(xi)

Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 20-2019/Ext. ]

CHANDIGARH, THURSDAY, JANUARY 31, 2019

(MAGHA 11, 1940 SAKA )

LEGISLATIVE SUPPLEMENT

CONTENTS

PAGES

PART - I

ACTS

THE HARYANA DEVELOPMENT AND REGULATION OF URBAN AREAS

(SECOND AMENDMENT) ACT, 2018 (HARYANA ACT NO. 7 OF 2019).

23-24

THE PUNJAB NEW CAPITAL (PERIPHERY) CONTROL

(HARYANA AMENDMENT) ACT, 2018

(HARYANA ACT NO. 8 OF 2019)

25-26

PART - II

ORDINANCES

NIL

PART - III DELEGATED LEGISLATION

NIL

PART - IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS

NIL

HARYANA GOVT. GAZ. (EXTRA.), JAN. 31, 2019 (MAGH. 11, 1940 SAKA)

PART – I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notificaiton

The 31st January, 2019

No. Leg. 7/2019.— The following Act of the Legislature of the State of Haryana received

the assent of the Governor of Haryana on the 16th January, 2019 and is hereby published for

general information:–

HARYANA ACT NO. 7 OF 2019

THE HARYANA DEVELOPMENT AND REGULATION OF URBAN AREAS

(SECOND AMENDMENT) ACT, 2018

ACT

further to amend the Haryana Development and Regulation of Urban Areas Act, 1975 in its

application to the State of Haryana.

Be it enacted by the Legislature of the State of Haryana in the Sixty-ninth Year of the

Republic of India as follows:-

This Act may be called the Haryana Development and Regulation of Urban Areas

(Second Amendment) Act, 2018.

Short title.

In section 3 of the Haryana Development and Regulation of Urban Areas Act, 1975

(hereinafter called the principal Act),-

(i)

for sub-clause (iv) of clause (a) of sub-section (3), the following clause shall be

substituted and shall be deemed to have been substituted with effect from the

3rd April, 2018, namely:-

(iv)

to construct at his own cost, or get constructed by any other institution or

individual at its cost, schools, hospitals, community centres and other

community buildings on the lands set apart for this purpose, within a period

of five years from grant of licence or in the extended period as allowed by

the Director and failing which the land shall vest with the Government after

such specified period, free of cost, in which case the Government shall be

at liberty to transfer such land to any person or institution including a local

authority, for the said purposes, on such terms and conditions, as it may

deem fit:

Provided that in case the licensee, the purchaser or the person

claiming through him fails to construct and use the site for the purpose it

was meant for in the prescribed period and seeks extension, the Director

may, if satisfied after making such enquiry, as he may consider necessary,

extend the construction period for a maximum period of five years at a

time, after recovery of such extension fees, as may be prescribed on per-

acre per-annum basis:

Provided further that a show cause notice shall be issued and an

opportunity of hearing shall be given before vesting the land in the

Government:

Provided further that the applicant shall be exempted from the

provisions of this clause where compliance of clause (iv-b) is sought by the

Director.

Explanation.— In all licences issued at any date prior to the 3rd April,

2013, no extension fees shall be leviable for any extended

period of construction prior to the 3rd April, 2018;

(ii)

in sub-section (4), for the words “two years”, the words “five years” shall be

substituted.”.

Amendment of

section 3 of

Haryana Act 8

of 1975.

HARYANA GOVT. GAZ. (EXTRA.), JAN. 31, 2019 (MAGH. 11, 1940 SAKA)

Amendment of

section 8 of

Haryana Act 8

of 1975.

For section 8 of the principal Act, the following section shall be substituted, namely:-

“8. Cancellation of licence.- (1) A license granted under this Act, shall be liable to

be cancelled by the Director if the colonizer contravenes any of the conditions of the

license or the provisions of the Act or the rules made thereunder:

Provided that before such cancellation the coloniser shall be given an opportunity

of being heard:

Provided further that upon issuance of such cancellation of licence the land and

buildings involved in such licence, shall be deemed to vest with the Government, unless

specifically relieved of this obligation by the Government.

(2) Upon cancellation of the licence, all necessary action shall be taken by the Director,

either himself or through a third party agency identified by him, to secure the assets of the

colony as well as to ascertain the claims and liabilities against the licensee.

(3) After securing the assets of the colony under sub-section (2) and without prejudice to

the provisions contained in any other State law for the time being in force, the Director may, for

the purposes of recovery of dues or for getting the balance development works completed for the

purpose of granting completion certificate or otherwise, adopt all such measures, including

alienation of the licence, or part thereof, alongwith the associated land to any third party after

obtaining prior concurrence of the Government and adopting such procedure, as may be

prescribed.

(4) Notwithstanding any of the provisions as above, any excess amount received from its

allottees by the colonizer, shall be recovered by the Director. The Director shall recover any

excess amount from the colonizer received from its allottees and in case all attempts to recover

the same directly from the colonizer fail, such recovery shall be made as arrears of land revenue

from all the assets under the ownership of the colonizer.”.

Amendment of

section 10A of

Haryana Act 8

of 1975.

For section 10A of the principal Act, the following section shall be substituted, namely:-

“10A. Recovery of Dues.- (1) All dues payable to the Director under the

provisions of this Act may be recovered as follows, namely:-

(i)

as arrears of land revenue upon a certificate of the amount due sent by the Director

or an officer duly authorized by him in this regard to the Collector; or

(ii)

direct the bank holding the bank account of the person, company or other agency

from whom the amount is due to the Director to freeze such account to the extent

of the money due:

Provided that the Director 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, company or other agency granted a licence under

this Act, the Director 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 Director or any other officer duly authorized by

him in this regard shall, in case the mode of recovery under clause (ii) is initiated,

provide an opportunity of being heard to the person, 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 continue to be liable for action,

including criminal action, for such default under any other law for the time being

in force.”.

MEENAKSHI I. MEHTA,

Secretary to Government, Haryana,

Law and Legislative Department.

8542—L.R.—H.G.P., Pkl.