| [Haryana Act No. 11 of 2007] |
An Act further to amend the Haryana Panchayat Raj Act, 1994
Be it enacted by the Legislature of the State of Haryana in the Fifty-eighth Year of the Republic of India as follows:-
1. Short title.- This Act may be called the Haryana Panchayati Raj (Amendment) Act, 2007.
2. Amendment of section 19 of Haryana Act 11 of 1994.- In section 19 of the Haryana Panchayati Raj Act, 1994 (hereinafter called the principal Act), the brackets and figure "(1)" shall be omitted.
3. Amendment of section 41 of Haryana Act 11 of 1994.- In clause (ii) of the proviso to clause (a) of sub-section (1) of section 41 of the principal Act, after the words and figures "or 1971 war", the words and signs "or who is/are freedom fighter/children of freedom fighter" shall be inserted.
4. Amendment of section 51 of Haryana Act 11 of 1994.- In sub-section (6) of section 51 of the principal Act,-
(a) in clause (i), the word "and" shall be omitted;
(b) after clause (i), the following clause shall be inserted, namely:-
"(i-a) if he is Sarpanch belonging to reserve category, to a Panch of that reserve category commanding majority, and if no Panch in that category is available, to a Panch of general category commanding majority in the Gram Panchayat; and".
5. Amendment of section 161 of Haryana Act 11 of 1994.- In sub-section (1) of section 161 of the principal Act, the signs and word "Up-Sarpanches" shall be omitted.
6. Insertion of Chapter XXII in Haryana Act 11 of 1994.- In the principal Act after Chapter XXI, the following Chapter shall be inserted namely:-
1["CHAPTER XXII
RURAL DEVELOPMENT
PART A
Preliminary
219. Definitions.- In this Chapter unless the context otherwise requires,-
(a) "amenity" includes roads, water supply, street lighting, drainage, sewerage, public parks, schools, playgrounds, hospitals, community centers and other community buildings, horticulture, landscaping and any other public utility service as the Government may, by notification specify, to be an amenity for the purposes of this Chapter;
(b) "Authority" means the Haryana Rural Development Authority constituted under sub-section (1) of section 220;
(c) "building" includes-
i) a house, out-house, stable, latrine, go down, shed, hut, wall and any other structure whether of masonry, bricks, mud, wood, metal or any other material whatsoever;
ii) a structure on wheels or simply resting on the round without foundations;
iii) a ship, vessel, boat, tent, van and any other structure used for human habitation or used for keeping or storing any articles or goods; and
iv) the gardens, grounds, carriages and stables, if any, appurtenant to any building which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;
(d) "building operations" include re-building operations, structural alterations of, or additions to, buildings and other operations normally undertaken in connection with the construction of buildings;
(e) "Chief Administrator" means the Chief Administrator of the Authority;
(f) "development plan" means a plan prepared under section 249 and published under section 256 of this Act;
(g) "development zone" means the area notified under section 255 of this Act;
(h) "District Planning Committee" means a committee constituted by the Government as per the provisions of article 243ZD of the Constitution of India and section 203B of the Haryana Municipal Act, 1973 (24 of 1973);
(i) "erect or re-erect any building" includes-
i) any material alteration or enlargement of any building;
ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;
iii) the conversion into more than one place for human habitation of a building originally constructed as one such place;
iv) the conversion of two or more places of human habitation into a greater number of such place;
v) such alterations of a building as effect its drainage or sanitary arrangements, or materially affect its security;
vi) the addition of any rooms, building, out-houses or other structures to any building;
vii) the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land;
(j) "land" includes benefits to arise out of land, and this attached to the earth or permanently fastened to anything attached to the earth;
(k) "means of access" includes any means of access, whether private, or public, for vehicles or for pedestrians and includes a road;
(l) "member’ means a member of Authority and includes Chairman, Vice-Chairman and Chief Administrator thereof;
(m) "occupier" means a person including a firm or other body of individuals, whether incorporated or not, who occupies land or building sold, leased or transferred in any manner whatsoever under this Chapter and includes his successors and assignees;
(n) "operational construction" means any construction, whether temporary or permanent, which is necessary for the operation, maintenance, development or execution of any of the following services, namely:-
i) railways;
ii) national highways;
iii) airways and aerodromes;
iv) posts and telegraphs, telephones, wireless broadcasting and other like forms of communication;
v) regional grid for electricity;
vi) any other service which the Government may, if it is of the opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notification, declare to be a service for the purposes of this clause.
Explanation.- For the removal of doubts, it is hereby declared that the construction of-
i) new residential buildings (other than gate, lodges and quarter for limited essential operational staff and the like), roads and drains in railway colonies, hospitals, clubs, institutions and schools, in the case of railways; and
ii) a new building, new structure or new installation or any extension thereof, in the case of any other service,
shall not be deemed to be construction within the meaning of this clause;
(o) "Panchayati Raj Institution" means Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, constituted under this Act;
(p) "public place" means any place or building which is open to the use and enjoyment of public whether it is actually used or enjoyed by the public or not, and whether the entry is regulated by any charge or not;
(q) "regulation" means a regulation made under this Chapter by the Authority;
(r) "rural area" means the area excluding the municipal area or the urban area, as the case may be;
(s) "Secretary" means the Secretary of the Authority.
PART B
Haryana Rural Development Authority
220. Establishment and constitution of Authority.- (1) With effect from such date, as the Government may by notification in the Official Gazette specify in this behalf, the Government shall establish and constitute for the purposes of this Chapter, an Authority to be known as the ‘Haryana Rural Development Authority’ with its Headquarter at such place as the Government may specify.
(2) The Authority established and constituted under sub-section (1) shall be a body corporate having perpetual succession and a common seal, with power to hold and dispose of property both movable and immovable, and to contract; and shall, by the said name, sue and be sued.
(3) The Authority shall consist of Chairman, Vice-Chairman, Chief Administrator and such other members, not more than twelve and not less than six, as the Government may, from time to time by notification appoint:
Provided that the number of non-official member shall not, at any time exceed three.
221. Terms of office and conditions of service of members.- (1) The terms of office and conditions of service of the members shall be such, as may be prescribed.
(2) The Chief Administrator shall be entitled to receive from the fund of the Authority such salary and such allowances, if any, as may be prescribed.
(3) Any member, other than the Chief Administrator, may be paid from the fund of the Authority such allowances, if any, as may be prescribed.
(4) The members shall hold office during the pleasure of the Government.
(5) The member may resign his office by giving notice in writing to the Government and, on such resignation being accepted by the Government, he shall cease to be a member.
222. Filling of vacancies.- Upon occurrence of any vacancy in the office of Chairman, Vice-Chairman, Chief Administrator or member, a new Chairman, Vice-Chairman, Chief Administrator or member, as the case may be, shall be appointed.
223. Meetings.- (1) The Authority shall met at such times and places and subject to the provisions of sub-section (2) and (3) observe such rules of procedure in regard to the transaction of its business at such meetings at may be provided by regulations.
(2) At every meeting of the Authority, the Chairman, if present, or in his absence, the Vice-Chairman, and if there be no chairman or Vice-Chairman, present, then, anyone of its members, whom the member present may elect, shall preside.
(3) All questions at a meeting of the authority shall be decided by a majority votes of the members present and voting and in the case of equality of votes, the member presiding shall have a second or casting vote.
(4) Minutes shall be kept of the names of the members present and of the proceedings at each meeting in a book to be kept for the purpose, which shall be signed at the next ensuing meeting by the member presiding at such meeting and shall be open to inspection by any member during office hours.
(5) For the transaction of business at a meeting of the Authority, the quorum shall be one-third of the number of members actually serving for the time being but shall not, in any case, be less than four.
224. Appointment of committees.- Subject to any rules made in this behalf, the Authority may, from time to time, appoint one or more committees for the purpose of securing the efficient discharge of the functions of the Authority and in particular for the purpose of ensuring the efficient maintenance of public amenities and development projects.
225. Temporary association of persons.- (1) The Authority or any committee appointed under section 224 may associate with itself in such manner and for such purpose, as may be prescribed, any person whose assistance of advice it may require in performing any of its functions under this Chapter.
(2) Any person associated with the Authority or any committee under sub-section (1) for any purpose shall have a right to take part in the discussion of the Authority or committee relevant to that purpose but shall not have a right to vote at a meeting.
226. Validation of acts and proceedings.- No act done or proceedings taken under this Chapter shall be questioned on the ground merely of-
(a) the existence of any vacancy in, or any defect in the constitution of, the Authority;
(b) any person, associated under section 225, having voted in contravention of the provisions of this Act in this behalf;
(c) the failure to serve a notice on any person where no substantial injustice has resulted from such failure;
(d) any omission, defect or irregularity not affecting the merits of the case.
227. Staff.- (1) Subject to such control and restrictions, as may be prescribed, the Authority may appoint such number of officers and other employees including experts for technical and legal work, as may be necessary for the efficient performance of its functions and may determine their designation and grades.
(2) The Officers and other employees of the Authority shall be entitled to receive, from the fund of the Authority, such salaries and allowances, if any, and shall be governed by such conditions of service as may be determined by regulations made in this behalf.
(3) The exercise of any powers or discharge of any duties or functions under sub-section (1) by any officer or other employee shall be subject to such restrictions, conditions and limitations, if any, as may be laid down by the Authority, and shall also be subject to its control and supervision.
228. General disqualification of officers and employees.- No person who has, directly or indirectly, by himself or through his partner or agent, any share or interest in any contract, by or on behalf of the Authority, or any employment under, by or on behalf of the Authority, otherwise than as an officer or employee thereof, shall become or remain an officer or employee of the Authority.
229. Objectives of Authority.- The objects of the Authority shall be to promote and secure regulated development of the rural area and development zone in and around villages including Lal Dora and to provide amenities, sanitation and hygiene in rural areas and also to provide residential and housing facilities particularly for weaker section.
230. Duties and functions of Authority.- Subject to such exceptions and conditions as the Government may, by general or special order, impose, it shall be the duty of the Authority within the limits of funds at its disposal to provide for and make arrangements for carrying out the requirements of rural area in respect of the following matters:-
(a) Identification of rural area for declaration of development zone.
(b) Preparation of development plans for regulation of the development zone.
(c) Providing regulated growth in and around villages.
(d) Providing regulated growth in and around villages.
(e) Development of residential and housing facilities in villages particularly for weaker sections by acquisition and development of land.
(f) Providing financial and technical support to the Panchayati Raj Institutions for the development of rural area and development zone in and around villages.
(g) Distributions of house sites in the development zone and maintenance of record thereof.
(h) Maintenance of buildings under its control or transferred to it by the Government or any public authority.
(i) Maintenance of general sanitation.
(j) Cleaning of public roads, drains and other public places.
(k) Maintenance of community assets or any other duties and functions as the Government may direct.
PART C
Disposal and Resumption of Land
231. Utilization and disposal of land.- (1) Subject to any directions given by the Government under this Act and the provision of sub-section (5), the Authority may dispose of-
(a) any land transferred to it by the Government without undertaking or carrying out any development thereon; or
(b) any such land after undertaking or carrying out such development as it thinks fit,
to such persons, in such manner and subject to such terms and conditions, as it considers expedient for securing development.
(2) Nothing in this Chapter shall be construed as enabling the authority to dispose of land by way of gift, but subject to this condition, references in this Chapter to the disposal of land shall be construed as reference to the disposal thereof in any manner, whether by way of sale, exchange or lease or by the creation of any easement right or privilege or otherwise.
(3) Subject to the provisions herein before contained, the Authority may sell, lease, or otherwise transfer whether by auction, allotment or otherwise, any land or building belonging to it on such terms and conditions as it may, by regulations, provide.
(4) The consideration money for any transfer under sub-section (1) shall be paid to the Authority in such manner as may be provided by regulations.
(5) Any land or building or both, as the case may be, shall continue to belong to the Authority until the entire consideration money with interest and other amount, if any, due to Authority, on account of the sale of such land or building or both is paid.
(6) Until the conditions provided in the regulations are fulfilled, the transferee shall not transfer his rights in the land or building except with the previous permission of the Authority, which may be granted on such terms and conditions, as the Authority may deem fit.
232. Resumption and forfeiture for breach of conditions of transfer.- (1) Where any transferee makes default in the payment of any consideration money, or any installment, on account of the sale of may land or building, or both, under section 231, the Authority may, by notice in writing, call upon the transferee to show cause within a period of thirty days, why a penalty, which shall not exceed ten percent of the amount due from the transferee, be not imposed upon him.
(2) After considering the cause, if any, shown by the transferee and after giving him a reasonable opportunity of being heard in the matter, the Authority may, for reasons to be recorded in witting, make an order imposing the penalty and direct that the amount of money due along with the penalty shall be paid by the transferee within such period as may be specified in the order.
(3) If the transferee fails to pay the amount due together with the penalty in accordance with the order made under sub-section (2), or commits a breach of any other condition of sale, the Authority may, by notice in writing, call upon the transferee to show cause within a period of thirty days, why an order of resumption of the land or building, or both, as the case may be, and forfeiture of the whole or any part of the money, if any, paid in respect thereof which in no case shall exceed ten percent of the total amount of the consideration money, interest and other dues payable in respect of the sale of the land or building or both, should not be made.
(4) After considering the cause, if any, shown by the transferee in pursuance of a notice under sub-section (3) and any evidence that he may produce in support of the same and after giving him a reasonable opportunity of being heard in the matter, the Authority, may for reasons to be recorded in writing, make an order resuming the land or building or both, as the case may be, and directing the forfeiture as provided in sub-section (3) of the whole or any part of the money paid in respect of such sale.
PART D
Finance, Accounts and Audit
233. Funds of Authority.- (1) The Authority shall have and maintain its own fund to which shall be credited-
(a) all moneys received by the Authority from the Government and the Central Government by way of grants, loans, advances or otherwise;
(b) all money borrowed by the Authority, from sources other than the Government, by way of loans or debentures;
(c) all fees and fines received by the Authority;
(d) all fees, fines and remittance charged by any other authority for rural development;
(e) all moneys received by the Authority from the disposal of lands, buildings and other properties, movable and immovable;
(f) 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-
(a) expenditure incurred in the administration of this Chapter;
(b) cost of acquisition of land for purposes of this Chapter;
(c) expenditure for development of land;
(d) expenditure for such other purposes as the Government may direct or permit.
(3) The Authority shall keep its fund in any Scheduled Bank.
(4) The Authority may invest any portion of its fund in such securities or in such other manner as may be prescribed.
(5) The income resulting from investments mentioned in sub-section (4) and proceeds of the sale of the same shall be credited to the fund of the Authority.
234. Power of Authority to borrow and advance money.- The Authority may from time to time, borrow money by way of loans or debentures and advance money from such sources, and on such terms and conditions, as may be prescribed.
235. Priority of payment for interest and repayment of loans.- All Payment due from the Authority on account of interest on loans or the repayment of loans shall be made in priority to all other dues from the Authority.
236. Budget.- The Authority shall prepare 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 expenditure of the Authority and shall forward to the Government such number of copies thereof, as may be prescribed.
237. Accounts and audit.- (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 the Government and any expenditure incurred by him in connection with such audit shall be payable by the Authority to the Accountant General.
(3) The Accountant General or any person appointed by him in connection with the audit of accounts of the Authority shall have the same right, privilege and authority in connection with such audit as the Accountant General has in connection with the audit of the Government accounts, and in particular, shall have the right to demand the production of books, accounts connected vouchers and other documents and papers.
(4) The accounts of the Authority as certified by the Accountant General or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Government.
238. Annual Report.- The Authority shall prepare, for every year, a report on its activities during that year and submit the report to the Government, in such form and on or before such date, as may be prescribed.
239. Provident Fund.- The Authority shall constitute, for the benefit of its whole time paid members and for its officers and other employees in such manner and subject to such conditions, as may be prescribed, such provident fund as it may deem fit.
240. Delegation by Authority.- The Authority may, by resolution, authorize that any power exercisable by it and all or any of the duties and functions imposed on it under this Chapter or the rules or regulations made there under, except the power to make regulations, may also be exercised by such officers of Government or Panchayati Raj Institutions, as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
241. Power to make regulations.- The Authority may, with the previous approval of the Government, make regulations consistent with this Chapter, and without prejudice to the generality of this power such regulations may provide for-
(a) the summoning or holding of the meetings of the Authority, the time and place where such meetings are to be held and the conduct of business at such meetings;
(b) the powers and duties of the officers and other employees of Authority;
(c) the salaries, allowances and conditions of service of officers and other employees of the Authority;
(d) the erection of buildings;
(e) the terms and conditions on which transfer of any right, title and interest in any land or building may be permitted;
(f) the management of the properties of the Authority;
(g) any other matter which has to be, or may be, determined by regulations.
PART E
Inspection and Penalties
242. Power of entry.- The Authority may authorize any person to enter into or upon any land or building other than the land or building owner by the Central Government with or without assistants or workmen for the purpose of-
(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;
(b) examining works under construction and ascertaining the course of sewers and drains;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and intended lines of work;
(e) making levels, boundaries and lines by placing marks and cutting trenches;
(f) doing any other thing necessary for the efficient administration of this Chapter:
Provided that-
i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or of there be no occupier, to the owner of the land or building;
ii) sufficient opportunity shall in every instance be given to enable women, if any to withdraw from such land or building;
due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.
243. Penalties.- Any person who obstructs the entry of a person authorized under section 242 to enter into or upon any land or building other than the land or building owned by the Central Government or molests such person after such entry, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.
244. Imposition of penalty and mode of recovery of arrears.- (1) Where any person makes default in the payment of-
i) any rent due in respect of any lease of any land or building or both, as the case may be, under section 231; or
ii) any fee or contribution payable under this Chapter in respect of any land or building or both,
the Authority may direct that in addition to the amount of arrears, a sum not exceeding that amount shall be recovered from the person by way of penalty:
Provided that no such direction shall be made unless the person affected thereby has been given a reasonable opportunity of being heard in the matter.
(2) Where any person makes default in the payment of any amount, being the arrears or penalty or both directed to be paid under sub-section (1), such amount may be recovered from him, in the same manner as the arrears of land revenue.
245. Offences by companies.- (1) If the person committing an offence under this Chapter is a company, every person, who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the Company, as well as the Company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided under this Chapter if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Chapter has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation. - For the purpose of this section-
(a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director" in relation to a firm means a partner in the firm.
246. Fines when realised to be paid to Authority.- All fines realized in connection with prosecution under this Act shall be paid to the Authority unless notified by the Government to be retained by Panchayati Raj Institutions.
247. Penalty for breach of rules and regulations.- Except as otherwise provided for in this Chapter, any violation of any of the rules or regulations made there under shall be punishable with fine which may extend to three times of the market value of the land over which violation has been made, and in the case of continuing violations, with an additional fine, which may extend up to one percent of the fine imposed per day during which such violation continues and the court, while passing any sentence on conviction of any person for the violation of any rule or regulation, may direct that any property or part thereof, in respect of which the rule or regulation has been violated, shall be forfeited to the Authority:
Provided that if a building is begun, erected or re-erected in violation of any of the building regulations, the Chief Administrator shall be competent to require the building to be altered or demolished, by a written notice delivered to the owner thereof, within a period of six months of its having begun, or having been completed, as the case may be. Such notice shall also specify the period during which such alteration or demolition has to be completed and if the notice is not complied with, the Chief Administrator shall be competent to demolish the said building at the expense of the owner:
Provided further that the Chief Administrator may, instead of requiring alteration or demolition of any such building, accept by way of composition, such sum as he may deem reasonable.
248. Composition of offences.- (1) Any offence punishable under this Chapter may, either before or after the institution of proceedings, be compounded by the Authority or by any person, or Panchayat Raj Institutions authorized by the Authority in this behalf.
(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.
PART F
Preparation of Development Plan and Development of Land
249. Development Plan.- (1) The District Planning Committee in consultation with the Authority shall prepare development plan for such villages, as considered necessary, for regulation of its development zone.
(2) A plan may-
(a) contain reservation of land for residential, commercial, industrial, open spaces, road network and other ancillary usages;
(b) contain provisions concerning matters necessary for proper development of the zone or any area thereof according to plan.
(3) The District Planning Committee shall publish the plan for the purpose of inviting objections and suggestions from the public as may be prescribed.
(4) After considering the objections, suggestions, representations and recommendations, if any, the District Planning Committee may revise and forward the plan to the Authority for recommending it to the Government for approval.
250. Development of land in development zone.- (1) Subject to such conditions as may be specified by the Government, the Authority or the Panchayati Raj Institution, as the case may be, shall undertake development of land within the development zone either itself or allow public or private parties to develop the land for residential, institutional or for any other purpose and on payment of such charges and conditions as may be specified by the Government from time to time, in accordance with the development plan.
(2) No land within the development zone shall except with the permission granted under sub-section (1) be developed or fragmented for commercial purposes, but may be used for personal residential or agricultural purposes, as was being used on the date of publication of notification of development zone or the publication of development plan, as the case may be.
(3) No construction within the development zone shall be carried out without getting the building plans approved and necessary permission from the authority as may be prescribed.
251. Prohibition on fragmentation of land and other developmental activities in development zone.- Save as provided in section 250, no person in development zone shall-
i) without obtaining permission from the Authority, transfer or agree to transfer in any manner plots by fragmenting the land or make an advertisement or receive any amount in respect thereof;
ii) erect or re-erect any building in respect of which permission has not been granted;
iii) erect or re-erect any building or make or extend any excavation or layout any means or access to a road on a development zone save in accordance with the plan and the restrictions and conditions referred to in section 249 with the previous permission of the Authority.
PART G
Control by Government and Panchayati Raj Institutions
252. Control by Government.- (1) The Authority shall carry out such directions as may be issued to it, from time to time by the Government for the efficient administration of this Chapter
(2) The 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 the Authority for the purpose of satisfying itself as to the legality or propriety or correctness of any order passed or direction issued and may pass such order or issue such direction in relation thereto as it thinks fit:
Provided that the Government shall not pass an order adversely affecting any person without affording such person an opportunity of being heard.
(3) The Government may depute any officer to inspect or examine the office of the Authority, or its development works and to report thereon and the officer so deputed may, for the purposes of such inspection or examination, call for-
(a) any extract from any proceedings of the Authority or any committee constituted under this Chapter, record, correspondence, plan or other documents;
(b) any return, estimates, statement of accounts or statistics;
(c) any report,
and the Authority shall furnish the same.
253. Returns and information's.- The Authority shall furnish to the Government such reports, returns, record and other information as the Government may, from time to time, require.
254. Acquisition of land.- When any land, other than the land owned by the Central Government, is required for the purpose of this Chapter, the Government may, at the request of the Authority, proceed to acquire it under the provisions of the Land Acquisition Act, 1894 (Act 1 of 1894), and on payment by the Authority of the compensation awarded under that Act and of any other charges incurred in acquiring the land, the land shall vest in the Authority.
255. Declaration of development zone.- The Government may, on the recommendation of the Authority or otherwise, if it considers necessary, by notification in the Official Gazette, notify any area within Lal Dora and adjacent to it within a specified distance beyond Lal Dora of any village in the rural area, to be development zone.
256. Publication of plan.- (1) The Government may either approve the plan without modifications or with such modifications as it may consider necessary or reject the plan with directions to the District Planning Committee to prepare a fresh plan according to such directions.
(2) The Government shall cause to be published by notification the plan approved by it under sub-section (1) for the purpose of inviting objections thereon.
257. Amendment of plan.- (1) The Authority may make any amendment, in the master plan as it thinks fit, which may in its opinion do not affect important alterations in the character of the plan and which do not relate to the extent of land uses or the standards of population density.
(2) The Government may make amendments in the master plan whether such amendments are of the nature specified in sub-section (1) or otherwise.
(3) Before making any amendments in the plan, the Authority, or the Government shall publish a notice in at least one newspaper having circulation in the local development area inviting objections and suggestions from any person with respect to the proposed amendments, before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority or the Government.
(4) Every amendment made under this section shall be published in such manner as the Authority or the Government, as the case may be, may specify and the amendments shall come into operation either on the date of the first publication or on such other date as the Authority or the Government, as the case may be, may fix.
(5) When the Authority makes any amendments in the plan under sub-section (1) it shall report to the Government, the full particulars of such amendments within thirty days of the date on which such amendments come into operation.
(6) If any question arises whether the amendments proposed to be made by the Authority are amendments which affect important alterations in the character of the plan or whether they relate to the extent of land uses or the standards of population density, it shall be referred to the Government, whose decision thereon shall be final.
(7) Any reference to the master plan shall be construed as a reference to the master plan as amended under this section.
258. Government or any person appointed by it may exercise or perform duties conferred or imposed on Authority.- (1) If, in the opinion of the Government, the Authority is not competent to exercise or perform or neglects or fails to exercise or perform any power conferred or duty imposed upon it by or under any provision of this Chapter, the Government or any person appointed in this behalf by the Government may exercise such power or perform such duty.
(2) Any expenses incurred by the Government or by such person in exercising such power or performing such duty shall be paid out of the fund of the Authority, and if the Authority fails to pay the expenses, then the Government may make an order directing any person who, for the time being, has custody of such fund to pay such expenses from such fund, and such person shall be bound to obey such order.
259. Appeal.- (1) Any person aggrieved by an order of the District Planning Committee or the Authority passed under this Chapter may, within a period of thirty days from the date of the communication of such order, prefer an appeal to the Government in such form and manner, as may be prescribed:
Provided that the Government may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) The Government may, after hearing the appeal, confirm, vary or reverse the order appealed from and may pass such order as it deems fit.
(3) The Government may, either on its own motion or on an application received in this behalf, at any time within a period of six months from the date of the order, call for the record of any proceedings in which the Authority has passed an order for the purpose of satisfying itself as to the legality or propriety of such order and may pass such order ??? relation thereto as it thinks fit:
Provided that the Government shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.
260. Dissolution of Authority.- (1) Where the Government is satisfied that the purposes for which the Authority is constituted under this Chapter have been substantially achieved so as to render the continued existence of the Authority in the opinion of the Government unnecessary, the Government may, by notification in the Official Gazette declare that the Authority shall be dissolved with effect from such date as may be specified in the notification; and the Authority shall be deemed to be dissolved accordingly.
(2) From the date specified under sub-section (1)-
(a) all properties, funds and dues which are vested in, or realizable by the Authority, shall vest in, or be realizable by the Government;
(b) all liabilities which are enforceable against the Authority shall be enforceable against the Government; and for the purpose if carrying out any development which has not been full carried out by the Authority and for the purpose of realign properties, funds and dues referred to in clause), the functions of the Authority shall be discharged by the Government.
261. Power to delegate.- (1) The Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Chapter, except the power to make rules, may also be exercised by such officer of Panchayat Raj Institution, as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
(2) The Government may, by notification in the Official Gazette, direct that any power exercisable by the Authority under this Chapter may be exercised by such other officer of the Authority or Panchayati Raj Institution, as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
262. Power to make rules.- (1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Chapter.
(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 terms and conditions of service of the members under sub-section (1) of section 221;
(b) the appointment of committees under section 224;
(c) the manner and purpose for associating persons under section 225;
(d) the control and restriction in relation to appointment of officers and other employees under sub-section (1) of section 227;
(e) the investment of fund under sub-section (4) of section 233;
(f) the procedure to be followed for borrowing money by way of loans or debentures and their re-payment and the terms and conditions for same under section 236;
(g) the form of the budget of the Authority and the manner of preparing the same under section 236;
(h) the form of balance sheet and statement of account under sub-section (1) of section 237;
(i) the form of the annual report and the date on or before which it shall be submitted to the Government under section 238;
(j) the manner and constitution of the provident fund for whole time paid members and officers and other employees of the Authority and the conditions subject to which such fund may be constituted under section 239;
(k) the manner of the publication of the plan under section 249;
(l) the form and manner in which an appeal may be filed under section 259;
(m) the form and manner in which development charges shall be payable under section 266;
(n) any other matter which has to be, or may be, prescribed by rules.
(3) Every rule made under this Chapter shall be laid, as soon as may be, after it is made, before the House of the State Legislature, while it is in session. If the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
263. Power to remove members.- The Government may remove, from office any member-
i) who, without excuse, sufficient in the opinion of the Government, is absent for more than four consecutive meetings of the Authority;
ii) who has, in the opinion of the Government, so abused his position as a member as to render his continuance in the Authority detrimental to the interest of the Authority.
264. Power of Government to make grants, advances and loans to Authority.- The Government may make such grants, advances and loans to the Authority, as the Government may deem necessary, for the performance of the functions under this Chapter and all grants, loans and advances so made shall be on such terms and conditions, as the Government may determine.
265. Removal of difficulties.- If any difficulty arises in giving effect to the provisions of this Chapter, the Government may, by notified order, not inconsistent with the provisions of this Chapter, remove the difficulty.
PART H
Miscellaneous
266. Charge for extension of amenities.- Where, in the opinion of the Government, it is necessary that the amenities provided by the Authority in a rural area should be extended to any land or building situated within the said area or within such distance from the said area as it may deem expedient, such amenities shall be extended to such land or building and the owner of such land or building shall be liable to pay to the Authority, in the manner prescribed, such development charges therefore, as may be fixed by the Government having regard to the expenses to be incurred for providing such amenities and the benefits to be extended to the land or building.
267. Members, officers and employees to be public servants.- All members, officers and other employees of the Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Act 45 of 1860).
268. Jurisdiction of courts.- No court inferior to that of a Judicial Magistrate shall try an offence punishable under this Chapter.
269. Sanction for prosecution.- No prosecution for any offence punishable under this Chapter shall be instituted except with the previous sanction of the Authority or any officer authorized by the Authority.
270. Service of notice etc.- (1) All notices, all orders and other documents required by this Chapter or any rule or regulation made there under to be served upon any person shall, save as otherwise provided in this Chapter or such rule or regulation, be deemed to be duly served-
(a) where the person to be served is a company, if the document is addressed to the Secretary of the said company, at its registered office or at its principal office or place of business and is either-
i) sent by registered post; or
ii) delivered at the registered office or at the principal office or place of business of the said company;
(b) where the person to be served is a partnership firm, if the document is addressed to the said partnership firm, at its principal place of business, identifying it by the name or style under which its business is carried on and is either-
i) sent by registered post; or
ii) delivered at the said place of business;
(c) where the person to be served is public body, or a corporation or society or other body, if the document is addressed to the secretary, treasurer or other head of office of that body, corporation or society, at its principal office and is either-
i) sent by registered post; or
ii) delivered at the said office;
(d) in any other case, if the document is addressed to the person to be served and-
i) is given or tendered to him; or
ii) is sent by registered post to the person; or
iii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within rural area or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates.
(2) Any document which is required or authorized to be served on the owner or occupier of any land or building may be addressed "the owner or the occupier", as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served-
(a) if the document so addressed is sent to be delivered in accordance with clause (b) of sub-section (1); or
(b) if the document so addressed, or a copy thereof so addressed, is delivered to any person on the land or building or where there is no person on the land or building to whom it can be delivered is affixed to some conspicuous part of the land or building
(3) Where a document is served on a partnership firm in accordance with this section, the document shall be deemed to be served on each partner.
(4) For the purpose of enabling any document to be served on the owner of any property, the secretary may, by notice in writing, require the occupier, if any, of the property to state the name and address of the owner thereof.
(5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
Explanation.- A servant is not a member of the family within the meaning of this section.
271. Notices etc. to fix reasonable time.- Where any notice, order or other document issued or made under this Chapter or any rule or regulation made there under requires anything to be done for the doing of which no time is fixed in this Chapter or the rule or regulation, the notice, order or other document shall specify a reasonable time for doing the same.
272. Authentication.- All permissions, orders, decisions, notices and other documents of the Authority shall be authenticated by the signatures of the secretary or any other officer authorized by the Authority in this behalf.
273. Mode of proof of records of Authority.- A copy of any receipt, application, plan, notice, entry in a register, or other document, in the possession of the Authority, if duly certified by the legal keeper thereof, or other person authorized by the Authority, in this behalf, shall be received as prima facie evidence of the existence of the document and shall be admitted as evidence of the matters and transactions recorded therein in every case, where, and to the same extent as, the original document would, if produced, have been admissible to prove such matters.
274. Restriction on summoning of members, officers and other employees of Authority.- No member, officer or other employee of the Authority shall, in any legal proceedings to which the Authority is not a party, be required, to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, unless by order of the court made for special cause.
275. Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Chapter or any rule or regulation made there under.
276. Relation of Authority with police.- It shall be the duty of every police officer-
i) to communicate without delay to the proper officer or the employee of the Authority any information which he receives of a design to commit or of the commission of any offence against the provisions of this Chapter or any rule or regulation made there under; and
ii) to assist the member or any officer or other employee of the Authority in the lawful exercise of any power vesting in such member, officer or other employee under this Chapter or any rule or regulation made there under.
277. Arrest of offenders.- (1) A police officer, not below the rank of sub-inspector, shall arrest any person who commits, in his view, any offence against this Chapter or any rule made there under, if the name and address of such person be unknown to him and if such person, on demand, declines to give his name and address, or gives such name or address which may officer his reason to believe to be false.
(2) The person so arrested shall, without unavoidable delay, be produced before the Judicial Magistrate authorized to try the offence for which the arrest has been made, and no person, so arrested, shall be detained in custody for a period exceeding twenty-four hours without an order from the above mentioned Magistrate.
278. Exemption.- Nothing in this Chapter, shall apply to the operational constructions.
279. Savings.- Notwithstanding any thing contained in this Chapter, the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Act 41 of 1963) and the Haryana Development and Regulation of Urban Areas Act, 1975 (Act 8 of 1975), shall be applicable to the controlled area or urban area, as the case may be, declared under the said Acts.
280. Power to relax.- The Government may, in public interest, relax the applicability of any restriction, condition, rule or regulation made under this Chapter.]
1 Inserted by Haryana Act 11 of 2007.