Resumption and forfeiture for breach of conditions of transfer

The Haryana Industrial Estates (Development and Regulation) Act, 1974

Civil197421 sections

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Statutory text

(1) Where any transferee makes default in the payment of any consideration money or any instalment on account of the sale of any industrial plot or factory building under section 3, the Estate Officer may, by notice in writing, call upon the transferee to show cause, within a period of thirty days why a penalty (which shall not exceed ten per cent of the amount due from the transferee) be not imposed upon him.
(2) After considering the cause, if any, shown by the transferee and after giving him a reasonable opportunity of being heard in the matter, the Estate Officer may, for reasons to be recorded in writing, make an order imposing the penalty and direct that the amount of money due along with the penalty shall be paid by the transferee within such period as may be specified in the order.
(3) If the transferee fails to pay the amount due together with the penalty in accordance with the order made under sub-section (2), or commits a breach of any other conditions of such sale, the Estate Officer may, by notice in writing, call upon the transferee to show cause, within a period of thirty days, why an order of resumption of the industrial plot or factory building of the whole or any part of the money, if any, paid in respect thereof (which in no case shall exceed ten percent of the total amount of the consideration money, interest and other dues payable in respect of the sale of the industrial plot or factory building) should not be made.
(4) After considering the cause, if any, shown by the transferee in pursuance of a notice under sub-section
(3) and after giving him a reasonable opportunity of being heard in the matter, the Estate Officer, may, for reasons to be recorded in writing, make an order resuming the industrial plot or factory building so sold and directing the forfeiture as provided in sub-section
(3) of the whole or any part of the money paid in respect of such sale.

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