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Year
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No.
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Short title
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Whether repealed or otherwise
affected by legislation
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1975
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8
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The Haryana Development and
Regulation of Urban Areas Act, 1975
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Amended by Haryana Act 9 of 19773
Amended by Haryana Act 15 of 19844
Amended by Haryana Act 30 of 19865
Amended by Haryana Act 11 of 19896
Amended by Haryana Act 17 of 19967
Amended by Haryana Act 11 of 20038
Amended by Haryana Act 5 of 20049
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An
Act to regulate the
use of land in order to prevent ill-planned and haphazard urbanization in or
around towns in the State of Haryana.
Be it enacted by the Legislature of the State
of Haryana in the Twenty-fifth year of the Republic of India as follows:—
1. Short title, extent
and commencement.— (1) This Act
may be called the Haryana Development and Regulation of Urban Areas
Act, 1975.
(2) It shall
apply to all urban areas in the State of Haryana.
(3) It shall be
deemed to have come into force on the 16th day of November, 1971, except
section 10 which shall come into force at once.
2. Definitions.— In this Act, unless the context otherwise
requires,—
(a)
“advertisement” means any word, letter, model, sign, placard, board, notice,
device or representation in any manner whatsoever, wholly or in part, intended
for the purpose of advertisement, announcement or direction, and includes any
structure used or adapted for the display of advertisements:
10[(aa) “agriculture” includes
horticulture, dairy farming, poultry farming and the planting and upkeep of an
orchard;]
(b) “building”
means any shop, house, hut, out-house, shed of stable, whether used for the
purpose of human habitation or otherwise and whether of masonry, bricks, wood,
mud, thatch, metal or any other material whatsoever, and includes a wall;
11[(c) “colony” means an area of land
divided or proposed to be divided into plots or flats for residential,
commercial, industrial, cyber city or cyber park purposes or for the
construction of flats in the form of group housing or for the construction of
integrated commercial complexes, but an area of land divided or proposed to be
divided—
(i) for the
purpose of agriculture; or
(ii) as a result
of family partition, inheritance, succession or partition of joint holding not
with the motive of earning profit; or
(iii) in
furtherance of any scheme sanction under any other law; or
(iv) by the owner
of a factory for setting up of a housing colony for the labourers or the
employees working in the factory; provided there is no profit motive; or
(v) when it does
not exceed one thousand square metres or such less area as may be decided from
time to time in an urban area to be notified by Government for the purposes of
this sub-clause.
shall not be a colony;]
(d) “colonizer”
means an individual, company or association or body of individuals, whether
incorporated or not, owning 12[] land for converting it into a colony and to
whom a licence-has been granted under, this Act;
13[(dd) “cyber city” means self contained
intelligent city with high quality of infrastructure, attractive surrounding
and high speed communication access to be developed for neculeating the
Information Technology concept germination of medium and large software
companies and Informal ion Technology enabled services, wherein no manufaturing
units shall be permitted;
(ddd) “cyber
park” means an area developed exclusively for locating software development
activities and Information Technology Enabled Services, wherein no
manufacturing of any kind (including assembling activities) shall be
permitted;]
(e) “development
works” means internal and external development works;
14[(f) “Director” means the Director, Town and Country
Planning, Haryana, and includes a person for the time being appointed by the
Government, by notification in the Official Gazette, to exercise and perform
all or any of the powers and functions of the Director under this Act and the
rules made thereunder;]
(g) “external
development works” include water supply, sewerage, drains, necessary provisions
of treatment and disposal of sewage, sullage and storm water, roads, electrical
works, solid waste management and disposal, slughter houses, colleges,
hospitals, stadium/sports complex, fire stations, grid sub-stations etc. and
any other work which the Director may specify to be executed in the periphery
of or outside colony/area for the benefit of the colony/area;
(gg) “flat” means
a part of any property, intended to be used for residential purposes, including
one or more rooms with enclosed spaces located on one or more floors, with
direct exit to a public street or road or to a common area leading to such
streets or road and includes any garage or room whether or not adjacent to the
building, in which such flat is located provided by the coloniser/owner of such
property for use by the owner of such flat for parking any vehicle or for
residence of any person employed in such flat, as the case may be;]
(h) “Government”
means the Government of the State of Haryana;
15[(hh) “group housing” means a buildings
designed and developed in the form of flats for residential purpose or any
ancillary or appurtenant building including 1 community facilities, public
amenities and public utility as may be prescribed;
(hhh) “integrated
commercial complex” means building containing apartments sharing common
services and facilities and having their undivided share in the land and meant
to be used for office or for practising of any profession or for carrying on
any occupation, trade, business or such other type of independent use as may be
prescribed;]
(i) “internal
development works” mean—
(i) metalling of
roads and paving of footpaths;
(ii) turfing and
plantation with trees of openspaces;
(iii) street
lighting;
(iv) adequate and
wholesome water-supply;
(v) sewers and
drains both for storm and sullage water and necessary provision for their
treatment and disposal; and
(vi) any other
work that the Director may think necessary in the interest of proper
development of a colony;
16[(j) “local authority”, means a Municipal
Committee or municipal Council or Municipal Corporation;]
(k) “owner”
includes a person in whose favour a lease of land in an urban area for a period
of not less than ninety-nine years has been granted;
(l) “person”
includes an association or body of individuals whether incorporated or not;
17[(m) “plot/flat holder” means a person in
whose favour a plot/flat in a colony has been transferred or agreed to be
transferred by the coloniser;]
(n) “prescribed”
means prescribed by rules made under this Act;
18(nn) “property dealer” means any
person/agent who runs the business of purchase or sale of plots, flats or
apartments in integrated commercial complex or issues advertisement for sale
thereof on behalf of owners and;]
(o) ‘urban area’
means any area of land within the limits of a municipal area or notified area
or the Faridabad Complex or situate within five kilometers of the limits
thereof, or any other area where, in the opinion of the Government, there is a
potential for building activities and the Government by means of a notification
declares.
3. Application for licence.— 19[(1) Any owner desiring to convert his
land into a colony shall, unless exempted under section 9, make an application
to the Director, for the grant of a license to develop a colony in the
prescribed from and pay for it such fee and conversion charges as may be
prescribed. The application shall be accompanied by an income-tax clearance
certificate:
Provided that if the
conversion charges have already been paid under the provisions of the Punjab
Scheduled Roads and Controlled Areas Restriction of Unregulated Development
Act, 1963 (41 of 1963), no such charges shall be payable under this section.]
(2) On receipt of
the application under sub-section (1), the Director shall, among other things,
enquire into the following matters, namely—
(a) title to the
land;
(b) extent and
situation of the land;
(c) capacity to
develop a colony;
(d) the layout of
a colony;
(e) plan
regarding the development works to be executed in a colony; and
(f) conformity of
the development schemes of the colony land to those of the neighbouring areas.
(3) After the
enquiry under sub-section (2), the Director, by an order in writing,
shall—
(a) grant a
licence in the prescribed form, after the applicant has furnished to the
Director a bank guarantee equal to twenty-five per centum of the 19[estimated cost of development works in case of
area of land divided go proposed to be divided into plots or flats for
residential, commercial or industrial purposes and a band guarantee equal to
thirty-seven and a half per centum of the estimated cost of development works
in case of cyber city or cyber park purposes.] as certified by the Director and
has undertaken—
(i) to enter into
an agreement in the prescribed from for carrying out and complection of
development works in accordance with the licence granted;
20[(ii) to pay proportionate development
charges in the external development works as defined in clause (g) of section 2
are to be carried out by the government or any other local authority. The
proportion in which and the time within which, such payment is to be made shall
be determined by the Director;]
(iii) the
responsibility for the maintenance and upkeep of all roads, open spaces, public
parks and public health services for a period of five years from the date of
issue of the completion certificate unless earlier relieved of this
responsibility and thereupon to transfer all such roads, open spaces, public
parks and public health services free of cost to the Government of the local
authority, as the case may be;
(iv) to construct
at his own cost, or get constructed by any other institution or individual at
its cost, schools, hospitals, community centres and other community buildings
on the lands set apart for this purpose, or to transfer to the Government at
any time, if so desired by the Government, free of cost the land set apart for
schools, hospitals, community centres and community buildings, in which case
the Government shall be at liberty to transfer such land to any person or
institution including a local authority on such terms and conditions as it may
deem fit;
(v) to permit the
Director or any other officer authorised by him to inspect the execution of the
layout and the development works in the colony and to carry out all directions
issued by him for ensuring due compliance of the execution of the layout and
development works in accordance with the licence granted:
Provided that the
Director, having regard to the amenities which exit or are proposed to be
provided in the locality, is of the opinion that it is not necessary or
possible to provide one or more such amenities, may exempt the licensee from
providing such amenities either wholly or in part;
(b) refuse to
grant a licence, by means of a speaking order, after affording the applicant an
opportunity of being heard.
(4) The licence
so granted shall be valid for a period of two years, and will be renewable from
time to time for a period of one year, on payment of prescribed fee:
21[Provided that in the licensed colony permitted
as a special project by the Government, the license shall be valid for a
maximum period of five years and shall be renewable for a period as decided by
the Government.]
(5) A separate
licence shall be required for each colony.
22[3-A. Establishment fo Fund.— (1)
Any colonizer whom a license hits been given under this Act shall deposit as
service charges a sum 23[at such rate as may be prescribed by the
Government from time to time, per square metre of the gross area and of the
covered area of all the floors in case of flats proposed to be developed by him
into a colony] in two equal instalments. The first instalment shall be
deposited within 60 days from the date of the grant of the license and the
second instalment to be deposited within six months from the date of grant of
the license.
(2) The Haryana
Urban Development Authority 24[local authorities, firms, undertakings, of
Government and other authorities involved in land development] shall also be
liable to deposit the service charges and shall be deemed to be 25[colonizers] for this purpose only. The date of
first inviting applications for sale of plots in any colony by it shall be deemed
to be the date of granting of license under this Act for the purpose of deposit
of service charges.
(3) The service
charges shall be deposited by the colonizer with such officer or person as may
be appointed by the Government in this behalf.
(4) The colonizer
shall in turn be entitled to pass on the service charges paid by him to the
plot holder.
(5) The amount of
service charges if not paid within the prescribed period shall be recoverable
as arrears of land revenue.
(6) The amount of
service charges so deposited by the colonizer shall constitute a fund called
the Haryana Urban Development Fund (hereinafter referred to as the Fund) which
shall vest in the State Government.
(7) The Fund
shall be administered by such officers of the State Government as may be
appointed by it for this purpose.
(8) The amount of
services charges deposited by the colonizers and grants from the Government or
the local authority shall be credited to the Fund.
(9) The Fund
shall be utilized by the State Government for the benefit of the 26[urban development and for creation and
improvement of urban infrastructure in the State of Haryana], The Fund may also
be utilized to meet the cost of administrating the Fund.
(10) The
Government shall publish annually in the Official Gazette the report of the
activities financed from the fund and the statement of accounts.]
27[3-B. Erection or re-erection of buildings in
a licensed colony.— No person shall erect or re-erect buildings in a colony
save in accordance with the approved plans and subject to such restrictions and
conditions as are contained in the license or as may be specified by the
Government or the Director.]
4. Maintenance of
registers.— The Director shall
maintain such registers as may be prescribed showing sufficient particulars of
all cases in which licence is granted or refused by him and the said registers
shall be available for inspection without charges by all interested persons and
such persons shall be entitled to have extract therefrom.
5. Cost of development
works.— (1) The
colonizer shall 28[deposit thirty per centum] of the amount
realised, from time to time, by him, from the plot-holders within a period of
ten days of its realisation in a separate account to be maintained in a
scheduled bank. This amount shall only be utilised by him towards meeting the
cost of internal development works in the colony. After the internal
development works of the colony has been completed to the satisfaction of the
Director, the coloniser shall be at liberty to withdraw the balance amount.
The 28[remaining seventy per centum] of the said
amount shall be deemed to have been retained by the coloniser, inter-alia,
to meet the cost of land and external development works.
(2) The colonizer
shall maintain accounts of the amount kept in the scheduled bank, in such
manner as may be prescribed:
29[Provided that where the license under section 3
is granted for setting up a colony for cyber city or cyber park purposes, the
provisions of sub-sections (1) and (2) shall not be applicable.]
6. Auditing of accounts.— (1) The Director, or any other officer
authorised by him in this behalf, shall be competent to inspect the accounts
maintained by the colonizer who shall produce before him all the relevant
records required for this purpose.
(2) The coloniser
shall get his accounts audited, after the close of every financial year, by a
chartered accountant and shall produce a statement of accounts, duly certified
and signed; by such chartered accountant, in the manner prescribed.
7. Prohibition to
advertise and transfer plots.— Save as provided in section 9, 30[no person including a property dealer shall],—
(i) without
obtaining a licence under section 3, transfer or agree to transfer in any
manner plots in a colony or make an advertisement or receive any amount in
respect thereof;
(ii) erect or
re-erect any building in any colony in respect of which a licence under section
3 has not been granted;
31[(iii) errect or re-carct any building
ocher than for purposes of agriculture on the land sub-divided for agricultures
as defined in clause (aa) of section 2 of this Act.]
32 [7-A. Registration of certain documents.—
Notwithstanding any thing contained in any other law for the time being in
force, where any document is required to be registered under the provisions of
section 17 of the Indian Registration Act, 1908, purporting to transfer by way
of sale or lease any vacant land having an area of less than one hectare in an
urban area as may be notified specifically by the Government from time to time
for the purposes of this section, no Registration Officer appointed under the
above said Act shall register any such document unless the transferor produces
before such Registration Officer a no objection certificate issued by the
Director or an officer authorised by him in writing in this behalf, to the
effect that the said transfer does not contravene any of the provisions of this
Act and its rules and such no objection certificate shall be issued within
ninty days of the date of receipt of the application for the same:
Provided that—
(a) if the area
of vacant land, which is proposed to be transferred does not exceed one thousand
square meters, the above said no objection certificate shall be issued within
thirty days of the date of receipt of application by the Director, where—
(i) the land is
situated in a colony for which a licence has been issued under section 3 of
this Act, or
(ii) the transfer
proposed is as a result of family partition, inheritance, succession or
partition of joint holdings not with the motive of earning profit, or
(iii) the
transfer is in furtherence of any scheme sanctioned under any law;
(b) if the above
said application for grant of no objection certificate submitted to the
Director or an officer authorised by him in writing in the behalf is not
disposed off through an order in writing within the prescribed period of nintey
days or thirty days as described in this section, the no objection certificate
shall be deemed to have been granted;
(c) all
applications for grant of no objection certificates shall be accompanied by the
following documents:—
(i) title of
land,
(ii) draft copy
of registration deed;
(iii) an
affidavit to the effect that the site is covered under this section, if the
area of the land does not exceed one thousand square meters.]
8. Cancellation of
licence.— (1) A license
granted under this Act, shall be liable to be cancelled by the Director if the
colonizer contravenes any of the conditions of the licence or the provisions of
the Act or the rules made thereunder; provided that before such cancellation
the colonizer shall be given an opportunity of being heard.
33[(2) After cancellation of the licence,
the Director may himself, carry out or cause to be carried out, the development
works in the colony and recover such charges as the Director may have to incur
on the said development works from the colonizer and the plot-holders in the
manner prescribed as arrears of land revenue.
(3) The liability
of the colonizer for payment of such charges shall not exceed the amount the
colonizer has actually recovered from the plot-holders less the amount actually
spent on such development works, and that of the plot-holders shall not exceed
the amount which they would have to pay to the colonizer towards the expenses of
the said development works under the terms of the agreement of sale or transfer
entered into between them:
Provided that the
Director may, recover from the plot-holders with their consent, an amount in
excess of what may be admissible under the aforesaid terms of agreement of sale
or transfer.
(4)
Notwithstanding anything contained in this Act, after the colony has been fully
developed under sub-section (2), the Director may, with a view to enabling the
colonizer, to transfer the possession of and the title to the land to the
plot-holders within a specified time, authorise the colonizer by an order, to
receive the balance amount, if any, due from the plot-holders, after adjustment
of the amount which may have been recovered by the Director towards the cost of
the development works and also transfer the possession of or the title to the
land to the plot-holders within aforesaid time. If the colonizer fails to do
so, the Director shall on behalf of the colonizer transfer the possession of
and the title to the land to the plot-holders on receipt of the amount which
was due from them.
(5) After meeting
the expenses on development works under sub-section (2), the balance
amount shall be payable to the colonizer.]
9. Exemption from
obtaining licence in certain cases.— (1) The Director shall grant exemption to a person from
obtaining the licence if he is satisfied that—
(a) the land—
(i) had been
divided into plots and more than twenty per centum of the plots according to
layout plan;
(ii) is in a
compact block; and
(iii) is not
situated within the controlled area; or
(b) (i)
the land does not exceed 4,000 square metres and is situated within the limits
of a municipal area, a notified area or the Faridabad complex;
(ii) the
amenities similar to the one existing in the locality exit or such person
undertakes to provide such amenities and
(iii) the size of
the plots divided or proposed to be divided is in conformity with the general
layout of the plots in the locality:
Provided that the Director
may, by an order in writing giving reasons, refuse to grant the exemption if
he, after hearing the applicant, is of the opinion that the application has
been made with a view to evade the provisions of this Act.
(2) The
application for obtaining exemption shall be in such form and manner as may be
prescribed.
(3) If, within a
period of three months of the date when an application under sub-section (2)
has been made to the Director, no order in writing has been passed by the
Director, the exemption shall be deemed to have been granted.
Explanation.— The expression “controlled area” shall have
the meaning assigned to it in the Punjab Scheduled Roads and Controlled Areas
Restriction of Unregulated Development Act, 34[1963, and the Faridabad Complex (Regulation and
Development) Act, 1971.]
35[10. Penalties.— (1) Any person
who contravenes any of the provisions of this Act or the rules made thereunder
or any of the conditions of aliccnce granted under section 3 shall be
punishable with imprisonment of either discription for a term which may extend
to three years and shall also be liable co. fine:
Provided that where any
of the provisions of section 9 are contravened the punishment of imprisonment
shall not exceed six months.
36(2) Without prejudice to the provisions
of sub-section (1) the Director or any other officer authorized in
writing by him in this behalf may, by notice, served by post and if a person
avoids service, or is not available for service of notice, or refuses to accept
service, then by affixing a copy of it on the outer door or some other
conspicuous part of such premises, or in such other manner as may be
prescribed, call upon any person who has committed a breach of the provisions
referred to in the said sub-section to stop further construction and to appear
and show cause why he should not be ordered to restore to its original state or
to bring it in conformity with the provisions of this Act or the rules framed
thereunder, as the case may be, any building or land in respect of which a
contravention such as is described in the said sub-section has been committed
and if such person fails to show cause to the satisfaction of the Director or
such authorized officer within a period of seven days, the Director or such
authorized officer may pass an order requiring him to restore such land or
building to its original state or to bring it in conformity with the provisions
of this Act or the rules framed thereunder, as the case may be, within a
further period of seven days.
(3) If the order
made under sub-section (2) is not carried out within the specified
period; the Director, if any other officer authorized in writing by him in this
behalf may, himself at the expiry of the specified period, take such measures,
as may appear necessary to give effect to the order and the cost of such
measure shall, if effect to the order and the cost of such measure shall, if
not paid on demand being made to him, be recoverable from such person as
arrears of land revenue:
Provided that even
before the expiry of the period mentioned in the order under sub-section (2),
if the Director or such authorized officer is satisfied that instead of
slopping the construction, the person continues with the contravention, the
Director or such authorized officer may himself take such measures, as may
appear necessary, to give effect to the order and the cost of such measures
shall, if not paid on demand being made to him, be recoverable from such person
as arrears of land revenue.]
37[11. Prosecution.— No prosecution for any
offence punishable under this Act shall be instituted except with the previous
sanction of the Director or any officer authorised in writing by him in this
behalf.
11-A. Duty of Police
officers.— It shall be the duty
of every police officer—
(i) to
communicate without delay to the Director or any other officer authorised in
writing by him in this behalf, any information which he receives of a design to
commit or of the commission of any offence against this Act or any rule or
regulation made thereunder; and
(ii) to assist
the Director or any other officer authorised in writing by him in this behalf,
in the lawful exercise of any power vested in the Director or any other officer
authorised in writing by him in this behalf under this Act or any rule or
regulation made thereunder.
11-B. Power to arrest.— (1) A police officer not bellow the
rank of sub-inspector, shall arrest any person who commits in his view any
offence against this Act or any rule made thereunder, if the name and address
of such person, be unknown to him and if such person, on demand declines to
give his name and address, or gives such name or address which such officer has
reason to believe to be false.
(2) The person so
arrested shall, without unavoidable delay, be produced before the Magistrate
authorised to try the offence for which the arrest has been made and no person,
so arrested, shall be detained in custody for a period exceeding twenty-four
hours without an order from the above mentioned Magistrate.]
12. Offences by
companies.— (1) Where an
offence under this Act has been committed by a company, the company as well as
every person incharge of, or responsible to, the company for the conduct of its
business at the time of the commission of the offence, shall be liable to be
proceeded again si and punished accordingly:
Provided that nothing
contained in this sub-section shall render any such person liable to any
punishment if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.
(2)
Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has
been committed with the consent or connivance of, or that the commission of the
offence is attributable to any neglect on the part of, a director, Manager,
secretary or other officer of the company, such Director, Manager, Secretary or
other officer shall also be proceeded against and punished accordingly.
Explanation— For the purposes of this section—
(a) “company”
means any body corporate and includes a firm or other association of
individuls; and
(b) “director” in
relation to a firm means a partner in the firm.
13. Composition of
offences.— (1) The
Director may, either before or after the institution of the proceedings for
prosecution, compound any offence punishable by or under this Act.
(2) Where an
offence has been compounded, the offender, if in custody, shall be released and
no further proceedings shall be taken against him in respect of the offence
compounded.
14. Indemnity.— (1) No suit, prosecution or other
legal proceedings shall lie against any person in respect of anything which is
in good faith done or intended to be done in pursuance of this Act or the rules
made thereunder.
(2) No suit or
other legal proceedings shall lie against the Government for any damage caused
by anything which is in good faith done or intended to be done in pursuance of
this Act or the rules made thereunder.
15. Bar of jurisdiction
of civil court.— No civil court shall
have any jurisdiction to entertain or decide any question relating to matters
falling under this Act or the rules made thereunder.
16. Effect of other.— Notwithstanding anything contained in this
Act, any permission already granted to set up a colony under the Punjab
Scheduled Roads and Controlled Areas Restricon of Unregulated Development Act,
1963, and the rules made thereunder, shall remain valid and be governed by the
terms and conditions contained therein. No person shall be required to obtain a
licence if he had obtained permission under the said Act and the same still
subsists.
17. Restrictions in
controlled area.— Any person who has
sold or transferred or has agreed to sell or transfer any plot for any purpose
in colony, in an area in which the Punjab Scheduled Roads and Controlled Areas
Restriction of Unergualated Development Act, 1963, was applicable, and has not
obtained permission as required by the said Act, but has realised any money
before the commencement of this Act from the plot-holders, shall obtain a
licence under the provisions of this-Act within a period of three months from
the date publication of this Act in the Official Gazette of the State or such
further period as may be allowed by the Director.
18. Savings.— Nothing in this Act shall affect the power of
the Government, Improvement Truts, Housing Board, Haryana, 38[any local authority or other authority
constituted under any law for the time being in force by the State Government
for carrying out development of urban area.] to develop land or impose restrictions
upon the use and development of any area under any other law for the time being
in force, 39[but such power except the power exercisable by
the Government, shall be excrcised on payment of such sum as may be decided by
the Government from time to time.]
40[19. Appeal.— Any person aggrieved by any order of the
Director or any officer appointed by the Government, by notification in the
Official Gazette, to exercise and perform all or any of the powers and
functions of the Director may, within a period of thirty days of the date of
communication of the order to him, prefer an appeal to the Secretary to
Government, Haryana, Town and Country Planning Department, in such form and
manner as may be prescribed:
Provided that the appeal
may be entertained after the expiry of the said period of thirty days, if he is
satisfied that the appellant was prevented by sufficient cause from filing the
appeal in time.]
20. Revision.— The Government may call for the record of any
case pending before, or disposed of by, any subordinate authority, for the
purpose of satisfying itself as to the legality or propriety of any proceedings
or of any order made there in and may pass such order in relation thereto as it
may think fit.
21. Review.— The Director may, either of his own motion or
on an application of any party interested, review, and on so reviewing modify,
reverse or confirm any order passed by himself or by any of his predecessors in
office:
Provided that—
(a) When the
Director proposes to review any order passed by his predecessor in office, he
shall first obtain the sanction of the Government;
(b) no
application for review of an order shall be entertained unless it is made
within a period of ninety days from the date of passing of the order, or unless
the applicant satisfies the Director that he had sufficient cause for not
making the application within that period;
(c) no order
shall be modified or reversed unless the parties concerned have been afforded a
reason able opportunity of being heard;
(d) no order
against which an appeal has been preferred shall be reviewed.
22. Delegation.— The Government may, by notification, direct
that the powers exercisable by it under this Act shall, in such circumstances
and under such conditions as may be specified therein, be exercisable also by
an officer subordinate to it.
23. Power to exempt.— If the Government is of the opinion that the
operation of any of the provisions of this Act causes undue hardship or
circumstances exit which render it expedient so to do, it may, subject to such
terms and conditions as it may impose, by a general or special order exempt any
class of persons or areas from all or any of the provisions of this Act.
24. Power to make rules.— (1) The Government may, by
notification subject to the condition of previous publication, make rules for
carrying out the purposes of this Act.
(2) In particular
and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) fee, form and
manner of making an application for obtaining licence under sub-section (1)
of section 3;
(b) form of
licence and agreement under sub-section (3) of section 3;
(c) fee for grant
or renewal of licence under sub-section (4) of section 3;
(d) form of
registers to be maintained under section 4;
(e) form of
accounts to be maimaned under sub-section (2) of section 5;
(f) manner of
getting the accounts audited under sub-section (2) of section 6;
(g) manner in
which preference is to be given to the plot-holders under sub-section (3)
of section 8;
(h) form and
manner of making application under sub-section (2) of section 9;
41(i) any other matter in connection with
preparation, submission and approval of plans.]
(3) All rules
made under this Act shall be laid, as soon as may be after they are so made,
before the House of the State Legislature while it is in session for a period
of not less than fourteen days, which may be comprised in one session or two
successive sessions, and if, before the expiry of the session in which they are
so laid or the session immediately following the House of the State Legislature
makes any modification in any of such rules or resolves that any such rule should
not be made, such rules shall thereafter have effect only in such modified form
or be of no effect, as the case may be, so however, that any such modification
or annulment shall be without prejudice to the validity of anything previously
done thereunder.
25. Repeal.— The Haryana Restrictions on (Development and
Regulation of) Colonies Act, 1971 (Haryana Act 39 of 1971), is hereby repealed.
———
1. For Statement of Objects and Reasons, see Haryana
Government Gazelle (Extraordinary), dated the 13th January, 1975, pages
62-63.
2. [Received the assent of the Governor of Haryana on the
30th January, 1975 and was first published in the Haryana Government Gazette
(Extraordinary), Legislative Supplement Part I of 30th January, 1975.]
3. For Statement of Objects and Reasons, see Haryana
Government Gazette (Extraordinary), dated the 23rd March, 1977, page 450.
4. For Statement of Objects and Reasons, see Haryana
Government Gazette (Extraordinary), dated the 27th March, 1984, page 555.
5. For Statement of Objects and Reasons, see Haryana
Government Gazette (Extraordinary), dated the 25th November, 1986, page
1314.
6. For Statement of Objects and Reasons, see Haryana
Government Gazette (Extraordinary), dated the 22nd August, 1989, page 1323.
7. For Statement of Objects and Reasons, see Haryana
Government Gazette (Extraordinary), dated the 18th November, 1996, page
2397.
8. For Statement of Objects and Reasons, see Haryana
Government Gazette (Extraordinary), dated the 10th March, 2003, page 900.
9. For Statement of Objects and Reasons, see Haryana
Government Gazette (Extraordinary), dated the 9th February, 2004, page 301.
10. Inserted by Haryana Act 11 of 1989.
11. Substituted by Haryana Act 11 of 2003.
12. Omitted by Haryana Act 11 of 2003.
13. Inserted by ibid.
14. Substituted by Haryana Act 11 of 2003 and further
substituted by Haryana Act 5 of 2004.
15. Inserted by Haryana Act 11 of 2003.
16. Substituted by Haryana Act 17 of 1996.
17. Substituted by Haryana Act 11 of 2003.
18. Inserted by ibid.
19. Substituted by Haryana Act 11 of 2003.
20. Substituted by Haryana Act 11 of 2003.
21. Inserted by Haryana Act 15 of 1984.
22. Substituted by Haryana Act 17 of 1996.
23. Inserted by Haryana Act 17 of 1996.
24. Added by Haryana Act 11 of 2003.
25. Substituted by Haryana Act 17 of 1996.
26. Inserted by Haryana Act 11 of 2003.
27. Inserted by Haryana Act 11 of 2003.
28. Substituted by Haryana Act 11 of 2003.
29. Added by ibid.
30. Inserted by ibid.
31. Inserted by Haryana Act 11 of 2003.
32. Inserted by Haryana Act 11 of 2003.
33. Substited by Haryana Act 30 of 1986.
34. Substituted by Haryana Act 9 of 1977.
35. Substituted by Haryana Act 11 of 1989.
36. Substituted by Haryana Act 11 of 2003.
37. Substituted by Haryana Act 11 of 1989.
38. Substituted by Haryana Act 9 of 1977.
39. Added by Haryana Act 17 of 1996.
40. Substituted by Haryana Act 11 of 2003 and further
substituted by Haryana Act 5 of 2004.
41. Added by Haryana Act 11 of 2003.
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