[28
OF 2023] [03rd
October 2023] AN ACT to develop a vision
for the continued, sustained and balanced growth of the Sonipat Metropolitan
Area through quality of life and reasonable standard of living provided to
residents through generation of employment opportunities, to provide for
integrated and coordinated planning, infrastructure development and provision
of urban amenities, mobility management, sustainable management of the urban
environment and social, economic and industrial development, to redefine the
urban governance and delivery structure in coordination with local authorities
in the context of the emergence of Sonipat as a rapidly expanding urban
agglomeration, to establish a statutory Authority for the said purpose and for
matters connected therewith or incidental thereto. Be it enacted by the
Legislature of the State of Haryana in the Seventy-fourth Year of the Republic
of India as follows:- (1)
This Act may be called the Sonipat
Metropolitan Development Authority Act, 2023. (2)
It shall come into force on such date, as the
State Government may, by notification, appoint and different dates may be
appointed for different provisions of this Act and any reference in any such
provision of this Act to the commencement of this Act shall be construed as a
reference to the coming into force of that provision. (1)
In this Act, unless the context otherwise
requires,- (a)
"Authority" means the Sonipat
Metropolitan Development Authority established under sub-section (1) of section
4; (b)
"board" means a board established
by or under any State law; (c)
"Chief Executive Officer" means
Chief Executive Officer of the Authority appointed under sub-section (1) of
section 9; (d)
"company" means a company
registered under the Companies Act, 2013 (Central Act 18 of 2013); (e)
"Corporate Social Responsibility
Policy" means a policy as approved by the board under the provisions of
clause (a) of sub-section (4) of section 135 of the Companies Act, 2013
(Central Act 18 of 2013); (f)
"geospatial based system" means
processes and technology used to acquire, manipulate, plan and store datasets
and information that identifies geographic location, characteristics and other
attributes of natural or constructed features in the notified area and includes
- (i)
boundaries of natural or constructed features
and jurisdictions; (ii)
statistical data; (iii)
information derived from, among other things,
mapping, remote sensing and surveying technologies; (g)
"Haryana Shehri Vikas Pradhikaran"
means the Haryana Shehri Vikas Pradhikaran constituted under sub-section (1) of
section 3 of the Haryana Shehri Vikas Pradhikaran Act, 1977 (13 of 1977); (h)
"infrastructure development plan"
means the infrastructure plan published under sub-section (5) of section 17; (i)
"infrastructure development work"
means development of infrastructure such as roads, water supply systems and
water treatment, sewerage systems, sewerage treatment and disposal, drainage,
electricity transmission and distribution systems, solid waste management
facility, metro railway systems, piped natural gas, communications or such
other urban infrastructure which connects two or more sectors, municipal
colonies or villages or which provides for the infrastructure needs of the
notified area, but does not include any internal development work; (j)
"internal development work" means
development of roads, provision of water supply, sewerage, drainage,
electricity, sanitation or such other urban facilities or urban amenities
within a sector, colony, municipal colony or abadi deh areas of villages
located in the notified area; (k)
"limited liability partnership"
means a limited liability partnership incorporated under the Limited Liability
Partnership Act, 2009 (Central Act 6 of 2009); (l)
"local authority" means a Municipal
Corporation, Municipal Council, Municipal Committee, Gram Panchayat, Panchayat
Samiti or Zila Parishad, as the case may be, in the notified area; (m)
"mobility" means movement of person
on foot or a wheeled conveyance of any description; (n)
"mobility management plan" means
the mobility management plan approved under sub-section (5) of section 21; (o)
"notification" means a notification
published in the Official Gazette of the State of Haryana; (p)
"notified area" means the Sonipat
Metropolitan Area notified under sub-section (1) of section 3; (q)
"prescribed" means prescribed by
rules made under this Act; (r)
"regulations" means regulations of
the Authority under this Act; (s)
"resident" means a citizen of India
who ordinarily resides in the notified area; (t)
"Residents Advisory Council" means
the Residents Advisory Council constituted under section 11; (u)
"State Government" means the
Government of the State of Haryana; (v)
"transferable development right"
means a certificate granting the right to the authorized holder of the
certificate to construct up to a floor area mentioned in the certificate which
the authorized holder may transfer, on such general terms and conditions and
after such sanction in accordance with policy notified by the State Government,
to another person or company or other agency upon which the right to construct
shall transfer to such person or company or other agency; (w)
"urban area" for the purposes of
this Act includes rural areas in the periphery of the Municipal Corporation,
Sonipat which, in the opinion of the State Government, have the potential of
being urbanised; (x)
"urban amenities" means urban
facilities such as parks, playgrounds, green spaces, parking facilities, public
wi-fi facilities, public bus transport, bus shelters, taxi and rickshaw stands,
libraries, affordable hospitals, cultural centres, recreation centres, stadium,
sports complex and any other urban facility that the State Government may, on
the recommendation of the Authority, specify to be an urban amenity, but does
not include infrastructure development work; (y)
"urban environment" includes water,
air, green spaces, open spaces and urban forestry in the notified area. (2)
Words and expressions used and not defined
herein but defined in the Haryana Scheduled Roads and Controlled Areas
Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963) or
Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975) or the
Haryana Municipal Corporation Act, 1994 (16 of 1994) and not inconsistent with
this Act shall have the meanings respectively assigned to them in that Act. (1)
The State Government may, by notification,
declare any area falling within the limits of controlled areas in Sonipat
district to be notified area having the potential for urban expansion and the
area under any or all of the following local authorities, namely:- (a)
Municipal Corporation, Sonipat; (b)
any Panchayat in Sonipat district in so far
as the abadi deh of such Panchayat is concerned. (2)
The State Government shall cause the contents
of the declaration made under sub-section (1) to be published in at least two
daily newspapers printed in English and Hindi languages. (3)
The declaration made under sub-section (1)
shall be published on the website of the Authority. (1)
The State Government shall, by notification
and with effect from such date, as may be specified in the notification,
establish, for the purposes of this Act, an Authority to be called the Sonipat
Metropolitan Development Authority. (2)
The Authority shall be a body corporate by
the name aforesaid, having perpetual succession and a common seal, with power,
subject to the provisions of this Act, to acquire, hold and dispose off
property, both movable and immovable and to contract and shall, by the said
name, sue or be sued. The Authority shall consist
of the following members, namely:- (a)
Chief Minister of Haryana, Chairperson; (b)
Minister Incharge Town and Country Planning,
ex-officio member; (c)
Minister Incharge Urban Local Bodies,
ex-officio member; (d)
Minister Incharge Transport, ex-officio
member; (e)
Members of Parliament representing the
parliamentary constituency falling within the notified area, ex-officio
members; (f)
Members of the State Legislature representing
assembly constituencies falling within the notified area, ex-officio members; (g)
Mayor of the Municipal Corporation, Sonipat,
ex-officio member; (h)
Senior Deputy Mayor of the Municipal
Corporation, Sonipat, ex-officio member; (i)
Chairman of the Zila Parishad, Sonipat,
ex-officio member; (j)
Additional Chief Secretary or Principal
Secretary, as the case may be, Town and Country Planning Department, ex-officio
member; (k)
Additional Chief Secretary or Principal
Secretary, as the case may be, Urban Local Bodies Department, ex-officio
member; (l)
such officers of the State Government, not
below the rank of Principal Secretary, not exceeding six, as the State
Government may, from time to time, nominate, ex-officio members; (m)
such experts, not exceeding six, as the State
Government may, from time to time, nominate from the field of urban
infrastructure, governance, public administration, finance, management, urban
forestry, environment, engineering, town planning etc., members; (n)
Director, Town and Country Planning
Department, ex-officio member; (o)
Divisional Commissioner, Sonipat, ex-officio
member; (p)
Commissioner of the Municipal Corporation,
Sonipat, ex-officio member; (q)
Commissioner of Police, Sonipat, ex-officio
member; (r)
Deputy Commissioner, Sonipat, ex-officio
member; (s)
Chief Executive Officer, ex-officio member. (1)
The members, other than ex-officio members,
shall receive such allowances for attending the meetings of the Authority, as
may be prescribed. (2)
Where a person becomes or is nominated as a
member of the Authority by virtue of holding an office or a position, he shall
cease to be a member of the Authority as soon as he cease to hold such office
or position, as the case may be. (3)
A member, other than an ex-officio member
may, at any time, by writing under his hand, addressed to the Chairperson,
resign from his office. (1)
The Authority shall meet at such time, at
such place and subject to provisions of sub-sections (2) and (3), observe such
rules of procedure for conduct of meetings and transaction of business, as may
be prescribed. (2)
At every meeting of the Authority, the
Chairperson, if present or in his absence, any one of the members, whom the
members present may elect, shall preside. (3)
All questions at a meeting shall be decided
by a majority of votes of the members present and in case of equality of votes,
the Chairperson or the member presiding, as the case may be, shall have a
second or casting vote. (4)
The Chief Executive Officer shall maintain
records of the meetings of the Authority in such manner, as may be prescribed. (1)
The Authority may delegate any of its powers,
other than the powers in sub-section (2), to an executive committee constituted
from amongst its members, as the Chairperson may decide and all decisions of
the executive committee shall have the same effect as if taken by the Authority
under this Act: Provided that the executive
committee shall include not less than three members of the Authority nominated
under clause (m) of section 5. (2)
The Authority shall not delegate to the
executive committee the following powers, namely:- (a)
to prepare and publish the infrastructure
development plan under sub-section (5) of section 17; (b)
to approve the mobility management plan under
sub-section (4) of section 21; (c)
to approve the plan for sustainable
management of the urban environment under section 23; (d)
to approve the budget of the Authority under
section 39; (e)
to make, amend or repeal any regulation under
section 58. (1)
The State Government shall, by notification,
appoint an officer of the State Government not below the rank of Secretary as
Chief Executive Officer. (2)
The Chief Executive Officer shall be paid out
of the Fund of the Authority, such monthly salary and such monthly allowances
with such other facilities, as may from time to time be fixed by the State
Government. (3)
Whenever the Chief Executive Officer is on
leave or is unable to discharge his duties, the State Government may appoint
another officer in his place to exercise the powers of the Chief Executive
Officer until his return. (1)
The Authority may appoint such officers and
other staff, in such manner and with such qualifications, as may be prescribed. (2)
The salary, allowances payable to and the
other terms and conditions of service of officers and other staff of the
Authority shall be such, as may be prescribed. (3)
The Chief Executive Officer may appoint, in
such manner, for such temporary period and on such terms and conditions, such
other staff, as it may consider necessary for the efficient performance of its
functions, as may be specified by regulations. (1)
There shall be a Residents Advisory Council
to advise the Authority and provide guidance on the exercise of its powers and performance
of its functions. (2)
The Residents Advisory Council shall consist
of the Chief Executive Officer, who shall preside over the meetings of the
Council and the following members, namely:- (a)
Commissioner of the Municipal Corporation,
Sonipat, ex-officio member; (b)
Commissioner of Police, Sonipat, ex-officio
member; (c)
Deputy Commissioner, Sonipat, ex-officio
member; (d)
Chief Administrator of the Haryana Shehri
Vikas Pradhikaran or an officer not below the rank of Administrator, to be
nominated by the Chief Administrator, ex-officio member; (e)
such officers of the Authority, not exceeding
four, as the Chief Executive Officer may, from time to time, nominate,
ex-officio members; (f)
such officers, not exceeding three, of the
State Government or any board or company or any agency wholly owned by the
State Government and having their headquarters in the notified area, as the
executive committee may, from time to time, nominate, ex-officio members; (g)
such persons, not less than ten and not more
than fifteen, being residents in the notified area, to be nominated amongst
resident welfare associations, civil society, labour, industry, real estate
developers, commerce and services by the Authority or the executive committee,
in such manner and for such term, as may be prescribed, members. (3)
The Residents Advisory Council shall monitor
the implementation of the annual plan of action for infrastructure development,
mobility management plan and the plan for sustainable management of the urban
environment and make such recommendations, as it may decide. (4)
The recommendations of the Residents Advisory
Council, along with an explanatory memorandum on the action taken or proposed
to be taken thereon, shall be placed by the Chief Executive Officer before the
Authority. (5)
The procedure for conduct of meetings and
transaction of business of the Residents Advisory Council shall be such, as may
be prescribed. (6)
The members of the Residents Advisory Council
nominated under clause (g) of sub-section (2), shall receive such allowances
for attending the meetings of the Authority, as may be prescribed. (1)
Subject to the other provisions of this Act,
rules and regulations made thereunder, the general superintendence, direction
and management of the affairs of the Authority shall vest in the Chief
Executive Officer. (2)
The Chief Executive Officer may by an order,
delegate any of his powers to any officer of the Authority on such terms and
conditions, as may be determined: Provided that each such
order of delegation and the terms and conditions of such delegation shall be
placed before the Authority. A member of the Authority or
a member of the Residents Advisory Council, having any direct or indirect
interest, whether pecuniary or otherwise, in any matter coming up for
consideration at a meeting of the Authority or the Residents Advisory Council,
as the case may be, shall disclose the nature of his interest at such meeting
and shall not take any part in any deliberation or decision of the Authority or
the Residents Advisory Council, as the case may be, with respect to that
matter. The Chief Executive Officer
and such officers of the Authority, as the Authority may determine and members
of the Residents Advisory Council shall, as soon as may be after appointment
and every year thereafter, make a declaration, in such form and manner, as may
be specified by regulations, on the extent of his interest, whether direct or
indirect and whether pecuniary or otherwise, in any property, business or
employment of any family member in the notified area or any matter concerning
or related to the affairs of the Authority and the declaration so made shall be
placed on the website of the Authority. The Chief Executive Officer
shall, within the limits of the notified area, exercise such powers as are
conferred upon the Director under the Haryana Scheduled Roads and Controlled
Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963). (1)
The powers, functions and duties of the
Authority may, inter alia, provide for all or any of the following matters,
namely:- (a)
prepare, sanction, implement plans, projects
and schemes for infrastructure development and provision of urban amenities,
mobility management, sustainable management of the urban environment and
social, economic and industrial development in the notified area; (b)
maintain or cause to be maintained, all
infrastructure development work, urban amenities and properties vested in or
under the control and management of the Authority; (c)
implement projects, schemes or measures for
coordinated and integrated infrastructure development and urban amenities,
mobility management, sustainable management of the urban environment and
social, economic and industrial development in the notified area, as may be
entrusted, with the concurrence of the Authority, to it by the Central
Government or the State Government or by any board, company or other agency of
the Central Government or State Government; (d)
coordinate, for the purposes of integrated
infrastructure development, provision of urban amenities, mobility management,
sustainable management of the urban environment and social, economic and
industrial development, with the Central Government or State Government, local
authority, boards, companies or other agencies; (e)
co-ordinate the regulation of the mobility
management plan in the notified area; (f)
operate or collaborate through the formation
of joint venture companies or limited liability partnerships in the
establishment, development and operation of public transportation, including
mass transportation or integrated multi-modal transportation, within the
notified area; (g)
stimulate urban regeneration and renewal
through planning, redevelopment and renovation of areas within the notified
area; (h)
prepare a disaster management plan and take
such measures for prevention of disasters and mitigation of its effects in the
notified area, in so far as they relate to infrastructure development; (i)
establish, operate and maintain the public
safety answering point of the emergency response system for the notified area; (j)
carry out surveys for the aforesaid purposes; (k)
advise or make recommendations to the State
Government on any matter for coordinated and integrated infrastructure
development, provision of urban amenities, mobility management, sustainable
management of the urban environment and social, economic and industrial
development in the notified area; (l)
assist local authorities through capacity
building to enable them to exercise their powers and perform their functions
under the appropriate law by which they have been established; (m)
undertake or cause to be undertaken, studies,
research and analysis on urban planning, urban regeneration and renewal,
coordinated and integrated infrastructure development and provision of urban
amenities, mobility management, sustainable management of the urban environment
and social, economic and industrial development or for any other purpose under
this Act; (n)
perform such other functions and discharge
such other duties, as the State Government may, by notification, require the
Authority to undertake in furtherance of its objects. (2)
The Authority may, in exercise of its powers,
performance of its functions or discharge of its duties,- (a)
recommend to the State Government to acquire,
in accordance with any law for the time being in force, land for the purposes
of the Authority; (b)
purchase, exchange, transfer, hold, lease,
manage and dispose land in such manner, as may be specified by regulations; (c)
acquire land for implementation of plans for
infrastructure development and sustainable management of the urban environment,
in exchange for transferable development rights issued in lieu of payment
towards cost of land in such manner and for such exchange value as the
Authority may, in accordance with the policy in this regard notified by the
State Government, determine; (d)
acquire, lease, hold, manage, maintain and
dispose property, movable or immovable, other than land; (e)
establish a modern geospatial based system
for planning purposes and for land, infrastructure, urban amenities and urban
environment in the notified area; (f)
enter into contracts or agreements with any
person, board, company, local authority or other agency; (g)
form with the prior approval of the State
Government and on such terms and conditions, as may be approved by the State
Government, joint venture companies and limited liability partnerships, with
boards, companies or other agencies; (h)
direct the appropriate local authority having
jurisdiction or the District Magistrate to remove any obstruction or
encroachment on roads including cycling tracks, open spaces, pedestrian
footpaths or properties vesting in or under the control and management of the
Authority; (i)
require, the police to take, as immediately
as may be practicable, action in the aid of the Authority; (j)
to do all such other acts and things which
may be necessary for or incidental or conducive to, any matter which may arise
on account of exercise of powers and performance of functions and which are
necessary for furtherance of the objects for which the Authority is
established. (1)
The Chief Executive Officer shall, within a
period of nine months from the commencement of this Act and at such intervals
thereafter, as may be prescribed, after such consultations, as may be specified
by regulations, prepare an infrastructure development plan for the notified
area: Provided that such
infrastructure development plan shall be in conformity with the final plans
published under sub-section (7) of section 5 of the Haryana Scheduled Roads and
Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act
41 of 1963). (2)
The infrastructure development plan shall - (a)
describe and detail the infrastructure
development work and urban amenities, including but not limited to roads, water
supply, sewage disposal, storm water drainage, electricity, solid waste
management, public transportation, parking and other urban amenities, required
for the maintenance of a reasonable standard of living of residents of the
notified area or part thereof: Provided that nothing in
this clause shall apply to any internal development work under the control and
management of the local authority or internal development work undertaken or
intended to be undertaken, by any owner who has been granted a licence under
sub-section (3) of section 3 of the Haryana Development and Regulation of Urban
Areas Act, 1975 (8 of 1975): Provided further that the
parameters for measuring the reasonable standard of living of residents shall
be such, as may be determined by the Authority; (b)
specify the right of way requirements for
infrastructure development work under, over, along, across or upon any road or
public street or any property vested in or under the control or management of
the Authority, including but not limited to electricity, telecommunications,
piped natural gas, provided by entities under a licence issued by or under any
State law: Provided that the right of
way requirements shall make provision for prevention of frequent damage to road
and related infrastructure standing thereon. (3)
The Chief Executive Officer shall cause the
infrastructure development plan to be published on the website of the Authority
for the purpose of inviting objections or suggestions thereon. (4)
Any person, including a member of the
Residents Advisory Council nominated under clause (g) of sub-section (2) of
section 11, may within a period of thirty days from the date of publication of
the plan under sub-section (3) send his objections or suggestions in writing,
if any, in respect of such plan to the Chief Executive Officer and he shall
submit, within a period of sixty days from the aforesaid date, the
infrastructure development plan along with his recommendations to the
Authority. (5)
After considering the objections and
suggestions, if any, and the recommendations of the Chief Executive Officer
thereon, the Authority shall, subject to such modifications, as it deems fit,
prepare final infrastructure development plan and publish the same on the
website of the Authority. (6)
The infrastructure development plan may, from
time to time, as may be required, be modified after following the process
described in sub-sections (3) to (5), in so far as the modification is
concerned. (1)
The Chief Executive Officer shall, based on
the infrastructure development plan published under sub-section (5) of section
17 and an assessment of the availability of resources, prepare an annual plan
of action for infrastructure development and provision of urban amenities in
the ensuing financial year. (2)
The annual plan of action for infrastructure
development and provision of urban amenities referred to in sub-section (1)
shall contain schemes or projects for infrastructure development work or urban
amenities proposed in the ensuing financial year along with an estimate of
funds required for its implementation and source of funding. (3)
The annual plan of action for infrastructure
development under sub-section (1) shall include a statement of infrastructure
development works and urban amenities - (a)
included in the annual plan of action of the
current financial year that have not started along with reasons thereof; (b)
that have been started, either in the current
financial year or in the financial years preceding the current financial year,
but not completed along with reasons thereof; (c)
that have been completed or are likely to be
completed in the current financial year. (4)
The annual plan of action for infrastructure
development shall include an assessment by the Chief Executive Officer, after
obtaining information required for the purpose of infrastructure development
and provision of urban amenities proposed or under implementation by any
person, board, company or other agency in the notified area. (5)
The Chief Executive Officer shall submit, at
least one month before the end of the financial year, the annual plan of action
for infrastructure development and provision of urban amenities referred to in
sub-section (2) and the statement referred to in sub-section (3) to the
Authority. (6)
The Authority shall, before the commencement
of the ensuing financial year and after consideration of the annual plan of
action for infrastructure development and provision of urban amenities, approve
the plan with such amendments or modifications, if any, as it deems fit: Provided that any amendment
or modification to such annual plan of action shall be made only after an
estimate of funds required for its implementation is assessed and the source of
funding is identified. (7)
The Chief Executive Officer shall cause the
annual plan of action for infrastructure development and provision of urban
amenities, along with such amendments or modifications, as the Authority may
direct, to be published on the website of the Authority, immediately as soon as
may be practicable, on approval of such annual plan. (1)
Notwithstanding anything contained in any
other State law for the time being in force, no board, company, agency or
person shall, except in accordance with the infrastructure development plan,
undertake any infrastructure development, within the notified area of a nature
that has been entrusted to the Authority under this Act or rules or regulations
made thereunder. (2)
Any board, company, agency or person desiring
to undertake infrastructure development referred to in sub-section (1) shall
intimate, in writing to the Chief Executive Officer, its proposal for
infrastructure development, in such form and manner, as may be specified by
regulations, along with a certificate to the effect that the proposal is in
accordance with the infrastructure development plan: Provided that the local
authority or any owner who has been granted a licence under sub-section (3) of
section 3 of the Haryana Development and Regulation of Urban Areas Act, 1975 (8
of 1975) shall not submit a proposal for internal development work to the
Authority: Provided further that the
local authority shall inform the Authority about its intent to undertake any
infrastructure development work other than an internal development work and
such information shall be provided, except when it is of an emergent nature, at
least thirty days prior to the commencement of such infrastructure development
work. (3)
The Chief Executive Officer immediately on
the receipt of the proposal referred to in sub-section (2) but not later than
three working days, shall cause to place the proposal along with all documents
submitted, on the website of the Authority. (4)
Any resident of the notified area may, within
a period of twenty-one days from the date on which the proposal was placed on
the website of the Authority under sub-section (3), submit his objections or
suggestions on the proposal to the Chief Executive Officer. (5)
The Chief Executive Officer shall, within a
period of sixty days from the date on which the proposal was placed on the
website of the Authority under sub-section (3) and after examination of the
objections and suggestions and making such inquiry, as he considers necessary,
either give his concurrence to the proposal or submit his recommendations along
with reasons thereof to the board, company, agency or person submitting the
proposal under subsection (2). (6)
The concurrence or the recommendations along
with reasons thereof referred to in sub-section (5) shall be placed on the
website of the Authority. (7)
If the Chief Executive Officer, while making
his recommendations under sub-section (5) comes to the conclusion that the
proposal has a material and pervasive effect and affects public interest, he
shall proceed forthwith to submit his recommendations to the Chairperson of the
Authority. (8)
The Authority shall, after consideration of
the recommendations of the Chief Executive Officer give such directions,
subject to the provisions of this Act and rules made thereunder, as it may deem
fit and the Chief Executive Officer shall be bound to act in accordance with
such directions. (1)
The Authority shall specify the right of way
requirements for laying infrastructure development work under, over, along,
across or upon any road or public street or any property vested in or under the
control or management of the Authority: Provided that such right of
way requirements shall be consistent with the provisions of- (i)
the Indian Telegraph Act, 1885 (Central Act
13 of 1885) or rules made thereunder, in respect of telecommunication
infrastructure; (ii)
the Electricity Act, 2003 (Central Act 36 of
2003) or rules made thereunder, in respect of electricity infrastructure; (iii)
the Metro Railways (Construction of Work)
Act, 1978 (Central Act 33 of 1978) or rules made thereunder, in respect of
metro railway infrastructure; (iv)
the Petroleum and Minerals Pipelines
(Acquisition of Right of User in Land) Act, 1962 (Central Act 50 of 1962) or
rules made thereunder, in respect of petroleum and natural gas pipelines. (2)
The Authority shall, in respect of any
property vested in it or under its control or management, exercise the powers - (i)
of the local authority under the Indian
Telegraph Act, 1885 (Central Act 13 of 1885) and the appropriate authority
under the Indian Telegraph Right of Way Rules, 2016, for underground telegraph
infrastructure and over ground telegraph infrastructure; (ii)
conferred under the rules made by the State
Government under sections 67 and 68 of the Electricity Act, 2003(Central Act 36
of 2003) for electricity infrastructure. (3)
No person, board, company or other agency
shall, except in accordance with the right of way requirements undertake any
infrastructure development work within the notified area. (4)
Where the infrastructure development work is
proposed to be provided under any road or public street or any property vested
in or under the control or management of the Authority, the Chief Executive
Officer may require the provider of such infrastructure development work to
ensure provision of positional intelligence through appropriate technology to
enable the Authority to obtain real time information on the location of such
infrastructure development work. (5)
The Authority may, either on its own or
through collaboration with one or more providers of any infrastructure
development work, construct a shared infrastructure for all public utilities
that are likely to be laid under any road or public street and on construction
of such shared infrastructure require all providers of infrastructure
development work laid or proposed to be laid under any road or public street to
use the shared infrastructure: Provided that the nature of
the shared infrastructure, the terms and conditions of its construction and
shared use shall be such, as may be approved by the Authority. (6)
If the Chief Executive Officer is of the
opinion that public interest shall be served by shifting of any infrastructure
development work laid under, over, along, across or upon any road or public
street or any property vested in or under the control or management of the
Authority, he may direct the owner of such infrastructure development work to
shift or alter the infrastructure so provided within such time, as he may
reasonably determine: Provided that if no
compensation was paid to the Authority or its predecessor in interest at the
time of laying of the infrastructure development work, the shifting or
alteration of such infrastructure shall be undertaken by the owner of such
infrastructure at their cost, unless specifically exempted by an order of the
Authority: Provided further that where
the shifting or alteration of the infrastructure development work is required
for the implementation of another infrastructure development work, then the
shifting or alteration, including the cost of such shifting or alteration
thereof, may, if the Chief Executive Officer so directs, be undertaken by the
owner of the other infrastructure development work: Provided further that if
owner of the infrastructure development work makes a request with reasons
thereof, to the Chief Executive Officer for an extension in time for the
shifting or alteration of such infrastructure development work, the Chief
Executive Officer shall, having regard to the public interest and the reasons
cited for the request for extension in time, may grant or refuse the extension. Explanation.- For the
purposes of this clause, the word "compensation" shall not include
the payment made or incurred on reinstatement or restoration of damage to land. (1)
The Chief Executive Officer shall, in
consultation with the Commissioner of Police, Sonipat, Commissioner of the
Municipal Corporation, Sonipat, Deputy Commissioner, Sonipat and after such
other consultations, as the Chief Executive Officer deems fit, prepare from
time to time, a mobility management plan for managing mobility in the notified
area. (2)
The mobility management plan shall include - (a)
measures for infrastructure development,
including improvement of road junctions, construction of roads, bridges,
pedestrian footpaths, subways and such other construction or improvement, as
the case may be; (b)
measures for infrastructure development aimed
at enhancing safety of life and prevention of accidents on public roads; (c)
measures in regard to public transportation,
mass transportation, integrated multi-modal transportation, bus shelters,
parking and their improvement; (d)
measures to regulate parking, traffic,
installation of traffic signals and the transit of vehicles, including its
speed, form, construction, weight, size or laden with such heavy or unwieldy
objects, as may be likely to cause injury; (e)
measures to regulate access to premises from
any particular public street carrying high speed vehicular traffic; (f)
such other measures, as in the opinion of the
Chief Executive Officer, Commissioner of Police, Sonipat and Commissioner of
Municipal Corporation, Sonipat, may be required for managing mobility in the
notified area. (3)
The mobility management plan shall be
submitted to the Residents Advisory Council and it shall make such
recommendations, if any, as it may decide. (4)
The mobility management plan shall be
submitted to the Authority along with the recommendations of the Residents
Advisory Council, if any, and the Authority shall approve the plan with such
amendments or modifications, as it deems fit. (5)
The Chief Executive Officer shall cause the
mobility management plan along with such amendments or modifications, as the
Authority may direct, to be published on the website of the Authority, on
approval of the plan. (6)
The Commissioner of Police, Sonipat,
Commissioner of Municipal Corporation, Sonipat or such other officer, as may be
empowered under the law for the purpose, shall be responsible for enforcement
of the measures in regard to clauses (d) and (e) of sub-section (2) requiring
the imposition of any penalty for violation of such law for the time being in
force. (7)
The exercise of powers by the Commissioner of
the Municipal Corporation, Sonipat under section 221 of the Haryana Municipal
Corporation Act, 1994 (16 of 1994), shall be in accordance with the mobility
management plan. The State Government shall,
in public interest and pursuant to a proposal regarding a scheme published in
accordance with the provisions of sub-section (1) of section 99 of the Motor
Vehicles Act, 1988 (Central Act 59 of 1988) and published under sub-section (3)
of section 100 of the said Act for the purpose of providing an efficient,
adequate, economical and properly coordinated road transport service, permit
the Authority to operate a city bus service within the notified area. (1)
The Chief Executive Officer shall, in
consultation with the Chief Conservator of Forests, the Deputy Commissioner of
Sonipat, the Commissioner of the Municipal Corporation, Sonipat and such other
persons, as the Chief Executive Officer deems fit, prepare, from time to time,
a plan for sustainable management of the urban environment of the notified
area. (2)
The plan for sustainable management of the
urban environment shall include - (i)
provision for urban forestry, tree plantation
and horticulture so as to endeavour to achieve such international standards for
green spaces, as the Authority may determine; (ii)
measures for solid waste management and water
conservation, as may be necessary and desirable. (3)
The Chief Executive Officer shall cause the
plan for sustainable management of the urban environment to be published on the
website of the Authority for the purpose of inviting objections or suggestions thereon. (4)
Any person, including a member of the
Residents Advisory Council nominated under clause (g) of sub-section (2) of
section 11, within a period of twenty-one days from the date of publication of
the plan under sub-section (3) send to the Chief Executive Officer, his
objections and suggestions, if any, in respect of such plan and the Chief
Executive Officer shall submit, within a period of sixty days from the
aforesaid date, the plan for sustainable management of the urban environment along
with his recommendations to the Authority. (5)
After considering the objections and
suggestions, if any, and the recommendations of the Chief Executive Officer
thereon, the Authority shall, subject to such modifications, as it deems fit,
decide as to the final plan for sustainable management of the urban environment
and publish the same on the website of the Authority. (6)
The plan for sustainable management of the
urban environment may, from time to time as may be required, be modified after
following the process described in sub-sections (3) to (5), in so far as the
modification is concerned. (7)
On the approval of the plan for sustainable
environment management, the Municipal Corporation, Sonipat or the Haryana
Shehri Vikas Pradhikaran, as the case may be, shall incorporate such of the
measures, as it may relate to the erection of buildings, including but not
limited to water conservation, recycling of waste water, rain water harvesting,
provision of roof-top solar energy, as the case may be, in the building
bye-laws of the Municipal Corporation or the Haryana Shehri Vikas Pradhikaran,
as the case may be, applicable in the notified area. Where any infrastructure
development work has been provided or is under the control and management of
the Authority, the Chief Executive Officer may require the local authority,
within whose local limits such infrastructure development work is situated, to
assume the responsibility for the maintenance of such infrastructure
development work, on such terms and conditions, as may be agreed upon between
the Authority and that local authority: Provided that where such
terms and conditions have not been agreed upon, the Chief Executive Officer
shall make, in consultation with the Commissioner or Executive Officer of the
local authority concerned, a statement on the difference in opinion on the
specific terms and conditions and submit such statement to the State Government
for a decision and the decision of the State Government shall be final and
binding on the Authority and the local authority. The Authority may, for the
purposes of exercise of its powers or performance of its functions, undertake
the survey of any land or building within the notified area and for that
purpose it shall be lawful for any officer or employee of the Authority or any
person engaged by any local authority, company or other agency duly authorized
in this regard- (a)
to enter in or upon any land and to take
levels of such land; (b)
to dig or bore into the sub-soil; (c)
to set out levels and boundaries by placing
marks and cutting trenches; (d)
to cut down or clear away any obstruction
where otherwise the survey cannot be completed, levels taken and boundaries
marked; (e)
to demarcate intended alignment of any
infrastructure development work, urban amenity, urban forestry or any purpose
for which the Authority is competent to undertake under this Act; (f)
to examine work under construction relating
to any infrastructure development work, urban amenity, urban forestry or any
purpose for which the Authority is competent to undertake under this Act; (g)
to ascertain whether any land or property is
being or has been developed in accordance with the final development plan
published under sub-section (7) of section 5 of the Haryana Scheduled Roads and
Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act
41 of 1963), or the terms and conditions under which development has been
permitted under the Haryana Scheduled Roads and Controlled Areas Restriction of
Unregulated Development Act, 1963 (Punjab Act 41 of 1963) as the case may be; (h)
to do all such acts necessary for the
exercise of powers or performance of functions by the Authority under this Act: Provided that - (i)
no entry shall be made except between the
hours of 0600 and 1800; (ii)
notice of the intention to enter is given at
least one day prior to the date on which the entry is proposed to be made. The Chief Executive Officer
may direct the local authority having jurisdiction to remove any unauthorised
development in the notified area or obstructions and encroachments on roads
including cycling tracks, open spaces, pedestrian footpaths or properties
vesting in or under the control and management of the Authority in such form,
as may be prescribed: Provided that where the
Chief Executive Officer is of the opinion that the local authority having
jurisdiction is or may be unable to remove such unauthorised development,
obstruction or encroachment, he shall direct the District Magistrate to remove
such unauthorised development, obstruction or encroachment in such form and
manner, as may be prescribed. (1)
The Authority shall take such measures, as
may be necessary, for the promotion of social, economic and industrial
development in the notified area. (2)
For the purposes of sub-section (1), the
Authority shall promote, collaborate in and facilitate the establishment of
affordable hospitals, sports facilities, cultural centres, research
institutions engaged or proposing to engage, in research into new knowledge
areas, start up companies in new knowledge areas, skill development centres and
such other institutions, as may be determined by the Authority. Explanation.- For the
purposes of this Act, the words "new knowledge areas" shall mean such
knowledge areas, innovation or enterprise as the Authority may, from time to
time, determine and publish on the website of the Authority. (3)
The Authority shall enable the establishment
of a public trust under the provisions of the Indian Trust Act, 1882 (Central
Act 2 of 1882) to be managed by the residents of the notified area with the
support of the Authority to receive and utilise in the notified area, for the
activities mentioned under Schedule VII of the Companies Act, 2013 (Central Act
18 of 2013), the sums required to be spent in pursuance of Corporate Social
Responsibility Policy under the provisions of section 135 of the said Act. (4)
The Authority shall facilitate the ease of
doing business by such measures and ensuring such coordination as may be
necessary for the purpose, as the Authority may, from time to time, decide: Provided that the State
Government may, on the recommendations of the Authority and by notification,
empower the Chief Executive Officer or any officer of the Authority, to
exercise such powers and on such terms and conditions, as may be mentioned in
the notification, as are exercised by any officer of the State Government or
board under any State. (5)
The Authority shall establish, promote or
facilitate the establishment of common facilities for industries, services or
business including logistics infrastructure. (6)
The mechanisms of promotion, collaboration
and facilitation under sub-section (2) shall be such, as may be specified by
regulations. Notwithstanding anything
contained in the Haryana Slum Areas (Improvements and Clearance) Act, 1961
(Punjab Act 24 of 1961), the Chief Executive Officer shall be deemed to be the
competent authority for the purposes of slum clearance and redevelopment under
Chapter IV of the said Act and shall have such powers and discharge such duties
under the said Act for the said purposes, as the State Government may, by
notification in the Official Gazette, declare. (1)
Subject to such terms and conditions, as may
be specified by regulations, the Authority may constitute as many coordination
committees and as many standing committees, as it thinks fit, with such terms
of references as the Authority may determine for exercising any power or
discharging any function or for monitoring or reporting or advising upon any
matter which the Authority may refer to them. (2)
The coordination committee shall consist
exclusively of officers of the Authority or the State Government or any board
or company owned or controlled by the State Government but the standing
committee shall include residents of the notified area who are not employees of
the Authority or the State Government or any board or company owned or
controlled by the State Government. The number of such persons shall not exceed
one-third of its total membership. (3)
The members of the standing committees
constituted under sub-section (1), other than the officers of the Authority or
the State Government or any board or company owned or controlled by the State
Government, may be paid such fees and allowances for attending meetings and any
other work of the committee, as may be determined, from time to time, by the
Authority. (1)
A member of any coordination committee or
standing committee, having any direct or indirect interest, whether pecuniary
or otherwise, in any matter coming up for consideration at a meeting of such
coordination committee or standing committee, as the case may be, shall
disclose the nature of his interest at such meeting and shall not take any part
in any deliberation or decision of such coordination committee or standing
committee, as the case may be, with respect to that matter. (2)
A member of any coordination committee or any
standing committee, shall, as soon as may be after appointment and every year
thereafter, make a declaration, in such form and manner, as may be specified by
regulations, on the extent of his interest, whether direct or indirect and
whether pecuniary or otherwise, in any property, business or employment of any
family member in the notified area or any matter concerning or related to the
affairs of the Authority and the declaration so made shall be placed on the
website of the Authority. The Chief Executive Officer
may engage, on such fee and remuneration and for such period, such experts
having such experience, as may be specified by regulations. The Authority shall ensure
transparency and adoption of information technology while exercising its powers
and discharging its functions. (1)
The Authority shall have and maintain its own
fund to which shall be credited - (a)
an initial corpus of such sum, as may be
determined and provided by the State Government; (b)
all moneys received or due to be received,
prior to the commencement of the Act by the State Government and unspent at the
time of commencement of this Act on account of proportionate development
charges for external development work in the notified area, payable by the
owner granted a licence under the Haryana Development and Regulation of Urban
Areas Act, 1975 (8 of 1975); (c)
all moneys received or due to be received,
prior to the commencement of this Act by the State Government and unspent at
the time of commencement of this Act on account of infrastructure development
charges levied, in the notified area, under sub-section (1) of section 3A of
the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975) and
payable by the owner granted a licence under the said Act; (d)
such share of moneys collected by the
Municipal Corporation, Sonipat prior to the commencement of this Act and
deposited with the State Government, as the State Government may determine; (e)
all moneys received by the Authority from the
Central Government or the State Government or the Municipal Corporation,
Sonipat by way of grants, loans, advances or otherwise; (f)
all moneys borrowed by the Authority from
sources other than State Government, by way of loans or debentures; (g)
all fees, charges or levies received by the
Authority under this Act; (h)
all moneys received by the Authority from the
disposal of property, moveable and immoveable; and (i)
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
expenditure- (a)
in infrastructure development, provision of
urban amenities, mobility management, sustainable management of the urban
environment and social, economic and industrial development in the notified
area; (b)
in operation and maintenance of assets
created for purposes of infrastructure development, provision of urban
amenities, mobility management, sustainable management of the urban environment
and social, economic and industrial development in the notified area; (c)
salaries and allowances of the Chief
Executive Officer, other officers and employees of the Authority; (d)
in the administration of the Act; (e)
for acquisition of land for purposes of this
Act; (f)
in joint ventures and limited liability partnerships
for infrastructure development, provision of urban amenities, mobility
management, sustainable management of the urban environment and social,
economic and industrial development in the notified area; (g)
on redevelopment and urban renewal in the notified
area; (h)
for such purposes in the exercise of powers
or performance of functions under this Act, as the Authority may approve or the
State Government may direct or permit. The State Government may
make to the Authority grants, loans or advances of such sums of money annually,
as the State Government may deem necessary and all grants, loans or advances so
made shall be on such terms and conditions, as the State Government may
determine. The Authority may, from time
to time, borrow money by way of loans, bonds or debentures or other instruments
from sources other than the State Government, on such terms and conditions,
general or specific, as may be approved by the State Government. (1)
The Authority may invest any portion of its
funds in such investments, as may be specified by regulations. (2)
The Authority may, with the prior approval of
the State Government, invest in establishment of joint venture companies and
limited liability partnerships for infrastructure development and provision of
urban amenities, mobility management, sustainable management of the urban
environment and social, economic and industrial development in the notified
area. All payments by the
Authority on account of interest on loans or the repayment of loans shall be
made on priority to all other dues of the Authority. All properties, funds and
other assets vesting in the Authority shall be held and applied by it for the
purposes and subject to the provisions of this Act. (1)
The Chief Executive Officer shall submit, 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
disbursements of the Authority. (2)
The Authority shall, subject to such
modifications and revisions as it may decide, approve the budget submitted
under sub-section (1). (3)
The budget as modified or revised by the
Authority shall be forwarded to the State Government along with such number of
authenticated copies, as may be required by the State Government and the State
Government shall cause the report to be laid before the State Legislature. (4)
The Chief Executive Officer shall cause the
budget as modified or revised by the Authority, to be placed on the website of
the Authority after the report has been laid before the State Legislature under
sub-section (3). (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 Haryana and any
expenditure incurred in connection with such audit shall be payable by the
Authority to the Accountant General of Haryana. (3)
The Accountant General of Haryana and any
person appointed by him in connection with the audit of accounts of the
Authority shall have the same rights, privileges and authority in connection
with such audit as the Accountant General of Haryana has in connection with the
audit of the Government accounts and in particular, shall have right to demand
the production of books, accounts, connected vouchers and other documents and
papers and to inspect the office of the Authority. (4)
The accounts of the Authority as certified by
the Accountant General of Haryana or any other person appointed by him in this
behalf together with the audit report thereon and an explanatory memorandum on
the action so taken or proposed to be taken shall be forwarded annually to the
State Government and the State Government shall cause a copy of the same to be
laid before the State Legislature. (5)
The Chief Executive Officer shall cause the
accounts of the Authority together with the audit report and the explanatory
memorandum to be placed on the website of the Authority after the report has
been laid before the State Legislature under sub-section (4). (1)
The Chief Executive Officer shall prepare for
every year a report of its activities during that year and submit the report to
the State Government in such form and on or before such date, as may be
prescribed and the State Government shall cause the report to be laid before
the State Legislature. (2)
The report referred to in sub-section (1)
shall include an explanatory memorandum on the status of implementation of the
annual plan of action on infrastructure development, mobility management and
sustainable environmental management along with shortfalls, if any, in implementation
and reasons for such shortfall. (3)
The Chief Executive Officer shall cause the
report together with the explanatory memorandum to be placed on the website of
the Authority after the report has been laid before the State Legislature under
sub-section (1). (1)
The Authority shall be eligible to receive
the proportionate development charges for external development works and paid
or payable by an owner granted a licence under the said Act in the notified
area of the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of
1975): Provided that such
proportionate development charges shall be collected by the Director under the
said Act and transferred to the Authority. (2)
The Authority shall be eligible to receive
the infrastructure development charges determined under sub-section (1) of
section 3A of the Haryana Development and Regulation of Urban Areas Act, 1975
(8 of 1975), and paid or payable by an owner granted a licence under the said
Act in the notified area. (3)
The State Government shall after the
appropriation made by the State Legislature of the State of Haryana by law in
this behalf pay to the Authority, from time to time, the entire proceeds of the
proportionate development charges for external development works under
subsection (1) and infrastructure development charges under sub-section (2)
credited to the Consolidated Fund of the State of Haryana for being utilized by
the Authority for the purposes of this Act. (4)
The Authority shall receive the conversion
charges payable under sub-sections (1) and (1A) of section 7 of the Haryana
Scheduled Roads and Controlled Areas Restriction of Unregulated Development
Act, 1963 (Punjab Act 41 of 1963). (5)
The Authority shall have the power to levy a
duty on the transfer of immovable properties situated within the limits of the
notified area in addition to the duty imposed under the Indian Stamp Act, 1899
(Central Act 2 of 1899), as in force for the time being in the State of Haryana,
on every instrument of the description specified below and at such rate, as the
State Government may, by notification, direct, which shall not be more than two
per centum on the amount specified below against such instruments:- (i)
sale of immovable property - the amount or
value of the consideration for the sale as set forth in the instrument; (ii)
exchange of immovable property - the value of
the property or the greater value as set forth in the instrument; (iii)
gift of immovable property - the value of the
property as set forth in the instrument; (iv)
mortgage with possession of immovable
property - the amount secured by the mortgagee as set forth in the instrument; (v)
lease in perpetuity of immovable property -
the amount equal to one-sixth of the whole amount or value of the rent which
shall be paid or delivered in respect of the first fifty years of the lease, as
set forth in the instrument: Provided that the said duty
shall be collected, at the time of registration of documents by the Registrar
or Sub-Registrar under the Indian Registration Act, 1908 (Central Act 16 of
1908) and paid to the Authority. (6)
The Authority may levy, with the prior
approval of the State Government, a charge, at such rates, as may be notified,
on the sale and consumption of liquor in the notified area: Provided that such charge
shall be collected by the Excise Commissioner under the Haryana Excise Act,
1914 (Punjab Act 1 of 1914) and transferred to the Authority. (7)
The Authority may levy, with the prior
approval of the State Government, a charge, at such rates as may be notified,
on any category of motor vehicles in the notified area. (1)
The State Government may, on the
recommendation of the Authority by notification, levy a cess on property, lands
and buildings in the notified area or any part thereof, at such rate, as may be
determined, from time to time: Provided that the cess shall
be levied only for the purpose of payment of interest and repayment of loans,
bonds or debentures borrowed, by the Authority from sources other than the
State Government, specifically for the purposes of implementation of the
infrastructure development plan or the plan for sustainable management of the
urban environment and for no other purpose: Provided further that if any
surplus on account of the cess remains after payment of such sums as are
permissible under the first proviso, then such surplus shall be returned or
adjusted, as the case may be, in such manner, as may be specified by
regulations. (2)
The cess may be levied at different rates for
different areas and for different classes of properties. (3)
The cess shall be collected by the local
authority within whose areas the properties are situated as if the cess were a
property tax levied by it under the law governing such local authority and
shall first be credited to the Consolidated Fund of the State of Haryana. (4)
The State Government shall after the
appropriation made by the State Legislature by law in this behalf pay to the
Authority, from time to time, the entire proceeds of the cess credited to the
Consolidated Fund of the State of Haryana for being utilised by the Authority
for the purposes of this Act. (1)
The Authority may, for the purposes of
recovering wholly or in part, any expenditure on any infrastructure development
work or urban amenity provided or maintained by it, directly or indirectly
under its authorisation, levy and collect a charge from the users of such
infrastructure development work or urban amenity. (2)
The user charge for each infrastructure
development work or urban amenity shall be such, as may be determined by the
Authority: Provided that the Authority
shall be eligible to collect the user charge from such date, not being less
than a period of seven days from the date of its publication on the website of
the Authority. (3)
The Chief Executive Officer may authorise or
assign any person, company, board or any other agency, the collection of the
user charge on such terms and conditions, as the Chief Executive Officer may,
with the prior approval of the Authority, determine. Any money due to the
Authority on account of external development charges or other charges or from
lands, buildings or other properties, movable or immovable or by way of rents
and profits may be recovered as follows, namely:- (i)
as arrears of land revenue upon a certificate
of the amount due sent by the Chief Executive Officer or an officer duly
authorised by him in this regard to the Collector; or (ii)
direct the bank holding the bank account of
the person, board, company or other agency from whom the money is due to the
Authority to freeze such account to the extent of the money due; or (iii)
revoke the bank guarantee furnished under
clause (a) of sub-section (3) of section 3 of the Haryana Development and
Regulation of Urban Areas Act, 1975 (8 of 1975): Provided that the Authority
shall initiate or continue any one of the three modes specified in clause (i),
clause (ii) or clause (iii) for recovery: Provided further that where
the money on account of external development charges is due from the person,
board, company or other agency granted a licence under clause (a) of
sub-section (3) of section 3 of the Haryana Development and Regulation of Urban
Areas Act, 1975 (8 of 1975), the Chief Executive Officer shall write to the
Sub-Registrar having jurisdiction to refuse, in exercise of the powers
available under section 71 of the Registration Act, 1908 (Central Act 16 of
1908) to register any document for sale, exchange, gift, mortgage or lease of
any immovable property located in the colony for which such licence was granted: Provided further that the
Chief Executive Officer or such officer of the Authority, as may be authorised
by the Chief Executive Officer shall in case the mode of recovery under clause
(ii) is initiated, provide an opportunity of being heard to the person, board,
company or other agency from whom the money is due, not later than three days,
from the date on which direction is given to the bank: Provided further that the
defaulter shall be liable for action, including criminal action, for such
default under any other law for the time being in force. (1)
The State Government shall within a period of
three months from the commencement of this Act on the recommendations of the Chief
Administrator of the Haryana Shehri Vikas Pradhikaran and the Chief Executive
Officer, by notification, publish a transfer scheme providing for the transfer
of property, interest in property, rights and liabilities to the Authority in
the manner hereinafter provided. (2)
Where there is a difference of opinion
between the Chief Administrator of the Haryana Shehri Vikas Pradhikaran and the
Chief Executive Officer, the State Government shall take such decision as it
deems fit and such decision shall be final and binding upon the Haryana Shehri
Vikas Pradhikaran and the Authority. (3)
Any property, interest in property, rights
and liabilities vested in the Haryana Shehri Vikas Pradhikaran, in so far as it
pertains to any of the powers exercisable or functions dischargeable by the
Authority under this Act, shall be re-vested by the State Government in the
Authority, in accordance with the transfer scheme so published, on such terms
and conditions, as may be approved by the State Government. (4)
Notwithstanding anything contained in this
section, where,- (a)
the transfer scheme involves the transfer of
any property or rights from any person or undertaking not wholly owned by the
Haryana Shehri Vikas Pradhikaran, the scheme shall give effect to the transfer
only for fair value to be paid by the Authority to the Haryana Shehri Vikas
Pradhikaran; (b)
a transaction of any description is effected
in pursuance of a transfer scheme, it shall be binding on all persons including
third parties and even if such persons or third parties have not consented to
it. (5)
A transfer scheme under this section may- (a)
define the property, interest in property,
rights and liabilities to be transferred (i)
by specifying or describing the property,
interest in property, rights and liabilities in question; or (ii)
by referring to all the property, interest in
property, rights and liabilities comprised in a described part of the
transferors undertaking; or (iii)
partly in one way and partly in the other; (b)
provide that any rights or liabilities stipulated
or described in the scheme shall be enforceable by or against the transferor or
the transferee; (c)
impose on the transferor an obligation to
enter into such written agreements with or execute such other instruments in
favour of any other subsequent transferee, as may be stipulated in the scheme; (d)
provide for the transfer of physical and
digital records; (e)
mention the functions and duties of the
transferee; (f)
make such supplemental, incidental and
consequential provisions as the transferor considers appropriate including
provision stipulating the order as taking effect; and (g)
provide that the transfer shall be
provisional for a stipulated period. (6)
All debts and obligations incurred, all
contracts entered into and all matters and things engaged to be done by, with
or for the Haryana Shehri Vikas Pradhikaran, before a transfer scheme becomes
effective shall, to the extent specified in the relevant transfer scheme, be
deemed to have been incurred, entered into or done by the Authority, with the
Authority and all suits or other legal proceedings instituted by or against the
Haryana Shehri Vikas Pradhikaran, may be continued or instituted by or against Authority. (7)
The Haryana Shehri Vikas Pradhikaran shall
cease to be charged with and shall not perform the functions and duties with
regard to transfers made on and after the effective date. (1)
As soon as may be practicable and within a
period of three months on the commencement of this Act, the State Government
shall, on the recommendations of the Managing Director of the Haryana State
Industrial and Infrastructure Development Corporation and the Chief Executive
Officer of the Authority and by notification, publish a transfer scheme
providing for the transfer of property, interest in property, rights and
liabilities to the Authority in the manner hereinafter provided. (2)
Where there is a difference of opinion
between the Managing Director of Haryana State Industrial and Infrastructure
Development Corporation and the Chief Executive Officer of the Authority, the
State Government shall take such decision as it deems fit and such decision
shall be final and binding upon the Haryana State Industrial and Infrastructure
Development Corporation and the Authority. (3)
Any property, interest in property, rights
and liabilities vested in the Haryana State Industrial and Infrastructure
Development Corporation in so far as it pertains to any of the powers
exercisable or functions dischargeable by the Authority under this Act, shall
be re-vested by the State Government in the Authority in accordance with the
transfer scheme so published, on such terms and conditions, as may be approved
by the State Government. (4)
Notwithstanding anything contained in this
section, where,- (a)
the transfer scheme involves the transfer of
any property or rights from any person or undertaking not wholly owned by the
Haryana State Industrial and Infrastructure Development Corporation, the scheme
shall give effect to the transfer only for fair value to be paid by the
Authority to the Haryana State Industrial and Infrastructure Development
Corporation; (b)
a transaction of any description is effected
in pursuance of a transfer scheme, it shall be binding on all persons including
third parties and even if such persons or third parties have not consented to
it. (5)
A transfer scheme under this section may- (a)
define the property, interest in property,
rights and liabilities to be transferred - (i)
by specifying or describing the property,
interest in property, rights and liabilities in question; or (ii)
by referring to all the property, interest in
property, rights and liabilities comprised in a described part of the
transferors undertaking; or (iii)
partly in one way and partly in the other; (b)
provide that any rights or liabilities
stipulated or described in the scheme shall be enforceable by or against the
transferor or the transferee; (c)
impose on the transferor an obligation to
enter into such written agreements with or execute such other instruments in
favour of any other subsequent transferee, as may be stipulated in the scheme; (d)
provide for the transfer of digital records; (e)
mention the functions and duties of the
transferee; (f)
make such supplemental, incidental and
consequential provisions, as the transferor considers appropriate including
provision stipulating the order as taking effect; and (g)
provide that the transfer shall be provisional
for a stipulated period. (6)
All debts and obligations incurred, all
contracts entered into and all matters and things engaged to be done by, with
or for the Haryana State Industrial and Infrastructure Development Corporation,
before a transfer scheme becomes effective shall, to the extent specified in
the relevant transfer scheme, be deemed to have been incurred, entered into or
done by the Authority, with the Authority and all suits or other legal
proceedings instituted by or against the Haryana State Industrial and
Infrastructure Development Corporation, may be continued or instituted by or
against Authority. (7)
The Haryana State Industrial and
Infrastructure Development Corporation shall cease to be charged with and shall
not perform the functions and duties with regard to transfers made on and after
the date of publication of the scheme. (1)
The State Government shall, within three
years from the commencement of this Act and thereafter at the expiration of
every fifth year, constitute a committee, in such manner and consisting of such
members, as may be prescribed to evaluate and review the performance of the
Authority in the said period. (2)
The committee shall include experts of
national eminence and standing in the field of urban governance, infrastructure
development, environment, management, public administration. (3)
The committee referred to in sub-section (1)
shall evaluate and review the performance of the Authority and make
recommendations to the State Government as to - (a)
the extent of fulfilment of the goals and
objectives of the Authority stated in this Act, as demonstrated by the state of
infrastructure, urban environment and social, economic and industrial
development of the notified area; (b)
the effectiveness of coordination mechanisms
between the Authority, the local authority, the Sonipat Police, the Haryana
Shehri Vikas Pradhikaran and such other agencies of State Government involved
in infrastructure development, sustainable management of the urban environment
and social, economic and industrial development in the notified area; (c)
future vision of the Authority along with
corrective measures, if any; (d)
such other matters, as may be referred to the
committee by the State Government. (4)
The State Government shall cause to be laid
before the State Legislature, the report of the committee constituted under
sub-section (1) along with an explanatory memorandum on the action taken or
proposed to be taken thereon in respect of each recommendation of the
committee. No act or proceedings of the
Authority or any committee constituted by or under this Act shall be invalid
merely by reason of the existence of a vacancy or vacancies among its members. The Authority shall, within
such period, as may be specified, furnish to the State Government, such returns
or other information with respect to its activities, as the State Government
may, from time to time, require. The Authority shall have
power to call for any return, report, statistics or other information
pertaining to any infrastructure development work, urban amenity or any matter
with reference to the powers exercisable in the notified area by the Authority
under this Act, from any local authority or any other authority, board, company
or other agency, owned or controlled by the Central Government or the State
Government, which is required by it in exercise of its powers and the
performance of its duties under this Act or any other State law and such local
authority or such other authority, board, company or other agency shall be
bound to furnish such information. (1)
The Authority shall carry out such
directions, as may be issued to it from time to time, by the State Government. (2)
If in or in connection with, the exercise of
its powers and performance of its functions by the Authority under this Act,
any dispute arises between the Authority and any local authority in the
notified area, Haryana Shehri Vikas Pradhikaran or any board, company or other
agency of the State Government, such dispute shall be referred to the State
Government and the decision of the State Government on any such dispute shall
be final. (3)
The State 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 any officer of the Authority
for the purpose of satisfying itself as to the legality or propriety of any
order passed or direction issued and may pass such order or issue such
direction in relation thereto as it may think fit: Provided that the State
Government shall not pass an order prejudicial to any person without affording
such person a reasonable opportunity of being heard. Subject to the provisions of
the Haryana Scheduled Roads and Controlled Areas Restriction of Unregulated
Development Act, 1963 (Punjab Act 41 of 1963) and the Haryana Development and
Regulation of Urban Areas Act, 1975 (8 of 1975), the provisions of this Act
shall have overriding effect notwithstanding anything inconsistent therewith
contained in any other State law. The provisions of this Act
shall be in addition to and not in derogation of the provisions of any other
law for the time being in force. No suit, prosecution or
other legal proceeding shall lie against any person for anything which is in good
faith done or intended to be done under this Act or any rules or regulations
made thereunder. Every member and every
officer and other staff of the Authority or a committee constituted by or under
this Act shall be deemed to be a public servant within the meaning of section
21 of the Indian Penal Code, 1860 (Central Act 45 of 1860). (1)
The State Government may, by notification,
make rules to carry out the purposes of this Act. (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 allowances that members, other than
ex-officio members shall receive for attending the meetings of the Authority
under sub-section (1) of section 6; (b)
the time of meeting, the rules of procedure
for conduct of business and transaction of business of the Authority under
sub-section (1) of section 7; (c)
the manner in which the Chief Executive Officer
shall maintain records of the meetings of the Authority under sub-section (4)
of section 7; (d)
the manner and qualifications for appointment
of officers and employees of the Authority under sub-section (1) of section 10; (e)
the salaries and allowances payable to and
other terms and conditions of service of officers and other staff of the
Authority under sub-section (2) of section 10; (f)
the manner and term of appointment of
persons, being residents of the notified area, to be nominated to the Residents
Advisory Council under clause (g) of sub-section (2) of section 11; (g)
the procedure for conduct of meetings and
transaction of business of the Residents Advisory Council under sub-section (5)
of section 11; (h)
the allowances that members, other than
ex-officio members shall receive for attending the meetings of the Residents
Advisory Council under subsection (6) of section 11; (i)
the form in which the Sonipat Police may be
required to take action in aid of the Authority under clause (i) of sub-section
(2) of section 16; (j)
the intervals at which the Chief Executive
Officer shall prepare an infrastructure development plan for the notified area
under sub-section (1) of section 17; (k)
the form in which the appropriate local
authority having jurisdiction may be directed to remove any unauthorized
development in the notified area or obstructions or encroachments under section
26; (l)
the form and manner in which the Chief
Executive Officer shall direct the District Magistrate to remove any
unauthorized development in the notified area or obstructions or encroachments
under the proviso to section 26; (m)
the form and time in/on which the Chief
Executive Officer shall submit the budget under sub-section (1) of section 39; (n)
the form in which the Authority shall
maintain proper accounts and other relevant records and prepare an annual
statement of accounts including the balance sheet under sub-section (1) of
section 40; (o)
the form and the date, on or before which,
the Chief Executive Officer shall prepare and submit to the State Government a
report of its activities during that year under sub-section (1) of section 41; (p)
the number of members, their expertise and
the manner of constitution of the committee under sub-section (1) of section
48; (q)
any other matter which has to be or may be
prescribed. (1)
Subject to the provisions of this Act, the
Authority shall, by publication on its website, make regulations to carry out
the purposes of this Act. (2)
In particular and without prejudice to the
generality of the foregoing power, such regulations may provide for all or any
of the following matters, namely:- (a)
the manner, the period and the terms and
conditions of appointment of temporary staff under sub-section (3) of section
10; (b)
the form and manner in which the Chief
Executive Officer, officers of the Authority and members of the Residents
Advisory Council shall make a declaration, as soon as may be after their
appointment and every year thereafter, on the extent of their interest under
section 14; (c)
the manner in which the Authority may
purchase, exchange, transfer, hold, lease, manage and dispose land under clause
(b) of sub-section (2) of section 16; (d)
the form and manner in which any board,
company, agency or person makes proposal under sub-section (2) of section 19; (e)
the mechanisms of promotion, collaboration
and facilitation under subsection (6) of section 27; (f)
the terms and conditions of constitution of
coordination committees and standing committees for exercising any power or
discharging any function or for monitoring or reporting or advising upon any
matter which the Authority may refer to them under sub-section (1) of section
29; (g)
the form and manner in which a member shall
make a declaration under subsection (2) of section 30; (h)
the fee, remuneration and the period of
appointment of experts under section 31; (i)
the investments in which the Authority may
invest any portion of its funds under sub-section (1) of section 36; (j)
the manner in which surplus on account of the
cess shall be returned or adjusted under sub-section (1) of section 43; (k)
any other matter which has to be or may be
specified by regulations. (3)
The Authority may, from time to time, amend
or repeal any regulation and each such regulation, its amendment or repeal, as
the case may be, shall come into effect from the date of its publication on the
website of the Authority. (1)
If any difficulty arises in giving effect to
the provisions of this Act, the State Government may, by order published in the
Official Gazette, make such provisions, not inconsistent with the provisions of
this Act, as appear to it to be necessary or expedient for removing the
difficulty: Provided that no order shall
be made under this section after the expiry of two years from the date of
commencement of this Act. (2)
Every order made under this section shall, as
soon as may be after it is made, be laid before the State Legislature. The notification issued
under sub-section (1) of section (3), every rule and regulation made under this
Act shall be laid, as soon as may be after it is issued or made, before the
State Legislature.The
Sonipat Metropolitan Development Authority Act, 2023