Haryana act 023 of 2004 : Haryana Urban Development Authority (Second Amendment) Act, 2004

Section 1. Short title

1. Short title.- This Act may be called the Haryana Urban Development Authority (Second Amendment) Act, 2004.

Section 2. Amendment of Chapter IX of Haryana Act 13 of 1977

2. Amendment of Chapter IX of Haryana Act 13 of 1977.- In Chapter IX of the Haryana Urban Development Authority Act, 1977 (hereinafter called the principal Act),-

(i) for the words "sector development plan(s)" wherever occurring, the words and sign "sector ??? development plan(s)" shall be substituted.

(ii) for the word "sector(s)" wherever occurring, the words and sign "sector(s) zone(s)" shall be substituted.

Section 3. Amendment of section 62 of Haryana Act 13 of 1977

3. Amendment of section 62 of Haryana Act 13 of 1977.- For sub-section (1) of section 62 of the principal Act, the following sub-section shall be substituted, namely:-

"(1) If in the opinion of the State Government any area within the State requires integrand planned development, it may by notification, declare such area to be local development area and such area shall include the area within a town or local authority including a municipal committee/council or a Municipal Corporation, the controlled area declared under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (41 of 1963), or the erstwhile Faridabad Complex (Regulation and Development) Act, 1971 (42 of 1971), or the Haryana Municipal Corporation Act, 1994 (16 of 1994) or any other area which in the opinion of the State Government is likely to be developed".

Section 4. Amendment of section 63 of Haryana Act 13 of 1977

4. Amendment of section 63 of Haryana Act 13 of 1977.- In sub-section (1) of section 63 of the principal Act,-

(i) for clause (b), the following clause shall be substituted, namely:-

"(b) a whole time Vice-Chairman not below the rank of Commissioner serving or retitled to be appointed by the Government".

(ii) clause (h) shall be omitted;

(iii) For clause (j), the following clause shall be substituted, namely:

"(j) Mayor of a Municipal Corporation and in case of principal committee/council the president, ex-officio;".

Section 5. Amendment of section 67 of Haryana Act 13 of 1977

5. Amendment of section 67 of Haryana Act 13 of 1977.- In section 67 of the principal Act,-

(i) for sub-section (2), the following sub-section shall be substituted namely:-

"(2) Every meeting of the local Development Authority ??? presided over by the Chairman.";

(ii) in sub-section (3), for the words "member presiding", the word "Chairman" shall be substituted.

Section 6. Amendment of section 77 of Haryana Act 43 of 1977

6. Amendment of section 77 of Haryana Act 43 of 1977.- For the existing Note to section 77 of the principal Act, the following Note shall be substituted, namely:-

"Note.- The development plan prepared and approved by the Government under section 1 of the Punjab Scheduled Roads and Controlled Areas Restriction or Unregulated Development Act 1963 (41 of 1963) or under section 29 of the erstwhile Faridabad Complex (Regulation and Development) Act, 1971 (42 of 1971) or under section 346 of the Haryana Municipal Corporation Act, 1994 (16 of 1994) shall be deemed to be master plan under section 73 for the local development area forming part of the controlled area declared under the aforesaid Acts and the same shall be integrated into the master plan of the local development area."

Section 7. Amendment of section 85 of Haryana Act 13 of 1977

7. Amendment of section 85 of Haryana Act 13 of 1977.- In section 85 of the principal Act,-

(i) in sub-section (4),-

(I) for clause (a), the following clause shall be substituted, namely;-

"(a) From the date of the constitution of a Local Development Authority for a local development area, falling within the jurisdiction of a Municipal Corporation and the controlled area declared under the erstwhile Faridabad Complex (Regulation and Development) Act 1971 (42 of 1971) or under the Haryana Municipal Corporation Act, 1994 (16 of 1994), the Commissioner. Municipal Corporation shall cease to exercise powers under the provisions of sections 346 to 349 of the Haryana Municipal Corporation Act, 1994 (16 of 1994), and all acts done by the Chief Administrator of the erstwhile Faridabad Complex Administration or the Commissioner, Municipal Corporation shall be deemed to have been done by the Vice-Chairman of the Local Development Authority.";

(II) in clause (b), for the words "Faridabad Complex Administration", the words "Municipal Corporation" shall be substituted;

(ii) in sub-section (5), for the words "municipal committee" occurring twice, the words and sign "municipal committee/council" shall be substituted.