The Haryana Industrial Estates (Development and Regulation) Act, 1974 (32 of 1974)

Joltrpana1:obernment
EXTRA ORDI NA RY
Publiahed by Authority
0 G o v t .Hi l i v t u t a
RAO. No. P/CM-11
wtte
- - - - - - -
CH ‘NDiGARH, MONDAY, SEPTEMBER 30, 1974
(ASVINA 8,1896 SAKA)
Part
LEGISLATIVE SUPPLEMENT
CONTENTS
Acts
J. The Haryana Industrial Estates (Development
and Regulation) Act, 1974 (Act No. 32 of
1974)
Part U Ordinances
Nil
Part ill Delegated Legislation
Nil
Part IV Correction slips, Republications and Replacements
Price : IS Parise
Nil
)
Pages
737-744

RARYANA OOVT GAZ. (EXTRA.), SEPTEMBER 30, 1974 737
(ASVINA 8, 18 96.SAKA)
PART I
LEGISLATIVE DEPARTMENT
Notification
The 30th September, 1974
No. 37-Leg./74.—The following Act of the Legislature of the State of
Haryana received the assent of the President of India on the 22nd
September, 1974, and is hereby published for general informationHaryana Act No. 32 of 1974
THE HARYANA INDUSTRIAL', ESTATES (DEVELOPMENT
AND REGULATION) ACT, 1974.
ACT
to enact the law in relation to the development and regulationof industrial
estates in Haryana.
BE it enacted by the Legislature of the State of Haryana in the Twenty-
fifth Year of the Republic of India as follows
1. (1) This Act may be called the Haryana. Industrial Estates (Develop- short tide and
ment and Regulation) Act, 1974, extent.
(2) It extends to the whole of the State of Haryana.
2. In this Act, unless the context otherwise requires,— Def ons.
(a) "amenity" includes roads, water -supply,street -lighting, drainage,
sewerage, public building and any other public utility service
provided in an industrial estate;
(b) "Chief Administrator" means an officer appointed as such by the
State Government by notification to perform the functions of the
Chief Administrator under this Act in telat ion to one or more
than one industrial estate ;
(e) "Estate Officer" means a person appointed by the State Govern-
ment by notification to perform the functions of an Estate Officer
under this Act in one or more than one industrial estate
(d) "factory building" means any construction or part of a construc-
tion which is or has been transferred by the State Government
and which is intended to be used for industrial purposes only,
whether in actual use or not, and the area of land appurtenant to
such building and also includes any building erected on any land
transferred by the State Government under section 3 ;
(e) "industrial estate" means any area comprising of land or factory
building declared to be an industrial estate under sub -section (1)
of section 3 ;
(f) "industrial plot" means any land which is or has been transferred
by the State Government;
(g) "occupier" means a person, including a firm or other body of
individuals, whether incorporated or not, who occupies an indus-
trial plot or a factory building transferred in any manner what-
soever and includes his successors and assignees ;
(hrprescribed" means prescribed by rules made under this Act;
(0 "transfer" includes a sale or lease of an industrial plot or factory
building;

P O W C Zof State
Government to
declare areas asindustrial estates
and in respect of
transfer of Indus-
OW plots or
factory buildings
in such estate.
Pr;wer to issue
idirections n
respect of erec-
tion of buildings.
138 HARYANA GOVT GAZ. (EXTRA.), SEPTEMBER30, .1914,
(ASS/INA 8, 1896 BAKA)
(j) "transferee" means a person,including a firm or other body of
individuals, whether incorporated or not, to whom an industrial
plot or a factory building is or has been transferted in any manner
whatsoever and includes his successors and assignees.
3. (1) The State Governmentmay, by notification, declare any area
owned by the State Government, ortransferredby it before the date of
coming into force of this Act, to be an industrial estate for the purposes of
this Act.
(2) Subject to the prOvisi.0115of sub -section(4), the State Government
may transfer, whether by auction, allotment or °the:vise, any industrial plot
or factory building owned by the State Government in an industrial estate on
such terms and conditionsas may be prescribed.
(3) The consideration money for any transfer under sub -section (2)
shall be paid to the State Government in such manner, insuch instalments
and at such rate of interest as may be prescribed.
(4) Notwithstandinganything contained in any other law for the lime
being in force. an industrial plotor a factory building shall continue to be
owned by the State Government until the entire consideration money together
with interest and other amount, if, any, due to the State Government on
account of the sale of such industrial plot or factory building under sub-
section(2), is paid.
(5) Until the conditions prescribed are fulfilled, the transferee shall not
transfer his rights in the industrial plot or factory building, except with the
previous permission of the State Government, which may be granted on such
terms and conditions as it may deem fit.
4. (1) For the purpose of proper planning or developmentof an
industrial estate, the State Government may issue such directions, as may be
considered necessary, either generally for the whole of theindustrial estate
or for any particular locality thereof, regarding any one or more of the
following matters, namely :—
(a) architectural features of the elevation or frontage of any factory
building;
(b) erection of detached or semi-detached factory buildings or both,
and the area of the land appurtenant to such factory buildings;
(c) prohibition regarding erection of buildings other than those
deemed necessary for the persons working in the factory
buildings;
(4) maintenance of height and positionof walls, fences, hedges or
any other structural or architectural construction ;
(e) restrictions regarding the use of industrial plots for purposes other
than erection of factory buildings.
(2) Every transferee shall comply with the directions issued under sub-
section(1) and shall erect any factory building or take such.other steps
as may be necessary to comply with such directions.

HARYANA GOVT GAZ. (EXTRA.), SEPTEMBER 30, 1974 739
(ASVINA 8, 1896 SAKA)
• • • •
5. (1) No person shall erect or occupy any factory building in an indus-
irial estate in contravention of any factorybuilding rules made under sub-
section (2 ).
(2 ) The State Government may, by notification, make rules to regulate
the erection of factory buildings and such rules may provide for all or any of
the following matters,namely :—
(a) the materials to be used for external and partition wails, roofs,
floors, staircases, lifts, fireplaces, chimneysand other parts of a
factory building and their position or location or the methodof
construction ;
(b) the height and slope of the roofs and floors of any factory
building;
(c) the ventilation in, or the space to be left about, any factory building
or part thereof to secure freecirculation of air or for the preven-
tion of fire;
(d) the numberand height of the storeys of any factorybuilding;
(e) the minimum dimensions of rooms, sheds or chimneys;
(f) the means to be provided for the ingress or egress to and
from any factorybuilding ;
(g) the ventilation of rooms and sheds, the position anddimensions
of rooms and sheds or projections beyond the outer faces of exter-
nal walls of a factory building and of doors or windows ;
(h) any other matter in furtheranceof the properregulation of erec-
tion, completion and occupation of factory buildings;
( 17) the certificates necessary and incidental to the submission of
factory building plans, amended plans and completion reports
(j) fees to be charged for submission of applications regarding erec-
tion, re -erection or occupation of factory buildings.
6. If it appears to the State Government that the condition or use of any
industrial plot or factory building is prejudicially affecting the proper planning
of or the amenities in any part of an industrial estate or the interests of the
general industrial concerns there, itmay serve on the transferee or occupier of
that industrial plot or factory building a notice requiring him to take such step
and within such period as may be specified in the notice and thereafter to
maintain it in such a manner as may be specifiedtherein.
7. For the purpose of providing, maintaining or continuing any amenity
in an industrial estate, the Slate Government may levy such fees ortaxes as
it may consider necessary (which shall be in addition to anyfee or tax for the
time being leviable underany other law) in respect of any industrial plot or
factory building on the transferee or occupier thereof.
8. (I) Where in the opinion of the State Government it is necessary that
the amenities provided in an industrial estate should be extended to any
industrial plot or factory building situated within suchdistance from thein-
dustrial estate as it may deem expedient, suchamenities shall be extended to
Bar to erection
of factory build-
ings in contra-
vention (sc..
tory building
rules.
Power to requite
proper itiin-
tenance of in-
dustrial plc. or
factory building.
Levy of fee or tax
for amenities.
Extensieli of ame-
nities in neigh-bourhood of in-
dustrial watt%

Imposition of
Penalty and mode
of recovery of
arrears.
Resumption and
forfeiture for
I breach of condi-
tions of transfer.
740 HARYANA Govr GAZ. (EXTRA.), SEPTEMBER 30, 1974
(ASVINA 8, 1896 SAKA)
such industrial plot or factory building and the owner of such industrial plot
cc factory building shall be liable to pay, in the manner prescribed, such
development charges therefor as may be fixed by the State Government having
regard to the expenses to be incurred for providing such amenities and the
benefits to be extended to the industrial plot of factory building :
Provided that the aforesaid charges shall be payable by the tenant of such
industrial plot or factory building—
(I) in case of lease granted after coming into force of this Act, the period
of lease is twenty years or more ; and
(ii) in case of lease already granted the unexpired period of such lease
is twenty years or more calculated from the date of coming into
force of this Act.
(2) For the purpose of maintaining or continuing any such amenity, the
State Government may charge such fees or taxes as are levied under section
7 front the persons in possession of such industrial plots or factory buildings.
Explanation.—The definitions of the wolds "industrial plot" and "factory
building" as given in this Act shall not apply for the purpose of this 'section.
9. (1) Where any person makes any default in the payment of—
(/) any rent due in res pect of any leas e of any indutrial plot or factory
building under section 3;
(ii) any fee or tax under section 7;
((ii) any charges, fee or tax under section 8, the Estate Officer may
direct that in addition to the amount of arrears, a sum -not exceed-
ing that amount shall be rec wered from the person by way of penalty:
Provided that no such direction shall be made unless 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 (1),
such amount may be recovered from him in the same manner as an arrear of
land revenue.
10. (?) Where ally transferee makes default in the payment of any
consideration money or any instalment on account of the sale of any industrial
plot or factory building under s ection 3, the Es tate Officer may, by notice in
Writing, 6(111 upon the transferee to "show cause, within a period of thirty days
why a penalty (which s hall not exceed ten per cent of the amount due from the
transferee) be not impos ed upon him.
• (2) After considering the cause, if any, shown by the transferee and after
giving him a reasonable opportunity of being heard in the matter, the Estate
Officer may, for reasons to be recorded in writing, make an order imposing the
penalty and direct that the amount of money due along with the penalty shall
be paid by the transferee within such period as may be specified in the order.
(3) IT the transferee fails to pay the amount due together with the penalty
in accordance with the order made under sub -section(2), or commits a breach of
any other conditions of such sale. the Estate Officer may, by notice in writing,
call upon the transferee to show cause, within a period of thirty days, why an

HARYANA GOVT GAZ. (EXTRA.), SEPTEMBER 30,1974 741
(ASVINA 8, 1a96 sAKA)
order of resumption of the industrial plot or factory building and forfeiture of
the whole or any part of the money, if any, paid in respect thereof (which in
no case shall exceed tenper cent of the total amount of the consideration
money, interestand other dues payable in respect of the sale of the
industrial plot or factory building) should not be made.
(4) After considering the cause, if any, shown by the transferee in pursuance
of a notice under sub -section (3) and after giving him a reasonableoppor-
tunity of being heard in the matter, the Estate Officer may, for reasons to be
recordedin writing, make an order resuming the industrial plot orfactory
building so s3ld ald directing the forfeiture as provided in sub -section (3)
of the whole or any part of the money paidin respect of such sale.
11. (1) Any person aggrieved by an order of theEstate Officer madeAPPeal and
under section9 or section 10 may, within a period of thirty days of the date ofrevision.
communicationto him of such order, prefer an appeal to the Chief
Administrator in such form and manner as may be prescribed:
Provided that the Chief Administrator may entertain the appeal after the
expiry of the said period of thirty days, if he is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.
(2) The Chief Administrator may, after hearing the appeal, confirm, vary
or reverse the order appealed from and may pass such other order as he deems
fit.
(3) The Chief Administrator may, either of his own motion or onan
a.aali cation received in this behalf, at any time call for the record of any pro-
ceeditta pending or in which the Estate Officer has passed an order for the
parpase of satisfying himself as to the legality or propriety of such order and
may pass such order in relation thereto as he thinks fit:
1
Provided that the Chief Administrator shall not pass an order underthis
section prejudicial to any person without giving him a reasonable opportunity
of being heard.
(4) Where a person is aggrieved by any order of the Chief Administrator
deciding a case under sub -section(2) or sub -section(3), he may, within a
period of thirty days of the date of communication to him of such decision,
make an application in wilting to the State Government for revision against
the said decision; and the State Government may confirm, vary or reverse the
decision of the Chief Administrator and may pass such other order as it deems
fit :
Provided thatthe State Government may entertain the application for
revision after the expiry of the said period of thirty days, if it is satisfiedthat
the applicant was preventedby sufficient cause from making the said
application in time.
12. Any person Who contravenes the provisions of sub -section(2) of
section 4 or section 6, shall, on conviction, be punishable with fine which may
extend to one thousand rupees and to a further finewhich may
extend to fifty rupees for each day during which the offence isproved to
have continued:after the first conviction.
13. Except as otherwise provided for in this Act,any contravention of
any of the rulesmade thereunder shall be punishable with fine which may
extend to one thousand rupees, and in the case of a continuingcontravention,
with an additionalfine wh i c hmay extend to fifty rupees for each dayduring
Penalty for contra-
vention of direc-
tions, etc.
Penalty for breach
of rules.

742 HARYANA GOVT GAZ. (EXTRA.), SEPTEMBER 30, 1974
• (ASVrNA 8, 1896 SAKA)
which such contravention continues after the first conviction; and the court
while passing any sentence on conviction of any person for thecontravention
of any rule, may direct that any property or part thereof, in respect of which
the rule has been contravened, shallbe forfeited to the Slate Government.
illustration.—Wherean unauthorised structure has been constructed or
any obnoxious material or substance is collected or heaped on an industrial
plot or factory building in an unauthorised manner, such structure, material
or substance shall be liable to forfeiture and not the industrial plot or factory
building on which the same may be located:
Providedthat if the erection or re-erection.of a factory building isbegun
or a factory building is erected or re -erected in contravention of any of the
factory building rules, the Slate Government shall be competent to require the
factory building to be altered or demolishedby a written notice delivered to
• the owner thereof within a period of six months ofthe erection or re -erection
of its having be7,un or having been compIrted, as the case may be, Such
notice shall also specify the period during which such alteration or
demolition has to be completed and if the notice is not complied with, the
State Government shall be competent to demolish the said building at the
expense of the owner :
Provided further that the State Government may, instead of requiring the
alteration or demolition of any such factory building, accept by way of com-
position, such sum as it may deem reasonable.
pbwer or entry on
industrial Plots or 14. The State Government may authorise any person after giving
factory buildings, twenty-four hours notice to the occupier or if there be no occupier to the
owner of any, industrial plot or factory building, at any time between sunrise
and sunset—
(a) to enter upon and to survey, and to take levels or measurements of
any industrial plot or factory building;
(1s) to enter into any factory 'buildingor on any industrial plot for the
purpose of examining works under construction or of ascertaining
the course of sewers or drains; or
(e) to enter into any factory building or on any land for the purpose
of ascertaining whether any factory building is being or
has been erected or re -erected without sanction or in contravention
of any sanction given under this Act. or the rules made there-
under and to take such measurements and do any other such acts
as may be deemed necessary for such purposes.
Procedure for pro - 15. No court shall take cognizance of any offence punishable under thisseeution. Act or any rule made thereunder except on the complaint of, or upon infor-
mation given by, any person authorised by the State Government in this
behalf.
Bar of jurisdiction. 16. No court shall have jurisdiction to entertain any suit in respect of
any proceedinp for the recovery of any arrears or penally under section 9 or
section 10 or in respect of the resumption of any industrial plot or factory
building under section 10, or forfiture of any money under section IP, or
in respect of any proceeding arising out of breach or non -observance of the
terms and conditions of the deed of transfer, or in respect of any ordi r made
• by the State Government or any other authority in the exercise of any power
. conferred by or under this Act. •

itARYANA GOVT GAZ. (EXTRA.), SEPTEMBER 30, 1974 • 74.1
(ASVINA 8, 1896 SAKA)
17. (1) No suit, prosecution or other legal proceeding shall lie against Protection of action
the Chief Administrator, Estate Officer, or any other.person acting under their taken in good faith
direction in respect of anything which is in good faith done or intended to be
done in pursuance of this Act or of any rules, directions or orders made there-
under.
(2) No suit or other legal proceeding shall lie against the State Govern-
ment, Chief Administrator, Estate Officer or any other person 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 any rules, directions or
orders made thereunder.
18. (1) The State Government may, by notification, direct that any Delegation.
power exercisable by it under this Act except the power to make rules under
sections 5 and 21 shall, in relation to such matters and subject to such
conditions, if any, as may be specified in the notification, be
exercisable also by such officer or authority . subordinate to the State
Government as may be specified in the notification.
(2) Save as otherwise provided in this Act, the Chief Administrator may,
with the approval of the State Government, by an order in writing, delegate
any of his powers and functions under this Act or the rules made thereunder
to such other officer subordinate to him as may be specified in such order.
19. (1) If any industrial estate or part threreof lies within the limits of
municipality, notified area, Gram Partchayat area or local area under the
Punjab Town Improvement Act, 1922, the State Government may, by noti-
fication, direct that any or all the powers under the Haryana Municipal Act,
**-1973, the Punjab Gram Panchayat Act, 1952, or the Punjab Town Improve-
ment Act, 1922, as are relevant to the purposes of this Act, shall, subject to
such conditions and restrictions as may be specified in the notification, not he
exercised in such industrial estate or part thereof.
(2) The provisions of the Haryana Municipal Act, 1973, the Punjab
Gram Panchayat Act, 1952, and the Punjab Town Improvement Act, 1922,
in so far as they are inconsistent with the provisions of this Act shall
not apply to an industrial estate or a part thereof.
Partialexclusion of
jurisdiction of
municipal com-
mittees, Pan-
chayats and
Town. Improve-
ment Trusts in
industrial estates.
20. (1 ) Nothing in this Act shall affect the operation of the Punjab Effect
Scheduled Roads and Controlled Areas Restriction of Unregulated laws.
Development Act, 1963.
(2) Save as aforesaid, the provisions of this Act and the rules made
thereunder shall have effect notwithstanding anything inconsistent
therewith contained in any other law.
(3) Notwithstanding anything contained in any such other law- -
(a) when permission required under this Act for doing any act or taking
any action in respect of any area has been obtained, such act or
action shall not be deemed to be unlawfully done or taken by
reason only of the fact that permission, approval or sanction re-
quired under such other law for doing such act or taking such
action has not been obtained;
( b) when permission required under this Act for doing such act or
taking such action has not been obtained, such act or action shall
of ether

744 HARYANA GOVTGA Z.(EXTRA.), SEPTEMBER 30, 1974
(As v r N A8, 1896 SAKA)
mg m l I M M • r m s . . . . 0 0 . 11
not be deemed to be lawfully done or taken by reason only of the
fact that permission, approval or sanction required under such
other law for the doing of such act or the taking of suchaction
has been obtained.
Po w e rto m ak e 21. (1) The State Government may, by notification, make rules for
r ules. carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
. namely:—
(a) the termsandconditions on which any industrial plot orfactory
building may be transferred by the State Government
under this Act ;
(b) the manner in which consideration money
may be paid ;
(c) the rate ofinterestpayable, and the procedure for payment of in-
stalments, interest, fees, rents or other dues payable under this
. Act;
(d) the terms andconditions under whichthe transfer of any right,
title or interest in any industrialplot or factory building may
be permitted;
(e) erection of any factory building or the use of any industrial plot ;
(f) levy of fees or taxes under section 7 or section 8 and payment of
development charges under section 8 •
(g) the terms and conditions for the breach of which any industrial plot
or factory building may be resumed;
(h) the conditions with regard to the factory buildings to be erected on
industrial plots transferred under this Act ;
(i) the form of notice and the manner in which notices may be served;
(0 the form and 'manner in which appeals and applications under this
Act may be filed and the fees leviable on such appealsand
applications ;
(k) the matters referred to in sub -section(2) of section 5;
(1) any other matter which has to be or may be prescribed.
(3) Every rule madeunder this section shall be laid as soon as may be
after it is made before the House of the State Legislature while it is in
session for a total period often days which may be comprised in onesessionor
in two or more successive sessions, and if before the expiry of the
session in which it is laid or the session immediately following, the
House agrees in making any modification in the rule or the House
agrees that the rule should not be made, the rule shall thereafter have
effect only In such modified form or be of no effect, as the case may
be; so however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done
under that rule.
for any transfer
SAREP CHAND GOYAL,
Secretary to Government, Haryana,
Legislative Department.
16034 LR(H) —Govt. Press, Chd.

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