NYAYA SIGNAL
Haryana · 2017 · Bare Act
The Gurugram Metropolitan Development Authority Act, 2017 (34 of 2017)
(lxxxiv)
Regd. No. CHD/0093/2015–2017
Haryana Government Gazette
EXTRAORDINARY
Published by Authority
© Govt. of Haryana
No. 212-2017/Ext. ] CHANDIGARH, TUESDAY, DECEMBER 5, 2017
(AGRAHAYANA 13, 1939 SAKA )
LEGISLATIVE SUPPLEMENT
CONTENTS PAGES
PART-I ACT
THE GURUGRAM METROPOLITAN DEVELOPMENT AUTHORITY ACT, 2017
(HARYANA ACT NO. 34 OF 2017).
463-485
PART-II ORDINANCES
NIL
PART-III DELEGATED LEGISLATION
NIL
PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS
NIL
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 463
PART I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 5th December, 2017
No. Leg. 37/2017.— The following Act of the Legislature of the State of Haryana received
the assent of the Governor of Haryana on the 8th November, 2017 and is hereby published for
general information :-
HARYANA ACT NO. 34 OF 2017
THE GURUGRAM METROPOLITAN DEVELOPMENT AUTHORITY
ACT, 2017
AN
ACT
to develop a vision for the continued, sustained and balanced growth of the
Gurugram Metropolitan Area through quality of life and reasonable standard
of living provided to residents through generation of employment opportunities,
to provide for integrated and coordinated planning, infrastructure development
and provision of urban amenities, mobility management, sustainable
management of the urban environment and social, economic and industrial
development, to redefine the urban governance and delivery structure in
coordination with local authorities in the context of the emergence of
Gurugram as a rapidly expanding urban agglomeration, to establish a
statutory Authority for the said purpose and for matters connected
therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in its Sixty-eighth Year of the
Republic of India as follows:-
1. (1) This Act may be called the Gurugram Metropolitan Development Authority
Act, 2017.
(2) It shall come into force on such date, as the State Government may, by notification,
appoint and different dates may be appointed for different provisions of this Act and any
reference in any such provision of this Act to the commencement of this Act shall be construed as
a reference to the coming into force of that provision.
Short title and
commencement.
2. (1) In this Act, unless the context otherwise requires,-
(a) ―Authority‖ means the Gurugram Metropolitan Development Authority
established under sub-section (1) of section 4;
(b) ―board‖ means a board established by or under any State law;
(c) ―Chief Executive Officer‖ means Chief Executive Officer of the Authority
appointed under sub-section (1) of section 9;
(d) ―company‖ means a company registered under the Companies Act, 2013
(Central Act 18 of 2013);
(e) ―Corporate Social Responsibility Policy‖ means a policy as approved by the
Board under the provisions of clause (a) of sub-section (4) of section 135 of
the Companies Act, 2013 (Central Act 18 of 2013);
(f) ―geospatial based system‖ means processes and technology used to acquire,
manipulate, plan and store datasets and information that identifies
geographic location, characteristics and other attributes of natural or
constructed features in the notified Area and includes –
(i) boundaries of natural or constructed features and jurisdictions;
Definitions.
464 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
(ii) statistical data;
(iii) information derived from, among other things, mapping, remote
sensing and surveying technologies;
(g) ―Haryana Urban Development Authority‖ means the Haryana Urban
Development Authority constituted under sub-section (1) of section 3 of the
Haryana Urban Development Authority Act, 1977 (13 of 1977);
(h) ―infrastructure development plan‖ means the infrastructure plan published
under sub-section (5) of section 17;
(i) ―infrastructure development work‖ means development of infrastructure
such as roads, water supply systems and water treatment, sewerage systems,
sewerage treatment and disposal, drainage, electricity transmission and
distribution systems, solid waste management facility, metro railway
systems, piped natural gas, communications or such other urban
infrastructure which connects two or more sectors, municipal colonies or
villages or which provides for the infrastructure needs of the notified area,
but does not include any internal development work;
(j) ―internal development work‖ means development of roads, provision of
water supply, sewerage, drainage, electricity, sanitation or such other urban
facilities or urban amenities within a sector, colony, municipal colony or
abadi deh areas of villages located in the notified area;
(k) ―limited liability partnership‖ means a limited liability partnership
incorporated under the Limited Liability Partnership Act, 2009 (Central Act
6 of 2009);
(l) ―local authority‖ means a Municipal Corporation, Municipal Council,
Municipal Committee, Gram Panchayat, Panchayat Samiti or Zila Parishad,
as the case may be in the notified area;
(m) ―mobility‖ means movement of person on foot or a wheeled conveyance of
any description;
(n) ―mobility management plan‖ means the mobility management plan for
managing mobility in the notified area under section 21;
(o) ―notification‖ means a notification published in the Official Gazette of the
State of Haryana;
(p) ―notified area‖ means the Gurugram Metropolitan Area notified under
sub-section (1) of section 3;
(q) ―prescribed‖ means prescribed by rules made under this Act;
(r) ―regulations‖ means regulations of the Authority under this Act;
(s) ―resident‖ means a citizen of India who ordinarily resides in the notified
area;
(t) ―Residents Advisory Council‖ means the Residents Advisory Council
constituted under section 11;
(u) ―State Government‖ means the Government of the State of Haryana;
(v) ―transferable development right‖ means a certificate granting the right to the
authorized holder of the certificate to construct up to a floor area mentioned
in the certificate which the authorized holder may transfer, on such general
terms and conditions and after such sanction in accordance with policy
notified by the State Government, to another person or company or other
agency upon which the right to construct shall transfer to such person or
company or other agency;
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 465
(w) ―urban area‖ for the purposes of this Act includes rural areas in the
periphery of the Municipal Corporation, Gurugram which, in the opinion of
the State Government, have the potential of being urbanised;
(x) ―urban amenities‖ means urban facilities such as parks, playgrounds, green
spaces, parking facilities, public wi-fi facilities, public bus transport, bus
shelters, taxi and rickshaw stands, libraries, affordable hospitals, cultural
centres, recreation centres, stadium, sports complex and any other urban
facility that the State Government may, on the recommendation of the
Authority, specify to be an urban amenity, but does not include
infrastructure development work;
(y) ―urban environment‖ includes water, air, green spaces, open spaces and
urban forestry in the notified area.
(2) Words and expressions used and not defined herein but defined in the
Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development
Act, 1963 (41 of 1963) or Haryana Development and Regulation of Urban Areas Act, 1975
(8 of 1975) or the Haryana Municipal Corporation Act, 1994 (16 of 1994) and not inconsistent
with this Act shall have the meanings respectively assigned to them in that Act.
3. (1) The State Government may, by notification, declare any area falling within the
limits of controlled areas in Gurugram district to be notified area having the potential for urban
expansion and the area under any or all of the following local authorities, namely:-
(a) Municipal Corporation, Gurugram;
(b) Municipal Council, Sohna;
(c) Municipal Committee, Pataudi;
(d) Municipal Committee, Farukhnagar;
(e) Municipal Committee, Hailey Mandi; and
(f) any Panchayat in Gurugram district in so far as the abadi deh of such Panchayat is
concerned.
(2) The State Government shall cause the contents of the declaration made under
sub-section (1) to be published in at least two daily newspapers printed in English and Hindi
languages.
(3) The declaration made under sub-section (1) shall be published on the website of the
Authority.
Declaration of
Gurugram
Metropolitan
Area.
4. (1) The State Government shall, by notification and with effect from such date, as may
be specified in the notification, establish, for the purposes of this Act, an Authority to be called
the Gurugram Metropolitan Development Authority.
(2) The Authority shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold
and dispose of property, both movable and immovable and to contract and shall, by the said
name, sue or be sued.
Establishment of
Authority.
5. The Authority shall consist of the following members, namely:-
(a) Chief Minister of Haryana, Chairperson;
(b) Minister Incharge Town and Country Planning, ex-officio member;
(c) Minister Incharge Urban Local Bodies, ex-officio member;
(d) Minister Incharge Transport, ex-officio member;
(e) Members of Parliament representing the parliamentary constituency falling within
the notified area, ex-officio members;
Constitution of
Authority.
466 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
(f) Members of the State Legislature representing assembly constituencies falling
within the notified area, ex-officio members;
(g) Mayor of the Municipal Corporation, Gurugram, ex-officio member;
(h) Senior Deputy Mayor of the Municipal Corporation, Gurugram, ex-officio
member;
(i) Chairman, Zila Parishad, Gurugram, ex-officio member;
(j) Additional Chief Secretary or Principal Secretary, as the case may be, Town and
Country Planning Department, ex-officio member;
(k) Additional Chief Secretary or Principal Secretary, as the case may be, Urban Local
Bodies Department, ex-officio member;
(l) such officers of the State Government, not below the rank of Principal Secretary,
not exceeding six, as the State Government may, from time to time, nominate, ex-
officio members;
(m) such experts, not exceeding six, as the State Government may, from time to time,
nominate from the field of urban infrastructure, governance, public administration,
finance, management, urban forestry, environment, engineering, town planning
etc., members;
(n) Divisional Commissioner, Gururgam, ex-officio member;
(o) Commissioner of the Municipal Corporation, Gurugram, ex-officio member;
(p) Commissioner of Police, Gurugram, ex-officio member;
(q) Deputy Commissioner, Gurugram, ex-officio member;
(r) Chief Executive Officer, member-secretary.
Allowances,
cessation and
resignation of
members.
6. (1) The members, other than ex-officio members, shall receive such allowances for
attending the meetings of the Authority, as may be prescribed.
(2) Where a person becomes or is nominated as a member of the Authority by virtue of
holding an office or a position, he shall cease to be a member of the Authority as soon as he cease
to hold such office or position, as the case may be.
(3) A member, other than an ex-officio member may, at any time, by writing under his
hand, addressed to the Chairperson, resign from his office.
Meetings of
Authority.
7. (1) The Authority shall meet at such time, at such place and subject to provisions of
sub-sections (2) and (3), observe such rules of procedure for conduct of meetings and transaction
of business, as may be prescribed.
(2) At every meeting of the Authority, the Chairperson, if present or in his absence,
any one of the members, as the Chairperson may nominate, shall preside.
(3) All questions at a meeting shall be decided by a majority of votes of the members
present and in case of equality of votes, the Chairperson or the member presiding, as the case
may be, shall have a second or casting vote.
(4) The Chief Executive Officer shall maintain records of the meetings of the
Authority in such manner, as may be prescribed.
Delegation of
powers of
Authority to
executive
committee.
8. (1) The Authority may delegate any of its powers, other than the powers in
sub-section (2), to an executive committee constituted from amongst its members, as the
Chairperson may decide and all decisions of the executive committee shall have the same effect
as if taken by the Authority under this Act:
Provided that the executive committee shall include not less than three members of
the Authority nominated under clause (m) of section 5;
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 467
(2) The Authority shall not delegate to the executive committee the following powers,
namely:-
(a) to approve the infrastructure development plan under sub-section (5) of
section 17;
(b) to approve the mobility management plan under sub-section (4) of
section 21;
(c) to approve the plan for sustainable management of the urban environment
under section 23;
(d) to approve the budget of the Authority under section 38;
(e) to make, amend or repeal any regulation under section 57.
9. (1) The State Government shall, by notification, appoint an officer of the State
Government, not below the rank of Principal Secretary, as Chief Executive Officer.
(2) The Chief Executive Officer shall be paid out of the Fund of the Authority, such
monthly salary and such monthly allowances with such other facilities, as may from time to time
be fixed by the State Government.
(3) Whenever the Chief Executive Officer is on leave or is unable to discharge his
duties, the State Government may appoint another officer in his place to exercise the powers of
the Chief Executive Officer until his return.
Appointment,
terms and
conditions etc. of
Chief Executive
Officer.
10. (1) The Authority may appoint such officers and other staff, in such manner and with
such qualifications, as may be prescribed.
(2) The salary, allowance payable to and the other terms and conditions of service of
officers and other staff of the Authority shall be such, as may be prescribed.
(3) The Chief Executive Officer may appoint, in such manner, for such temporary
period and on such terms and conditions, such other staff, as it may consider necessary for the
efficient performance of its functions, as may be specified by regulations.
Officers and other
staff of authority.
11. (1) There shall be a Residents Advisory Council to advise the Authority and provide
guidance on the exercise of its powers and performance of its functions.
(2) The Residents Advisory Council shall consist of the Chief Executive Officer, who
shall preside over the meetings of the council and the following members, namely:-
(a) Commissioner of the Municipal Corporation, Gurugram, ex-officio
member;
(b) Commissioner of Police, Gurugram, ex-officio member;
(c) Deputy Commissioner, Gurugram, ex-officio member;
(d) Chief Administrator of the Haryana Urban Development Authority or an
officer not below the rank of Administrator, to be nominated by the Chief
Administrator, ex-officio member;
(e) such officers of the Authority, not exceeding four, as the Chief Executive
Officer may, from time to time, nominate, ex-officio members;
(f) such officers, not exceeding three, of the State Government or any board or
company or any agency wholly owned by the State Government and having
their headquarters in the notified area, as the executive committee may,
from time to time, nominate, ex-officio members;
(g) such persons, not less than ten and not more than fifteen, being residents in
the notified area, to be nominated amongst resident welfare associations,
civil society, labour, industry, real estate developers, commerce and services
by the Authority or the Executive Committee, in such manner and for such
term, as may be prescribed, members.
Residents
advisory Council.
468 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
(3) The Residents Advisory Council shall monitor the implementation of the annual
plan of action for infrastructure development, mobility management plan and the plan for
sustainable management of the urban environment and make such recommendations, as it may
decide.
(4) The recommendations of the Residents Advisory Council, alongwith an
explanatory memorandum on the action taken or proposed to be taken thereon, shall be placed by
the Chief Executive Officer before the Authority.
(5) The procedure for conduct of meetings and transaction of business of the Residents
Advisory Council shall be such, as may be prescribed.
(6) The members of the Residents Advisory Council nominated under clause (g) of
sub-section (2), shall receive such allowances for attending the meetings of the Authority, as may
be prescribed.
General
superintendence,
direction and
management of
affairs of
Authority.
12. (1) Subject to the other provisions of this Act, rules and regulations made thereunder,
the general superintendence, direction and management of the affairs of the Authority shall vest
in the Chief Executive Officer.
(2) The Chief Executive Officer may by an order, delegate any of his powers to any
officer of the Authority on such terms and conditions, as may be determined:
Provided that each such order of delegation and the terms and conditions of such
delegation shall be placed before the Authority.
Avoidance of
conflict of
interest.
13. A member of the Authority or a member of the Residents Advisory Council, having any
direct or indirect interest, whether pecuniary or otherwise, in any matter coming up for
consideration at a meeting of the Authority or the Residents Advisory Council, as the case may
be, shall disclose the nature of his interest at such meeting and shall not take any part in any
deliberation or decision of the Authority or the Residents Advisory Council, as the case may be,
with respect to that matter.
Disclosure of
information.
14. The Chief Executive Officer and such officers of the Authority, as the Authority may
determine and members of the Residents Advisory Council shall, as soon as may be after
appointment and every year thereafter, make a declaration, in such form and manner, as may be
specified by regulations, on the extent of his interest, whether direct or indirect and whether
pecuniary or otherwise, in any property, business or employment of any family member in the
notified area or any matter concerning or related to the affairs of the Authority and the
declaration so made shall be placed on the website of the Authority.
Powers of
Director to be
exercised by Chief
Executive Officer.
15. The Chief Executive Officer shall, within the limits of the notified area, exercise such
powers as are conferred upon the Director under the Punjab Scheduled Roads and Controlled
Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963).
Powers, functions
and duties of
Authority.
16. (1) The powers, functions and duties of the Authority may, inter alia, provide for all or
any of the following matters, namely:-
(a) prepare, sanction, implement plans, projects and schemes for infrastructure
development and provision of urban amenities, mobility management,
sustainable management of the urban environment and social, economic and
industrial development in the notified area;
(b) maintain or cause to be maintained, all infrastructure development work,
urban amenities and properties vested in or under the control and
management of the Authority;
(c) implement projects, schemes or measures for coordinated and integrated
infrastructure development and urban amenities, mobility management,
sustainable management of the urban environment and social, economic and
industrial development in the notified area, as may be entrusted, with the
concurrence of the Authority, to it by the Central Government or the State
Government or by any board, company or other agency of the Central
Government or State Government;
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 469
(d) coordinate, for the purposes of integrated infrastructure development,
provision of urban amenities, mobility management, sustainable
management of the urban environment and social, economic and industrial
development, with the Central Government or State Government, local
authority, boards, companies or other agencies;
(e) co-ordinate the regulation of the mobility management plan in the notified
area;
(f) operate or collaborate through the formation of joint venture companies or
limited liability partnerships in the establishment, development and
operation of public transportation, including mass transportation or
integrated multi-modal transportation, within the notified area;
(g) stimulate urban regeneration and renewal through planning, redevelopment
and renovation of areas within the notified area;
(h) prepare a disaster management plan and take such measures for prevention
of disasters and mitigation of its effects in the notified area, in so far as they
relate to infrastructure development;
(i) establish, operate and maintain the public safety answering point of the
emergency response system for the notified area;
(j) carry out surveys for the purposes as mentioned in foregoing clauses;
(k) advise or make recommendations to the State Government on any matter for
coordinated and integrated infrastructure development, provision of urban
amenities, mobility management, sustainable management of the urban
environment and social, economic and industrial development in the
notified area;
(l) assist local authorities through capacity building to enable them to exercise
their powers and perform their functions under the appropriate law by which
they have been established;
(m) undertake or cause to be undertaken, studies, research and analysis on urban
planning, urban regeneration and renewal, coordinated and integrated
infrastructure development and provision of urban amenities, mobility
management, sustainable management of the urban environment and social,
economic and industrial development or for any other purpose under this
Act;
(n) perform such other functions and discharge such other duties, as the State
Government may, by notification, require the Authority to undertake in
furtherance of its objects.
(2) The Authority may, in the exercise of its powers, performance of its functions or
discharge of its duties,-
(a) recommend to the State Government to acquire, in accordance with any law
for the time being in force, land for the purposes of the Authority;
(b) purchase, exchange, transfer, hold, lease, manage and dispose land in such
manner, as may be specified by regulations;
(c) acquire land for implementation of plans for infrastructure development and
sustainable management of the urban environment, in exchange for
transferable development rights issued in lieu of payment towards cost of
land in such manner and for such exchange value as the Authority may, in
accordance with the policy in this regard notified by the State Government,
determine;
(d) acquire, lease, hold, manage, maintain and dispose property, movable or
immovable, other than land;
(e) establish a modern geospatial based system for planning purposes and for
land, infrastructure, urban amenities and urban environment in the notified
area;
470 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
(f) enter into contracts or agreements with any person, board, company, local
authority or other agency;
(g) form with the prior approval of the State Government and on such terms and
conditions, as may be approved by the State Government, joint venture
companies and limited liability partnerships, with boards, companies or
other agencies;
(h) direct the appropriate local authority having jurisdiction or the District
Magistrate to remove any obstruction or encroachment on roads including
cycling tracks, open spaces, pedestrian footpaths or properties vesting in or
under the control and management of the Authority;
(i) require, the police to take, as immediately as may be practicable, action in
the aid of the Authority;
(j) to do all such other acts and things which may be necessary for or incidental
or conducive to, any matter which may arise on account of exercise of
powers and performance of functions and which are necessary for
furtherance of the objects for which the Authority is established.
Infrastructure
development plan.
17. (1) The Chief Executive Officer shall, within a period of four months from the
commencement of this Act and at such intervals thereafter, as may be prescribed, after such
consultations as may be specified by regulations, prepare an infrastructure development plan for
the notified area:
Provided that such infrastructure development plan shall be in conformity with the
final plans published under sub-section (7) of section 5 of the Punjab Scheduled Roads and
Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963).
(2) The infrastructure development plan shall –
(a) describe and detail the infrastructure development work and urban
amenities, including but not limited to roads, water supply, sewage disposal,
storm water drainage, electricity, solid waste management, public
transportation, parking and other urban amenities, required for the
maintenance of a reasonable standard of livability in the notified area or part
thereof:
Provided that nothing in this clause shall apply to any internal
development work under the control and management of the local authority
or internal development work undertaken or intended to be undertaken, by
any owner who has been granted a licence under sub-section (3) of section 3
of the Haryana Development and Regulation of Urban Areas Act, 1975
(8 of 1975):
Provided further that the parameters for measuring the reasonable
standard of livability of residents shall be such, as may be determined by the
Authority;
(b) specify the right of way requirements for infrastructure development work
under, over, along, across or upon any road or public street or any property
vested in or under the control or management of the Authority, including
but not limited to electricity, telecommunications, piped natural gas,
provided by entities under a licence issued by or under any State law:
Provided that the right of way requirements shall make provision for
prevention of frequent damage to road and related infrastructure standing
thereon.
(3) The Chief Executive Officer shall cause the infrastructure development plan to be
published on the website of the Authority for the purpose of inviting objections or suggestions
thereon.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 471
(4) Any person, including a member of the Residents Advisory Council nominated
under clause (g) of sub-section (2) of section11, may within a period of thirty days from the date
of publication of the plan under sub-section (3), send his objections or suggestions in writing, if
any, in respect of such plan to the Chief Executive Officer and he shall submit, within a period of
sixty days from the aforesaid date, the infrastructure development plan alongwith his
recommendations to the Authority.
(5) After considering the objections and suggestions, if any, and the recommendations
of the Chief Executive Officer thereon, the Authority shall, subject to such modifications as it
deems fit, prepare final infrastructure development plan and publish the same on the website of
the Authority.
18. (1) The Chief Executive Officer shall, based on the infrastructure development plan
published under sub-section (5) of section 17 and an assessment of the availability of resources,
prepare an annual plan of action for infrastructure development and provision of urban amenities
in the ensuing financial year.
(2) The annual plan of action for infrastructure development and provision of urban
amenities referred to in sub-section (1) shall contain schemes or projects for infrastructure
development work or urban amenities proposed in the ensuing financial year alongwith an
estimate of funds required for its implementation and source of funding.
(3) The annual plan of action for infrastructure development under sub-section (1)
shall include a statement of infrastructure development work and urban amenities –
(a) included in the annual plan of action of the current financial year that have
not started alongwith reasons thereof;
(b) that have been started, either in the current financial year or in the financial
years preceding the current financial year, but not completed alongwith
reasons thereof;
(c) that have been completed or are likely to be completed in the current
financial year.
(4) The annual plan of action for infrastructure development shall include an
assessment by the Chief Executive Officer, after obtaining information required for the purpose,
of infrastructure development and provision of urban amenities proposed or under
implementation by any person, board, company or other agency in the notified area.
(5) The Chief Executive Officer shall submit, at least one month before the end of the
financial year, the annual plan of action for infrastructure development and provision of urban
amenities referred to in sub-section (2) and the statement referred to in sub-section (3) to the
Authority.
(6) The Authority shall, before the commencement of the ensuing financial year and
after consideration of the annual plan of action for infrastructure development and provision of
urban amenities, approve the plan with such amendments or modifications, if any, as it deems fit:
Provided that any amendment or modification to such annual plan of action shall
be made only after an estimate of funds required for its implementation is assessed and the source
of funding is identified.
(7) The Chief Executive Officer shall cause the annual plan of action for infrastructure
development and provision of urban amenities, alongwith such amendments or modifications as
the Authority may direct, to be published on the website of the Authority, immediately as soon as
may be practicable, on approval of such annual plan.
Annual
infrastructure
development plan.
19. (1) Notwithstanding anything contained in any other State law for the time being in
force, no board, company, agency or person shall, except in accordance with the infrastructure
development plan, undertake any infrastructure development, within the notified area, of a nature
that has been entrusted to the Authority under this Act or rules or regulations made thereunder.
(2) Any board, company, agency or person desiring to undertake infrastructure
development referred to in sub-section (1) shall intimate, in writing to the Chief Executive
Officer, its proposal for infrastructure development, in such form and manner, as may be
specified by regulations, alongwith a certificate to the effect that the proposal is in accordance
with the infrastructure development plan:
Infrastructure
development to be
in accordance
with infrastructure
development plan.
472 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
Provided that the local authority or any owner who has been granted a licence
under sub-section (3) of section 3 of the Haryana Development and Regulation of Urban Areas
Act, 1975 (8 of 1975) shall not submit a proposal for internal development work to the Authority:
Provided further that the local authority shall inform the Authority about its intent
to undertake any infrastructure development work other than an internal development work and
such information shall be provided, except when it is of an emergent nature, at least thirty days
prior to the commencement of such infrastructure development work.
(3) The Chief Executive Officer immediately on the receipt of the proposal referred to
in sub-section (2) but not later than three working days, shall cause to place the proposal
alongwith all documents submitted, on the website of the Authority.
(4) Any resident of the notified area may, within a period of twenty-one days from the
date on which the proposal was placed on the website of the Authority under sub-section (3),
submit his objections or suggestions on the proposal to the Chief Executive Officer.
(5) The Chief Executive Officer shall, within a period of sixty days from the date on
which the proposal was placed on the website of the Authority under sub-section (3) and after
examination of the objections and suggestions and making such inquiry as he considers
necessary, either give his concurrence to the proposal or submit his recommendations alongwith
reasons thereof to the board, company, agency or person submitting the proposal under
sub-section (2).
(6) The concurrence or the recommendations alongwith reasons thereof referred to in
sub-section (5), shall be placed on the website of the Authority.
(7) If the Chief Executive Officer, while making his recommendations under
sub-section (5), comes to the conclusion that the proposal has a material and pervasive effect and
affects public interest, he shall proceed forthwith to submit his recommendations to the
Chairperson of the Authority.
(8) The Authority shall, after consideration of the recommendations of the Chief
Executive Officer give such directions, subject to the provisions of this Act and rules made
thereunder, as it may deem fit and the Chief Executive Officer shall be bound to act in
accordance with such directions.
Special provisions
regarding right of
way for
infrastructure
development
work.
20. (1) The Authority shall specify the right of way requirements for laying infrastructure
development work under, over, along, across or upon any road or public street or any property
vested in or under the control or management of the Authority:
Provided that such right of way requirements shall be consistent with the
provisions of–
(i) the Indian Telegraph Act, 1885 (Central Act 13 of 1885) or rules made
thereunder, in respect of telecommunication infrastructure;
(ii) the Electricity Act, 2003 (Central Act 36 of 2003) or rules made thereunder,
in respect of electricity infrastructure;
(iii) the Metro Railways (Construction of Work) Act, 1978 (Central Act 33 of
1978) or rules made thereunder, in respect of metro railway infrastructure;
(iv) the Petroleum and Minerals Pipelines (Acquisition of Right of User in
Land) Act, 1962 (Central Act 50 of 1962) or rules made thereunder, in
respect of petroleum and natural gas pipelines.
(2) The Authority shall, in respect of any property vested in it or under its control or
management, exercise the powers –
(i) of the local authority under the Indian Telegraph Act, 1885 (Central Act 13
of 1885) and the appropriate authority under the Indian Telegraph Right of
Way Rules, 2016, for underground telegraph infrastructure and over ground
telegraph infrastructure;
(ii) conferred under the rules made by the State Government under sections 67
and 68 of the Electricity Act, 2003(Central Act 36 of 2003) for electricity
infrastructure.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 473
(3) No person, board, company or other agency shall, except in accordance with the
right of way requirements undertake any infrastructure development work within the notified
area.
(4) Where the infrastructure development work is proposed to be provided under any
road or public street or any property vested in or under the control or management of the
Authority, the Chief Executive Officer may require the provider of such infrastructure
development work to ensure provision of positional intelligence through appropriate technology
to enable the Authority to obtain real time information on the location of such infrastructure
development work.
(5) The Authority may, either on its own or through collaboration with one or more
providers of any infrastructure development work, construct a shared infrastructure for all public
utilities that are likely to be laid under any road or public street and on construction of such
shared infrastructure require all providers of infrastructure development work laid or proposed to
be laid under any road or public street to use the shared infrastructure:
Provided that the nature of the shared infrastructure, the terms and conditions of its
construction and shared use shall be such, as may be approved by the Authority.
(6) If the Chief Executive Officer is of the opinion that public interest shall be served
by shifting of any infrastructure development work laid under, over, along, across or upon any
road or public street or any property vested in or under the control or management of the
Authority, he may direct the owner of such infrastructure development work to shift or alter the
infrastructure so provided within such time, as he may reasonably determine:
Provided that if no compensation was paid to the Authority or its predecessor in
interest at the time of laying of the infrastructure development work, the shifting or alteration of
such infrastructure shall be undertaken by the owner of such infrastructure at their cost, unless
specifically exempted by an order of the Authority:
Provided further that where the shifting or alteration of the infrastructure
development work is required for the implementation of another infrastructure development
work, then the shifting or alteration, including the cost of such shifting or alteration thereof, may,
if the Chief Executive Officer so directs, be undertaken by the owner of the other infrastructure
development work:
Provided further that if owner of the infrastructure development work makes a
request with reasons thereof, to the Chief Executive Officer for an extension in time for the
shifting or alteration of such infrastructure development work, the Chief Executive Officer shall,
having regard to the public interest and the reasons cited for the request for extension in time,
may grant or refuse the extension.
Explanation.— For the purposes of this clause, the word ―compensation‖ shall not include the
payment made or incurred on reinstatement or restoration of damage to land.
21. (1) The Chief Executive Officer shall, in consultation with the Commissioner of
Police, Gurugram, Commissioner of the Municipal Corporation, Gurugram, Deputy
Commissioner, Gurugram and after such other consultations, as the Chief Executive Officer
deems fit, prepare from time to time, a mobility management plan for managing mobility in the
notified area.
(2) The mobility management plan shall include –
(a) measures for infrastructure development, including improvement of road
junctions, construction of roads, bridges, pedestrian footpaths, subways and
such other construction or improvement, as the case may be;
(b) measures for infrastructure development aimed at enhancing safety of life
and prevention of accidents on public roads;
(c) measures in regard to public transportation, mass transportation, integrated
multi-modal transportation, bus shelters, parking and their improvement;
(d) measures to regulate parking, traffic, installation of traffic signals and the
transit of vehicles, including its speed, form, construction, weight, size or
laden with such heavy or unwieldy objects, as may be likely to cause injury;
Mobility
management plan.
474 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
(e) measures to regulate access to premises from any particular public street
carrying high speed vehicular traffic;
(f) such other measures, as in the opinion of the Chief Executive Officer,
Commissioner of Police, Gurugram and Commissioner of Municipal
Corporation, Gurugram, may be required for managing mobility in the
notified area.
(3) The mobility management plan shall be submitted to the Residents Advisory
Council and it shall make such recommendations, if any, as it may decide.
(4) The mobility management plan shall be submitted to the Authority alongwith the
recommendations of the Residents Advisory Council, if any and the Authority shall approve the
plan with such amendments or modifications, as it deems fit.
(5) The Chief Executive Officer shall cause the mobility management plan alongwith
such amendments or modifications, as the Authority may direct, to be published on the website of
the Authority on approval of the plan.
(6) The Commissioner of Police, Gurugram, Commissioner of Municipal Corporation,
Gurugram or such other officer, as may be empowered under the law for the purpose, shall be
responsible for enforcement of the measures in regard to clauses (d) and (e) of sub-section (2)
requiring the imposition of any penalty for violation of such law for the time being in force.
(7) The exercise of powers by the Commissioner of the Municipal Corporation,
Gurugram under section 221 of the Haryana Municipal Corporation Act, 1994 (16 of 1994), shall
be in accordance with the mobility management plan.
Special provisions
regarding
operation of city
bus service.
22. The State Government shall, in public interest and pursuant to a proposal regarding a
scheme published in accordance with the provisions of sub-section (1) of section 99 of the Motor
Vehicles Act, 1988 (59 of 1988) and published under sub-section (3) of section 100 of the said
Act for the purpose of providing an efficient, adequate, economical and properly coordinated
road transport service, permit the Authority to operate a city bus service within the notified area.
Plan for
sustainable
environment
management.
23. (1) The Chief Executive Officer shall, in consultation with the Chief Conservator of
Forests, the Deputy Commissioner of Gurugram, the Commissioner of the Municipal
Corporation, Gurugram and such other persons, as the Chief Executive Officer deems fit,
prepare, from time to time, a plan for sustainable management of the urban environment of the
notified area.
(2) The plan for sustainable management of the urban environment shall include –
(i) provision for urban forestry, tree plantation and horticulture so as to
endeavour to achieve such international standards for green spaces, as the
Authority may determine;
(ii) measures for solid waste management and water conservation, as may be
necessary and desirable.
(3) The Chief Executive Officer shall cause the plan for sustainable management of the
urban environment to be published on the website of the Authority for the purpose of inviting
objections or suggestions thereon.
(4) Any person, including a member of the Residents Advisory Council nominated
under clause (g) of sub-section (2) of section 11, within a period of twenty-one days from the
date of publication of the plan under sub-section (3) send to the Chief Executive Officer, his
objections and suggestions, if any, in respect of such plan and the Chief Executive Officer shall
submit, within a period of sixty days from the aforesaid date, the plan for sustainable
management of the urban environment alongwith his recommendations to the Authority.
(5) After considering the objections and suggestions, if any, and the recommendations
of the Chief Executive Officer thereon, the Authority shall, subject to such modifications, as it
deems fit, decide as to the final plan for sustainable management of the urban environment and
publish the same on the website of the Authority.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 475
(6) The plan for sustainable management of the urban environment may, from time
to time as may be required, be modified after following the process described in sub-section (3)
to (5), in so far as the modification is concerned.
(7) On the approval of the plan for sustainable environment management, the
Municipal Corporation, Gurugram or the Haryana Urban Development Authority, as the case
may be, shall incorporate such of the measures, as it may relate to the erection of buildings,
including but not limited to water conservation, recycling of waste water, rain water harvesting,
provision of roof-top solar energy, as the case may be, in the building bye-laws of the Municipal
Corporation or the Haryana Urban Development Authority, as the case may be, applicable in the
notified area.
24. Where any infrastructure development work has been provided or is under the control and
management of the Authority, the Chief Executive Officer may require the local authority, within
whose local limits such infrastructure development work is situated, to assume the responsibility
for the maintenance of such infrastructure development work, on such terms and conditions, as
may be agreed upon between the Authority and that local authority:
Provided that where such terms and conditions have not been agreed upon, the Chief
Executive Officer shall make, in consultation with the Commissioner or Executive Officer of the
local authority concerned, a statement on the difference in opinion on the specific terms and
conditions and submit such statement to the State Government for a decision and the decision of
the State Government shall be final and binding on the Authority and the local authority.
Power of
Authority to
require local
authority to
assume
responsibilities for
maintenance.
25. The Authority may, for the purposes of exercise of its powers or performance of its
functions, undertake the survey of any land or building within the notified area and for that
purpose it shall be lawful for any officer or employee of the Authority or any person engaged by
any local authority, company or other agency duly authorized in this regard-
(a) to enter in or upon any land and to take levels of such land;
(b) to dig or bore into the sub-soil;
(c) to set out levels and boundaries by placing marks and cutting trenches;
(d) to cut down or clear away any obstruction where otherwise the survey cannot be
completed, levels taken and boundaries marked;
(e) to demarcate intended alignment of any infrastructure development work, urban
amenity, urban forestry or any purpose for which the Authority is competent to
undertake under this Act;
(f) to examine work under construction relating to any infrastructure development
work, urban amenity, urban forestry or any purpose for which the Authority is
competent to undertake under this Act;
(g) to ascertain whether any land or property is being or has been developed in
accordance with the final development plan published under sub-section (7) of
section 5 of the Punjab Scheduled Roads and Controlled Areas Restriction of
Unregulated Development Act, 1963 (41 of 1963), or the terms and conditions
under which development has been permitted under the Punjab Scheduled Roads
and Controlled Areas Restriction of Unregulated Development Act, 1963, as the
case may be;
(h) to do all such acts necessary for the exercise of powers or performance of functions
by the Authority under this Act:
Provided that –
(i) no entry shall be made except between the hours of 0600 and 1800;
(ii) notice of the intention to enter is given at least one day prior to the date on
which the entry is proposed to be made.
Power of
Authority to
survey.
26. The Chief Executive Officer may direct the local authority having jurisdiction to remove
any unauthorised development in the notified area or obstructions and encroachments on roads
including cycling tracks, open spaces, pedestrian footpaths or properties vesting in or under the
control and management of the Authority in such form, as may be prescribed:
Provided that where the Chief Executive Officer is of the opinion that the local authority
having jurisdiction is or may be unable to remove such unauthorised development, obstruction or
encroachment, he shall direct the District Magistrate to remove such unauthorised development,
obstruction or encroachment in such form and manner, as may be prescribed.
Power of Chief
Executive Officer
to direct removal
of unauthorized
development,
obstructions or
encroachment.
476 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
Measures for
promotion of
social, economic
and industrial
development.
27. (1) The Authority shall take such measures, as may be necessary, for the promotion of
social, economic and industrial development in the notified area.
(2) For the purposes of sub-section (1), the Authority shall promote, collaborate in and
facilitate the establishment of affordable hospitals, sports facilities, cultural centres, research
institutions engaged or proposing to engage, in research into new knowledge areas, start up
companies in new knowledge areas, skill development centres and such other institutions, as may
be determined by the Authority.
Explanation.— For the purposes of this Act, the words ―new knowledge areas‖ shall mean such
knowledge areas, innovation or enterprise as the Authority may, from time to
time, determine and publish on the website of the Authority.
(3) The Authority shall enable the establishment of a public trust under the provisions
of the Indian Trust Act, 1882 (Central Act No.2 of 1882) to be managed by the residents of the
notified area with the support of the Authority to receive and utilise in the notified area, for the
activities mentioned under Schedule VII of the Companies Act, 2013 (Central Act 18 of 2013),
the sums required to be spent in pursuance of Corporate Social Responsibility Policy under the
provisions of section 135 of the said Act.
(4) The Authority shall facilitate the ease of doing business by such measures and
ensuring such coordination as may be necessary for the purpose, as the Authority may, from time
to time, decide:
Provided that the State Government may, on the recommendations of the Authority
and by notification, empower the Chief Executive Officer or any officer of the Authority, to
exercise such powers and on such terms and conditions, as may be mentioned in the notification,
as are exercised by any officer of the State Government or board under any State.
(5) The Authority shall establish, promote or facilitate the establishment of common
facilities for industries, services or business including logistics infrastructure.
(6) The mechanisms of promotion, collaboration and facilitation under sub-section (2)
shall be such, as may be specified by regulations.
Coordination
committees and
standing
committees.
28. (1) Subject to such terms and conditions, as may be specified by regulations, the
Authority may constitute as many coordination committees and as many standing committees, as
it thinks fit, with such terms of references as the Authority may determine for exercising any
power or discharging any function or for monitoring or reporting or advising upon any matter
which the Authority may refer to them.
(2) The coordination committee shall consist exclusively of officers of the Authority or
the State Government or any board or company owned or controlled by the State Government,
but the standing committee shall include residents of the notified area who are not employees of
the Authority or the State Government or any board or company owned or controlled by the State
Government. The number of such persons shall not exceed one-third of its total membership.
(3) The members of the standing committees constituted under sub-section (1), other
than the officers of the Authority or the State Government or any board or company owned or
controlled by the State Government, may be paid such fees and allowances for attending
meetings and any other work of the committee, as may be determined, from time to time, by the
Authority.
Avoidance of
conflict of
interest.
29. (1) A member of any coordination committee or standing committee, having any direct
or indirect interest, whether pecuniary or otherwise, in any matter coming up for consideration at
a meeting of such coordination committee or standing committee, as the case may be, shall
disclose the nature of his interest at such meeting and shall not take any part in any deliberation
or decision of such coordination committee or standing committee, as the case may be, with
respect to that matter.
(2) A member of any coordination committee or any standing committee, shall, as
soon as may be after appointment and every year thereafter, make a declaration, in such form and
manner, as may be specified by regulations, on the extent of his interest, whether direct or
indirect and whether pecuniary or otherwise, in any property, business or employment of any
family member in the notified area or any matter concerning or related to the affairs of the
Authority and the declaration so made shall be placed on the website of the Authority.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 477
30. The Chief Executive Officer may engage, on such fee and remuneration and for such
period, such experts having such experience, as may be specified by regulations.
Power to engage
experts.
31. The Authority shall ensure transparency and adoption of information technology while
exercising its powers and discharging its functions.
Authority to
ensure
transparency etc.
32. (1) The Authority shall have and maintain its own fund to which shall be credited -
(a) all moneys received or due to be received, prior to the commencement of
the Act by the State Government and unspent at the time of commencement
of this Act on account of proportionate development charges for external
development work in the notified area, payable by the owner granted a
licence under the Haryana Development and Regulation of Urban Areas
Act, 1975 (8 of 1975);
(b) such share of moneys collected by the Municipal Corporation, Gurugram
prior to the commencement of this Act and deposited with the State
Government, as the State Government may determine;
(c) all moneys received by the Authority from the Central Government or the
State Government or the Municipal Corporation, Gurugram by way of
grants, loans, advances or otherwise;
(d) all moneys borrowed by the Authority from sources other than State
Government, by way of loans or debentures;
(e) all fees, charges or levies received by the Authority under this Act;
(f) all moneys received by the Authority from the disposal of property,
moveable and immoveable; and
(g) all moneys received by the Authority by way of rents and profits or in any
other manner or from any other source.
(2) The fund shall be applied towards meeting expenditure–
(a) in infrastructure development, provision of urban amenities, mobility
management, sustainable management of the urban environment and social,
economic and industrial development in the notified area;
(b) in operation and maintenance of assets created for purposes of infrastructure
development, provision of urban amenities, mobility management,
sustainable management of the urban environment and social, economic and
industrial development in the notified area;
(c) salaries and allowances of the Chief Executive Officer, other officers and
employees of the authority;
(d) in the administration of the Act;
(e) for acquisition of land for purposes of this Act;
(f) in joint ventures and limited liability partnerships for infrastructure
development, provision of urban amenities, mobility management,
sustainable management of the urban environment and social, economic and
industrial development in the notified area;
(g) on redevelopment and urban renewal in the notified area;
(h) for such purposes in the exercise of powers or performance of functions
under this Act as the Authority may approve or the State Government may
direct or permit.
Funds of
Authority.
33. The State Government may make to the Authority grants, loans or advances of such sums
of money annually, as the State Government may deem necessary and all grants, loans or
advances so made shall be on such terms and conditions, as the State Government may
determine.
Annual grants,
loans and
advances to
Authority.
34. The Authority may, from time to time, borrow money by way of loans, bonds or
debentures or other instruments from sources other than the State Government, on such terms and
conditions, general or specific, as may be approved by the State Government.
Power of
Authority to
borrow.
478 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
Power of
Authority to
invest.
35. (1) The Authority may invest any portion of its funds in such investments, as may be
specified by regulations.
(2) The Authority may, with the prior approval of the State Government, invest in
establishment of joint venture companies and limited liability partnerships for infrastructure
development and provision of urban amenities, mobility management, sustainable management
of the urban environment and social, economic and industrial development in the notified area.
Priority of
payment for
interest and
repayment of
loans.
36. All payments by the Authority on account of interest on loans or the repayment of loans
shall be made on priority to all other dues of the Authority.
Application of
Funds.
37. All properties, funds and other assets vesting in the Authority shall be held and applied by
it for the purposes and subject to the provisions of this Act.
Budget. 38. (1) The Chief Executive Officer shall submit, in such form and at such time every
year, as may be prescribed, a budget in respect of the financial year next ensuing, showing the
estimated receipts and disbursements of the Authority.
(2) The Authority shall, subject to such modifications and revisions as it may decide,
approve the budget submitted under sub-section (1).
(3) The budget as modified or revised by the Authority, shall be forwarded to the State
Government alongwith such number of authenticated copies, as may be required by the State
Government and the State Government shall cause the report to be laid before the State
Legislature.
(4) The Chief Executive Officer shall cause the budget as modified or revised by the
Authority, to be placed on the website of the Authority after the report has been laid before the
State Legislature under sub-section (3).
Accounts and
audit.
39. (1) The Authority shall maintain proper accounts and other relevant records and
prepare an annual statement of accounts including the balance sheet in such form, as may be
prescribed.
(2) The accounts of the Authority shall be subject to audit annually by the Accountant
General of Haryana and any expenditure incurred in connection with such audit shall be payable
by the Authority to the Accountant General of Haryana.
(3) The Accountant General of Haryana and any person appointed by him in
connection with the audit of accounts of the Authority shall have the same rights, privileges and
authority in connection with such audit as the Accountant General of Haryana has in connection
with the audit of the Government accounts and in particular, shall have right to demand the
production of books, accounts, connected vouchers and other documents and papers and to
inspect the office of the Authority.
(4) The accounts of the Authority as certified by the Accountant General of Haryana or
any other person appointed by him in this behalf together with the audit report thereon and an
explanatory memorandum on the action so taken or proposed to be taken shall be forwarded
annually to the State Government and the State Government shall cause a copy of the same to be
laid before the State Legislature.
(5) The Chief Executive Officer shall cause the accounts of the Authority together with
the audit report and the explanatory memorandum to be placed on the website of the Authority
after the report has been laid before the Legislature under sub-section (4).
Annual report. 40. (1) The Chief Executive Officer shall prepare for every year a report of its activities
during that year and submit the report to the State Government in such form and on or before
such date, as may be prescribed and the State Government shall cause the report to be laid before
the State Legislature.
(2) The report referred to in sub-section (1) shall include an explanatory memorandum
on the status of implementation of the annual plan of action on infrastructure development,
mobility management and sustainable environmental management alongwith shortfalls, if any, in
implementation and reasons for such shortfall.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 479
(3) The Chief Executive Officer shall cause the report together with the explanatory
memorandum to be placed on the website of the Authority after the report has been laid before
the Legislature under sub-section (1).
41. (1) The Authority shall be eligible to receive the proportionate development charges
for external development work and paid or payable by an owner granted a licence in the notified
area of the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975):
Provided that such proportionate development charges shall be collected by the
Director under the said Act and transferred to the Authority.
(2) The Authority shall receive the conversion charge payable under sub-sections (1)
and (1A) of section 7 of the Punjab Scheduled Roads and Controlled Areas Restriction of
Unregulated Development Act, 1963 (Punjab Act 41 of 1963).
(3) The Authority shall have the power to levy a duty on the transfer of immovable
properties situated within the limits of the notified area in addition to the duty imposed under the
Indian Stamp Act, 1899 (Central Act 2 of 1899), as in force for the time being in the State of
Haryana, on every instrument of the description specified below and at such rate, as the State
Government may, by notification, direct, which shall not be more than two per centum on the
amount specified below against such instruments:-
(i) sale of immovable property - the amount or value of the consideration for
the sale as set forth in the instrument;
(ii) exchange of immovable property - the value of the property or the greater
value as set forth in the instrument;
(iii) gift of immovable property - the value of the property as set forth in the
instrument;
(iv) mortgage with possession of immovable property - the amount secured by
the mortgage as set forth in the instrument;
(v) lease in perpetuity of immovable property - the amount equal to one-sixth of
the whole amount or value of the rent which shall be paid or delivered in
respect of the first fifty years of the lease, as set forth in the instrument:
Provided that the said duty shall be collected, at the time of registration of
documents by the Registrar or Sub-Registrar under the Indian Registration Act, 1908 (Central
Act 16 of 1908) and paid to the Authority.
(4) The Authority may levy, with the prior approval of the State Government, a charge,
at such rates, as may be notified, on the sale and consumption of liquor in the notified area:
Provided that such charge shall be collected by the Excise Commissioner under the
Punjab Excise Act, 1914 (Punjab Act 1 of 1914) and transferred to the Authority.
Charges and
levies receivable
by Authority.
42. (1) The State Government may, on the recommendation of the Authority by
notification, levy a cess on property, lands and buildings in the notified area or any part thereof,
at such rate, as may be determined, from time to time:
Provided that the cess shall be levied only for the purpose of payment of interest
and repayment of loans, bonds or debentures borrowed, by the Authority from sources other than
the State Government, specifically for the purposes of implementation of the infrastructure
development plan or the plan for sustainable management of the urban environment and for no
other purpose:
Provided further that if any surplus on account of the cess remains after payment of
such sums as are permissible under the first proviso, then such surplus shall be returned or
adjusted, as the case may be , in such manner, as may be specified by regulations.
(2) The cess may be levied at different rates for different areas and for different classes
of properties.
(3) The cess shall be collected by the local authority within whose areas the properties
are situated as if the cess were a property tax levied by it under the law governing such local
authority and shall first be credited to the Consolidated Fund of the State.
Authority to
receive cess on
property.
480 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
(4) The State Government shall after the appropriation made by the State Legislature
by law in this behalf pay to the Authority, from time to time, the entire proceeds of the cess
credited to the Consolidated Fund of the State for being utilised by the Authority for the purposes
of this Act.
Power to levy user
charges.
43. (1) The Authority may, for the purposes of recovering wholly or in part, any
expenditure on any infrastructure development work or urban amenity provided or maintained by
it, directly or indirectly under its authorisation, levy and collect a charge from the users of such
infrastructure development work or urban amenity.
(2) The user charge for each infrastructure development work or urban amenity shall
be such, as may be determined, by the Authority:
Provided that the Authority shall be eligible to collect the user charge from such
date, not being less than a period of seven days from the date of its publication on the website of
the Authority.
(3) The Chief Executive Officer may authorise or assign any person, company, board
or any other agency, the collection of the user charge on such terms and conditions, as the Chief
Executive Officer may, with the prior approval of the Authority, determine.
Mode of recovery
of money due.
44. Any money due to the Authority on account of external development charges or other
charges or from lands, buildings or other properties, movable or immovable or by way of rents
and profits may be recovered as follows, namely:-
(i) as arrears of land revenue upon a certificate of the amount due sent by the Chief
Executive Officer or an officer duly authorised by him in this regard to the
Collector; or
(ii) direct the bank holding the bank account of the person, board, company or other
agency from whom the money is due to the Authority to freeze such account to the
extent of the money due:
Provided that the Authority shall initiate or continue any one of the two modes
specified in clause (i) or clause (ii) for recovery:
Provided further that where the money on account of external development charges
is due from the person, board, company or other agency granted a licence under clause (a) of sub-
section (3) of section 3 of the Haryana Development and Regulation of Urban Areas Act, 1975,
the Chief Executive Officer shall write to the Sub-Registrar having jurisdiction to refuse, in
exercise of the powers available under section 71 of the Registration Act, 1908 (Central Act 16 of
1908) to register any document for sale, exchange, gift, mortgage or lease of any immovable
property located in the colony for which such licence was granted:
Provided further that the Chief Executive Officer or such officer of the Authority,
as may be authorised by the Chief Executive Officer, shall, in case the mode of recovery under
clause (ii) is initiated, provide an opportunity of being heard to the person, board, company or
other agency from whom the money is due, not later than three days, from the date on which
direction is given to the bank:
Provided further that the defaulter shall be liable for action, including criminal
action, for such default under any other law for the time being in force.
Transfer of
property of
Haryana Urban
Development
Authority in
Authority.
45. (1) The State Government shall within a period of three months from the
commencement of this Act on the recommendations of the Chief Administrator of the Haryana
Urban Development Authority and the Chief Executive Officer, by notification, publish a transfer
scheme providing for the transfer of property, interest in property, rights and liabilities to the
Authority in the manner hereinafter provided.
(2) Where there is a difference of opinion between the Chief Administrator of the
Haryana Urban Development Authority and the Chief Executive Officer, the State Government
shall take such decision as it deems fit and such decision shall be final and binding upon the
Haryana Urban Development Authority and the Authority.
(3) Any property, interest in property, rights and liabilities vested in the Haryana
Urban Development Authority, in so far as it pertains to any of the powers exercisable or
functions dischargeable by the Authority under this Act, shall be re-vested by the State
Government in the Authority, in accordance with the transfer scheme so published, on such terms
and conditions, as may be approved by the State Government.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 481
(4) Notwithstanding anything contained in this section, where,-
(a) the transfer scheme involves the transfer of any property or rights from any
person or undertaking not wholly owned by the Haryana Urban
Development Authority, the scheme shall give effect to the transfer only for
fair value to be paid by the Authority to the Haryana Urban Development
Authority;
(b) a transaction of any description is effected in pursuance of a transfer
scheme, it shall be binding on all persons including third parties and even if
such persons or third parties have not consented to it.
(5) A transfer scheme under this section may-
(a) define the property, interest in property, rights and liabilities to be
transferred -
(i) by specifying or describing the property, interest in property, rights
and liabilities in question; or
(ii) by referring to all the property, interest in property, rights and
liabilities comprised in a described part of the transferor's
undertaking; or
(iii) partly in one way and partly in the other;
(b) provide that any rights or liabilities stipulated or described in the scheme
shall be enforceable by or against the transferor or the transferee;
(c) impose on the transferor an obligation to enter into such written agreements
with or execute such other instruments in favour of any other subsequent
transferee, as may be stipulated in the scheme;
(d) provide for the transfer of physical and digital records;
(e) mention the functions and duties of the transferee;
(f) make such supplemental, incidental and consequential provisions as the
transferor considers appropriate including provision stipulating the order as
taking effect; and
(g) provide that the transfer shall be provisional for a stipulated period.
(6) All debts and obligations incurred, all contracts entered into and all matters and
things engaged to be done by, with or for the Haryana Urban Development Authority, before a
transfer scheme becomes effective shall, to the extent specified in the relevant transfer scheme,
be deemed to have been incurred, entered into or done by the Authority, with the Authority and
all suits or other legal proceedings instituted by or against the Haryana Urban Development
Authority, may be continued or instituted by or against Authority.
(7) The Haryana Urban Development Authority shall cease to be charged with and
shall not perform the functions and duties with regard to transfers made on and after the effective
date.
46. (1) As soon as may be practicable and within a period of three months on the
commencement of this Act, the State Government shall, on the recommendations of the
Managing Director of the Haryana State Industrial and Infrastructure Development Corporation
Limited and the Chief Executive Officer of the Authority and by notification, publish a transfer
scheme providing for the transfer of property, interest in property, rights and liabilities to the
Authority in the manner hereinafter provided.
(2) Where there is a difference of opinion between the Managing Director of Haryana
State Industrial and Infrastructure Development Corporation Limited and the Chief Executive
Officer of the Authority, the State Government shall take such decision as it deems fit and such
decision shall be final and binding upon the Haryana State Industrial and Infrastructure
Development Corporation Limited and the Authority.
(3) Any property, interest in property, rights and liabilities vested in the Haryana State
Industrial and Infrastructure Development Corporation in so far as it pertains to any of the
powers exercisable or functions dischargeable by the Authority under this Act, shall be re-vested
by the State Government in the Authority in accordance with the transfer scheme so published,
on such terms and conditions, as may be approved by the State Government.
Transfer of
property of
Haryana State
Industrial and
Infrastructure
Development
Corporation in
Authority.
482 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
(4) Notwithstanding anything contained in this section, where,-
(a) the transfer scheme involves the transfer of any property or rights from any
person or undertaking not wholly owned by the Haryana State Industrial and
Infrastructure Development Corporation Limited, the scheme shall give
effect to the transfer only for fair value to be paid by the Authority to the
Haryana State Industrial and Infrastructure Development Corporation
Limited;
(b) a transaction of any description is effected in pursuance of a transfer
scheme, it shall be binding on all persons including third parties and even if
such persons or third parties have not consented to it.
(5) A transfer scheme under this section may-
(a) define the property, interest in property, rights and liabilities to be
transferred -
(i) by specifying or describing the property, interest in property, rights
and liabilities in question; or
(ii) by referring to all the property, interest in property, rights and
liabilities comprised in a described part of the transferor's
undertaking; or
(iii) partly in one way and partly in the other;
(b) provide that any rights or liabilities stipulated or described in the scheme
shall be enforceable by or against the transferor or the transferee;
(c) impose on the transferor an obligation to enter into such written agreements
with or execute such other instruments in favour of any other subsequent
transferee, as may be stipulated in the scheme;
(d) provide for the transfer of digital records;
(e) mention the functions and duties of the transferee;
(f) make such supplemental, incidental and consequential provisions as the
transferor considers appropriate including provision stipulating the order as
taking effect; and
(g) provide that the transfer shall be provisional for a stipulated period.
(6) All debts and obligations incurred, all contracts entered into and all matters and
things engaged to be done by, with or for the Haryana State Industrial and Infrastructure
Development Corporation, before a transfer scheme becomes effective shall, to the extent
specified in the relevant transfer scheme, be deemed to have been incurred, entered into or done
by the Authority, with the Authority and all suits or other legal proceedings instituted by or
against the Haryana State Industrial and Infrastructure Development Corporation, may be
continued or instituted by or against Authority.
(7) The Haryana State Industrial and Infrastructure Development Corporation shall
cease to be charged with and shall not perform the functions and duties with regard to transfers
made on and after the date of publication of the scheme.
Review of
performance of
Authority.
47. (1) The State Government shall, within three years from the commencement of this
Act and thereafter at the expiration of every third year, constitute a committee, in such manner
and consisting of such members, as may be prescribed to evaluate and review the performance of
the Authority in the said period.
(2) The committee shall include experts of national eminence and standing in the
field of urban governance, infrastructure development, environment, management, public
administration.
(3) The committee referred to in sub-section (1) shall evaluate and review the
performance of the Authority and make recommendations to the State Government as to –
(a) the extent of fulfilment of the goals and objectives of the Authority stated in
this Act, as demonstrated by the state of infrastructure, urban environment
and social, economic and industrial development of the notified area;
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 483
(b) the effectiveness of coordination mechanisms between the Authority, the
local authority, the Gurugram Police, the Haryana Urban Development
Authority and such other agencies of State Government involved in
infrastructure development, sustainable management of the urban
environment and social, economic and industrial development in the
notified area;
(c) future vision of the Authority along with corrective measures, if any;
(d) such other matters, as may be referred to the committee by the State
Government.
(4) The State Government shall cause to be laid before the State Legislature, the report
of the committee constituted under sub-section (1) along with an explanatory memorandum on
the action taken or proposed to be taken, thereon in respect of each recommendation of the
committee.
48. No act or proceedings of the Authority or any committee constituted by or under this Act
shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.
Proceedings not to
be invalidated by
vacancies.
49. The Authority shall, within such period, as may be specified, furnish to the State
Government, such returns or other information with respect to its activities, as the State
Government may, from time to time, require.
Returns and
information.
50. The Authority shall have power to call for any return, report, statistics or other
information pertaining to any infrastructure development work, urban amenity or any matter with
reference to the powers exercisable in the notified area by the Authority under this Act, from any
local authority or any other authority, board, company or other agency, owned or controlled by
the Central Government or the State Government, which is required by it in exercise of its
powers and the performance of its duties under this Act or any other State law and such local
authority or such other authority, board, company or other agency shall be bound to furnish such
information.
Power of
Authority to call
for report, return
or information
from local
authority etc.
51. (1) The Authority shall carry out such directions as may be issued to it from time to
time, by the State Government.
(2) If in or in connection with, the exercise of its powers and performance of its
functions by the Authority under this Act, any dispute arises between the Authority and any local
authority in the notified area, Haryana Urban Development Authority or any board, company or
other agency of the State Government, such dispute shall be referred to the State Government and
the decision of the State Government on any such dispute shall be final.
(3) The State Government may, at any time, either on its own motion or on application
made to it in this behalf, call for the records of any case disposed of or order passed by any
officer of the Authority for the purpose of satisfying itself as to the legality or propriety of any
order passed or direction issued and may pass such order or issue such direction in relation
thereto as it may think fit:
Provided that the State Government shall not pass an order prejudicial to any
person without affording such person a reasonable opportunity of being heard.
Power of State
Government in
certain matters.
52. Subject to the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction
of Unregulated Development Act, 1963 (Punjab Act 41 of 1963) and the Haryana Development
and Regulation of Urban Areas Act, 1975 (8 of 1975), the provisions of this Act shall have
overriding effect notwithstanding anything inconsistent therewith contained in any other State
law.
Act to have
overriding effect.
53. The provisions of this Act shall be in addition to and not in derogation of the provisions of
any other law for the time being in force.
Application of
other laws not
barred.
54. No suit, prosecution or other legal proceeding shall lie against any person for anything
which is in good faith done or intended to be done under this Act or any rule or regulation made
thereunder.
Protection of
action taken in
good faith.
484 HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA)
Members and
officers to be
public servants.
55. Every member and every officer and other staff of the Authority or a committee
constituted by or under this Act shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code (Central Act 45 of 1860).
Power to make
rules.
56. (1) The State Government may, by notification, make rules to carry 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 allowances that members, other than ex-officio members, shall receive
for attending the meetings of the Authority under sub-section (1) of
section 6;
(b) the time of meeting, the rules of procedure for conduct of business and
transaction of business of the Authority under sub-section (1) of section 7;
(c) the manner in which the Chief Executive Officer shall maintain records of
the meetings of the Authority under sub-section (4) of section 7;
(d) the manner and qualifications for appointment of officers and employees of
the Authority under sub-section (1) of section 10;
(e) the salaries and allowances payable to and other terms and conditions of
service of officers and other staff of the Authority under sub-section (2) of
section 10;
(f) the manner and term of appointment of persons, being residents of the
notified area, to be nominated to the Residents Advisory Council under
clause (g) of sub-section (2) of section 11;
(g) the procedure for conduct of meetings and transaction of business of the
Residents Advisory Council under sub-section (5) of section 11;
(h) the allowances that members, other than ex-officio members, shall receive
for attending the meetings of the Residents Advisory Council under sub-
section (6) of section 11;
(i) the intervals at which the Chief Executive Officer shall prepare an
infrastructure development plan for the notified area under sub-section (1)
of section 17;
(j) the form in which the appropriate local authority having jurisdiction may be
directed to remove any unauthorized development in the notified area or
obstructions or encroachments under section 26;
(k) the form and manner in which the Chief Executive Officer shall direct the
District Magistrate to remove any unauthorized development in the notified
area or obstructions or encroachments under the first proviso to section 27;
(l) the form and time every year that the Chief Executive Officer shall submit
the budget under sub-section (1) of section 38;
(m) the form in which the Authority shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts including the
balance sheet under sub-section (1) of section 39;
(n) the form and the date, on or before which, the Chief Executive Officer shall
prepare and submit to the State Government a report of its activities during
that year under sub-section (1) of section 40;
(o) the number of members, their expertise and the manner of constitution of
the committee under sub-section (1) of section 47;
(p) any other matter which has to be or may be prescribed.
Power to make
regulations.
57. (1) Subject to the provisions of this Act, the Authority shall, by publication on its
website, make regulations to carry out the purposes of this Act.
HARYANA GOVT. GAZ. (EXTRA.), DEC. 5, 2017 (AGHN 13, 1939 SAKA) 485
(2) In particular and without prejudice to the generality of the foregoing power, such
regulations may provide for all or any of the following, matters, namely:–
(a) the manner, the period and the terms and conditions of appointment of
temporary staff under sub-section (3) of section 10;
(b) the form and manner, in which the Chief Executive Officer, officers of the
Authority and members of the Residents Advisory Council shall make a
declaration, as soon as may be after their appointment and every year
thereafter, on the extent of their interest under section 14;
(c) the manner in which the Authority may purchase, exchange, transfer, hold,
lease, manage and dispose land under clause (b) of sub-section (2) of
section 16;
(d) the form and manner in which any board, company, agency or person its
proposal under sub-section (2) of section 19;
(e) the mechanisms of promotion, collaboration and facilitation under
sub-section (6) of section 27;
(f) the terms and conditions of constitution of coordination committees and
standing committees for exercising any power or discharging any function
or for monitoring or reporting or advising upon, any matter which the
Authority may refer to them under sub-section (1) of section 28;
(g) the form and manner in which a member shall make a declaration under
sub-section (2) of section 29;
(h) the fee, remuneration and the period of appointment of experts under
section 30;
(i) the investments in which the Authority may invest any portion of its funds
under sub-section (1) of section 35;
(j) the manner in which surplus on account of the cess shall be returned or
adjusted under sub-section (1) of section 42;
(k) any other matter which has to be or may be, specified by regulations.
(3) The Authority may, from time to time, amend or repeal any regulation and each
such regulation, its amendment or repeal, as the case may be, shall come into effect from the date
of its publication on the website of the Authority.
58. (1) If any difficulty arises in giving effect to the provisions of this Act, the State
Government may, by order published in the Official Gazette, make such provisions, not
inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for
removing the difficulty:
Provided that no order shall be made under this section after the expiry of two
years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be
laid before the State Legislature.
Power to
remove
difficulties.
59. The notification issued under sub-section (1) of section (3), every rule and regulation
made under this Act shall be laid, as soon as may be after it is issued or made, before the State
Legislature.
Laying of
notification,
rules, and
regulations
before State
Legislature.
60. (1) The Gurugram Metropolitan Development Authority Ordinance, 2017 (Haryana
Ordinance No. 2 of 2017), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said
Ordinance, shall be deemed to have been done or taken under this Act.
Repeal and
savings.
KULDIP JAIN,
Secretary to Government, Haryana,
Law and Legislative Department.
55844—L.R.—H.G.P., Chd.
55844 LR Kota
55844 LR_463-485