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The HARYANA MANAGEMENT OF CIVIC AMENITIES AND INFRASTRUCTURE DEFICIENT AREAS OUTSIDE MUNICIPAL AREA (SPECIAL PROVISIONS) ACT, 2021

Haryana · state statute
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HARYANA   GOVT.   GAZ.   (EXTRA.),   JAN.  17,   2022 (PAUS.  27,  1943   SAKA) 
 
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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) 
 
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 (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) 
 
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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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