Faridabad Metropolitan Development Authority Transfer Scheme (HSIIDC Properties, Interests in Properties, Rights and Liabilities), 2018.

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Haryana Government Gazette

EXTRAORDINARY

Published by Authority

© Govt. of Haryana

No. 190–2021/Ext.] CHANDIGARH, THURSDAY, NOVEMBER 18, 2021 (KARTIKA 27, 1943 SAKA)

HARYANA GOVERNMENT

INDUSTRIES AND COMMERCE DEPARTMENT

Notification

The 18th November, 2021

FARIDABAD METROPOLITAN DEVELOPMENT AUTHORITY TRANSFER SCHEME (HSIIDC

PROPERTIES, INTERESTS IN PROPERTIES, RIGHTS AND LIABILITIES), 2018

No. 09/12/2021-1IB-I.— In exercise of the powers conferred by sub-section (1) of Section 47 of the Faridabad Metropolitan Development Authority Act, 2018, the Government of Haryana hereby makes the following transfer scheme for providing and giving effect to the transfer of the properties, interests in properties, rights and liabilities of Haryana State Industrial and Infrastructure Development Corporation ("HSIIDC") in respect of infrastructure development works, other than internal development works, to Faridabad Metropolitan Development Authority ("FMDA") established under the Faridabad Metropolitan Development Authority Act, 2018, as per and in accordance with the terms of this transfer scheme and for matters incidental and ancillary thereto.

1. Short Title, Extent and Commencement:

(1) This Transfer Scheme may be called the Faridabad Metropolitan Development Authority Transfer Scheme (HSIIDC Properties, Interests in Properties, Rights and Liabilities), 2018.

(2) The Transfer Scheme shall extend to the Faridabad Metropolitan Area and shall, further, extend to all properties, interests in properties, rights and liabilities of HSIIDC that are located both within and outside the State of Haryana, in so far as such properties, interests in properties, rights and liabilities of HSIIDC, are related to infrastructure development works, other than internal development works, located in the Faridabad Metropolitan Area.

2. Definitions:

(1) In this Transfer Scheme, unless there is anything repugnant in the subject or context, namely:

(a) "Act" means the Faridabad Metropolitan Development Authority Act, 2018;

(b) "Assets" means all properties and interests in properties, immoveable and moveable, of HSIIDC relating to infrastructure development works, other than internal development works, located in the Faridabad Metropolitan Area, including roads, water supply systems and pipelines, sewerage systems and pipelines, storm water drainage systems and pipelines, green spaces abutting roads, specified parks, buildings, plant, machinery, stores, workshops, and installations pertaining and attached thereto tangible and intangible assets, right of way, benefits, licenses, consents, authorities, registration and powers of every kind, nature and description whatsoever, privileges, liberties, advantages, benefits and approvals, contracts, deeds, schemes, bonds, agreements and other instruments and interest (including receivables) of whatever nature and wherever situated;

(3904)HARYANA GOVT. GAZ. (EXTRA.), NOV. 18, 2021 (KRTK. 27, 1943 SAKA) 3905 (c) "FMDA" means the Faridabad Metropolitan Development Authority established under the Faridabad Metropolitan Development Authority Act, 2018;

(d) "HSIIDC" means the Haryana State Industrial and Infrastructure Development Corporation Limited, a company incorporated under the Companies Act, 1956 (Act No. 3 of 1956);

(e) "Liabilities" include all liabilities, debts, duties, obligations and other out-standings including statutory liabilities and government levies of whatever nature and contingent liabilities which may arise in regard to the dealings before the Effective Date in respect of infrastructure development works of HSIIDC, other than internal development works, located in the Faridabad Metropolitan Area;

(f) "Proceedings" include all proceedings of whatever nature including suits, appeals, complaints, petitions, applications, conciliation, arbitration, whether civil or criminal cases or otherwise, in which the HSIIDC is one of the parties;

(g) "Schedules" means the schedules appended to this Transfer Scheme;

(h) "Transfer Scheme" means the Faridabad Metropolitan Development Authority Transfer Scheme (HSIIDC Properties, Interests In Properties, Rights and Liabilities), 2018;

(i) "State Government" means the Government of Haryana;

(2) Words and expressions used in this Transfer Scheme and defined in the Act but not specifically defined herein shall have the same meaning ascribed to them in the Act.

3. Classification of properties of HSIIDC:

(1) The properties of HSIIDC are classified in the Schedules as follows: Infrastructure Development Works as set out in Schedules A, B, C, D, E and F.

(2) If the properties under sub-clause (1) of Clause 3 above are subject to security for any borrowings or arrangements in favour of third parties for any financial assistance or obligations taken by the HSIIDC and the Liabilities in respect thereof are to be classified in HSIIDC and FMDA, the State Government, may by order to be issued for the said purpose, provide for the apportionment of the Liabilities secured by such properties, assets and rights between HSIIDC and FMDA and upon such apportionment the security shall be applicable to the extent of apportioned liability only.

4. Effect of Transfer:

(1) On and from the Effective Date and subject to the terms and conditions specified in the Act and this Transfer Scheme, the assets and liabilities, proceedings and records, whether physical or digital, of HSIIDC that form part of Schedules A, B, C, D, E and F shall stand transferred to and vest in FMDA absolutely for all intents and purposes, without any further act or thing to be done by the State Government or HSIIDC or any person.

(2) Upon such transfer, FMDA shall, from the Effective Date, discharge all functions, duties, responsibilities and liabilities with respect to or arising from the transferred properties or the operations and maintenance thereof.

(3) Upon such transfer and with effect from the Effective Date, the loans, subventions and obligations of HSIIDC shall stand extinguished and cancelled, which shall be in full and final settlement of all claims of HSIIDC except as set out in this Transfer Scheme or any other notification as may be issued by the State Government.

(4) On such transfer and vesting of the functions provided hereinabove and except as otherwise provided, FMDA shall be responsible for all functions, contracts, rights, deeds, schemes, bonds, agreements, arrangements, proceedings and other instruments of whatever nature relating to the properties transferred to it to which HSIIDC was a party, subsisting, and in the same manner as HSIIDC was liable immediately, and the same shall remain in force and effect against or in favour of FMDA and may be enforced effectively as if FMDA had been a party thereto instead of HSIIDC.

(5) Nothing in this clause above shall apply to rights, responsibilities, liabilities and obligations in respect of the employees and other personnel of HSIIDC and matters relating to employees and other personnel of HSIIDC, including statutory dues such as salary, wages, gratuity, pension, provident fund, leave encashment/medical benefits, compensation and retirement benefits.

(6) As consideration for the transfer and vesting as specified in this Transfer Scheme, the State Government shall, by order, notify the balance sheet and financials deemed to have been transferred from HSIIDC to FMDA.

(7) The State Government may, by an order to be issued for the purpose, amend, vary, modify, add, delete or otherwise change the terms and conditions specified in the Schedules at any time during the provisional period mentioned in the Transfer Scheme.

(8) The rights in the properties or interests in properties transferred to FMDA shall be subject to the restrictions and limitations specified in this Transfer Scheme or in the applicable Schedule.

(9) Notwithstanding anything contained in the Transfer Scheme, HSIIDC shall provide right of way access to FMDA for infrastructure development works in respect of roads under the ownership, management and control of HSIIDC in the Faridabad Metropolitan Area.

5. Rights and obligations of third parties restricted:

Upon the transfer being affected in accordance with the Act and this Transfer Scheme, the rights and obligations of all persons shall be restricted to FMDA to whom the rights, properties, interests in properties or liabilities are assigned and not withstanding anything contained in any deed, documents, instruments, agreements or arrangements which such person has with HSIIDC, the person shall not claim any right or interest against HSIIDC.

6. Pending suits, Proceedings, etc.:

(1) All Proceedings of whatever nature by or against HSIIDC pending on the Effective Date shall not abate or discontinue or otherwise in any way prejudicially be affected by reason of the transfer under this Transfer Scheme and the Proceedings shall be continued, prosecuted and enforced by or against FMDA to whom the same are assigned in accordance with this Transfer Scheme and orders issued thereunder.

(2) The Proceedings covered under sub-clause (1) above shall be continued in the same manner and to the same extent as it would or might have been continued, prosecuted and enforced by or against HSIIDC if the transfer specified in this Transfer Scheme had not been made.

7. Classifications and transfer of property, rights, Assets, Liabilities and Proceedings to be provisional in

the first instance:

(1) The transfer under this Transfer Scheme, unless otherwise specified in any order made by the State Government, shall be provisional for a period of one year from the Effective Date.

(2) At any time within a period of one year from the Effective Date, the State Government may, by notified order published in the Official Gazette, amend, vary, modify, add, reduce, delete or otherwise change the terms and conditions of the transfer including items included in the transfer, and transfer such of the Assets, Liabilities, Proceedings, rights and obligations and forming part of HSIIDC to FMDA or vice versa, in such manner and on such terms and conditions as the State Government may consider appropriate.

(3) On the expiry of the period and subject to any directions given by the State Government, the transfer of Assets, Liabilities, Proceedings, rights and obligations made in accordance with this Transfer Scheme shall become final.

8. Transfer by operation of law:

The transfer under this Transfer Scheme shall operate and be effective pursuant to action of the State Government by notifying this Transfer Scheme and orders issued in terms of this Transfer Scheme and without any further act, deed or thing to be done by the State Government, HSIIDC, Transferees or any other person, subject to the terms and conditions of this Transfer Scheme.

9. Decision of State Government to be final:

(1) If any doubt, dispute, difference or issue arises in regard to the transfers under this Transfer Scheme, then, subject to the provisions of the Act, the decision of the State Government thereon shall be final and binding on all parties.

(2) The State Government may, by order notified in the Official Gazette, amend this Transfer Scheme and make such provisions, not inconsistent with the provisions of the Act, as may appear to be necessary for removing the difficulties arising in implementing the transfers under this Transfer Scheme.

VIJAYENDRA KUMAR, Principal Secretary to Government Haryana, Industries & Commerce Department.

SCHEDULE C

INFRASTRUCTURE DEVELOPMENT WORKS- Sewerage System

(Haryana State Industrial and Infrastructure Development Corporation)

;

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9383—C.S.—H.G.P. Pkl.