LexThe Panchkula Metropolitan Development Authority Act, 2021 (23 of 2021)
Haryana · state statute
Open in Lexace · Ask the AI about this act(lxx) Haryana Government Gazette EXTRAORDINARY Published by Authority © Govt. of Haryana No. 149–2021/Ext.] CHANDIGARH, THURSDAY, SEPTEMBER 9, 2021 (BHADRA 18, 1943 SAKA ) LEGISLATIVE SUPPLEMENT CONTENTS PART - I ACTS PAGES THE PANCHKULA METROPOLITAN DEVELOPMENT AUTHORITY ACT, 2021 (HARYANA ACT NO. 23 OF 2021). 193–215 PART - II ORDINANCES NIL PART - III DELEGATED LEGISLATION NIL PART - IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS NIL HARYANA GOVT. GAZ. (EXTRA.), SEPT. 9, 2021 (BHDR. 18, 1943 SAKA) 193 PART I HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 9th September, 2021 No. Leg. 23/2021.— The following Act of the Legislature of the State of Haryana received the assent of the Gove rnor of Haryana on the 4th Se ptember, 2021 and is hereby published for general information:– HARYANA ACT NO. 23 OF 2021 THE PANCHKULA METROPOLITAN DEVELOPMENT AUTHORITY ACT, 2021 AN ACT to develop a vision for the continued, sust ained and balanced growth of the Panchkula 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 prov ision of urban amenities, mobility management, sustainable management of the urban environment and social, economic and industrial development, to redefine the urban governance and delivery structur e in coordination with local authorities in the context of the emergence of Panchkula 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 Stat e of Haryana in the Seventy-second Year of the Republic of India as follows:– 1. (1) This Act may be called the Panchkula Metropolitan Development Authority Act, 2021. (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 Panchkula Metropolitan Development Authority established under sub-section (1) of section 4; (b) “board” means a board establis hed by or under any State law; (c) “Chief Executive Officer” means Ch ief 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 pro cesses and technology 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; (ii) statistical data; (iii) information derived from, among other things, mapping, remote sensing and surveying technologies; Definitions. 194 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 9, 2021 (BHDR. 18, 1943 SAKA) (g) “Haryana Shehri Vikas Pradhikaran” means the Haryana Shehri Vikas Pradhikaran constituted unde r sub-section (1) of section 3 of the Haryana Shehri Vikas Pradhikaran 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, dr ainage, electricity transmission and distribution systems, solid waste management 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 infr astructure 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 plan” means the mobility management plan approved under sub-section (5) of section 21; (o) “notification” means a notification published in the Official Gazette of the State of Haryana; (p) “notified area” means the Panchk ula 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 Gove rnment of the State of Haryana; (v) “transferable development right” mean s 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; (w) “urban area” for the pu rposes of this Act incl udes rural areas in the periphery of the Municipal Corporation, Panchkula which, in the opinion 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 f acilities, public bu s 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; HARYANA GOVT. GAZ. (EXTRA.), SEPT. 9, 2021 (BHDR. 18, 1943 SAKA) 195 (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 Haryana Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 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 inconsistent with this Act shall have the meanings respectively assigned to them in that Act. 3. (1) The State Government may, by notifi cation, declare any area falling within the limits of controlled areas in Panchkula 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, Panchkula; (b) any Panchayat in Panchkula district in so far as the abadi deh of such Panchayat 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 Panchkula 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 Panchkula 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 acquire, hold and dispose off 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; (f) Members of the State Legislature representing assembly constituencies falling within the notified area, ex-officio members; (g) Mayor of the Municipal Corporation, Panchkula, ex-officio member; (h) Senior Deputy Mayor of the Municipal Corporation, Panchkula, ex-officio member; (i) Chairman of the Zila Parishad, Panchkula, ex-officio member; (j) Additional Chief Secretary or Principal S ecretary, 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 below the rank of Pr incipal 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 infrastructure, governance, public administration, finance, management, urban forestry, environment, engineering, town planning etc., members; Constitution of Authority. 196 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 9, 2021 (BHDR. 18, 1943 SAKA) (n) Director, Town and Country Planning Department, ex-officio member; (o) Divisional Commissioner, Panchkula, ex-officio member; (p) Commissioner of the Municipal Corporation, Panchkula, ex-officio member; (q) Commissioner of Police, Panchkula, ex-officio member; (r) Deputy Commissioner, Panchkula, ex-officio member; (s) Chief Executive Officer, ex-officio member. Allowances, cessation and resignation of members. 6. (1) The members, other than ex-officio me mbers, 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 memb er 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 Ch airperson, if present or in his absence, any one of the members, whom the members present may elect, shall preside. (3) All questions at a meeting shall be deci ded by a majority of votes of the members present and in case of equality of votes, the Ch airperson 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 executiv e committee shall include not less than three members of the Authority nominated under clause (m) of section 5. (2) The Authority shall not delegate to the executive committee the following powers, namely:– (a) to prepare and publish 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 39; (e) to make, amend or repeal any regulation under section 58. Appointment, terms and conditions etc. of Chief Executive Officer. 9. (1) The State Government shall, by notif ication, appoint an officer of the State Government, not below the rank of 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 allowances with such other facilities, as may from time to time be fixed by the State Government. (3) Whenever the Chief Execu tive Officer is on leave or is unable to discharge his duties, the State Government may appoint another officer in his pl ace to exercise the powers of the Chief Executive Officer until his return. Officers and other staff of Authority. 10. (1) The Authority may appoint such officers and other staff, in such manner and with such qualifications, as may be prescribed. HARYANA GOVT. GAZ. (EXTRA.), SEPT. 9, 2021 (BHDR. 18, 1943 SAKA) 197 (2) The salary, allowances 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. 11. (1) There shall be a Residents Advisory Council 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, Panchkula, ex-officio member; (b) Commissioner of Police, Panchkula, ex-officio member; (c) Deputy Commissioner, Panchkula, ex-officio member; (d) Chief Administrator of the Haryana Shehri Vikas Pradhikaran 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 ar ea, as the execu tive 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 among st 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. (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. Residents Advisory Council. 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 dele gation and the terms and conditions of such delegation shall be placed before the Authority. General superintendence, direction and management of affairs of Authority. 13. A member of the Authority or a member of the Residents Advisory Council, having any direct or indirect interest, whether pecuni ary or otherwise, in any matter coming up for consideration at a meeting of th e 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. Avoidance of conflict of interest. 198 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 9, 2021 (BHDR. 18, 1943 SAKA) 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 family member in the notified area or any matter concerning or rela ted 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 Haryana 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 Au thority 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 amenities 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 Central Government or State Government; (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 venture 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 renewal through planning, redevelopment and renovation of areas within the notified area; (h) prepare a disaster management plan an d 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 aforesaid purposes; (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; HARYANA GOVT. GAZ. (EXTRA.), SEPT. 9, 2021 (BHDR. 18, 1943 SAKA) 199 (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, re quire the Authority to undertake in furtherance of its objects. (2) The Authority may, in th e 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 rega rd 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; (f) enter into contracts or agreements w ith 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 immedi ately 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 may 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. 17. (1) The Chief Executive Officer shall, within a period of nine 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 Haryana Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963). Infrastructure development plan. 200 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 9, 2021 (BHDR. 18, 1943 SAKA) (2) The infrastructure development plan shall – (a) describe and detail the infrastr ucture 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 living of residents of the notified area or part thereof: Provided that nothing in this clause shall apply to any internal development work under the control 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 paramete rs for measuring the reasonable standard of living 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. (4) Any person, including a member of the Residents Advisory Council nominated under clause (g) of sub-section (2) of section 11, may within 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. (6) The infrastructure development plan may, from time to time, as may be required, be modified after following the process described in sub-sections (3) to (5), in so far as the modification is concerned. Annual infrastructure development plan. 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 infrastruc ture development and provision of urban amenities in the ensuing financial year. (2) The annual plan of action for infrastructure 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 works 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 financia l year, but not completed alongwith reasons thereof; HARYANA GOVT. GAZ. (EXTRA.), SEPT. 9, 2021 (BHDR. 18, 1943 SAKA) 201 (c) that have been completed or are likely to be completed in the current financial year. (4) The annual plan of action for infr astructure development shall include an assessment by the Chief Executiv e 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 st atement referred to in sub-section (3) to the Authority. (6) The Authority shall, before the comm encement of the ensuin g 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, al ongwith 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. 19. (1) Notwithstanding anything contained in any other State law for the time being in force, no board, company, agency or person sha ll, 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) sh all 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: 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 Offi cer immediately on the receipt of the proposal referred to in sub-section (2) but not later than three wo rking 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, w ithin a period of twenty-one days from the date on which the proposal was placed on the we bsite 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 considers 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 alongwith 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 pervasive effect and affects public interest, he shall proceed fo rthwith to submit his recommendations to the Chairperson of the Authority. Infrastructure development to be in accordance with infrastructure development plan. 202 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 9, 2021 (BHDR. 18, 1943 SAKA) (8) The Authority shall, after consideration of the recommendations of the Chief Executive Officer give such directions, subject to the provisions of this Act and rules made thereunder, as it may deem fit and the Chief Executive Officer sha ll 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 Minerals 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(C entral Act 36 of 2003) for electricity infrastructure. (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 real time info rmation 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, co nstruct a shared infrastructure for all public 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 interest 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 infras tructure 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 infrastruc ture 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: HARYANA GOVT. GAZ. (EXTRA.), SEPT. 9, 2021 (BHDR. 18, 1943 SAKA) 203 Provided further that where the shif ting or alteration 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 directs, 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 Exec utive Officer for an extension in time for the shifting or alteration of such infrastructure deve lopment work, the Chief Executive Officer shall, having regard to the public interest and the reas ons 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, Panchkula, Commissioner of the Municipal Corporation, Panchkula, Deputy Commissioner, Panchkula 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 transp ortation, mass transportation, integrated multi-modal transportation, bus shelters, parking and their improvement; (d) measures to regulate park ing, 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; (e) measures to regulate access to premises from any particular public street carrying high speed vehicular traffic; (f) such other measures, as in the op inion of the Chief Executive Officer, Commissioner of Police, Panchkula and Commissioner of Municipal Corporation, Panchkula, 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, Panchkula, Commissioner of Municipal Corporation, Panchkula or such other officer, as may be empowered under the law for the purpose, shall be responsible for enforcemen t 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, Panchkula under section 221 of the Haryana Municipal Corporation Act, 1994 (16 of 1994), shall be in accordance with the mobility management plan. Mobility management plan. 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 (Central Act 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. Special provisions regarding operation of a city bus service. 204 HARYANA GOVT. GAZ. (EXTRA.), SEPT. 9, 2021 (BHDR. 18, 1943 SAKA) Plan for sustainable environment management. 23. (1) The Chief Executive Officer shall, in consultation with the Chief Conservator of Forests, the Deputy Commissioner of Panchkula, the Commissioner of the Municipal Corporation, Panchkula 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 internatio nal standards for green spaces, as the Authority may determine; (ii) measures for 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 under sub-sec tion (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. (6) The plan for sustainable management of the urban environment may, from time to time as may be required, be modified after following the process described in sub-sections (3) to (5), in so far as the modification is concerned. (7) On the approval of the plan for sustainable environment management, the Municipal Corporation, Panchkula or the Haryana Shehri Vikas Pradhikaran, as the case may be, shall incorporate such of the measures, as it may relate to the erection of buildings, including but not
Excerpt shown. Open the full act in Lexace.