoris affixed
on some conspicuous part of land or bu ilding t~ which it
relates ;or

URBAN

DEVELOPMENT AUTHORITY

[ 1977 :Haryana Act 13

(it0 is sent by registered post to that person.


(2) Any docunlcnt which is required or authoriscd to be servcd on the
owner or occupier of any land or building maybe addressed as 'the ow~~er'
or
'the occupier' as the case may be, of that land or building (naming that land or
building) without further name or description, and shall be deemed to be duly
served -

-'

u ) if the document so addressed is sent or delivered in accordance


with clause (d) of sub-sccti,on( I ) ;or
: (b)

if the document so addressed or a copy thereof so addressed,


is delivered to some person on the land or building or, where
there is no person on the land or building to whom it can be
delivered is affixed to some conspicuous part of the land or
building

(3) Where a document is served on a firm in accordance with clause


(b) of sub-section ( 1 ), the document shall be deemed to be served on each
p m e r of that firm.
(4) For the purpose of enabling any document to be servd on the owncr
of any property the Secretaryto the Local Development Authority, may by
notice in writing require the occupier, if any of the property, to state the name
and address of the owner thereof.
(5) Where the person on whom a document is to be served is a minor,
the service upon his guardian or any adult member of his family be deemed to
be service upon the minor ;
Explanation.--A servant is not a member of the familywithin the meaning of
ths section.

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

copies thereof in conspicuous public places within the said locality, or by


publishing the same by beat of drum or by advertisement in a newspaper
having circulation in the locality or by two or more of these means, and by any
other means that the Secretarymay t h k fit.
Notices etc. to
fix reasonable
time.

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.

1977 IHaryana Act 131

103

URBAN DEVELOPMENT AUTHORITY

104. Nothing in this Chapter shall apply to-

Savings.

(n) the carrying out of works for the maintenance, improvement or


other alternations of any buildings, being works which affect

only the interiorof the building or which do not rnaterialIy affect


the cxtemal appearance of the building ;
(b) the carrying out by a y local authority or by any department of
Government of any works for the purpose of inspecting,
repairing or renewing any drains, s e w n , mains, pipes, cables
or other apparatus including the breaking upon of any street or

other land for that purposes ;


(c) the operationalconstmction includingmaintenance, development
'andnew construction, by or on behalf of a department of the

Central Government ;

(d) the erection of a building not being a dwelling house, if such


building is requiredfor the purposes subservicnt to agriculture ;

(el the excavationsincluding wells made in the ordinarycourseof

'

agricultural operations ;and

0)

the construction of unmetalld road intended to give access to


land solely for agricultural purposes.

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

1 1977 : Haryana Act 13

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.

107. (1) The State Governmentmay be notification in the Official Gazette


make rule for carrying out the purposes of this Chapter.

(2) In particular, and without prejudice to the geeneklityofthe Ioregcing


pwer, such rules may provide for all or any of the followingmattcrs, namely(a) the levy of fee on a memorandum of appeal unaer sub-section
( 5 ) ofsection 8 1;

(b) tbe procedure to be followed by the Chairman in the


determinationof betterment charge, and thc powers that it shall
have for that purposes;
(c)

my other matter which has.to bz, or may be, prescribed by

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.

108. (1) The Local Development A.uthoritymay, with the previous


approval of the State Government, may make regulationsnot inconsistent
with this chapter-andthe rulesmade thereunder, for the administration of the
nffairs ofthe Local nevelopmentAut)!oirty.

(2) In particular, and without prejudice to the generality of the foregoing


power, such regulaticns may provide for all or any of the following matters,
namely :(a) the summoning and holding of meetings of the Local
DevelopmentAulhoirty,,the time and place where sucb meetings
are to be held, the conduct of business at such meetings and the
number ofmembers n e c e s s q t o form a quorum therear ;
I

(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)

fie salank, allowances and conditions of service of the ofic'ers


and employees ;

1977 : Haryzi~aAct 131

URBAN DEVELOPMENT AUTHORll3'

(& the procedure for carrying

out the functions of LocaI


Development Authority under sect ions 73 to 82 ;

(e)

the form of register ofapplication for permission and rhe


particulars to be contained in such register ;

Cfl

the management of the property of Local Development


Authority ;

(& the fee ro be paidmanapplicatiocforpmissionunersubsection (1) of section 81 ;


(h) the fee to be paid for inspecQonor obtainingcopies ofdocuments

and maps ;
(i)

-.
*

any other matter which has to be or may be prescribed by


regulations.

(3) Until h c a l DevelopmentAuthority is established ffir an area under


this Chapter any regulation which may be made under sub-section (I) may bc
made by the Stare Government and any regulation so made may be altered or
rescinded by the heal DevelopmentAuthority concernedinexercise of its

powers under sub-section (1).


109. Tbe hcal DevelopmentAuthority rnax with the pevious approval Power to make
of the State Governmentmakebye-laws consistent with this Chapter and the bye-1816 far the
rules madethehereunder, for canying outtbe purpose ofthis Chapter in re~pectpU"DSeS of
this Chnpter.
of any matter affectingthe general public and without prejudce to the generality
of this pwer, such bye-Iaws may provide for-

(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 ;

(b) the terms and conditions referred to in section 82 subject to


which the user of lands a d Guildings in contraventionof plans
may be continued ;
(c) the grant of Iicer~seto architects, town planner, engineers,

surveyors, draftsmen for the preparation of building plans or


water supply, k e drainage and sewerage plans and the fees to
be paid for the grant of such licences ;

(4 for so long as the sector development plans are not prepared

URBAN DEVELOPMENT AUTIIORITY

f 1977 : liaryana Act 13

under s%tion 74, the matter specified in clause (d) of sub-sccti~n


(2) of that section ;
e

the definition of an arterial road and the colour scheme and


other specifications according to which the faqade ofbuildng
abutting such road shall be repaired, white-washed, colourwashed or painted under section 78 ;

@ any other matter which has to be or may be prescribed by bye-

laws.
Contribution of
Local Dcvclopmen' Autho"
to Slarc ex-

110. The h c a l DevelopmentAuthority shalI deposit fifty percent of the


sale proceeds of the plots, sites or developed land, sold through open auction
in the Stare exchequer in the manner as may be piescribed.

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.

(2) From the said date(a) allpinperties,fundsanddueswhicharevestedh,ormIisable

by the Local OeveiopmentAuthority shall vest: in the State


Government ;
@}

all nazul lands placed at thedisposal ofthe Local Development


Authority shall revert to the State Governmel~t;

(c) all Iiabilities which are enforceable against the LocaI


Development Authority shaIl be'enforceableagainst the Statc
Government; and

(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.

1977 :Haryana Act 131

URBAN DEVELCIP~ENTA C T I I O R ~ ~

1 U?

112. ( 1) All references by the Local Development Authority to the Relationship of


State Government under this Chapter shall be routed through the Directol; H d r ~ d l l aUrban
Develoymrni
Town and Country Planning, H q a n a .
Authority and

(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

(3) !immediately afler the constitution of the Local Development


Authoritj all smof I I q c i n n Urban Development Authori ty servicep o s d in
the Local Development area shall be decmed to be the staff, posted under the
Local Dcvclopment Authority under section 7 1 of this Chapter].

with the Slate


Goven,mco[,

flAKYANA (;C)V'I'. CiAZ. ([iXI'IIA.). NOV 8. 2004


I(X1'K. 17, 1920 SAK,\)

305

PART I

I.EGlS[,ATIVE

DEP4R.L'MENT

Nolilicalio~~

The 8il1 Nilvclnber. 3004

No. Leg.

r5!2004.-?'he

io;loi~!inr A:!

\if

:he Lepi.:l;iiurc

Ilarw;lrl;~ ,ict

the

{if

"rn 2.3 of2004

ILARYANA ZIRB,\N DEWLGI'MENS A1 THOIU'D,


(SECOND AiilENDIMF.Yl') ACT, 2004
t\u

A[-r
ii,riher lo anlend !lie bIdryc~no1J16on Dr~~elopmen!
.iu;hurih; :icr, !e.':..

i3c it cn;lcied b) rhe Lzgisl;!~uizofthe Slate of H;ir$ann


i.epubIic oclndia os fo1la.x

:I:.. i'iil :.;i:ih Yc;ir

1.1

ii:;,~,.

1. This .4or liiay be callcd ihr F!:?iyiln; Urban L)cvclopnicn~.A.ctIiil~:ly S:?OI:li!lc


(Sc.v!!..i;in~end~ncnt)Act.7004.

I. ,:I Chaplrl 1X ofihc Ha~yalia1irns11!>~velop~nc~ir


Auth,,riiy Act, 1477
(I~crri.i~lic;
called (lie princillalAct).~--

5)

for the words "stctor de~icloprnc~~t


;~ian(s)"iillere\,?~i>ccu~riog,
the ~vordsand h!gn "sert~~..
. : :on;~l:i:.,,c!oprnent piants)" shai! IJC
s>.ll>s.i::,?-,:

::

;j;c ivord "sccrni-(s)"~~~h~:~~:~..~r


oriurriny. I I ~ L \ ~ / o ~ ti:~?d
Ii
"sacii\~isj!z~~ne(sj"
shill1 bc !:,:bsulil!ed.

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

" ( 1 ) I f in tile o~>iilioiint'the


SiatcCiown~mrniany arc.] wiii~in(11:

I???

Statc rzqu1rr.s 111tegra::d plalu~ctldevrlopl'~r;il.I [ Irlai. by noliticafinn.


declan: sucli alea ic i>c local jer:<lupmcnl area :>nil sncl; area sliall
iliclude the area rvithio 3 rov.11 or local aullrority including i~ mo~iic~]lol
com~nit~eelcnuncil
or 21 Mul~icipalCoqlr~ralion,ihc coli~rollzdarea
declarrd u;.der tlic Punjal? Schzduled Koacls 2nd Controlled Area:
Restrictio:;ofUnregi~lstedDcveloyi~~entAc!,
i953 (41 o f ! 961). or the

.
...~
.
-=
-.
-.
-.
. . .~
~. .

-~
-

306

FIARYANA GOVT. Cia. (EXTRA.), NOV. 8, 2004


iKRTI<. 17. 1926 SAKA,

( 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)

for c\allse (b ), iiw following cla:lse shall be s~ihstihited.


namely

.z.;::;=:.:
=-..
5- .-

"(b) a wlrole Limr Vice-Cliairni2n no! below t l h - rank of


Coim~issioncrsewing or re!::::.: I - - he appointed by the
Cio\rn,~rneiiL:":
~.

E$
=r7.

(ii)

clause (h) shall bc omincd:

[iii)

for clause [j). tile folio\vu~gclarise sllall be subsliiutsd, ~ ~ l : i i .:, i j


j

-%:<$mi.ndrnclli
.
-~
=jcclion
67
..~-

of
ol

L!!aryaus Act 13
~.. 1977
Eof

5 . In scccririii ti7 of thr principal Acl;~!i:;:.i:b-section (2). the f o l i o ~ v i ~


sub-section
~g
shall be subri:iti . . '

!I)

I ~ ~ I c: I.-~ . ,

rcclioll 7';

Mayor of 3 Munirip:rl Corporatio~~


aud in case ot I: ~:::,::ipai
coni~nittee/cn~.~i:.:il.
?hc pi-csidcnt, ex-oflicio;".

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

Government under ::ectioi~5 or the !'un;ab Schr:l;;!e:! Roads and


Cur~trolieliArras j!:sl!iciioi:

:I!

ii:x::gl;~:cd Dev~~~:p!lieni
hcl, ic'.G3

(41 of 1903) or ~indcrsection 2:) ol'thc crstwl~ilc1:aridabad Complex

(Kegulatioi~a d Developniel~l)Ac~,
1971 (42 of 1971) or under scclioii

. ..

> ; o of iiic i iiiiy:>iiil \iirllicipi~ii '0ilii.iiiiil)li :%CL,


I r~ii4i I Ll of i')ij4);
hr

~ii~lil

deeoicd to he iiiasrrri,lsll ~!ridel.srr:riaii7 3 h r thc local deue!n!l!nent

arca forming pan 01' thc conlroiicd area cierlarcd under \he ahresaid
Acts

;LII~
lt~esalnc

shnll be in!c!:ia!,:d

devclopnient area. "

lo!:,

ili;.

ntostrr plan of the local

.
...
....~
.
....
~

FIARYANA GOVT. G A 7 . (EXTRA.). NO\! 8. 1004


4KA)

307

--

$7,iJnsectior!
.
85 of tlle principa1Acl.-

...
r.=-.
.-

%=:~.
::
.=:.... ~.

..

(I)

in sub-sectlc>i( 4j.-

0)

for clause f a ) , tlie following claose shall'bc substituted,


namely :~ ' ( a ) Fr01n the d a l r o f [lie conslilution of :l 1,ocal

Dcvelopmenr Ai~lhorllyfor n local dc\;eloprnenl arm.


falI111g within the jurisdiction o f a hdunicipal
Corporotio~iand tlic cclnt~olletiarcn declare~iunderthc
r r s t ~ v h l l eFaridilbad Complex (Regulation a n d
Development) Act. 1971 (42 of 1971 or under the
Huyana biuiiicipal Copolation Act, 1994 iI6 of 1994);
the Con~rnissioner.Municipal Corporation shall czasi:
i c l exercise powers undcr the provisii~nso l scctioos
346 ro 3 9 of tkc Haryana Municipal C o q ~ o r a t ~ o n i i c l ,
1!194 ( 1 6 o f 1994). a n d all acts (Ions h y thC
C'llief Adiiiiilishator of Llie ershvhilc Faridabad Conq~lcx
~\dniinistration or the Connnissioner, Mui.icipal
Corporation shall be deemed to have bcen donc hy the
Vice-Chairman of the Local Development Authority. ":
[

r .
..

An~cnilrnt:n: o f
BS

LCCI,O~,

i n claase ( b ) , for the words "Fitridnbnd C o m p i e s


Adminis~ration", dl? words "Ml~iiicipalCol~oralion"shall
bc sohstitored;

(ii) in suh-szcrion ( 5 ) . for thc ~uordc"iuun1cipa1comrruticc"occurrii~g


twlctt, tlie words and slgn "m~uucipalc u n ~ ~ ~ u l tco~incil"
eei
sliall hc

H t t i y i \ ~ j aC

13

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