The Haryana Management of Civic Amenities and Infrastructure Deficient Areas Outside Municipal Area (Special Provisions) Act, 2021 (Haryana Act No. 5 of 2022)

English — official source version

haryana_management_of_civic_amenities_and_infrastructure_-_ulb[1].pdf.txt

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, 2021 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 Amenities and Infrastructure 
Deficient Areas Outside Municipal Area (Special Provisions) Act, 2021. 

Short title. 

 

2. In this Act, unless the context otherwise requires,- 
(a) “declared area” means an area declared to be civic amenities and infrastructure 

deficient area under section 3; 
(b) “development agency” means such agency as the Government may, by 

notification in the Official Gazette, notify; 
(c) “Director” means the Director, Town and Country Planning Department, 

Haryana; 
(d) “District Level Scrutiny Committee” means a committee constituted 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 owned by the 
Central or State Government including the land owned by Gram Panchayat or 
municipality;  

(i) “prescribed” means prescribed by the rules made under this Act; 
(j) “unauthorized building” means building that has been erected 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), 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 developed 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), the Haryana New Capital (Periphery) Control Act, 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-divided in contravention of 
the provisions of section 7 of the Haryana Development  and Regulation 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 Director as per the criteria specified 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 take all possible measures to finalize 
criteria, policy guidelines and feasible strategies to deal with 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 by the concerned Deputy Commissioner 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 commencement of this Act or before 
the declaration is made under section 3 of the Act to this effect, 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 the time being in force, the 
concerned development agency under which the declared area falls, may initiate action for 
providing essential services in such an area and further the plots or buildings or development area 
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. 

Entitlement for 
benefit. 

7. 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 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 to time or under the 
directions issued by the Government under section 8, shall issue directions as are necessary or 
expedient for carrying out the purposes of this Act. 

Power to relax. 10. If the Government is of the opinion that the operation of any of the provisions of this Act or 
any part of notification issued under the Act causes or has caused undue hardship or circumstances 
exists which render it expedient to do so, it may, subject to such 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 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 thereunder. 
 (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. 

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 Compensation and Transparency in Land 
Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 
2013), 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) which is an encroachment on public land;  
(c) where any industrial unit is located; 
(d) where any commercial building, mall, multiplex, hotel or banquet hall is located; 
(e) where such type of building, as may be prescribed is located. 

Exemptions. 

14. The Government may, by notification in the Official Gazette and 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.