The HARYANA MANAGEMENT OF CIVIC AMENITIES AND INFRASTRUCTURE DEFICIENT AREAS OUTSIDE MUNICIPAL AREA (SPECIAL PROVISIONS) ACT, 2021
Haryana · state statute
Open in Lexace · Ask the AI about this actHARYANA GOVT. GAZ. (EXTRA.), JAN. 17, 2022 (PAUS. 27, 1943 SAKA) 15 PART - I HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT Notification The 17th January, 2022 No. Leg. 5/2022.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 31st December, 202 1 and is hereby published for general information:- HARYANA ACT NO. 5 OF 2022 THE HARYANA MANAGEMENT OF CIVIC AMENITIES AND INFRASTRUCTURE DEFICIENT AREAS OUTSIDE MUNICIPAL AREA (SPECIAL PROVISIONS) ACT, 2021 AN ACT to make special provisions for providing essential services in civic amenities and infrastructure deficient areas outside municipal area 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 Seventy-second Year of the Republic of India as follows:- 1. This Act may be called the Haryana Management of Civic Ameniti es and Infrastructure Deficient Areas Outside Municipal Area (Special Provisions) Act, 2021. Short title. 2. In this Act, unless the cont ext otherwise requires,- (a) “declared area” means an area declared to be civic amenitie s and infrastructure deficient area under section 3; (b) “development agency” means su ch agency as the Government ma y, by notification in the Official Gazette, notify; (c) “Director” means the Director, Town and Country Planning De partment, Haryana; (d) “District Level Scrutiny Committee” means a committee const ituted under section 4; (e) “essential services” includes water supply, sewerage, roads and street lights; (f) “Government” means the Government of the State of Haryana; (g) “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; (h) “public land” means land owned by the Central or the State Government, Boards or Corporations constituted under any Central or State law or o wned by the Central or State Government including the land owned by Gram Pa nchayat or municipality; (i) “prescribed” means prescribed by the rules made under this Act; (j) “unauthorized building” means building that has been erecte d in contravention of the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975), the Haryana Scheduled Roads and Controll ed Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963), the Haryana New Capital (Periphery) Control Act, 1952 (Punjab Act 1 of 1953) or any other law for the time being in force; (k) “unauthorized development” means an area that has been deve loped in contravention of the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975), the Haryana Scheduled Roads and Controlled Areas Restriction of U nregulated Development Act, 19 63 (Punjab Act 41 of 1963), the Haryana New Capital (Periphery) Control Ac t, 1952 (Punjab Act 1 of 1953) or any other law for the time being in force; Definitions. HARYANA GOVT. GAZ. (EXTRA.), JAN. 17, 2022 (PAUS. 27, 1943 SAKA) 16 (l) “unauthorized plot” means the area which has been sub-divid ed in contravention of the provisions of section 7 of the Haryana Development and Reg ulation of Urban Areas Act, 1975 (8 of 1975). Declared area. 3. (1) The Government may, by notification in the Official Gazette , declare any area outside the municipal area to be a civic amenities and infrastructure deficient area, after considering the recommendations made by the D irector as per the criteria sp ecified by the Government in this regard. (2) Notwithstanding anything contained in any other State law for the time being in force, any rules, regulations or bye-laws made thereunder, any judgment, decree or order of any court or any authority to the contrary, the Government shall ta ke all possible measures to finalize criteria, policy guidelines and feasible strategies to deal wit h the problem of civic amenities and infrastructure deficiencies in the declared area. District Level Scrutiny Committee. 4. The Government shall, by notification in the Official Gazette, constitute a District Level Scrutiny Committee to be headed b y the concerned Deputy Commiss ioner consisting of such number of members, as the Government may deem fit, which shall submit the proposal for the purposes of section 3 to the concerned Divisional Commissioner. The Divisional Commissioner shall forward his recommendations to the Director. Proceedings to be kept in abeyance. 5. All notices and restoration orders passed prior to the commence ment of this Act or before the declaration is made under section 3 of the Act to this effe ct, as the case may be, by the Director or any officer authorized in this behalf 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 building or have made unauthorized development in contravention of the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975) , the Haryana 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 except in the cases forwarded to or pending before any court of law. Regularization. 6. Notwithstanding anything contained in any other State law for t he time being in force, the concerned development agency under which the declared area fall s, may initiate action for providing essential services in such an area and further the pl ots or buildings or development area located in the declared area sh all, subject to the payment of f ee and fulfillment of the terms and conditions within the specified time, as may be prescribed, be deemed to be regularized. Entitlement for benefit. 7. No person shall be entitled to claim any benefit or relief unle ss all the terms and conditions, as specified by the Government have been fulfilled and requisite fee, as may be prescribed has been deposited. Control by Government. 8. The Director shall carry out such directions, as may be issued to him from time to time, by the Government for efficient administration of this Act. Power to issue directions. 9. The Director with the approval of the Government may, from time t o t i m e o r u n d e r t h e directions issued by the Government under section 8, shall issu e directions as are necessary or expedient for carrying out the purposes of this Act. Power to relax. 10. If the Government is of the opini on that the operation of any o f the provisions of this Act or any part of notification issued under the Act causes or has cau sed undue hardship or circumstances exists which render it expedient to do so, it may, subject to s uch terms and conditions, as it may impose by an order, give relaxation to any class of persons or area or land from all or any of provisions of the Act. Protection of action taken in good faith. 11. (1) No suit, prosecution or oth er legal proceedings shall lie a gainst 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 thereunder. (2) No suit or other legal proceedings shall lie against the G overnment in respect of any damage caused or likely to be caused by anything which is in go od faith done or intended to be done in pursuance of this Act or the rules made thereunder. Bar of jurisdiction. 12. No civil court shall have the jurisdiction to entertain any suit relating to matters falling under this Act or the rules made thereunder. HARYANA GOVT. GAZ. (EXTRA.), JAN. 17, 2022 (PAUS. 27, 1943 SAKA) 17 13. Nothing in this Act shall apply to any area- (a) which is notified or covered under the Land Acquisition Act , 1894 (Central Act 1 of 1894), the Right to Fair Co mpensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), the Forest Conservation Act, 1980 (Central Act 69 of 198 0), the Environment (Protection) Act, 1986 (Central Act 29 of 1986), th e Works of Defence Act, 1903 (Central Act 7 of 1903), the Indian Electrici ty Act, 1910 (Central Act 9 of 1910) or any other Central Act; (b) which is an encroachment on public land; (c) where any industri al unit is located; (d) where any commercial buildin g, mall, multiplex, hotel or banquet hall is located; (e) where such type of building, a s may be prescribed is located. Exemptions. 14. The Government may, by notification in the Official Gazette an d subject to previous publication, make rules for carrying out the purposes of this Act. Power to make rules. BIMLESH TANWAR, ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA, LAW AND LEGISLATIVE DEPARTMENT. 9454—L.R.—H.G.P., Pkl.
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