LexThe Haryana Urban Development Authority Act, 1977 (13 of 1977)
Haryana · state statute
Open in Lexace · Ask the AI about this act1977 : Haryana Act 131 URBAN DEVEWPMENT AUTHORITY
THE HARYANA UR3AN DEVELOPMENT AUTI IDRITY ACT, 1977
(Haq-ana Act 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 of scrvice of members.
5. P~'.vcr to remxc medxrs.
6. Filling of vacanci~.
7.. Meeting.
12. General disqualifications of officers ad enlplnyees.
L 3. Objects and functions ofhuthority.
CWTER m
ACQUiSITIBN kW ZISPCSAL OF LAND
I 4. Compulsory acquisition oi'lat>d.
16. Imposition of penalty and mode of recovery of arrears.
1 7. Resumption and forfeiture forbreach of conditions of transfer.
CHAPTER TV --"-- ,." PfiWK'R VlCT PFR$<:F:s mt:?-M %tF,E? ur - - -. --_
Trn AmflirlOEtITY
18. Powei-i~icie~i~tpmonsfi~x~r~~sesofAuh~~~~.
1 9. Power to recover damages as Fears of and revenue.
20. Appeal.
UKBAN DEVELOPMENT AUTHORITY - 1 1977 : Haryana Act 13
Cl WTER V
FITiAiiCE, ACCOaTVTS AND lhTUDIT
2 1. Fund of Authority.
22. Power of Y tate Ciovernmcnt to make grants, advanccs and loans
to Authnrity.
23. PowerofAutl~onty toborroworarivmcemoney.
24. Priority nfpaynlcnt for interest and repayment nf loans.
25. Budget.
26. P,ccal;?ts and 225 t.
27. Annual Report.
28. Provident Fund.
CHAPTER VI
RELATIOH5 BETWEEX THE GOVEIU\riN'I; THE
AUTESPAT',' A?,% TEE L,':CA: ,A :GZ:T:.ZS; ETC.
29. Power #fAuthori tyto myire local authmiry to assume responsibility
for amenities in certain cases.
30. Control hy Staie Government.
3 I . Retuns and informarion.
3 5. Offences by Companies.
36. Fines when realised to be paid to Authority.
37. Composition of offences.
CI-WTER wr
,, , &lISCELL,WEOUS
3 9. Members, officers and employees to be public servants.
40. Jurisdiction of courts.
1977 : Haryana Act 131 URBAN DEVELOPMENT AUTHORITY
4 1 . Sanction for prosecurion.
42. Senrice of notice, etc.
.... -- 43, :wiices, ~LC. it~ Lx reas01135ie zi111e.
45. Mode of proof of records of Authority.
4'7. Prfitecrion clfactiun lairen in good faith.
48, Relation ofAu thority with police.
50. Finality of orders and bar ofjurisdiction of civil courts.
5 1 . Power to delegate.
52. Statc Govcmmcnt or <my person appointed by it rnay cxercise
~UW GI UL p~i~lui~i dilij ~djifiXi+~d iii~fi~~~d GG Aiithaitj.
53. Powerto make rules.
53. Pewcr ta makc regulations.
5 5. Pezz!t;. f3r 5:c~ h sf ~Aes 2nd reg~lzticns.
58. Rcpeal and savings.
59. Removalof&culty.
60. Re~ea! snd saving.
CHAPTER M
CONSTITUTION OFLOCAX,DEVELOP$BhTAUTHORfTIES
6 1. Definitions.
62. Declaratior, of Locsl Development area.
63. Constit~diorh of the lmal13evelopmentAuthority.
61. Terms of office and conditions of services of members.
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.
'13. 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.
11
I I . Date of coiimience=ciit of plan.
7 3. Maintenance and improvement of facade of certain buildings
arterial roads.
79. Amendment of Plan.
EC. Een:e!o;::?er:: sf !a& b-1 fl:c !or.! dpve!oped =en.
): 1 . ..?ppiicatior. f~r vrmission.
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
Deveiopmeoi Authulity.
86. Nazullands.
57. C'e.;.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 in certain cases.
92. Power of Local Development Authority to require local
1977 : Haryana Act 131 URBAN DEVELOPMENT .4UTHORI?'Y
authority to assume responsibilites in certain cases.
93. Power of LucaI Developu~ent Authority 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.
9 8. Toll for amcnities.
99. Recovery of money due to Lucal Deb elopa~cnt Authority
100. Rems 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'f fllc c'Jcyez?lmt tfi cveqt c.qe"tai~ r! xl: nf
buildings, etc.
i 06. Hans to stand ~rlorlihd UI c~rfiirl c&es.
f 07. Power 10 make rules for purposes of this Chapter.
108. Power to wake regulations for purposes of tlus Chapter.
1 09. 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.
! 1 2. Relalionship of J-laqma Urban Development Authority and
bcal Development Authority with thc State Governmenl.
1977 : Haryana Act 131 U~AN DEVELOPMENT AUTIIOR~TY
'WE HARYANA URBAN DEV-ELOPMENTAUTHONTY
ACT, 1 977.
{Harjrana,4ct No. 13 of 1977)
[Xec~i~vd ;he assell t the Presidcn t uf inch on file 30tj1 liy~ii,
1 977. irtid .,'irsr pitblished .fir- general i~;hnnation in rhe Watyan:1
Goverirnrerzr Gaette IExtr-aordinrity), LegislarA-c Sc~~plet~~unt Par-! I of
2nd Mny, 1977.1
-7 I
Short titlc I
The Haryana
Urban Develop-
ment Aulhudy
Act, 1577.
-
Whether rcpcaled or othcnvise
Amended by 1-laryana Act 1 8 of 1984'
Arncnded by Hary;ma Act 26 of 1984*
Amcnded by Harya~ra Aci 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"
1 ~rnendcd by Havana Act 12 of 2004'
.4~
ACT
lo prfiside for d~e esrchlish??rent ofnll 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 3rd March, 19?7, page A 12.
For Sta:ernenf of Ohjecti; and Rexons. sce Hzyana Governmen[ Gwile (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 Obj ects 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-ted by Haryana Act 12 of 2004.
URBAN DEVELOPMENT AUTHORITY [ 1977 : Haryana Act 13
BE it enactcdby the Legislature ofthe Statc of Haryans in thc Twenty-
eighth Year ofthe Republic oflndia as follows:--
Short title and 1. (1) This Act may be called the Haryana Urban Development
cxtcnt. 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, mbnent and disposal ofssiaage, suilage and aonn
water] public works, tourist spots, open spaccs, parks,
lmdscaping and play fields, and such other conveniences as the
State Government rnaj., by notification, specify t~ be an amenity
for the purposes of this Act;
'[(ail "basic amenities" includc mctallcd roads, wholcsomc watcr,
sewerage and ~iectrificarims; 3
I
fi,! "AuL$~ri~' neas &e Exyam t'hm Ueve!~prnent Aut!~rity
constituted under sub-section (1 ) of section 3 ;
(c) "building" include
(11 a house, out-house, stable, latrine, godown, shed, hut, wall
and any other struchre whether of masonry, bricks, mud,
wood, me~d or 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 my 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, il ally*
I
appurtenant to any building which is intended to be used
for residential, industrial, co~mle~-~ial or oilier bwps~s,
, 7
, . whether in actual use or nor;
1. Subsituted by Haryana Act 26 of 2002.
2. Insertedbyibid.
1977 : Haryana Act 131 URBAN DEVELOPMENT AUTHORITY
(d) "building operations" include re-building operation, structural
alterations of, or additions to, buildings and other operations
normally underpaken in corulcction with thc c~nst~ucti on of
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 "hveloprn&~ with its prmmtical variatio& mans the canying
out ofbuiiding. ei~gui~ering, mining or other nperatiocs in. un
over or under land or rhe making of any ma(erial cl~ai~ge, in my
buiihg or iand and inciuries rc-dt.~~~~~iii~iii;
(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 of Town 3rd Cornby Planning,
Haryanq and includes any person for the time being appointed
L-1 *' J tl:p S~fc G~?~em-metlt, by !~rb~ifii-.ation, in cxcrcisc ad
perform all or any of the powers and functions of the Dircctor
mder this Act and the rules and regulations made thereunder;
Q} "enginee~ir~gopemtio~s" include the formation or Iaying out of
means of access to a road or the laying out ofmans offwater-
supply, drainage '[savenge, mtment anddisposal cf sewage,
suI:zgc md 3;~m ~\~a:c:: ~r of cleck'city c&!es cir iine or nf
rehiphone lins ;
;/k) "erect or re-erect any building" includes-
(13 any rralcrial alteration dr enlargement of my building;
(ii) the co~~vmionbystrucrural altmtion into aplu for hum
habiiaticn of any buildkg cot ori_rina!!y col?stn~ct'ed for
hum an habitation ; .. .
(iii) 5e conirersioil 'into,mnre than'nne place 'for human
habiktion of a building originally constructed as one such
place ;
1. Substituted by Haryna Amendment Ac126 of 2002.
UKBAN DEVELOPMENT AUTIIORITY [ 1977 : Haryana Act 13
(iv) the convcrsion of two or more places of h~u~nan habitation
into a water number of such piaces;
(v) such alterations ofa buiIdmg as affect ib drainage or mimy
&':--igcrnen n, iJr niiiieriaiij- az*:; it; sec;r'i)l;
(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 !c the owner of the v:all: or z doc: opening on
to such sheet nr iand;
4 4
h') Esjd;lte c&~~~~' :nezis a pcison apl;iik,iGd L-j dlc kidkoiiiv io
pe!fo.m tbc fkctions of an Esbtc Cficer under ikis Act in one
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 attachea to the
-;
1 L -. . .-
{?I !pc2i ~-G~~~~$' :ze2:$ 1; i;;Ly ;G;Fd &-z~7;i$zc, ; jji;, iiLy; &-a
colmtliitw, a Town In~provemenr Tmg the iiaridabad Col~iples
.-l-;-:..~-.d --. 1 r~h T T
luai 6~~~~u ULLUIA iii~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 managemen1 ofa municipal or
iocal fund;
(0) "means nf access" i~~c!~dcc my -czfls 3f ZCC~~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 occupi~ ldld or
building sold, leased or- transferred in any manner whatsoever
under hs Act and iilcludes his successors and assijpees;
(I-) "operationai consmction" means any consmcti~n. whether
temporary or perman en4 which is necessary for the operation,
rnainte~~iulce, deveiclpment or execuri on of any of the folloiv~ng I
services, namely-
(3 railways;
(ii) nationaI highways;
I 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 AuTHoRIn
jiii) national watenvays;
(iv) major pons;
(pi) IJOS~S and 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~iion that rhe operation, mainrenancc,
dwelnnm~nts nr ~v~rnhnn nf such service is essen~iai to ?.--:-- ,
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 is hereby
declared that the construct:tjon of-
(? new residential Fuildinp,~ (other than gate lodses and
qua-tcts for Iimi ted wmtiiil op=tior,a! shEziid kc ii kc),
rrrarfs- and dmins in riilway colonies, hospitals, clubs.
icstitutiona and schools, in the cass of railways; and
(irj a new buildiog. atw siruciul-e or new 'installation or my
extension thcreof, in ihe case of any other scrviw,
slid; riot tua dacaed to k ezr;ns>c;z~cn k-~ithi~ &:: rne2nir.g sf
this clause;
T) "prescribed" mcm pescrihed by rules made trnder ths Act;
(E) "public p1ace''mears any place or building whch is oper! ro the
use and enjoyment of pub1 ic whetiaer ir is actually used or enj oyai
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, leased or transferred in any manner whatsoever
under this Act, and includes his successors and assignees;
URBAN DEVELOPMENT AUTIIORITY 1 1977 : Haryana Act 13
(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 wbaaisatica of that arca or ckzr 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~lich in the cplnior?
of the State Government is likely to be urbanised, and
includes any area declared as controlled arca undcr the
provisions of the Pmjab Schduied Roads and Conuolled
Areas Rhction of Unregulated Develupmenr Act, 1963,
or the Faridabaci Complex (Regulation and Deveiop~r~clv)
Act, 1971.
CHAPTER n
ESTABL,ISHMF,NT OFGUTHOMTY
t.:stablishment 3. (1) With effect from such date as the State Government may, by
~~~~~~~~i~u~~~)~~n~tificati~n.specifyinthis~hd~theSateGovernmentshalIestablis~fortht: ,
of Authoniy. purposes of this Acq an Authority to be known as ihe Haryana IJrban
Devzfopmerrt Au~harit~ with headquafteims at sucl: place m thc S~ie
Govc~ment my spcci fy.
(2) The Authority shall be a body corporate '[as we11 as a local authority]
by thename aforesaid, having pqetual 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& Gor~em~ent mq, lorn lime to til~~e, by l~o~iilcarion,
appoint :
Pro~idedthat the number ofnon-official mcrnbers shall no4 at any time.
excced three.
T2~115 z?nfEcc 4. f ! ) Thr: terms nf oficc and conditions aisenpicc ni'the. rnembea
and conditions shall he such, as may be prescribed.
h
orservice af
(2) The Chiefhdmiis~rtcr shall he eutitied receive ~III d~e fwd cf
rhe Authority such salary and such aIIowances, if sly, as maybe prescribed.
1. Inserted by H.A. 26 of 1964 and sliall be dccmed to have cumc into force with
. effectfromthe.2ndMay,1477.-- , - -,
.-: . ';. .: . - . . . . . ,... . /.,..8
, .
, - ,. - '
1977 : Havana kf 13) (mI\N DEWLOPMENT AUTHORITY
(3) Any member, other than the Chief Administrator, may be paid hrn
the find of the Authoriqsuch altowances, ifany, as may be prescribed.
(4> The me~bers shall 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 case to be a member.
5. Tbe State Government may remove, from office, any member- Powcr to remove
members.
(i) who, withbut excuse, sufficient in the opinion of the State
tiovemmt~t, is abserlt fvr rnw 8m four consecutive meerings
of the authority;
(iij who has, in ri.le opinion u f ilue S Pate Gh~~i~iiii~iif, SG zbid +is
position as a member as t~ :zi:der his contixance on the
Authority detrimental to the interest oi'h ~utli0r-t~.
6. Upon mmcnce of my vacancy in the office of the Cbairmm, Kce- ~iiiing of
Chairman, ChiefAdminisb-ator or member, a new Chairman, Mcc-Chairman, ~a~a1'~it.s-
-, . ChiefAdministrator or members. as the case may be, sball be appointed.
7, (1) The Authority sba!l meet at such timcs and places and suhject Meetings.
3 L$e p;~tizi~z ~fg:.;S .~~c:ic~s <2) z:d <-I) obs=~c .I.& n-e\es nf prrscd~rr~.
in regad to the ?ransaction of its business st such meetings as may be provided
by regulations.
(2) At every meemg ofthe Authority, the Chairrnq if present, or in his
absence, the Vice-Chaimm, and if there be no Chairman or Vice-chairman,
piesent. then, auy one ofib members, whom he members prcscnt may elect,
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 voting and in the case of e@ty
of votes, the members presiding shall have a second or a~ting vote.
(4) Minutes shid be kept of the names of :he-mcmbers present and of
the prDceedings 31 each meeting in a bonk to he h~pt forthe purpose. which -
\ shall be signed at thc next ensuing meetingby the member presiding at sucn
neetmg and shaII be open to inspwtion by my 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 Iess than four. -.
56 WAN DEVELOPMENT AUTHORITY [ 1977 : Haryana Act 13
Tcrrlporary
association of
pcrscns.
VaiidatWn of
acls arrd
proceedings.
8. Subject to any rules made in rhis behalf, the Authority may, from
to titue, appoir~t one 01- more co~;mli flees for the p~~rpose of securing the
eficient discharge of the functions of thc Authority and in particular for the
pfii-pose en~!.j!~g the eziciejnr filzlfircnan,-- .If piiilir ~i~~~~a~~ 2nd '
development projects.
9. (1 ) The Authority or any committee appintedunder section 8 may
associate with itself in such nlanner and for such purpose, as may be pmcribcd,
zny pcmon whnse rtssistance or arivice i! may require in performing any diis
functiol~s undcr this Act.
(2 j AII~ pc~~~~ii ~ESXJL~~C~ wiih ii by ik A~ih~i-i* ~iid~r S~-SCL;~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.
iO. Xu act dunc or prwtxrlirlgs take11 under his Aci shall be questia~led
on the grouzd merely cf-
, . yq ~cc~~~si~~~5cu-~~~y~~~~~~~~~L~~~~~d~~~~~i~i~i~~~~~~~i~~i~~~!
+' -
of, the Authority;
(b) any pcmon? assnciated undcr sectinn 9, having voted in
contravention oftl~ewrovisions ofthishct in tIis behalf; r
(c) rhe failure to save a notice on any person where no substantial
injustice bas mlted from such fadq
(d) my omission, defect or irregularity not affecting the merits of
the cese. ,,
1 1. (I ) Subject to such conrrol and restrictions, as may be prescriber<
the Aud~ority may appoint su~h numnber of officers and other employees
including cxperts for technical and legal work, as may bk necessary for the
efficient performance of its functions and may determine their designations
and grades.
(23 The officers and others employees of the Authority shall be entitled
to receive, from the fund ofAuthority, such salaries and allowances, if any,
and sbI 1 be governed by such conditions of service as may be determined by
regulations n?ade in this behalf. t
(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 of the ~js~ua~il~catiolls
Xu~hon'ly,uranyemplopent under, byoron behalf~ftheAuthority~othenise "ld
rnlplny~rc
thz~ 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, tic Authority sMi have hc 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:rry1 to 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!
-.. 4 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 hd-
may, at thc request of the Authority proceed to acquire it wider the provisions
ef thc LmdAcquisitinr! Act, ! 894l as amended fmm time to time, and on
payrnen t by (he Auhu~ity oCtiii: c~i~~pei~sati~il awardcd.mdei that Act and ~f
~ii; ~'ulicr ~hzig~~ iilciircd ;i a~cj~rkg t!~z !xd, the !LY~ sh!? yes: i:: the
Xuthonv.
(2) For ihe purpcjs~ of the hnd Acquisition Act, 1 894, '[and any athcr
law for the time being in force] the Authority shall be deemed to be a local
authoriy.y.1
f 5. (1) Subjzct to my dicectioi~s given 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 it by the State
Government without undcrtaking or carrying out any -
I, deveiopment ihereon ; or
1. Substituted by Haryana Act 18 of 1984 and shail be deemed to have comc into
force with effect from the 2nd May, 1977.
2. Inserted by Haryana Act 26 uf 1984 aid shall bc decrned to have come into force
. .
witheffcct from the 2nd May, 1977,
3. Inscfled by Haryana Amendment Act 9 of 1988.
4. Substituted by Haryana Act 26 of 2002.
URBAN DEVELOPMENT AUTHORITY 1 1977 : Haryana Act 13
(6) any such land after undedchg or caqmg ou t such development
as it thinks fit,
to such persons, in such manner and sub-ieci to such tenns and conditions, x,
it considers expedient 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-ler by way "1 sale, exchailge or leas= or by ih~
creation ofany easementright or privilege or othenvise.
(3) Subject to the provisions hereinbefore contained the Authority may
seil, !ease, or othzrwise transfer whcrher by sti~tion alioment or orhcnvise.
rmy land ur building belclugin3 to it on such terms and canditi~ns as itmay; by
,.eg3 ;& oi-fi, piov-;de-
(4) 'fie consideration money for mytanst'er under sub-section ( 1 ) shall
be paid to the Authority in such mgnner as m3y be providcd by regulations.
(5) Notivithstanding anphing contsined in my other law, for thc the
I
I
being in for=, any Iand orbuilding or both, as the case may be, shall continue
ro belong ro the authoriw until 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:ld or huiidh~girr both :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~ch terms
and conditions, as the Authority may deem fit.
imposition af 15. (1 ) W herc any person m&zs dehult in the payment of-
p?~:!P,f :?.?
mode of re-
covery 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,
he Esta~t: Officer may direct hat In addition to the amount of arrears, a sum
not exceeding t!w! an~ot!a! shall be recovered Ir~m the person by way cf
penalty : t
Provided that no aich direction shalI be madeunless the person affected
thereby has been given a reasonable opportunity of being 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~yatta Act 131 URBAN DEVELOPMENT AUTHOR^^
(I), such moult may be recovered fiom him, in the same manner as mars
of land revenue.
17. (1) Where any transferee rnakcs default in the papent of any Rcsurnption
consideration money, or any instahent, on account of the sale of any land or and forfciturc
buildi~ls orb& undwswtior115, he %&te Of5ccr1~lzj; by ~oricc il ;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
mns feree, be not im~osed ~~pm him.
(2) After considering the cause, if any, shown by the transferee and
after giving him n reasonable opportunity of being heard in the matter, the
Esiats Officer may, for reasons to be recorded in writing, make an order
imposing the penalty and diict that the ~tmollnt of money due along with the
-a--l*~fik-ll La noid ky~k p-nsfz~ yithi~~ sech perid as may he s~ecified pC.L.I.I%y *LAY.. UU p-.U U
i~ the ~rder.
(3) If the msferee fails to pay the mom t due together wi th the penalty
irl accordance with he ~rder mdc under sub-secti on (I), or COPJ:~~;S 2 ISfezc!?
ofany uher condi'cion ofsdc, fi~eEsiate Oflic~i may, by n~ticc in wrk:,?& cz!!
? . upn the &anskiee to 550% causc xi:hin ;period of thirty d~ys, nth!, ar!
I order of resumprion ofthe iaud trt. huiiciing ur tuiii, iii iIi~ G~G inc;f bc, aiii!
forftihlre nfthe w!lole gr ~srlypslrt of& 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 the cause, if any, shown by the transferee in
pursuance oPa notice under sub-section (3) and any evidence that he may
PI.D&~KG k sup~~~t =f tb?: ZEC: =d zfcx gii.vLng hi= a rramn~lhle opporhlnity
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 of such sale.
(5) Any person agpevsd by an order of the Estate Officer under seclion
! 6 111r snder tthi s setinn may, within a period of thirtv days of the date of the
.-
communiation to him of'such order, prefer rn appi tu the Ch ieCA&lulisaator
in such fom and manner,as may beptescrihed:
P~ovided that the ~hief~dmini&ror may 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 filing the appeal in time.
URBAN DEVELOPMENT AUTHORITY [ 1977 : Haryana Act 13
(6) 'l'he ChiefAdminimtormay, after hearing the appeal, confirm, vary
or reverse the order appealed fium and may pass such order ~s he deems fit.
(7) The ChiefAdministrator may, cither on his own motion or on an
I
apylicaiiori received iri us behiif, a1 any iilrlr withhi ii p~nod 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 thinks fit:
Provirlrri that the ChiefAdminisiraior shall not pass an rlrrier under this
scction prejudicial to anypenon without giving him a rmonabls opportunity
ol'king had.
[(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 peti tion to the Secretary
to Government, Haryana, Town and Country Planning Department, in such
form and manner as may be prescribed :
+ - moviieti fw~c rile Smeq ro r'iovemmenr, Hz~E;; I ntq.'p. XI ti Co~irrj
Plming Uzp,artment, may entertain the revision petition after the expiry of
he sad periotloTmnety days, 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 Coun~ Planning
Department, may, after hearing the revision, confirm, vary or reverse the order
iippeaicci f urn ailti rruy ass such urcier as irc: riec~ns tii:
Providd that the secretary to Govenlment, Hillpa, Tow1 and Country
_Planning Deparhrnt, shallnot pass an order under this section without hcaring
the j?ar!ies.]
C'MTZRIV
POWER TO EVICT PERSONS FROM PREMISES OF
TECEAUTBOrn
Power to evict ' 18 (1) If the Collector or any officer authorized by him is
persous hm ~ati~fi&
premises/land of .
Authority or
bui !ding
(a) that any person authorized to occupy any premiseq of the
Authority has--
-
v
constructed (i) not paid rcnt IawfulIy due 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 ~Gana~ct 11 of 2004.
I977 : Harya~~a Act 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,
thc Collecror or my officer authorized by him may, fiowithstanding anything
~011tai11ed in any law, for the tim be.b~g in fclrce, by ~mtice servcd by pnst and
if a penon aviods senice, or is uoi avaiiable for service or~~utice, or rcfuses
tc are?! r;l~ire, t!~m by afirlng a copy nf if 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~uld not hc ordered to
restore to its original state or to bring it in confomitywith the provisions of
this AGL or thc txlcs +i;lcd t?crcil;ldcr, as the cas~ma_y k, and ij'sucii pewon
iai is tr! sl~ow cause i~ d~e satisfachon ofthe Collector or my ~%cer authorizd
by hm \i;ithil! a period ofseven days the CoIlector or my officer authcrizcd
1 '
, hy him shall paw an nrder requiring him to vacate such premises / land or
buiIdir~g comic!& thereon w dmolish mauthorizd cnmction mdmtnm
toits on@ stateor to bring it in confo~tywithttleprovi~ions ofthis Act 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, 3 sspecGi?Fed pricri, he 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 shal I, if not paid on demand, being made to him,
be recoverable from such person as arrears of iand revenue.
[3\ Even before %c ex~eof tbe 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 necessary to 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
Officer the rent in arrears or carrjcs out or othcrwisc complies with thc terms
conmvend by him 10 fie sati ttis&cticln nf the Collector or my officcr ar ithnri 7cd
by him, as the case may be, the Collector or any officer authorized by him
shall cancel his order made undb 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 19. Where any person is in unauthorised occupation of any premises of
recover the Authority, the Collector my in &epmaibed manner. ass= such damages
rlarnagcs as on account of the use and occupation of the premises as he may deem fit and . nnzars of iarla m2y hy fintire stlf~~d by pnst, w by affixing a c.c?py nf ir nn the mter dnnr or rcvcnue.
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:!:k SLG!: :i;;;e
not being less thirty days as may be specified in tile notice. Ifany person
refuses 21 fails to pay thc damages wik thc time specifid in the notice, thu
damages may be recovered from him as arrears of land revenue.
Appeal.
1
2U. ( ! ) Any person aggrieved by an order oithe CoileCtor uccr secr ion
! 8 or section 13 may, witbin a i;ciiod of thirty dzys from the date of the
service of notice under section 18 or section 19, as the case may be, prefer
an appeal to the Director, or such other authoriry, as the State Governmenr
may appohh this kMf
Provided that the appellate authority may entertain the appeal after the
expiryof the said period of thirty days, if it is satisfied that thc appellant was
prevent4 by sufifir.ienc c.ause 60rn Eing 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 appd under tbis swlion shd be disposed of by rile appellare
~uthuriq! = exp~'I;!i~~sly as p~ssible.
FINANCE, ACCOUNTS AND AUDIT
Fund of 21. (1) The authority shalI have and maintain its own fund to which
Authority. shall be credited-
1977 : Haryana Act 13 j URBAN IXVELOPMENT AUTHORITY
(a) all moneys received by the Authority from the State Govemmcnt
and the Central Govemme~lt by 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;
d 2111 morieys receiii~d by the Autho;;.ty forE the disposal of Ian&,
buildings and other properties, movable and immovable ; and
re) all mo;;eys rccived by the Authority by way clfrenis and prflfitq
'
or in any dther manner or fioin any other source.
cz) r;x;rmdii~it.e incurred in thc adminism~ion ofthis Act:
fb) cost of aciyisitio~ of lmd for purposes ofthis Act;
(c) expenditure for development of land; and
{dj ex~~~dinrre.forsuchr~~i~er~~urpli~cs;isii~cf~at~C;~~~r;t~~~zi~:
may rli~ect or pennit.
b
(3) The Authority shaii keep its funds in any Scheduled Bank.
I?) Tne Autborily n~ay inmi any poriiun ofis fwd in such securities or
in such othei manner asmay be prescribed.
(5) 'l%e income resdti t~g from invesments mtin in sub-swtioh(4)
3nd prxeeds of the ca!?. ef !he SB-e shdl be credircd to ihe h11J oC ilie
Autholity
22. ~eStateG~~e~entmay~~lak~s~~bgrants,~d~~ancesandloans POWCI ofSiatr
to the Authority, as the St'ate Govemmcnt may deem necessarj, for the Govcrunlcct to
performance of the functions under his Act and all grants, loans and advances grmts?
advances and so made shall be on such toms and mnditions, as the Sme Govcmment may
62k;IT;G?. Az:h:n-it,:t.
23,' (I) The Authority may, fi-orn time to time, borrow money by way of Power to
loans or debentures from such sources, other than the Stat= Government, and Authority Lu
on such terms and conditions, as may beprescribed. borruw or
advance
money.
URBAN DEVELOPMENT AUTKORITY 11977 : Haryana Act 13
(2) ,The Authority may advance money for residentiai, industrial or
commercial purposes on such terms and conditions as may be prescnhed.
p.iMiriY ~,f 24.- A11 p~yne!l?s due !he d?!!hpi?: TC ?C'COLL?! ~f ir?tcr~cf !c3nc,
?fi>mcnt tar 0th the repayment of loans shall be made in priurity to aH other &L'S Tram the
inrcrest and ~uthorilij.
repayment of
loans.
Sudget. 25. '1'11s Authority sliall p!*cya-e i 11 wcli fum, ad sii sticll ti1 t tr rvei-y
year, as may he prescribed, a budget, in rcspcct of the financial year next
cii~liiiig ~h~~iilg, iiic &irlalcd i~eipis and zxpenriiiurt: iiTil~skuiiiciriiy mcl
shill1 funvard io the State Guvenmieili such ilulllber of copies ii~crcof, as may
be prescribed.
Accounrs and 26. (1 ) The Authority ski!! n?2h,rlt.k pmpk .rr@w-ts md other re!c17m.t
audit. 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:t Ger~mdi uCihl: SiiiizGove~mmr:~i: miia~y expeniiiru~t int:uixci
by him in connection with such audit shall be payable by theAuthority to the I
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) The Accounts of the Authoriw as cedf~ed by the Accountant Geneml
or any otkr 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 every year, a report on its activities
during thzt year and submit the report ro thc State Government i~ s~c h fom,
and on or before such date, as may be prescribed.
I
Provident 28. The Authority shall constitute, for the benefit of its whole time paid
Fund. members and of its offce:~ and other employees in such manner and subject
to such conditions, as may be pracrikd, 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~een the 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~remment by the Authority.
30. (-1) 717c Authority shall carry out such directions as may be issued
to it, from he to time, by the State Government 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 beu call for the records ofany case disposed
of, or order passed by the Authority for the purpose of satisfying itself as to
the legality or 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
affecting any person without affording such person ar~ opportumty of being
heard.
(3) ' The State Government may depute any officer to inspect or examine
the office of the Authority, or its development works and to report thereon
and the officer so deputed may, for the purposes of such inspection or
examination, 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 ;
Power of
Authority lo
require local
authority to
assume
responsibility
for amenities in
certain cascs.
Control by Siate
Government.
(c) =pofi,
and theAuthorityshal1 furnish ;lie same.
1. lnserted by H.A. 26-of 1984 and shall be deemed to have come into force with
effect from thc 2nd May, 1977.
h6 URBAN DEVELOPMENT AUTHORIn [ 1977 : Haryana Act 13
Returns and
infomution.
Power of State
Government to
tra&fcr powers
9f Municipal
Committees,
Panchayats,
Panchayat
Samitis,
hprovcmcnt
Trust and
Faridabad
Complex
Administration
to Authority.
Power of eni'ry.
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
may, in the prescribed manner, suspend any of the powers of local authority
relating to the control on development aad use of lands and buildings under
the Haryana Municipal Act, 1973, the Punjab Gram Panchayat Act, 1952,
the Punjab Panchayat Samitis Act, 1 96 1, the Punjab Town Improvement
Act, 1922, or the Faridabad Complex (Development and Regulation) Act,
1 97 1, and transfer such powers to the Authority.
(2) Where such powers are transferred to the Authority, the Authority
shall be deemed to be the local authority concerned, the ChefAdminis~ator
shall be deeExcerpt shown. Open the full act in Lexace.