LexThe Gurugram Metropolitan Development Authority Act, 2017 (34 of 2017)
Haryana · state statute
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Regd. No. CHD/0093/2015–2017
Haryana Government Gazette
EXTRAORDINARY
Published by Authority
© Govt. of Haryana
No. 212-2017/Ext. ] CHANDIGARH, TUESDAY, DECEMBER 5, 2017
(AGRAHAYANA 13, 1939 SAKA )
LEGISLATIVE SUPPLEMENT
CONTENTS PAGES
PART-I ACT
THE GURUGRAM METROPOLITAN DEVELOPMENT AUTHORITY ACT, 2017
(HARYANA ACT NO. 34 OF 2017).
463-485
PART-II ORDINANCES
NIL
PART-III DELEGATED LEGISLATION
NIL
PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS
NIL
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 463
PART I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 5th December, 2017
No. Leg. 37/2017 .— The following Act of the Legislature of the State of Haryana received
the assent of the Governor of Haryana on the 8th November, 2017 and is hereby published for
general information :-
HARYANA ACT NO. 34 OF 2017
THE GURUGRAM METROPOLITAN DEVELOPMENT AUTHORITY
ACT, 2017
AN
ACT
to develop a vision for the continued, sustained and balanced growth of the
Gurugram Metropolitan Area through quality of life and reasonable standard
of living provided to residents through generation of employment opportunities,
to provide for integrated and coordinated planning, infrastructure development
and provision of urban amenities, mobility management, sustainable
management of the urban environment and social, economic and industrial
development, to redefine the urban governance and delivery structure in
coordination with local authorities in the context of the emergence of
Gurugram as a rapidly expanding urban agglomeration, to establish a
statutory Authority for the said purpose and for matters connected
therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in its Sixty-eighth Year of the
Republic of India as follows:-
1. (1) This Act may be called the Gurugram Metropolitan Development Authority
Act, 2017.
(2) It shall come into force on such date, as the State Government may, by notification,
appoint and different dates may be appointed for different provisions of this Act and any
reference in any such provision of this Act to the commencement of this Act shall be construed as
a reference to the coming into force of that provision.
Short title and
commencement.
2. (1) In this Act, unless the context otherwise requires,-
(a) ―Authority‖ means the Gurugram Metropolitan Development Authority
established under sub-section (1) of section 4;
(b) ―board‖ means a board established by or under any State law;
(c) ―Chief Executive Officer‖ means Chief Executive Officer of the Authority
appointed under sub-section (1) of section 9;
(d) ―company‖ means a company registered under the Companies Act, 2013
(Central Act 18 of 2013);
(e) ―Corporate Social Responsibility Policy‖ means a policy as approved by the
Board under the provisions of clause (a) of sub -section (4) of section 135 of
the Companies Act, 2013 (Central Act 18 of 2013);
(f) ―geospatial based system‖ means processes and techno logy used to acquire,
manipulate, plan and store datasets and information that identifies
geographic location, characteristics and other attributes of natural or
constructed features in the notified Area and includes –
(i) boundaries of natural or constructed features and jurisdictions;
Definitions.
464 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
(ii) statistical data;
(iii) information derived from, among other things, mapping, remote
sensing and surveying technologies;
(g) ―Haryana Urban Development Authority‖ means the Haryana Urban
Development Authority constituted under sub -section (1) of section 3 of the
Haryana Urban Development Authority Act, 1977 (13 of 1977);
(h) ―infrastructure development plan‖ means the infrastructure plan published
under sub-section (5) of section 17;
(i) ―infrastructure development work‖ means development of infrastructure
such as roads, water supply systems and water treatment, sewerage systems,
sewerage treatment and disposal, drainage, electricity transmission and
distribution systems, solid waste manageme nt facility, metro railway
systems, piped natural gas, communications or such other urban
infrastructure which connects two or more sectors, municipal colonies or
villages or which provides for the infrastructure needs of the notified area,
but does not include any internal development work;
(j) ―internal development work‖ means development of roads, provision of
water supply, sewerage, drainage, electricity, sanitation or such other urban
facilities or urban amenities within a sector, colony, municipal colony or
abadi deh areas of villages located in the notified area;
(k) ―limited liability partnership‖ means a limited liability partnership
incorporated under the Limited Liability Partnership Act, 2009 (Central Act
6 of 2009);
(l) ―local authority‖ means a Municipal Corporation, Municipal Council,
Municipal Committee, Gram Panchayat, Panchayat Samiti or Zila Parishad,
as the case may be in the notified area;
(m) ―mobility‖ means movement of person on foot or a wheeled conveyance of
any description;
(n) ―mobility management pl an‖ means the mobility management plan for
managing mobility in the notified area under section 21;
(o) ―notification‖ means a notification published in the Official Gazette of the
State of Haryana;
(p) ―notified area‖ means the Gurugram Metropolitan Area notified under
sub-section (1) of section 3;
(q) ―prescribed‖ means prescribed by rules made under this Act;
(r) ―regulations‖ means regulations of the Authority under this Act;
(s) ―resident‖ means a citizen of India who ordinarily resides in the notified
area;
(t) ―Residents Advisory Council‖ means the Residents Advisory Council
constituted under section 11;
(u) ―State Government‖ means the Government of the State of Haryana;
(v) ―transferable development right‖ means a certificate granting the right to the
authorized holder of the certificate to construct up to a floor area mentioned
in the certificate which the authorized holder may transfer, on such general
terms and conditions and after such sanction in accordance with policy
notified by the State Government, to another person or company or other
agency upon which the right to construct shall transfer to such person or
company or other agency;
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 465
(w) ―urban area‖ for the purposes of this Act includes rural areas in the
periphery of the Municipal Corporation, Gurugram which, in the opin ion of
the State Government, have the potential of being urbanised;
(x) ―urban amenities‖ means urban facilities such as parks, playgrounds, green
spaces, parking facilities, public wi -fi facilities, public bus transport, bus
shelters, taxi and rickshaw stands , libraries, affordable hospitals, cultural
centres, recreation centres, stadium, sports complex and any other urban
facility that the State Government may, on the recommendation of the
Authority, specify to be an urban amenity, but does not include
infrastructure development work;
(y) ―urban environment‖ includes water, air, green spaces, open spaces and
urban forestry in the notified area.
(2) Words and expressions used and not defined herein but defined in the
Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development
Act, 1963 (41 of 1963) or Haryana Development and Regulation of Urban Areas Act, 1975
(8 of 1975) or the Haryana Municipal Corporation Act, 1994 (16 of 1994) and not incon sistent
with this Act shall have the meanings respectively assigned to them in that Act.
3. (1) The State Government may, by notification, declare any area falling within the
limits of controlled areas in Gurugram district to be notified area having the potential for urban
expansion and the area under any or all of the following local authorities, namely: -
(a) Municipal Corporation, Gurugram;
(b) Municipal Council, Sohna;
(c) Municipal Committee, Pataudi;
(d) Municipal Committee, Farukhnagar;
(e) Municipal Committee, Hailey Mandi; and
(f) any Panchayat in Gurugram district in so far as the abadi deh of such P anchayat is
concerned.
(2) The State Government shall cause the contents of the declaration made under
sub-section (1) to be published in at least two daily newspapers printed in English and Hindi
languages.
(3) The declaration made under sub-section (1) shall be published on the website of the
Authority.
Declaration of
Gurugram
Metropolitan
Area.
4. (1) The State Government shall, by notification and with effect from such date, as may
be specified in the notification, establish, for the purposes of this Act, an Authority to be called
the Gurugram Metropolitan Development Authority.
(2) The Authority shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal, with power, subject to the provisions of this Act, to ac quire, hold
and dispose of property, both movable and immovable and to contract and shall, by the said
name, sue or be sued.
Establishment of
Authority.
5. The Authority shall consist of the following members, namely:-
(a) Chief Minister of Haryana, Chairperson;
(b) Minister Incharge Town and Country Planning, ex-officio member;
(c) Minister Incharge Urban Local Bodies, ex-officio member;
(d) Minister Incharge Transport, ex-officio member;
(e) Members of Parliament representing the parliamentary constituency falling within
the notified area, ex-officio members;
Constitution of
Authority.
466 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
(f) Members of the State Legislature representing assembly constituencies falling
within the notified area, ex-officio members;
(g) Mayor of the Municipal Corporation, Gurugram, ex-officio member;
(h) Senior Deputy Mayor of the Municipal Corporation, Gurugram, ex -officio
member;
(i) Chairman, Zila Parishad, Gurugram, ex-officio member;
(j) Additional Chief Secretary or Principal Secretary, as the case may be, Town and
Country Planning Department, ex-officio member;
(k) Additional Chief Secretary or Principal Secretary, as the case may be, Urban Local
Bodies Department, ex-officio member;
(l) such officers of the State Government, not belo w the rank of Principal Secretary,
not exceeding six, as the State Government may, from time to time, nominate, ex -
officio members;
(m) such experts, not exceeding six, as the State Government may, from time to time,
nominate from the field of urban infrastruc ture, governance, public administration,
finance, management, urban forestry, environment, engineering, town planning
etc., members;
(n) Divisional Commissioner, Gururgam, ex-officio member;
(o) Commissioner of the Municipal Corporation, Gurugram, ex-officio member;
(p) Commissioner of Police, Gurugram, ex-officio member;
(q) Deputy Commissioner, Gurugram, ex-officio member;
(r) Chief Executive Officer, member-secretary.
Allowances,
cessation and
resignation of
members.
6. (1) The members, other than ex -officio members, shall receive such allowances for
attending the meetings of the Authority, as may be prescribed.
(2) Where a person becomes or is nominated as a member of the Authority by virtue of
holding an office or a position, he shall cease to be a member of the Authority as soon as he cease
to hold such office or position, as the case may be.
(3) A member, other than an ex -officio member may, at any time, by writing under his
hand, addressed to the Chairperson, resign from his office.
Meetings of
Authority.
7. (1) The Authority shall meet at such time, at such place and subject to provisions of
sub-sections (2) and (3), observe such rules of procedure for conduct of meetings and transaction
of business, as may be prescribed.
(2) At every meeting of the Authority, the Chairperson, if present or in his absence,
any one of the members, as the Chairperson may nominate, shall preside.
(3) All questions at a meeting shall be decided by a majority of votes of the members
present and in case of equality of votes, the Chairperson or the member presiding, as the case
may be, shall have a second or casting vote.
(4) The Chief Executive Officer shall maintain records of the meetings of the
Authority in such manner, as may be prescribed.
Delegation of
powers of
Authority to
executive
committee.
8. (1) The Authority may delegate any of its powers, other than the powers in
sub-section (2), to an executive committee constituted from amongst its members, as the
Chairperson may decide and all decisions of the executive committee shall have the same effect
as if taken by the Authority under this Act:
Provided that the executive committee shall include not less than three members of
the Authority nominated under clause (m) of section 5;
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 467
(2) The Authority shall not delegate to the executive committee the following powers,
namely:-
(a) to approve the infrastructure development plan under sub -section (5) of
section 17;
(b) to approve the mobility management plan under sub -section (4) of
section 21;
(c) to approve the plan for sustainable management of the urban environment
under section 23;
(d) to approve the budget of the Authority under section 38;
(e) to make, amend or repeal any regulation under section 57.
9. (1) The State Government shall, by notification, appoint an officer of the State
Government, not below the rank of Principal Secretary, as Chief Executive Officer.
(2) The Chief Executive Officer shall be paid out of the Fund of the Authority, such
monthly salary and such monthly allowance s with such other facilities, as may from time to time
be fixed by the State Government.
(3) Whenever the Chief Executive Officer is on leave or is unable to discharge his
duties, the State Government may appoint another officer in his place to exercise the powers of
the Chief Executive Officer until his return.
Appointment,
terms and
conditions etc. of
Chief Executive
Officer.
10. (1) The Authority may appoint such officers and other staff, in such manner and with
such qualifications, as may be prescribed.
(2) The salary, allowance payable to and the other terms and conditions of service of
officers and other staff of the Authority shall be such, as may be prescribed.
(3) The Chief Executive Officer may appoint, in such manner, for such temporary
period and on such terms and conditions, such other staff, as it may consider necessary for the
efficient performance of its functions, as may be specified by regulations.
Officers and other
staff of authority.
11. (1) There shall be a Residents Advisory Cou ncil to advise the Authority and provide
guidance on the exercise of its powers and performance of its functions.
(2) The Residents Advisory Council shall consist of the Chief Executive Officer, who
shall preside over the meetings of the council and the following members, namely:-
(a) Commissioner of the Municipal Corporation, Gurugram, ex -officio
member;
(b) Commissioner of Police, Gurugram, ex-officio member;
(c) Deputy Commissioner, Gurugram, ex-officio member;
(d) Chief Administrator of the Haryana Urban Development Authority or an
officer not below the rank of Administrator, to be nominated by the Chief
Administrator, ex-officio member;
(e) such officers of the Authority, not exceeding four, as the Chief Executive
Officer may, from time to time, nominate, ex-officio members;
(f) such officers, not exceeding three, of the State Government or any board or
company or any agency wholly owned by the State Government and having
their headquarters in the notified area, as the executive committee may,
from time to time, nominate, ex-officio members;
(g) such persons, not less than ten and not more than fifteen, being residents in
the notified area, to be nominated amongst resident welfare associations,
civil society, labour, industry, real estate developers, commerce and services
by the Authority or the Executive Committee, in such manner and for such
term, as may be prescribed, members.
Residents
advisory Council.
468 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
(3) The Residents Advisory Council shall monitor the implementation of the annual
plan of action for infrastructure development, mobility management plan and the plan for
sustainable management of the urban environment and make such recommendations, as it may
decide.
(4) The recommendations of the Residents Advisory Council, alongwith an
explanatory memorandum on the action taken or proposed to be taken thereon, shall be placed by
the Chief Executive Officer before the Authority.
(5) The procedure for conduct of meetings and transaction of business of the Residents
Advisory Council shall be such, as may be prescribed.
(6) The members of the Residents Advisory Council nominated under clause (g) of
sub-section (2), shall receive such allowances for attending the meetings of the Authority, as may
be prescribed.
General
superintendence,
direction and
management of
affairs of
Authority.
12. (1) Subject to the other provisions of this Act, rules and regulations made thereunder,
the general superintendence, direction and management of the affairs of the Authority shall vest
in the Chief Executive Officer.
(2) The Chief Executive Officer may by an order, delegate any of his powers to any
officer of the Authority on such terms and conditions, as may be determined:
Provided that each such order of delegation and the terms and conditions of such
delegation shall be placed before the Authority.
Avoidance of
conflict of
interest.
13. A member of the Authority or a member of the Residents Advisory Council, having any
direct or indirect interest, whether pecuniary or otherwise, in any matter coming up for
consideration at a meeting of the Authority or the Residents Advisory Council, as the case may
be, shall disclose the nature of his interest at such meeting and shall not take any part in any
deliberation or decision of the Authority or the Residents Advisory Council, as the case may be,
with respect to that matter.
Disclosure of
information.
14. The Chief Executive Officer and such officers of the Authority, as the Authority may
determine and members of the Residents Advisory Council shall, as soon as may be after
appointment and every year thereafter, make a declaration, in such form and manner, as may be
specified by regulations, on the extent of his interest, whether direct or indirect and whether
pecuniary or otherwise, in any property, business or employment of any fa mily member in the
notified area or any matter concerning or related to the affairs of the Authority and the
declaration so made shall be placed on the website of the Authority.
Powers of
Director to be
exercised by Chief
Executive Officer.
15. The Chief Executive Officer shall, within the limits of the notified area, exercise such
powers as are conferred upon the Director under the Punjab Scheduled Roads and Controlled
Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963).
Powers, functions
and duties of
Authority.
16. (1) The powers, functions and duties of the Authority may, inter alia, provide for all or
any of the following matters, namely:-
(a) prepare, sanction, implement plans, projects and schemes for infrastructure
development and provision of urban amenities, mobility management,
sustainable management of the urban environment and social, economic and
industrial development in the notified area;
(b) maintain or cause to be maintained, all infrastructure development work,
urban a menities and properties vested in or under the control and
management of the Authority;
(c) implement projects, schemes or measures for coordinated and integrated
infrastructure development and urban amenities, mobility management,
sustainable management of the urban environment and social, economic and
industrial development in the notified area, as may be entrusted, with the
concurrence of the Authority, to it by the Central Government or the State
Government or by any board, company or other agency of the Ce ntral
Government or State Government;
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 469
(d) coordinate, for the purposes of integrated infrastructure development,
provision of urban amenities, mobility management, sustainable
management of the urban environment and social, economic and industrial
development, with the Central Government or State Government, local
authority, boards, companies or other agencies;
(e) co-ordinate the regulation of the mobility management plan in the notified
area;
(f) operate or collaborate through the formation of joint vent ure companies or
limited liability partnerships in the establishment, development and
operation of public transportation, including mass transportation or
integrated multi-modal transportation, within the notified area;
(g) stimulate urban regeneration and ren ewal through planning, redevelopment
and renovation of areas within the notified area;
(h) prepare a disaster management plan and take such measures for prevention
of disasters and mitigation of its effects in the notified area, in so far as they
relate to infrastructure development;
(i) establish, operate and maintain the public safety answering point of the
emergency response system for the notified area;
(j) carry out surveys for the purposes as mentioned in foregoing clauses;
(k) advise or make recommendations to the State Government on any matter for
coordinated and integrated infrastructure development, provision of urban
amenities, mobility management, sustainable management of the urban
environment and social, economic and industrial development in the
notified area;
(l) assist local authorities through capacity building to enable them to exercise
their powers and perform their functions under the appropriate law by which
they have been established;
(m) undertake or cause to be undertaken, studies, research and analysis on urban
planning, urban regeneration and renewal, coordinated and integrated
infrastructure development and provision of urban amenities, mobility
management, sustainable management of the urban environment and social,
economic and industrial development or for any other purpose under this
Act;
(n) perform such other functions and discharge such other duties, as the State
Government may, by notification, require the Authority to undertake in
furtherance of its objects.
(2) The Authority may, in the exercise of its powers, performance of its functions or
discharge of its duties,-
(a) recommend to the State Government to acquire, in accordance with any law
for the time being in force, land for the purposes of the Authority;
(b) purchase, exchange, transfer, hold, lease, manage and dispose land in such
manner, as may be specified by regulations;
(c) acquire land for implementation of plans for infrastructure development and
sustainable management of the urban environment, in exchange for
transferable development rights issued in lieu of payment towards cost of
land in such manner and for such exchange value as the Authority may, in
accordance with the policy in this regard notified by the State Government,
determine;
(d) acquire, lease, hold, manage, maintain and dispose property, movable or
immovable, other than land;
(e) establish a modern geospatial based system for planning purposes and for
land, infrastructure, urban amenities and urban environment in the notified
area;
470 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
(f) enter into contracts or agreements with any person, board, company, local
authority or other agency;
(g) form with the prior approval of the State Government and on such terms and
conditions, as may be approved by the State Government, joint venture
companies and limited liability partnerships, with boards, companies or
other agencies;
(h) direct the appropriate local authority having jurisdiction or the District
Magistrate to remove any obstruction or encroachment on roads including
cycling tracks, open spaces, pedestrian footpaths or properties vesting in or
under the control and management of the Authority;
(i) require, the police to take, as immediately as may be practicable, action in
the aid of the Authority;
(j) to do all such other acts and things which may be necessary for or incidental
or conducive to, any matter which ma y arise on account of exercise of
powers and performance of functions and which are necessary for
furtherance of the objects for which the Authority is established.
Infrastructure
development plan. 17. (1) The Chief Executive Officer shall, within a peri od of four months from the
commencement of this Act and at such intervals thereafter, as may be prescribed, after such
consultations as may be specified by regulations, prepare an infrastructure development plan for
the notified area:
Provided that such infrastructure development plan shall be in conformity with the
final plans published under sub -section (7) of section 5 of the Punjab Scheduled Roads and
Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963).
(2) The infrastructure development plan shall –
(a) describe and detail the infrastructure development work and urban
amenities, including but not limited to roads, water supply, sewage disposal,
storm water drainage, electricity, solid waste management, public
transportation, parking and other urban amenities, required for the
maintenance of a reasonable standard of livability in the notified area or part
thereof:
Provided that nothing in this clause shall apply to any internal
development work under the contr ol and management of the local authority
or internal development work undertaken or intended to be undertaken, by
any owner who has been granted a licence under sub -section (3) of section 3
of the Haryana Development and Regulation of Urban Areas Act, 1975
(8 of 1975):
Provided further that the parameters for measuring the reasonable
standard of livability of residents shall be such, as may be determined by the
Authority;
(b) specify the right of way requirements for infrastructure development work
under, over, along, across or upon any road or public street or any property
vested in or under the control or management of the Authority, including
but not limited to electricity, telecommunications, piped natural gas,
provided by entities under a licence issued by or under any State law:
Provided that the right of way requirements shall make provision for
prevention of frequent damage to road and related infrastructure standing
thereon.
(3) The Chief Executive Officer shall cause the infrastructure development plan to be
published on the website of the Authority for the purpose of inviting objections or suggestions
thereon.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 471
(4) Any person, including a member of the Residents Advisory Council nominated
under clause (g) of sub -section (2) of section11, may with in a period of thirty days from the date
of publication of the plan under sub -section (3), send his objections or suggestions in writing, if
any, in respect of such plan to the Chief Executive Officer and he shall submit, within a period of
sixty days from the aforesaid date, the infrastructure development plan alongwith his
recommendations to the Authority.
(5) After considering the objections and suggestions, if any, and the recommendations
of the Chief Executive Officer thereon, the Authority shall, subject to such modifications as it
deems fit, prepare final infrastructure development plan and publish the same on the website of
the Authority.
18. (1) The Chief Executive Officer shall, based on the infrastructure development plan
published under sub-section (5) of section 17 and an assessment of the availability of resources,
prepare an annual plan of action for infrastructure development and provision of urban amenities
in the ensuing financial year.
(2) The annual plan of action for infrastruc ture development and provision of urban
amenities referred to in sub -section (1) shall contain schemes or projects for infrastructure
development work or urban amenities proposed in the ensuing financial year alongwith an
estimate of funds required for its implementation and source of funding.
(3) The annual plan of action for infrastructure development under sub -section (1)
shall include a statement of infrastructure development work and urban amenities –
(a) included in the annual plan of action of the current financial year that have
not started alongwith reasons thereof;
(b) that have been started, either in the current financial year or in the financial
years preceding the current financial year, but not completed alongwith
reasons thereof;
(c) that h ave been completed or are likely to be completed in the current
financial year.
(4) The annual plan of action for infrastructure development shall include an
assessment by the Chief Executive Officer, after obtaining information required for the purpose,
of infrastructure development and provision of urban amenities proposed or under
implementation by any person, board, company or other agency in the notified area.
(5) The Chief Executive Officer shall submit, at least one month before the end of the
financial year, the annual plan of action for infrastructure development and provision of urban
amenities referred to in sub -section (2) and the statement referred to in sub -section (3) to the
Authority.
(6) The Authority shall, before the commencement of the ensuing financial year and
after consideration of the annual plan of action for infrastructure development and provision of
urban amenities, approve the plan with such amendments or modifications, if any, as it deems fit:
Provided that any amendment or modification to such annual plan of action shall
be made only after an estimate of funds required for its implementation is assessed and the source
of funding is identified.
(7) The Chief Executive Officer shall cause the annual plan of action for infrastructure
development and provision of urban amenities, alongwith such amendments or modifications as
the Authority may direct, to be published on the website of the Authority, immediately as soon as
may be practicable, on approval of such annual plan.
Annual
infrastructure
development plan.
19. (1) Notwithstanding anything contained in any other State law for the time being in
force, no board, company, agency or person shall, except in accordance with the infrastructure
development plan, undertake any infrastructure development, within the notified area, of a nature
that has been entrusted to the Authority under this Act or rules or regulations made thereunder.
(2) Any board, company, agency or person desiring to undertake infrastructure
development referred to in sub -section (1) shall intimate, in writing to the Chief Executive
Officer, its proposal for infrastructure development, in such form and manner, as may be
specified by regulations, alongwith a certificate to the effect that the proposal is in accordance
with the infrastructure development plan:
Infrastructure
development to be
in accordance
with infrastructure
development plan.
472 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
Provided that the local authority or any owner who has been granted a licence
under sub-section (3) of section 3 of the Haryana Development and Regulation of Urban Areas
Act, 1975 (8 of 1975) shall not submit a proposal for internal development work to the Authority:
Provided further that the local authority shall inform the Authority about its intent
to undertake any infrastructure development work other than an internal development work and
such information shall be provided, except when it is of an emergent nature, at least thirty days
prior to the commencement of such infrastructure development work.
(3) The Chief Executive Officer immediately on the receipt of the proposal referred to
in sub -section (2) but not later than three working days, shall cause to place the proposal
alongwith all documents submitted, on the website of the Authority.
(4) Any resident of the notified area may, within a period of twenty -one days from the
date on which the proposal was placed on the website of the Authority under sub -section (3),
submit his objections or suggestions on the proposal to the Chief Executive Officer.
(5) The Chief Executive Officer shall, within a period of sixty days from the date on
which the proposal was placed on the website of the Authority under sub -section (3) and after
examination of the objections and suggestions and making such inquiry as he consi ders
necessary, either give his concurrence to the proposal or submit his recommendations alongwith
reasons thereof to the board, company, agency or person submitting the proposal under
sub-section (2).
(6) The concurrence or the recommendations alongwit h reasons thereof referred to in
sub-section (5), shall be placed on the website of the Authority.
(7) If the Chief Executive Officer, while making his recommendations under
sub-section (5), comes to the conclusion that the proposal has a material and pe rvasive effect and
affects public interest, he shall proceed forthwith to submit his recommendations to the
Chairperson of the Authority.
(8) The Authority shall, after consideration of the recommendations of the Chief
Executive Officer give such directio ns, subject to the provisions of this Act and rules made
thereunder, as it may deem fit and the Chief Executive Officer shall be bound to act in
accordance with such directions.
Special provisions
regarding right of
way for
infrastructure
development
work.
20. (1) The Authority shall specify the right of way requirements for laying infrastructure
development work under, over, along, across or upon any road or public street or any property
vested in or under the control or management of the Authority:
Provided that such right of way requirements shall be consistent with the
provisions of–
(i) the Indian Telegraph Act, 1885 (Central Act 13 of 1885) or rules made
thereunder, in respect of telecommunication infrastructure;
(ii) the Electricity Act, 2003 (Central Act 36 of 2003) or rules made thereunder,
in respect of electricity infrastructure;
(iii) the Metro Railways (Construction of Work) Act, 1978 (Central Act 33 of
1978) or rules made thereunder, in respect of metro railway infrastructure;
(iv) the Petroleum and Mineral s Pipelines (Acquisition of Right of User in
Land) Act, 1962 (Central Act 50 of 1962) or rules made thereunder, in
respect of petroleum and natural gas pipelines.
(2) The Authority shall, in respect of any property vested in it or under its control or
management, exercise the powers –
(i) of the local authority under the Indian Telegraph Act, 1885 (Central Act 13
of 1885) and the appropriate authority under the Indian Telegraph Right of
Way Rules, 2016, for underground telegraph infrastructure and over ground
telegraph infrastructure;
(ii) conferred under the rules made by the State Government under sections 67
and 68 of the Electricity Act, 2003(Central Act 36 of 2003) for electricity
infrastructure.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 473
(3) No person, board, company or other agency shall, except in accordance with the
right of way requirements undertake any infrastructure development work within the notified
area.
(4) Where the infrastructure development work is proposed to be provided under any
road or public street or any property vested in or under the control or management of the
Authority, the Chief Executive Officer may require the provider of such infrastructure
development work to ensure provision of positional intelligence through appropriate technology
to enable the Authority to obtain r eal time information on the location of such infrastructure
development work.
(5) The Authority may, either on its own or through collaboration with one or more
providers of any infrastructure development work, construct a shared infrastructure for all pu blic
utilities that are likely to be laid under any road or public street and on construction of such
shared infrastructure require all providers of infrastructure development work laid or proposed to
be laid under any road or public street to use the shared infrastructure:
Provided that the nature of the shared infrastructure, the terms and conditions of its
construction and shared use shall be such, as may be approved by the Authority.
(6) If the Chief Executive Officer is of the opinion that public i nterest shall be served
by shifting of any infrastructure development work laid under, over, along, across or upon any
road or public street or any property vested in or under the control or management of the
Authority, he may direct the owner of such infr astructure development work to shift or alter the
infrastructure so provided within such time, as he may reasonably determine:
Provided that if no compensation was paid to the Authority or its predecessor in
interest at the time of laying of the infrastr ucture development work, the shifting or alteration of
such infrastructure shall be undertaken by the owner of such infrastructure at their cost, unless
specifically exempted by an order of the Authority:
Provided further that where the shifting or alter ation of the infrastructure
development work is required for the implementation of another infrastructure development
work, then the shifting or alteration, including the cost of such shifting or alteration thereof, may,
if the Chief Executive Officer so d irects, be undertaken by the owner of the other infrastructure
development work:
Provided further that if owner of the infrastructure development work makes a
request with reasons thereof, to the Chief Executive Officer for an extension in time for the
shifting or alteration of such infrastructure development work, the Chief Executive Officer shall,
having regard to the public interest and the reasons cited for the request for extension in time,
may grant or refuse the extension.
Explanation.— For the purposes of this clause, the word ―compensation‖ shall not include the
payment made or incurred on reinstatement or restoration of damage to land.
21. (1) The Chief Executive Officer shall, in consultation with the Commissioner of
Police, Gurugram, Commi ssioner of the Municipal Corporation, Gurugram, Deputy
Commissioner, Gurugram and after such other consultations, as the Chief Executive Officer
deems fit, prepare from time to time, a mobility management plan for managing mobility in the
notified area.
(2) The mobility management plan shall include –
(a) measures for infrastructure development, including improvement of road
junctions, construction of roads, bridges, pedestrian footpaths, subways and
such other construction or improvement, as the case may be;
(b) measures for infrastructure development aimed at enhancing safety of life
and prevention of accidents on public roads;
(c) measures in regard to public transportation, mass transportation, integrated
multi-modal transportation, bus shelters, parking and their improvement;
(d) measures to regulate parking, traffic, installation of traffic signals and the
transit of vehicles, including its speed, form, construction, weight, size or
laden with such heavy or unwieldy objects, as may be likely to cause injury;
Mobility
management plan.
474 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
(e) measures to regulate access to premises from any particular public street
carrying high speed vehicular traffic;
(f) such other measures, as in the opinion of the Chief Executive Officer,
Commissioner of Police, Gurugram and Commissioner of Municipal
Corporation, Gurugram, may be required for managing mobility in the
notified area.
(3) The mobility management plan shall be submitted to the Residents Advisory
Council and it shall make such recommendations, if any, as it may decide.
(4) The mobility management plan shall be submitted to the Authority alongwith the
recommendations of the Residents Advisory Council, if any and the Authority shall approve the
plan with such amendments or modifications, as it deems fit.
(5) The Chief Executive Officer shall cause the mobility management plan alongwith
such amendments or modifications, as the Authority may direct, to be published on the website of
the Authority on approval of the plan.
(6) The Commissioner of Police, Gurugram, Commissioner of Municipal Corporation,
Gurugram or such other officer, as may be empowered under the law for the purpose, shall be
responsible for enforcement of the measures in regard to clauses (d) and (e) of sub -section (2)
requiring the imposition of any penalty for violation of such law for the time being in force.
(7) The exercise of powers by the Commissioner of the Municipal Corporation,
Gurugram under section 221 of the Haryana Municipal Corporation Act, 1994 (16 of 1994), shall
be in accordance with the mobility management plan.
Special provisions
regarding
operation of city
bus service.
22. The State Government shall, in public interest and pursuant to a proposal regarding a
scheme published in accordance with the provisions of sub-section (1) of section 99 of the Motor
Vehicles Act, 1988 (59 of 1988) and published under sub -section (3) of section 100 of the said
Act for the purpose of providing an efficient, adequate, economical and properly coordinated
road transport service, permit the Authority to operate a city bus service within the notified area.
Plan for
sustainable
environment
management.
23. (1) The Chief Executive Officer shall, in consultation with the Chief Conservator of
Forests, the Deputy Commissioner of Gurugra m, the Commissioner of the Municipal
Corporation, Gurugram and such other persons, as the Chief Executive Officer deems fit,
prepare, from time to time, a plan for sustainable management of the urban environment of the
notified area.
(2) The plan for sustainable management of the urban environment shall include –
(i) provision for urban forestry, tree plantation and horticulture so as to
endeavour to achieve such international standards for green spaces, as the
Authority may determine;
(ii) measures fo r solid waste management and water conservation, as may be
necessary and desirable.
(3) The Chief Executive Officer shall cause the plan for sustainable management of the
urban environment to be published on the website of the Authority for the purpose of inviting
objections or suggestions thereon.
(4) Any person, including a member of the Residents Advisory Council nominated
under clause (g) of sub -section (2) of section 11, within a period of twenty -one days from the
date of publication of the plan und er sub -section (3) send to the Chief Executive Officer, his
objections and suggestions, if any, in respect of such plan and the Chief Executive Officer shall
submit, within a period of sixty days from the aforesaid date, the plan for sustainable
management of the urban environment alongwith his recommendations to the Authority.
(5) After considering the objections and suggestions, if any, and the recommendations
of the Chief Executive Officer thereon, the Authority shall, subject to such modifications, as it
deems fit, decide as to the final plan for sustainable management of the urban environment and
publish the same on the website of the Authority.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 475
(6) The plan for sustainable management of the urban environment may, from time
to time as may be requir ed, be modified after following the process described in sub -section (3)
to (5), in so far as the modification is concerned.
(7) On the appExcerpt shown. Open the full act in Lexace.