Haryana act 015 of 2006 : Haryana Development and Regulation of Urban Areas (Amendment and Validation) Act, 2005

Section 1. Short title

1. Short title.- This Act may be called the Haryana Development and Regulation of Urban Areas (Amendment and Validation) Act, 2005.

Section 2. Amendment of section 3 of Haryana Act 8 of 1975

2. Amendment of section 3 of Haryana Act 8 of 1975.- In clause (a) of sub-section (3) of section 3 of the Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter allied the principal Act),-

(i) in sub-clause (v), for the sign "???" existing at the end, the sign "???" shall be substituted;

(ii) after sub-clause (v), the following sub-clause shall be added, namely:-

"(vi) such terms and conditions as may be specified by the Director at the time of grant of licence through bilateral agreement as may be prescribed:".

Section 3. Amendment of section 24 of Haryana Act 8 of 1975

3. Amendment of section 24 of Haryana Act 8 of 1975.- In section 24 of the principal Act,-

(i) for sub-section (1), the following sub-section shall be substituted, namely:-

"(1) The Government may, by notification in the Official Gazelle, subject to the condition of previous publication, make rules for carrying out the purpose of this Act and may give them prospective or retrospective effect.";

(ii) for sub-section (3) the following sub-section shall be substituted namely:-

"(3) Every rule made under this Act shall be hid, as soon as may be, after it is made, before the House of the State Legislature, while it is in session.".

Section 4. ???

4. ???.- Notwithstanding any judgment decree or order of any court or tribunal or tribunal authority to the contrary, any licence fee charged or purporting in have been charged as per the Haryana Development and Regulation of Urban Areas (Amendment) Rules, 2005, notified by Haryana Government, Town and Country Planning Department, Notification No. DS-II-05/4737, dated the 23rd May, 2005, and the Schedule given below or any bilateral agreement executed with the Director or any undertaking obtained at the time of grant of licence or any action taken or things done or purporting to have been taken or done before the commencement of the Haryana Development and Regulation of Urban Areas (Amendment and Validation) Act, 2005, shall be deemed to be as valid and effective as if such licence Ice were charged in accordance with the provisions contained in the Schedule appended to the Haryana Development and Regulation of Urban Areas Rules, 1976 and any bilateral agreement executed with the Director or any undertaking obtained at the time of grant of licence shall be deemed to be as valid and effective as if such bilateral agreement executed or undertaking were obtained in accordance with the provisions as amended and validated in exercise of the provisions contained in the Haryana Development and Regulation of Urban Areas (Amendment and Validation) Act, 2005, and shall not be called in question in any court or tribunal or other authority and accordingly-

(i) all act proceedings or things done or action taken by the Government or by any officer of the Government or by any authority, in connection with the charging of licence fee, execution of bilateral agreement and obtaining of any undertaking, for all purpose be deemed to be and, to have always been done or taken in accordance with law;

(ii) no suit or other proceedings shall be maintained or continued in any court or be lore authority for the refund of any such licence fee so charged and for nullification of bilateral agreement executed and undertaking obtained; and

(iii) no court or authority shall enforce decree or order directing the refund of any such licence fen so charged or for nullification of bilateral agreement executed or any undertaking obtained at the time of grant of licence:-

Section 5. ???

5. ???.- (1) The Haryana Development and Regulation of Urban Areas (Amendment and Validation) Ordinance 2005 Ordinance No. 4 of 2005), as hereby ???.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act, as amendment by this Act.