The Haryana Management of Civic Amenities and Infrastructure Deficient Municipal Areas (Special Provision) Act, 2016 (14 of 2016)

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THE  HARYANA   MANAGEMENT   OF   CIVIC   AMENITIES   AND
INFRASTRUCTURE   DEFICIENT   MUNICIPAL   AREAS   (SPECIAL
PROVISIONS)   ACT,  2016
(HARYANA  ACT  NO. 14 OF 2016)
TABLE OF CONTENTS
Sections :
1. Short title.
2. Definitions.
3. Declared area.
4. Enforcement to be kept in abeyance.
5. Regularisation of plots/buildings.
6. Entitlement for benefit.
7. Immunity.
8. Bar of jurisdiction.
9. Exemptions.
10. Powers to make rules.
11. Repeal and savings.
2016 : Hr. Act 14] THE HARYANA  MANAGEMENT  OF  CIVIC  AMENITIES
AND  INFRASTRUCTURE  DEFICIENT  MUNICIPAL
AREAS  (SPECIAL  PROVISIONS)  ACT, 2016
246
247
1THE HARYANA  MANAGEMENT  OF  CIVIC  AMENITIES  AND
INFRASTRUCTURE  DEFICIENT  MUNICIPAL  AREAS  (SPECIAL
PROVISIONS)  ACT, 2016
(Haryana Act No. 14 of 2016)
[Received the assent of the Governor of Haryana, on the 12th April, 2016
and was  first published for general information in the Haryana Government Gazette
(Extraordinary), Legislative Supplement Part I of the 21st April, 2016].
 Year  No. Short title Whether repealed or otherwise
affected by Legislation
  1  2 3  4
 2016  14 The Haryana Management Amended by Haryana Act 33 of
of  Civic Amenities and 2017 2
Infrastructure Deficient Amended by Haryana Act 15 of
Municipal Areas (Special 2018
3
Provisions) Act, 2016
AN
ACT
to make special provisions for providing essential services in civic amenities
and infrastructure deficient municipal areas in the State of Haryana and
 for matters connected therewith and incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Sixty-seventh
Year of the Republic of India as follows :-
1. This Act may be called the Haryana Management of Civic Amenities and
Infrastructure Deficient Municipal Areas (Special Provisions) Act, 2016.
2. In this Act, unless the context otherwise requires,-
(a) “competent authority” means an authority competent to take
legal action for violations, under the provisions of the Haryana
Municipal Act, 1973 (24 of 1973), the Haryana Municipal
Corporation Act, 1994 (16 of 1994), the Haryana Development
and Regulation of Urban Areas Act, 1975 (8 of 1975), the Punjab
Scheduled Roads and Controlled Areas Restriction of
Unregulated Development Act, 1963 (Punjab Act 41 of 1963), the
Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act 1
of 1953), or any other law for the time being in force;
(b) “declared area” means an area declared to be civic amenities and
infrastructure deficient area under section 3;
(c) “essential services” means water supply, sewerage, roads and
street lights;
Short title.
Definitions.
1 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),
dated the 29th March, 2016, page-4196.
2 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),
dated the 18th October, 2017, page-4198.
3 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),
dated the 26th February, 2018, page-912.
2016 : Hr. Act 14] THE HARYANA  MANAGEMENT  OF  CIVIC  AMENITIES
AND  INFRASTRUCTURE  DEFICIENT  MUNICIPAL  AREAS
(SPECIAL  PROVISIONS)  ACT, 2016
248
(d) “Government” means the Government of the State of Haryana
in the Administrative Department;
(e) “municipal area” means the municipal area as defined in the
Haryana Municipal Act, 1973 (24 of 1973) or the Haryana
Municipal Corporation Act, 1994 (16 of 1994), as the case may be;
(f) “municipality” means a municipality as defined in the  Haryana
Municipal Act, 1973 (24 of 1973) and the Haryana Municipal
Corporation Act, 1994 (16 of 1994);
(g) “unauthorized building” means a building that has been erected
in contravention of the provisions of the Haryana Municipal
Act, 1973 (24 of 1973), the Haryana Municipal Corporation Act,
1994 (16 of 1994), the Haryana Development and Regulation of
Urban Areas Act, 1975 (8 of 1975), the Punjab Scheduled Roads
and Controlled Areas Restriction of Unregulated Development
Act, 1963 (Punjab Act 41 of 1963), the Punjab New Capital
(Periphery) Control Act, 1952 (Punjab Act 1 of 1953) or any other
law for the time being in force.
3. The Government may, by notification in the Official Gazette, declare any area
of the municipal area to be civic amenities and infrastructure deficient area wherein-
(a) construction has taken place on more than fifty percent plots
prior to the 31st  March, 2015; and
(b) a resolution to this effect is passed by the concerned municipality
and recommended by the concerned Divisional Commissioner in
case of a Municipal Corporation and the Deputy Commissioner
in case of a municipality:
Provided that the resolution already passed by the
concerned municipality and recommended by the Divisional
Commissioner or the Deputy Commissioner, as the case may be,
fulfils the criteria, laid down by the Government.
4. (1) Notwithstanding anything contained in any other State law for the
time being in force in the State of Haryana, any judgment, decree or order of any
court or any authority to the contrary, any rules, regulations or bye-laws made
there under, the Government shall within a period of  
1[three years] from  the
commencement of this Act, take all possible measures to finalize norms, policy
guidelines and feasible strategies to deal with the problem of civic amenities and
infrastructure deficiencies, in the declared areas.
(2) All notices and restoration orders passed prior to the commencement
of this Act, by any competent authority in the declared area for initiating legal action
against persons who have sub-divided the land without authority or have erected
or re-erected unauthorized buildings in contravention of provisions of the Haryana
Municipal Act, 1973 (24 of 1973), the Haryana Municipal Corporation Act, 1994 (16
Declared area.
Enforcement to
be kept in
abeyance.
THE HARYANA  MANAGEMENT  OF  CIVIC  AMENITIES
AND  INFRASTRUCTURE  DEFICIENT  MUNICIPAL  AREAS
(SPECIAL  PROVISIONS)  ACT, 2016
[2016 : Hr. Act 14
1. Substituted by Haryana Act 33 of 2017 (with effect from 21st April, 2016) and further
substituted  by Haryana Act 15 of 2018 (w.e.f. 21-4-2016).
249
of 1994), the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of
1975), the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated
Development Act, 1963 (Punjab Act 41 of 1963), or any other law for the time
being in force, shall be deemed to have been suspended in the declared area and no
further punitive action shall be taken during the aforesaid period of 
1[three years],
except in the cases forwarded and pending before any court.
5. Notwithstanding anything contained in any other State law for the time
being in force, the concerned municipality under which the declared area falls,
may initiate action for providing essential services in such an area and further the
plots or buildings located in the declared area shall, subject to the payment of fee
and fulfillment of the terms and conditions within the specified time, as may be
prescribed, be deemed to be regularized.
6. No person shall be entitled to claim any benefit or relief-unless all the terms
and conditions as specified by the Government have been fulfilled and requisite
fee, as may be prescribed by the Government, has been deposited.
7. (1) No suit, prosecution or other legal proceedings shall lie against any
person in respect of anything which is in good faith done or intended to be done in
pursuance of this Act or the rules made there under.
(2) No suit or other legal proceedings shall lie against the Government in
respect of any damage caused or likely to be caused by anything which is in good
faith done or intended to be done in pursuance of this Act or the rules made
thereunder.
8. No civil court shall have the jurisdiction to entertain any suit relating to
matters falling under this Act or the rules made thereunder.
9. Nothing in this Act shall apply to any area-
(a) which is notified/covered under the Land Acquisition Act, 1894
(Central Act 1 of 1894), the Forest Conservation Act, 1980
(Central Act 69 of 1980), the Environment Protection Act, 1986
(Central Act 29 of 1986), the Works of Defence Act, 1903
(Central Act 7 of 1903), the Indian Electricity Act, 1910 (Central
Act 9 of 1910) or any other Central Act;
(b) owned by the Central or the State Government;
(c) owned by Boards and Corporations of the Central or the State
Government;
(d) owned by public sector undertakings constituted under any law;
(e) where any industrial unit is located;
(f) where any commercial building, mall, multiplex, hotel or
banquet hall is located;
(g) where any other type of building, as may be prescribed by the
Government, is located.
Regularisation of
plots/buildings.
Entitlement for
benefit.
Immunity
Bar of
jurisdiction.
Exemptions.
2016 : Hr. Act 14] THE HARYANA  MANAGEMENT  OF  CIVIC  AMENITIES
AND  INFRASTRUCTURE  DEFICIENT  MUNICIPAL  AREAS
(SPECIAL  PROVISIONS)  ACT, 2016
1. Substituted by Haryana Act 33 of 2017 (with effect from 21st April, 2016) and further
substituted  by Haryana Act 15 of 2018 (w.e.f. 21-4-2016).
250
10. The Government may, by notification in the Official Gazette and subject to
previous publication, make rules for carrying out the purposes of this Act.
11. (1) The Haryana Management of Civic Amenities and Infrastructure
Deficient Municipal Areas (Special Provisions) Act, 2013 (Haryana Act 13 of 2013),
is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under
the Act so repealed, shall be deemed to have been done or taken under the
corresponding provisions of this Act.
Repeal and
savings.
Power to make
rules.
THE HARYANA  MANAGEMENT  OF  CIVIC  AMENITIES
AND  INFRASTRUCTURE  DEFICIENT  MUNICIPAL  AREAS
(SPECIAL  PROVISIONS)  ACT, 2016
[2016 : Hr. Act 14

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