Haryana act 036 of 2008 : The Haryana Town Improvement Act, 2008 (36 of 2008)

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(Haryana Act No. 36 of 2008) [Received the assent of the Governor of Haryana on the 25th September, 2008, and first published for general information in the Haryana Government Gazette (Extraordinary), Legislative Supplement Part I of the 10th October, 2008]

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Year No. Short Title Whether repealed or otherwise affected by legislation

2008 36 The Haryana Amended by Haryana Act Town Improvement 14 of 2013².

AN

ACT

to make provisions for the improvement and expansion of the towns and to incorporate new concepts of planning and redevelopment and to make provisions for better planning, regulating development and use of land to improve certain areas of these towns and for matters connected therewith or incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Fifty-ninth Year of the Republic of India as follows :—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Haryana Town Improvement Act, 2008.

(2) It extends to the whole of the State of Haryana.

(3) It shall apply to municipal areas and also to any other area, which the State Government may, by notification, specify.

2. (1) In this Act, unless there is something repugnant in the subject or context,—

(i) "Collector" means the Deputy Commissioner of the district concerned;

1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated the 31st August, 2008, Page 3909.

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(iii) "Director" means the Director, Urban Local Bodies Department, Haryana;

(iv) "District Town Planner" means the District Town Planner, Town and Country Planning Department, Haryana;

(v) "land" includes land as defined in clause (a) of section 3 of the Land Acquisition Act, 1894 (Act 1 of 1894);

(vi) "Land Acquisition Act" means the Land Acquisition Act, 1894 (Act 1 of 1894);

(vii) "Local Area" means the area to which this Act has been applied and the area within which trust has been created for the purposes of carrying out the provisions of this Act;

(viii) "local authority" includes a trust constituted under this Act;

(ix) "notification" means a notification published in the Official Gazette;

(x) "plan" means the plan prepared under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963) or the Haryana Municipal Act, 1973 (Haryana Act 24 of 1973);

(xi) "prescribed" means prescribed by the rules made under this Act;

(xii) "State Government" means the Government of the State of Haryana in the Administrative Department;

(xiii) "street alignment" means lines forming the boundaries of a street dividing the same from lands adjoining on either side.

(2) Words and expressions used in this Act but not defined shall have the meanings respectively assigned to them in the Haryana Municipal Act, 1973 (Act 24 of 1973), hereinafter called the Municipal Act.

(3) All references to anything done, required, authorized, permitted, forbidden or punishable, or to any power vested, under this Act, shall

(c) during the period of dissolution of a committee under section 254 of the Municipal Act, the two seats allotted to the committee on the trust under clause (b) of section 4 shall be filled by the State Government by appointing any two persons by notification. The term of office of every trustee so appointed shall be three years or until the trust is dissolved, whichever period is less or he ceases to be a member of the committee; provided that if the committee is reconstituted two members of the committee shall be appointed in accordance with the provisions of section 4, and on their appointment the two trustees appointed earlier by the State Government, under this section shall cease to be members of the trust.

7. (1) Any trustee may at any time resign his office :

Provided that such resignation shall not take effect until accepted by the trust.

(2) The term of office of the appointed and elected trustees shall commence on such date as may be notified in this behalf by the State Government.

(3) A person ceasing to be a trustee by reason of the expiry of his term of office shall, if otherwise, qualified, be eligible for reappointment.

8. (1) When the place of a trustee appointed by the State Government, becomes vacant by his resignation, removal or death, the State Government shall appoint a person to fill the vacancy.

(2) Every person appointed to fill a casual vacancy under this section shall hold his place for the time for and subject to the conditions upon which it was tenable by the person in whose place he has been so appointed, and no longer, but he may, if otherwise qualified, be re- appointed :

Provided that no person appointed under sub-section (2) shall continue to be a trustee after he ceases to be a member of the committee.

9. The chairman and each trustee shall receive such salary or remuneration as may be sanctioned by the State Government. Resignation of

trustee.

Filling of

casual

vacancies.

Remuneration

of chairman

and trustee.

(a) if he refuses to act, or becomes, in the opinion of the State Government, incapable of acting or has been declared an insolvent, or has been convicted of any such offence or subjected by a competent court to any such order as implies, in the opinion of the State Government, a defect of character which unfits him to be a trustee; or

(b) if he has been declared by notification to be disqualified for employment in, or has been dismissed from the public service and the reason for the disqualification or dismissal is such as implies, in the opinion of the State Government, a defect of character which unfits him to be a trustee; or

(c) if he has absented himself for more than three consecutive months from the meetings of the trust, or of any committee of which he is a member, and is unable to explain such absence to the satisfaction of the State Government; or

(d) if in the opinion of the State Government, he has flagrantly abused his position as a trustee; or

(e) if he has knowingly acquired or continued to hold without the permission in writing of the State Government, directly or indirectly or by a partner, any share or interest in any contract or employment with, by or on behalf of the trust; or

(f) if he has knowingly acted as a trustee in a matter other than a matter referred to in clause (iv) or clause (v) of the following proviso in which he or a partner had, directly or indirectly, a personal interest, or in which he was professionally interested on behalf of a client, principal or other person; or

(g) if he has acted in contravention of section 17; or

(h) being a legal practitioner, if he acts or appears on behalf of any other person in any criminal proceeding instituted by or on behalf of the trust; or

(i) in the case of a salaried Government officer, if his continuance in office is, in the opinion of the State Government, unnecessary or undesirable :

Removal of

trustee.

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(i) having a share or interest in any lease, sale or purchase of land or building, or in any agreement for the same, provided that such share or interest was acquired before he became a trustee; or

(ii) having a share in a joint stock company which shall contract with, or be employed by or on behalf of the trust; or

(iii) having a share or interest in a newspaper in which an advertisement relating to the affairs of the trust is inserted; or

(iv) holding a debenture or otherwise being interested in a loan raised by or on behalf of the trust; or

(v) being retained by the trust as a legal practitioner; or

(vi) having a share or interest in the occasional sale of an article in which he regularly trades to the trust, to a value not exceeding, in any one year, such amount as the trust, with the sanction of the State Government, may fix in this behalf.

11. A trustee removed under clauses (a), (b), (d), (e), (f) and (g) of section 10 shall not be eligible for re-appointment :

Provided that if a trustee has been removed by reason of his having been declared an insolvent, or disqualified under sub-clause (c) of section 10, he shall be eligible for re-appointment when he shall have obtained his discharge or undertake to participate in all the meetings of the trust.

12. No act done or proceeding taken by a trust or a committee thereof appointed under this Act shall be questioned on account of any defect in the constitution of the trust or any vacancy in membership or any defect in the appointment of the chairman or trustee or any defect or irregularity of such act or proceedings not affecting the merits of the case. Disabilities of

trustee

removed

under section

10.

Defect or irregularity not to vitiate

proceedings.

PROCEEDINGS OF THE TRUST AND COMMITTEE

13. (1) (a) The trust shall ordinarily meet for the transaction of business at least once in every month at such time as it may fix :

Provided that the chairman may, whenever he thinks fit, and shall, upon the written request of not less than three trustees, call a special meeting.

(b) The quorum necessary for the transaction of business at an ordinary or special meeting shall not be less than four.

(c) At every meeting, the chairman, if he be present, or in his absence, such one of the trustees present, as may be chosen by the meeting, shall preside.

(d) All questions which come before any meeting shall be decided by a majority of the votes of the trustees present, the chairman of the meeting in the case of an equality of votes having a second or casting vote.

(e) Proceedings of the meeting along with the names of the trustees present at each meeting, shall be drawn up and recorded in a book to be kept for the purpose, shall be signed by the person presiding at the meeting or at the next ensuing meeting, and shall at all reasonable times and without charge be open to inspection by any trustee.

(2) No trustee shall be entitled to object to the minutes of any meeting unless he was present at the meeting to which they relate.

14. (1) The trust may associate with itself any person whose assistance or advice it may desire in carrying out any of the provisions of this Act in such manner and for such period as may be laid down in the regulations.

(2) A person associated with itself by the trust under sub-section

(1) for any purpose shall have a right to take part in the discussions of the trust related to that purpose, but shall not have a right to vote at meeting of the trust, and shall not be deemed to be a trustee.

15. (1) The trust may, from time to time, appoint committees of the trust consisting of such persons of any of the following classes as it may deem fit, namely :—

(i) trustees; Meetings of trust.

Temporary association of members with trust for

particular purpose.

Constitution and functions of committees.

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(iii) other persons whose services, assistance or advice the trust may desire as members of such committees :

Provided that no such committee shall consist of less than three persons, and that at least one trustee shall be a member thereof. (2)The trust may—

(a) refer to such committees, for enquiry and report, any matter relating to any of the purposes of this Act; and

(b) delegate to such committees by resolution and subject to any rules, any of the powers or duties of the trust.

(3) The trust may, at any time, dissolve, or subject to the provisions of sub-section (1), alter the constitution of any such committee.

(4) Every such committee shall conform to any instructions which are given to it from time to time by the trust. (5)All proceedings of any such committee shall be subject to confirmation by the trust.

(6) Any person associated with the trust under section 14 or appointed a member of a committee of the trust under clause (iii) of sub- section (1), shall be entitled to receive such remuneration either by way of monthly salary or by way of fees or partly in one of these ways and partly in the other, as the State Government may specify.

16. (1) Committees appointed under section 15 may meet and adjourn as they think proper; but the chairman of the trust may, whenever he deems fit, call a special meeting of any such committee, and shall do so upon the written request of not less than two members thereof.

(2) The chairman may attend any meeting of a committee appointed under section 15 whether he is a member of such committee or not, and shall preside at every such meeting at which he is present, if he be absent, any trustee present and being a member of such committee, as may be chosen in the meeting, shall preside :

Provided that in case only one trustee is present, he shall preside.

(3) All questions which come before any meeting of such committee shall be decided by a majority of the votes of the members present, the person presiding in case of an equality of votes shall have a second or casting vote.

Meetings of

committees.

20. The power of appointing, promoting and granting leave to officers and officials of the trust, and reducing, suspending or dismissing them for misconduct and dispensing with their services shall be such, as may be prescribed.

21. Subject to the provisions of this Act and the rules made thereunder, the chairman shall exercise supervision and control over the acts and proceedings of all the members of the trust services and other employees of the trust.

22. (1)The chairman may, by general or special order in writing, delegate to any officer of the trust any of the chairman's powers, duties or functions under this Act or any rule made thereunder except those conferred or imposed upon or vested in him by sections 24 and 98 respectively. (2)The exercise or discharge of any powers, duties or functions delegated to any officer under sub-section (1) shall be subject to such conditions and limitations, if any, as may be specified in the said order.

23. (1)The State Government may, by notification, delegate all or any of its powers under this Act, except the power to make rules. (2)The State Government may, by notification, delegate to any officer not below the rank of an Assistant Commissioner all or any of the powers conferred under this Act on the Deputy Commissioner. (3)Every delegation of power under sub-section (1) or sub- section (2) may be subject to such restrictions and conditions as may be specified.

24. (1)The chairman shall forward to the State Government, a copy of the minutes of the proceedings of each meeting of the trust, within ten days from the date on which the minutes of the proceedings of such meeting were signed as specified in clause (e) of sub-section (1) of section 13.

(2) If the State Government so directs, the chairman shall forward to it a copy of all papers which were laid before the trust for consideration at any meeting.

(3) The State Government may require the chairman to furnish it with—

Power of trust

to fix number

and salaries of

its official.

Power of

appointment.

Control by

chairman.

Delegation of

certain

chairman's

functions.

Delegation of

powers by

State

Government.

Supply of

information

and

documents to

State

Government.

(iii) creating new or improving existing means of communication and facilities for traffic; or

(iv) affording better facilities for conservancy, within its local area or part thereof, it is expedient to proceed to take action in public interest, the Director shall require the trust to accomplish its responsibility to meet the objectives of the scheme.

28. (1) The trust may, for the purpose of development of any locality within the municipal limits or contained in its local area, prepare a development scheme.

(2) The trust may, if it is of opinion that it is expedient and for the public advantage to promote and control the development of and to provide for the expansion of a committee in any locality adjacent thereto, within the local area of the trust, prepare an expansion scheme.

(3) A development scheme or an expansion scheme may provide for the layout of the locality to be developed, the purposes for which particular portions of such locality are to be utilized, the street alignment and the building line on each side of the streets proposed in such locality, the disposal of sewerage and storm water of insanitary localities and such other details as may appear desirable.

29. Whenever the trust deems it necessary that accommodation should be provided for persons who are displaced by the execution of any scheme under this Act, or are likely to be displaced by the execution of any scheme, which it intends to submit to the State Government for sanction under this Act, it may frame a re-housing scheme for the construction, maintenance and management of such scheme and as many dwellings and shops as ought in the opinion of the trust, to be provided for such persons.

30. Any resident house-owner who is likely to be displaced by the execution of any scheme under this Act, may apply to the trust to be re- housed, and no such scheme shall be put into execution until a re-housing scheme as provided for in section 29 for the re-housing of such resident house-owners as may apply under this section, has been completed.

Explanation.—The demolition of a portion of a dwelling which renders the remaining portion uninhabitable, shall be deemed to be a displacement of the person or persons residing in the said dwelling.

31. (1) A scheme under this Act may combine one or more types of schemes or any special features thereof.

Development

and expansion

scheme.

Re-housing

scheme.

Re-housing of

displaced

resident

house-owners.

Combination

of schemes.

34. (1) Should any building or part of a building project beyond the regular line of a street, either existing or determined on for the future, or beyond the front of the building on either side thereof, the trust may whenever such building or part thereof has been either entirely or subsequently taken down or burnt down or has fallen down, by written notice, require such building or part thereof when being rebuilt to be set back to or towards the said building line or the front of the adjacent buildings; and the portion of the land added to the street by such setting back or removal shall become part of the street and shall vest in the trust.

(2) The trust may on such terms as it may deem fit require or allow any building to be set forward for the improvement of the line of the street.

(3) When any building is set back or forward in pursuance of a requisition made under the preceding clause, the trust, shall forthwith make full compensation to the owner of the building for any damage or loss that he may sustain.

(4) If the additional land which is not a part of street and green space and is to be included in the premises of any person required or allowed to set forward, a building, or part thereof, belongs to the trust, the requisition or permission of the trust to set forward the buildings shall be sufficient conveyance to the said owner of the said land, and the terms and conditions of the conveyance shall be set forth in the said requisition or permission.

35. (1) In the locality comprised in a scheme under this Act, no person shall, except with the written permission of the trust, erect, re-erect, add to or alter any building so as to make the same project beyond a street alignment or building line duly specified by the trust.

(2) In the locality comprised in a development scheme, or an expansion scheme, if any person desires to erect, re-erect, add to or alter any building on his land so as to make the same project beyond a street alignment or a building line duly specified by the trust, he shall apply to the trust for permission to do so along with such fee and charges as may be fixed by the State Government from time to time.

Effect of

specifying a

street

alignment on

powers of

committee.

Power of trust

to set back or

forward

buildings

adjacent to

street

alignment.

Prohibition of

building

beyond a

street

alignment.

(2) In the locality comprised in a deferred street scheme, before proceeding to acquire any property affected by a street alignment duly specified by the trust other than property regarding which it has received a notice under preceding sub-section, the trust shall give six months notice to the owner of its intention to acquire the property.

37. (1) A scheme under this Act may be framed upon an official representation by the committee or of its own in consultation with Deputy Commissioner.

(2) An official representation referred to in sub-section (1) may be made by the committee on its own motion.

38. (1) The trust shall consider every official representation made under section 37 and if satisfied as to the truth thereof and as to the sufficiency of its own resources, shall decide whether a scheme under this Act to carry such representation into effect should be framed forthwith or not, and shall forthwith intimate its decision to the committee.

(2) If the trust decides that it is not necessary or expedient to frame a scheme under this Act forthwith, it shall inform the committee of the reasons for its decision.

(3) If the trust fails, for a period of twelve months after the receipt of any official representation made under section 37, to intimate its decision thereon to the committee that it is not necessary or expedient to frame a scheme of a type other than that recommended by the committee, the committee may, if it deems fit, refer the matter to the State Government.

(4) The State Government shall consider every reference made to it under sub-section (3) and —

(a) if it deems that the trust ought to have passed a decision within the period mentioned in sub-section (3), shall direct the trust to pass a decision within such further period as it may deem reasonable; or

(b) if it deems that it is expedient that a scheme should forthwith be framed, shall direct the trust to proceed forthwith to frame a scheme. Such a direction may specify the type of scheme to be framed. Acquisition

of property

affected by

deferred

scheme.

Official

representation.

Consideration

of official

representation.

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39. (1) When framing a scheme under this Act in respect of any locality, regard shall be given to—

(a) the nature and the condition of adjoining localities and of the town as a whole;

(b) the direction in which the town appears likely to expand;

(c) the claims of any other part of the local area likely to require a scheme under this Act;

(d) any direction, time to time issued by the State Government in this regard for the development and betterment of the locality.

(2) The trust shall prepare the scheme having regard to the land use specified in the plan of the town and in consultation with District Town Planner and submit the scheme in such manner along with documents, fee and charges as may be prescribed.

40. (1) When a scheme under this Act has been framed, the trust shall prepare and publish a notice stating—

(i) the fact that the scheme has been framed;

(ii) the boundaries of the scheme; and

(iii) the place at which details of the scheme including a statement of the land proposed to be acquired and a general map of the locality comprised in the scheme, may be inspected at reasonable hours.

(2) The trust shall—

(a) notwithstanding anything contained in section 82, cause the said notice to be published in the Official Gazette and in at least one regional and one national newspaper with a statement that objections shall be received within a period of thirty days; and

(b) send a copy of notice to the committee.

(3) The Chairman shall cause copies of all documents referred to in clause (iii) of sub-section (1) to be delivered to any applicant on payment of such fees, as may be prescribed.

41. The committee to whom a copy of a notice has been sent under clause (b) of sub-section (2) of section 40 shall, within a period of thirty Matters to be

considered

when framing

improvement

scheme.

Preparation,

publication

and

transmission

of notice.

Transmission

to trust of

representation

by committee.

(2) If a scheme returned for reconsideration under sub-section

(1) is modified by the trust, it shall be re-published in accordance with section 40—

(a) in every case in which the modification affects the boundaries of the locality comprised in the scheme, or involves the acquisition of any land not previously proposed to be acquired; and

(b) in every other case, unless the modification is in the opinion of the State Government not of sufficient importance to require republication.

46. (1) The State Government shall notify the sanction of every scheme under this Act, and the trust shall forthwith proceed to execute such scheme, provided that it is not a deferred street scheme, development scheme or expansion scheme and provided further that the requirements of section 31 have been fulfilled.

(2) A notification under sub-section (1) in respect of any scheme shall be conclusive evidence that the scheme has been duly framed and sanctioned :

Provided that no notification in respect of sanction of a scheme shall be issued after the expiry of the three years from the date of publication of notice relating to that scheme under section 40.

47. The trust, with the prior approval of the State Government, may make minor alteration/adjustment in the scheme necessitated during the execution due to bonafide technical errors in surveys and not affecting the original character of the scheme. A scheme under this Act may be altered by the trust at any time between its sanction by the State Government and its execution with prior approval of the State Government :

Provided as follows —

(a) if any alteration is estimated to increase the estimated net cost of executing a scheme by twenty per cent of such cost, such alteration shall not be made without the prior approval of the State Government;

(b) if any alteration involves the acquisition, otherwise than by agreement of any land, the acquisition of which has not been sanctioned by the State Government, the Power to

sanction, reject

or return

scheme.

Notification of

sanction of

scheme.

Alteration of

scheme after

sanction.

(a) lay out and make a new public street and construct drains and other works subsidiary to the same;

(b) widen, lengthen, extend, enlarge, raise the level of or otherwise improve any existing public street, if vested in the trust;

(c) turn, divert, discontinue or close any public street so vested;

(d) provide within its discretion building sites of such dimensions as it deems fit, to abut on or adjoin any public street made, widened, lengthened, extended, enlarged, improved, or the level of which has been raised by the trust under clauses (a), (b) and (c) or by the State Government; and

(e) subject to the provisions of any rule prescribing the conditions on which property vested in the trust may be transferred, lease, sell or otherwise dispose of, any land used by the trust for a public street and no longer required therefor, and in doing so impose any condition as to the removal of any building existing thereon, as to the description of any new building to be erected thereon, as to the period within which such new building shall be completed and as to any other matter that it deems fit.

(2) Whenever the trust discontinues the public use of, or permanently closes, any street vested in it, or any part thereof, it shall pay reasonable compensation to every person who had an easement or right of way or light and air over, upon or from such street or part, and who by such discontinuance or closure has suffered special damage.

(3) In determining the compensation payable to any person under sub-section (2), the trust shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other street at or about the same time that the public street or part thereof, on account of which the compensation is paid, is discontinued or closed.

54. (1) The provisions of sections 108 ,109, 110, 111, 112, 113,

114, 119, 120, 121, 122, 123, 124, 125, 126, 127, 132 , 133, 134, 135,

136, 137, 138, 139, 140, 141, 142, 143, 157, 158, 159, 160, 161, 162,

165, 166, 167, 168, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182,

186, 187, 188, 189, 190, 191, 192, 193, 194, 201, 203, 204, 205, 206,

Power to

make and deal

with public

street.

Power under

Municipal Act

vested in trust.

Provided that the aggregate amount of the contribution so recovered shall not exceed fifty percent of the maximum increase in value during the aforesaid terms of years as ascertained under this Act.

57. The betterment contribution in respect of each property shall be according to the following principles :—

(a) its market value on the date of the publication of the notification sanctioning the scheme shall be estimated without reference to the improvement and developments contemplated in the scheme;

(b) for each financial year, succeeding the year in which the scheme takes effect, its market value on the first day of April of that year shall be ascertained by the chairman;

(c) if, in any financial year, the market value estimated under clause (b) does not exceed that estimated under clause (a), no betterment contribution shall be levied for that year;

(d) if, in any financial year, the estimated market value under clause (b) exceeds that estimated under clause (a), the trust shall levy a betterment contribution on the difference according to the percentage fixed in the scheme:

Provided that in estimating the market value of land under clause (a) or under clause (b), the value of buildings or other works erected or in the course of erection on such land shall not be taken into consideration;

(e) if, in the last three successive financial years, the estimated market value, under clause (b) does not exceed or exceed on the normal average rate in comparison with other similar property situated in the vicinity of the property but beyond the betterment effect of the scheme that estimated under clause (a), no betterment contribution shall be levied for that year and henceforth.

58. (1) The betterment contribution due on any property shall, subject to the prior claim thereon of the State Government, be a first Power to levy

betterment

contribution.

Principles for

calculating

betterment

contribution.

Assessment

and collection

of betterment

contribution.

(ii) make such payments as it may deem fit from the said funds by way of subsidy to persons undertaking to provide, maintain and work any means of roads/streets and its furniture and any other development work; or

(b) either singly or in combination with any other person construct, maintain work of roads/streets and its furniture and any other development work, under the provisions of any law applicable thereto; or

(c) construct or widen, strengthen or otherwise improve bridges:

Provided that no guarantee or subsidy shall be made under clause (a), no roads/streets and its furniture and any other development work shall be constructed, maintained or worked under clause (b), without the previous sanction of the State Government.

61. The trust may, with the approval of Deputy Commissioner -

(a) cause a survey of any land to be made whenever it considers that a survey is necessary or expedient for carrying out any of the purposes of this Act; or

(b) contribute towards the cost of any such survey made by any other local authority.

62. (1) The chairman or any person authorized by him or by the trust in writing may, with or without assistants or workmen, enter into or upon any land in order—

(i) to make any inspection, survey, measurement, valuation or enquiry;

(ii) to take levels;

(iii) to dig or bore into sub-soil;

(iv) to set out boundaries and intended lines of work;

(v) to mark such levels, boundaries and lines by marks and cutting trenches; or

Power to

make surveys

or contribute

towards their

cost.

Power of

entry.

Provided that the civil court shall not entertain the

application of any claimant who has not applied to the trust for compensation within three months of the date on which his claim to compensation accrued.

(2) The provisions of sections 5, 6 and 12 of the Limitation Act, 1963 (Act 36 of 1963), shall be applicable in determining whether any claim shall be entertained.

(3) If a reference to the civil court be not made within the period specified in sub-section (1), the decision of the trust shall be final.

64. (1) Whenever the committee is satisfied—

(a) that any street laid out or altered by the trust has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the plans sanctioned by the State Government under this Act;

(b) that such lamps, lamp-posts, and other apparatus as the committee deem necessary for the lighting of such street and as ought to be provided by the trust have been so provided;

(c) that water and other sanitary conveniences ordinarily provided in a committee have been duly provided in such street, the committee after obtaining the assent of the trust, or failing such assent, the assent of the State Government under sub-section (3), shall by notice, affixed in some conspicuous place in such street, declare the street to be a public street and the street shall thereupon vest in, and shall thenceforth be maintained, kept in repair, lighted and cleansed by the committee.

(2) When any open space for purposes of ventilation or recreation has been provided by the trust in executing any scheme under this Act, it shall, on completion, be transferred to the committee by resolution of the trust and shall thereupon vest in and shall thenceforth be maintained, kept in repair, lighted and cleansed by the committee:

Vesting in

committee of

streets laid out

or altered and

open spaces

provided by

trust under a

scheme.

Explanation.— Any person so empowered shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Act 45 of 1860).

(2) The Deputy Commissioner or the person empowered by the State Government under sub-section (1) may record in writing for the consideration of any such trust any observations that he may think proper in regard to the proceedings or duties of the trust.

(3) Every trust shall submit such periodical reports to the Deputy Commissioner or other authority as the State Government may direct.

66. The Deputy Commissioner may, by order in writing, duly supported with reasons, suspend the execution of any resolution or order of a trust or prohibit the doing of any act which is about to be done or is being done in pursuance of or under the provisions of this Act, or in pursuance of any sanction or permission granted by the trust in the exercise of its powers under this Act, if, in his opinion the resolution, order or act is in excess of the powers conferred by law or contrary to the interests of the public or likely to cause waste or damage of trust funds or property, or the execution of the resolution or order, or the doing of the act, is likely to lead to a breach of the peace, to encourage lawlessness or to cause injury or annoyance to the public or to any class or body of persons.

67. (1) When the Deputy Commissioner, after due enquiry, is satisfied that a trust has made default in performing any duty imposed upon it by this Act, or by any order or rule made under this Act, he may, by an order in writing, duly supported with reasons, fix a period for the performance of the duty; and, should it not be performed within the period so fixed, he may appoint some person to perform it, and may direct that the expense thereof shall be paid, within such time as he may fix, by the trust.

(2) Should the expense be not so paid, the Deputy Commissioner may make an order directing the person having the custody of the balance of the trust fund to pay the expense, or so much thereof, as may from time to time be possible, from that balance in priority to all other charges against the same.

68. When the Deputy Commissioner makes any order under section 66 or section 67, he shall forthwith forward to the State Government a copy thereof, with a statement of reasons for making it and a copy to the Power to

suspend any

resolution or

order.

Power to provide

for performance

of duties in case

of default.

Action of Deputy

Commissioner to

be immediately

reported.

(i) to pay the said sum three years after the date of the agreement; or

(ii) to leave the said sum outstanding as a charge on his interest in the land, subject to the payment of interest at a rate to be agreed upon by such person and the trust until the said sum has been paid in full and to make the first annual payment of such interest four years after the date of the agreement :

Provided that the trust may, at any time before the Collector has taken possession of the land under section 16 of the Land Acquisition Act, accept immediate payment of the said sum instead of an agreement as aforesaid.

(5) When any agreement has been executed in pursuance of sub-section (4) or when any payment has been accepted in pursuance of the proviso to that sub-section in respect of any land, proceedings for the acquisition of the land shall be deemed to have been abandoned.

(6) Every payment due from any person under any agreement executed under sub-section (4), shall be a charge on the interest of that person.

(7) If any instalment of interest payable under an agreement executed in pursuance of clause (ii) of sub-section (4) be not paid on the due date, the sum fixed by the trust under sub-section (3) shall be payable on that date, in addition to the said instalment.

(8) At any time after an agreement has been executed in pursuance of clause (ii) of sub-section (4), any person may pay in full the charge created thereby, with interest, at the agreed rate, up to the date of such payment.

(9) When an agreement in respect of any land has been executed by any person in pursuance of sub-section (4), no suit with respect to such agreement shall be brought against the trust by any other person (except an heir, executor or administrator of the person first aforesaid) claiming to have an interest in the land.

CHAPTER IX

RULES

77. (1) The State Government may make rules consistent with the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for—

(i) fixing the fees payable for copies of or extracts from the committee records furnished to the chairman under section 43;

(ii) as to the service, employment, payment, suspension, removal and leave etc. of the officers and officials of the trust under sections 18, 19 and 20;

(iii) as to the intermediate office or offices (if any), through which correspondence between the trust and the State Government or official of the Government shall pass;

(iv) as to the accounts to be kept by the trust, as to the manner in which such accounts shall be audited and published, and as to the powers of auditors in respect of his allowance and surcharge;

(v) as to the authority by whom, the conditions subject to which and the mode in which contracts may be entered into and executed on behalf of the trust;

(vi) as to the preparation of estimates of income and expenditure of the trust and as to the authority by whom and the conditions subject to which such estimates may be sanctioned;

(vii) as to the returns, statements, and reports to be submitted by trust;

(viii) as to specify and define the mutual relations to be observed between the trust and other local authorities in any matter in which they are jointly interested;

(ix) regulating the grant of leave of absence, leave allowances and acting allowances to the officers and officials of the trust;

Power of State

Government

to make rules.

(i) fixing the amount of security to be furnished by any officer and officials of the trust;

(ii) associating members with the trust under section 14;

(iii) appointing persons (other than trustees and persons associated with the trust under section 14) to be members of committee under section 15;

(iv) regulating the delegation of powers or duties of the trust to committees or to the chairman;

(v) the guidance of persons employed by it under this Act;

(vi) generally for carrying out the purposes of this Act.

79. (1) The chairman shall cause all rules made under section 77 and regulation, made under section 78 and for the time being in force, to be printed and shall cause printed copies thereof to be delivered to any applicant on payment of such price as may be fixed.

(2) Notice of the fact of copies of rules being obtainable at the said price and of the place where and the person from whom the same are obtainable shall be given by the chairman by advertisement in a newspaper.

80. The State Government may, after previous publication of its intention to do so, cancel any regulation made by the trust which it has sanctioned, and thereupon the regulation shall cease to have effect.

CHAPTER X

PROCEDURE AND PENALTIES

81. (1) Every notice or bill issued under this Act shall be signed by the chairman, or by any other trustee or any officer, or official of the trust, specially or generally authorized by the trust, or so authorised by the chairman under sub-section (1) of section 22.

(2) No notice issued by the trust under this Act or any rule or bye-law made thereunder shall be invalid for defect of form.

82. Subject to the provisions of this Act, every public notice required under this Act shall be deemed to have been duly given if it is published in some local newspaper and pasted upon a notice board to be exhibited for public information at the building in which the meetings of the trust are ordinarily held.

Printing and

sale of copies

of rules.

Power of State

Government

to cancel

regulations.

Stamping

signature on

notices or

bills.

Method of

giving public

notice.

(a) by giving or tendering the registered notice or bill, or sending it by registered post, to the person to whom it is addressed; or

(b) if such person cannot be found, then by leaving the notice or bill at his last known place of abode, if within municipal limits, or by giving or tendering it to some adult male member or servant of his family, ordinarily residing with him, or by causing it to be affixed on some conspicuous part of the building or land (if any), to which it relates.

(2) When a notice is required or permitted under this Act to be served upon an owner or occupier, as the case may be, of a building or land, it shall not be necessary to name the owner or occupier therein, and the service thereof, in case not otherwise specially provided for in this Act, shall be effected either —

(a) by giving or tendering the notice, or sending it by post, to the owner or occupier, or if there be more owners or occupiers than one, to any one of them; or

(b) if such owner or occupier cannot be found, then by giving or tendering the notice to an adult male member or servant of his family ordinarily residing with him or by causing the notice to be affixed on some conspicuous part of the building or land to which it relates.

(3) Whenever the person on whom a notice or bill is to be served is a minor, service upon his guardian or upon an adult male member or servant of his family ordinarily residing with him shall be deemed to be service upon the minor.

84. Where under this Act or a notice issued thereunder, the public or any person is required to do or to refrain from doing anything, a person who fails to comply with such requisition shall, if such failure is not an offence punishable under any other section, be liable on conviction to a fine of five thousand rupees for very such failure, and, in the case of a continuing breach, to a further fine which may extend to five hundred Service of

notice.

Disobediance

to Act or to

notice.

39

Provided that when the notice fixes a time within which a certain act is to be done and no time is specified in this Act, it shall rest with the competent court to determine whether the time so fixed was a reasonable time within the meaning of this Act.

85. If a notice has been given under this Act to a person requiring him to execute a work in respect of any property, movable or immovable, public or private, or to provide or do or refrain from doing anything within a time specified in the notice, and if such person fails to comply with such notice, then the trust may after giving six hours notice cause such work to be executed or such thing to be provided or done, and may recover all expenses incurred by it on such account from the said person as arrears of land revenue.

86. (1) If the person to whom the notice mentioned in section 85 has been given is not the owner of the property in respect of which it is given, the trust may (whether any action or other proceedings has been brought or taken against such owner or not) require the person (if any), who occupies such property or a part thereof under such owner, to pay to the trust instead of to the owner, the rent payable by him in respect of such property, as it falls due, up to the amount recoverable from the owner under section 85; and any such payment made by the occupier to the trust shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been made to the owner of the property.

(2) For the purpose of deciding whether action should be taken under sub-section (1), the trust may require an occupier of property to furnish information as to the sum payable by him as rent on account of such property and as to the name and address of the person to whom it is payable, and if the occupier refuses to furnish such information, he shall be liable for the whole of the expenses as if he were the owner.

(3) All money recoverable by the trust under this section shall be recoverable as the arrear of land revenue.

87. Whenever default is made by the owner of a building or land in the execution of a work required under this Act to be executed by him, the occupier of such building or land may, with the approval of the trust, cause such work to be executed and the expense thereof shall in the absence of any contract to the contrary, be paid to him by the owner or the amount may be deducted out of the rent from time to time becoming due from him to such owner.

Power to

execute works

on failure to

comply with

notice.

Liability of

occupier to

pay in default

of owner.

Right of

occupier to

execute works

in default of

owner.

(2) The court upon proof of such refusal may, by order in writing, require the occupier to give the owner reasonable facility for executing such works, with respect to such building or land, as may be necessary for compliance with the notice, and may also, if it deems fit, order the occupier to pay to the owner the costs relating to such application or order.

(3) If, after the expiration of eight days from the date of court's order, the occupier continues to refuse to allow the owner to execute such work, the occupier shall be liable upon conviction, to a fine which may extend to one hundred rupees for every day during which he has so continued to refuse.

(4) Every owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in the execution of such work.

89. When the occupier of a building or land has, in compliance with a notice issued under this Act, executed a work for which the owner of such building or land is responsible either in pursuance of the contract of tenancy or by law, he shall, in the absence of any contract to the contrary, be entitled to recover from the owner by deduction from the rent payable by him or otherwise the reasonable cost of such work.

90. The expenses incurred by the trust in effecting any removal under section 182 of the Municipal Act, or, in the event of a written notice under section 140 of that Act not being complied with under section 85 of this Act, shall be recoverable by sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be recoverable from the owner of the said materials as arrears of land revenue.

91. (1) When a person, by reason of his receiving, or being entitled to receive, the rent of immovable property as trustee or agent of a person or society would, under this Act, be bound to discharge an obligation imposed by this Act on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligations unless he has, or but for his own improper act or default might have had, in his hands funds belonging to the owner sufficient for the purpose.

Procedure

upon

opposition to

execution by

occupier.

Recovery of

cost of work

by occupier.

Recovery of

expenses of

removal.

Relief to

agents and

trustees.

41

92. If any person, without lawful authority—

(a) removes any fence, or any timber used for propping or supporting any buildings, wall or other thing, or extinguishes any light set up at any place where the surface of a street or other ground has been opened or broken up by the trust for the purpose of carrying out any work; or

(b) infringes any order given, or removes any bar, chain or post fixed by the trust for the purpose of closing any street to traffic,

he shall be punishable with fine which may extend to five hundred rupees.

93. If any person, without the permission of the trust erects, re- erects, adds to or alters any buildings so as to make the same project beyond a street alignment or building line specified by the trust or erects, re-erects, adds to or alters any building in contravention of sections 34 or 35, the chairman may, by a written notice,—

(a) direct that the building, alteration or addition be stopped; and

(b) require such building, alteration or addition to be altered or demolished as he may deem necessary.

94. If any person—

(a) obstructs, molests any person with whom the trust has entered into a contract in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act; or

(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorized under this Act,

shall be punishable with fine which may extend to two thousand rupees or with imprisonment for a term which may extend to two months. Penalty for

removing

fence in street.

Power to

prevent or

demolish

building in

contravention

of sections 34

and 35.

Penalty of

obstructing

contractor or

removing

mark.

SUPPLEMENTAL PROVISIONS

95. Every trustee, and every officer and official of the trust, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Act 45 of 1860).

96. The trust shall be liable to pay such contributions for the leave allowances, gratuity and pension of any official of the State Government employed as chairman or as an officer or official of the trust, as may be required by the conditions of his service under the State Government to be paid by him or on his behalf.

97. Unless otherwise expressly provided, no court shall take cognizance of any offence punishable under this Act, except on the complaint of or upon information received from the trust or some person authorised by the trust by general or special order in this behalf.

98. The chairman may, subject to the control of the trust—

(i) institute, defend or withdraw from legal proceedings under this Act;

(ii) compound any offence as may be prescribed;

(iii) admit, compromise or withdraw any claim made under this Act; and

(iv) obtain such legal advice and assistance as he may from time to time deem it necessary or expedient to obtain, or as may be desired by the trust to be obtained, for any of the purposes referred to in the foregoing clause of this section, or for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the trust or any officer or official of the trust.

99. No suit or other legal proceedings shall lie against the trust, or any trustee, or any officer or official of the trust, or any person acting under the direction of the trust or of the chairman or of any officer or official of the trust for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or rules or regulations made thereunder.

100. (1) No suit shall be instituted against the trust or any trustee, or any person associated with the trust under section 14 or any member of a committee appointed under section 15 or any officer or officials of the trust, or any person acting under the direction of the trust or of the chairman Trustees, etc.

deemed public

servants.

Contributions

by trust

towards leave

allowances.

Authority for

prosecutions.

Powers of

chairman as to

institute legal

proceedings.

Indemnity.

Notice of suit.

43

(2) If the trust or other person referred to in sub-section (1), before the action is commenced, have tendered sufficient amounts to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered and shall also pay all costs incurred by the defendant after such tender.

(3) No action such as is described in sub-section (1), shall, unless it is an action for the recovery of immovable property or for a declaration of the title thereto, be commenced otherwise than within a period of six months next after the accural of the cause of action :

Provided that nothing in sub-section (1) shall be construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the commencement of the suit or proceedings.

101. A copy of any receipt, application, plan, notice, order, entry in a register or other documents in the possession of the trust shall, if duly certified by the legal keeper thereof, or other person authorized by the trust in this behalf, be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent, as the original entry or document would, if produced, have been admissible to prove such matters.

102. No trustee or officer or official of the trust shall in any legal proceeding to which the trust 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.

103. (1) No act done or proceeding taken under this Act shall be questioned on the ground merely of—

(a) the existence of any vacancy in, or any defect in the constitution of the trust or any committee; or Mode of proof

of trust

records.

Restriction

on the

summoning of

trust officials.

Validation of

acts and

proceedings.

(c) for the purpose of completing the execution of any scheme, sanctioned under this Act which has not been fully executed by the trust, and of realizing properties, funds and dues referred to in clause (b), the functions of the trust and the chairman under this Act shall be discharged by such authority as the State Government may, by notification, specify; and

(d) the authority referred to in clause (b) shall keep separate accounts of all moneys respectively received and expended by it under this Act, until all loans raised thereunder have been repaid and until all other liabilities referred to in clause (b) have been duly met:

1 [Provided that where a trust has been dissolved under sub-section (1) within the territorial jurisdiction of a municipality and the properties, funds and dues have vested in the Government, it may transfer the property, funds and dues of the dissolved trust to the municipality which shall also bear all the legal liabilities of the trust subsisting at the date of its dissolution and further the employees of such trusts whose properties, funds and dues have been transferred to the

municipality, after dissolution, shall be transferred to other trusts on any post carrying same scale of pay.]

(3) All properties, funds and dues, which had vested in the authority and had become realizable by the authority on the dissolution of the trust and all liabilities which were enforceable against the authority before the commencement of this Act, shall re-vest in the State Government and be realizable and enforceable through such authority as the State Government may, by notification, specify and such authority shall discharge the function of completion of the sanctioned schemes.

(4) After all functions referred to in clause (c) of sub-section (2) or sub-section (3) have been duly discharged —

(a) the properties, funds and dues vested in or realizable by the State Government through such authority as the

1. Inserted by Haryana Act 14 of 2013.

(3) of this section, may by order transfer such employees as are, in its opinion, required for the execution of any such scheme or for due discharge of obligation by the reconstituted trust.

106. (1) The Punjab Town Improvement Act, 1922 (Act 4 of 1922), in its application to the State of Haryana, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken or any proceeding instituted under the Act so repealed and the rules made thereunder, shall be deemed to have been done or taken or instituted under this Act.

(3) All references in any enactments to any of the provisions of the Act so repealed shall be construed as reference to the provisions of this Act.

(4) The Punjab Town Improvement Rules framed under the Punjab Town Improvement Act, 1922 (Act 4 of 1922), as applicable to the State of Haryana, not inconsistent with the provisions of this Act, shall be deemed to have been framed under this Act till new rules are framed under this Act.

1 [107. Notwithstanding anything contained in sub-section (1) of section 105 of the Haryana Town Improvement Act, 2008, the authorities specified to realize all properties, funds and dues, to enforce liabilities and to complete sanctioned schemes of the dissolved Improvement Trust as mentioned in the Schedule of the Haryana Government, Urban Local Bodies Department, Notification No. 1/76/2009-1CII, dated the 11th June, 2010 in exercise of the powers conferred by clause (c) of sub- sections (2) and (3) of section 105 of the Haryana Town Improvement Act, 2008, shall be deemed to have been validly specified notwithstanding notification under sub-section (1) of section 105 having not been issued, and the trusts shall be deemed to have been validly dissloved under sub- section (1) of section 105 and in accordance with the provisions of the said Act and accordingly all acts, proceedings or things done or actions taken or which may be done or taken by the said authorities and by the State Government for the whole of the State of Haryana shall, for all purposes, be deemed to be, and to have always been done and taken in accordance with law and shall not be called in question before any court of law on this ground.]

——————

Repeal and

savings.

Validation.

1. Added by Haryana Act 14 of 2013.